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No Funds for Enablers of Adversarial Propaganda Act This bill prohibits the receipt of federal funds by individuals or entities (including a government entity) conducting business with social media companies associated with countries of concern, defined as China, Russia, Iran, North Korea, Cuba, and Venezuela. Specifically, no individual or entity may receive federal funds if it has in place any agreement, partnership, or advertising relationship with a social media company domiciled in, headquartered in, organized under the laws of, or whose principal place of business is located in a country of concern.

118 S875 IS: No Funds for Enablers of Adversarial Propaganda Act U.S. Senate 2023-03-16 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. 875 IN THE SENATE OF THE UNITED STATES March 16, 2023 Mr. Rubio Ms. Ernst Committee on Commerce, Science, and Transportation A BILL To prohibit the receipt of Federal funds by individuals or entities conducting business with social media companies associated with countries of concern, and for other purposes. 1. Short title This Act may be cited as the No Funds for Enablers of Adversarial Propaganda Act 2. Prohibition on receipt of Federal funds for persons conducting business with social media companies associated with countries of concern (a) In general On or after the date of the enactment of this Act, no individual or entity may receive Federal funds if that individual or entity has in place any agreement, partnership, or advertising relationship with a social media company domiciled in, headquartered in, organized under the laws of, or whose principal place of business is located in a country of concern. (b) Definitions In this section: (1) Country of concern The term country of concern (2) Entity The term entity (3) Social media company The term social media company (A) means any entity that operates, directly or indirectly, including through its parent company, subsidiaries, or affiliates, a website, desktop application, or mobile application that— (i) permits an individual or entity to create an account or profile for the purpose of generating, sharing, and viewing user-generated content through such account or profile; (ii) sells digital advertising space; (iii) has more than 1,000,000 monthly active users for a majority of months during the preceding 12 months; (iv) enables one or more users to generate content that can be viewed by other users of the website, desktop application, or mobile application; and (v) enables users to view content generated by other users of the website, desktop application, or mobile application; and (B) does not include an entity if the entity does not operate a website, desktop application, or mobile application except for a website, desktop application, or mobile application the primary purpose of which is— (i) to allow users to post product reviews, business reviews, or travel information and reviews; or (ii) to provide emergency alert services.

No Funds for Enablers of Adversarial Propaganda Act

90-Day Review Act This bill reduces the time limit to file a petition for judicial review of a federal permit, license, or approval for a highway or public transportation capital project. Specifically, the bill reduces the current 150-day time limit to 90 days.

118 S876 IS: 90-Day Review Act U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 876 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Cruz Committee on Environment and Public Works A BILL To establish a 90-day limit to file a petition for judicial review of a permit, license, or approval for a highway or public transportation project, and for other purposes. 1. Short title This Act may be cited as the 90-Day Review Act 2. Limitations on claims (a) In general Section 139(l) of title 23, United States Code, is amended by striking 150 days 90 days (b) Conforming amendments (1) Section 330(e) of title 23, United States Code, is amended— (A) in paragraph (2)(A), by striking 150 days 90 days (B) in paragraph (3)(B)(i), by striking 150 days 90 days (2) Section 24201(a)(4) of title 49, United States Code, is amended by striking of 150 days

90-Day Review Act

Federal Permitting Modernization Act of 2023 This bill revises environmental review requirements for certain infrastructure projects under the National Environmental Policy Act of 1969 (NEPA) and the Fixing America's Surface Transportation Act. Specifically, this bill establishes deadlines for federal agencies to complete the environmental review of such projects. In addition, the bill limits when a court may provide injunctive relief in a case about the environmental review or authorization of an infrastructure project. A court may not issue a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with the review or authorization of an infrastructure project unless the court determines that (1) the environmental review has failed substantially and materially to comply with the requirements of NEPA, and (2) the failure cannot be cured by supplementing the environmental document or other mitigation and monitoring measures.

118 S877 IS: Federal Permitting Modernization Act of 2023 U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 877 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Cruz Committee on Environment and Public Works A BILL To amend the FAST Act to improve the Federal permitting process, and for other purposes. 1. Short title This Act may be cited as the Federal Permitting Modernization Act of 2023 2. Federal permitting modernization (a) Permitting process improvement Section 41003 of the FAST Act ( 42 U.S.C. 4370m–2 (1) in subsection (b)(4)(A), by striking or (C) or (D) (2) in subsection (c)(2)— (A) in subparagraph (A), by striking subparagraph (C) subparagraph (D) (B) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; (C) by inserting after subparagraph (A) the following: (B) Notice of intent and scoping (i) In general The permitting timetable under subparagraph (A) shall require that not later than 5 business days after the Coordinated Project Plan is required to be established under paragraph (1)(A), the lead agency shall publish in the Federal Register a notice of intent to prepare the relevant environmental document required by NEPA. (ii) Environmental impact statements If the relevant environmental document required by NEPA is an environmental impact statement, the notice of intent required under clause (i) and the permitting timetable under subparagraph (A) shall provide for a public scoping period of not longer than 60 days, which shall begin not later than 30 days after the date on which the notice of intent is published. ; (D) in clause (i)(IV) of subparagraph (E) (as so redesignated), by striking subparagraph (B) subparagraph (C) (E) in clause (i) of subparagraph (G) (as so redesignated), by striking subparagraph (D) subparagraph (E) (F) in clause (iii) of subparagraph (H) (as so redesignated), by striking subparagraph (F) subparagraph (G) (b) Coordination of required reviews Section 41005 of the FAST Act ( 42 U.S.C. 4370m–4 (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: (f) Final environmental impact statement (1) Incorporation of comments and publication of final environmental impact statement Subject to paragraph (2)(C), not later than 30 days after the date on which the public comment period for a draft environmental impact statement under subsection (d)(1) ends, the lead agency shall— (A) incorporate any necessary changes; and (B) approve, adopt, and publish the final environmental impact statement. (2) Preparation by project sponsor (A) In general Notwithstanding any other provision of law, an environmental impact statement for a covered project shall not be considered legally insufficient solely because the draft environmental impact statement was prepared by, or under the supervision of, the project sponsor, if the lead agency— (i) furnishes guidance and participates in the preparation of the environmental impact statement; (ii) independently evaluates the environmental impact statement; and (iii) approves and adopts the environmental impact statement. (B) Approval and adoption of draft statement If the lead agency approves and adopts a draft environmental impact statement described in subparagraph (A), the lead agency shall publish the draft environmental impact statement for public comment not later than 30 days after the date on which the lead agency receives the draft environmental impact statement. (C) Resubmission If the lead agency determines that a draft environmental impact statement described in subparagraph (A) is legally insufficient or deficient in a respect that could affect the decision of a lead agency or a cooperating agency, the lead agency shall, not later than 30 days after the date on which the agency receives the draft environmental impact statement— (i) indicate all deficiencies in the draft environmental impact statement to the project sponsor for remediation; and (ii) allow the project sponsor to resubmit the draft detailed statement in accordance with subparagraph (B). (D) Savings provision The procedures under this paragraph shall not relieve any agency of— (i) any responsibilities for the scope, objectivity, and content of an environmental impact statement; or (ii) any other responsibility under NEPA. . (c) Preliminary injunctive relief in NEPA actions Section 41007 of the FAST Act ( 42 U.S.C. 4370m–6 (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (2) in subsection (b), in the matter preceding paragraph (1), by striking In addition Subject to subsection (c), in addition (3) by inserting after subsection (b) the following: (c) Preliminary injunctive relief in NEPA actions In the case of an action pertaining to an environmental review conducted under NEPA, a court shall not issue a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with the review or authorization of a covered project unless the court, in the discretion of the court, determines that— (1) the environmental review has failed substantially and materially to comply with the requirements of NEPA; and (2) the failure described in paragraph (1) cannot be cured by supplementing the environmental document or other mitigation and monitoring measures. .

Federal Permitting Modernization Act of 2023

Fairness in Fentanyl Sentencing Act of 2023 This bill modifies the drug quantity thresholds that trigger a mandatory minimum prison term for a defendant who manufactures, distributes, imports, exports, or possesses with intent to distribute fentanyl. Specifically, the bill reduces from 400 to 20 grams the fentanyl quantity and from 100 to 5 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for high-level first-time or repeat offenders. It also reduces from 40 to 2 grams the fentanyl quantity and from 10 to 0.5 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for low-level first-time or repeat offenders. Additionally, the bill directs the U.S. Postal Service to increase the availability of chemical screening devices and dedicate the appropriate number of personnel to interdict fentanyl and other substances that are unlawfully imported into the United States.

118 S878 IS: Fairness in Fentanyl Sentencing Act of 2023 U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 878 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Kennedy Mr. Cotton Mr. Graham Mr. Cruz Mrs. Britt Committee on the Judiciary A BILL To amend the Controlled Substances Act and the Controlled Substances Import and Export Act to modify the offenses relating to fentanyl, and for other purposes. 1. Short title This Act may be cited as the Fairness in Fentanyl Sentencing Act of 2023 2. Controlled Substances Act amendments Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) (1) in subparagraph (A)(vi)— (A) by striking 400 20 (B) by striking 100 5 (C) by inserting scheduled or unscheduled analogue of (2) in subparagraph (B)(vi)— (A) by striking 40 2 (B) by striking 10 0.5 (C) by inserting scheduled or unscheduled analogue of 3. Controlled Substances Import and Export Act amendments Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) (1) in paragraph (1)(F)— (A) by striking 400 20 (B) by striking 100 5 (C) by inserting scheduled or unscheduled analogue of (2) in paragraph (2)(F)— (A) by striking 40 2 (B) by striking 10 0.5 (C) by inserting scheduled or unscheduled analogue of 4. Directive to the Sentencing Commission (a) Definition In this section, the term Commission (b) Directive to the United States Sentencing Commission Pursuant to the authority of the Commission under section 994(p) of title 28, United States Code, and in accordance with this section, the Commission shall review and amend, if appropriate, the guidelines and policy statements of the Commission applicable to a person convicted of an offense under section 401 of the Controlled Substances Act ( 21 U.S.C. 841 21 U.S.C. 960 (c) Emergency authority The Commission shall— (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. 5. Interdiction of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances (a) Definitions In this section— (1) the term chemical screening device (2) the term express consignment operator or carrier (3) the term Postmaster General (b) Interdiction of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances (1) Chemical screening devices The Postmaster General shall— (A) increase the number of chemical screening devices that are available to the United States Postal Service; and (B) make additional chemical screening devices available to the United States Postal Service as the Postmaster General determines are necessary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, including such substances that are imported through the mail or by an express consignment operator or carrier. (2) Personnel to interpret data The Postmaster General shall dedicate the appropriate number of personnel of the United States Postal Service, including scientists, so that those personnel are available during all operational hours to interpret data collected by chemical screening devices. (c) Authorization of appropriations There is authorized to be appropriated to the Postmaster General $9,000,000 to ensure that the United States Postal Service has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances.

Fairness in Fentanyl Sentencing Act of 2023

Coordinating Dual Eligible Recommendations Act This bill requires the Medicare Payment Advisory Commission and the Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission to jointly submit a biennial report on Medicare and Medicaid with respect to dually eligible beneficiaries, including information relating to finances, utilization, and coordination of services.

118 S880 IS: Coordinating Dual Eligible Recommendations Act U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 880 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Cassidy Mr. Casey Committee on Finance A BILL To require MedPAC and MACPAC to biennially conduct a coordinated review and analysis of Medicare and Medicaid policy with respect to dually eligible beneficiaries, and to jointly submit recommendations for policy changes, and for other purposes. 1. Short title This Act may be cited as the Coordinating Dual Eligible Recommendations Act 2. Coordinated MedPAC and MACPAC review and report regarding dually eligible beneficiaries (a) In general (1) Medicare Section 1805(b)(11) of the Social Security Act ( 42 U.S.C. 1395b–6(b)(11) (A) by striking The Commission (A) In general The Commission ; and (B) by adding at the end the following: (B) Biennial coordinated review and joint report on policies affecting dually eligible beneficiaries (i) In general Beginning with the report for March 15, 2024, and biennially thereafter, the Commission shall coordinate with MACPAC to jointly— (I) review and analyze aggregate trends in spending, utilization, and financial performance under Medicare and Medicaid regarding access to, and the quality of, care provided under such programs for dually eligible beneficiaries; and (II) include as an appendix to such report— (aa) analyses of such trends; and (bb) subject to paragraph (10), recommendations for changes to Medicare and Medicaid policy to ensure adequate and efficient access to care to improve and maintain the health and functional status of dually eligible beneficiaries and to increase the alignment of the Medicare and Medicaid programs in serving such beneficiaries. (ii) Appropriate committees of Congress Each report required under this subparagraph shall be submitted to the appropriate committees of Congress. . (2) Medicaid Section 1900(b)(11) of the Social Security Act ( 42 U.S.C. 1396(b)(11) (C) Biennial coordinated review and joint report on policies affecting dually eligible beneficiaries (i) In general Beginning with the report for March 15, 2024, and biennially thereafter, MACPAC shall coordinate with the Medicare Payment Advisory Commission established under section 1805 to jointly— (I) review and analyze aggregate trends in spending, utilization, and financial performance under Medicare and Medicaid regarding access to, and the quality of, care provided under such programs for dually eligible individuals; and (II) include as an appendix to such report— (aa) analyses of such trends; and (bb) subject to paragraph (13), recommendations for changes to Medicare and Medicaid policy to ensure adequate and efficient access to care to improve and maintain the health and functional status of dually eligible beneficiaries and to increase the alignment of the Medicare and Medicaid programs in serving such beneficiaries. (ii) Appropriate committees of Congress Each report required under this subparagraph shall be submitted to the appropriate committees of Congress which, for purposes of this subparagraph, shall include the Committee on Ways and Means of the House of Representatives. . (b) Technical amendments (1) Medicare Section 1805(b) of the Social Security Act ( 42 U.S.C. 1395b–6(b) (A) in paragraph (6), by inserting Energy and Commerce (B) in paragraph (10), by striking section 2081 section 2602 (2) Medicaid Paragraph (13) of section 1900(b) of the Social Security Act ( 42 U.S.C. 1396(b)(13) section 2081 section 2602

Coordinating Dual Eligible Recommendations Act

New Deal for New Americans Act of 2023 This bill provides assistance to immigrants, including refugees, and addresses issues related to naturalization. The bill establishes the National Office of New Americans to (1) welcome and support immigrants, (2) promote and support immigrant integration, and (3) promote the pursuit of U.S. citizenship among immigrants. The bill also establishes grant programs for eligible entities that provide (1) legal services for immigrants, (2) English language education that focuses on integrating students into society, and (3) workforce development training that supports the economic integration of immigrants. The bill also reauthorizes the Citizenship and Integration Grant Program within U.S. Citizenship and Immigration Services (USCIS). USCIS shall establish a nonprofit entity to spur innovation in expanding citizenship preparation programs and to support assistance for immigrants seeking lawful permanent resident status or citizenship. The bill also requires the Department of Homeland Security to (1) report to Congress before increasing fees for immigration adjudication and naturalization services above the levels of such fees on January 1, 2019, and (2) waive or reduce certain immigration-related fees for low-income individuals. The bill also (1) waives the English proficiency requirement for the naturalization of certain lawful permanent residents, (2) repeals the public charge ground for deportation, (3) requires states to provide for automatic voter registration to qualifying new citizens unless that individual declines, and (4) sets a floor of 125,000 to the maximum number of refugees who may be admitted into the United States each year.

118 S883 IS: New Deal for New Americans Act of 2023 U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 883 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Markey Ms. Warren Committee on the Judiciary A BILL To establish the National Office of New Americans, to reduce obstacles to United States citizenship, to support the integration of immigrants into the social, cultural, economic, and civic life of the United States, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the New Deal for New Americans 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. Definitions. TITLE I—New Americans and integration Sec. 101. Definitions. Sec. 102. National Office of New Americans. Sec. 103. Federal Initiative on New Americans. TITLE II—Programs To promote citizenship, integration, and prosperity Sec. 201. Definitions. Sec. 202. Sense of Congress on access to legal counsel. Sec. 203. Legal Services and Immigration Assistance grant program. Sec. 204. English as a Gateway to Integration grant program. Sec. 205. Workforce Development and Shared Prosperity grant program. Sec. 206. Department of Homeland Security grants. Sec. 207. United States Citizenship and Integration Foundation. Sec. 208. Pilot program to promote immigrant integration at State and local levels. Sec. 209. Authorization of appropriations for Foundation and pilot program. TITLE III—Reducing barriers to citizenship Sec. 301. Sense of Congress. Sec. 302. Immigration service fees. Sec. 303. Waiver of English requirement for senior new Americans. Sec. 304. Reduce financial obstacles to naturalization. Sec. 305. Naturalization for certain United States high school graduates. Sec. 306. Family integration. Sec. 307. Revision of grounds for deportation. Sec. 308. Waiver to ensure access to citizenship. Sec. 309. Naturalization ceremonies. Sec. 310. Proud to Be a United States Citizen Program. Sec. 311. Mission of U.S. Citizenship and Immigration Services. Sec. 312. Automatic registration of eligible individuals. Sec. 313. Department of Homeland Security assistance in registration. Sec. 314. Voter protection and security in automatic registration. Sec. 315. Effective date. TITLE IV—Refugee resettlement and integration Sec. 401. Definition of Secretary. Sec. 402. Minimum number of refugees to be admitted. Sec. 403. Pre-arrival English language and work orientation training for approved refugee applicants. Sec. 404. Update of reception and placement grants. Sec. 405. Case management grant program. Sec. 406. Increase in cash payments. TITLE V—Protections for immigrants Sec. 501. Personally identifiable information. Sec. 502. Voluntary participation in integration and inclusion activities. 2. Definitions In this Act: (1) Immigrant The term immigrant (A) is not a citizen or national of the United States; (B) is present in the United States; and (C) (i) is in any status under the immigration laws; or (ii) (I) is not in any status under the immigration laws; and (II) intends to resident permanently in the United States. (2) Immigration laws The term immigration laws 8 U.S.C. 1101(a) (3) Refugee The term refugee 8 U.S.C. 1101(a) I New Americans and integration 101. Definitions In this title: (1) Director The term Director (2) Federal agency The term Federal agency agency (3) Office The term Office 102. National Office of New Americans (a) Establishment of the National Office of New Americans There is established within the Executive Office of the President an office to be known as the National Office of New Americans (b) Purposes The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. (2) To promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the United States. (3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. (4) To ensure access to quality English language learning programs that support the successful integration of immigrant adults, including by enhancing— (A) employment and career prospects and economic integration; and (B) social integration in local communities and participation in civic life, including engagement with State and local governments, schools, and private and nonprofit community institutions. (5) To improve access to workforce development programs, including by ensuring that such programs meet the demand and the unique language, training, and educational needs of immigrants and refugees. (6) To coordinate the efforts of Federal, State, and local entities to support the effective social, economic, linguistic, and civic integration of immigrants, refugees, and the children of immigrants and refugees. (7) To provide advice and leadership to the President, Members of Congress, and other Federal Government officials on the challenges and opportunities facing such entities with respect to immigrant and refugee integration. (8) To evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs. (9) To identify the anticipated effects of new Federal policies on existing integration efforts and advise the President on how to address potential integration needs and the effects of such policies. (10) With respect to immigrant and refugee integration efforts, to consult on a biannual basis with State and local government officials on challenges and opportunities presented by such efforts. (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. (12) With respect to the administration of the grant programs under title II, to consult with the applicable heads of Federal agencies. (13) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (10) through (12). (c) Director (1) In general The Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Responsibilities The Director shall— (A) establish policies, objectives, and priorities for the Office with respect to immigrant and refugee integration; (B) with the assistance of the Deputy Director for Citizenship and Inclusion, the Deputy Director for Workforce and the Economy, the Deputy Director for Children's Integration Success, and the Associate Director of State and Local Affairs, carry out the purposes of the Office, as described in subsection (b); (C) serve as the Chair of the Federal Initiative for New Americans established under section 103; (D) make recommendations to the President on changes in the organization, management, programs, and budget of the Federal agencies to promote the integration of immigrants and refugees; (E) with respect to efforts to promote United States citizenship and the integration of immigrants and refugees, consult, support, and coordinate with State and local governments; and (F) serve as a member of the Domestic Policy Council and the National Economic Council. (3) Powers of the Director In carrying out the responsibilities under paragraph (2) and the purposes under subsection (b), the Director may— (A) select, appoint, employ, and fix compensation of such officers and employees as may be necessary to carry out such responsibilities and purposes; (B) with the concurrence of the head of the applicable Federal agency, direct the temporary reassignment within the Federal Government of personnel employed by such Federal agency; (C) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies; (D) procure the services of experts and consultants, in accordance with section 3109 of title 5, United States Code (relating to appointments in the Federal service) at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable for level GS–18 of the General Schedule under section 5332 of title 5, United States Code; (E) accept and use donations of property from Federal, State, and local government agencies; (F) use the mail in the same manner as other Federal agencies; and (G) monitor the implementation of immigrant and refugee integration-related activities of the Federal Government, including by— (i) conducting program and performance audits and evaluations of each Federal agency; and (ii) requesting assistance from the Inspector General of the applicable Federal agency in such audits and evaluations. (d) Deputy Directors (1) In general There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. (2) Responsibilities (A) Deputy Director for Citizenship and Inclusion The Deputy Director for Citizenship and Inclusion shall, among other duties as assigned by the Director, assist the Director in promoting— (i) inclusion of immigrants and refugees in the social, economic, and civic life of their communities and the United States; and (ii) access to United States citizenship. (B) Deputy Director for Workforce and the Economy The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in— (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. (C) Deputy Director for Children's Integration Success The Deputy Director for Children's Integration Success shall, among other duties as assigned by the Director, assist the Director in ensuring that Federal policies and programs intended to support the healthy development and educational success of children are effective in reaching and serving the children of immigrant families. (e) Bureau of State and Local Affairs (1) In general There is established within the Office a Bureau of State and Local Affairs. (2) Associate Director (A) In general The Bureau of State and Local Affairs shall be headed by an Associate Director of State and Local Affairs, who shall be appointed by the President, in consultation with the Director. (B) Duties The Associate Director of State and Local Affairs shall, among other duties as assigned by the Director, assist the Director in coordinating the efforts of State and local entities to support the economic, linguistic, and civic integration of immigrants, refugees, and the children of immigrants and refugees. (f) Limitation An individual may not serve as Director, Deputy Director for Citizenship and Inclusion, Deputy Director for Workforce and the Economy, Deputy Director for Children's Integration Success, or Associate Director of State and Local Affairs while serving in any other position in the Federal Government. (g) Access by Congress The establishment of the Office within the Executive Office of the President shall not affect access to the Office by a Member of Congress or any member of a committee of the Senate or the House of Representatives, including access to— (1) any information, document, or study in the possession of, or conducted by or at the direction of, the Director; or (2) personnel of the Office. 103. Federal Initiative on New Americans (a) Establishment Not later than 180 days after the confirmation of the Director of the Office, the Director shall establish within the Office a Federal Initiative on New Americans (referred to in this section as the Initiative (b) Purpose The purposes of the Initiative are— (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. (c) Membership The Initiative shall be composed of— (1) the Director, who shall serve as chairperson; (2) the Secretary of the Treasury; (3) the Attorney General; (4) the Secretary of Commerce; (5) the Secretary of Labor; (6) the Secretary of Health and Human Services; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Education; (9) the Secretary of Homeland Security; (10) the Secretary of State; (11) the Director of the Office of Refugee Resettlement; (12) the Director of the Small Business Administration; (13) the Director of the Office of Management and Budget; (14) the Director of the Bureau of Consumer Financial Protection; and (15) any other individual— (A) invited by the Director to participate; and (B) who occupies a position listed under level I or II of the Executive Schedule, as provided in sections 5312 and 5313 of title 5, United States Code. (d) Duties (1) In general The Initiative shall meet at the call of the chairperson and perform such duties as the chairperson reasonably requires. (2) Coordinated response to immigrant and refugee issues The Initiative shall join with Federal agencies in providing a coordinated Federal response to adequately address matters that affect the lives of immigrant and refugee families and local communities with growing immigrant and refugee populations, including access to— (A) English language learning; (B) adult education and workforce training; (C) occupational licensure; (D) early childhood care and education; (E) elementary, secondary, and postsecondary education; (F) health care; (G) naturalization; (H) civic engagement; (I) immigration assistance and legal services; (J) economic development; (K) language access services; and (L) other services the Director identifies as aiding the integration of immigrants and refugees into the social, cultural, economic, and civic life of the United States. (3) Liaison with Federal agencies (A) In general Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. (B) Duties of a liaison The duties of each member as a Federal agency liaison include— (i) developing, for the applicable Federal agency, immigrant and refugee integration goals and indicators; (ii) implementing the biannual consultation process described in section 102(b)(10) by consulting with the State and local counterparts of the Federal agency; (iii) reporting to the Initiative on the progress made by the Federal agency in achieving the goals and indicators described in clause (i); and (iv) upon request by the Director and subject to laws governing disclosure of information, providing such information as may be required to carry out the responsibilities of the Director and the functions of the Office. (4) Recommendations of the Initiative Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 102(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. (B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals. (C) A description of the possible effects of pending legislation and executive branch policy proposals on immigrant and refugee integration. (D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy. (E) Recommendations on legislative solutions to better support the successful integration of immigrants and refugees and the children of immigrants and refugees. II Programs To promote citizenship, integration, and prosperity 201. Definitions In this title: (1) Foundation The term Foundation (2) Service area The term service area (3) State The term State 202. Sense of Congress on access to legal counsel It is the sense of Congress that— (1) immigration law is so complex that it is nearly impossible, and therefore unjust, for immigrants to navigate the immigration system without legal assistance or represent themselves in immigration court; (2) immigrants without legal counsel are far more likely, as compared to immigrants with legal counsel, to be denied immigration benefits or be deported, which may result in dire consequences, including— (A) the denial of lawful immigration status or United States citizenship; (B) loss of livelihood; (C) the separation of an immigrant from, or the inability of an immigrant to support, his or her family; (D) life-threatening danger in the country of origin of an immigrant; and (E) a long-term or permanent ban on reentering the United States; and (3) consistent with the United States values of fairness and justice and the Fifth Amendment to the Constitution of the United States, which guarantees all individuals the due process of law, any individual subject to immigration proceedings or the appeal of a proceeding before an immigration judge or the Attorney General should have the right to be represented by counsel, including Government-funded counsel, regardless of the ability of the individual to pay. 203. Legal Services and Immigration Assistance grant program (a) In general The Attorney General, acting through the Director of the Executive Office for Immigration Review, in consultation with the Director of the National Office of New Americans, shall award legal services and immigration assistance grants to eligible entities. (b) Eligibility criteria An entity eligible to receive a grant under this section is a State or unit of local government, a Tribal government, a private organization, a community-based organization, or a nonprofit organization that— (1) provides authorized direct legal assistance to immigrants; (2) in the case of an entity that has previously been awarded a grant under this section, uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received under this section; (3) provides immigration education, outreach, and quality paralegal services to immigrants, in coordination with immigration attorneys or representatives accredited by the Recognition and Accreditation Program of the Executive Office for Immigration Review; and (4) submits to the Director of the Executive Office for Immigration Review an application at such time, in such manner, and containing such information as the Director may reasonably require. (c) Use of funds (1) In general Funds awarded under this section shall be used to provide to eligible immigrants legal assistance relating to the immigration status of such immigrants, or related services, which may include— (A) outreach and education to identify and support immigrants in need of legal services; (B) liaison services to connect immigrants with trusted legal service providers, social service organizations, and government representatives; (C) screening to assess the eligibility of an immigrant for any status under the immigration laws; (D) completing applications for immigration benefits; (E) translation and interpretation services; (F) gathering documents, including documents relating to proof of identification, employment, residence, family relationships, and tax payment; (G) completing applications for any waiver under the immigration laws for which an eligible immigrant and qualifying family members may be eligible; and (H) with respect to applications relating to United States citizenship, assistance with application preparation and the naturalization process, including preparation for the English and civics exams. (2) Eligible immigrants An immigrant shall be eligible to receive the assistance described in paragraph (1) if the immigrant is seeking— (A) to become a lawful permanent resident or naturalized citizen of the United States; (B) to establish that he or she has derived or acquired United States citizenship; or (C) relief from removal and authorization to remain lawfully in the United States. (d) Conditions As a condition of receiving a grant under this section, a participating entity shall— (1) submit to the Attorney General a certification that the proposed uses of grant funds by the entity— (A) are consistent with this section; and (B) meet the criteria determined by the Attorney General, in consultation with the Director of the National Office of New Americans; and (2) make a reasonable effort to estimate the number of immigrants who live in the service area. (e) Annual report and evaluation Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Director of the Executive Office for Immigration Review the following: (1) A report that describes— (A) each activity carried out by the entity funded entirely or partially by the grant funds; (B) the service area; (C) the estimate made under subsection (d)(2); (D) the number of immigrants who received legal assistance funded entirely or partially by the grant funds; (E) a disaggregation of the costs of each service provided using the grant funds and the average per capita cost of providing the service; and (F) the primary languages spoken in the service area. (2) An evaluation of any program of the entity for which grant funds were used, including— (A) an assessment of the effectiveness of the program; (B) recommendations for improving the program; (C) an assessment of whether the legal services needs of the service area have been met; and (D) in the case of an assessment under subparagraph (C) that such needs have not been met, a description of the additional assistance required to meet such needs. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2024 through 2025. (g) Definitions In this section: (1) Service area The term service area (2) State The term State 204. English as a Gateway to Integration grant program (a) Authorization The Assistant Secretary for Career, Technical, and Adult Education at the Department of Education and the Assistant Secretary for the Administration for Children and Families at the Department of Health and Human Services (referred to in this section as the Assistant Secretaries (b) Eligibility An entity eligible to receive a grant under this section is a State or unit of local government, a Tribal government, a private organization, an educational institution, a community-based organization, or a nonprofit organization that— (1) in the case of any applicant that has previously received a grant under this section, uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the English as a Gateway to Integration program to carry out such program; (2) submits to the Assistant Secretaries an application at such time, in such manner, and containing such information as the Assistant Secretaries may reasonably require, including— (A) a description of the target population to be served, including demographics, literacy levels, integration needs, and English language levels of the target population; and (B) the assessment and performance measures that the grant recipient plans to use to evaluate the integration and English language learning progress of students and overall success of the instruction and program; (3) demonstrates collaboration with public and private entities to provide the instruction and assistance described in subsection (c)(1); (4) provides integration-focused English language programs that— (A) teach integration and English language skills to— (i) lower-educated individuals; (ii) limited English proficient (LEP) individuals; and (iii) parents and others who are caretakers of young children; (B) support and promote the social, economic, and civic integration of adult English language learners and their families; and (C) equip adult English language learners for ongoing independent study and learning beyond classroom or formal instruction; and (5) (A) is located in 1 of the 10 States with the highest rate of foreign-born residents; or (B) is located in an area that has experienced a large increase in the population of immigrants during the most recent 10-year period relative to past migration patterns, based on data compiled by the Office of Immigration Statistics or the United States Census Bureau. (c) Use of funds (1) In general Funds awarded under this section shall be used to provide English language and integration knowledge and skill instruction along with student guidance and navigation services to learners. Such instruction shall advance the integration of students in order to help them— (A) build their knowledge of United States history and civics; (B) prepare for United States citizenship and the naturalization process; (C) gain digital literacy; (D) understand and support children’s success within the early childhood, K–12, and postsecondary education systems; (E) gain financial literacy; (F) build an understanding of the housing market and systems in the United States; (G) learn about and access the United States, State, and local health care systems; (H) prepare for a high school equivalency diploma or postsecondary training or education; and (I) prepare for and secure employment. (2) Design of program Funds awarded under this section shall be used to support program designs that may include the following elements: (A) English language and integration knowledge and skill instruction in a classroom setting, along with associated guidance and navigation supports provided that such setting is in a geographic location accessible to the population served. (B) English language and integration knowledge and skill instruction programs that may incorporate online and digital components, such as the use of mobile phones, computers, and blended or distance learning platforms. (C) Educational support and specialized instruction for adult English language learners with low levels of literacy in their first language. (D) Two-generation approaches designed to support children’s school success and lift family integration trajectories. (d) Certification In order to receive a payment under this section, a participating entity shall submit to the Assistant Secretaries a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretaries. (e) Annual report and evaluation Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretaries the following: (1) A report that describes— (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the service area; (C) the number of immigrants in the service area; (D) the primary languages spoken in the service area; (E) the number of adult English language learners receiving assistance that was funded entirely or partially by grant funds received by the entity under this section; and (F) a breakdown of the costs of the program services provided and the average per capita cost of providing such instruction. (2) An evaluation of any program of the entity using grant funds under this section, including— (A) an assessment of— (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the English language and integration knowledge and skill instruction needs of the service area have been met; (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs; and (C) the results of any assessment or evaluation of progress or success described in subsection (b)(2)(B). (f) Definitions In this section: (1) Adult English language learner The term adult English language learner (2) English language learner; limited English proficient The terms English language learner limited English proficient (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2024 through 2025. 205. Workforce Development and Shared Prosperity grant program (a) Declaration of policy It is the policy of the United States— (1) that adults shall have equitable access to education and workforce programs that— (A) help them learn basic skills in reading, writing, mathematics, and the English language; and (B) equip them with occupational skills needed to secure or advance in employment, fill employer needs, and support themselves and their families; (2) to strengthen the economy by helping adults with limited skills to attain recognized postsecondary credentials (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (3) that workforce programs for adults with limited skills use a pre-apprenticeship or integrated education and training approach that allows adults to acquire basic skills while pursuing occupational or industry-specific training. (b) Authorization The Assistant Secretary for Career, Technical, and Adult Education at the Department of Education and the Assistant Secretary for Employment and Training at the Department of Labor (referred to in this section as the Assistant Secretaries (c) Qualifying entities Qualifying entities under this section may include— (1) an educational institution; (2) a private organization; (3) a community-based organization; or (4) a nonprofit organization. (d) Eligibility A State, local, or Tribal government or qualifying entity in collaboration with a State, local, or Tribal government is eligible to receive a grant under this section provided that the State, local, or Tribal government or entity— (1) supports and promotes the economic integration of immigrants; (2) has expertise in workforce development and adult education for the purpose of developing and implementing pre-apprenticeship programs or integrated education and training programs; (3) in carrying out the grant program, includes at least one entity— (A) with expertise in providing training in a workforce sector in which immigrant workers are heavily represented or in which there is a demonstrated need for immigrant workers to fill jobs; and (B) with expertise in providing adult basic education services to immigrants; (4) uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the Workforce Development and Shared Prosperity grants program to carry out such program; and (5) submits to the Assistant Secretaries an application at such time, in such manner, and containing such information as the Assistant Secretaries may reasonably require, including— (A) a description of the target population to be served, including demographics, and English proficiency, educational, and skill levels of the target population; (B) the specific integrated education and training model to be implemented; (C) how the program will be designed and implemented by educators with expertise in adult education, English language instruction and occupational skills training; (D) the occupation or industry for which the program will prepare students for employment and the education and training progress or employer-recognized credentials the program is designed to support participants in achieving; (E) evidence of employer demand for the skills or occupational training offered by the grant program; (F) how the program will provide student support services including guidance counseling in order to promote student success; and (G) the assessment and performance measures that the grant recipient plans to use to evaluate— (i) the progress of adult learners in acquiring basic skills such as reading, writing, mathematics, and the English language; and (ii) the success of the grant program in preparing students for employment and in helping them find employment or advance in employment. (e) Certification In order to receive a payment under this section, a participating entity shall submit to the Assistant Secretaries a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretaries in consultation with the Director of the National Office of New Americans. (f) Annual report and evaluation Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretaries the following: (1) A report that describes— (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the service area; (C) the number of immigrants in the service area; (D) the primary languages spoken in the service area; and (E) a breakdown of the costs of each of the services provided and the average per capita cost of providing such services. (2) An evaluation of any program of the entity using grant funds under this section, including— (A) an assessment of— (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the adult education and workforce development needs of the service area have been met and if not, what further assistance is required to meet such need; (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs; and (C) the results of any assessment or evaluation of progress or success described in subsection (d)(5)(G). (g) Definitions In this section: (1) Adult education The term adult education (2) Integrated education and training The term integrated education and training (3) Pre-apprenticeship program The term pre-apprenticeship program (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2024 through 2025. 206. Department of Homeland Security grants (a) Consideration of grant recipients With respect to grants administered and awarded to public or private nonprofit organizations by the Secretary of Homeland Security, unless otherwise required by law, in making determinations about such grants, the Secretary shall not consider enrollment in or use by such organizations of the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (b) Authorization of appropriations There is authorized to be appropriated $25,000,000 to the Secretary of Homeland Security for the Citizenship and Integration Grant Program of U.S. Citizenship and Immigration Services to award grants to public or private nonprofit organizations. 207. United States Citizenship and Integration Foundation (a) Establishment The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services and in coordination with the Director of the National Office of New Americans, shall establish a nonprofit corporation or a not-for-profit, public benefit, or similar entity, which shall be known as the United States Citizenship and Integration Foundation (b) Purposes The purposes of the Foundation shall be— (1) to spur innovation in the promotion and expansion of citizenship preparation programs for individuals lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (2) to evaluate and identify best practices in citizenship promotion and preparation and to make recommendations to the Director of U.S. Citizenship and Immigration Services and the Director of the National Office for New Americans about how to bring such best practices to scale; (3) to support direct assistance for immigrants seeking lawful permanent resident status (within the meaning of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (4) to support immigrant integration efforts in partnership with State and local entities. (c) Gifts to Foundation To carry out the purposes described in subsection (b), the Foundation may— (1) solicit, accept, and make gifts of money and other property, in accordance with section 501(c)(3) (2) engage in coordinated work with the Department of Homeland Security, including U.S. Citizenship and Immigration Services, and the National Office of New Americans; and (3) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation. (d) Activities The Foundation shall carry out the purposes described in subsection (b) by— (1) making United States citizenship instruction and naturalization application services accessible to low-income and other underserved lawful permanent resident populations; (2) developing, identifying, and sharing best practices in United States citizenship promotion and preparation; (3) supporting innovative and creative solutions to barriers faced by individuals seeking— (A) to become naturalized citizens of the United States; or (B) to obtain certificates of citizenship; (4) increasing the use of, and access to, technology in United States citizenship preparation programs; (5) engaging communities in the process of United States citizenship and civic integration; (6) fostering public education and awareness; (7) coordinating the immigrant integration efforts of the Foundation with the integration efforts of U.S. Citizenship and Immigration Services and the National Office of New Americans; and (8) awarding grants to State and local governments consistent with such purposes. (e) Council of directors To the extent consistent with section 501(c)(3) Council (1) the Director of U.S. Citizenship and Immigration Services; (2) the Director of the National Office of New Americans; (3) the head of the Domestic Policy Council; and (4) 10 individuals from national private and public nonprofit organizations that promote and assist lawful permanent residents with naturalization. (f) Executive Director (1) In general The Council shall appoint an Executive Director of the Foundation, who shall oversee the daily operations of the Foundation. (2) Powers The Executive Director shall carry out the purposes described in subsection (b) on behalf of the Foundation by— (A) accepting, holding, administering, investing, and spending any gift, devise, or bequest of real or personal property made to the Foundation; (B) entering into contracts and other financial assistance agreements with individuals, public and private organizations, professional societies, and government agencies to carry out the activities of the Foundation; (C) entering into such other contracts, leases, cooperative agreements, and other transactions as the Executive Director considers appropriate to carry out the activities of the Foundation; and (D) charging such fees for professional services provided by the Foundation as the Executive Director considers reasonable and appropriate. (g) Deadline The Secretary of Homeland Security shall ensure that the Foundation is established and operational not later than 1 year after the date of the enactment of this Act. 208. Pilot program to promote immigrant integration at State and local levels (a) Grants authorized The Director of the National Office of New Americans (referred to in this section as the Director (1) to establish new immigrant councils to carry out programs to integrate new immigrants; and (2) to carry out programs to integrate new immigrants. (b) Application To be considered for a grant under this section, a State, local, or Tribal government may submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including— (1) a proposal to carry out 1 or more activities described in subsection (c); (2) the number of new immigrants who live in the jurisdiction of the applicant; and (3) a description of the challenges presented by introducing and integrating new immigrants into the State, local, or Tribal community, as applicable. (c) Activities A grant awarded under this section may be used— (1) to form a new immigrant council, which shall— (A) consist of not fewer than 15 and not more than 19 representatives of the State, local, or Tribal government, as applicable; (B) include, to the extent practicable, representatives from— (i) the business community; (ii) faith-based organizations; (iii) civic organizations; (iv) philanthropic organizations; (v) nonprofit organizations, including nonprofit organizations with legal and advocacy experience working with immigrant communities; (vi) key education stakeholders, such as State educational agencies, local educational agencies, community colleges, and teachers; (vii) State, local, or Tribal economic development agencies; (viii) State, local, or Tribal health and human services agencies; (ix) State, local, or Tribal early childhood coordinating councils; and (x) State, local, or Tribal public libraries; and (C) meet not less frequently than once each quarter; (2) to provide subgrants to local communities, units of local government, Tribal governments, and nonprofit organizations (including veterans and civic organizations); (3) to develop, implement, expand, or enhance a comprehensive plan to introduce and integrate new immigrants into the applicable State by— (A) supporting English language and integration knowledge and skills development; (B) engaging with immigrant parents and other primary caretakers to support the healthy development, kindergarten readiness, and education success of children; (C) improving and expanding access to workforce training programs; (D) teaching United States history, civics, and citizenship rights and responsibilities; (E) improving financial literacy; and (F) focusing on other key areas of importance with respect to integration into the social, cultural, economic, and civic life of the United States; and (4) to engage receiving communities in the citizenship and civic integration process by— (A) increasing local service capacity; (B) building meaningful connections between newer immigrants and long-time residents; (C) publicizing the contributions of receiving communities and new immigrants; and (D) engaging leaders from all sectors of receiving communities. (d) Reporting and evaluation (1) Annual report Not later than 90 days after the end of each fiscal year for which an entity receives a grant under this section, the entity shall submit to the Director an annual report that describes— (A) each activity carried out by the grant recipient using grant funds; (B) the service; (C) the number of new immigrants in the service area; and (D) the primary languages spoken in the service area. (2) Annual evaluation Not later than 90 days after the end of each fiscal year for which an entity receives a grant under this section, the Director shall conduct an annual evaluation of the grant program established under this section— (A) to assess and improve the effectiveness of the grant program; (B) to assess the future needs of— (i) new immigrants; and (ii) with respect to immigrant integration, State, local, and Tribal governments; and (C) to ensure that grant recipients and subgrantees use grant funds in accordance with this section. 209. Authorization of appropriations for Foundation and pilot program There are authorized to be appropriated for the first 2 fiscal years after the date of the enactment of this Act such sums as may be necessary to establish the Foundation and the pilot program described in section 208. Such amounts may be invested and any amounts resulting from such investments shall remain available for the operations of the Foundation and such pilot program without further appropriation. III Reducing barriers to citizenship 301. Sense of Congress It is the sense of Congress that— (1) the naturalization of immigrants— (A) brings civic, economic, and social benefits to the United States; (B) enhances the richness and diversity of the United States; and (C) strengthens the United States; (2) millions of immigrants are eligible for naturalization but cannot access citizenship due a variety of reasons, including cost barriers, language access, and a lack of legal services and information; (3) the inability of millions of eligible immigrants to become citizens of the United States deprives the United States and the people of the United States of civic, economic, and social benefits; and (4) consistent with the process for naturalization established by the Constitution of the United States, codified by statute, and strengthened by regulations, the Federal Government, in coordination with State and local governments, community-based organizations, and other stakeholders, should establish policies and programs to encourage eligible immigrants to apply for naturalization and to facilitate the naturalization process, with the objective of helping 2,000,000 new Americans naturalize by the end of 2024. 302. Immigration service fees (a) In general Section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) (m) Immigration service fees (1) In general Except as provided in paragraph (2), all fees designated by the Secretary of Homeland Security in regulations as immigration adjudication fees Immigration Examinations Fee Account (2) Guam and Virgin Islands (A) Guam All fees described in paragraph (1) that are received by the Secretary of Homeland Security from applicants residing in Guam shall be remitted to the Department of Revenue and Taxation of Guam. (B) Virgin Islands All fees described in paragraph (1) that are received by the Secretary of Homeland Security from applicants residing in the United States Virgin Islands shall be remitted to the Treasury Division of the United States Virgin Islands. (C) Restrictions All fees remitted pursuant to subparagraph (A) or (B) may not be expended for costs associated with— (i) the civil revocation of naturalization; (ii) Operation Second Look; (iii) Operation Janus; (iv) any activities or operations conducted by U.S. Immigration and Customs Enforcement (including Homeland Security Investigations) or U.S. Customs and Border Protection; or (v) any other activity or operation that is not directly related to immigration adjudications. (3) Fees for adjudication and naturalization services (A) In general Subject to subparagraph (B), the Secretary of Homeland Security may set fees for providing adjudication and naturalization services at a level that will— (i) ensure recovery of the full costs of providing such services, or a portion of such services, including the costs of naturalization and similar services provided without charge to asylum applicants or other immigrants; and (ii) recover the full cost of administering the collection of fees under this paragraph, or a portion of such administrative costs. (B) Report requirement before fee increase The Secretary of Homeland Security may not increase any fee under this paragraph above the level of such fee as of January 1, 2019, before the date that is 60 days after the date on which the Secretary submits a report to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (i) identifies the direct and indirect costs associated with providing adjudication and naturalization services; (ii) distinguishes the costs referred to in clause (i) from immigration enforcement and national security costs; (iii) identifies the costs allocated for premium processing services to business customers, as prescribed under subsection (u); (iv) describes the extent to which the fee prescribed in subsection (u) is set at a level that ensures full recovery of the costs referred to in clause (iii); (v) identifies the amount of funding that is being allocated for the infrastructure improvements in the adjudications and customer-service processes prescribed under subsection (u); and (vi) contains information regarding the amount by which such fee will be increased. (C) Adjudications delay and backlog report The Secretary of Homeland Security shall submit a quarterly report to the congressional committees referred to in subparagraph (B) that identifies each instance in which— (i) the processing time of more than 10 percent of adjudications in any single category of immigration benefits surpasses the agency’s stated processing goal as of January 1, 2019; (ii) the processing time of more than 5 percent of applications for legal permanent residence surpasses 150 days; and (iii) the processing time of more than 5 percent of applications for naturalization surpasses 150 days. (4) Fee waivers for adjudication and naturalization services (A) No fee Except as provided in subparagraph (E), if an alien's income is less than 150 percent of the Federal poverty line, no fee shall be charged or collected for— (i) an application, petition, appeal, motion, or other service described in this subsection; or (ii) the biometrics capture or background check associated with the items described in clause (i). (B) Reduced fee If an alien's income is less than 250 percent of the Federal poverty line, not more than 50 percent of the applicable fee shall be charged or collected for an application, petition, appeal, motion, or service described in this subsection. (C) Special circumstances If an alien is under financial hardship due to extraordinary expenses or other circumstances affecting his or her financial situation to the degree that he or she is unable to pay a fee, no fee shall be charged or collected for— (i) an application, petition, appeal, motion, or other service described in this subsection; or (ii) the biometrics capture or background check associated with the items described in clause (i). (D) No fee charged for waiver request No fee shall be charged for a fee waiver or reduction request described in subparagraph (A), (B), or (C). (E) No waiver for certain fees The fee for employment-based petitions and applications prescribed under subsection (u) may not be waived. (F) Means-tested benefits The Secretary of Homeland Security shall consider the receipt of means-tested benefits as a criterion for the purpose of demonstrating eligibility for a fee waiver or reduction under subparagraph (A), (B), or (C). (G) Application for fee waiver An alien requesting a waiver or reduction of fees under subparagraph (A), (B), or (C) may submit— (i) a completed form, as prescribed by the Secretary; or (ii) an applicant-generated, written request for permission to have their immigration benefit request processed without payment of the required fee. (H) Federal poverty line defined In this paragraph, the term Federal poverty line poverty line 42 U.S.C. 9902(2) . (b) Sense of Congress It is the sense of Congress that— (1) the Secretary of Homeland Security should set fees under section 286(m)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m)(3) (2) Congress should appropriate to the Secretary of Homeland Security such funds as may be necessary to pay for— (A) the indirect costs associated with the services described in such section; (B) the adjudication of refugee and asylum processing; (C) the costs of administering the Systematic Alien Verification for Entitlements Program (commonly known as SAVE (D) the adjudication of naturalization applications not covered in full by the fees paid by applicants; (E) the reduction or elimination of fees granted to fee waiver applicants; and (F) grants to public and private nonprofit organizations for the purposes of citizenship and training. (c) Technical amendment Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 (1) in subsections (a) and (b), by striking Service Department of Homeland Security (2) in subsections (d), (e), (f), (h), (i), (j), (k), (l), (n), (o), (q), (t), and (u), by striking Attorney General Secretary of Homeland Security (3) in subsection (k), (l), and (t), by striking Immigration and Naturalization Service Department of Homeland Security (4) in subsection (r)— (A) in paragraph (2), by striking Department of Justice Department of Homeland Security (B) in paragraphs (3) and (4), by striking Attorney General Secretary of Homeland Security 303. Waiver of English requirement for senior new Americans Section 312 of the Immigration and Nationality Act ( 8 U.S.C. 1423 (b) The requirements under subsection (a) shall not apply to any person who— (1) is unable to comply with such requirements because of physical or mental disability, including developmental or intellectual disability; or (2) on the date on which the person’s application for naturalization is filed under section 334— (A) is older than 65 years of age; and (B) has been living in the United States for periods totaling at least 5 years after being lawfully admitted for permanent residence. (c) The requirement under subsection (a)(1) shall not apply to any person who, on the date on which the person’s application for naturalization is filed under section 334— (1) is older than 50 years of age and has been living in the United States for periods totaling at least 20 years after being lawfully admitted for permanent residence; (2) is older than 55 years of age and has been living in the United States for periods totaling at least 15 years after being lawfully admitted for permanent residence; or (3) is older than 60 years of age and has been living in the United States for periods totaling at least 10 years after being lawfully admitted for permanent residence. (d) The Secretary of Homeland Security may waive, on a case-by-case basis, the requirement under subsection (a)(2) on behalf of any person who, on the date on which the person’s application for naturalization is filed under section 334— (1) is older than 60 years of age; and (2) has been living in the United States for periods totaling at least 10 years after being lawfully admitted for permanent residence. . 304. Reduce financial obstacles to naturalization Section 316 of the Immigration and Nationality Act ( 8 U.S.C. 1427 (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) The Secretary of Homeland Security shall impose a fee in an amount not to exceed $50 for the consideration of an application for naturalization. Nothing in this subsection may be construed to limit the authority of the Secretary to set adjudication fees for other benefit applications other than naturalization in accordance with section 286(m). . 305. Naturalization for certain United States high school graduates (a) In general Title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. 321. Citizenship for certain United States high school graduates (a) Requirements deemed satisfied An alien described in subsection (b) shall be deemed to have satisfied the requirements under section 312(a). (b) Aliens described An alien is described in this subsection if the alien submits an application for naturalization under section 334 that contains— (1) transcripts from public or private schools in the United States demonstrating that the alien completed— (A) grades 9 through 12 in the United States and was graduated with a high school diploma; and (B) a curriculum that reflects knowledge of United States history, government, and civics; and (2) a copy of the alien’s high school diploma. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Sec. 321. Citizenship for certain United States high school graduates. . (c) Applicability The amendments made by this section— (1) shall take effect on the date of the enactment of this Act; and (2) shall apply to applicants for naturalization who apply for naturalization on or after such date. (d) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendment made by subsection (a). 306. Family integration Section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) 21 years of age 18 years of age 307. Revision of grounds for deportation Section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) 308. Waiver to ensure access to citizenship The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (1) in section 212 ( 8 U.S.C. 1182 (A) in subsection (a)(6)(C)— (i) in clause (ii)— (I) by inserting and willfully falsely (II) in subclause (I), by striking or any other Federal or State law (ii) by striking clause (iii); and (B) in subsection (i), by amending paragraph (1) to read as follows: (1) The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (a)(6)(C)(ii) with respect to an immigrant who is the parent, spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, or with respect to an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A), if the Attorney General or the Secretary determines that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States. ; and (2) in section 237(a)(3)(D) ( 8 U.S.C. 1227(a)(3)(D) and willfully falsely 309. Naturalization ceremonies (a) In general The Chief of the Office of Citizenship of the External Affairs Directorate of U.S. Citizenship and Immigration Services, in consultation with the Deputy Director for Citizenship and Inclusion of the National Office of New Americans, the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal officials, shall develop and implement a strategy to enhance the public awareness of naturalization ceremonies. (b) Venues In developing a strategy under subsection (a), the Chief and the Deputy Director shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies. (c) Reporting requirement The Secretary shall annually submit a report to Congress that describes— (1) the content of the strategy developed under subsection (a); and (2) the progress made towards the implementation of such strategy. 310. Proud to Be a United States Citizen Program (a) Establishment Not later than January 1, 2024, the Secretary of Homeland Security shall establish the Proud to Be a United States Citizen Program Program (b) Outreach activities In carrying out the Program, the Secretary shall— (1) develop outreach materials targeted to noncitizens who have been lawfully admitted for permanent residence to encourage such aliens to apply to become citizens of the United States; (2) disseminate the outreach materials developed pursuant to paragraph (1) through public service announcements, advertisements, and such other media as the Secretary determines is appropriate; (3) conduct outreach activities targeted to noncitizens believed to be eligible to apply for naturalization through communications by text, email, and the United States postal service, including— (A) notifying individuals of their possible eligibility to apply for naturalization; (B) informing such individuals about the requirements and benefits of United States citizenship; (C) providing such individuals with partially completed naturalization applications, using available data about such individuals and instructions about how to complete the application; and (D) providing such individuals with information about where to get free or low-cost assistance to apply for naturalization and to prepare for the required English and civics exams. 311. Mission of U.S. Citizenship and Immigration Services Section 451 of the Homeland Security Act of 2002 ( 6 U.S.C. 271 (1) by striking Bureau of U.S. (2) in subsection (a)— (A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively; and (B) by inserting after paragraph (1) the following: (2) Mission statement The mission of U.S. Citizenship and Immigration Services is to secure America’s promise as a Nation that welcomes immigrants and refugees by— (A) providing accurate and useful information to its customers; (B) granting humanitarian, immigration, and citizenship benefits; (C) promoting an awareness and understanding of citizenship; and (D) ensuring the integrity of the United States immigration system. . 312. Automatic registration of eligible individuals (a) Definitions In this section and section 313: (1) Automatic registration system The term automatic registration system (A) except as provided in subparagraph (B), registers all newly naturalized individuals to vote in elections for Federal office conducted in such State by transferring the information necessary for voter registration from the Department of Homeland Security to the State voter registration database; and (B) excludes from registration— (i) any individual who affirmatively declines to be registered; and (ii) any individual who is determined to be ineligible for registration. (2) Newly naturalized citizen The term newly naturalized citizen (A) has an approved application for naturalization as a United States citizen; (B) has taken the oath described in section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 (C) has received a certificate of naturalization under section 338 of such Act ( 8 U.S.C. 1449 (3) Secretary The term Secretary (b) Automatic registration system for the newly naturalized (1) In general The chief election official of each State shall establish and operate an automatic registration system for newly naturalized citizens to vote in elections for Federal office conducted in the State, in accordance with this section. (2) Use of Department of Homeland Security records The chief election official of each State shall— (A) upon receiving information from the Secretary about a newly naturalized citizen who has not declined voter registration— (i) ensure that such individual fulfills any local or State qualifications to register to vote relating to legal competency and past criminal convictions; and (ii) determine whether such individual is subject to privacy protections for victims of domestic violence or people with sensitive or high-profile professions; (B) not later than 15 days after receiving information from the Secretary about an individual pursuant to section 313, ensure that the individual is registered to vote in elections for Federal office conducted in the State unless the individual is disqualified from voting by reason of incompetency or past criminal conviction; (C) not later than 45 days after receiving information from the Secretary about an individual pursuant to section 313, send written notice to the individual, in addition to other means of notice established under this section, of the individual’s voter registration status; and (D) exclude from all public availability or disclosure the voter registration records of any newly naturalized citizens who are protected by applicable State or local laws that prevent publication of the home address and other personally identifying information about victims of domestic violence and people with sensitive or high-profile professions. (c) Contents of written notice to newly registered voters The written notice required under subsection (b)(2)(C) shall— (1) indicate the individual has been registered to vote; (2) describe the substantive qualifications of an elector in the State, as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508 (3) set forth the consequences for false registration; (4) instruct the individual to cancel his or her voter registration if he or she does not meet all of the qualifications referred to in paragraph (2); and (5) providing instructions for— (A) cancelling voter registration, if necessary pursuant to paragraph (4); and (B) correcting any erroneous information in the individual’s voter registration record. (d) Treatment of individuals younger than 18 years of age A State may not refuse to register a newly naturalized citizen under this section on the grounds that the individual is younger than 18 years of age on the date on which the Secretary receives information with respect to the individual if the individual is at least 16 years of age on such date. 313. Department of Homeland Security assistance in registration (a) In general The Secretary shall— (1) assist the chief election official of each State to carry out the functions set forth in section 312(b) in accordance with this section; and (2) provide each individual approved for naturalization with a document that— (A) informs the individual of— (i) the substantive qualifications of an elector in the State, as set forth in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508 (ii) the consequences of false voter registration; (B) instructs the individual to decline to register to vote if the individual does not meet all of the qualifications referred to in subparagraph (A)(i); (C) informs the individual that— (i) voter registration is voluntary; and (ii) registering to voter or declining to register to vote— (I) will not affect the individual’s citizenship status; (II) will not affect the availability of services or benefits to which the individual is entitled; and (III) will not be used for other purposes; (D) informs the individual that affiliation or enrollment with a political party may be required to participate in an election to select the party’s candidate in an election for Federal office; (E) provides any individual who accepts voter registration the option of affiliating or enrolling with a political party; (F) informs the individual that he or she will not be registered to vote if he or she— (i) signs the document; (ii) does not take the oath of allegiance to the United States required for naturalization under section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 (iii) is not issued a certificate of naturalization; (G) instructs any individual who accepts voter registration to provide his or her residential address or coordinates if different from his or her mailing address on file with U.S. Citizenship and Immigration Services; (H) directs individuals to— (i) sign in a designated space to decline voter registration; or (ii) sign in a different designated space to attest that the individual— (I) affirms that information provided on the document is true and complete to the best of the individual’s knowledge; (II) will fulfill nationally applicable age, citizenship, and residency requirements to vote upon the individual’s naturalization; and (III) accepts voter registration if determined by State election officials to be eligible to register in the individual’s State and municipality of residence; and (I) provides a phone number and other widely accessible means of contacting U.S. Citizenship and Immigration Services with questions about, or for assistance with, completing sections of the document concerning automatic voter registration, as set forth in subsection (d). (b) Instructions on automatic registration The Secretary shall require each individual approved for naturalization to sign and submit to the Secretary the document received pursuant to subsection (a)(2) at the time he or she takes the oath described in section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 (c) Information submission Not later than 15 days after a newly naturalized citizen submits a signed document to the Secretary in accordance with subsection (b), unless the individual declines to be registered to vote when signing the document, the Secretary shall submit to the appropriate State election official, in a format compatible with the statewide voter database maintained under section 303 of the Help America Vote Act of 2002 ( 52 U.S.C. 21083 (1) the individual’s given names and surnames; (2) the individual’s date of birth; (3) the individual’s residential address or coordinates; (4) confirmation that the individual is a citizen of the United States; (5) the date on which the individual was sworn in as a United States citizen; (6) the individual’s signature in electronic form, if available; and (7) information regarding the individual’s affiliation or enrollment with a political party, if the individual provides such information. (d) Registration assistance The Secretary shall— (1) publish information about, and instructions for, accepting or declining automatic voter registration for newly naturalized citizens— (A) on the U.S. Citizenship and Immigration Services website; and (B) in materials routinely provided to approved applicants for United States citizenship; and (2) create a telephonic hotline staffed by live operators to provide assistance with registration to approved applicants for United States citizenship. 314. Voter protection and security in automatic registration (a) Protections for errors in registration An individual may not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on the ground that the individual— (1) is not eligible to vote in elections for Federal office, but— (A) was automatically registered to vote under this title; or (B) was automatically registered to vote under this title and subsequently voted without willful intent to do so unlawfully; (2) was automatically registered to vote under this title at an incorrect address; or (3) declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration, under this title. (b) Limits on use of automatic registration The automatic registration of any individual, an individual’s declination to register to vote, or an individual’s failure to make an affirmation of citizenship under this title may not be used as evidence against that individual in any State or Federal law enforcement proceeding. An individual’s lack of knowledge or willfulness of such registration may be conclusively demonstrated by the individual’s testimony. (c) Contributing agencies’ protection of information Nothing in this title may be construed to authorize the Department of Homeland Security to collect, retain, transmit, or publicly disclose, except to State election officials, as authorized under this title— (1) an individual’s decision to decline to register to vote or to not register to vote; (2) an individual’s decision to not affirm his or her citizenship; or (3) any information that a contributing agency transmits pursuant to section 313(c), except in pursuing the agency’s ordinary course of business. (d) Public disclosure prohibited State election officials may not publicly disclose, with respect to any individual for whom any a State election official receives information from the Department of Homeland Security— (1) any information that is not necessary to voter registration; (2) any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a) (3) any portion of the individual’s Social Security number; (4) any portion of the individual’s motor vehicle driver’s license number; (5) the individual’s signature; (6) the individual’s telephone number; or (7) the individual’s email address. 315. Effective date Sections 312, 313, and 314 shall take effect on January 1, 2024. IV Refugee resettlement and integration 401. Definition of Secretary In this title, the term Secretary 402. Minimum number of refugees to be admitted Section 207(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1157(a)(2) as the President determines (except that in any fiscal year after fiscal year 2018, such number may not be less than 125,000) 403. Pre-arrival English language and work orientation training for approved refugee applicants (a) In general The Secretary shall establish overseas refugee training programs to offer to refugees described in subsection (b) optional English-as-a-second-language and work orientation training before departure for the United States. (b) Refugees described Refugees described in this subsection are refugees who have been— (1) approved for admission to the United States; (2) conditionally approved for admission to the United States; or (3) selected at the discretion of the U.S. Refugee Admission Program. (c) Design and implementation In designing and implementing the programs referred to in subsection (a), the Secretary shall consult with or enter into a contract with 1 or more nongovernmental or international organizations that has— (1) direct affiliation with the United States refugee resettlement program; and (2) appropriate expertise in developing curriculum and teaching English as a second language. (d) Impact on processing times The Secretary shall ensure that training programs under this section— (1) are offered to refugees as strictly optional; (2) occur within applicable processing times; and (3) do not delay or prevent the departure for the United States of any refugee who has been approved for admission to the United States. (e) Timeline for implementation (1) Initial implementation Not later than 1 year after the date of the enactment of this Act, the Secretary shall ensure that training programs under this section are fully and consistently operational in not fewer than 3 refugee processing regions. (2) Additional implementation Not later than 2 years after the date of the enactment of this Act, the Secretary shall notify the appropriate committees of Congress that such training programs are fully and consistently operational in not fewer than 5 refugee processing regions. (f) GAO study and report (1) Study The Comptroller General of the United States shall conduct a study on the implementation of this section that includes— (A) an assessment of— (i) the quality of English-as-a-second-language curricula and instruction; and (ii) the benefits to refugees of the work orientation and English-as-a-second-language training programs; and (B) recommendations on whether such programs should be continued, broadened, or modified. (2) Report Not later than 4 years after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the findings of the study under paragraph (1). (g) Rule of construction Nothing in this section shall be construed to require a refugee to participate in a training program under this section as a precondition for the admission of the refugee to the United States. 404. Update of reception and placement grants Beginning in fiscal year 2023, in setting the amount of reception and placement grants for refugees, the Secretary shall ensure that— (1) the grant amount is adjusted to an amount that is adequate to provide for the anticipated initial resettlement needs of refugees and includes adjustments for inflation and the cost of living; (2) the administrative portion of such grants provided at the beginning of the fiscal year to each national resettlement agency is sufficient to ensure adequate local and national capacity to serve the initial resettlement needs of the number of refugees the Secretary anticipates the agency will resettle during the fiscal year; and (3) additional amounts are provided to each national resettlement agency promptly upon the arrival of refugees that, exclusive of the amounts provided pursuant to paragraph (2), are sufficient to meet the anticipated initial resettlement needs of such refugees and support local and national operational costs in excess of the amount described in paragraph (1). 405. Case management grant program (a) Establishment The Director of the Office of Refugee Resettlement shall make grants to national resettlement agencies to operate a case management system for the purpose of offering case management to qualified individuals to assist in accessing any service, benefit, or assistance for which qualified individuals are eligible provided by— (1) the Office of Refugee Resettlement; (2) any other Federal, State, or local agency; and (3) a private entity or a nonprofit organization. (b) Period of qualification (1) In general Except as provided in paragraph (2), a qualified individual may receive case management services under this section during the period beginning on the date on which the qualified individual was determined to be eligible for resettlement, acculturation, or subsistence services provided by the Office of Refugee Resettlement and ending on the date that is 1 year after the date on which the qualified individual ceases to be so eligible. (2) Exceptional circumstances (A) In general Notwithstanding paragraph (1), an individual described in subparagraph (B) may receive such case management services during the period beginning on the date on which such individual was determined to be eligible for resettlement, acculturation, or subsistence services provided by the Office of Refugee Resettlement and ending on the date that is 3 years after the date on which such individual ceases to be so eligible. (B) Exceptional circumstances An individual described in this subparagraph is a qualified individual who— (i) is 65 years of age or older; (ii) has extraordinary resettlement or acculturation needs that impede the ability of the individual to achieve durable self-sufficiency; (iii) is a refugee resettled from a situation of protracted displacement; (iv) is a member of a family caring for an unattached refugee minor; or (v) on the date on which the individual was admitted to the United States— (I) had a disability or serious medical condition; (II) had a mental health condition; (III) was part of a household headed by a single parent; or (IV) was a victim of a severe form of violence. (c) Savings clause Nothing in this section shall be construed as affecting the authority of the Director of the Office of Refugee Resettlement under section 412(e)(7)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1522(e)(7)(A) (d) Definitions In this section: (1) Qualified individual The term qualified individual (2) Resettlement, acculturation, or subsistence services The term resettlement, acculturation, or subsistence services 8 U.S.C. 1101(a) 406. Increase in cash payments (a) In general Section 412 of the Immigration and Nationality Act ( 8 U.S.C. 1522 (1) in subsection (a)— (A) in paragraph (1), by adding at the end the following: (C) Subject to the availability of funds, assistance and social services for employment and health and living expenses under this section shall be available to refugees for a period of not less than 1 year. ; (B) in paragraph (5), by adding at the end the following: Subject to the availability of funds, such assistance and services shall be made available to refugees for a period of not less than 1 year. (2) in subsection (e)(1)— (A) by striking (1) (1)(A) (B) by adding at the end the following: (B) Subject to the availability of funds, such assistance shall be provided for not less than 1 year beginning on the first day of the month in which a refugee enters the United States. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is the earlier of— (1) the first day of the first fiscal year beginning after the date of the enactment of this Act; or (2) the date on which a final rule is promulgated to implement such amendments. (c) Rule of construction Nothing in this section or in the amendments made by this section shall be construed as limiting or reducing assistance provided for a period that is more than 1 year. V Protections for immigrants 501. Personally identifiable information A recipient of a grant described in, or established under, this title may not be required, as a condition of receiving such a grant, to transmit the personally identifiable information of an immigrant, or a family member or household member of an immigrant, served by the recipient. 502. Voluntary participation in integration and inclusion activities The participation of an immigrant in any integration or inclusion activity under this Act shall be strictly voluntary.

New Deal for New Americans Act of 2023

Improving Digital Identity Act of 2023 This bill establishes a temporary task force to recommend secure methods and coordinate efforts for digital identity verification (a process for verifying the identity of an individual who accesses a service online or electronically). Specifically, the bill establishes a task force within the Executive Office of the President to coordinate a government-wide effort for promoting digital identity credentials (e.g., electronic driver's licenses and birth certificates) for use in the public and private sectors. This includes identifying the governmental agencies that issue identity credentials or hold information used to identify an individual; recommending a strategy for digital identity verification that addresses issues such as privacy, equity, and interoperability; and identifying funding or resources needed to support governmental agencies with adopting digital identity verification. Members of the task force include representatives from federal agencies; representatives from state, tribal, territorial, and local governments; and nongovernmental experts. The task force must periodically report its findings and terminates three years after the enactment of the bill. Further, the Office of Management and Budget (OMB) must issue guidance for federal agencies to implement task force recommendations, and federal agencies must annually report on their implementation activities. Additionally, the OMB must report on the implementation and effectiveness of federal digital identity capabilities in coordination with the Cybersecurity and Infrastructure Security Agency. The Government Accountability Office must report on the potential savings from averting benefit fraud and identity theft by increasing adoption of digital identity verification.

118 S884 IS: Improving Digital Identity Act of 2023 U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 884 IN THE SENATE OF THE UNITED STATES March 21, 2023 Ms. Sinema Ms. Lummis Committee on Homeland Security and Governmental Affairs A BILL To establish a Government-wide approach to improving digital identity, and for other purposes. 1. Short title This Act may be cited as the Improving Digital Identity Act of 2023 2. Findings Congress finds the following: (1) The lack of an easy, affordable, reliable, and secure way for organizations, businesses, and government agencies to identify whether an individual is who they claim to be online creates an attack vector that is widely exploited by adversaries in cyberspace and precludes many high-value transactions from being available online. (2) Incidents of identity theft and identity fraud continue to rise in the United States, where more than 293,000,000 people were impacted by data breaches in 2021. (3) Since 2017, losses resulting from identity fraud have increased by 333 percent, and, in 2020, those losses totaled $56,000,000,000. (4) The Director of the Treasury Department Financial Crimes Enforcement Network has stated that the abuse of personally identifiable information and other building blocks of identity is a key enabler behind much of the fraud and cybercrime affecting the United States today. (5) The inadequacy of current digital identity solutions degrades security and privacy for all people in the United States, and next generation solutions are needed that improve security, privacy, equity, and accessibility. (6) Government entities, as authoritative issuers of identity in the United States, are uniquely positioned to deliver critical components that address deficiencies in the digital identity infrastructure of the United States and augment private sector digital identity and authentication solutions. (7) State governments are particularly well-suited to play a role in enhancing digital identity solutions used by both the public and private sectors, given the role of State governments as the issuers of driver’s licenses and other identity documents commonly used today. (8) The public and private sectors should collaborate to deliver solutions that promote confidence, privacy, choice, equity, accessibility, and innovation. The private sector drives much of the innovation around digital identity in the United States and has an important role to play in delivering digital identity solutions. (9) The bipartisan Commission on Enhancing National Cybersecurity has called for the Federal Government to create an interagency task force directed to find secure, user-friendly, privacy-centric ways in which agencies can serve as 1 authoritative source to validate identity attributes in the broader identity market. This action would enable Government agencies and the private sector to drive significant risk out of new account openings and other high-risk, high-value online services, and it would help all citizens more easily and securely engage in transactions online. (10) It should be the policy of the Federal Government to use the authorities and capabilities of the Federal Government, in coordination with State, local, Tribal, and territorial partners and private sector innovators, to enhance the security, reliability, privacy, equity, accessibility, and convenience of consent-based digital identity solutions that support and protect transactions between individuals, government entities, and businesses, and that enable people in the United States to prove who they are online. 3. Definitions In this Act: (1) Appropriate notification entities The term appropriate notification entities (A) the President; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Oversight and Reform of the House of Representatives. (2) Digital identity verification The term digital identity verification (3) Director The term Director (4) Federal agency The term Federal agency 42 U.S.C. 5122 (5) Identity attribute The term identity attribute (6) Identity credential The term identity credential (7) Secretary The term Secretary (8) Task Force The term Task Force 4. Improving Digital Identity Task Force (a) Establishment There is established in the Executive Office of the President a task force to be known as the Improving Digital Identity Task Force (b) Purpose The purpose of the Task Force shall be to establish and coordinate a government-wide effort to develop secure methods for Federal, State, local, Tribal, and territorial agencies to improve access and enhance security between physical and digital identity credentials, particularly by promoting the development of digital versions of existing physical identity credentials, including driver's licenses, e-Passports, social security credentials, and birth certificates, to— (1) protect the privacy and security of individuals; (2) support reliable, interoperable digital identity verification in the public and private sectors; and (3) in achieving paragraphs (1) and (2), place a particular emphasis on— (A) reducing identity theft and fraud; (B) enabling trusted transactions; and (C) ensuring equitable access to digital identity verification. (c) Director (1) In general The Task Force shall have a Director, who shall be appointed by the President. (2) Position The Director shall serve at the pleasure of the President. (3) Pay and allowances The Director shall be compensated at the rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. (4) Qualifications The Director shall have substantive technical expertise and managerial acumen that— (A) is in the business of digital identity management, information security, or benefits administration; (B) is gained from not less than 1 organization; and (C) includes specific expertise gained from academia, advocacy organizations, or the private sector. (5) Exclusivity The Director may not serve in any other capacity within the Federal Government while serving as Director. (6) Term The term of the Director, including any official acting in the role of the Director, shall terminate on the date described in subsection (k). (d) Membership (1) Federal Government representatives The Task Force shall include the following individuals or the designees of such individuals: (A) The Secretary. (B) The Secretary of the Treasury. (C) The Director of the National Institute of Standards and Technology. (D) The Director of the Financial Crimes Enforcement Network. (E) The Commissioner of Social Security. (F) The Secretary of State. (G) The Administrator of General Services. (H) The Director of the Office of Management and Budget. (I) The Postmaster General of the United States Postal Service. (J) The National Cyber Director. (K) The Attorney General. (L) The heads of other Federal agencies or offices as the President may designate or invite, as appropriate. (2) State, local, Tribal, and territorial government representatives The Director shall appoint to the Task Force 6 State, local, Tribal, and territorial government officials who represent agencies that issue identity credentials and who have— (A) experience in identity technology and services; (B) knowledge of the systems used to provide identity credentials; or (C) any other qualifications or competencies that may help achieve balance or otherwise support the mission of the Task Force. (3) Nongovernmental experts (A) In general The Director shall appoint to the Task Force 5 nongovernmental experts. (B) Specific appointments The experts appointed under subparagraph (A) shall include the following: (i) A member who is a privacy and civil liberties expert. (ii) A member who is a technical expert in identity verification. (iii) A member who is a technical expert in cybersecurity focusing on identity verification services. (iv) A member who represents the identity verification services industry. (v) A member who represents a party that relies on effective identity verification services to conduct business. (e) Working groups The Director shall organize the members of the Task Force into appropriate working groups for the purpose of increasing the efficiency and effectiveness of the Task Force, as appropriate. (f) Meetings The Task Force shall— (1) convene at the call of the Director; and (2) provide an opportunity for public comment in accordance with section 1009(a)(3) of title 5, United States Code. (g) Duties In carrying out the purpose described in subsection (b), the Task Force shall— (1) identify Federal, State, local, Tribal, and territorial agencies that issue identity credentials or hold information relating to identifying an individual; (2) assess restrictions with respect to the abilities of the agencies described in paragraph (1) to verify identity information for other agencies and nongovernmental organizations; (3) assess any necessary changes in statutes, regulations, or policy to address any restrictions assessed under paragraph (2); (4) recommend a strategy, based on existing standards, to enable agencies to provide services relating to digital identity verification in a way that— (A) is secure, protects privacy, and protects individuals against unfair and misleading practices; (B) prioritizes equity and accessibility; (C) requires individual consent for the provision of digital identify verification services by a Federal, State, local, Tribal, or territorial agency; (D) is interoperable among participating Federal, State, local, Tribal, and territorial agencies, as appropriate and in accordance with applicable laws; and (E) prioritizes technical standards developed by voluntary consensus standards bodies in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U.S.C. 272 Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities (5) recommend principles to promote policies for shared identity proofing across public sector agencies, which may include single sign-on or broadly accepted attestations; (6) identify funding or other resources needed to support the agencies described in paragraph (4) that provide digital identity verification, including recommendations with respect to the need for and the design of a Federal grant program to implement the recommendations of the Task Force and facilitate the development and upgrade of State, local, Tribal, and territorial highly-secure interoperable systems that enable digital identity verification; (7) recommend funding models to provide digital identity verification to private sector entities, which may include fee-based funding models; (8) determine if any additional steps are necessary with respect to Federal, State, local, Tribal, and territorial agencies to improve digital identity verification and management processes for the purpose of enhancing the security, reliability, privacy, accessibility, equity, and convenience of digital identity solutions that support and protect transactions between individuals, government entities, and businesses; and (9) undertake other activities necessary to assess and address other matters relating to digital identity verification, including with respect to— (A) the potential exploitation of digital identity tools or associated products and services by malign actors; (B) privacy implications; and (C) increasing access to foundational identity documents. (h) Prohibition The Task Force may not implicitly or explicitly recommend the creation of— (1) a single identity credential provided or mandated by the Federal Government for the purposes of verifying identity or associated attributes; (2) a unilateral central national identification registry relating to digital identity verification; or (3) a requirement that any individual be forced to use digital identity verification for a given public purpose. (i) Required consultation The Task Force shall closely consult with leaders of Federal, State, local, Tribal, and territorial governments and nongovernmental leaders, which shall include the following: (1) The Secretary of Education. (2) The heads of other Federal agencies and offices determined appropriate by the Director. (3) State, local, Tribal, and territorial government officials focused on identity, such as information technology officials and directors of State departments of motor vehicles and vital records bureaus. (4) Digital privacy experts. (5) Civil liberties experts. (6) Technology and cybersecurity experts. (7) Users of identity verification services. (8) Representatives with relevant expertise from academia and advocacy organizations. (9) Industry representatives with experience implementing digital identity systems. (10) Identity theft and fraud prevention experts, including advocates for victims of identity theft and fraud. (j) Reports (1) Initial report Not later than 180 days after the date of enactment of this Act, the Director shall submit to the appropriate notification entities a report on the activities of the Task Force, including— (A) recommendations on— (i) implementing the strategy pursuant to subsection (g)(4); and (ii) methods to leverage digital driver’s licenses, distributed ledger technology, and other technologies; and (B) summaries of the input and recommendations of the leaders consulted under subsection (i). (2) Interim reports (A) In general The Director may submit to the appropriate notification entities interim reports the Director determines necessary to support the work of the Task Force and educate the public. (B) Mandatory report Not later than the date that is 18 months after the date of enactment of this Act, the Director shall submit to the appropriate notification entities an interim report addressing— (i) the matters described in paragraphs (1), (2), (4), and (6) of subsection (g); and (ii) any other matters the Director determines necessary to support the work of the Task Force and educate the public. (3) Final report Not later than 180 days before the date described in subsection (k), the Director shall submit to the appropriate notification entities a final report that includes recommendations for the President and Congress relating to any relevant matter within the scope of the duties of the Task Force. (4) Public availability The Task Force shall make the reports required under this subsection publicly available on centralized website as an open Government data asset (as defined in section 3502 of title 44, United States Code). (k) Sunset The Task Force shall conclude business on the date that is 3 years after the date of enactment of this Act. 5. Security enhancements to Federal systems (a) Guidance for Federal agencies Not later than 180 days after the date on which the Director submits the report required under section 4(j)(1), the Director of the Office of Management and Budget shall issue guidance to Federal agencies for the purpose of implementing any recommendations included in such report determined appropriate by the Director of the Office of Management and Budget. (b) Reports on Federal agency progress improving digital identity verification capabilities (1) Annual report on guidance implementation Not later than 1 year after the date of the issuance of guidance under subsection (a), and annually thereafter, the head of each Federal agency shall submit to the Director of the Office of Management and Budget a report on the efforts of the Federal agency to implement that guidance. (2) Public report (A) In general Not later than 45 days after the date of the issuance of guidance under subsection (a), and annually thereafter, the Director shall develop and make publicly available a report that includes— (i) a list of digital identity verification services offered by Federal agencies; (ii) the volume of digital identity verifications performed by each Federal agency; (iii) information relating to the effectiveness of digital identity verification services by Federal agencies; and (iv) recommendations to improve the effectiveness of digital identity verification services by Federal agencies. (B) Consultation In developing the first report required under subparagraph (A), the Director shall consult the Task Force. (3) Congressional report on Federal agency digital identity capabilities (A) In general Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report relating to the implementation and effectiveness of the digital identity capabilities of Federal agencies. (B) Consultation In developing the report required under subparagraph (A), the Director of the Office of Management and Budget shall— (i) consult with the Task Force; and (ii) to the greatest extent practicable, include in the report recommendations of the Task Force. (C) Contents of report The report required under subparagraph (A) shall include— (i) an analysis, including metrics and milestones, for the implementation by Federal agencies of— (I) the guidelines published by the National Institute of Standards and Technology in the document entitled Special Publication 800–63 Digital Identity Guidelines (II) if feasible, any additional requirements relating to enhancing digital identity capabilities identified in the document of the Office of Management and Budget entitled M–19–17 (ii) a review of measures taken to advance the equity, accessibility, cybersecurity, and privacy of digital identity verification services offered by Federal agencies; and (iii) any other relevant data, information, or plans for Federal agencies to improve the digital identity capabilities of Federal agencies. (c) Additional reports On the first March 1 occurring after the date described in subsection (b)(3)(A), and annually thereafter, the Director of the Office of Management and Budget, in consultation with the Director of the National Institute of Standards and Technology, shall include in the report required under section 3553(c) of title 44, United States Code— (1) any additional and ongoing reporting on the matters described in subsection (b)(3)(C); and (2) associated information collection mechanisms. 6. GAO report (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the estimated potential savings, including estimated annual potential savings, due to the increased adoption and widespread use of digital identification, of— (1) the Federal Government from averted fraud, including benefit fraud; and (2) the economy of the United States and consumers from averted identity theft. (b) Contents Among other variables the Comptroller General of the United States determines relevant, the report required under subsection (a) shall include multiple scenarios with varying uptake rates to demonstrate a range of possible outcomes.

Improving Digital Identity Act of 2023

Department of Homeland Security Civilian Cybersecurity Reserve Act This bill authorizes the Cybersecurity and Infrastructure Security Agency (CISA) to create a temporary Civilian Cybersecurity Reserve to address U.S. cybersecurity needs with respect to national security. Reserve members must (1) be former employees or contractors of the executive branch, former military personnel, or former state or local government employees; (2) have cybersecurity expertise; and (3) obtain any necessary security clearances. Membership in the reserve is contingent on a mutual agreement between the agency and the individual. CISA must submit an implementation plan for congressional review before taking any further action with respect to the reserve. In addition, CISA and the Government Accountability Office must evaluate and report on the reserve. The report must include recommendations that address whether the program should be made permanent, extended, or modified.

118 S885 IS: Department of Homeland Security Civilian Cybersecurity Reserve Act U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 885 IN THE SENATE OF THE UNITED STATES March 21, 2023 Ms. Rosen Mrs. Blackburn Committee on Homeland Security and Governmental Affairs A BILL To establish a Civilian Cybersecurity Reserve in the Department of Homeland Security as a pilot project to address the cybersecurity needs of the United States with respect to national security, and for other purposes. 1. Short title This Act may be cited as the Department of Homeland Security Civilian Cybersecurity Reserve Act 2. Civilian Cybersecurity Reserve pilot project (a) Definitions In this section: (1) Agency The term Agency (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Homeland Security of the House of Representatives; (D) the Committee on Oversight and Accountability of the House of Representatives; and (E) the Committee on Appropriations of the House of Representatives. (3) Competitive service The term competitive service (4) Director The term Director (5) Excepted service The term excepted service (6) Significant incident The term significant incident (A) means an incident or a group of related incidents that results, or is likely to result, in demonstrable harm to— (i) the national security interests, foreign relations, or economy of the United States; or (ii) the public confidence, civil liberties, or public health and safety of the people of the United States; and (B) does not include an incident or a portion of a group of related incidents that occurs on— (i) a national security system, as defined in section 3552 of title 44, United States Code; or (ii) an information system described in paragraph (2) or (3) of section 3553(e) of title 44, United States Code. (7) Temporary position The term temporary position (8) Uniformed services The term uniformed services (b) Pilot project (1) In general The Director may carry out a pilot project to establish a Civilian Cybersecurity Reserve at the Agency. (2) Purpose The purpose of a Civilian Cybersecurity Reserve is to enable the Agency to effectively respond to significant incidents. (3) Alternative methods Consistent with section 4703 of title 5, United States Code, in carrying out a pilot project authorized under paragraph (1), the Director may, without further authorization from the Office of Personnel Management, provide for alternative methods of— (A) establishing qualifications requirements for, recruitment of, and appointment to positions; and (B) classifying positions. (4) Appointments Under the pilot project authorized under paragraph (1), upon occurrence of a significant incident, the Director— (A) may activate members of the Civilian Cybersecurity Reserve by— (i) noncompetitively appointing members of the Civilian Cybersecurity Reserve to temporary positions in the competitive service; or (ii) appointing members of the Civilian Cybersecurity Reserve to temporary positions in the excepted service; (B) shall notify Congress whenever a member is activated under subparagraph (A); and (C) may appoint not more than 30 members to the Civilian Cybersecurity Reserve under subparagraph (A) at any time. (5) Status as employees An individual appointed under subsection (b)(4) shall be considered a Federal civil service employee under section 2105 of title 5, United States Code. (6) Additional employees Individuals appointed under subsection (b)(4) shall be in addition to any employees of the Agency who provide cybersecurity services. (7) Employment protections The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under subsection (b)(4), provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 (8) Status in reserve During the period beginning on the date on which an individual is recruited by the Agency to serve in the Civilian Cybersecurity Reserve and ending on the date on which the individual is appointed under subsection (b)(4), and during any period in between any such appointments, the individual shall not be considered a Federal employee. (c) Eligibility; application and selection (1) In general Under the pilot project authorized under subsection (b), the Director shall establish criteria for— (A) individuals to be eligible for the Civilian Cybersecurity Reserve; and (B) the application and selection processes for the Civilian Cybersecurity Reserve. (2) Requirements for individuals The criteria established under paragraph (1)(A) with respect to an individual shall include— (A) previous employment— (i) by the executive branch; (ii) within the uniformed services; (iii) as a Federal contractor within the executive branch; or (iv) by a State, local, Tribal, or territorial government; (B) if the individual has previously served as a member of the Civilian Cybersecurity Reserve of the Agency, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve of the Agency; and (C) cybersecurity expertise. (3) Prescreening The Agency shall— (A) conduct a prescreening of each individual prior to appointment under subsection (b)(4) for any topic or product that would create a conflict of interest; and (B) require each individual appointed under subsection (b)(4) to notify the Agency if a potential conflict of interest arises during the appointment. (4) Agreement required An individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the Director to become such a member, which shall set forth the rights and obligations of the individual and the Agency. (5) Exception for continuing military service commitments A member of the Selected Reserve under section 10143 of title 10, United States Code, may not be a member of the Civilian Cybersecurity Reserve. (6) Priority In appointing individuals to the Civilian Cybersecurity Reserve, the Agency shall prioritize the appointment of individuals described in clause (i) or (ii) of paragraph (2)(A) before considering individuals described in clause (iii) or (iv) of paragraph (2)(A). (7) Prohibition Any individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve. (d) Security clearances (1) In general The Director shall ensure that all members of the Civilian Cybersecurity Reserve undergo the appropriate personnel vetting and adjudication commensurate with the duties of the position, including a determination of eligibility for access to classified information where a security clearance is necessary, according to applicable policy and authorities. (2) Cost of sponsoring clearances If a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out their duties, the Agency shall be responsible for the cost of sponsoring the security clearance of a member of the Civilian Cybersecurity Reserve. (e) Study and implementation plan (1) Study Not later than 60 days after the date of enactment of this Act, the Agency shall begin a study on the design and implementation of the pilot project authorized under subsection (b)(1) at the Agency, including— (A) compensation and benefits for members of the Civilian Cybersecurity Reserve; (B) activities that members may undertake as part of their duties; (C) methods for identifying and recruiting members, including alternatives to traditional qualifications requirements; (D) methods for preventing conflicts of interest or other ethical concerns as a result of participation in the pilot project and details of mitigation efforts to address any conflict of interest concerns; (E) resources, including additional funding, needed to carry out the pilot project; (F) possible penalties for individuals who do not respond to activation when called, in accordance with the rights and procedures set forth under title 5, Code of Federal Regulations; and (G) processes and requirements for training and onboarding members. (2) Implementation plan Not later than 1 year after beginning the study required under paragraph (1), the Agency shall— (A) submit to the appropriate congressional committees an implementation plan for the pilot project authorized under subsection (b)(1); and (B) provide to the appropriate congressional committees a briefing on the implementation plan. (3) Prohibition The Agency may not take any action to begin implementation of the pilot project authorized under subsection (b)(1) until the Agency fulfills the requirements under paragraph (2). (f) Project guidance Not later than 2 years after the date of enactment of this Act, the Director shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project authorized under subsection (b)(1) at the Agency. (g) Briefings and report (1) Briefings Not later than 1 year after the date on which the Director issues the guidance required under subsection (f), and every year thereafter, the Agency shall provide to the appropriate congressional committees a briefing on activities carried out under the pilot project of the Agency, including— (A) participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members; (B) an evaluation of the ethical requirements of the pilot project; (C) whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Agency during significant incidents; and (D) an evaluation of the eligibility requirements for the pilot project. (2) Report Not earlier than 6 months and not later than 3 months before the date on which the pilot project of the Agency terminates under subsection (i), the Agency shall submit to the appropriate congressional committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for— (A) whether the pilot project should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program; (B) how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve; (C) the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and (D) an evaluation of the eligibility requirements for the pilot project. (h) Evaluation Not later than 3 years after the pilot project authorized under subsection (b) is established in the Agency, the Comptroller General of the United States shall— (1) conduct a study evaluating the pilot project at the Agency; and (2) submit to Congress— (A) a report on the results of the study; and (B) a recommendation with respect to whether the pilot project should be modified, extended in duration, or established as a permanent program. (i) Sunset The pilot project authorized under this section shall terminate on the date that is 4 years after the date on which the pilot project is established. (j) No additional funds (1) In general No additional funds are authorized to be appropriated for the purpose of carrying out this Act. (2) Existing authorized amounts Funds to carry out this Act may, as provided in advance in appropriations Acts, only come from amounts authorized to be appropriated to the Agency.

Department of Homeland Security Civilian Cybersecurity Reserve Act

Colorectal Cancer Detection Act This bill provides for Medicare coverage and payment, subject to specified frequency limits, of certain colorectal cancer screening blood-based tests.

118 S892 IS: Colorectal Cancer Detection Act U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 892 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Heinrich Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide coverage under the Medicare program for FDA-approved qualifying colorectal cancer screening blood-based tests, to increase participation in colorectal cancer screening in under-screened communities of color, to offset the COVID–19 pandemic driven declines in colorectal cancer screening, and for other purposes. 1. Short title This Act may be cited as the Colorectal Cancer Detection Act 2. Medicare coverage for FDA-approved qualifying colorectal cancer screening blood-based tests (a) In general Section 1861(pp) of the Social Security Act ( 42 U.S.C. 1395x(pp) (1) in paragraph (1)— (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by inserting after subparagraph (C) the following new subparagraph: (D) Qualifying colorectal cancer screening blood-based test. ; and (2) by adding at the end the following new paragraph: (3) The term qualifying colorectal cancer screening blood-based test . (b) Frequency limits for colorectal cancer screening tests and payment amount for qualifying colorectal cancer screening blood-Based tests Section 1834(d) of the Social Security Act ( 42 U.S.C. 1395m(d) (1) by amending clause (ii) of paragraph (1)(B) to read as follows: (ii) if the test is performed within the 11 months after a previous screening fecal-occult blood test or a previous qualifying colorectal cancer screening blood-based test. ; (2) in paragraph (2)(E)(ii), by inserting or within the 35 months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test sigmoidoscopy (3) by amending subparagraph (E) of paragraph (3) to read as follows: (E) Frequency limit No payment may be made under this part for a colorectal cancer screening test consisting of a screening colonoscopy— (i) if the procedure is performed within the 11 months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test; (ii) for individuals at high risk for colorectal cancer if the procedure is performed within the 23 months after a previous screening colonoscopy; or (iii) for individuals not at high risk for colorectal cancer if the procedure is performed within the 119 months after a previous screening colonoscopy or within the 47 months after a previous screening flexible sigmoidoscopy. ; and (4) by adding at the end the following new paragraph: (4) Qualifying colorectal cancer screening blood-based tests (A) Payment amount The payment amount for colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests shall be established by the Secretary in accordance with section 1833(h) and section 1834A, as applicable. (B) Frequency limit Paragraph (1)(B) shall apply to colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests in the same manner as such paragraph applies to colorectal cancer screening tests consisting of fecal-occult blood tests. . (c) Effective date The amendments made by this section shall apply to colorectal cancer screening tests furnished in a year beginning more than 6 months after the date of the enactment of this Act.

Colorectal Cancer Detection Act

Public Safety Officer Concussion and Traumatic Brain Injury Health Act of 2023 This bill requires the Centers for Disease Control and Prevention (CDC) to collect and disseminate information about diagnosing, treating, and preventing concussions and traumatic brain injuries among public safety officers. The CDC must put the information it collects on its website. The CDC must also disseminate the information to medical and public health professionals, public safety employers and employee representatives, and other stakeholders. In implementing the bill, the CDC may support public and private efforts to identify and create guidelines, protocols, and evidence-based practices for treating concussions and traumatic brain injuries in public safety officers.

118 S894 IS: Public Safety Officer Concussion and Traumatic Brain Injury Health Act of 2023 U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 894 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Cornyn Ms. Cortez Masto Mr. Braun Mr. Casey Mr. Coons Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to collect and disseminate information on concussion and traumatic brain injury among public safety officers. 1. Short title This Act may be cited as the Public Safety Officer Concussion and Traumatic Brain Injury Health Act of 2023 2. Information on concussion and traumatic brain injury among public safety officers Part J of title III of the Public Health Service Act ( 42 U.S.C. 280b et seq. 393E. Information on concussion and traumatic brain injury among public safety officers (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall collect and make publicly available information on concussion and traumatic brain injury among public safety officers, including research related to evidence-based practices and personal protective equipment recommendations, and medical information related to diagnosing, protocols for identifying and treating, and measures for reducing the incidence of concussion and traumatic brain injury among public safety officers. (b) Dissemination of information (1) In general For purposes of making information available under subsection (a), the Secretary shall— (A) update the website of the Centers for Disease Control and Prevention with respect to traumatic brain injury; and (B) develop other means to disseminate such information to— (i) medical professionals and public health professionals, to improve care and treatment services provided to public safety officers suffering from concussion or traumatic brain injury; (ii) public safety employers and employee representatives, to improve strategies and practices to reduce the incidence of concussion and traumatic brain injury resulting from firefighting, fire protection, law enforcement, and other public safety activities; (iii) mental health professionals, to develop a better understanding of the link between concussion and traumatic brain injury and conditions such as trauma and stress related disorders, mood disorders, and suicidal ideations; (iv) patients and their families, to improve awareness of health care specialists in the area of concussion and traumatic brain injury, and to improve patient understanding of the effects of concussion and traumatic brain injury; and (v) institutions of higher education, including medical schools and schools of public health, and other researchers. (2) Consultation In developing the website under paragraph (1), the Secretary shall consult with the individuals and entities described in clauses (i) through (v) of paragraph (1)(B) to ensure that information collected and disseminated best meets the needs of the public safety community in terms of content, quality, and utility. (3) Additional dissemination activities The Secretary may disseminate information described in subsection (a) through arrangements with nonprofit organizations, labor organizations and employee representatives, other governmental organizations or entities, and the media. (c) Authorized activities In carrying out this section, the Secretary may support public and private efforts to identify and create model guidelines, protocols, and evidence-based practices to treat concussion and traumatic brain injury in public safety officers, including through grants, contracts, or cooperative agreements. (d) Definition In this section, the term public safety officer .

Public Safety Officer Concussion and Traumatic Brain Injury Health Act of 2023

Expedite Veteran Appeals Act of 2023 This bill increases the maximum possible number of judges presiding over the U.S. Court of Appeals for Veterans Claims to nine judges.

118 S897 IS: Expedite Veteran Appeals Act of 2023 U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 897 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Tester Mr. Moran Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to make a permanent increase in the number of judges presiding over the United States Court of Appeals for Veterans Claims, and for other purposes. 1. Short title This Act may be cited as the Expedite Veteran Appeals Act of 2023 2. Permanent increase in number of judges presiding over Court of Appeals for Veterans Claims Section 7253(a) of title 38, United States Code, is amended by striking seven nine

Expedite Veteran Appeals Act of 2023

Merchant Category Code Neutrality Act This bill prohibits the Internal Revenue Service from auditing a taxpayer based primarily on the Merchant Category Codes, or other similar codes, used to classify the goods or services provided by the taxpayer's business. The bill defines Merchant Category Code to mean classification codes assigned by payment card organizations to merchants or payees that accept their payment cards to classify the goods or services provided or furnished by a merchant or payee.

118 S898 IS: Merchant Category Code Neutrality Act U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 898 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Thune Mrs. Blackburn Mr. Cassidy Mr. Crapo Mr. Daines Mr. Lankford Mr. Tillis Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to prohibit audits based on Merchant Category Codes. 1. Short title This Act may be cited as the Merchant Category Code Neutrality Act 2. Prohibition on audits based on merchant category codes Section 7602 (g) Prohibition of audits based on merchant category codes (1) In general The Secretary shall not take any action described in paragraph (1), (2), or (3) of subsection (a) based primarily on the Merchant Category Codes, or other similar codes, used to classify the goods or services provided or furnished by the business of the respective taxpayer. (2) Annual report For each taxable year, the Secretary shall issue a public report providing a tally of each Merchant Category Code for any action described in paragraph (1), (2), or (3) of subsection (a) initiated in such year. (3) Merchant Category Code The term Merchant Category Code .

Merchant Category Code Neutrality Act

Conservation and Innovative Climate Partnership Act of 2023This bill requires the Department of Agriculture to award competitive grants to land-grant colleges or universities to increase agricultural producers' voluntary adoption of conservation practices (e.g., alley cropping) and innovative climate practices (e.g., carbon sequestration). Projects may be carried out through public awareness campaigns, workshops, and specialized technical assistance. Grantees must carry out activities in partnership with at least one other entity, such as the Natural Resources Conservation Service, a land-grant college or university, a state entity, or a nonprofit organization.

103 S900 IS: Conservation and Innovative Climate Partnership Act of 2023 U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 900 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Young Ms. Smith Mr. Braun Mr. Schatz Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a competitive grant program under which the Secretary of Agriculture provides grants to land-grant colleges and universities to support agricultural producers in adopting conservation and innovative climate practices, and for other purposes. 1. Short title This Act may be cited as the Conservation and Innovative Climate Partnership Act of 2023 2. Findings Congress finds that— (1) farmers and producers engage in innovative climate and conservation practices that may include a wide variety of activities, such as— (A) carbon retention or carbon sequestration cropping practices; (B) resource conserving crop rotation; (C) alley cropping; (D) integrated livestock-crop systems; (E) advanced grazing management; (F) improved forestry or agroforestry management; and (G) the insertion of buffers or saturated buffers; (2) the purpose of implementing innovative climate and conservation practices on farm or ranch land is to increase sustainability through— (A) improved soil health and tilth; (B) improved water quality, quantity, and management; (C) improved nutrient management; (D) reduction in tillage; or (E) wildlife promotion and management; and (3) the benefits of engaging in innovative climate and conservation practices include— (A) a reduction of greenhouse gases emissions, including carbon dioxide, methane, sulfur dioxide, and nitrous oxide; (B) carbon sequestration; (C) soil health improvement; and (D) reduced exposure to climate-related risk. 3. Conservation and innovative climate partnership competitive grant program (a) In general Subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1672 ( 7 U.S.C. 5925 1672A. Conservation and innovative climate partnership competitive grant program (a) Definitions In this section: (1) 1862 Institution; 1890 Institution The terms 1862 Institution 1890 Institution 7 U.S.C. 7601 (2) 1994 Institution The term 1994 Institution 7 U.S.C. 301 Public Law 103–382 (3) Eligible institution The term eligible institution (A) an 1862 Institution; (B) an 1890 Institution; and (C) a 1994 Institution. (4) Practice The term practice 16 U.S.C. 3839aa–1 (5) Program The term program (6) Secretary The term Secretary (b) Establishment The Secretary shall establish a program to provide competitive grants pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) (c) Applications To be eligible to receive a grant under the program, an eligible institution shall submit to the Secretary an application, including a demonstration that the applicant will— (1) increase interaction with local agricultural producers by a rate of not less than 25 percent above the outreach rate before the implementation of the project under the program, as determined by the Secretary; (2) assist agricultural producers in implementing new practices on farms or edges of fields, improving existing practices on farms or edges of fields, or any combination thereof; and (3) assist agricultural producers in implementing a combination of practices that contribute to— (A) the overall improvement of conservation; or (B) a decrease in, or sequestration of, greenhouse gas emissions. (d) Partnerships An eligible institution shall carry out a project using a grant under the program in partnership with not fewer than 1 other entity, which may include— (1) a nonprofit organization; (2) a State entity; (3) the Natural Resources Conservation Service; (4) an 1862 Institution; (5) an 1890 Institution; (6) a 1994 Institution; or (7) any combination thereof. (e) Maximum amount The amount of a grant under the program shall be not more than $400,000. (f) Use of funds An eligible institution may use a grant under the program— (1) to support agricultural producers in implementing a practice; (2) subject to subsection (g), for additional staffing at the eligible institution to assist in carrying out a project using the grant; (3) to conduct workshops for agricultural producers, and develop and distribute digital and hard-copy materials directly to agricultural producers, that provide clear directions for accessing technical assistance for adopting practices; and (4) for soil testing and the measuring of other indicators of the effectiveness of practices. (g) Limitation on administrative expenses An eligible institution may use not more than 30 percent of the amount of a grant under the program for administrative expenses. (h) Duration A grant provided under the program shall be for such period as the Secretary determines to be appropriate, but not less than 4 years. (i) Authorization of appropriations There is authorized to be appropriated to provide grants under the program pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) . (b) Eligibility of 1994 Institutions Section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) (1) by striking program and program, (2) by inserting , and the conservation and innovative climate partnership competitive grant program established under section 1672A of the Food, Agriculture, Conservation, and Trade Act of 1990

Conservation and Innovative Climate Partnership Act of 2023

Supersonic and Hypersonic Aircraft Testing Corridor Act This bill requires the Federal Aviation Administration (FAA), in consultation with the Department of Defense (DOD), to designate an overland supersonic and hypersonic testing corridor for military passenger aircraft, military non-passenger aircraft, and civil aircraft. The FAA must designate the corridor within existing military operation areas, as practicable, that run from Edwards Air Force Base in California to the Utah Test and Training Range and Dugway Proving Ground in Utah. DOD must allow civil aircraft testing unless such testing would interfere with any military operations or testing in the corridor, or the FAA has not granted a required special flight authorization for the testing. Further, testing may only occur from sunrise to sunset and may not include commercial passengers or cargo. For civil aircraft testing that requires a special flight authorization, the FAA must (1)permit a measurable amount of sonic boom overpressure outside of the corridor if the available data is sufficient to determine that the sonic boom overpressure does not significantly affect the quality of the human environment, (2) not require additional environmental impact analysis regarding noise impact if certain requirements are met, and (3) allow for the reuse of certain research and findings from prior tests.

118 S902 IS: Supersonic and Hypersonic Aircraft Testing Corridor Act U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 902 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Lee Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the Federal Aviation Administration to designate an overland supersonic and hypersonic testing corridor in the United States to test military passenger and non-passenger aircraft, and for other purposes. 1. Short title This Act may be cited as the Supersonic and Hypersonic Aircraft Testing Corridor Act 2. Designation of overland supersonic and hypersonic testing corridor (a) Designation (1) In general Notwithstanding section 91.817 of title 14, Code of Federal Regulations, not later than 180 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator (2) Requirements (A) Military operation areas In designating the corridor under paragraph (1), the Administrator shall— (i) to the extent practicable, designate the corridor within existing military operation areas (in this section referred to as MOA (ii) if necessary, designate new MOA airspace to complete the corridor and ensure that the corridor is suitable for testing. (B) Increased altitude The Administrator shall— (i) set the vertical limits in the corridor designated under paragraph (1) at FL 1000; and (ii) increase, as necessary, the vertical limit of any existing MOA in the corridor to FL 1000. (b) Purposes of designated corridor The corridor designated under subsection (a)(1) shall be used for the following purposes: (1) To test supersonic and hypersonic military passenger aircraft and military non-passenger aircraft. (2) To test supersonic and hypersonic civil aircraft subject to subsection (e). (c) Testing requirements Any supersonic or hypersonic aircraft testing in the corridor designated under subsection (a)(1) shall meet the following requirements: (1) The testing shall only occur from sunrise to sunset. (2) The testing shall not include any commercial passengers or commercial cargo. (d) Special flight authorization requirements With respect to special flight authorizations under section 91.818(c) of title 14, Code of Federal Regulations, for civil aircraft testing as described in subsection (b)(2), the Administrator shall do the following: (1) Permit sonic boom overpressure In considering the environmental findings to grant a special flight authorization, the Administrator shall permit a measurable amount of sonic boom overpressure outside of the corridor designated under subsection (a)(1), as long as the available data is sufficient for the Administrator to determine that the sonic boom overpressure does not significantly affect the quality of the human environment. (2) Noise impact data (A) In general Subject to subparagraph (B), in considering the environmental findings to grant a special flight authorization, the Administrator shall not require any additional environmental impact analysis regarding noise impact if— (i) an applicant presents data generated from FAA-approved software; and (ii) such data reasonably demonstrates that there is no additional noise impact due to the applicant's testing of supersonic or hypersonic civil aircraft. (B) Exception The Administrator may require an additional environmental impact analysis regarding noise impact if the Administrator certifies that extraordinary circumstances exist to justify such additional analysis. (3) Reuse of research and findings The Administrator shall reuse any applicable research and findings from a prior supersonic or hypersonic civil aircraft test and incorporate such research and findings into any applicable analysis necessary to grant a special flight authorization if the prior supersonic or hypersonic civil aircraft test— (A) was under similar conditions to the testing proposed by the applicant for the special flight authorization; and (B) considered similar issues or decisions as the testing proposed by the applicant for the special flight authorization. (e) Civil Testing The Secretary of Defense shall allow civil aircraft testing as described in subsection (b)(2), unless— (1) such testing would interfere with any military operations or testing in the corridor; or (2) the Administrator has not granted a special flight authorization under section 91.818(c) of title 14, Code of Federal Regulations, for such testing.

Supersonic and Hypersonic Aircraft Testing Corridor Act

Department of Defense Civilian Cybersecurity Reserve Act This bill requires the Department of the Army to establish a Civilian Cybersecurity Reserve via a four-year pilot project to address malicious cyber activity and cyber workforce challenges. Under the pilot project, the Department of the Army may appoint up to 50 members to the Civilian Cybersecurity Reserve at any time. Such appointees must be considered to be federal civil service employees. Individuals who are employees of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve. The Department of the Army must issue guidance establishing and implementing the pilot project.

117 S903 IS: Department of Defense Civilian Cybersecurity Reserve Act U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 903 IN THE SENATE OF THE UNITED STATES March 21, 2023 Ms. Rosen Mrs. Blackburn Committee on Armed Services A BILL To require the Secretary of the Army to carry out a pilot project to establish a Civilian Cybersecurity Reserve, and for other purposes. 1. Short title This Act may be cited as the Department of Defense Civilian Cybersecurity Reserve Act 2. Civilian Cybersecurity Reserve pilot project (a) 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; (B) the Committee on Armed Services of the Senate; (C) the Committee on Homeland Security of the House of Representatives; and (D) the Committee on Armed Services of the House of Representatives. (2) Competitive service The term competitive service (3) Excepted service The term excepted service (4) Temporary position The term temporary position (b) Pilot project (1) In general The Secretary of the Army shall carry out a pilot project to establish a Civilian Cybersecurity Reserve. (2) Purpose The purpose of the Civilian Cybersecurity Reserve is to enable the Army to provide manpower to the United States Cyber Command to effectively— (A) preempt, defeat, deter, or respond to malicious cyber activity; (B) conduct cyberspace operations; (C) secure information and systems of the Department of Defense against malicious cyber activity; and (D) assist in solving cyber workforce-related challenges. (3) Alternative methods Consistent with section 4703 of title 5, United States Code, in carrying out the pilot project required under paragraph (1), the Secretary may, without further authorization from the Office of Personnel Management, provide for alternative methods of— (A) establishing qualifications requirements for, recruitment of, and appointment to positions; and (B) classifying positions. (4) Appointments Under the pilot project required under paragraph (1), in order to fulfill the purpose under paragraph (2), the Secretary— (A) may activate members of the Civilian Cybersecurity Reserve by— (i) noncompetitively appointing members of the Civilian Cybersecurity Reserve to temporary positions in the competitive service; or (ii) appointing members of the Civilian Cybersecurity Reserve to temporary positions in the excepted service; (B) shall notify Congress whenever a member is activated under subparagraph (A); and (C) may appoint not more than 50 members to the Civilian Cybersecurity Reserve under subparagraph (A) at any time. (5) Status as employees An individual appointed under paragraph (4) shall be considered a Federal civil service employee under section 2105 of title 5, United States Code. (6) Additional employees Individuals appointed under paragraph (4) shall be in addition to any employees of the United States Cyber Command who provide cybersecurity services. (7) Employment protections The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under paragraph (4), provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 (8) Status in reserve During the period beginning on the date on which an individual is recruited to serve in the Civilian Cybersecurity Reserve and ending on the date on which the individual is appointed under paragraph (4), and during any period in between any such appointments, the individual shall not be considered a Federal employee. (c) Eligibility; application and selection (1) In general Under the pilot project required under subsection (b)(1), the Secretary of the Army shall establish criteria for— (A) individuals to be eligible for the Civilian Cybersecurity Reserve; and (B) the application and selection processes for the Civilian Cybersecurity Reserve. (2) Requirements for individuals The criteria established under paragraph (1)(A) with respect to an individual shall include— (A) if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and (B) cybersecurity expertise. (3) Prescreening The Secretary shall— (A) conduct a prescreening of each individual prior to appointment under subsection (b)(4) for any topic or product that would create a conflict of interest; and (B) require each individual appointed under subsection (b)(4) to notify the Secretary if a potential conflict of interest arises during the appointment. (4) Agreement required An individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the Secretary to become such a member, which shall set forth the rights and obligations of the individual and the Army. (5) Exception for continuing military service commitments A member of the Selected Reserve under section 10143 of title 10, United States Code, may not be a member of the Civilian Cybersecurity Reserve. (6) Prohibition Any individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve. (d) Security clearances (1) In general The Secretary of the Army shall ensure that all members of the Civilian Cybersecurity Reserve undergo the appropriate personnel vetting and adjudication commensurate with the duties of the position, including a determination of eligibility for access to classified information where a security clearance is necessary, according to applicable policy and authorities. (2) Cost of sponsoring clearances If a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out the duties of the member, the Army shall be responsible for the cost of sponsoring the security clearance of the member. (e) Implementation plan (1) In general Not later than 180 days after the date on which the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the report required under section 1540(d)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (A) submit to the appropriate congressional committees an implementation plan for the pilot project required under subsection (b)(1); and (B) provide to the appropriate congressional committees a briefing on the implementation plan. (2) Prohibition The Secretary of the Army may not take any action to begin implementation of the pilot project required under subsection (b)(1) until the Secretary fulfills the requirements under paragraph (1). (f) Project guidance Not later than two years after the date of the enactment of this Act, the Secretary of the Army shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project required under subsection (b)(1). (g) Briefings and report (1) Briefings Not later than one year after the date on which the guidance required under subsection (f) is issued, and every year thereafter until the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary of the Army shall provide to the appropriate congressional committees a briefing on activities carried out under the pilot project, including— (A) participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members; (B) an evaluation of the ethical requirements of the pilot project; (C) whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Army; and (D) an evaluation of the eligibility requirements for the pilot project. (2) Report Not earlier than 180 days and not later than 90 days before the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary shall submit to the appropriate congressional committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for— (A) whether the pilot project should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program; (B) how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve; (C) the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and (D) an evaluation of the eligibility requirements for the pilot project. (h) Evaluation Not later than three years after the pilot project required under subsection (b)(1) is established, the Comptroller General of the United States shall— (1) conduct a study evaluating the pilot project; and (2) submit to Congress— (A) a report on the results of the study; and (B) a recommendation with respect to whether the pilot project should be modified. (i) Sunset The pilot project required under subsection (b)(1) shall terminate on the date that is four years after the date on which the pilot project is established. (j) No additional funds (1) In general No additional funds are authorized to be appropriated for the purpose of carrying out this Act. (2) Existing authorized amounts Funds to carry out this Act may, as provided in advance in appropriations Acts, only come from amounts authorized to be appropriated to the Army.

Department of Defense Civilian Cybersecurity Reserve Act

Ending Normal Trade Relations with China Act of 2023 This bill withdraws normal trade relations treatment (i.e., nondiscriminatory treatment) from China. Further, the bill (1) sets the applicable duty rates on U.S. imports from China as the rates listed in column 2 of the U.S. Harmonized Tariff Schedule, and (2) authorizes the President to further increase the applicable duty rates. These provisions become effective two years after the bill's enactment.

106 S906 IS: Ending Normal Trade Relations with China Act of 2023 U.S. Senate 2023-03-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 906 IN THE SENATE OF THE UNITED STATES March 21, 2023 Mr. Hawley Committee on Finance A BILL To withdraw normal trade relations treatment from products of the People's Republic of China, and for other purposes. 1. Short title This Act may be cited as the Ending Normal Trade Relations with China Act of 2023 2. Withdrawal of normal trade relations treatment from the People’s Republic of China Notwithstanding title I of Public Law 106–286 (1) normal trade relations treatment shall not apply pursuant to section 101 of that Act to the products of the People’s Republic of China; (2) normal trade relations treatment may not thereafter be extended to the products of the People's Republic of China under the provisions of chapter 1 of title IV of the Trade Act of 1974 19 U.S.C. 2431 et seq. (3) the rates of duty set forth in column 2 of the Harmonized Tariff Schedule of the United States shall apply to all products of the People’s Republic of China; and (4) the President may proclaim increases in the rates of duty applicable to products of the People’s Republic of China to rates that are higher than the rates described in paragraph (3).

Ending Normal Trade Relations with China Act of 2023

Tribal Firearm Access Act This bill allows members of federally recognized Indian tribes to use their valid identification documents issued by tribal governments to obtain a firearm from a federally licensed dealer.

118 S909 IS: Tribal Firearm Access Act U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 909 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Mullin Mr. Thune Mr. Rounds Mrs. Hyde-Smith Mr. Cramer Mrs. Blackburn Mr. Scott of Florida Committee on the Judiciary A BILL To allow members of federally recognized Tribes to use their Tribal government identification documents in obtaining a firearm from a federally licensed firearms dealer. 1. Short title This Act may be cited as the Tribal Firearm Access Act 2. Allowing members of federally recognized Tribes to use their Tribal government identification documents in obtaining a firearm from a federally licensed firearms dealer (a) In general Section 922(t)(1)(D) of title 18, United States Code, is amended by inserting , or a valid identification document issued by a Tribal government (b) Definition Section 921(a) of such title is amended by adding at the end the following: (38) The term Tribal government 25 U.S.C. 5131(a) . (c) Effective date The amendments made by this section shall take effect on the date that is 90 days after the date of enactment of this Act.

Tribal Firearm Access Act

Forgotten Heroes of the Holocaust Congressional Gold Medal Act This bill provides for the award of a Congressional Gold Medal to 60 diplomats posthumously in recognition of their brave and vital service of saving Jews during World War II.

118 S91 IS: Forgotten Heroes of the Holocaust Congressional Gold Medal Act U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 91 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Hagerty Mr. Kaine Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to 60 diplomats, in recognition of their bravery and heroism during the Holocaust. 1. Short title This Act may be cited as the Forgotten Heroes of the Holocaust Congressional Gold Medal Act 2. Findings Congress finds the following: (1) The following diplomats will be honored posthumously: Per Anger (Sweden), Jose Maria Barreto (Peru), Lars Berg (Sweden), Philippe Bernardini (Vatican/Italy), Hiram (Harry) Bingham IV (United States), Friedrich Born (Switzerland), Manuel Antonio Muñoz Borrero (Ecuador), Carlos de Liz-Texeira Branquinho (Portugal), Eduardo Propper de Callejón (Spain), Samuel del Campo (Chile), Aracy Moebius Carvalho de Guimarães Rosa (Brazil), José Arturo Castellanos (El Salvador), Carl Ivan Danielsson (Sweden), Luis Martins de Souza Dantas (Brazil), Georg Ferdinand Duckwitz (Germany), Harald Feller (Switzerland), Francis (Frank) Foley (United Kingdom), Jean-Edouard Friedrich (Switzerland), Carlos Almeida Afonseca de Sampaio Garrido (Portugal), Raymond Herman Geist (United States), Feng-Shan Ho (China), Constantin Karadja (Romania), Alexander Kasser (Sándor Kasza) (Sweden/Hungary), Elow Kihlgren (Sweden), Joseph Willem (Joop) Kolkman (Netherlands), Julius Kühl (Switzerland), Aleksander Ładoś (Poland), Valdemar Langlet (Sweden), Charles (Carl) Lutz (Switzerland), George Mandel-Mantello (El Salvador), Florian Manoliu (Romania), Aristides de Sousa Mendes (Portugal), Salomon Jacob (Sally) Noach (Netherlands), Giorgio (Jorge) Perlasca (Spain/Italy), Ernst Prodolliet (Switzerland), Franjo Punčuch (Yugoslavia/Slovenia), Sebastián de Romero Radigales (Spain), Konstanty Rokicki (Poland), Angelo Giuseppe Roncalli (Vatican/Italy), Angelo Rotta (Vatican/Italy), Albert Emile Routier (Turkey), Stefan Ryniewicz (Poland), Gilberto Bosques Saldívar (Mexico), José Ruiz Santaella (Spain), Ángel Sanz-Briz (Spain), Abdol-Hossein Sardari (Iran), Henryk Slawik (Poland), Robert Smallbones (United Kingdom), Ján Spišiak (Slovakia), Chiune (Sempo) Sugihara (Japan), Ireanaeus Typaldos (Spain), Alexander (Sándor) Újváry (Vatican/Hungary), Selahattin Ülkümen (Turkey), Gennaro Verolino (Vatican/Italy), Vladimír Vochoč (Czech Republic), Ernst Vonrufs (Switzerland), Raoul Wallenberg (Sweden), Guelfo Zamboni (Italy), Peter Zürcher (Switzerland), and Jan Zwartendijk (Holland). (2) On September 1, 1939, Adolf Hitler and the Nazis began their invasion of Europe, which started World War II and threw the world into chaos. The Nazi plan of mass murder of the Jewish population was in full motion. As battles were being fought between countries, Jews were being rounded up and sent to concentration camps throughout Europe. This process began a mass exodus of people out of Europe, especially those in the Jewish community. (3) During the war, members of the Jewish community used every tool and means at their disposal to flee Nazi tyranny. Thousands tried to flee on trains or boats to escape from Europe. (4) While the armies of countries were fighting each other, a handful of diplomats, from around the world, stepped forward and took heroic actions to save Jews fleeing Europe. This was an incredibly dangerous process. If the Nazis discovered the actions of these diplomats they would be expelled, as a few of them were. Also, while worrying about the Nazis, diplomats had to worry about their careers and livelihoods back home. Many of them had strict orders from their home countries to not aid the Jewish population in any way. (5) These diplomats used every means at their disposal to help Jews fleeing persecution. One of the most powerful tools the diplomats had to use was the issuing of passports and travel visas contrary to the instruction of the governments of the diplomats. This process alone is responsible for saving hundreds of thousands of Jewish families in Europe. This was not the only tool used as many of the diplomats were connected with the local populations and were great communicators for Jews trying to travel underground. They were able set up safehouses and getaways to hide Jews and especially Jewish children from Nazi authorities. In the most dangerous of times, several of these diplomats confronted the Nazis directly on behalf of the Jews and personally put themselves in grave danger. (6) Every diplomat knew the dangers and knew what they were up against, and still pushed forward to save those in the most danger. (7) The Congressional Gold Medal authorized under this Act will help remind humanity that when the diplomats were faced with terrible crises, they went beyond the fold, including risking their careers and the lives of themselves and their families, to engage in this humanitarian mission. The diplomats of today and future generations can look towards these heroes and be inspired by their lives of heroism and sacrifice. 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 single gold medal of appropriate design in honor of the 60 diplomats identified in section 2(1), in recognition of their brave and vital service of saving Jews during World War II. (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 (c) Presentation of medal The gold medal presented under subsection (a) shall be presented to the eldest next of kin of each of the 60 diplomats identified in section 2(1), who shall receive the medal as part of a delegation consisting of a senior official representative of the country that each diplomat served and the cochairs of the Forgotten Heroes of the Holocaust Committee. (d) United States Holocaust Memorial Museum (1) In general Following the award of the gold medal in honor of the 60 diplomats identified in section 2(1), the gold medal shall be given to the United States Holocaust Memorial Museum, where it will be available for display as appropriate and available for research. (2) Sense of Congress It is the sense of Congress that the United States Holocaust Memorial Museum should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with Holocaust remembrance. 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 pursuant to 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.

Forgotten Heroes of the Holocaust Congressional Gold Medal Act

Saracini Enhanced Aviation Safety Act of 2023 This bill requires the Federal Aviation Administration to issue an order requiring installation of a secondary cockpit barrier on commercial passenger aircraft.

118 S911 IS: Saracini Enhanced Aviation Safety Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 911 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Casey Committee on Commerce, Science, and Transportation A BILL To require the installation of secondary cockpit barriers on existing aircraft, and for other purposes. 1. Short title This Act may be cited as the Saracini Enhanced Aviation Safety Act of 2023 2. Installation of secondary cockpit barriers on existing aircraft (a) In general Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order requiring installation of a secondary cockpit barrier on each covered aircraft. (b) Covered aircraft In this section, the term covered aircraft

Saracini Enhanced Aviation Safety Act of 2023

Innovation and Development in Ecuador Act of 2023 This bill adds Ecuador to the list of countries eligible for designation as a beneficiary country under the Caribbean Basin Economic Recovery Act. (Such a designation generally provides for duty-free entry of goods into the United States from the designated countries, although there are exclusions and limitations.)

118 S913 IS: Innovation and Development in Ecuador Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 913 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Risch Mr. Menendez Committee on Finance A BILL To make Ecuador eligible for designation as a beneficiary country under the Caribbean Basin Economic Recovery Act. 1. Short title This Act may be cited as the Innovation and Development in Ecuador Act of 2023 2. Eligibility of Ecuador for designation as a beneficiary country under Caribbean Basin Economic Recovery Act Section 212(b) of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2702(b) Dominica Ecuador .

Innovation and Development in Ecuador Act of 2023

Junk Fee Prevention Act This bill establishes requirements related to the fees charged by specified covered businesses, including those providing short-term lodging, ticketing services, internet service, mobile service, or video programming. It also requires air carriers to seat each young child next to an accompany adult during flights. Specifically, businesses providing short-term lodging or ticketing services must display the total price (including mandatory fees) of the offered good or service in each advertisement and when the price is first shown to the consumer. Further, ticketing services must (1) disclose any guarantee or refund policy for an event before the transaction is completed, and (2) disclose when they do not possess the ticket for an event at the time of sale. The bill also prohibits excessive or deceptive mandatory fees and provides the Federal Trade Commission and state attorneys general authority to enforce these requirements. Additionally, the bill prohibits internet service, mobile service, or video programming providers from charging excessive or unreasonable termination fees. The Federal Communications Commission (FCC) also must conduct a rulemaking to consider requiring such providers to disclose mandatory fees or prohibiting the services from imposing mandatory fees. The bill provides the FCC authority to enforce these requirements. Finally, the bill establishes requirements for air carriers to seat each child who is age 13 or younger next to an accompanying adult, subject to limited exceptions. The bill also requires air carriers to provide specified alternatives or a full refund in the event that such seating is not available.

118 S916 IS: Junk Fee Prevention Act U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 916 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Blumenthal Mr. Whitehouse Committee on Commerce, Science, and Transportation A BILL To limit and eliminate excessive, hidden, and unnecessary fees imposed on consumers, and for other purposes. 1. Short title This Act may be cited as the Junk Fee Prevention Act 2. Protecting consumers from excessive and hidden fees (a) Protecting consumers from hidden fees A covered entity shall clearly and conspicuously display, in each advertisement and when a price is first shown to a consumer, the total price of the good or service provided by the covered entity, including any mandatory fees a consumer would incur during the transaction, which shall not change during the purchase process. (b) Excessive fees A covered entity shall not impose on a consumer or advertise any mandatory fees that are excessive or deceptive for any good or service offered by the covered entity. (c) Ticket holdbacks If a good or service provided by a covered entity is a ticket to a sporting event, theater, musical performance, or an event at a place of public amusement of any kind, the covered entity shall, not less than 72 hours prior to the first public sale or presale of such ticket, clearly and conspicuously disclose to the public, including at the point of sale, the total number of tickets offered for sale by the covered entity or available for the given event. (d) Protecting refunds A covered entity shall clearly and conspicuously disclose any guarantee or refund policy prior to the completion of a transaction by the consumer and, in the event of a refund, provide a refund in the amount of the total cost of the ticket including any mandatory fees. (e) Speculative ticketing If a covered entity does not possess a ticket at the time of the sale, it shall provide to the consumer— (1) a clear and conspicuous notice that the covered entity does not possess the ticket; and (2) a full refund if the covered entity cannot provide the ticket advertised to the consumer in a timely manner prior to the event. (f) Rulemaking on excessive and hidden fees The Federal Trade Commission may promulgate rules in accordance with section 553 of title 5, United States Code, regarding the disclosure and imposition of mandatory or deceptive fees, including any such fee not described in subsections (a) through (e). (g) Excessive fees In considering whether a mandatory fee is excessive, the Federal Trade Commission or court shall take into consideration— (1) whether the fee is reasonable and proportional to the cost of the good or service provided by the covered entity; (2) the reason for which the covered entity charges such fee; and (3) any other factors determined appropriate by the Federal Trade Commission or the court. (h) Enforcement (1) Enforcement by the Commission (A) Unfair or deceptive acts or practices A violation this section or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (B) Powers of the Commission (i) In general The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (ii) Privileges and immunities Any person who violates this section or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (iii) Authority preserved Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (2) Enforcement by States (A) In general If the attorney general of a State has reason to believe that a covered entity has violated or is violating this section or a regulation promulgated thereunder that affects the residents of that State, the State, as parens patriae, may bring a civil action in any appropriate district court of the United States, to— (i) enjoin any further violation by the covered entity; (ii) enforce compliance with this section or such regulation; (iii) obtain other remedies permitted under State law; and (iv) obtain damages, restitution, or other compensation on behalf of residents of the State. (B) Notice The attorney general of a State shall provide prior written notice of any action under subparagraph (A) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. (C) Intervention by the Commission Upon receiving notice under subparagraph (B), the Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (D) Limitation on State action while Federal action is pending If the Commission has instituted a civil action for violation of this section or a regulation promulgated thereunder, no State attorney general, or official or agency of a State, may bring a separate action under subparagraph (A) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section or a regulation promulgated thereunder that is alleged in the complaint. A State attorney general, or official or agency of a State, may join a civil action for a violation of this section or a regulation promulgated thereunder filed by the Commission. (E) Rule of construction For purposes of bringing a civil action under subparagraph (A), nothing in this section shall be construed to prevent the chief law enforcement officer or official or agency of a State, from exercising the powers conferred on such chief law enforcement officer or official or agency of a State, by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (i) Definitions In this section: (1) Covered entity (A) In general The term covered entity (i) a provider of short-term lodging or an entity that advertises rates or the purchase of short-term lodging; (ii) a provider of a ticketing service that sells tickets for an event or retains the authority to otherwise distribute tickets for such event, whether as a primary seller of tickets or in the secondary marketplace for ticket sales; or (iii) any other entity determined appropriate by the Commission through a rulemaking in accordance with section 553 of title 5, United States Code. (B) Short-term lodging For purposes of subparagraph (A), the term short-term lodging (2) Mandatory fee The term mandatory fee (A) any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised; (B) a fee or surcharge that is not reasonably avoidable; (C) a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised; or (D) any other fee or surcharge determined appropriate by the Commission. 3. Communications service fees (a) Ending early termination fees (1) In general A provider of a covered service may not charge a fee to, or impose a requirement that is excessive or unreasonable on, a consumer for the early termination of a covered service. (2) Device purchase and return Subsection (a) shall not prevent a provider of a covered service from charging a consumer for— (A) the cost of rental or loan equipment that is not returned to the provider within a reasonable period of time; or (B) the outstanding cost of a purchased device. (3) Regulations The Federal Communications Commission may promulgate regulations to carry out this subsection. (b) Rulemaking on mandatory fees Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall commence a rulemaking proceeding— (1) to consider whether and how the Federal Communications Commission should— (A) require the disclosure of mandatory fees with respect to a covered service; or (B) prohibit the imposition of mandatory fees with respect to a covered service, in particular any such fee that a consumer would reasonably assume to be included in the advertised price of such service; and (2) in which the Federal Communications Commission may promulgate regulations to implement the requirements or prohibitions described in paragraph (1). (c) Enforcement (1) In general A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. (2) Manner of enforcement The Federal Communications Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. (d) Definitions In this section: (1) Covered service The term covered service (A) means— (i) internet service; (ii) voice service (as defined in section 227(e)(8) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8) (iii) commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) (iv) commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 (v) a service provided by a multichannel video programming distributor (as defined in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 (B) includes any other service offered or provided as part of a bundle or package with any service described in clauses (i) through (v) of subparagraph (A). (2) Mandatory fee The term mandatory fee (A) any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised; (B) a fee or surcharge that is not reasonably avoidable; (C) a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised; or (D) any other fee or surcharge determined appropriate by the Federal Communications Commission. 4. Seating young children adjacent to an accompanying adult passenger (a) In general Subchapter I of chapter 417 41727. Seating young children adjacent to an accompanying adult on aircraft. (a) Applicability The requirements of this section apply for the purposes of each scheduled flight segment to or from any airport in the United States. (b) General requirement (1) Assigned seats Subject to subsection (f), an air carrier or foreign air carrier that assigns seats, or allows individuals to select seats, in advance of the date of departure of a flight shall seat each young child adjacent to an accompanying adult, provided that adjacent seat assignments are available at any time after the ticket is issued for the young child and before the first passenger boards the flight. (2) Unassigned seats Subject to subsection (f), an air carrier or foreign air carrier that does not assign seats or allow individuals to select seats in advance of the date of departure shall board customers in a manner that ensures each young child is seated adjacent to an accompanying adult. (3) Prohibition on fees (A) In general An air carrier or foreign air carrier may not charge a fee or impose an additional cost to seat a young child adjacent to an accompanying adult within the same class of service. (B) Class of service requirement Every class of service an air carrier or foreign air carrier offers must allow for seating of a young child adjacent to an accompanying adult. (C) Prohibition on availability limits An air carrier or foreign air carrier may not limit the availability of adjacent seats in a manner that results in an undue burden on the ability of a young child to receive an advance seat assignment adjacent to an accompanying adult. (c) Additional requirements for advance seating (1) In general Subject to subsection (f), an air carrier or foreign air carrier that allows individuals to select seats or that assigns seats at the time of booking a flight shall provide, not later than 48 hours after the issuance of the ticket for each young child— (A) a seat assignment for the young child adjacent to the seat assignment of an accompanying adult for each flight segment of the ticket at no additional cost, provided that adjacent seat assignments are available; or (B) in the event that adjacent seat assignments are not available as described in subparagraph (A), an accompanying adult the choice of— (i) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; or (ii) waiting for adjacent seat assignments to be provided by the carrier. (2) Required option period The air carrier or foreign air carrier shall provide the accompanying adult a period of not less than 7 days from the date of notification of the choice described in paragraph (1)(B) to make a selection between the options described in clauses (i) and (ii) of such paragraph. (3) No available adjacent seat assignment In the event that an accompanying adult chooses the option described in paragraph (1)(B)(ii) and adjacent seat assignments for the young child and the accompanying adult on a ticketed flight segment do not become available before the first passenger boards the flight, the air carrier or foreign air carrier shall, at the choice of an accompanying adult— (A) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; or (B) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (d) Additional requirements To mitigate passenger harm in event of violation An air carrier or foreign air carrier that violates subsection (b) or (c) shall, at the choice of an accompanying adult— (1) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; (2) provide— (A) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; and (B) if such individuals are at a connecting airport, return air transportation for such individuals to their origination airport at no additional cost; or (3) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (e) Enforcement (1) In general An air carrier or foreign air carrier that violates a requirement of this section is subject to civil penalties as set forth in section 46301 and other applicable remedies under this part. (2) Investigations of complaints (A) In general The Secretary shall promptly investigate each complaint alleging a violation of this section that is received by the Department of Transportation. (B) Publication of data The Secretary shall publish data on complaints alleging violations of this section in a manner comparable to other consumer complaint data. (f) Exceptions Subsections (b) and (c) shall not apply to the extent that— (1) the young child does not have an accompanying adult traveling with such child; (2) an accompanying adult selects a seat apart from the young child or declines to accept a seat assignment or a seat that is adjacent to the seat assignment or seat of the young child offered without additional cost by the air carrier or foreign air carrier; (3) the number of young children traveling in the same party make it impossible for the air carrier or foreign air carrier to seat all the young children adjacent to an accompanying adult based on the seat layout of the aircraft; or (4) an exception to subsection (b) or (c) deemed appropriate by final rule of the Secretary applies. (g) Definitions In this section: (1) Accompanying adult The term accompanying adult (A) 14 years of age or older on the date of the scheduled departure of the flight; and (B) on the same reservation record as the young child. (2) Adjacent The term adjacent (A) next to and in the same row of the aircraft as the seat of the young child; and (B) not separated by an aisle. (3) Available The term available (A) an upgrade of a young child or an accompanying adult to a different class of service than ticketed; and (B) displacing an individual with an assigned seat. (4) Class of service The term class of service (5) No additional cost The term no additional cost (6) Secretary The term Secretary (7) Young child The term young child (h) Regulations The Secretary may issue regulations to implement this section, including regulations that amend the definitions in subsection (g). (i) Effective date This section shall take effect on the date that is 180 days after the date of the enactment of the this section. . (b) Clerical amendment The analysis of chapter 417 section 41726 41727. Seating young children adjacent to an accompanying adult on aircraft. . (c) Repeal of FAA Extension, Safety, and Security Act of 2016 family seating provision Section 2309 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 42301

Junk Fee Prevention Act

Securing Open Source Software Act of 2023 This bill sets forth the duties of the Cybersecurity and Infrastructure Security Agency (CISA) regarding open source software security. Open source software means software for which the human-readable source code is made available to the public for use, study, reuse, modification, enhancement, and redistribution. Specifically, CISA must perform outreach and engagement to bolster the security of open source software; support federal efforts to strengthen open source software security; coordinate with nonfederal entities on efforts to ensure long-term open source software security; serve as a public point of contact regarding open source software security for nonfederal entities; and support federal and nonfederal supply chain security efforts by encouraging efforts to bolster open source software security. CISA must (1) publish a framework, incorporating government, industry, and open source software community frameworks and best practices, for assessing the risk of open source software components; (2) update the framework at least annually; and (3) ensure, to the greatest extent practicable, that the framework is usable by the open source software community. The bill requires CISA to assess open source software components used by federal agencies based on the framework and provides for a pilot assessment of critical infrastructure. CISA's Cybersecurity Advisory Committee may establish a software security subcommittee. The Office of Management and Budget, in coordination with CISA, the Office of the National Cyber Director, and the General Services Administration, shall issue guidance on the responsibilities of the chief information officers at specified agencies regarding open source software.

107 S917 IS: Securing Open Source Software Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 917 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Peters Mr. Hawley Committee on Homeland Security and Governmental Affairs A BILL To establish the duties of the Director of the Cybersecurity and Infrastructure Security Agency regarding open source software security, and for other purposes. 1. Short title This Act may be cited as the Securing Open Source Software Act of 2023 2. Findings Congress finds that— (1) open source software fosters technology development and is an integral part of overall cybersecurity; (2) a secure, healthy, vibrant, and resilient open source software ecosystem is crucial for ensuring the national security and economic vitality of the United States; (3) open source software is part of the foundation of digital infrastructure that promotes a free and open internet; (4) due to both the unique strengths of open source software and inconsistent historical investment in open source software security, there exist unique challenges in securing open source software; and (5) the Federal Government should play a supporting role in ensuring the long-term security of open source software. 3. Open source software security duties (a) In general Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 650 et seq. (1) in section 2200 ( 6 U.S.C. 650 (A) by redesignating paragraphs (22) through (28) as paragraphs (25) through (31), respectively; and (B) by inserting after paragraph (21) the following: (22) Open source software The term open source software (23) Open source software community The term open source software community (A) develop, contribute to, maintain, and publish open source software; or (B) otherwise work to ensure the security of the open source software ecosystem. (24) Open source software component The term open source software component ; (2) in section 2202(c) ( 6 U.S.C. 652(c) (A) in paragraph (13), by striking and (B) by redesignating paragraph (14) as paragraph (15); and (C) by inserting after paragraph (13) the following: (14) support, including by offering services, the secure usage and deployment of software, including open source software, in the software development lifecycle at Federal agencies in accordance with section 2220E; and ; and (3) by adding at the end the following: 2220F. Open source software security duties (a) Definition In this section, the term software bill of materials (b) Employment The Director shall, to the greatest extent practicable, employ individuals in the Agency who— (1) have expertise and experience participating in the open source software community; and (2) perform the duties described in subsection (c). (c) Duties of the Director (1) In general The Director shall— (A) perform outreach and engagement to bolster the security of open source software; (B) support Federal efforts to strengthen the security of open source software; (C) coordinate, as appropriate, with non-Federal entities on efforts to ensure the long-term security of open source software; (D) serve as a public point of contact regarding the security of open source software for non-Federal entities, including State, local, Tribal, and territorial partners, the private sector, international partners, open source software organizations, and open source software developers; and (E) support Federal and non-Federal supply chain security efforts by encouraging efforts to bolster open source software security, such as— (i) assisting in coordinated vulnerability disclosures in open source software components pursuant to section 2209(n); and (ii) supporting the activities of the Federal Acquisition Security Council. (2) Assessment of critical open source software components (A) Framework Not later than 1 year after the date of enactment of this section, the Director shall publicly publish a framework, incorporating government, industry, and open source software community frameworks and best practices, including those published by the National Institute of Standards and Technology, for assessing the risk of open source software components, including direct and indirect open source software dependencies, which shall incorporate, at a minimum— (i) the security properties of code in a given open source software component, such as whether the code is written in a memory-safe programming language; (ii) the security practices of development, build, and release processes of a given open source software component, such as the use of multi-factor authentication by maintainers and cryptographic signing of releases; (iii) the number and severity of publicly known, unpatched vulnerabilities in a given open source software component; (iv) the breadth of deployment of a given open source software component; (v) the level of risk associated with where a given open source software component is integrated or deployed, such as whether the component operates on a network boundary or in a privileged location; and (vi) the health of the community for a given open source software component, including, where applicable, the level of current and historical investment and maintenance in the open source software component, such as the number and activity of individual maintainers. (B) Updating framework Not less frequently than annually after the date on which the framework is published under subparagraph (A), the Director shall— (i) determine whether updates are needed to the framework described in subparagraph (A), including the augmentation, addition, or removal of the elements described in clauses (i) through (vi) of such subparagraph; and (ii) if the Director determines that additional updates are needed under clause (i), make those updates to the framework. (C) Developing framework In developing the framework described in subparagraph (A), the Director shall consult with— (i) appropriate Federal agencies, including the National Institute of Standards and Technology; (ii) individuals and nonprofit organizations from the open source software community; and (iii) private companies from the open source software community. (D) Usability The Director shall ensure, to the greatest extent practicable, that the framework described in subparagraph (A) is usable by the open source software community, including through the consultation described in subparagraph (C). (E) Federal open source software assessment Not later than 1 year after the publication of the framework described in subparagraph (A), and not less frequently than every 2 years thereafter, the Director shall, to the greatest extent practicable and using the framework described in subparagraph (A)— (i) perform an assessment of open source software components used directly or indirectly by Federal agencies based on readily available, and, to the greatest extent practicable, machine readable, information, such as— (I) software bills of material that are, at the time of the assessment, made available to the Agency or are otherwise accessible via the internet; (II) software inventories, available to the Director at the time of the assessment, from the Continuous Diagnostics and Mitigation program of the Agency; and (III) other publicly available information regarding open source software components; and (ii) develop 1 or more ranked lists of components described in clause (i) based on the assessment, such as ranked by the criticality, level of risk, or usage of the components, or a combination thereof. (F) Automation The Director shall, to the greatest extent practicable, automate the assessment conducted under subparagraph (E). (G) Publication The Director shall publicly publish and maintain any tools developed to conduct the assessment described in subparagraph (E) as open source software. (H) Sharing (i) Results The Director shall facilitate the sharing of the results of the assessment described in subparagraph (E) with appropriate Federal and non-Federal entities working to support the security of open source software, including by offering means for appropriate Federal and non-Federal entities to download the assessment in an automated manner. (ii) Datasets The Director may publicly publish, as appropriate, any datasets or versions of the datasets developed or consolidated as a result of the assessment described in subparagraph (E). (I) Critical infrastructure assessment study and pilot (i) Study Not later than 2 years after the publication of the framework described in subparagraph (A), the Director shall conduct a study regarding the feasibility of the Director conducting the assessment described in subparagraph (E) for critical infrastructure entities. (ii) Pilot (I) In general If the Director determines that the assessment described in clause (i) is feasible, the Director may conduct a pilot assessment on a voluntary basis with 1 or more critical infrastructure sectors, in coordination with the Sector Risk Management Agency and the sector coordinating council of each participating sector. (II) Termination If the Director proceeds with the pilot described in clause (ii), the pilot shall terminate on the date that is 2 years after the date on which the Director begins the pilot. (iii) Reports (I) Study Not later than 180 days after the date on which the Director completes the study conducted under clause (i), the Director shall submit to the appropriate congressional committees a report that— (aa) summarizes the study; and (bb) states whether the Director plans to proceed with the pilot described in clause (ii). (II) Pilot If the Director proceeds with the pilot described in clause (ii), not later than 1 year after the date on which the Director begins the pilot, the Director shall submit to the appropriate congressional committees a report that includes— (aa) a summary of the results of the pilot; and (bb) a recommendation as to whether the activities carried out under the pilot should be continued after the termination of the pilot described in clause (ii)(II). (3) Coordination with National Cyber Director The Director shall— (A) brief the National Cyber Director on the activities described in this subsection; and (B) coordinate activities with the National Cyber Director, as appropriate. (4) Reports (A) In general Not later than 1 year after the date of enactment of this section, and every 2 years thereafter, the Director shall submit to the appropriate congressional committees a report that includes— (i) a summary of the work on open source software security performed by the Director during the period covered by the report, including a list of the Federal and non-Federal entities with which the Director interfaced; (ii) the framework developed under paragraph (2)(A); (iii) a summary of any updates made to the framework developed under paragraph (2)(A) pursuant to paragraph (2)(B) since the last report submitted under this subparagraph; (iv) a summary of the assessment conducted pursuant to paragraph (2)(E); (v) a summary of changes made to the assessment conducted pursuant to paragraph (2)(E) since the last report submitted under this subparagraph, including overall security trends; and (vi) a summary of the types of entities with which the assessment was shared pursuant to paragraph (2)(H), including a list of the Federal and non-Federal entities with which the assessment was shared. (B) Public report Not later than 30 days after the date on which the Director submits a report required under subparagraph (A), the Director shall make a version of the report publicly available on the website of the Agency. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 Sec. 2220F. Open source software security duties. . 4. Software security advisory subcommittee Section 2219(d)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 665e(d)(1) (E) Software security, including open source software security. . 5. Open source software guidance (a) Definitions In this section: (1) Appropriate congressional committee The term appropriate congressional committee 6 U.S.C. 101 (2) Covered agency The term covered agency (3) Director The term Director (4) National security system The term national security system (5) Open source software; open source software community The terms open source software open source software community 6 U.S.C. 650 (b) Guidance (1) In general Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall issue guidance on the responsibilities of the chief information officer at each covered agency regarding open source software, which shall include— (A) how chief information officers at each covered agency should, considering industry and open source software community best practices— (i) manage and reduce risks of using open source software; and (ii) guide contributing to and releasing open source software; (B) how chief information officers should enable, rather than inhibit, the secure usage of open source software at each covered agency; (C) any relevant updates to the Memorandum M–16–21 issued by the Office of Management and Budget on August 8, 2016, entitled, Federal Source Code Policy: Achieving Efficiency, Transparency, and Innovation through Reusable and Open Source Software (D) how covered agencies may contribute publicly to open source software that the covered agency uses, including how chief information officers should encourage those contributions. (2) Exemption of national security systems The guidance issued under paragraph (1) shall not apply to national security systems. (c) Pilot (1) In general Not later than 1 year after the date of enactment of this Act, the chief information officer of each covered agency selected under paragraph (2), in coordination with the Director, the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall establish a pilot open source function at the covered agency that— (A) is modeled after open source program offices, such as those in the private sector, the nonprofit sector, academia, and other non-Federal entities; and (B) shall— (i) support the secure usage of open source software at the covered agency; (ii) develop policies and processes for contributions to and releases of open source software at the covered agency, in consultation, as appropriate, with the offices of general counsel and procurement of the covered agency; (iii) interface with the open source software community; and (iv) manage and reduce risks of using open source software at the covered agency. (2) Selection of pilot agencies The Director, in coordination with the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall select not less than 1 and not more than 5 covered agencies to conduct the pilot described in paragraph (1). (3) Assessment Not later than 1 year after the establishment of the pilot open source functions described in paragraph (1), the Director, in coordination with the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall assess whether open source functions should be established at some or all covered agencies, including— (A) how to organize those functions within covered agencies, such as the creation of open source program offices; and (B) appropriate roles and responsibilities for those functions. (4) Guidance Notwithstanding the termination of the pilot open source functions under paragraph (5), if the Director determines, based on the assessment described in paragraph (3), that some or all of the open source functions should be established at some or all covered agencies, the Director, in coordination with the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall issue guidance on the implementation of those functions. (5) Termination The pilot open source functions described in paragraph (1) shall terminate not later than 4 years after the establishment of the pilot open source functions. (d) Briefing and report The Director shall— (1) not later than 1 year after the date of enactment of this Act, brief the appropriate congressional committees on the guidance issued under subsection (b); and (2) not later than 540 days after the establishment of the pilot open source functions under subsection (c)(1), submit to the appropriate congressional committees a report on— (A) the pilot open source functions; and (B) the results of the assessment conducted under subsection (c)(3). (e) Duties Section 3554(b) of title 44, United States Code, is amended— (1) in paragraph (7), by striking and (2) in paragraph (8), by striking the period at the end and inserting ; and (3) by adding at the end the following: (9) plans and procedures to ensure the secure usage and development of software, including open source software. . 6. Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to provide any additional regulatory authority to any Federal agency described therein.

Securing Open Source Software Act of 2023

A. Donald McEachin Environmental Justice For All Act This bill establishes several environmental justice requirements, advisory bodies, and programs to address the disproportionate adverse human health or environmental effects of federal laws or programs on communities of color, low-income communities, or tribal and indigenous communities. Specifically, the bill expands Title VI of the Civil Rights Act of 1964 to prohibit federally funded programs, policies, practices, or activities from causing disparate impacts on the basis of race, color, or national origin. Aggrieved persons may seek legal remedy when faced with such discrimination. In addition, the bill directs agencies to follow certain requirements concerning environmental justice, including new environmental review requirements under the National Environmental Policy Act of 1969. Further, it creates a variety of advisory bodies and positions, such as the White House Environmental Justice Interagency Council. Among other things, the council must issue an environmental justice strategy. It also establishes requirements and programs concerning chemicals or toxic ingredients in certain products. For example, the bill (1) requires certain products (e.g., cosmetics) to include a list of ingredients or warnings; and (2) provides grants for research on designing safer alternatives to chemicals in certain consumer, cleaning, toy, or baby products that have an inherent toxicity or that are associated with chronic adverse health effects. Finally, it creates a variety of funding programs, such as a grant program to enhance access to park and recreational opportunities in an urban areas.

118 S919 IS: A. Donald McEachin Environmental Justice For All Act U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 919 IN THE SENATE OF THE UNITED STATES March 22, 2023 Ms. Duckworth Mr. Booker Mr. Markey Mr. Blumenthal Ms. Warren Mr. Schatz Mr. Welch Mr. Sanders Ms. Smith Mr. Van Hollen Mr. Wyden Mr. Merkley Mr. Padilla Committee on Environment and Public Works A BILL To restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the A. Donald McEachin Environmental Justice For All Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; statement of policy. Sec. 3. Definitions. Sec. 4. Prohibited discrimination. Sec. 5. Right of action. Sec. 6. Rights of recovery. Sec. 7. Consideration of cumulative impacts and persistent violations in certain permitting decisions. Sec. 8. White House Environmental Justice Interagency Council. Sec. 9. Federal agency actions and responsibilities. Sec. 10. Ombuds. Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities. Sec. 12. Transit to trails grant program. Sec. 13. Repeal of sunset for the Every Kid Outdoors program. Sec. 14. Protections for environmental justice communities against harmful Federal actions. Sec. 15. Strengthening Community Protections under the National Environmental Policy Act of 1969. Sec. 16. Training of employees of Federal agencies. Sec. 17. Environmental justice grant programs. Sec. 18. Environmental justice basic training program. Sec. 19. National Environmental Justice Advisory Council. Sec. 20. Environmental Justice Clearinghouse. Sec. 21. Public meetings. Sec. 22. Environmental projects for environmental justice communities. Sec. 23. Grants to further achievement of Tribal coastal zone objectives. Sec. 24. Cosmetic labeling. Sec. 25. Safer cosmetic alternatives for disproportionately impacted communities. Sec. 26. Safer child care centers, schools, and homes for disproportionately impacted communities. Sec. 27. Certain menstrual products misbranded if labeling does not include ingredients. Sec. 28. Support by National Institute of Environmental Health Sciences for research on health disparities impacting communities of color. Sec. 29. Revenues for just transition assistance. Sec. 30. Economic revitalization for fossil fuel-dependent communities. Sec. 31. Evaluation by Comptroller General of the United States. 2. Findings; statement of policy (a) Findings Congress finds that— (1) communities of color, low-income communities, Tribal and Indigenous communities, fossil fuel-dependent communities, and other vulnerable populations, such as persons with disabilities, children, and the elderly, are disproportionately burdened by environmental hazards that include exposure to polluted air, waterways, and landscapes; (2) environmental justice disparities are also exhibited through a lack of equitable access to green spaces, public recreation opportunities, and information and data on potential exposure to environmental hazards; (3) communities experiencing environmental injustice have been subjected to systemic racial, social, and economic injustices and face a disproportionate burden of adverse human health or environmental effects, a higher risk of intentional, unconscious, and structural discrimination, and disproportionate energy burdens; (4) environmental justice communities have been made more vulnerable to the effects of climate change due to a combination of factors, particularly the legacy of segregation and historically racist zoning codes, and often have the least resources to respond, making it a necessity for environmental justice communities to be meaningfully engaged as partners and stakeholders in government decision making as the United States builds its climate resilience; (5) potential environmental and climate threats to environmental justice communities merit a higher level of engagement, review, and consent to ensure that communities are not forced to bear disproportionate environmental and health impacts; (6) the burden of proof that a proposed action will not harm communities, including through cumulative exposure effects, should fall on polluting industries and on the Federal Government in its regulatory role, not the communities themselves; (7) Executive Order 12898 ( 42 U.S.C. 4321 (8) Government action to correct environmental injustices is a moral imperative, and Federal policy can and should improve public health and improve the overall well-being of all communities; (9) all people have the right to breathe clean air, drink clean water, live free of dangerous levels of toxic pollution, and share the benefits of a prosperous and vibrant pollution-free economy; (10) a fair and just transition to a pollution-free economy is necessary to ensure that workers and communities in deindustrialized areas have access to the resources and benefits of a sustainable future, and that transition must also address the economic disparities experienced by residents living in areas contaminated by pollution or environmental degradation, including access to jobs, and members of those communities must be fully and meaningfully involved in transition planning processes; and (11) it is the responsibility of the Federal Government to seek to achieve environmental justice, health equity, and climate justice for all communities. (b) Statement of policy It is the policy of Congress that each Federal agency should— (1) seek to achieve environmental justice as part of its mission by identifying and addressing, as appropriate, disproportionately adverse human health or environmental effects of its programs, policies, practices, and activities on communities of color, low-income communities, and Tribal and Indigenous communities in each State and territory of the United States; (2) promote meaningful involvement by communities and due process in the development, implementation, and enforcement of environmental laws; (3) provide direct guidance and technical assistance to communities experiencing environmental injustice focused on increasing shared understanding of the science, laws, regulations, and policy related to Federal agency action on environmental justice issues; (4) cooperate with State governments, Indian Tribes, and local governments to address pollution and public health burdens in communities experiencing environmental injustice, and build healthy, sustainable, and resilient communities; and (5) recognize the right of all people to clean air, safe and affordable drinking water, protection from climate hazards, and the sustainable preservation of the ecological integrity and aesthetic, scientific, cultural, and historical values of the natural environment. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Advisory council The term Advisory Council (3) Clearinghouse The term Clearinghouse (4) Community of color The term community of color (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (I) Middle Eastern and North African. (5) Director The term Director (6) Disparate impact The term disparate impact (7) Disproportionate burden of adverse human health or environmental effects The term disproportionate burden of adverse human health or environmental effects (8) Environmental justice The term environmental justice (A) the same degree of protection from environmental and health hazards; and (B) equal access and involvement with respect to any Federal agency action on environmental justice issues in order to have a healthy environment in which to live, learn, work, and recreate. (9) Environmental justice community The term environmental justice community (10) Environmental law The term environmental law (A) the Clean Air Act ( 42 U.S.C. 7401 et seq. (B) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (C) the Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq. (D) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (E) the Pollution Prevention Act of 1990 ( 42 U.S.C. 13101 et seq. (F) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (G) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (H) the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. (I) the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. (J) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act 42 U.S.C. 1996 et seq. (K) division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act (11) Fair treatment The term fair treatment (12) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (13) Local government The term local government (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate governmental entity, or agency or instrumentality of a local government; or (B) an Indian Tribe, an authorized Tribal organization, or an Alaska Native village or organization. (14) Low-income community The term low-income community (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (15) Population The term population (16) State The term State (A) any State of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the United States Virgin Islands; (E) Guam; (F) American Samoa; and (G) the Commonwealth of the Northern Mariana Islands. (17) Tribal and Indigenous community The term Tribal and Indigenous community (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native community or organization; (D) a Native Hawaiian community or organization; or (E) any other Indigenous community located in a State. (18) White House interagency council The term White House interagency council (19) Tribal organization The term Tribal organization (A) a Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (B) a Native Hawaiian organization (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 (C) an urban Indian Organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 4. Prohibited discrimination Section 601 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d (1) by striking No (a) No (2) by adding at the end the following: (b) (1) (A) Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title if— (i) an entity subject to this title (referred to in this subsection as a covered entity (ii) a less discriminatory alternative program, policy, practice, or activity exists, and the covered entity refuses to adopt such alternative program, policy, practice, or activity. (B) With respect to demonstrating that a particular program, policy, practice, or activity does not cause a disparate impact, the covered entity shall demonstrate that each particular challenged program, policy, practice, or activity does not cause a disparate impact, except that if the covered entity demonstrates to the courts that the elements of the covered entity’s decision-making process are not capable of separation for analysis, the decision-making process may be analyzed as 1 program, policy, practice, or activity. (2) A demonstration that a program, policy, practice, or activity is necessary to achieve the goals of a program, policy, practice, or activity may not be used as a defense against a claim of intentional discrimination under this title. (3) In this subsection— (A) the term demonstrates (B) the term disparate impact A. Donald McEachin Environmental Justice For All Act (c) No person in the United States shall be subjected to discrimination, including retaliation or intimidation, because such person opposed any program, policy, practice, or activity prohibited by this title, or because such person made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title. . 5. Right of action (a) In general Section 602 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–1 (1) by inserting (a) Each Federal department and agency which is empowered (2) by adding at the end the following: (b) Any person aggrieved by the failure to comply with this title, including any regulation promulgated pursuant to this title, may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties. . (b) Effective date (1) In general This section, including the amendments made by this section, takes effect on the date of enactment of this Act. (2) Application This section, including the amendments made by this section, applies to all actions or proceedings pending on or after the date of enactment of this Act. 6. Rights of recovery Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 602A. Actions brought by aggrieved persons (a) Claims based on proof of intentional discrimination In an action brought by an aggrieved person under this title against an entity subject to this title (referred to in this section as a covered entity (b) Claims based on the disparate impact standard of proof In an action brought by an aggrieved person under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title (including implementing regulations), the aggrieved person may recover attorney’s fees (including expert fees), and costs of the action. (c) Definitions In this section: (1) Aggrieved person The term aggrieved person (2) Disparate impact The term disparate impact A. Donald McEachin Environmental Justice For All Act . 7. Consideration of cumulative impacts and persistent violations in certain permitting decisions (a) Federal water pollution control act Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (1) by striking the section designation and heading and all that follows through Except as 402. National pollutant discharge elimination system (a) Permits issued by administrator (1) In general Except as ; (2) in subsection (a)— (A) in paragraph (1)— (i) by striking upon condition that such discharge will meet either (A) all subject to the conditions that— (A) the discharge will achieve compliance with, as applicable— (i) all ; (ii) by striking 403 of this Act, or (B) prior 403; or (ii) prior ; and (iii) by striking this Act. this Act; and (B) with respect to the issuance or renewal of the permit— (i) based on an analysis by the Administrator of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act ( 42 U.S.C. 7661 (ii) if the Administrator determines that, due to those potential cumulative impacts, there does not exist a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, the permit or renewal includes such terms and conditions as the Administrator determines to be necessary to ensure a reasonable certainty of no harm. ; and (B) in paragraph (2), by striking assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. ensure compliance with the requirements of paragraph (1), including— (A) conditions relating to— (i) data and information collection; (ii) reporting; and (iii) such other requirements as the Administrator determines to be appropriate; and (B) additional controls or pollution prevention requirements. ; and (3) in subsection (b)— (A) in each of paragraphs (1)(D), (2)(B), and (3) through (7), by striking the semicolon at the end and inserting a period; (B) in paragraph (8), by striking ; and (C) by adding at the end the following: (10) To ensure that no permit will be issued or renewed if, with respect to an application for the permit, the State determines, based on an analysis by the State of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act ( 42 U.S.C. 7661 . (b) Clean air act (1) Definitions Section 501 of the Clean Air Act ( 42 U.S.C. 7661 (A) in the matter preceding paragraph (1), by striking As used in this title— In this title: (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5), and (4), respectively, and moving the paragraphs so as to appear in numerical order; and (C) by inserting after paragraph (1) the following: (2) Cumulative impacts The term cumulative impacts (A) including— (i) environmental pollution released— (I) (aa) routinely; (bb) accidentally; or (cc) otherwise; and (II) from any source, whether single or multiple; and (ii) as assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and (B) evaluated taking into account sensitive populations and other factors that may heighten vulnerability to environmental pollution and associated health risks, including socioeconomic characteristics. . (2) Permit programs Section 502(b) of the Clean Air Act ( 42 U.S.C. 7661a(b) (A) in paragraph (5)— (i) in subparagraphs (A) and (C), by striking assure ensure (ii) by striking subparagraph (F) and inserting the following: (F) ensure that no permit will be issued or renewed, as applicable, if— (i) with respect to an application for a permit or renewal of a permit for a major source, the permitting authority determines under paragraph (9)(A)(i)(II)(bb) that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of the applicable census block groups or Tribal census block groups (as those terms are defined by the Director of the Bureau of the Census); or (ii) the Administrator objects to the issuance of the permit in a timely manner under this title. ; and (B) by striking paragraph (9) and inserting the following: (9) Major sources (A) In general With respect to any permit or renewal of a permit, as applicable, for a major source, a requirement that the permitting authority shall— (i) in determining whether to issue or renew the permit— (I) evaluate the potential cumulative impacts of the major source, as described in the applicable cumulative impacts analysis submitted under section 503(b)(3), taking into consideration other pollution sources and risk factors within a community; (II) if, due to those potential cumulative impacts, the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of any census block groups or Tribal census block groups (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the major source is, or is proposed to be, located— (aa) include in the permit or renewal such standards and requirements (including additional controls or pollution prevention requirements) as the permitting authority determines to be necessary to ensure a reasonable certainty of no such harm; or (bb) if the permitting authority determines that standards and requirements described in item (aa) would not be sufficient to ensure a reasonable certainty of no such harm, deny the issuance or renewal of the permit; (III) determine whether the applicant is a persistent violator, based on such criteria relating to the history of compliance by an applicant with this Act as the Administrator shall establish by not later than 180 days after the date of enactment of the A. Donald McEachin Environmental Justice For All Act (IV) if the permitting authority determines under subclause (III) that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause (II)(bb)— (aa) require the applicant to submit a plan that describes— (AA) if the applicant is not in compliance with this Act, measures the applicant will carry out to achieve that compliance, together with an approximate deadline for that achievement; (BB) measures the applicant will carry out, or has carried out to ensure the applicant will remain in compliance with this Act, and to mitigate the environmental and health effects of noncompliance; and (CC) the measures the applicant has carried out in preparing the plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan; and (bb) once such a plan is submitted, determine whether the plan is adequate to ensuring that the applicant— (AA) will achieve compliance with this Act expeditiously; (BB) will remain in compliance with this Act; (CC) will mitigate the environmental and health effects of noncompliance; and (DD) has solicited and responded to community input regarding the plan; and (V) deny the issuance or renewal of the permit if the permitting authority determines that— (aa) the plan submitted under subclause (IV)(aa) is inadequate; or (bb) (AA) the applicant has submitted a plan on a prior occasion, but continues to be a persistent violator; and (BB) no indication exists of extremely exigent circumstances excusing the persistent violations; and (ii) in the case of such a permit with a term of 3 years or longer, require permit revisions in accordance with subparagraph (B). (B) Revision requirements (i) Deadline A revision described in subparagraph (A)(ii) shall occur as expeditiously as practicable and consistent with the procedures established under paragraph (6) but not later than 18 months after the promulgation of such standards and regulations. (ii) Exception A revision under this paragraph shall not be required if the effective date of the standards or regulations is a date after the expiration of the permit term. (iii) Treatment as renewal A permit revision under this paragraph shall be treated as a permit renewal if it complies with the requirements of this title regarding renewals. . (3) Permit applications Section 503(b) of the Clean Air Act ( 42 U.S.C. 7661b(b) (3) Major source analyses The regulations required by section 502(b) shall include a requirement that an applicant for a permit or renewal of a permit for a major source shall submit, together with the compliance plan required under this subsection, a cumulative impacts analysis for each census block group or Tribal census block group (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the major source is, or is proposed to be, located that analyzes— (A) community demographics and locations of community exposure points, such as schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; (B) air quality and the potential effect on that air quality of emissions of air pollutants (including pollutants listed under section 108 or 112) from the major source, including in combination with existing sources of pollutants; (C) the potential effects on soil quality and water quality of emissions of lead and other air pollutants that could contaminate soil or water from the major source, including in combination with existing sources of pollutants; and (D) public health and any potential effects on public health from the major source. . 8. White House Environmental Justice Interagency Council (a) In general The President shall maintain within the Executive Office of the President a White House Environmental Justice Interagency Council. (b) Purposes The purposes of the White House interagency council are— (1) to improve coordination and collaboration among Federal agencies and to help advise and assist Federal agencies in identifying and addressing, as appropriate, the disproportionate human health and environmental effects of Federal programs, policies, practices, and activities on communities of color, low-income communities, and Tribal and Indigenous communities; (2) to promote meaningful involvement and due process in the development, implementation, and enforcement of environmental laws; (3) to coordinate with, and provide direct guidance and technical assistance to, environmental justice communities, with a focus on capacity building and increasing community understanding of the science, regulations, and policy related to Federal agency actions on environmental justice issues; (4) to address environmental health, pollution, and public health burdens in environmental justice communities, and build healthy, sustainable, and resilient communities; and (5) to develop and update a strategy to address current and historical environmental injustice, in consultation with the National Environmental Justice Advisory Council and local environmental justice leaders, that includes— (A) clear performance metrics to ensure accountability; and (B) an annually published public performance scorecard on the implementation of the White House interagency council. (c) Composition The White House interagency council shall be composed of members as follows (or their designee): (1) The Secretary of Agriculture. (2) The Secretary of Commerce. (3) The Secretary of Defense. (4) The Secretary of Education. (5) The Secretary of Energy. (6) The Secretary of Health and Human Services. (7) The Secretary of Homeland Security. (8) The Secretary of Housing and Urban Development. (9) The Secretary of the Interior. (10) The Attorney General. (11) The Secretary of Labor. (12) The Secretary of Transportation. (13) The Administrator of the Environmental Protection Agency. (14) The Director of the Office of Management and Budget. (15) The Director of the Office of Science and Technology Policy. (16) The Deputy Assistant to the President for Environmental Policy. (17) The Assistant to the President for Domestic Policy. (18) The Director of the National Economic Council. (19) The Chair of the Council on Environmental Quality. (20) The Chairperson of the Council of Economic Advisers. (21) The Director of the National Institutes of Health. (22) The Director of the Office of Environmental Justice. (23) The Chairperson of the Consumer Product Safety Commission. (24) The Chairperson of the Chemical Safety Board. (25) The Director of the National Park Service. (26) The Assistant Secretary of the Bureau of Indian Affairs. (27) The Chairperson of the National Environmental Justice Advisory Council. (28) The head of any other agency that the President may designate. (d) Governance The Chair of the Council on Environmental Quality shall serve as Chairperson of the White House interagency council. (e) Reporting to President The White House interagency council shall report to the President through the Chair of the Council on Environmental Quality. (f) Uniform consideration guidance (1) In general To ensure that there is a common level of understanding of terminology used in dealing with environmental justice issues, not later than 1 year after the date of enactment of this Act, after coordinating with and conducting outreach to environmental justice communities, State governments, Indian Tribes, and local governments, the White House interagency council shall develop and publish in the Federal Register a guidance document to assist Federal agencies in defining and applying the following terms: (A) Health disparities. (B) Environmental exposure disparities. (C) Demographic characteristics, including age, sex, and race or ethnicity. (D) Social stressors, including poverty, housing quality, access to health care, education, immigration status, linguistic isolation, historical trauma, and lack of community resources. (E) Cumulative impacts or risks. (F) Community vulnerability or susceptibility to adverse human health and environmental effects (including climate change). (G) Barriers to meaningful involvement in the development, implementation, and enforcement of environmental laws. (H) Community capacity to address environmental concerns, including the capacity to obtain equitable access to environmental amenities. (2) Public comment For a period of not less than 30 days, the White House interagency council shall seek public comment on the guidance document developed under paragraph (1). (3) Documentation Not later than 90 days after the date of publication of the guidance document under paragraph (1), the head of each Federal agency participating in the White House interagency council shall document the ways in which the Federal agency will incorporate guidance from the document into the environmental justice strategy of the Federal agency developed and finalized under section 9(b). (g) Development of interagency Federal environmental justice strategy (1) In general Not less frequently than once every 3 years, after notice and opportunity for public comment, the White House interagency council shall update a coordinated interagency Federal environmental justice strategy to address current and historical environmental injustice. (2) Development of strategy In carrying out paragraph (1), the White House interagency council shall— (A) consider the most recent environmental justice strategy of each Federal agency that participates in the White House interagency council that is developed and finalized under section 9(b); (B) consult with the National Environmental Justice Advisory Council and local environmental justice leaders; and (C) include in the interagency Federal environmental justice strategy clear performance metrics to ensure accountability. (3) Annual performance scorecard The White House interagency council shall annually publish a public performance scorecard on the implementation of the interagency Federal environmental justice strategy. (h) Submission of report to President (1) In general Not later than 180 days after updating the interagency Federal environmental justice strategy under subsection (g)(1), the White House interagency council shall submit to the President a report that contains— (A) a description of the implementation of the interagency Federal environmental justice strategy; and (B) a copy of the finalized environmental justice strategy of each Federal agency that participates in the White House interagency council that is developed and finalized under section 9(b). (2) Public availability The head of each Federal agency that participates in the White House interagency council shall make the report described in paragraph (1) available to the public (including by posting a copy of the report on the website of each Federal agency). (i) Administration (1) Office of Administration The Office of Administration within the Executive Office of the President shall provide funding and administrative support for the White House interagency council, to the extent permitted by law and within existing appropriations. (2) Other agencies To the extent permitted by law, including section 1535 of title 31, United States Code (commonly known as the Economy Act (j) Meetings and staff (1) Chair The Chair of the Council on Environmental Quality shall— (A) convene regular meetings of the White House interagency council; (B) determine the agenda of the White House interagency council in accordance with this section; and (C) direct the work of the White House interagency council. (2) Executive Director The Chair of the Council on Environmental Quality shall designate an Executive Director of the White House interagency council, who shall coordinate the work of, and head any staff assigned to, the White House interagency council. (k) Officers To facilitate the work of the White House interagency council, the head of each agency described in subsection (c) shall assign a designated official within the agency to be an Environmental Justice Officer, with the authority— (1) to represent the agency on the White House interagency council; and (2) to perform such other duties relating to the implementation of this section within the agency as the head of the agency determines to be appropriate. (l) Establishment of subgroups At the direction of the Chair of the Council on Environmental Quality, the White House interagency council may establish 1 or more subgroups consisting exclusively of White House interagency council members or their designees under this section, as appropriate. 9. Federal agency actions and responsibilities (a) Conduct of programs Each Federal agency that participates in the White House interagency council shall conduct each program, policy, practice, and activity of the Federal agency that adversely affects, or has the potential to adversely affect, human health or the environment in a manner that ensures that each such program, policy, practice, or activity does not have an effect of excluding any individual from participating in, denying any individual the benefits of, or subjecting any individual to discrimination or disparate impact under, such program, policy, practice, or activity of the Federal agency on the basis of the race, color, national origin, or income level of the individual. (b) Federal agency environmental justice strategies (1) In general Not later than 2 years after the date of enactment of this Act, and after notice and opportunity for public comment, each Federal agency that participates in the White House interagency council shall develop and finalize an agencywide environmental justice strategy that— (A) identifies staff to support implementation of the Federal agency’s environmental justice strategy; (B) identifies and addresses any disproportionately high or adverse human health or environmental effects of its programs, policies, practices, and activities on— (i) communities of color; (ii) low-income communities; and (iii) Tribal and Indigenous communities; and (C) complies with each requirement described in paragraph (2). (2) Contents Each environmental justice strategy developed by a Federal agency under paragraph (1) shall contain— (A) an assessment that identifies each program, policy, practice, and activity (including any public participation process) of the Federal agency, relating to human health or the environment that the Federal agency determines should be revised— (i) to ensure that all persons have the same degree of protection from environmental and health hazards; (ii) to ensure meaningful public involvement and due process in the development, implementation, and enforcement of all Federal laws; (iii) to improve direct guidance and technical assistance to environmental justice communities with respect to the understanding of the science, regulations, and policy related to Federal agency action on environmental justice issues; (iv) to improve awareness of environmental justice issues relating to agency activities, including awareness among impacted parents and children in environmental justice communities; (v) to improve cooperation with State governments, Indian Tribes, and local governments to address pollution and public health burdens in environmental justice communities, and build healthy, sustainable, and resilient communities; (vi) to improve Federal research and data collection efforts related to— (I) the health and environment of communities of color, low-income communities, and Tribal and Indigenous communities; (II) climate change; and (III) the inequitable distribution of burdens and benefits of the management and use of natural resources, including water, minerals, and land; and (vii) to reduce or eliminate disproportionately adverse human health or environmental effects on communities of color, low-income communities, and Tribal and Indigenous communities; and (B) a timetable for the completion of— (i) each revision identified under subparagraph (A); and (ii) an assessment of the economic and social implications of each revision identified under subparagraph (A). (3) Reports (A) Annual reports Not later than 2 years after the finalization of an environmental justice strategy under this subsection, and annually thereafter, a Federal agency that participates in the White House interagency council shall submit to the White House interagency council a report describing the progress of the Federal agency in implementing the environmental justice strategy of the Federal agency. (B) Periodic reports In addition to the annual reports described in subparagraph (A), upon receipt of a request from the White House interagency council, a Federal agency shall submit to the White House interagency council a report that contains such information as the White House interagency council may require. (4) Revision of agencywide environmental justice strategy Not later than 5 years after the date of enactment of this Act, each Federal agency that participates in the White House interagency council shall— (A) evaluate and revise the environmental justice strategy of the Federal agency; and (B) submit to the White House interagency council a copy of the revised version of the environmental justice strategy of the Federal agency. (5) Petition (A) In general The head of a Federal agency may submit to the President a petition for an exemption of any requirement described in this section with respect to any program or activity of the Federal agency if the head of the Federal agency determines that complying with such requirement would compromise the agency’s ability to carry out its core missions. (B) Availability to public Each petition submitted by a Federal agency to the President under subparagraph (A) shall be made available to the public (including through a description of the petition on the website of the Federal agency). (C) Consideration In determining whether to grant a petition for an exemption submitted by a Federal agency to the President under subparagraph (A), the President shall make a decision that reflects both the merits of the specific case and the broader national interest in breaking cycles of environmental injustice, and shall consider whether the granting of the petition would likely— (i) result in disproportionately adverse human health or environmental effects on communities of color, low-income communities, and Tribal and Indigenous communities; or (ii) exacerbate, or fail to ameliorate, any disproportionately adverse human health or environmental effect on any community of color, low-income community, or Tribal and Indigenous community. (D) Appeal (i) In general Not later than 90 days after the date on which the President approves a petition under this paragraph, an individual may appeal the decision of the President to approve the petition. (ii) Written appeal (I) In general To appeal a decision of the President under clause (i), an individual shall submit a written appeal to— (aa) the Council on Environmental Quality; (bb) the Deputy Assistant to the President for Environmental Policy; or (cc) the Assistant to the President for Domestic Policy. (II) Contents A written appeal shall contain a description of each reason why the exemption that is the subject of the petition is unnecessary. (iii) Requirement of President Not later than 90 days after the date on which an agency or officer described in clause (ii)(I) receives a written appeal submitted by an individual under that clause, the President shall provide to the individual a written notification describing the decision of the President with respect to the appeal. (c) Human health and environmental research, data collection, and analysis (1) Research Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall— (A) in conducting environmental, public access, or human health research, include diverse segments of the population in epidemiological and clinical studies, including segments at high risk from environmental hazards, such as communities of color, low-income communities, and Tribal and Indigenous communities; (B) in conducting environmental or human health analyses, identify multiple and cumulative exposures, including potentially exacerbated risks due to current and future climate impacts; and (C) actively encourage and solicit community-based science, and provide to communities of color, low-income communities, and Tribal and Indigenous communities the opportunity to comment on and participate in the development and design of research strategies carried out pursuant to this Act. (2) Disproportionate impact To the maximum extent practicable and permitted by applicable law (including section 552a of title 5, United States Code (commonly known as the Privacy Act (A) collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, income, or other readily available and appropriate information; and (B) use that information to determine whether the programs, policies, and activities of the Federal agency have disproportionally adverse human health or environmental effects on communities of color, low-income communities, and Tribal and Indigenous communities. (3) Information relating to non-Federal facilities In connection with the implementation of Federal agency environmental justice strategies under subsection (b), each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for communities of color, low-income communities, and Tribal and Indigenous communities in proximity to any facility or site expected to have a substantial environmental, human health, or economic effect on the surrounding populations, if the facility or site becomes the subject of a substantial Federal environmental administrative or judicial action. (4) Impact from Federal facilities Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for communities of color, low-income communities, and Tribal and Indigenous communities in proximity to any facility of the Federal agency that is— (A) subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act of 1986 ( 42 U.S.C. 11001 et seq. 42 U.S.C. 4321 (B) expected to have a substantial environmental, human health, or economic effect on surrounding populations. (d) Consumption of fish and wildlife (1) In general Each Federal agency shall develop, publish (unless prohibited by law), and revise, as practicable and appropriate, guidance on actions of the Federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence. (2) Requirement The guidance described in paragraph (1) shall— (A) reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife; and (B) publish the risks of such consumption patterns. (e) Mapping and screening tool The Administrator shall make available to the public an environmental justice mapping and screening tool (such as EJScreen or an equivalent tool) that includes, at a minimum, the following features: (1) Nationally consistent data. (2) Environmental data. (3) Demographic data, including data relating to race, ethnicity, and income. (4) Capacity to produce maps and reports by geographical area. (5) Data on national parks and other federally protected natural, historic, and cultural sites. (f) Judicial review and rights of action Any person may commence a civil action— (1) to seek relief from, or to compel, an agency action under this section (including regulations promulgated pursuant to this section); or (2) otherwise to ensure compliance with this section (including regulations promulgated pursuant to this section). (g) Information sharing In carrying out this section, each Federal agency, to the maximum extent practicable and permitted by applicable law, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with State governments, local governments, and Indian Tribes. (h) Codification of guidance (1) Council on Environmental Quality Sections II and III of the guidance issued by the Council on Environmental Quality entitled Environmental Justice Guidance Under the National Environmental Policy Act (2) Environmental Protection Agency The guidance issued by the Environmental Protection Agency entitled EPA Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal Treaty Rights 10. Ombuds (a) Establishment The Administrator shall establish within the Environmental Protection Agency a position of Environmental Justice Ombuds. (b) Reporting The Environmental Justice Ombuds— (1) shall report directly to the Administrator; and (2) shall not be required to report to the Office of Environmental Justice of the Environmental Protection Agency. (c) Functions The Environmental Justice Ombuds shall— (1) in coordination with the Inspector General of the Environmental Protection Agency, establish an independent, neutral, accessible, confidential, and standardized process— (A) to receive, review, and process complaints and allegations with respect to environmental justice programs and activities of the Environmental Protection Agency; and (B) to assist individuals in resolving complaints and allegations described in subparagraph (A), including training on restorative justice and conflict resolution; (2) identify and thereafter review, examine, and make recommendations to the Administrator to address recurring and chronic complaints regarding specific environmental justice programs and activities of the Environmental Protection Agency identified by the Ombuds pursuant to paragraph (1); (3) review the Environmental Protection Agency’s compliance with policies and standards of the Environmental Protection Agency with respect to its environmental justice programs and activities; and (4) produce an annual report that details the findings of the regional staff, feedback received from environmental justice communities, and recommendations to increase cooperation between the Environmental Protection Agency and environmental justice communities. (d) Availability of report The Administrator shall make each report produced pursuant to subsection (c) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (e) Regional staff (1) Authority of Environmental Justice Ombuds The Administrator shall allow the Environmental Justice Ombuds to hire such staff as the Environmental Justice Ombuds determines to be necessary to carry out at each regional office of the Environmental Protection Agency the functions of the Environmental Justice Ombuds described in subsection (c). (2) Purposes Staff hired pursuant to paragraph (1) shall— (A) foster cooperation between the Environmental Protection Agency and environmental justice communities; (B) consult with environmental justice communities on the development of policies and programs of the Environmental Protection Agency; (C) receive feedback from environmental justice communities on the performance of the Environmental Protection Agency; and (D) compile and submit to the Environmental Justice Ombuds such information as may be necessary for the Ombuds to produce the annual report described in subsection (c). (3) Full-time position Each individual hired by the Environmental Justice Ombuds under paragraph (1) shall be hired as a full-time employee of the Environmental Protection Agency. 11. Access to parks, outdoor spaces, and public recreation opportunities (a) Definitions In this section: (1) Eligible entity (A) In general The term eligible entity (B) Entity described An entity referred to in subparagraph (A) is— (i) a State; (ii) a political subdivision of a State, including— (I) a city; (II) a county; and (III) a special purpose district that manages open space, including a park district; (iii) an Indian Tribe; (iv) an urban Indian organization; (v) an Alaska Native community; (vi) an Alaska Native organization; (vii) a Native Hawaiian community; or (viii) a Native Hawaiian organization. (2) Eligible nonprofit organization The term eligible nonprofit organization section 501(c)(3) (3) Outdoor recreation legacy partnership program The term Outdoor Recreation Legacy Partnership Program (4) Qualifying urban area The term qualifying urban area (A) an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census; (B) 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; and (C) an area administered by an entity described in any of clauses (iii), (v), (vi), (vii), or (viii) of paragraph (1)(B). (5) Secretary The term Secretary (6) State The term State (b) Grants authorized (1) Establishment of program The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects— (A) to acquire land and water for parks and other outdoor recreation purposes in qualifying urban areas; and (B) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying urban areas. (2) Considerations and priority (A) Considerations In awarding grants to eligible entities under paragraph (1), the Secretary shall consider the extent to which a project would— (i) provide recreation opportunities in underserved communities in which access to parks is not adequate to meet local needs; (ii) provide opportunities for outdoor recreation and public land volunteerism; (iii) support innovative or cost-effective ways to enhance— (I) parks; and (II) (aa) other recreation opportunities; or (bb) the delivery of services relating to outdoor recreation; (iv) support park and recreation programming provided by cities, including cooperative agreements with community-based eligible nonprofit organizations; (v) develop Native American event sites and cultural gathering spaces; (vi) expand access to parks and recreational opportunities for individuals of all abilities; and (vii) provide benefits such as community resilience, reduction of urban heat islands, enhanced water or air quality, or habitat for fish or wildlife. (B) Priority In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that— (i) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (ii) engage and empower underserved communities and youth; (iii) provide employment or job training opportunities for youth or underserved communities; (iv) establish or expand public-private partnerships, with a focus on leveraging resources; and (v) take advantage of coordination among various levels of government. (3) Matching requirement (A) In general Subject to subparagraph (B), as a condition of receiving a grant under paragraph (1), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (B) Waiver The Secretary may waive all or part of the matching requirement under subparagraph (A) if the Secretary determines that— (i) no reasonable means are available through which the eligible entity can meet the matching requirement; and (ii) the probable benefit of the project outweighs the public interest in the matching requirement. (C) Administrative expenses Not more than 10 percent of funds provided to an eligible entity under a grant awarded under paragraph (1) may be used for administrative expenses. (4) Eligible uses (A) In general Subject to subparagraph (B), a grant recipient may use a grant awarded under paragraph (1) for a project described in subparagraph (A) or (B) of that paragraph. (B) Limitations on use A grant recipient may not use grant funds for— (i) incidental costs related to land acquisition, including appraisal and titling; (ii) operation and maintenance activities; (iii) facilities that support semiprofessional or professional athletics; (iv) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (v) acquisition of land or interests in land that restrict access to specific persons. (c) Review and evaluation requirements In carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall— (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including eligible entities that are low-income communities or that serve low-income communities) on— (A) the opportunity to apply for grants under the Outdoor Recreation Legacy Partnership Program; (B) the application procedures by which eligible entities may apply for grants under the Outdoor Recreation Legacy Partnership Program; and (C) eligible uses for grants under the Outdoor Recreation Legacy Partnership Program. (d) Reporting (1) Annual reports (A) In general Each eligible entity that receives a grant under the Outdoor Recreation Legacy Partnership Program shall annually submit to the Secretary performance and financial reports that— (i) summarize project activities conducted during the year covered by the report; and (ii) provide the status of the project. (B) Timing Each report under subparagraph (A) shall be submitted not later than 30 days after the last day of the applicable year covered by the report. (2) Final reports Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each eligible entity that receives a grant under the Outdoor Recreation Legacy Partnership Program shall submit to the Secretary a final report containing such information as the Secretary may require. 12. Transit to trails grant program (a) Definitions In this section: (1) Critically underserved community The term critically underserved community (A) a community that can demonstrate to the Secretary that the community has inadequate, insufficient, or no park space or recreation facilities, including by demonstrating— (i) quality concerns relating to the available park space or recreation facilities; (ii) the presence of recreational facilities that do not serve the needs of the community; or (iii) the inequitable distribution of park space for high-need populations, based on income, age, or other measures of vulnerability and need; (B) a community in which at least 50 percent of the population is not located within 1⁄2 (C) a community that is designated as a qualified opportunity zone under section 1400Z–1 (D) any other community that the Secretary determines to be appropriate. (2) Eligible entity The term eligible entity (A) a State; (B) a political subdivision of a State (including a city or a county) that represents or otherwise serves an urban area or a rural area; (C) a special purpose district (including a park district); (D) an Indian Tribe that represents or otherwise serves an urban area or a rural area; or (E) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code). (3) Program The term program (4) Rural area The term rural area (5) Secretary The term Secretary (6) Transportation connector (A) In general The term transportation connector (i) connects 2 ZIP Codes or communities within a 175-mile radius of a designated service area; and (ii) offers rides available to the public. (B) Inclusions The term transportation connector (7) Urban area The term urban area (A) is densely developed; (B) has residential, commercial, and other nonresidential areas; and (C) (i) is an urbanized area with a population of 50,000 or more; or (ii) is an urban cluster with a population of— (I) not less than 2,500; and (II) not more than 50,000. (b) Grant program (1) Establishment The Secretary shall establish a grant program, to be known as the Transit to Trails Grant Program (A) projects that develop transportation connectors or routes in or serving, and related education materials for, critically underserved communities to increase access and mobility to Federal or non-Federal public land, waters, parkland, or monuments; or (B) projects that facilitate transportation improvements to enhance access to Federal or non-Federal public land and recreational opportunities in critically underserved communities. (2) Administration (A) In general The Secretary shall administer the program to assist eligible entities in the development of transportation connectors or routes in or serving, and related education materials for, critically underserved communities and Federal or non-Federal public land, waters, parkland, and monuments. (B) Joint partnerships The Secretary shall encourage joint partnership projects under the program, if available, among multiple agencies, including school districts, nonprofit organizations, metropolitan planning organizations, regional transportation authorities, transit agencies, and State and local governmental agencies (including park and recreation agencies and authorities) to enhance investment of public sources. (C) Annual grant project proposal solicitation, review, and approval (i) In general The Secretary shall— (I) annually solicit the submission of project proposals for grants from eligible entities under the program; and (II) review each project proposal submitted under subclause (I) on a timeline established by the Secretary. (ii) Required elements for project proposal A project proposal submitted under clause (i)(I) shall include— (I) a statement of the purposes of the project; (II) the name of the entity or individual with overall responsibility for the project; (III) a description of the qualifications of the entity or individuals identified under subclause (II); (IV) a description of— (aa) staffing and stakeholder engagement for the project; (bb) the logistics of the project; and (cc) anticipated outcomes of the project; (V) a proposed budget for the funds and time required to complete the project; (VI) information regarding the source and amount of matching funding available for the project; (VII) information that demonstrates the clear potential of the project to contribute to increased access to parkland for critically underserved communities; and (VIII) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under the program. (iii) Consultation; approval or disapproval The Secretary shall, with respect to each project proposal submitted under this subparagraph, as appropriate— (I) consult with the government of each State in which the proposed project is to be conducted; (II) after taking into consideration any comments resulting from the consultation under subclause (I), approve or disapprove the proposal; and (III) provide written notification of the approval or disapproval to— (aa) the individual or entity that submitted the proposal; and (bb) each State consulted under subclause (I). (D) Priority To the extent practicable, in determining whether to approve project proposals under the program, the Secretary shall prioritize projects that are designed to increase access and mobility to local or neighborhood Federal or non-Federal public land, waters, parkland, monuments, or recreational opportunities. (3) Transportation planning procedures (A) Procedures In consultation with the head of each appropriate Federal land management agency, the Secretary shall develop, by rule, transportation planning procedures for projects conducted under the program that are consistent with metropolitan and statewide planning processes. (B) Requirements All projects carried out under the program shall be developed in cooperation with States and metropolitan planning organizations. (4) Non-Federal contributions (A) In general As a condition of receiving a grant under the program, an eligible entity shall provide funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amount of the grant. (B) Sources The non-Federal contribution required under subparagraph (A) may include amounts made available from State, local, nongovernmental, or private sources. (5) Eligible uses Grant funds provided under the program may be used— (A) to develop transportation connectors or routes in or serving, and related education materials for, critically underserved communities to increase access and mobility to Federal and non-Federal public land, waters, parkland, and monuments; and (B) to create or significantly enhance access to Federal or non-Federal public land and recreational opportunities in an urban area or a rural area. (6) Grant amount A grant provided under the program shall be— (A) not less than $25,000; and (B) not more than $500,000. (7) Technical assistance It is the intent of Congress that grants provided under the program deliver project funds to areas of greatest need while offering technical assistance to all applicants and potential applicants for grant preparation to encourage full participation in the program. (8) Public information The Secretary shall ensure that current schedules and routes for transportation systems developed after the receipt of a grant under the program are available to the public, including on a website maintained by the recipient of a grant. (c) Reporting requirement (1) Reports by grant recipients The Secretary shall require a recipient of a grant under the program to submit to the Secretary at least 1 performance and financial report that— (A) includes— (i) demographic data on communities served by the project; and (ii) a summary of project activities conducted after receiving the grant; and (B) describes the status of each project funded by the grant as of the date of the report. (2) Additional reports In addition to the report required under paragraph (1), the Secretary may require additional reports from a recipient, as the Secretary determines to be appropriate, including a final report. (3) Deadlines The Secretary shall establish deadlines for the submission of each report required under paragraph (1) or (2). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year. 13. Repeal of sunset for the Every Kid Outdoors program Section 9001(b) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 6804 Public Law 116–9 14. Protections for environmental justice communities against harmful Federal actions (a) Purpose The purpose of this section is to establish additional protections relating to Federal actions affecting environmental justice communities in recognition of the disproportionate burden of adverse human health or environmental effects faced by such communities. (b) Definitions In this section: (1) Environmental impact statement The term environmental impact statement 42 U.S.C. 4321 et seq. (2) Federal action The term Federal action 42 U.S.C. 4321 et seq. (c) Preparation of a community impact report A Federal agency proposing to take a Federal action that has the potential to cause negative environmental or public health impacts on an environmental justice community shall prepare a community impact report assessing the potential impacts of the proposed action. (d) Contents A community impact report described in subsection (c) shall— (1) assess the degree to which a proposed Federal action affecting an environmental justice community will cause multiple or cumulative exposure to human health and environmental hazards that influence, exacerbate, or contribute to adverse health outcomes; (2) assess relevant public health data and industry data concerning the potential for multiple or cumulative exposure to human health or environmental hazards in the area of the environmental justice community and historical patterns of exposure to environmental hazards and Federal agencies shall assess these multiple, or cumulative effects, even if certain effects are not within the control or subject to the discretion of the Federal agency proposing the Federal action; (3) assess the impact of such proposed Federal action on such environmental justice community’s ability to access public parks, outdoor spaces, and public recreation opportunities; (4) evaluate alternatives to or mitigation measures for the proposed Federal action that will— (A) eliminate or reduce any identified exposure to human health and environmental hazards described in paragraph (1) to a level that is reasonably expected to avoid human health impacts in environmental justice communities; and (B) not negatively impact an environmental justice community’s ability to access public parks, outdoor spaces, and public recreation opportunities; (5) analyze any alternative developed by members of an affected environmental justice community that meets the purpose and need of the proposed action; (6) assess the impact on access to reliable energy sources and on electricity prices for low-income communities, minority communities, Native Americans, and senior citizens; (7) assess the impact of the Federal action on drought, domestic food availability, and domestic food prices; and (8) assess the impact on timely meeting net-zero goals as outlined in Executive Order 14057 (86 Fed. Reg. 70935; relating to catalyzing clean energy industries and jobs through Federal sustainability). (e) Delegation Federal agencies shall not delegate responsibility for the preparation of a community impact report described in subsection (c) to any other entity. (f) National environmental policy act requirements for environmental justice communities When carrying out the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (1) consider all potential direct, indirect, and cumulative impacts caused by the action, alternatives to such action, and mitigation measures on the environmental justice community required by that Act; (2) require any public comment period carried out during the scoping phase of the environmental review process to be not less than 90 days; (3) provide early and meaningful community involvement opportunities by— (A) holding multiple hearings in such community regarding the proposed Federal action in each prominent language within the environmental justice community; and (B) providing notice of any step or action in the process under that Act that involves public participation to any representative entities or organizations present in the environmental justice community, including— (i) local religious organizations; (ii) civic associations and organizations; (iii) business associations of people of color; (iv) environmental and environmental justice organizations, including community-based grassroots organizations led by people of color; (v) homeowners’, tenants’, and neighborhood watch groups; (vi) local governments and Indian Tribes; (vii) rural cooperatives; (viii) business and trade organizations; (ix) community and social service organizations; (x) universities, colleges, and vocational schools; (xi) labor and other worker organizations; (xii) civil rights organizations; (xiii) senior citizens’ groups; and (xiv) public health agencies and clinics; and (4) provide translations of publicly available documents made available pursuant to that Act in any language spoken by more than 5 percent of the population residing within the environmental justice community. (g) Communication methods and requirements Any notice provided under subsection (f)(3)(B) shall be provided— (1) through communication methods that are accessible in the environmental justice community, which may include electronic media, newspapers, radio, direct mailings, canvassing, and other outreach methods particularly targeted at communities of color, low-income communities, and Tribal and Indigenous communities; and (2) at least 30 days before any hearing in such community or the start of any public comment period. (h) Requirements for actions requiring an environmental impact statement For any proposed Federal action affecting an environmental justice community requiring the preparation of an environmental impact statement, the Federal agency shall provide the following information when giving notice of the proposed action: (1) A description of the proposed action. (2) An outline of the anticipated schedule for completing the process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (3) An initial list of alternatives and potential impacts. (4) An initial list of other existing or proposed sources of multiple or cumulative exposure to environmental hazards that contribute to higher rates of serious illnesses within the environmental justice community. (5) An agency point of contact. (6) Timely notice of locations where comments will be received or public meetings held. (7) Any telephone number or locations where further information can be obtained. (i) National Environmental Policy Act Requirements for Indian Tribes When carrying out the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (1) seek Tribal representation in the process in a manner that is consistent with the government-to-government relationship between the United States and Indian Tribes, the Federal Government’s trust responsibility to federally recognized Indian Tribes, and any treaty rights; (2) ensure that an Indian Tribe is invited to hold the status of a cooperating agency throughout the process under that Act for any proposed action that could impact an Indian Tribe, including actions that could impact off reservation lands and sacred sites; and (3) invite an Indian Tribe to hold the status of a cooperating agency in accordance with paragraph (2) not later than the date on which the scoping process for a proposed action requiring the preparation of an environmental impact statement commences. (j) Agency determinations Federal agency determinations about the analysis of a community impact report described in subsection (c) shall be subject to judicial review to the same extent as any other analysis performed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (k) Effective date This section shall take effect 1 year after the date of enactment of this Act. (l) Savings clause Nothing in this section diminishes— (1) any right granted through the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) the requirements under that Act to consider direct, indirect, and cumulative impacts. 15. Strengthening Community Protections under the National Environmental Policy Act of 1969 (a) Definitions The National Environmental Policy Act of 1969 is amended by inserting after section 2 ( 42 U.S.C. 4321 3. Definitions In this Act: (1) Effect; impact The terms effect impact (A) Direct effects, which are caused by the action and occur at the same time and place. (B) Indirect effects, which are caused by the action and occur later in time or farther removed in distance, but are still reasonably foreseeable, and include growth-inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems. (C) Cumulative effects, which are effects on the environment that result from the incremental effects of the action when added to the effects of other past, present, and reasonably foreseeable actions regardless of what agency or person undertakes those other actions, and can result from individually minor but collectively significant actions taking place over a period of time. (D) Effects that are ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historical, cultural, economic, social, or health effects, whether direct, indirect, or cumulative, including effects resulting from actions that may have both beneficial and detrimental effects, even if on balance the agency believes that the effects will be beneficial. (2) Limited English proficiency The term limited English proficiency (3) Low-income household The term low-income household (4) Overburdened community The term overburdened community (A) at least 35 percent of the households qualify as low-income households; (B) at least 40 percent of the residents identify as minority or as members of a Tribal and Indigenous community; or (C) at least 40 percent of the households have limited English proficiency. (5) Tribal and Indigenous community The term Tribal and Indigenous community (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of Indigenous people located in a State. . (b) Declaration of national environmental policy Section 101(a) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331(a) (1) by striking man’s human (2) by striking man humankind (c) Environmental analyses requirements Section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (1) in the matter preceding paragraph (1), by striking The Congress authorizes and directs that, to the fullest extent possible: Congress authorizes and directs that, notwithstanding any other provision of law and to the fullest extent possible: (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking insure ensure (ii) by striking man’s the human (B) in subparagraph (B), by striking insure ensure (C) in subparagraph (C)— (i) by striking clause (iii) and inserting the following: (iii) a reasonable range of alternatives that— (I) are technically feasible, (II) are economically feasible, and (III) where applicable, do not cause or contribute to adverse cumulative effects, including effects caused by exposure to environmental pollution, on an overburdened community that are higher than those borne by other communities within the State, county, or other geographic unit of analysis as determined by the agency preparing or having taken primary responsibility for preparing the environmental document pursuant to this Act, except where the agency determines that an alternative will serve a compelling public interest in the affected overburdened community with conditions to protect public health, ; and (ii) in clause (iv), by striking man’s the human (3) in subparagraph (E), by inserting that are consistent with subparagraph (C)(3) describe appropriate alternatives (4) in subparagraph (F), by striking mankind’s humankind’s 16. Training of employees of Federal agencies (a) Initial training Not later than 1 year after the date of enactment of this Act, each employee of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the National Oceanic and Atmospheric Administration shall complete an environmental justice training program to ensure that each such employee— (1) has received training in environmental justice; and (2) is capable of— (A) appropriately incorporating environmental justice concepts into the daily activities of the employee; and (B) increasing the meaningful participation of individuals from environmental justice communities in the activities of the applicable agency. (b) Mandatory participation Effective on the date that is 1 year after the date of enactment of this Act, each individual hired by the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the National Oceanic and Atmospheric Administration after that date shall be required to participate in environmental justice training. (c) Requirement relating to certain employees (1) In general With respect to each Federal agency that participates in the Working Group, not later than 30 days after the date on which an individual is appointed to the position of environmental justice coordinator, Environmental Justice Ombuds, or any other position the responsibility of which involves the conducting of environmental justice activities, the individual shall be required to possess documentation of the completion by the individual of environmental justice training. (2) Effect If an individual described in paragraph (1) fails to meet the requirement described in that paragraph, the Federal agency at which the individual is employed shall transfer the individual to a different position until the date on which the individual completes environmental justice training. (3) Evaluation Not later than 3 years after the date of enactment of this Act, the Inspector General of each Federal agency that participates in the Working Group shall evaluate the training programs of such Federal agency to determine if such Federal agency has improved the rate of training of the employees of such Federal agency to ensure that each employee has received environmental justice training. 17. Environmental justice grant programs (a) Environmental justice community grant program (1) Establishment The Administrator shall establish a program under which the Administrator shall provide grants to eligible entities to assist the eligible entities in— (A) building capacity to address issues relating to environmental justice; and (B) carrying out any activity described in paragraph (4). (2) Eligibility To be eligible to receive a grant under paragraph (1), an eligible entity shall be a nonprofit, community-based organization that conducts activities, including providing medical and preventive health services, to reduce the disproportionate health impacts of environmental pollution in the environmental justice community at which the eligible entity proposes to conduct an activity that is the subject of the application described in paragraph (3). (3) Application To be eligible to receive a grant under paragraph (1), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (A) an outline describing the means by which the project proposed by the eligible entity will— (i) with respect to environmental and public health issues at the local level, increase the understanding of the environmental justice community at which the eligible entity will conduct the project; (ii) improve the ability of the environmental justice community to address each issue described in clause (i); (iii) facilitate collaboration and cooperation among various stakeholders (including members of the environmental justice community); and (iv) support the ability of the environmental justice community to proactively plan and implement just sustainable community development and revitalization initiatives, including countering displacement and gentrification; (B) a proposed budget for each activity of the project that is the subject of the application; (C) a list of proposed outcomes with respect to the proposed project; (D) a description of the ways by which the eligible entity may leverage the funds of the eligible entity, or the funds made available through a grant under this subsection, to develop a project that is capable of being sustained beyond the period of the grant; and (E) a description of the ways by which the eligible entity is linked to, and representative of, the environmental justice community at which the eligible entity will conduct the project. (4) Use of funds An eligible entity may only use a grant under this subsection to carry out culturally and linguistically appropriate projects and activities that are driven by the needs, opportunities, and priorities of the environmental justice community at which the eligible entity proposes to conduct the project or activity to address environmental justice concerns and improve the health or environment of the environmental justice community, including activities— (A) to create or develop collaborative partnerships; (B) to educate and provide outreach services to the environmental justice community; (C) to identify and implement projects to address environmental or public health concerns; or (D) to develop a comprehensive understanding of environmental or public health issues. (5) Report (A) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing the ways by which the grant program under this subsection has helped community-based nonprofit organizations address issues relating to environmental justice. (B) Public availability The Administrator shall make each report required under subparagraph (A) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (6) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2024 through 2028. (b) State grant program (1) Establishment The Administrator shall establish a program under which the Administrator shall provide grants to States to enable the States— (A) to establish culturally and linguistically appropriate protocols, activities, and mechanisms for addressing issues relating to environmental justice; and (B) to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the State, including reducing economic vulnerabilities that result in the environmental justice communities being disproportionately affected. (2) Eligibility (A) Application To be eligible to receive a grant under paragraph (1), a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (i) a plan that contains a description of the means by which the funds provided through a grant under paragraph (1) will be used to address issues relating to environmental justice at the State level; and (ii) assurances that the funds provided through a grant under paragraph (1) will be used only to supplement the amount of funds that the State allocates for initiatives relating to environmental justice. (B) Ability to continue program To be eligible to receive a grant under paragraph (1), a State shall demonstrate to the Administrator that the State has the ability to continue each program that is the subject of funds provided through a grant under paragraph (1) after receipt of the funds. (3) Report (A) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing— (i) the implementation of the grant program established under paragraph (1); (ii) the impact of the grant program on improving the ability of each participating State to address environmental justice issues; and (iii) the activities carried out by each State to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the State. (B) Public availability The Administrator shall make each report required under subparagraph (A) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (4) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2024 through 2028. (c) Tribal grant program (1) Establishment The Administrator shall establish a program under which the Administrator shall provide grants to Indian Tribes— (A) to establish culturally and linguistically appropriate protocols, activities, and mechanisms for addressing issues relating to environmental justice; and (B) to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in Tribal and Indigenous communities, including reducing economic vulnerabilities that result in the Tribal and Indigenous communities being disproportionately affected. (2) Eligibility (A) Application To be eligible to receive a grant under paragraph (1), an Indian Tribe shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (i) a plan that contains a description of the means by which the funds provided through a grant under paragraph (1) will be used to address issues relating to environmental justice in Tribal and Indigenous communities; and (ii) assurances that the funds provided through a grant under paragraph (1) will be used only to supplement the amount of funds that the Indian Tribe allocates for initiatives relating to environmental justice. (B) Ability to continue program To be eligible to receive a grant under paragraph (1), an Indian Tribe shall demonstrate to the Administrator that the Indian Tribe has the ability to continue each program that is the subject of funds provided through a grant under paragraph (1) after receipt of the funds. (3) Report (A) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing— (i) the implementation of the grant program established under paragraph (1); (ii) the impact of the grant program on improving the ability of each participating Indian Tribe to address environmental justice issues; and (iii) the activities carried out by each Indian Tribe to reduce or eliminate disproportionately adverse human health or environmental effects on applicable environmental justice communities in Tribal and Indigenous communities. (B) Public availability The Administrator shall make each report required under subparagraph (A) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (4) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2024 through 2028. (d) Community-Based participatory research grant program (1) Establishment The Administrator, in consultation with the Director, shall establish a program under which the Administrator shall provide not more than 25 multiyear grants to eligible entities to carry out community-based participatory research— (A) to address issues relating to environmental justice; (B) to improve the environment of residents and workers in environmental justice communities; and (C) to improve the health outcomes of residents and workers in environmental justice communities. (2) Eligibility To be eligible to receive a multiyear grant under paragraph (1), an eligible entity shall be a partnership composed of— (A) an accredited institution of higher education; and (B) a community-based organization. (3) Application To be eligible to receive a multiyear grant under paragraph (1), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (A) a detailed description of the partnership of the eligible entity that, as determined by the Administrator, demonstrates the participation of members of the community at which the eligible entity proposes to conduct the research; and (B) a description of— (i) the project proposed by the eligible entity; and (ii) the ways by which the project will— (I) address issues relating to environmental justice; (II) assist in the improvement of health outcomes of residents and workers in environmental justice communities; and (III) assist in the improvement of the environment of residents and workers in environmental justice communities. (4) Public availability The Administrator shall make the results of the grants provided under this subsection available to the public, including by posting on the website of the Environmental Protection Agency a copy of the grant awards and an annual report at the beginning of each fiscal year describing the research findings associated with each grant provided under this subsection. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2024 through 2028. 18. Environmental justice basic training program (a) Establishment The Administrator shall establish a basic training program, in coordination and consultation with nongovernmental environmental justice organizations, to increase the capacity of residents of environmental justice communities to identify and address disproportionately adverse human health or environmental effects by providing culturally and linguistically appropriate— (1) training and education relating to— (A) basic and advanced techniques for the detection, assessment, and evaluation of the effects of hazardous substances on human health; (B) methods to assess the risks to human health presented by hazardous substances; (C) methods and technologies to detect hazardous substances in the environment; (D) basic biological, chemical, and physical methods to reduce the quantity and toxicity of hazardous substances; (E) the rights and safeguards currently afforded to individuals through policies and laws intended to help environmental justice communities address disparate impacts and discrimination, including— (i) environmental laws; and (ii) section 602 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–1 (F) public engagement opportunities through the policies and laws described in subparagraph (E); (G) materials available on the Clearinghouse; (H) methods to expand access to parks and other natural and recreational amenities; and (I) finding and applying for Federal grants related to environmental justice; and (2) short courses and continuation education programs for residents of communities who are located in close proximity to hazardous substances to provide— (A) education relating to— (i) the proper manner to handle hazardous substances; (ii) the management of facilities at which hazardous substances are located (including facility compliance protocols); and (iii) the evaluation of the hazards that facilities described in clause (ii) pose to human health; and (B) training on environmental and occupational health and safety with respect to the public health and engineering aspects of hazardous waste control. (b) Grant program (1) Establishment In carrying out the basic training program established under subsection (a), the Administrator may provide grants to, or enter into any contract or cooperative agreement with, an eligible entity to carry out any training or educational activity described in subsection (a). (2) Eligible entity To be eligible to receive assistance under paragraph (1), an eligible entity shall be an accredited institution of education in partnership with— (A) a community-based organization that carries out activities relating to environmental justice; (B) a generator of hazardous waste; (C) any individual who is involved in the detection, assessment, evaluation, or treatment of hazardous waste; (D) any owner or operator of a facility at which hazardous substances are located; or (E) any State government, Indian Tribe, or local government. (c) Plan (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with the Director, shall develop and publish in the Federal Register a plan to carry out the basic training program established under subsection (a). (2) Contents The plan described in paragraph (1) shall contain— (A) a list that describes the relative priority of each activity described in subsection (a); and (B) a description of research and training relevant to environmental justice issues of communities adversely affected by pollution. (3) Coordination with Federal agencies The Administrator shall, to the maximum extent practicable, take appropriate steps to coordinate the activities of the basic training program described in the plan with the activities of other Federal agencies to avoid any duplication of effort. (d) Report (1) In general Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing— (A) the implementation of the basic training program established under subsection (a); and (B) the impact of the basic training program on improving training opportunities for residents of environmental justice communities. (2) Public availability The Administrator shall make the report required under paragraph (1) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2028. 19. National Environmental Justice Advisory Council (a) Establishment The President shall establish an advisory council, to be known as the National Environmental Justice Advisory Council (b) Membership The Advisory Council shall be composed of 26 members who have knowledge of, or experience relating to, the effect of environmental conditions on communities of color, low-income communities, and Tribal and Indigenous communities, including— (1) representatives of— (A) community-based organizations that carry out initiatives relating to environmental justice, including grassroots organizations led by people of color; (B) State governments, Indian Tribes, and local governments; (C) Tribal organizations and other Tribal and Indigenous communities; (D) nongovernmental and environmental organizations; and (E) private sector organizations (including representatives of industries and businesses); and (2) experts in the field of— (A) socioeconomic analysis; (B) health and environmental effects; (C) exposure evaluation; (D) environmental law and civil rights law; or (E) environmental health science research. (c) Subcommittees; workgroups (1) Establishment The Advisory Council may establish any subcommittee or workgroup to assist the Advisory Council in carrying out any duty of the Advisory Council described in subsection (d). (2) Report Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under paragraph (1) shall submit to the Advisory Council a report that contains— (A) a description of each recommendation of the subcommittee or workgroup; and (B) any advice requested by the Advisory Council with respect to any duty of the Advisory Council. (d) Duties The Advisory Council shall provide independent advice and recommendations to the Environmental Protection Agency with respect to issues relating to environmental justice, including advice— (1) to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and adequacy of the scientific research and demonstration projects of the Environmental Protection Agency relating to environmental justice; (2) to improve participation, cooperation, and communication with respect to such issues— (A) within the Environmental Protection Agency; (B) between the Environmental Protection Agency and other entities; and (C) between, and among, the Environmental Protection Agency and Federal agencies, State and local governments, Indian Tribes, environmental justice leaders, interest groups, and the public; (3) requested by the Administrator to help improve the response of the Environmental Protection Agency in securing environmental justice for communities of color, low-income communities, and Tribal and Indigenous communities; and (4) on issues relating to— (A) the developmental framework of the Environmental Protection Agency with respect to the integration by the Environmental Protection Agency of socioeconomic programs into the strategic planning, annual planning, and management accountability of the Environmental Protection Agency to achieve environmental justice results throughout the Environmental Protection Agency; (B) the measurement and evaluation of the progress, quality, and adequacy of the Environmental Protection Agency in planning, developing, and implementing environmental justice strategies, projects, and programs; (C) any existing and future information management systems, technologies, and data collection activities of the Environmental Protection Agency (including recommendations to conduct analyses that support and strengthen environmental justice programs in administrative and scientific areas); (D) the administration of grant programs relating to environmental justice assistance; and (E) education, training, and other outreach activities conducted by the Environmental Protection Agency relating to environmental justice. (e) Meetings (1) Frequency (A) In general Subject to subparagraph (B), the Advisory Council shall meet biannually. (B) Authority of Administrator The Administrator may require the Advisory Council to conduct additional meetings if the Administrator determines that the conduct of any additional meetings is necessary. (2) Public participation (A) In general Subject to subparagraph (B), each meeting of the Advisory Council shall be open to the public to provide the public an opportunity— (i) to submit comments to the Advisory Council; and (ii) to appear before the Advisory Council. (B) Authority of Administrator The Administrator may close any meeting, or portion of any meeting, of the Advisory Council to the public. (f) FACA applicability Chapter 10 (g) Travel expenses The Administrator may provide to any member of the Advisory Council travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 20. Environmental Justice Clearinghouse (a) Establishment Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a public internet-based clearinghouse, to be known as the Environmental Justice Clearinghouse. (b) Contents The Clearinghouse shall be composed of culturally and linguistically appropriate materials related to environmental justice, including— (1) information describing the activities conducted by the Environmental Protection Agency to address issues relating to environmental justice; (2) copies of training materials provided by the Administrator to help individuals and employees understand and carry out environmental justice activities; (3) links to web pages that describe environmental justice activities of other Federal agencies; (4) a directory of individuals who possess technical expertise in issues relating to environmental justice; (5) a directory of nonprofit and community-based organizations, including grassroots organizations led by people of color, that address issues relating to environmental justice at the local, State, and Federal levels (with particular emphasis given to nonprofit and community-based organizations that possess the capability to provide advice or technical assistance to environmental justice communities); and (6) any other appropriate information as determined by the Administrator, including information on any resources available to help address the disproportionate burden of adverse human health or environmental effects on environmental justice communities. (c) Consultation In developing the Clearinghouse, the Administrator shall consult with individuals representing academic and community-based organizations who have expertise in issues relating to environmental justice. (d) Annual review The Advisory Council shall— (1) conduct a review of the Clearinghouse on an annual basis; and (2) recommend to the Administrator any updates for the Clearinghouse that the Advisory Council determines to be necessary for the effective operation of the Clearinghouse. 21. Public meetings (a) In general Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Administrator shall hold public meetings on environmental justice issues in each region of the Environmental Protection Agency to gather public input with respect to the implementation and updating of environmental justice strategies and efforts of the Environmental Protection Agency. (b) Outreach to environmental justice communities The Administrator, in advance of the meetings described in subsection (a), shall to the extent practicable hold multiple meetings in environmental justice communities in each region to provide meaningful community involvement opportunities. (c) Notice Notice for the meetings described in subsections (a) and (b) shall be provided— (1) to applicable representative entities or organizations present in the environmental justice community, including— (A) local religious organizations; (B) civic associations and organizations; (C) business associations of people of color; (D) environmental and environmental justice organizations; (E) homeowners’, tenants’, and neighborhood watch groups; (F) local governments; (G) Indian Tribes, Tribal organizations, and other Tribal and Indigenous communities; (H) rural cooperatives; (I) business and trade organizations; (J) community and social service organizations; (K) universities, colleges, and vocational schools; (L) labor organizations; (M) civil rights organizations; (N) senior citizens’ groups; and (O) public health agencies and clinics; (2) through communication methods that are accessible in the applicable environmental justice community, which may include electronic media, newspapers, radio, and other media particularly targeted at communities of color, low-income communities, and Tribal and Indigenous communities; and (3) at least 30 days before any such meeting. (d) Communication methods and requirements The Administrator shall— (1) provide translations of any documents made available to the public pursuant to this section in any language spoken by more than 5 percent of the population residing within the applicable environmental justice community, and make available translation services for meetings upon request; and (2) not require members of the public to produce a form of identification or register their names, provide other information, complete a questionnaire, or otherwise fulfill any condition precedent to attending a meeting, but if an attendance list, register, questionnaire, or other similar document is utilized during meetings, it shall state clearly that the signing, registering, or completion of the document is voluntary. (e) Required attendance of certain employees In holding a public meeting under subsection (a), the Administrator shall ensure that at least 1 employee of the Environmental Protection Agency at the level of Assistant Administrator is present at the meeting to serve as a representative of the Environmental Protection Agency. 22. Environmental projects for environmental justice communities The Administrator shall ensure that all environmental projects developed as part of a settlement relating to violations in an environmental justice community— (1) are developed through consultation with, and with the meaningful participation of, individuals in the affected environmental justice community; and (2) result in a quantifiable improvement to the health and well-being of individuals in the affected environmental justice community. 23. Grants to further achievement of Tribal coastal zone objectives (a) Grants authorized The Coastal Zone Management Act of 1972 is amended by inserting after section 309 ( 16 U.S.C. 1456b 309A. Grants to further achievement of Tribal coastal zone objectives (a) Grants authorized The Secretary may award competitive grants to Indian Tribes to further achievement of the objectives of the Indian Tribe for the Tribal coastal zone of the Indian Tribe. (b) Federal share (1) In general The Federal share of the cost of any activity carried out with a grant under this section shall be— (A) in the case of a grant of less than $200,000, 100 percent of such cost; and (B) in the case of a grant of $200,000 or more, 95 percent of such cost, except as provided in paragraph (2). (2) Waiver The Secretary may waive the requirements of paragraph (1)(B) with respect to a grant to an Indian Tribe, or otherwise reduce the portion of the share of the cost of an activity required to be paid by an Indian Tribe under that paragraph, if the Secretary determines that the Indian Tribe does not have sufficient funds to pay the portion. (c) Compatibility The Secretary may not award a grant under this section unless the Secretary determines that the activities to be carried out with the grant are compatible with this title. (d) Authorized objectives and purposes An Indian Tribe that receives a grant under this section shall use the grant funds for 1 or more of the objectives and purposes authorized under subsections (b) and (c), respectively, of section 306A. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2024 through 2028, of which not more than 3 percent shall be used for administrative costs to carry out this section. (f) Definitions In this section: (1) Indian land The term Indian land 25 U.S.C. 3501 (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Tribal coastal zone The term Tribal coastal zone (4) Tribal coastal zone objective The term Tribal coastal zone objective (A) Protection, restoration, or preservation of areas in the Tribal coastal zone of the Indian Tribe that— (i) hold important ecological, cultural, or sacred significance for the Indian Tribe; or (ii) reflect traditional, historical, and aesthetic values essential to the Indian Tribe. (B) Preparing and implementing a special area management plan and technical planning for important coastal areas. (C) Any coastal or shoreline stabilization measure, including any mitigation measure, for the purpose of public safety, public access, or cultural or historical preservation. . (b) Guidance Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall issue guidance for the program established under the amendment made by subsection (a), including the criteria for awarding grants under that program based on consultation with Indian Tribes. (c) Use of State grants To fulfill Tribal objectives Section 306A(c)(2) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455a(c)(2) (1) in subparagraph (D), by striking and (2) in subparagraph (E), by striking the period at the end and inserting ; and (3) by adding at the end the following: (F) fulfilling any Tribal coastal zone objective (as that term is defined in section 309A). . (d) Other programs not affected Nothing in this section, including an amendment made by this section, shall be construed to affect the ability of an Indian Tribe to apply for assistance, receive assistance under, or participate in any program authorized by the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. 24. Cosmetic labeling (a) In general Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. 604. Labeling (a) Cosmetic products for professional use (1) Definition of professional With respect to cosmetics, the term professional (A) is licensed by an official State authority to practice in the field of cosmetology, nail care, barbering, or esthetics; (B) has complied with all requirements set forth by the State for such licensing; and (C) has been granted a license by a State board or legal agency or legal authority. (2) Listing of ingredients Cosmetic products used and sold by professionals shall list all ingredients and warnings, as required for other cosmetic products under this chapter. (3) Professional use labeling In the case of a cosmetic product intended to be used only by a professional on account of a specific ingredient or increased concentration of an ingredient that requires safe handling by trained professionals, the product shall bear a statement as follows: To be Administered Only by Licensed Professionals (b) Display requirements A listing required under subsection (a)(2) and a statement required under subsection (a)(3) shall be prominently displayed— (1) in the primary language used on the label; and (2) in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed on the label. (c) Internet sales In the case of internet sales of cosmetics, each internet website offering a cosmetic product for sale to consumers shall provide the same information that is included on the packaging of the cosmetic product as regularly available through in-person sales, except information that is unique to a single cosmetic product sold in a retail facility, such as a lot number or expiration date, and the warnings and statements described in subsection (b) shall be prominently and conspicuously displayed on the website. (d) Contact information The label on each cosmetic shall bear the domestic telephone number or electronic contact information, and it is encouraged that the label include both the telephone number and electronic contact information, that consumers may use to contact the responsible person with respect to adverse events. The contact number shall provide a means for consumers to obtain additional information about ingredients in a cosmetic, including the ability to ask if a specific ingredient may be present that is not listed on the label, including whether a specific ingredient may be contained in the fragrance or flavor used in the cosmetic. The manufacturer of the cosmetic is responsible for providing such information, including obtaining the information from suppliers if it is not readily available. Suppliers are required to release such information upon request of the cosmetic manufacturer. . (b) Misbranding Section 602 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 362 (g) If its labeling does not conform with a requirement under section 604. . (c) Effective date Section 604 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall take effect on the date that is 1 year after the date of enactment of this Act. 25. Safer cosmetic alternatives for disproportionately impacted communities (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary (1) to support research focused on the design of safer alternatives to chemicals in cosmetics with inherent toxicity or associated with chronic adverse health effects; or (2) to provide educational awareness and community outreach efforts to educate and promote the use of safer alternatives in cosmetics. (b) Eligible entities To be eligible to receive a grant under subsection (a), an entity shall— (1) be a public institution such as a university, a nonprofit research institution, or a nonprofit grassroots organization; and (2) not benefit from a financial relationship with a chemical or cosmetics manufacturer, supplier, or trade association. (c) Priority In awarding grants under subsection (a), the Secretary shall give priority to applicants proposing to focus on— (1) replacing chemicals in professional cosmetic products used by nail and hair and beauty salon workers with safer alternatives; or (2) replacing chemicals in cosmetic products marketed to women and girls of color, including any such beauty, personal hygiene, and intimate care products, with safer alternatives. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2028. 26. Safer child care centers, schools, and homes for disproportionately impacted communities (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary (b) Eligible entities To be eligible to receive a grant under subsection (a), an entity shall— (1) be a public institution such as a university or a nonprofit research institution; and (2) not benefit from a financial relationship with— (A) a chemical manufacturer, supplier, or trade association; or (B) a cleaning, toy, or baby product manufacturer, supplier, or trade association. (c) Priority In awarding grants under subsection (a), the Secretary shall give priority to applicants proposing to focus on replacing chemicals in cleaning, toy, or baby products used by child care providers with safer alternatives. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2028. 27. Certain menstrual products misbranded if labeling does not include ingredients (a) In general Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 (gg) If it is a menstrual product, such as a menstrual cup, a scented, scented deodorized, or unscented menstrual pad or tampon, a therapeutic vaginal douche apparatus, or an obstetrical and gynecological device described in section 884.5400, 884.5425, 884.5435, 884.5460, 884.5470, or 884.5900 of title 21, Code of Federal Regulations (or any successor regulation), unless its label or labeling lists the name of each ingredient or component of the product in order of the most predominant ingredient or component to the least predominant ingredient or component. . (b) Effective date The amendment made by subsection (a) applies with respect to products introduced or delivered for introduction into interstate commerce on or after the date that is one year after the date of the enactment of this Act. 28. Support by National Institute of Environmental Health Sciences for research on health disparities impacting communities of color Subpart 12 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285l et seq. 463C. Research on health disparities related to cosmetics impacting communities of color (a) In general The Director of the Institute shall award grants to eligible entities— (1) to expand support for basic, epidemiological, and social scientific investigations into— (A) the chemicals linked (or with possible links) to adverse health effects most commonly found in cosmetics marketed to women and girls of color, including beauty, personal hygiene, and intimate care products; (B) the marketing and sale of such cosmetics containing chemicals linked to adverse health effects to women and girls of color across their lifespans; (C) the use of such cosmetics by women and girls of color across their lifespans; or (D) the chemicals linked to the adverse health effects most commonly found in products used by nail, hair, and beauty salon workers; (2) to provide educational awareness and community outreach efforts to educate and promote the use of safer alternatives in cosmetics; and (3) to disseminate the results of any such research described in subparagraph (A) or (B) of paragraph (1) (conducted by the grantee pursuant to this section or otherwise) to help communities identify and address potentially unsafe chemical exposures in the use of cosmetics. (b) Eligible entities To be eligible to receive a grant under subsection (a), an entity shall— (1) be a public institution such as a university, a nonprofit research institution, or a nonprofit grassroots organization; and (2) not benefit from a financial relationship with a chemical or cosmetics manufacturer, supplier, or trade association. (c) Report Not later than the end 1 year after awarding grants under this section, and each year thereafter, the Director of the Institute shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make publicly available, a report on the results of the investigations funded under subsection (a), including— (1) summary findings on— (A) marketing strategies, product categories, and specific cosmetics containing ingredients linked to adverse health effects; and (B) the demographics of the populations marketed to and using cosmetics containing such ingredients for personal and professional use; and (2) recommended public health information strategies to reduce potentially unsafe exposures to cosmetics. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2028. . 29. Revenues for just transition assistance (a) Definitions In this section: (1) Nonproducing lease The term nonproducing lease (2) Secretary The term Secretary (b) Mineral leasing revenue (1) Coal leases Section 7(a) of the Mineral Leasing Act ( 30 U.S.C. 207(a) 12 ½ 18.75 percent (2) Leases on land known or believed to contain oil or natural gas Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (A) in subsection (b)— (i) in paragraph (1)(A)— (I) in the fourth sentence, by striking shall be held are necessary may be held in each State not more than once each year (II) in the fifth sentence, by striking 12.5 percent 18.75 percent (ii) in paragraph (2)(A)(ii), by striking 12 ½ 18.75 percent (B) in subsection (c)(1), in the second sentence, by striking 12.5 percent 18.75 percent (C) in subsection (l), by striking 12 ½ 18.75 percent (D) in subsection (n)(1)(C), by striking 12 ½ 18.75 percent (3) Reinstatement of leases Section 31(e)(3) of the Mineral Leasing Act ( 30 U.S.C. 188(e)(3) 16 2/3 25 (4) Deposits Section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 (A) in subsection (a), in the first sentence, by striking All Except as provided in subsection (e), all (B) by adding at the end the following: (e) Distribution of certain amounts Notwithstanding subsection (a), the amount of any increase in revenues collected as a result of the amendments made by subsection (b) of section 29 of the A. Donald McEachin Environmental Justice For All Act . (c) Fees for producing leases and nonproducing leases (1) Conservation of resources fees There is established a fee of $4 per acre per year on producing Federal onshore and offshore oil and gas leases. (2) Speculative leasing fees There is established a fee of $6 per acre per year on nonproducing leases. (d) Deposit (1) In general All amounts collected under paragraphs (1) and (2) of subsection (c) shall be deposited in the Federal Energy Transition Economic Development Assistance Fund established by section 30(c). (2) Mineral leasing Revenue Notwithstanding any other provision of law, of the amount of any increase in revenue collected as a result of the amendments made by subsection (b)— (A) 50 percent shall be deposited in the Federal Energy Transition Economic Development Assistance Fund established by section 30(c); and (B) 50 percent shall be distributed to the State in which the production occurred. (e) Adjustment for inflation The Secretary shall, by regulation at least once every 4 years, adjust each fee established by subsection (c) to reflect any change in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor. 30. Economic revitalization for fossil fuel-dependent communities (a) Purpose The purpose of this section is to promote economic revitalization, diversification, and development in communities— (1) that depend on fossil fuel mining, extraction, or refining for a significant amount of economic opportunities; or (2) in which a significant proportion of the population is employed at electric generating stations that use fossil fuels as the predominant fuel supply. (b) Definitions In this section: (1) Advisory committee The term Advisory Committee (2) Displaced worker The term displaced worker (3) Fossil fuel The term fossil fuel (4) Fossil fuel-dependent community The term fossil fuel-dependent community (A) that depends on fossil fuel mining, and extraction, or refining for a significant amount of economic opportunities; or (B) in which a significant proportion of the population is employed at electric generating stations that use fossil fuels as the predominant fuel supply. (5) Fossil fuel transition community The term fossil fuel transition community (A) that has been adversely affected economically by a recent reduction in fossil fuel mining, extraction, or production-related activity, as demonstrated by employment data, per capita income, or other indicators of economic distress; (B) that has historically relied on fossil fuel mining, extraction, or production-related activity for a substantial portion of its economy; or (C) in which the economic contribution of fossil fuel mining, extraction, or production-related activity has significantly declined. (6) Fund The term Fund (7) Public land (A) In general The term public land (B) Inclusion The term public land (C) Exclusion The term public land (8) Secretary The term Secretary (c) Establishment of Federal Energy Transition Economic Development Assistance Fund There is established in the Treasury of the United States a fund, to be known as the Federal Energy Transition Economic Development Assistance Fund (d) Distribution of funds Of the amounts deposited in the Fund— (1) 35 percent shall be distributed by the Secretary to States in which extraction of fossil fuels occurs on public land, based on a formula reflecting existing production and extraction in the State; (2) 35 percent shall be distributed by the Secretary to States based on a formula reflecting the quantity of fossil fuels historically produced and extracted in the State on public land before the date of enactment of this Act; and (3) 30 percent shall be allocated to a competitive grant program under subsection (f). (e) Use of Funds (1) In general Funds distributed by the Secretary to States under paragraphs (1) and (2) of subsection (d) may be used for— (A) environmental remediation of land and waters impacted by the full lifecycle of fossil fuel extraction and mining; (B) building partnerships to attract and invest in the economic future of historically fossil fuel-dependent communities; (C) increasing capacity and other technical assistance fostering long-term economic growth and opportunity in historically fossil fuel-dependent communities; (D) guaranteeing pensions, healthcare, and retirement security and providing a bridge of wage support until a displaced worker either finds new employment or reaches retirement; (E) severance payments for displaced workers; (F) carbon sequestration projects in natural systems on public land; or (G) expanding broadband access and broadband infrastructure. (2) Priority to fossil fuel workers In distributing funds under paragraph (1), the Secretary shall give priority to assisting displaced workers dislocated from fossil fuel mining and extraction industries. (f) Competitive grant program (1) In general The Secretary shall establish a competitive grant program to provide funds to eligible entities for the purposes described in paragraph (3). (2) Definition of eligible entity In this subsection, the term eligible entity 7 U.S.C. 2009aa–4(a) (3) Eligible use of funds The Secretary may award grants from amounts in the Fund made available under subsection (d)(3) for— (A) the purposes described in subsection (e)(1); (B) (i) existing job retraining and apprenticeship programs for displaced workers; or (ii) programs designed to promote economic development in communities affected by a downturn in fossil fuel extraction and mining; (C) developing projects that— (i) diversify local and regional economies; (ii) create jobs in new or existing non-fossil fuel industries; (iii) attract new sources of job-creating investment; or (iv) provide a range of workforce services and skills training; (D) internship programs in a field related to clean energy; and (E) the development and support of— (i) a clean energy certificate program at a labor organization; or (ii) a clean energy major or minor program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (g) Just transition advisory committee (1) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory committee, to be known as the Just Transition Advisory Committee (2) Chair The President shall appoint a Chair of the Advisory Committee. (3) Duties The Advisory Committee shall— (A) advise, assist, and support the Secretary in— (i) the management and allocation of funds available under subsection (d); and (ii) the establishment and administration of the competitive grant program under subsection (f); and (B) develop procedures to ensure that States and applicants eligible to participate in the competitive grant program established under subsection (f) are notified of the availability of Federal funds pursuant to this section. (4) Membership (A) In general The total number of members of the Advisory Committee shall not exceed 20 members. (B) Composition The Advisory Committee shall be composed of the following members appointed by the Chair: (i) A representative of the Assistant Secretary of Commerce for Economic Development. (ii) A representative of the Secretary of Labor. (iii) A representative of the Under Secretary for Rural Development. (iv) 2 individuals with professional economic development or workforce retraining experience. (v) An equal number of representatives from each of the following: (I) Labor unions. (II) Nonprofit environmental organizations. (III) Environmental justice organizations. (IV) Fossil fuel transition communities. (V) Public interest groups. (VI) Tribal and Indigenous communities. (5) Termination The Advisory Committee shall not terminate except by an Act of Congress. (h) Limit on Use of Funds (1) Administrative costs Not more than 7 percent of the amounts in the Fund may be used for administrative costs incurred in implementing this section. (2) Limitation on funds to a single entity Not more than 5 percent of the amounts in the Fund may be awarded to a single eligible entity. (3) Calendar year limitation Not less than 15 percent of the amounts in the Fund shall be spent in each calendar year. (i) Use of American iron, steel, and manufactured goods None of the funds appropriated or otherwise made available by this section may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, unless the manufactured good is not produced in the United States. (j) Submission to Congress The Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives, with the annual budget submission of the President, a list of projects, including a description of each project, that received funding under this section in the previous calendar year. 31. Evaluation by Comptroller General of the United States Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Comptroller General of the United States shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report that contains an evaluation of the effectiveness of each activity carried out under this Act and the amendments made by this Act.

A. Donald McEachin Environmental Justice For All Act

International Trafficking Victims Protection Reauthorization Act of 2023 This bill reauthorizes various international antitrafficking activities and foreign assistance programs; requires counter-trafficking strategies, activities, and efforts to be further integrated into projects supported by U.S. foreign assistance; and expands related reporting requirements.

115 S920 IS: International Trafficking Victims Protection Reauthorization Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 920 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Menendez Mr. Risch Mr. Kaine Mr. Rubio Committee on Foreign Relations A BILL To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes. 1. Short title This Act may be cited as the International Trafficking Victims Protection Reauthorization Act of 2023 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Combating human trafficking abroad Sec. 101. United States support for integration of anti-trafficking in persons interventions in multilateral development banks. Sec. 102. Expanding prevention efforts at the United States Agency for International Development. Sec. 103. Counter-trafficking in persons efforts in development cooperation and assistance policy. Sec. 104. Technical amendments to tier rankings. Sec. 105. Modifications to the program to end modern slavery. Sec. 106. Clarification of nonhumanitarian, nontrade-related foreign assistance. Sec. 107. Expanding protections for domestic workers of official and diplomatic visa holders. Sec. 108. Effective dates. TITLE II—Authorization of appropriations Sec. 201. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000. Sec. 202. Extension of authorizations under the International Megan’s Law. TITLE III—Briefings Sec. 301. Briefing on annual trafficking in person’s report. Sec. 302. Briefing on use and justification of waivers. I Combating human trafficking abroad 101. United States support for integration of anti-trafficking in persons interventions in multilateral development banks (a) Requirements The Secretary of the Treasury, in consultation with the Secretary of State acting through the Ambassador-at-Large to Monitor and Combat Trafficking in Persons, shall instruct the United States Executive Director of each multilateral development bank (as defined in section 110(d) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(d) (1) on the Tier 2 Watch List (required under section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(2)(A) (2) under subparagraph (C) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) (3) as Special Cases in the most recent report on trafficking in persons required under such section (commonly referred to as the “Trafficking in Persons Report”). (b) Briefings Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall brief the appropriate congressional committees regarding the implementation of this section. (c) GAO report Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that details the activities of the United States relating to combating human trafficking, including forced labor, within multilateral development projects. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 102. Expanding prevention efforts at the United States Agency for International Development (a) In general In order to strengthen prevention efforts by the United States abroad, the Administrator of the United States Agency for International Development (referred to in this section as the Administrator (1) encourage the integration of activities to counter trafficking in persons (referred to in this section as C-TIP (2) determine a reasonable definition for the term C-TIP Integrated Development Programs, (3) ensure that each mission of the United States Agency for International Development (referred to in this section as USAID (A) integrates a C-TIP component into development programs, project design, and methods for program monitoring and evaluation, as necessary and appropriate, when addressing issues, including— (i) health; (ii) food security; (iii) economic development; (iv) education; (v) democracy and governance; and (vi) humanitarian assistance; (B) continuously adapts, strengthens, and implements training and tools related to the integration of a C-TIP perspective into the work of development actors; and (C) encourages USAID Country Development Cooperation Strategies to include C-TIP components in project design, implementation, monitoring, and evaluation, as necessary and appropriate. (b) Reports and briefings required (1) In general Not later than 1 year after the date of the enactment of an Act making appropriations for the Department of State, Foreign Operations, and Related Programs through fiscal year 2027, the Secretary of State, in consultation with the Administrator, shall submit to the appropriate congressional committees a report on obligations and expenditures of all funds managed by the Department of State and USAID in the prior fiscal year to combat human trafficking and forced labor, including integrated C-TIP activities. (2) Contents The report required by paragraph (1) shall include— (A) a description of funding aggregated by program, project, and activity; and (B) a description of the management structure at the Department of State and USAID used to manage such programs. (3) Biennial briefing Not later than 6 months of after the date of the enactment of this Act, and every 2 years thereafter through fiscal year 2027, the Secretary of State, in consultation with the Administrator, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the implementation of subsection (a). (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 103. Counter-trafficking in persons efforts in development cooperation and assistance policy The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (1) in section 102(b)(4)( 22 U.S.C. 2151–1(b)(4) (A) in subparagraph (F), by striking and (B) in subparagraph (G), by striking the period at the end and inserting ; and (C) by adding at the end the following: (H) effective counter-trafficking in persons policies and programs. ; and (2) in section 492(d)(1)( 22 U.S.C. 2292a(d)(1) (A) by striking that the funds (A) the funds ; (B) in subparagraph (A), as added by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and (C) by adding at the end the following: (B) in carrying out the provisions of this chapter, the President shall, to the greatest extent possible— (i) ensure that assistance made available under this section does not create or contribute to conditions that can be reasonably expected to result in an increase in trafficking in persons who are in conditions of heightened vulnerability as a result of natural and manmade disasters; and (ii) integrate appropriate protections into the planning and execution of activities authorized under this chapter. . 104. Technical amendments to tier rankings (a) Modifications to tier 2 watch list Section 110(b)(2) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(2) (1) in the paragraph heading, by striking Special Tier 2 (2) in subparagraph (A)— (A) by striking of the following countries annual report, where— of countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report, in which— (B) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and moving such clauses (as so redesignated) 2 ems to the left. (b) Modification to special rule for downgraded and reinstated countries Section 110(b)(2)(F) of such Act ( 22 U.S.C. 7107(b)(2)(F) (1) in the matter preceding clause (i), by striking special watch list described in subparagraph (A)(iii) for more than 1 consecutive year after the country Tier 2 watch list described in subparagraph (A) for more than one year immediately after the country consecutively (2) in clause (i), in the matter preceding subclause (I), by striking special watch list described in subparagraph (A)(iii) Tier 2 watch list described in subparagraph (A) (3) in clause (ii), by inserting in the year following such waiver under subparagraph (D)(ii) paragraph (1)(C) (c) Conforming amendments (1) Trafficking Victims Protection Act of 2000 Section 110(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b) (A) in paragraph (2)— (i) in subparagraph (B), by striking special watch list Tier 2 watch list (ii) in subparagraph (C)— (I) in the subparagraph heading, by striking special watch list Tier 2 watch list (II) by striking special watch list Tier 2 watch list (iii) in subparagraph (D)— (I) in the subparagraph heading, by striking special watch list Tier 2 watch list (II) in clause (i), by striking special watch list Tier 2 watch list (B) in paragraph (3)(B), in the matter preceding clause (i), by striking clauses (i), (ii), and (iii) of (C) in paragraph (4)— (i) in subparagraph (A), in the matter preceding clause (i), by striking each country described in paragraph (2)(A)(ii) each country described in paragraph (2)(A) (ii) in subparagraph (D)(ii), by striking the Special Watch List the Tier 2 watch list (2) Frederick Douglass Trafficking Victims Prevention And Protection Reauthorization Act of 2018 Section 204(b)(1) of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 ( Public Law 115–425 (3) Bipartisan Congressional Trade Priorities and Accountability Act of 2015 Section 106(b)(6)(E)(iii) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4205(b)(6)(E)(iii) under section under section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(2)(A) 105. Modifications to the program to end modern slavery (a) In general Section 1298 of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 7114 (1) in subsection (a)(1), by striking Not later than 90 days after the date of the enactment of this Act Not later than 90 days after the date of the enactment of the International Trafficking Victims Protection Reauthorization Act of 2023 (2) in subsection (g)— (A) by striking Appropriations There is authorized Appropriations (B) by striking paragraph (2); and (3) in subsection (h)(1), by striking Not later than September 30, 2018, and September 30, 2020 Not later than September 30, 2023, and September 30, 2027 (b) Eligibility To be eligible for funding under the Program to End Modern Slavery of the Office to Monitor and Combat Trafficking in Persons, a grant recipient shall— (1) publish the names of all subgrantee organizations on a publicly available website; or (2) if the subgrantee organization expresses a security concern, the grant recipient shall relay such concerns to the Secretary of State, who shall transmit annually the names of all subgrantee organizations in a classified annex to the chairs of the appropriate congressional committees (as defined in section 1298(i) of the National Defense Authorization Act of 2017 ( 22 U.S.C. 7114(i) (c) Award of funds All grants issued under the program referred to in subsection (b) shall be— (1) awarded on a competitive basis; and (2) subject to the regular congressional notification procedures applicable with respect to grants made available under section 1298(b) of the National Defense Authorization Act of 2017 ( 22 U.S.C. 7114(b) 106. Clarification of nonhumanitarian, nontrade-related foreign assistance (a) Clarification of scope of withheld assistance Section 110(d)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(d)(1) (1) Withholding of assistance The President has determined that— (A) the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the central government of the country or funding to facilitate the participation by officials or employees of such central government in educational and cultural exchange programs, for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; and (B) the President will instruct the United States Executive Director of each multilateral development bank and of the International Monetary Fund to vote against, and to use the Executive Director’s best efforts to deny, any loan or other utilization of the funds of the respective institution to that country (other than for humanitarian assistance, for trade-related assistance, or for development assistance that directly addresses basic human needs, is not administered by the central government of the sanctioned country, and is not provided for the benefit of that government) for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance. . (b) Definition of non-Humanitarian, nontrade-Related assistance Section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) (10) Nonhumanitarian, nontrade-related foreign assistance (A) In general The term nonhumanitarian, nontrade-related foreign assistance (i) United States foreign assistance, other than— (I) with respect to the Foreign Assistance Act of 1961— (aa) assistance for international narcotics and law enforcement under chapter 8 of part I of such Act ( 22 U.S.C. 2291 et seq. (bb) assistance for International Disaster Assistance under subsections (b) and (c) of section 491 of such Act ( 22 U.S.C. 2292 (cc) antiterrorism assistance under chapter 8 of part II of such Act ( 22 U.S.C. 2349aa et seq. (dd) health programs under chapters 1 and 10 of part I and chapter 4 of part II of such Act ( 22 U.S.C. 2151 et seq. (II) assistance under the Food for Peace Act ( 7 U.S.C. 1691 et seq. (III) assistance under sections 2(a), (b), and (c) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601(a) (IV) any form of United States foreign assistance provided through nongovernmental organizations, international organizations, or private sector partners— (aa) to combat human and wildlife trafficking; (bb) to promote food security; (cc) to respond to emergencies; (dd) to provide humanitarian assistance; (ee) to address basic human needs, including for education; (ff) to advance global health security; or (gg) to promote trade; and (V) any other form of United States foreign assistance that the President determines, by not later than October 1 of each fiscal year, is necessary to advance the security, economic, humanitarian, or global health interests of the United States without compromising the steadfast U.S. commitment to combatting human trafficking globally; or (ii) sales, or financing on any terms, under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. 22 U.S.C. 2394–1 (B) Exclusions The term nonhumanitarian, nontrade-related foreign assistance . 107. Expanding protections for domestic workers of official and diplomatic visa holders Section 203(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375c(b) (5) National expansion of in-person registration program The Secretary shall administer the Domestic Worker In-Person Registration Program for employees with A–3 visas or G–5 visas employed by accredited foreign mission members or international organization employees and shall expand this program nationally, which shall include— (A) after the arrival of each such employee in the United States, and annually during the course of such employee's employment, a description of the rights of such employee under applicable Federal and State law; (B) provision of a copy of the pamphlet developed pursuant to section 202 to the employee with an A–3 visa or a G–5 visa; and (C) information on how to contact the National Human Trafficking Hotline. (6) Monitoring and training of A–3 and G–5 visa employers accredited to foreign missions and international organizations The Secretary shall— (A) inform embassies, international organizations, and foreign missions of the rights of A–3 and G–5 domestic workers under the applicable labor laws of the United States, including the fair labor standards described in the pamphlet developed pursuant to section 202. Information provided to foreign missions, embassies, and international organizations should include material on labor standards and labor rights of domestic worker employees who hold A–3 and G–5 visas; (B) inform embassies, international organizations, and foreign missions of the potential consequences to individuals holding a nonimmigrant visa issued pursuant to subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) (i) the suspension of A–3 visas and G–5 visas; (ii) request for waiver of immunity; (iii) criminal prosecution; (iv) civil damages; and (v) permanent revocation of or refusal to renew the visa of the accredited foreign mission or international organization employee; and (C) require all accredited foreign mission and international organization employers of individuals holding A–3 visas or G–5 visas to report the wages paid to such employees on an annual basis. . 108. Effective dates Sections 104(b) and 106 and the amendments made by those sections take effect on the date that is the first day of the first full reporting period for the report required by section 110(b)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) II Authorization of appropriations 201. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000 Section 113 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7110 (1) in subsection (a), by striking 2018 through 2021, $13,822,000 2024 through 2027, $17,000,000 (2) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by striking 2018 through 2021, $65,000,000 2024 through 2027, $102,500,000, of which $22,000,000 shall be made available each fiscal year to the United States Agency for International Development and the remainder of (B) in subparagraph (C), by striking ; and (C) in subparagraph (D), by striking the period at the end and inserting ; and (D) by adding at the end the following: (E) to fund programs to end modern slavery, in an amount not to exceed $37,500,000 for each of the fiscal years 2024 through 2027. . 202. Extension of authorizations under the International Megan’s Law Section 11 of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders ( 34 U.S.C. 21509 2018 through 2021 2024 through 2027 III Briefings 301. Briefing on annual trafficking in person’s report Not later than 30 days after the public designation of country tier rankings and subsequent publishing of the Trafficking in Persons Report, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on— (1) countries that were downgraded or upgraded in the most recent Trafficking in Persons Report; and (2) the efforts made by the United States to improve counter-trafficking efforts in those countries, including foreign government efforts to better meet minimum standards to eliminate human trafficking. 302. Briefing on use and justification of waivers Not later than 30 days after the President has determined to issue a waiver under section 110(d)(5) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(d)(5) (a) each country that received a waiver; (b) the justification for each such waiver; and (c) a description of the efforts made by each country to meet the minimum standards to eliminate human trafficking.

International Trafficking Victims Protection Reauthorization Act of 2023

Financial Oversight and Management Board Integrity Act of 2023 This bill disqualifies certain third-party advisory or consulting firms with a potential conflict of interest from advising a Financial Oversight and Management Board. Such a board has been established for Puerto Rico. Specifically, a board must establish rules to disqualify any third-party advisory or consulting firm from advising the board for any period during which the firm has a client, or provides consulting services to, an individual, corporation, or other business entity that is competing for or performing a contract with the territorial government, the performance of which is within the board's jurisdiction.

118 S922 IS: Financial Oversight and Management Board Integrity Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 922 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Rubio Mr. Scott of Florida Committee on Energy and Natural Resources A BILL To amend PROMESA to include certain ethics provisions to provide for the disqualification of certain advisors to the Financial Oversight and Management Board, and for other purposes. 1. Short title This Act may be cited as the Financial Oversight and Management Board Integrity Act of 2023 2. Disqualification of certain advisors to the financial oversight and management board Section 109 of PROMESA ( 48 U.S.C. 2129 (c) Disqualification of certain advisors (1) Definition of covered contract In this subsection, the term covered contract (2) Disqualification In accordance with the rules adopted by the Oversight Board under paragraph (3), any third-party advisory or consulting firm shall be disqualified from advising the Oversight Board for the duration of any period during which the firm has as a client, or provides advisory or other consulting services in any capacity to, an individual, corporation, association, organization, or other business entity, including a subsidiary, that is competing for, or is performing, a covered contract. (3) Rules For purposes of carrying out paragraph (2), the Oversight Board shall adopt rules to carry out the following: (A) To be eligible to advise or consult the Oversight Board with respect to the review, procurement, or performance of a covered contract, a third-party advisory or consulting firm shall certify to the Oversight Board that the third-party advisory or consulting firm is not disqualified from advising the Oversight Board under paragraph (2). (B) Any officer or employee of a third-party advisory or consulting firm who prepares, presents, or certifies any information or report with respect to the certification of the third-party advisory or consulting firm under subparagraph (A) for the Oversight Board, or any agent of the Oversight Board, that is intentionally false or misleading, or, on learning that any such information is false or misleading, fails to immediately advise the Oversight Board or an agent of the Oversight Board in writing, shall be subject to prosecution and penalties under law. (C) If, after an investigation conducted by the Oversight Board, the Oversight Board determines that a third-party advisory or consulting firm has provided services to the Oversight Board in violation of paragraph (2), has failed to submit a certification required under subparagraph (A), or is in violation of subparagraph (B) (including any rules adopted under subparagraph (A) or (B)), the Oversight Board shall immediately refer such information to the Attorney General for the covered territory and the Office of the United States Attorney for the covered territory. .

Financial Oversight and Management Board Integrity Act of 2023

Better Mental Health Care for Americans Act This bill modifies programs and payment rates for behavioral health services under Medicare, Medicare Advantage, the Medicare prescription drug benefit, Medicaid, and the Children's Health Insurance Program (CHIP). For example, the bill provides for specialized payment under the Medicare physician fee schedule of certain mental health and substance use disorder services that are integrated into primary care practice, such as preventive screenings and telehealth treatment. It also establishes and provides funds for a Medicaid demonstration program to provide such services to children in a variety of settings, including schools and hospitals. The bill also requires Medicare Advantage and Medicare prescription drug benefit plans to offer mental health and substance use disorder benefits in a manner that is no more restrictive than other benefits with respect to financial and treatment requirements (i.e., parity in benefits). Additionally, the Centers for Medicare & Medicaid Services must audit state Medicaid and CHIP programs with respect to parity requirements and post its related enforcement actions on its website; the bill provides funds for these purposes.

117 S923 IS: Better Mental Health Care for Americans Act U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 923 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Bennet Mr. Wyden Committee on Finance A BILL To amend titles XVIII and XIX of the Social Security Act to reform and improve mental health and substance use care under the Medicare and Medicaid programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Better Mental Health Care for Americans Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Medicare part B provisions Sec. 101. Payment under the Medicare physician fee schedule for inherently complex evaluation and management visits related to integrated mental health and substance use disorder care. Sec. 102. Ensuring access to early intervention in mental health care in Medicare. TITLE II—Medicare Advantage and part D provisions Sec. 201. Parity in mental health and substance use disorder benefits under Medicare Advantage and prescription drug plans. Sec. 202. Behavioral health measures and incentivizing behavioral health care quality. Sec. 203. Providing information on behavioral health coverage to promote informed choice. Sec. 204. Requiring MA organizations to maintain accurate and updated provider directories. TITLE III—Medicaid and CHIP Sec. 301. Enhanced payment under Medicaid for integrated mental health and substance use disorder care services. Sec. 302. Demonstration project to ensure Medicaid-enrolled children have access to integrated mental health and substance use disorder care services, including prevention and early intervention services. Sec. 303. Uniform applicability to Medicaid of requirements for parity in mental health and substance use disorder benefits. Sec. 304. Requiring additional transparency on access to mental health and substance use disorder benefits through managed care. Sec. 305. Authority to defer or disallow a portion of Federal financial participation for failure to comply with managed care requirements. Sec. 306. Medicaid and CHIP audits. TITLE IV—Other provisions Sec. 401. Ensuring multi-payer alignment on payment and measurement of quality of care and health outcomes related to integrated mental health and substance use disorder care. Sec. 402. Measuring access and quality outcomes in mental health and substance use disorder care. Sec. 403. Reviewing the evidence for integrated mental health care for children. Sec. 404. Enhancing oversight of integrated mental health and substance use disorder care. I Medicare part B provisions 101. Payment under the Medicare physician fee schedule for inherently complex evaluation and management visits related to integrated mental health and substance use disorder care (a) In general Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) (13) Payment for inherently complex evaluation and management visits related to integrated mental health and substance use disorder care (A) In general The Secretary shall establish a new HCPCS add–on code under the fee schedule established under this subsection for integrated mental health and substance use disorder care services (as defined in subparagraph (B)(i)) that are furnished on or after January 1, 2025, when furnished by an integrated care practitioner on the same date of service that a service in the HCPCS category of office and other outpatient evaluation and management services is furnished. Such add-on code may be similar to HCPCS code G2211. (B) Definitions In this paragraph: (i) Integrated mental health and substance use disorder care services (I) In general The term integrated mental health and substance use disorder care services (II) Services described The services described in this subclause are the following: (aa) Preventive services and screening for mental health and substance use disorders that the Secretary determines are— (AA) reasonable and necessary for the prevention or early detection of a mental health or substance use disorder; (BB) recommended with a grade of A or B by the United States Preventive Services Task Force or recommended in Health Resources and Services–supported guidelines for infants, children, adolescents, and women; and (CC) appropriate for individuals enrolled under this part. (bb) The routine use and tracking of quality measures appropriate for the measurement of the quality of care (including medication errors) related to behavioral health that reflect consensus among affected parties and, to the extent feasible and practicable, shall include measures set forth by one or more national consensus building entities. (cc) Short-term, evidence-based, culturally, and linguistically appropriate therapeutic and psychosocial intervention integrated into the primary care practice, including through telehealth. (dd) Evidence-based treatment for mental health and substance use care integrated into the primary care practice, including through telehealth, or through referral. (ee) Care management, which can include establishing, implementing, revising or monitoring the care plan, coordinating with other professionals and agencies, and educating the individual or caregiver about the individual’s condition, care plan, or prognosis. (ff) Other services determined by the Secretary. (ii) Integrated care practitioner (I) In general The term integrated care practitioner (II) Demonstrating capacity guidance; attestation For purposes of applying subclause (I) with respect to an integrated care practitioner demonstrating the capacity to furnish integrated mental health and substance use disorder care services, the Secretary shall issue guidance, not later than one year after the date of the enactment of this paragraph, describing requirements for demonstrating capacity to provide such services and establishing a process for the Secretary to receive an attestation that an integrated care practitioner has such capacity. Such guidance and attestation may not impose additional burden on small practices (as defined for purposes of subsection (q)(11)) and practices located in rural areas. (C) Payment (i) Amount of payment The fee schedule amount for integrated mental health and substance use disorder care services shall not be less than the fee schedule amount for services described by HCPCS code G2211 (or any successor or substantially similar code). (ii) Add-on services If, during the furnishing of an evaluation and management service to an individual by an integrated care practitioner, such practitioner also furnishes (or coordinates the furnishing of) integrated mental health and substance use disorder care services on the same date of service, payment shall also be made for such integrated mental health and substance used disorder care services even if the individual did not previously have a mental health or substance use disorder diagnosis. (iii) Payment considerations In carrying out this paragraph, the Secretary shall ensure that the amount of payment for integrated mental health and substance use disorder care services under this paragraph is sufficient to sustain effective and accessible integrated mental health and substance use disorder care under this part, as determined by evidence from practice expenses of those implementing effective integrated care as well as evidence of the resource needs of integrated care practitioners who furnish such services in mental health professional shortage areas (as designated under section 332(a)(1)(A) of the Public Health Service Act) and medically underserved areas. . (b) Exemption from budget neutrality Section 1848(c)(2)(B)(iv) of the Social Security Act (42 U.S.C. 1395w–4(C)(2)(b)(iv)) is amended by adding at the end the following new subclause: (VII) Subsection (b)(13) shall not be taken into account in applying clause (ii)(II) for 2025. . (c) Waiver of coinsurance Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (1) by striking and (HH) (2) by inserting before the semicolon at the end the following: , and (II) with respect to integrated mental health and substance use disorder care services (as defined in subparagraph (B)(i) of section 1848(b)(13)) that are furnished on or after January 1, 2025, the amounts paid shall be equal to 100 percent of the lesser of the actual charge for such services or the fee schedule amount provided under such section 102. Ensuring access to early intervention in mental health care in Medicare Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (1) by striking and (II) (2) by inserting before the semicolon at the end the following: , and (JJ) with respect to behavioral health integration services described by HCPCS codes 99492, 99493, 99494, 99484 , G2214, and G0323 (or any successor or substantially similar code) furnished on or after January 1, 2025, the amounts paid shall be equal to 100 percent of the lesser of the actual charge for such services or the fee schedule amount provided under section 1848(b) II Medicare Advantage and part D provisions 201. Parity in mental health and substance use disorder benefits under Medicare Advantage and prescription drug plans (a) Medicare Advantage plans (1) In general Section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 (o) Parity in mental health and substance use disorder benefits (1) In general Each MA organization shall ensure that the benefit design of each MA plan offered by such organization meets the following requirements: (A) Financial requirements The financial requirements applicable to mental health or substance use disorder benefits covered by the plan may not exceed the predominant financial requirements applied to substantially all medical benefits covered by the plan, including supplemental benefits, and there are no separate cost sharing requirements that are applicable only with respect to mental health and substance use disorder benefits. (B) Treatment limitations The treatment limitations applicable to mental health or substance use disorder benefits are no more restrictive than the predominant treatment limitations applied to substantially all medical benefits covered by the plan and there are no separate treatment limitations that are applicable only with respect to mental health or substance use disorder benefits, including supplemental benefits. (2) Determinations of medical necessity (A) In general Each MA organization shall ensure that any determination of medical necessity for mental health or substance use benefits under each MA plan offered by such organization that is not based on the application of a national or local coverage determination is consistent with generally accepted standards of mental health and substance use disorder care, as defined in paragraph. For any level of care determination with respect to mental health or substance use disorder benefits, coverage criteria are consistent with widely-used treatment guidelines only if they result in a level of care determination that is consistent with the determination that would have been made using the relevant widely-used treatment guidelines. (B) Criteria for medical necessity determinations The criteria for determination of medical necessity with respect to mental health or substance use disorder benefits under an MA plan shall be made available in plain language to any individual upon request. (3) Reporting on application of nonquantitative treatment limitations (A) Comparative analyses of design and application of nonquantitative treatment limits For 2025 and subsequent years, in the case of an MA organization that imposes nonquantitative treatment limitations (referred to in this paragraph as NQTLs (i) The specific plan terms regarding the NQTLs and a description of all mental health or substance use disorder and medical benefits to which each such term applies in each respective benefits classification. (ii) The factors used to determine that the NQTLs will apply to mental health or substance use disorder benefits and medical benefits. (iii) The evidentiary standards used for the factors identified in clause (ii), when applicable, provided that every factor shall be defined, and any other source or evidence, including utilization of decision support technology, artificial intelligence technology, machine-learning technology, clinical decision-making technology, or any other technology specified by the Secretary, relied upon to design and apply the NQTLs to mental health or substance use disorder benefits and medical benefits. (iv) The comparative analyses demonstrating that the processes, strategies, evidentiary standards, and other factors used to apply the NQTLs to mental health or substance use disorder benefits, as written and in operation, are comparable to, and are applied no more stringently than, the processes, strategies, evidentiary standards, and other factors used to apply the NQTLs to medical benefits in the benefits classification. (v) The specific findings and conclusions reached by the MA organization with respect to the MA plan, including any results of the analyses described in this subparagraph that indicate that the plan is or is not in compliance with this subsection. (B) Submission to Secretary upon request An MA organization shall submit to the Secretary the comparative analyses described in subparagraph (A) and the information described in clauses (i) through (v) of such subparagraph upon request by the Secretary. The Secretary shall request not fewer than 20 such analyses per year. (C) Report Not later than October 1, 2029, and biennially thereafter, the Secretary shall submit to Congress, and make publicly available, a report that contains the following: (i) A summary of the comparative analyses and information requested under subparagraph (B). (ii) The Secretary's conclusions as to whether each MA organization submitted sufficient information for the Secretary to review the comparative analyses and information requested for compliance with this subsection. (iii) The Secretary's conclusions as to whether each MA organization that submitted sufficient information for the Secretary to review was in compliance with this subsection. (4) Definitions In this subsection: (A) Classification of benefits The term classification of benefits (i) Inpatient Benefits under part A. (ii) Outpatient Benefits furnished on an outpatient basis under part B. (iii) Emergency care Benefits for emergency care covered under part B. (iv) Part B prescription drugs Benefits for drugs and biologicals covered under part B. (v) Covered part D drugs Benefits for covered part D drugs as defined in section 1860D–2(e). (vi) Supplemental Supplemental health care benefits as described in section 1852(a)(3). (B) Evidentiary standards The term evidentiary standard (C) Financial requirement The term financial requirement (D) Generally accepted standards of mental health and substance use disorder care The term generally accepted standards of mental health and substance use disorder care (E) Mental health benefits The term mental health benefits (F) Predominant A financial requirement or treatment limit is considered to be predominant if it is the most common or frequent of such type of limit or requirement. (G) Substance use disorder benefits The term substance use disorder benefits (H) Substantially all A financial requirement or treatment limitation applies to substantially all medical benefits in a classification if it applies to at least two-thirds of the benefits in that classification. (I) Treatment limitation (i) In general The term treatment limitation (I) Quantitative treatment limitations Quantitative treatment limitations, including limits on the frequency of treatment, number of visits, days of coverage, or other similar limits on the scope or duration of treatment. (II) Nonquantitative treatment limitations Nonquantitative treatment limitations, including other limits on the access, scope, or duration of benefits for treatment under a plan or coverage not described in subclause (I), such as— (aa) medical management standards limiting or excluding benefits based on medical necessity or medical appropriateness, or based on whether the treatment is experimental or investigative; (bb) for plans with multiple network tiers (such as preferred providers and participating providers), network tier design; (cc) standards for provider admission to participate in a network, including reimbursement rates; (dd) refusal to pay for higher-cost therapies until it can be shown that a lower-cost therapy is not effective (also known as fail-first policies or step therapy protocols); (ee) exclusions based on failure to complete a course of treatment; and (ff) restrictions based on geographic location, facility type, provider specialty, and other criteria that limit the scope or duration of benefits for services provided under the plan or coverage. (ii) Exclusions The term treatment limitation . (2) Enforcement Section 1857(g)(1) of the Social Security Act ( 42 U.S.C. 1395w–27(g)(1) (A) in subparagraph (J), by striking or (B) by redesignating subparagraph (K) as subparagraph (L); (C) by inserting after subparagraph (J), the following new subparagraph: (K) fails to comply with mental health parity requirements under section 1852(o) or applicable implementing regulations or guidance; or ; (D) in subparagraph (L), as redesignated by subparagraph (B), by striking through (J) through (K) (E) in the flush matter following subparagraph (L), as so redesignated, by striking subparagraphs (A) through (K) subparagraphs (A) through (L) (b) Prescription drug plans Section 1860D–4 of the Social Security Act ( 42 U.S.C. 1395w–104 (c) Parity in mental health and substance use disorder benefits The provisions of section 1852(o) (relating to parity in mental health and substance use disorder benefits) shall apply to PDP sponsors offering prescription drug plans in the same manner in which such provisions apply with respect to Medicare Advantage organizations offering MA–PD plans. . (c) Regulations Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue regulations to carry out the amendments made by this section. (d) Effective date The amendments made by this section shall apply with respect to plan years beginning after the date that is 2 years after the date of enactment of this Act, regardless of whether regulations have been issued to carry out such amendments by such effective date. (e) Implementation funding For purposes of carrying out the provisions of, including the amendments made by, this section, there are appropriated, out of amounts in the Treasury not otherwise appropriated, to the Centers for Medicare & Medicaid Services Program Management Account, $10,000,000 for fiscal year 2024, which shall remain available until expended. 202. Behavioral health measures and incentivizing behavioral health care quality Section 1853(o) of the Social Security Act ( 42 U.S.C. 1395w–23(o) (8) Behavioral health measures (A) In general For 2025 and biennially thereafter, the Secretary shall consider adding to the 5-star rating system behavioral health measures that measure the quality and outcomes of— (i) mental health or substance use disorder services; and (ii) items and services not described in clause (i) that are furnished to an individual with a mental health or substance use disorder. (B) Considerations In considering the addition of behavioral health measures under subparagraph (A), the Secretary shall— (i) consider measures for which data can be collected through encounter data or enrollee survey data submitted by MA organizations; (ii) consider measures endorsed by a consensus-based entity, as described in section 1890(a); (iii) consider measures that assess the quality and health outcomes of items and services described in subparagraph (A), including contraindicated or low-value care, furnished to individuals with a mental health or substance use disorder; (iv) consider measures that assess access to behavioral health treatment, including measures of wait times, distance standards, providers who are taking on new patients, and the proportion of behavioral health providers who have not submitted a claim for a mental health or substance use disorder service during the past six months; (v) consider measures that assess the integration of behavioral health care and primary care services; (vi) consider measures that align with behavioral health measures— (I) used to assess performance in part A or part B; or (II) identified as part of the Core Set of Health Care Quality Measures for Adults as described in section 1139B; and (vii) consider measures that assess patient experience of care. . 203. Providing information on behavioral health coverage to promote informed choice Section 1851(d)(4) of the Social Security Act ( 42 U.S.C. 1395w–21(d)(4) (F) Behavioral health information For 2025 and subsequent plan years, to the extent available, the following information with respect to the preceding plan year: (i) Information on access to in-network behavioral health providers, disaggregated by those who prescribe and those who offer mental health or substance use disorder services, including— (I) the average wait time (as defined by the Secretary) for an appointment for a new patient with an in-network provider for mental health or substance disorder services; (II) the total number and percentage of providers who have participation agreements with the organization who submitted at least one request for payment for a mental health or substance use disorder service during a 6 month period (or other period specified by the Secretary); and (III) the percentage of requests for payment for mental health or substance use disorder services that were submitted by— (aa) in-network providers; and (bb) out-of-network providers. (ii) Information on the number of denials of prior authorization requests or denials of payment for mental health or substance use disorder services compared to non-mental health and substance use disorder services overall, categorized by the type of denial and by the type of service, as defined by the Secretary, including— (I) the number and percent of such denials by the number of days to denial, the reason for denial, and the utilization of decision support technology, artificial intelligence technology, machine-learning technology, clinical decision-making technology, or any other technology specified by the Secretary; and (II) the number and percent of such denials with respect to a mental health or substance use disorder service compared to such denials with respect to items and services for a similar physical health condition (such as depression compared to diabetes) by the number of days to denial, the reason for denial, and the utilization of decision support technology, artificial intelligence technology, machine-learning technology, clinical decision-making technology, or any other technology specified by the Secretary. . 204. Requiring MA organizations to maintain accurate and updated provider directories (a) In general Section 1852(c) of the Social Security Act ( 42 U.S.C. 1395w–22(c) (1) in paragraph (1)(C)— (A) by striking plan, and any plan, any (B) by inserting the following before the period: , and, in the case of a network-based MA plan (as defined in paragraph (3)(C)), the information described in paragraph (3)(A)(i)(II) (2) by adding at the end the following new paragraph: (3) Provider directory accuracy and transparency (A) In general For plan year 2025 and subsequent plan years, each MA organization offering a network-based MA plan shall do the following: (i) Maintain an accurate provider directory (I) In general The MA organization shall, for each network-based MA plan offered by the organization, maintain an accurate provider directory— (aa) that includes the information described in subclause (II); (bb) which, not less frequently than 90 days, the organization verifies and, if applicable, updates the provider directory information of each provider; (cc) that provides, if the organization is unable to verify such information with respect to a provider, for the inclusion along with the information in the directory with respect to such provider of a notification indicating that the information may not be up to date; (dd) that provides for the removal of a provider from such directory within 2 business days if the organization determines that the provider is no longer a participating provider; and (ee) that meets such other requirements as the Secretary may specify. (II) Information described The information described in this subclause is the National Provider Identifier, name, address, specialty, telephone number, Internet website if available, availability (including whether the provider is accepting new patients), cultural and linguistic capabilities (including the languages offered by the provider or by a skilled medical interpreter who provides interpretation services for the provider), and other information as determined appropriate by the Secretary for each provider with which such MA organization has an agreement for furnishing items and services covered under such plan. (ii) Submission of provider directory to the Secretary The MA organization shall submit to the Secretary the provider directory for each network-based MA plan offered by the organization in a manner specified by the Secretary. (B) Posting of provider directory information For plan year 2026 and subsequent plan years, the Secretary shall post the provider directory information submitted under subparagraph (A)(ii), in a machine readable file, on the internet website of the Centers for Medicare & Medicaid Services. (C) Network-based MA plan defined In this paragraph, the term network-based MA plan . (b) Enforcement Section 1857(d) of the Social Security Act ( 42 U.S.C. 1395w–27(d) (7) Audit of provider directories Each contract under this section shall provide that the Secretary, or any person or organization designated by the Secretary, shall have the right to audit any provider directory under section 1852(c)(3)(A)(i) to determine whether such directory meets the requirements of such section. . (c) Funding In addition to amounts otherwise available, there is appropriated to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2023, out of any amounts in the Treasury not otherwise appropriated, $10,000,000, to remain available until expended, for purposes of carrying out the amendments made by this section. III Medicaid and CHIP 301. Enhanced payment under Medicaid for integrated mental health and substance use disorder care services Section 1903 of the Social Security Act ( 42 U.S.C. 1396b (1) in subsection (a)(3)— (A) in subparagraph (D), by inserting and (B) in subparagraph (F)(ii), by striking plus and (C) by inserting after subparagraph (F)(ii), the following: (G) for calendar quarters beginning on or after January 1, 2025, 100 percent of the amount determined for such quarter under subsection (cc); and ; and (2) by adding the end the following: (cc) Enhanced payment for integrated mental health and substance use disorder care services (1) In general For purposes of subsection (a)(3)(G), in accordance with guidance issued not later than the date that is 180 days after the date of the enactment of this subsection by the Secretary to States, the amount determined under this subsection with respect to a State and calendar quarter is the amount by which— (A) the aggregate amount expended by the State during the calendar quarter for medical assistance provided by a primary care practitioner (as defined in section 1833(x)(2)(A)(i)) for integrated mental health and substance use disorder care services described in section 1848(b)(13)(B) and such other items and services for the care of mental health and substance use conditions furnished by, or in coordination with, such primary care practitioner as the Secretary, in consultation with the State, may specify; exceeds (B) the quarterly average of the aggregate amounts expended by the State for medical assistance described in subparagraph (A) during the applicable base period for the calendar quarter involved. (2) Applicable base period defined (A) In general For purposes of paragraph (1), the term applicable base period (B) Base period end date defined For purposes of subparagraph (A), the term base period end date (i) December 31, 2024; and (ii) December 31 of every 5th year following 2024. . 302. Demonstration project to ensure Medicaid-enrolled children have access to integrated mental health and substance use disorder care services, including prevention and early intervention services (a) In general Not later than the date that is 180 days after the date of the enactment of this section, the Secretary shall conduct a 54-month demonstration project for the purpose described in subsection (b) under which the Secretary shall— (1) for the first 18-month period of such project, award planning grants described in subsection (c); and (2) for the remaining 36-month period of such project, provide to each State selected under subsection (d) payments in accordance with subsection (e). (b) Purpose The purpose described in this subsection is for each State that receives a planning grant under subsection (c) to ensure that every Medicaid-enrolled child in the State has access to integrated mental health and substance use disorder care services, including prevention and early intervention services, so as to allow for the prevention, identification, and treatment of mental health and substance use conditions in primary care, children's hospitals, early care and education, schools, or other settings as appropriate (such as home visiting and early intervention programs for young children, foster care or other child welfare care settings, or workforce development programs and community centers for youth) (in this section collectively referred to as care settings (1) Activities that support an ongoing assessment of the accessibility of integrated mental health and substance use disorder care services, including prevention and early intervention services, for Medicaid-enrolled children in the State that tracks progress toward the goal of all Medicaid-enrolled children (including infants and toddlers as well as transition-aged youth) having access to appropriate levels of services in care settings in which the children regularly engage, and that is conducted in partnership with such children and families, to ensure that the assessment reflects their perspective, experiences, and solutions. (2) Activities that, taking into account the results of the assessment described in paragraph (1), support the development, implementation, and maintenance of State infrastructure, such as technology and the physical structures necessary to physically co-locate integrated mental health and substance use disorder care services, including prevention and early intervention services, and a workforce to provide the types of support, training, and technical assistance needed in order to offer integrated mental health and substance use care services, including prevention and early intervention services, in care settings with which Medicaid-enrolled children and their families regularly interact, which are selected for integration based on the assessment of where such children and their families can access such services, and for which furnishing integrated mental health and substance use disorder care services, including prevention and early intervention services, will be sustainable under the State's planned activities. (3) Increased reimbursement and improved incentives for care settings to sustainably implement and provide (either through direct delivery or coordination in the case of a care setting that is an early care or education program)— (A) developmentally appropriate mental health promotive and preventive interventions for Medicaid-enrolled children and their families, along with screening to identify psycho-social needs of such children who do not yet have a diagnosable mental health condition (consistent with the requirements for providing items and services described in section 1905(a)(4)(B) of the Social Security Act ( 42 U.S.C. 1396d(a)(4)(B) 42 U.S.C. 1396d(r) 42 U.S.C. 1396a(a)(43) 42 U.S.C. 18022(b) (B) evidence-based, person-centered, and culturally, linguistically, and developmentally appropriate interventions at the site of service, either in-person or virtually integrated, to address any identified family and child psycho-social needs, including developmentally appropriate assessment and diagnostic services, treatment, care coordination, and dyadic intervention approaches; and (C) referral to developmentally appropriate mental health and substance use specialty care providers and programs, community-based resources, or virtual or digital services to address risk factors or meet psycho- social needs that cannot be addressed in an integrated setting. (4) Improved regulatory oversight of policies governing the provision of services described in paragraph (3), including with respect to early and periodic screening, diagnostic, and treatment services referred to in such paragraph, mental health and substance use parity, network adequacy, essential health benefits referred to in such paragraph, Medicaid rate setting, scope of practice policies, and health professional shortage areas. (5) Improved alignment between Medicaid and commercial health insurers to ensure that services described in paragraph (3) are supported by commercial health insurers, such as through the initiation of multi-payer collaboratives. (6) Improved coordination among State and local agencies and other stakeholders that fund or provide primary care, children's hospitals, early care and education, or other programs in care settings described in this subsection so as to include efforts to align policies to promote coordination of mental health and substance use services funded under such programs across care settings, including through the alignment of Medicaid with programs under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 20 U.S.C. 1400 et seq. Public Law 115–123 42 U.S.C. 621 et seq. 42 U.S.C. 629 et seq. 42 U.S.C. 711 Public Law 117–2 42 U.S.C. 9857 et seq. (7) Activities that include Medicaid-enrolled children and their families and caregivers as partners at all levels of decision-making, implementation, and evaluation, including engaging such children who are youth and their families directly as paraprofessional providers. (c) Planning grants (1) In general For the first 18-month period of the demonstration project, the Secretary shall award planning grants to States that apply for such grants, including to entities specified in subparagraphs (B) and (C) of subsection (h)(7). A State awarded a planning grant under this subsection shall use the grant to carry out the activities described in paragraph (2) for purposes of preparing and submitting an application to participate in the remaining 36-month period of the demonstration project in accordance with subsection (d). (2) Activities described Activities described in this paragraph are, with respect to a State awarded a planning grant under this subsection, each of the following: (A) Activities that support the development of an initial assessment of the access needs of Medicaid-enrolled children in the State with respect to mental health and substance use services, to determine the types of support, training, incentives, and technical assistance that primary care, early care and education, or other programs provided in care settings described in subsection (b) and with which Medicaid-enrolled children and their families regularly engage need in order to offer integrated mental health and substance use disorder care services, including prevention and early intervention services, and which shall include engaging Medicaid-enrolled children and their families directly to ensure that the assessment builds toward solutions that meet their needs and reflect their perspectives, experiences, and solutions. (B) Activities that, taking into account the results of the assessment described in subparagraph (A), support the development of State infrastructure, such as technology and the physical structures necessary to physically co-locate integrated mental health and substance use disorder care services, including prevention and early intervention services, to provide the types of support, training, incentives, and technical assistance that primary care, early care and education, or other programs provided in care settings described in subsection (b) and with which Medicaid-enrolled children and their families regularly engage need in order to offer integrated mental health and substance use disorder care services, including prevention and early intervention services, to Medicaid-enrolled children, as well as activities that support ongoing engagement of Medicaid-enrolled children and their families in implementation and coordination with health insurers and with other child-serving agencies and stakeholders. (3) Funding For purposes of awarding planning grants under paragraph (1), there is appropriated, out of any funds in the Treasury not otherwise appropriated, $100,000,000, to remain available until expended. (d) Post-Planning States (1) In general For the remaining 36-month period of the demonstration project, the Secretary shall make payments in accordance with subsection (e) to all States that submit applications that meet the requirements of paragraph (2) and carry out the activities described in that paragraph. (2) Applications; activities (A) In general A State seeking to be selected to participate in the remaining 36-month period of the demonstration project shall submit to the Secretary, at such time and in such form and manner as the Secretary requires, an application that includes such information, provisions, and assurances, as the Secretary may require, in addition to the following: (i) A process for carrying out the ongoing assessment described in subsection (b)(1), taking into account the results of the initial assessment described in subsection (c)(2)(A). (ii) A review of Medicaid reimbursement methodologies and other policies related to furnishing integrated mental health and substance use disorder care services, including prevention and early intervention services, to Medicaid-enrolled children that may create barriers to access. If the State uses multiple reimbursement methodologies under Medicaid for mental health and substance use care (such as capitation, fee-for-service, value-based, and alternative payment programs), the State shall include in the application specific detailed information regarding how the State will verify that the combination of reimbursement methodologies employed by the State will result in improved access to integrated mental health and substance use disorder care services, including prevention and early intervention services, for Medicaid-enrolled children. (iii) The development of a plan, taking into account activities carried out under subsection (c)(2)(B), that will result in long-term and sustainable access to integrated mental health and substance use disorder care services, including prevention and early intervention services, for Medicaid-enrolled children which includes the following: (I) Specific activities to increase access to integrated mental health and substance use disorder care services, including prevention and early intervention services, so as to allow for the prevention, identification, and treatment of mental health and substance use conditions in primary care, early care and education, or other programs provided in care settings described in subsection (b) and with which Medicaid-enrolled children and their families regularly engage. (II) Strategies that will incentivize a racially and culturally diverse array of providers (including paraprofessionals) to obtain the necessary training, education, and support to deliver integrated care for the developmentally appropriate prevention, identification, assessment, diagnosis, and treatment of mental health and substance use conditions in Medicaid-enrolled children in primary care, early care and education, or other programs provided in care settings described in subsection (b) and with which Medicaid-enrolled children and their families regularly engage. (III) Milestones and timeliness for implementing activities set forth in the plan, as determined by the Secretary. (IV) Specific measurable targets for increasing equitable access to integrated mental health and substance use disorder care services, including prevention and early intervention services, for Medicaid-enrolled children. (V) Specific measurable targets for increasing the workforce providing integrated mental health and substance use disorder care services, including prevention and early intervention services. (iv) A process for reporting the information required under subsection (f)(1), including information to assess the effectiveness of the efforts of the State during the period of the demonstration project under this subsection and ensure the sustainability of such efforts after the conclusion of the demonstration project. (v) The expected financial impact of the demonstration project on the State. (vi) A description of funding sources available to the State to expand access to integrated mental health and substance use disorder care services, including prevention and early intervention services in the State, including health care, public health, education, and social service funding opportunities. (vii) A preliminary plan for how the State will sustain access to integrated mental health and substance use disorder care services, including prevention and early intervention services, for Medicaid-enrolled children after the demonstration project, including maintenance of incentives and enhanced reimbursement rates. (viii) A description of how the State will coordinate the goals of the demonstration project with any waiver granted (or submitted by the State and pending) pursuant to section 1115 of the Social Security Act ( 42 U.S.C. 1315 20 U.S.C. 6301 et seq. 20 U.S.C. 1400 et seq. Public Law 115–123 42 U.S.C. 621 et seq. 42 U.S.C. 629 et seq. 42 U.S.C. 711 Public Law 117–2 42 U.S.C. 9857 et seq. (B) Consultation In completing an application under subparagraph (A), a State shall consult with relevant stakeholders, including Medicaid managed care plans, primary and specialty health care provider organizations, Medicaid-enrolled children and their families, and other child-serving State and local agencies and stakeholders, and include in the application a description of such consultation. (C) Technical assistance The Secretary shall provide technical assistance to States with respect to preparing and submitting an application that meets the requirements of subparagraphs (A) and (B). (e) Payments (1) In general For each quarter occurring during the remaining 36-month period of the demonstration project, the Secretary shall pay each State that submits an application that meets the requirements of subsection (d) (2) and carries out the activities described in that subsection, an amount equal to 80 percent of the qualified sums expended by the State for such quarter. (2) Qualified sums defined For purposes of paragraph (1), the term qualified sums (A) the sums expended by the State during such quarter that are attributable to— (i) furnishing integrated mental health and substance use disorder care services, including prevention and early intervention services, to Medicaid-enrolled children; (ii) the development or enabling of State infrastructure, such as technology and the physical structures necessary to physically co-locate integrated mental health and substance use disorder care services, including prevention and early intervention services, delivered in or coordinated through primary care, early care and education, or other programs provided in care settings described in subsection (b) and with which Medicaid-enrolled children and their families regularly engage; and (iii) the development of a workforce to provide the types of support, training, and technical assistance needed in order to offer integrated mental health and substance use care services, including prevention and early intervention services, in primary care, early care and education, or other programs provided in care settings described in subsection (b) and with which Medicaid-enrolled children and their families regularly engage; exceeds (B) 1/4 (3) Non-duplication of payment No payment made under this subsection with respect to medical assistance furnished to a Medicaid-enrolled child shall be duplicative of any payment made to a provider participating under the State Medicaid program for the same services so furnished to the same child. (f) Reports (1) State reports Each State that receives payments under subsection (e) during the remaining 36-month period of the demonstration project shall submit to the Secretary, in accordance with detailed, specific guidance that is issued by the Secretary not later than the first day of such period, and that includes information on how to estimate and reconcile State expenditures to carry out the demonstration project during such period, quarterly reports, with respect to expenditures for which payment is made to the State under subsection (e), on the following: (A) The specific activities with respect to which payment under such subsection was provided. (B) The number of primary care, children's hospitals, schools, and early care and education programs that delivered or coordinated integrated mental health and substance use disorder care services, including prevention and early intervention services, to Medicaid-enrolled children during such period and their geographic distribution, compared to the estimated number that would have otherwise delivered such services in the absence of the demonstration project, including disaggregated data on the race, ethnicity, and gender of providers. (C) The number of Medicaid-enrolled children who received integrated mental health and substance use disorder care services, including prevention and early intervention services during such period compared to the estimated number of such children who would have otherwise received such services in the absence of the demonstration project, including disaggregated data on the race, ethnicity, gender, age (ensuring that children birth to 5 as well as transition-aged youth are adequately served), sexual orientation, primary language, income, and disability status of the children. (D) Such other data or information as determined by the Secretary. (2) CMS reports (A) Initial report Not later than October 1, 2026, the Administrator of the Centers for Medicare & Medicaid Services shall, in consultation with the Director of the Agency for Healthcare Research and Quality and the Assistant Secretary for Mental Health and Substance Use, submit to Congress an initial report on the activities carried out by States under the planning grants made under subsection (c), and actions taken by the Administrator of the Centers for Medicare & Medicaid Services to improve oversight of such activities. (B) Interim report Not later than October 1, 2028, the Administrator of the Centers for Medicare & Medicaid Services shall, in consultation with the Director of the Agency for Healthcare Research and Quality and the Assistant Secretary for Mental Health and Substance Use, submit to Congress an interim report on activities carried out under the demonstration project and actions taken by the Administrator of the Centers for Medicare & Medicaid Services to improve oversight of such activities and the extent to which States have achieved the stated goals submitted in their applications. Such report shall include a description of the strengths and limitations of the demonstration project and a plan for the sustainability of the project. (C) Final report Not later than October 1, 2030, the Administrator of the Centers for Medicare & Medicaid Services shall, in consultation with the Director of the Agency for Healthcare Research and Quality and the Assistant Secretary for Mental Health and Substance Use, submit to Congress a final report providing updates on the matters reported in the interim report required by subparagraph (B) and that includes— (i) a description of any changes made with respect to the demonstration project after the submission of such interim report; and (ii) an evaluation of the demonstration project. (g) Implementation funding There is appropriated, out of any funds in the Treasury not otherwise appropriated, $5,000,000 to the Administrator of the Centers for Medicare & Medicaid Services for purposes of implementing this section, to remain available until expended. (h) Definitions In this section: (1) Children's hospitals The term children's hospitals 42 U.S.C. 256e(g)(2) (2) Integrated mental health and substance use disorder care services The term mental health and substance use disorder care services (3) Medicaid The term Medicaid 42 U.S.C. 1396 et seq. (4) Secretary Except as otherwise specified, the term Secretary (5) State The term State 42 U.S.C. 1301(a)(1) (6) Medicaid-enrolled child The term Medicaid-enrolled child 42 U.S.C. 1396 et seq. (7) Secretary The term Secretary (8) State The term State (A) each of the 50 States and the District of Columbia; (B) the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and (C) to the extent the Secretary determines appropriate, may include an Indian Tribe, Tribal organization, or Urban Indian organization (as such terms are defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 303. Uniform applicability to Medicaid of requirements for parity in mental health and substance use disorder benefits (a) Fee-for-Service and alternative benefit plans Section 1902 of the Social Security Act ( 42 U.S.C. 1396a (1) in subsection (a)— (A) by striking and (B) by striking the period at the end of paragraph (87) and inserting ; and (C) by inserting after paragraph (87) the following new paragraph: (88) provide for ensuring that the requirements for parity in mental health and substance use disorder benefits under subsection (uu) are complied with regardless of the payment model or arrangement under which medical assistance is provided, including when medical assistance under the State plan or under a waiver of such plan is provided through an alternative benefit plan under section 1937. ; and (2) by adding at the end the following new subsection: (uu) Parity in mental health and substance use disorder benefits For purposes of subsection (a)(88), the requirements under this subsection are the following: (1) In general Regardless of whether a State plan or waiver of pays for medical assistance on a fee-for-service basis, capitated payment basis, through the use of 1 or more alternative payment models, or any combination thereof, the State shall ensure that the financial requirements and treatment limitations applicable to coverage of mental health or substance use disorder services provided under such plan or under a waiver of such plan comply with the requirements of section 2726(a) of the Public Health Service Act in the same manner as such requirements or limitations apply to a group health plan under such section. (2) Deemed compliance Coverage with respect to an individual described in section 1905(a)(4)(B) and covered under the State plan or waiver under section 1902(a)(10)(A) of the services described in section 1905(a)(4)(B) (relating to early and periodic screening, diagnostic, and treatment services defined in section 1905(r)) and provided in accordance with section 1902(a)(43), shall be deemed to satisfy the requirements of paragraph (1). . (b) Managed care organizations and payment arrangements (1) In general Section 1932(b)(8) of the Social Security Act ( 42 U.S.C. 1396u–2(b)(8) (8) Compliance with certain maternity, parity in mental health or substance use disorder benefits, and other coverage requirements (A) In general Each medicaid managed care organization shall comply with the requirements of subpart 2 of part A of title XXVII of the Public Health Service Act insofar as such requirements apply and are effective with respect to a health insurance issuer that offers group health insurance coverage. (B) Parity in mental health or substance use disorder benefits The financial requirements and treatment limitations applicable to coverage of mental health or substance use disorder services provided under the State plan or under a waiver of such plan through a medicaid managed care organization, a prepaid inpatient health plan (as defined by the Secretary), a prepaid ambulatory health plan (as defined by the Secretary), or a primary care case manager under section 1905 (consistent with section 1905(t)(2)), shall comply with the requirements of section 2726(a) of the Public Health Service Act in the same manner as such requirements or limitations apply to a group health plan under such section. (C) Deemed compliance In applying subparagraphs (A) and (B) with respect to requirements under paragraph (8) of section 2726(a) of the Public Health Service Act, a medicaid managed care organization, a prepaid inpatient health plan (as defined by the Secretary), a prepaid ambulatory health plan (as defined by the Secretary), or a primary care case manager under section 1905 (consistent with section 1905(t)(2)) shall be treated as in compliance with such requirements if the medicaid managed care organization, prepaid inpatient health plan, prepaid ambulatory health plan, or primary care case manager under section 1905 is in compliance with subpart K of part 438 of title 42, Code of Federal Regulations, and section 438.3(n) of such title, or any successor regulation. . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the first day of the first calendar quarter that begins on or after the date that is 3 years after the date of enactment of this Act. (2) Delay if state legislation needed In the case of a State plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (d) Funding Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Services for purposes of carrying out this section and the amendments made by this section, $10,000,000 for fiscal year 2024, to remain available until expended. 304. Requiring additional transparency on access to mental health and substance use disorder benefits through managed care (a) Biannual assessment Section 1932(b) of the Social Security Act ( 42 U.S.C. 1396u–2(b) (9) Transparency on access to mental health and substance use disorder benefits (A) In general Each managed care organization, prepaid inpatient health plan (as defined by the Secretary), and prepaid ambulatory health plan (as defined by the Secretary), with a contract with a State to enroll individuals who are eligible for medical assistance under the State plan under this title or under a waiver of such plan and to provide coverage under the contract for mental health services or substance use disorder services, disaggregated, biannually shall assess and report to the State, in such manner that the report is publicly available on a website, the following: (i) The average wait times during the reporting period by level of acuity and site of care for adult and child patients for a new patient visit in an outpatient setting (including intensive outpatient, eating disorder, residential treatments, or other appointments as the Secretary specifies) from a provider of mental health services or substance use disorder services. (ii) The total number and average percentage of network providers that provide mental health services or substance use disorder services and are accepting as new patients individuals who are enrollees of such organization or plan at any point during the reporting period. (iii) The proportion of mental health services or substance use disorder services and prescription drugs during the reporting period that are denied payment under the State plan under this title or a waiver on the basis of prior authorization or medical necessity (or for any other reason that is not based on an enrollee's eligibility for medical assistance under the State plan under this title or a waiver) in comparison to medical and surgical services and prescription drugs that are denied payment on the same bases during the reporting period. (iv) The total number and percentage of providers during the reporting period who have participation agreements with the organization who submitted at least 1 request for payment for a mental health or substance use disorder service. (B) Submission to Secretary A State shall submit information reported to the State under subparagraph (A), including stratifying reporting by race, ethnicity, disability, primary language, age, sexual orientation, and gender identity, to help identify health inequities where applicable, to the Secretary in such form and manner as the Secretary shall specify. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 2 years after the date of enactment of this section. 305. Authority to defer or disallow a portion of Federal financial participation for failure to comply with managed care requirements (a) State plan amendment Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) (1) in paragraph (87), by striking and (2) in paragraph (88)(D), by striking the period at the end and inserting ; and (3) by inserting after paragraph (88)(D), the following new paragraph: (89) in the case of a State that adopts the option to use managed care as described in section 1932, provide that the State shall comply with the requirements of section 1932. . (b) Application to managed care contracts Section 1903(m)(2) of the Social Security Act ( 42 U.S.C. 1396b(m) (1) in subparagraph (A), in the matter preceding clause (i), by striking and (G) (G), and (I) (2) by adding at the end the following new subparagraph: (I) For a violation of any requirement described in subparagraph (A), including a violation of the requirements of section 1932, as applicable under clause (xii) of such subparagraph and paragraph (89) of section 1902(a), rather than disallowing the full amount of a payment under this title to a State for expenditures incurred by the State as described in subparagraph (A), the Secretary may defer or disallow a portion of a payment to the State. In determining the amount deferred or disallowed under this subparagraph, the Secretary may consider factors such as the degree, duration, and recurrence of noncompliance. A State may receive a reconsideration of a decision by the Secretary under this subparagraph to disallow payment in the manner described in section 1116(e). . (c) Effective date The amendments made by this section shall take effect on the date that is 2 years after the date of enactment of this section and shall apply to contracts for rating periods beginning on or after such date. 306. Medicaid and CHIP audits (a) Regular audits Beginning with fiscal year 2025, the Secretary of Health and Human Services (referred to in this section as the Secretary carve-out 42 U.S.C. 1396a 42 U.S.C. 1396u–2(b)(8) 42 U.S.C. 1396u–7(b)(6) 42 U.S.C. 1397cc(c)(7) (b) Rotational procedure; publication The Secretary may carry out the audits required by subsection (a) using a rotational approach among States over a 3-year period, and shall make the results of such audits publicly available on a searchable website. (c) Publication of enforcement actions The Secretary shall publish (and update on at least an annual basis) on a public website of the Department of Health and Human Services a report that specifies the actions taken by the Secretary to enforce violations of the mental health and substance use disorder parity requirements under the Medicaid and CHIP programs described in subsection (a). The Secretary may publish such information separately or include the information in the 1 or more published audit reports required by subsection (b) that correspond to each such violation. (d) Funding Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Services for each fiscal year beginning with fiscal year 2025, $5,000,000 to carry out this section. IV Other provisions 401. Ensuring multi-payer alignment on payment and measurement of quality of care and health outcomes related to integrated mental health and substance use disorder care Not later than April 1, 2024, the Administrator of the Centers for Medicare & Medicaid Services shall convene an advisory working group that includes representatives of issuers of group and individual health insurance coverage, mental health and substance use disorder programs and advocacy organizations, individuals and families receiving integrated care services, and State Medicaid Directors, for purposes of making recommendations for administrative and legislative changes to facilitate multi-payer alignment on payment and measurement of quality of care and health outcomes with respect to advancing the provision of integrated mental health and substance use disorder care in a manner that does not violate antitrust or other applicable laws. The recommendations of the working group shall include recommendations for measurable, ongoing benchmarks to assess the extent to which payment and measurement of the quality of care and health outcomes are aligned across health care payers. 402. Measuring access and quality outcomes in mental health and substance use disorder care (a) In general Not later than October 1, 2024, the Administrator of the Centers for Medicare & Medicaid Services shall, in consultation with the Administrator of the Health Resource Services Administration, the Director of the Agency for Healthcare Research and Quality, and the Assistant Secretary for Mental Health and Substance Use, develop and implement a plan to improve measurement of the extent to which children and adults have access to integrated mental health and substance use disorder care in primary care and the quality and effectiveness of the care provided, which shall be implemented in quality measurement programs under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. 42 U.S.C. 300gg–91 (b) Measure development The Director of the Agency for Healthcare Research and Quality shall conduct measure development where necessary to ensure that the plan developed under subsection (a) may be fully implemented, including measures of patient experience outcomes, structural measures of practice transformation toward evidence-based integrated care, and measures of access and unmet need provided by local, State, or Federal agencies. 403. Reviewing the evidence for integrated mental health care for children Not later than October 1, 2024, the Director of the Agency for Healthcare Research and Quality shall review the evidence, for consideration by the United States Preventive Services Task Force, for interventions for children who are at risk of developing a mental health condition to prevent internalizing and externalizing mental health problems, and for screening to identify family and child psychosocial needs, segmented by developmental stage as appropriate. 404. Enhancing oversight of integrated mental health and substance use disorder care (a) In general Not later than October 1, 2024, the Administrator of the Centers for Medicare & Medicaid Services shall, in consultation with the Director of the Agency for Healthcare Research and Quality and the Assistant Secretary for Mental Health and Substance Use, develop and implement a plan to improve oversight and enforcement of requirements relating to the provision of integrated mental health and substance use disorder care under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. 42 U.S.C. 300gg–91 (1) coverage of preventive health services without cost-sharing under section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 (2) early and periodic screening, diagnosis, and treatment for mental health and substance use disorders; (3) mental health and substance use parity; (4) network adequacy, including quantitative measures of network access that take into account integration in primary care and schools, racial equity, and virtual care; (5) essential health benefits (as defined in section 1302(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b) (6) Medicaid rate setting. (b) Patient input In developing and implementing the plan under subsection (a), the Administrator shall seek input from patients with mental health and substance use conditions.

Better Mental Health Care for Americans Act

Chesapeake and Ohio Canal National Historical Park Commission Extension Act This bill extends the Chesapeake and Ohio Canal National Historical Park Commission through FY2034.

118 S924 IS: Chesapeake and Ohio Canal National Historical Park Commission Extension Act U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 924 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Cardin Mrs. Capito Mr. Van Hollen Mr. Manchin Mr. Warner Mr. Kaine Committee on Energy and Natural Resources A BILL To amend the Chesapeake and Ohio Canal Development Act to extend the Chesapeake and Ohio Canal National Historical Park Commission. 1. Short title This Act may be cited as the Chesapeake and Ohio Canal National Historical Park Commission Extension Act 2. Chesapeake and Ohio Canal National Historical Park Commission Section 6(g) of the Chesapeake and Ohio Canal Development Act ( 16 U.S.C. 410y–4(g) 40 on September 30, 2034.

Chesapeake and Ohio Canal National Historical Park Commission Extension Act

Michael Enzi Voluntary Protection Program Act This bill provides statutory authority for the voluntary protection program within the Occupational Safety and Health Administration that exempts workplaces with comprehensive safety and health management systems from certain paperwork and inspection requirements. It also designates that program as the Michael Enzi Voluntary Protection Program.

118 S925 IS: Michael Enzi Voluntary Protection Program Act U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 925 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Braun Mr. Bennet Mr. Young Committee on Health, Education, Labor, and Pensions A BILL To authorize the Department of Labor's voluntary protection program. 1. Short title This Act may be cited as the Michael Enzi Voluntary Protection Program Act 2. Michael Enzi Voluntary Protection Program (a) Cooperative agreements The Secretary of Labor shall establish a program of entering into cooperative agreements with employers to encourage the establishment of comprehensive safety and health management systems that include— (1) requirements for systematic assessment of hazards; (2) comprehensive hazard prevention, mitigation, and control programs; (3) active and meaningful management and employee participation in the voluntary program described in subsection (b); and (4) employee safety and health training. (b) Michael Enzi Voluntary Protection Program established (1) Establishment (A) In general The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (B) Designation The voluntary protection program carried out under this section shall be known as the Michael Enzi Voluntary Protection Program Program (2) Program requirements The Program shall include the following: (A) Application Employers who volunteer under the Program shall be required to submit an application to the Secretary of Labor demonstrating that the worksite with respect to which the application is made meets such requirements as the Secretary of Labor may require for participation in the Program. (B) Onsite evaluations There shall be onsite evaluations by representatives of the Secretary of Labor to ensure a high level of protection of employees. The onsite visits shall not result in enforcement of citations under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. (C) Information Employers who are approved by the Secretary of Labor for participation in the Program shall assure the Secretary of Labor that information about the safety and health program shall be made readily available to the Secretary of Labor to share with employees. (D) Reevaluations Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the Program. (3) Monitoring To ensure proper controls and measurement of program performance for the Program under this section, the Secretary of Labor shall direct the Assistant Secretary of Labor for Occupational Safety and Health to take the following actions: (A) Develop a documentation policy regarding information on follow-up actions taken by the regional offices of the Occupational Safety and Health Administration in response to fatalities and serious injuries at worksites participating in the Program. (B) Establish internal controls that ensure consistent compliance by the regional offices of the Occupational Safety and Health Administration with the Program policies of the Occupational Safety and Health Administration for conducting onsite reviews and monitoring injury and illness rates, to ensure that only qualified worksites participate in the Program. (C) Establish a system for monitoring the performance of the Program by developing specific performance goals and measures for the Program. (4) Exemptions A site with respect to which a Program has been approved shall, during participation in the Program, be exempt from programmed inspections. (5) No payments required The Secretary of Labor shall not require any form of payment for an employer to qualify or participate in the Program. (c) Transition The Secretary of Labor shall take such steps as may be necessary for the orderly transition from the cooperative agreements and voluntary protection programs carried out by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act, to the cooperative agreements and Program authorized under this section. In making such transition, the Secretary shall ensure that— (1) the Program authorized under this section is based upon and consistent with the voluntary protection programs carried out on the day before the date of enactment of this Act; and (2) each employer that, as of the day before the date of enactment of this Act, had an active cooperative agreement under the voluntary protection programs carried out by the Occupational Safety and Health Administration and was in good standing with respect to the duties and responsibilities under such agreement, shall have the option to continue participating in the Program authorized under this section. (d) Regulations and implementation Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall issue final regulations for the Program authorized under this section and shall begin implementation of the Program. 3. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary.

Michael Enzi Voluntary Protection Program Act

Protecting America's Agricultural Land from Foreign Harm Act of 2023 This bill prohibits persons associated with the governments of Iran, North Korea, China, or Russia from purchasing or leasing agricultural land in the United States. Specifically, the President must prohibit any person (individual or entity) owned by, controlled by, or subject to the jurisdiction or direction of these foreign governments from purchasing or leasing (1) public agricultural land that is owned by the United States and administered by a federal department or agency, or (2) private agricultural land that is located in the United States. A person that violates or attempts to violate this prohibition is subject to civil and criminal penalties. This prohibition does not require a person that owns or leases agricultural land as of the date of this bill's enactment to sell that land. Further, the President must prohibit a person associated with these foreign governments and who leases, or who has full or partial ownership of, agricultural land in the United States from participating in Department of Agriculture (USDA) programs. Exceptions are included to allow for participation in USDA programs related to food safety, the health and labor safety of individuals, or certain reporting and disclosure requirements. The restrictions established by the bill do not apply to U.S. citizens or lawful permanent residents. The bill also amends the agriculture foreign investment disclosure reporting requirements to include reporting on security interests and leases. Finally, USDA must submit a report every two years on foreign ownership of agriculture land in the United States.

117 S926 IS: Protecting America’s Agricultural Land from Foreign Harm Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 926 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Braun Mr. Tester Mr. Tuberville Mr. Rubio Committee on Agriculture, Nutrition, and Forestry A BILL To prohibit the purchase or lease of agricultural land in the United States by persons associated with certain foreign governments, and for other purposes. 1. Short title This Act may be cited as the Protecting America’s Agricultural Land from Foreign Harm Act of 2023 2. Definitions In this Act: (1) Agricultural land (A) In general The term agricultural land 7 U.S.C. 3508 (B) Inclusion The term agricultural land 7 U.S.C. 3508(1) (2) Covered person (A) In general The term covered person person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary foreign adversary (i) Iran; (ii) North Korea; (iii) the People's Republic of China; or (iv) the Russian Federation. (B) Exclusions The term covered person (3) Secretary The term Secretary (4) United States The term United States 3. Prohibition on purchase or lease of agricultural land in the United States by persons associated with certain foreign governments (a) In general Notwithstanding any other provision of law, the President shall take such actions as may be necessary to prohibit the purchase or lease by covered persons of— (1) public agricultural land that is owned by the United States and administered by the head of any Federal department or agency, including the Secretary, the Secretary of the Interior, and the Secretary of Defense; or (2) private agricultural land located in the United States. (b) 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 subsection (a). (c) Penalties A person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (d) Rule of construction Nothing in this section may be construed— (1) to prohibit or otherwise affect the purchase or lease of public or private agricultural land described in subsection (a) by any person other than a covered person; (2) to prohibit or otherwise affect the use of public or private agricultural land described in subsection (a) that is transferred to or acquired by a person other than a covered person from a covered person; or (3) to require a covered person that owns or leases public or private agricultural land described in subsection (a) as of the date of enactment of this Act to sell that land. 4. Prohibition on participation in Department of Agriculture programs by persons associated with certain foreign governments (a) In general Except as provided in subsection (b), notwithstanding any other provision of the law, the President shall take such actions as may be necessary to prohibit participation in Department of Agriculture programs by covered persons that have full or partial ownership of agricultural land in the United States or lease agricultural land in the United States. (b) Exclusions Subsection (a) shall not apply to participation in any program— (1) relating to— (A) food inspection or any other food safety regulatory requirements; or (B) health and labor safety of individuals; or (2) administered by the Farm Service Agency, with respect to the administration of this Act or the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. (c) Proof of citizenship To participate in a Department of Agriculture program described in subsection (b) (except for a program under this Act or the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. 5. Agricultural foreign investment disclosure (a) Inclusion of security interests and leases in reporting requirements (1) In general Section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508 (A) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (B) by inserting after paragraph (3) the following: (4) the term interest (A) a security interest; and (B) a lease, without regard to the duration of the lease; . (2) Conforming amendment Section 2 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 , other than a security interest, (b) Civil penalty Section 3 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3502 (1) in subsection (b), by striking exceed 25 percent be less than 15 percent, or exceed 30 percent, (2) by adding at the end the following: (c) Liens On imposing a penalty under subsection (a), the Secretary shall ensure that a lien is placed on the agricultural land with respect to which the violation occurred, which shall be released only on payment of the penalty. . (c) Transparency (1) In general Section 7 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3506 7. Public data sets (a) In general Not later than 2 years after the date of enactment of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 (1) contain all data that the Secretary possesses relating to reporting under this Act from each report submitted to the Secretary under section 2; and (2) as soon as practicable, but not later than 30 days, after the date of receipt of any report under section 2, shall be updated with the data from that report. (b) Included data The data sets established under subsection (a) shall include— (1) a description of— (A) the purchase price paid for, or any other consideration given for, each interest in agricultural land for which a report is submitted under section 2; and (B) updated estimated values of each interest in agricultural land described in subparagraph (A), as that information is made available to the Secretary, based on the most recently assessed value of the agricultural land or another comparable method determined by the Secretary; and (2) with respect to any agricultural land for which a report is submitted under section 2, updated descriptions of each foreign person who holds an interest in at least 1 percent of the agricultural land, as that information is made available to the Secretary, categorized as a majority owner or a minority owner that holds an interest in the agricultural land. . (2) Deadline for database establishment Section 773 of division A of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 3 years 2 years (d) Definition of foreign person Section 9(3) of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508(3) (1) in subparagraph (C)(ii)(IV), by striking and (2) in subparagraph (D), by inserting and (3) by adding at the end the following: (E) any person, other than an individual or a government, that issues equity securities that are primarily traded on a foreign securities exchange within— (i) Iran; (ii) North Korea; (iii) the People's Republic of China; or (iv) the Russian Federation; . 6. Reports (a) Report from the Secretary on foreign ownership of agricultural land in the United States (1) In general Not later than 1 year after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall submit to Congress a report describing— (A) the risks and benefits, as determined by the Secretary, that are associated with foreign ownership or lease of agricultural land in rural areas (as defined in section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 (B) the intended and unintended misrepresentation of foreign land ownership in the annual reports prepared by the Secretary describing foreign holdings of agricultural land due to inaccurate reporting of foreign holdings of agricultural land; (C) the specific work that the Secretary has undertaken to monitor erroneous reporting required by the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. (D) the role of State and local government authorities in tracking foreign ownership of agricultural land in the United States. (2) Protection of information In carrying out paragraph (1), the Secretary shall establish a plan to ensure the protection of personally identifiable information. (b) Report from the Director of National Intelligence on foreign ownership of agricultural land in the United States (1) In general Not later than 1 year after the date of enactment of this Act, and once every 2 years thereafter, the Director of National Intelligence shall submit to the congressional recipients described in paragraph (2) a report describing— (A) an analysis of foreign malign influence (as defined in section 119C(e) of the National Security Act of 1947 ( 50 U.S.C. 3059(e) (B) the primary motives, as determined by the Director of National Intelligence, of foreign investors to acquire agricultural land. (2) Congressional recipients described The report under paragraph (1) shall be submitted to— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Foreign Relations of the Senate; (E) the Committee on Financial Services of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; (H) the Committee on Foreign Affairs of the House of Representatives; (I) the majority leader of the Senate; (J) the minority leader of the Senate; (K) the Speaker of the House of Representatives; and (L) the minority leader of the House of Representatives. (3) Classification The report under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex. (c) Government Accountability Office report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing— (1) a review of resources, staffing, and expertise for carrying out the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. (2) any recommended necessary changes to that Act.

Protecting America’s Agricultural Land from Foreign Harm Act of 2023

Continued Rapid Ohia Death Response Act of 2023 This bill establishes requirements to research and control the fungus Ceratocystis, known as Rapid Ohia Death, which has killed more than a million native trees in Hawaii. Specifically, the Department of the Interior must partner with the Department of Agriculture and Hawaii to control and address the fungus. In addition, the U.S. Geological Survey must continue to research Rapid Ohia Death vectors and transmission. The U.S. Fish and Wildlife Service must continue to partner with Hawaii and local stakeholders to manage ungulates (e.g., certain mammals such as deer) in Rapid Ohia Death control areas on federal, state, and private land. Finally, the Forest Service must continue to provide (1) financial assistance to prevent the spread of the fungus and to restore the native forests of Hawaii, and (2) staff and necessary infrastructure funding to the Institute of Pacific Islands Forestry to research the fungus.

118 S927 IS: Continued Rapid Ohia Death Response Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 927 IN THE SENATE OF THE UNITED STATES March 22, 2023 Ms. Hirono Mr. Schatz Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of the Interior to partner and collaborate with the Secretary of Agriculture and the State of Hawaii to address Rapid Ohia Death, and for other purposes. 1. Short title This Act may be cited as the Continued Rapid Ohia Death Response Act of 2023 2. Findings Congress finds that— (1) the fungus Ceratocystis, known as Rapid Ohia Death (2) the Secretary of Agriculture, acting through the Chief of the Forest Service and the Administrator of the Agricultural Research Service, has provided funding and staff— (A) to identify and detect Rapid Ohia Death; (B) to prevent the spread of Rapid Ohia Death; (C) to identify Ohia trees that are resistant to Rapid Ohia Death; and (D) to propagate trees that are resistant to Rapid Ohia Death in order to restore the native forests of the State. 3. Definitions In this Act: (1) Rapid Ohia Death The term Rapid Ohia Death (2) State The term State 4. Collaboration The Secretary of the Interior shall partner and collaborate with the Secretary of Agriculture and the State to address Rapid Ohia Death. 5. Sustained efforts (a) Transmission The Secretary of the Interior, acting through the Director of the United States Geological Survey, shall continue to conduct research on Rapid Ohia Death vectors and transmission. (b) Ungulate management The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall continue to partner with the State and with local stakeholders to manage ungulates in Rapid Ohia Death control areas on Federal, State, and private land. (c) Restoration and research The Secretary of Agriculture, acting through the Chief of the Forest Service, shall continue to provide— (1) financial assistance, including to the Secretary of the Interior— (A) to prevent the spread of Rapid Ohia Death; and (B) to restore the native forests of the State; and (2) staff and necessary infrastructure funding to the Institute of Pacific Islands Forestry to conduct research on Rapid Ohia Death. 6. Authorization of appropriations For each of fiscal years 2024 through 2034, there is authorized to be appropriated $5,000,000 to carry out this Act, including for activities carried out by the Secretary of the Interior, the Secretary of Agriculture, or both.

Continued Rapid Ohia Death Response Act of 2023

Not Just a Number Act This bill requires the Department of Veterans Affairs (VA) to take specified actions related to its suicide prevention services. Specifically, the bill requires the VA to annually submit a National Veteran Suicide Prevention Annual Report and publish it on a VA website. The VA must also analyze and report on which benefits and services from the VA have the greatest impact on suicide prevention among veterans. The VA must collaborate with the Centers for Disease Control and Prevention (CDC) to develop a toolkit for state and local coroners and medical examiners that contains best practices for accurately identifying and reporting suicide deaths of veterans. The toolkit must be available on a publicly available website, and the VA and CDC must conduct outreach to state and local agencies to promote the availability and use of the toolkit. The VA must review the findings and recommendations of the Government Accountability Office's management review of the VA's mental health and suicide prevention services and study the feasibility and advisability of creating a suicide prevention office within the VA.

116 S928 IS: Not Just a Number Act U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 928 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Tester Mr. Boozman Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to prepare an annual report on suicide prevention, and for other purposes. 1. Short title This Act may be cited as the Not Just a Number Act 2. National Veteran Suicide Prevention Annual Report (a) In general Not later than 18 months after the date of the enactment of this Act, and not later than September 30 of each year thereafter, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress and publish on a publicly available website of the Department of Veterans Affairs a report to be known as the National Veteran Suicide Prevention Annual Report (b) Extension (1) In general If the Secretary requires an extension of the deadline for a report under subsection (a), the Secretary shall submit to the appropriate committees of Congress a written request for such an extension. (2) Elements Each written request under paragraph (1) for an extension for a report shall include the following: (A) The rationale for the delay in submitting the report. (B) An explanation of the need for an extension. (C) A proposed amended date for the submittal and publication of the report. (c) Briefing Before submitting a report under subsection (a), the Secretary shall brief the appropriate committees of Congress on the report. (d) Elements of report (1) In general Each report under subsection (a) shall include the findings of the national analysis of veteran suicide rates for the latest year data is available and shall include trends and comparisons to previous years. (2) Additional elements Each report under subsection (a) shall include, for the year covered by the report, the following: (A) Suicide rates of veterans disaggregated by age, gender, and race or ethnicity. (B) Trends in suicide rates of veterans compared to engagement of those veterans with health care from the Veterans Health Administration, including an examination of trends in suicide rates or deaths among— (i) veterans who have recently received health care from the Veterans Health Administration as compared to veterans who have never received health care from the Veterans Health Administration; (ii) veterans who are enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705(a) of title 38, United States Code, as compared to veterans who have never enrolled in such system; (iii) veterans who have recently used services from a Vet Center as compared to veterans who have never used such services; (iv) veterans who have a diagnosis of substance use disorder; and (v) other groups of veterans relating to engagement with health care from the Veterans Health Administration, as the Secretary considers practicable. (C) Trends in suicide rates of veterans compared to engagement of those veterans with benefits from the Veterans Benefits Administration, including an examination of trends in suicide rates or deaths among— (i) veterans who are currently using, have previously used, or have never used educational assistance under the laws administered by the Secretary; (ii) veterans who are currently receiving, have previously received, or have never received services or assistance under chapter 31 (iii) with respect to compensation under chapter 11 of such title— (I) veterans who were recipients of such compensation as compared to veterans who never applied for such compensation prior to death; (II) veterans who had a claim denied for such compensation prior to death; (III) veterans who had a pending claim for such compensation at time of death; and (IV) veterans who had an entitlement for such compensation reduced prior to death; (iv) veterans who are currently receiving or have never received pension under chapter 15 (v) veterans who are currently using, have previously used, or have never used programs or services provided by the Homeless Programs Office of the Department, including an examination of trends in suicide rates or deaths among veterans who made contact with such office but were denied or deemed ineligible for any such program or service; (vi) with respect to housing loans guaranteed by the Secretary under chapter 37 (I) veterans who applied for such a loan, whether their application was accepted or not; (II) veterans who are current recipients of, were previously recipients of, or have never received such a loan; and (III) veterans who were turned down for such a loan by a lender; (vii) with respect to financial hardships— (I) veterans facing health care debts; (II) veterans owing debts to the Department; (III) veterans owing debts to for-profit businesses assisting veterans with claims for benefits under the laws administered by the Secretary; and (IV) veterans facing foreclosure or bankruptcy; (viii) veterans who were involved in a veterans treatment court program, whether they graduated successfully or not; and (ix) veterans who were successfully contacted, unsuccessfully contacted, or never contacted by the Department through the Solid Start program under section 6320 of title 38, United States Code. (3) Strategy and recommendations (A) Initial report The initial report under subsection (a) shall include a strategy and recommendations developed by the Secretary of Veterans Affairs, in collaboration with the Director of the Centers for Disease Control and Prevention and the Secretary of Defense, for— (i) improving data collection at the State and local levels to accurately capture suicide deaths of veterans; (ii) improving the timeliness, efficacy, and standardization of data reporting on suicide deaths of veterans at the Federal level, including by the Centers for Disease Control and Prevention, the Department of Defense, and the Department of Veterans Affairs; (iii) improving the timeliness of identification and analysis of suicide deaths of veterans by Federal agencies, including the Centers for Disease Control and Prevention, the Department of Defense, and the Department of Veterans Affairs; and (iv) any other necessary process improvements for improving the timeliness, efficacy, and standardization of reporting of data relating to suicide deaths of veterans, particularly with respect to the annual report under this section. (B) Subsequent reports Each report after the initial report under subsection (a) shall include updates on actions taken to meet the strategy and recommendations developed under subparagraph (A). (e) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (2) Vet center The term Vet Center 3. Report on additional benefits and services from Department of Veterans Affairs to prevent veteran suicide (a) In general Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives and publish on a publicly available website of the Department of Veterans Affairs a report that analyzes which benefits and services from the Department, including the Veterans Benefits Administration, have the greatest impact on prevention of suicide among veterans, including recommendations for potential expansion of services and benefits to reduce the number of veteran suicides. (b) Assessment of Solid Start program The report required by subsection (a) shall include an analysis of the effectiveness of the Solid Start program under section 6320 of title 38, United States Code, on prevention of suicide among veterans. 4. Toolkit for State and local coroners and medical examiners on best practices for identifying and reporting on suicide deaths of veterans (a) In general The Secretary of Veterans Affairs, in collaboration with the Director of the Centers for Disease Control and Prevention, shall develop a toolkit for State and local coroners and medical examiners that contains best practices for— (1) accurately identifying and reporting suicide deaths of veterans, including how to identify veteran status; and (2) reporting such deaths to the Centers for Disease Control and Prevention and other applicable entities. (b) Availability Not later than two years after the date of the enactment of this Act, the Secretary shall make the toolkit developed under subsection (a) available on a publicly available website of the Department of Veterans Affairs. (c) Outreach The Secretary, in collaboration with the Director of the Centers for Disease Control and Prevention, shall conduct outreach to appropriate State and local agencies to promote the availability and use of the toolkit developed under subsection (a). 5. Study on feasibility and advisability of creating a suicide prevention office of the Department of Veterans Affairs (a) In general After the submittal by the Comptroller General of the United States to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of the management review required under section 403 of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 ( Public Law 116–171 (1) review the findings and recommendations of the management review; and (2) conduct a study on the feasibility and advisability of creating a suicide prevention office of the Department of Veterans Affairs at the level of the Office of the Secretary that would elevate suicide prevention as a top priority across the entire Department, including with respect to the work and programs of the Veterans Benefits Administration and under partnerships with other entities, including other Federal agencies and non-governmental partners. (b) Report to Congress (1) In general Not later than two years after the submittal by the Comptroller General of the management review described in subsection (a), 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 summarizing— (A) any actions planned or taken, including reorganizations or changes to reporting or governance structures, in response to the management review, including any completion dates or targeted completion dates for any such actions; and (B) the results of the study required under subsection (a)(2), which shall include an examination of the considerations for creating a suicide prevention office of the Department of Veterans Affairs at the level of the Office of the Secretary, including— (i) benefits and potential drawbacks; (ii) projected costs and staffing needs, including new full-time equivalent employees and transferred full-time equivalent employees; and (iii) suggested organizational and leadership structure and principal activities and functions of the suicide prevention office. (2) Recommendations regarding organization and leadership structure In providing suggestions for organizational and leadership structure under the report under paragraph (1)(B)(iii), the Secretary shall— (A) assess whether the suicide prevention office of the Department should be led by a political appointee, a career employee in a Senior Executive Service position (as defined in section 3132 of title 5, United States Code) or equivalent, or another position type; and (B) detail which functions would remain in the current Office of Mental Health and Suicide Prevention of the Veterans Health Administration, including an assessment of where management of the Veterans Crisis Line under section 1720F(h) of title 38, United States Code, should reside.

Not Just a Number Act

Abortion is Health Care Everywhere Act of 2023 This bill authorizes using certain foreign assistance funds to provide comprehensive reproductive health care services in developing countries, including abortion services, training, and equipment. The bill also removes a statutory prohibition on using such funds in developing countries to (1) pay for abortions performed as a method of family planning, or (2) motivate or coerce any person to practice abortions.

118 S929 IS: Abortion is Health Care Everywhere Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 929 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Booker Ms. Smith Ms. Hirono Ms. Duckworth Mr. Blumenthal Mr. Cardin Mrs. Gillibrand Mr. Markey Mr. Merkley Mr. Padilla Mr. Welch Mr. Schatz Ms. Warren Mr. Heinrich Mr. Murphy Ms. Baldwin Ms. Klobuchar Mr. Wyden Mr. Sanders Mrs. Murray Mrs. Feinstein Mr. Brown Ms. Rosen Ms. Cortez Masto Mr. Luján Committee on Foreign Relations A BILL To amend the Foreign Assistance Act of 1961 to authorize the use of Federal foreign assistance funds for comprehensive reproductive health care services, and for other purposes. 1. Short title This Act may be cited as the Abortion is Health Care Everywhere Act of 2023 2. Findings Congress makes the following findings: (1) Abortion is a critical component of sexual and reproductive health care and should be accessible and affordable for all people. (2) All people have the right to make their own choices about their sexual and reproductive health, and to access quality and affordable sexual and reproductive health care. International agreements have recognized reproductive rights for over 25 years, and the Sustainable Development Goals, which were adopted by United Nations in September 2015, reiterated the centrality of reproductive rights to gender equality. (3) Studies have repeatedly demonstrated that when people, including young women and adolescent girls, gender nonconforming individuals, and transgender men, are able to control their reproductive lives, there are enormous social and economic benefits, not just for the individual and their family, but for entire communities. Countries that prioritize reproductive health rights, justice, and human rights are more likely to have better overall health among their population. (4) Health system cost is reduced when abortion is widely available and integrated with other types of health care. (5) Without access to safe abortion care, people risk their lives to end their pregnancies. At least 24,100 people in low- and middle-income countries die every year as a result of complications from unsafe abortions. (6) Ninety-seven percent of unsafe abortions occur in developing countries in Africa, Asia, and Latin America. In low- and middle-income countries, the annual cost of post-abortion care for all who need it would be $4,000,000,000. The majority of this cost is attributed to treating complications from abortions provided in unsafe conditions. (7) Restricting abortion does not reduce either the need for, or number of, abortions. Abortion rates are similar in countries where it is highly restricted by law and where it is broadly legal. (8) As part of their commitment to prevent unsafe abortions and preventable deaths and ensure all people have access to comprehensive sexual and reproductive health care and can exercise their right to full control over their sexuality and reproduction, developing countries and donor governments must work collaboratively to deploy funding, align policies, and mobilize expertise to make safe abortion services available to those seeking to terminate pregnancies. (9) United States law restricting United States foreign assistance funding from being used to provide safe abortion services has the effect of harming people who seek to terminate their pregnancies in several ways, including by blocking access to services and erecting barriers to providers obtaining the training and equipment needed to deliver care to those in need. (10) Since section 104(f)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b(f)(1) Helms amendment (11) In countries where the United States supports family planning and reproductive health care and in which abortion is legal on at least some grounds, support for safe abortion could avert over 19 million unsafe abortions and 17,000 maternal deaths each year. (12) When an abortion is performed in accordance with World Health Organization (WHO) guidelines and standards, it is a simple and safe procedure. The most recent WHO abortion guidelines recommend the full decriminalization of abortion and removal of grounds-based restrictions on abortion. (13) The Dobbs v. Jackson Women’s Health Organization (142 S. Ct. 2228 (2022)) decision goes against the global trend toward expanding access to sexual and reproductive health and rights, including abortion, and negatively impacts abortion access across the United States and globally. The decision has emboldened anti-abortion rights actors, increased abortion stigma, and created new challenges for countries that have relied on the Roe v. Wade (410 U.S. 113 (1973)) decision in the liberalization of their own laws. 3. Statement of policy It is the policy of the United States Government— (1) to recognize that safe abortion is a critical component of comprehensive maternal and reproductive health care and should be included as part of foreign assistance programs funded by the United States Government; (2) to make safe abortion widely available and integrated with other types of health care; and (3) to work to end unsafe abortion and promote safe abortion services by providing funding and collaborating with affected governments and service providers to provide training, commodities, equipment, and access to safe abortion services. 4. Authorizing the use of Federal foreign assistance funds for comprehensive reproductive health care services Section 104 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b (1) in subsection (f)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (2) by redesignating subsection (g) as subsection (h); and (3) by inserting after subsection (f), as amended, the following: (g) Use of funds for comprehensive reproductive health care services Notwithstanding any other provision of law, funds made available to carry out this part may be used to provide comprehensive reproductive health care services, including abortion services, training, and equipment. .

Abortion is Health Care Everywhere Act of 2023

Family Farmer and Rancher Tax Fairness Act of 2023 This bill excludes from the gross income of certain farmers, ranchers, and forest land owners who are at financial risk payments for debt relief and for remedying past discrimination against such individuals.

117 S93 IS: Family Farmer and Rancher Tax Fairness Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 93 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Booker Ms. Stabenow Mr. Warnock Ms. Smith Committee on Finance A BILL To exclude from gross income certain assistance provided to farmers, and for other purposes. 1. Short title This Act may be cited as the Family Farmer and Rancher Tax Fairness Act of 2023 2. Tax treatment of certain assistance to farmers, etc For purposes of the Internal Revenue Code of 1986, in the case of any payment described in section 1006(e) of the American Rescue Plan Act of 2021 (as amended by section 22007 of Public Law 117–169 Public Law 117–169 (1) such payment shall not be included in the gross income of the person on whose behalf, or to whom, such payment is made, (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of a partnership or S corporation on whose behalf, or to whom, such a payment is made— (A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of such Code, and (B) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of such Code with respect to any amount described in subparagraph (A) shall equal the partner’s distributive share of deductions resulting from interest that is part of such payment and the partner’s share, as determined under section 752 of such Code, of principal that is part of such payment.

Family Farmer and Rancher Tax Fairness Act of 2023

Honoring Our Fallen Heroes Act of 2023 This bill extends death and disability benefits under the Public Safety Officers' Benefits Program (PSOB) to certain public safety officers who suffer from exposure-related cancer while on duty and their survivors. The PSOB program provides death, disability, and education benefits to public safety officers who are killed or injured in the line of duty and their survivors. The bill specifies that exposure-related cancer shall be presumed to constitute a personal injury in the line of duty if the public safety officer was exposed to or in contact with heat, radiation, or a carcinogen that is linked to an exposure-related cancer; the officer began serving as an officer not later than 5 years before the date of the diagnosis of an exposure-related cancer and the diagnosis occurred not later than 15 years after the last date of active service; and the exposure-related cancer directly and proximately resulted in the death or permanent and total disability of the officer. The Department of Justice's Bureau of Justice Assistance (BJA) must periodically review the definition of exposure-related cancer. It directs the BJA to add additional cancers to the definition under certain circumstances (e.g., a petition process).

118 S930 IS: Honoring Our Fallen Heroes Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 930 IN THE SENATE OF THE UNITED STATES March 22, 2023 Ms. Klobuchar Mr. Cramer Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide public safety officer benefits for exposure-related cancers, and for other purposes. 1. Short title This Act may be cited as the Honoring Our Fallen Heroes Act of 2023 2. Cancer-related deaths Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 (a) In general (p) Exposure-Related cancers (1) Definitions In this subsection: (A) Carcinogen The term carcinogen (B) Director The term Director (C) Exposure-related cancer The term exposure-related cancer (i) bladder cancer; (ii) brain cancer; (iii) breast cancer; (iv) cervical cancer; (v) colon cancer; (vi) colorectal cancer; (vii) esophagus cancer; (viii) kidney cancer; (ix) leukemia; (x) lung cancer; (xi) malignant melanoma; (xii) mesothelioma; (xiii) multiple myeloma; (xiv) non-Hodgkins lymphoma; (xv) ovarian cancer; (xvi) prostate cancer; (xvii) skin cancer; (xviii) stomach cancer; (xix) testicular cancer; (xx) thyroid cancer; (xxi) any form of cancer that is considered a WTC-related health condition under section 3312(a) of the Public Health Service Act ( 42 U.S.C. 300mm–22(a) (xxii) any other form of cancer that the Bureau may determine appropriate in accordance with paragraph (3). (2) Personal injury sustained in the line of duty (A) In general Subject to subparagraph (B), as determined by the Bureau, the death or permanent and total disability of a public safety officer due to an exposure-related cancer shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by the officer and directly and proximately resulting in death or permanent and total disability, if— (i) the public safety officer was exposed to or in contact with heat, radiation, or a carcinogen that is linked to an exposure-related cancer while in the course of the line of duty; (ii) the public safety officer began serving as a public safety officer not later than 5 years before the date of the diagnosis of the public safety officer with an exposure-related cancer; (iii) the public safety officer was diagnosed with an exposure-related cancer not later than 15 years after the last date of active service as a public safety officer of the public safety officer; and (iv) the exposure-related cancer directly and proximately results in the death or permanent and total disability of the public safety officer. (B) Exception The presumption under subparagraph (A) shall not apply to the death or permanent and total disability of a public safety officer due to an exposure-related cancer if competent medical evidence establishes that the exposure-related cancer was unrelated to the exposure or contact described in subparagraph (A)(i). (3) Additional exposure-related cancers (A) In general The Director shall— (i) periodically review the definition of exposure-related cancer (ii) add a type of exposure-related cancer to the definition by rule, upon a showing by a petitioner or on the Director’s own determination, in accordance with this paragraph. (B) Basis for determination The Director shall add a type of exposure-related cancer to the definition of exposure-related cancer (C) Available expertise In determining significant risk for the purpose of subparagraph (B), the Director may accept as authoritative and may rely upon recommendations, risk assessments, and scientific studies by the National Institute for Occupational Safety and Health, the National Toxicology Program, the National Academies of Sciences, Engineering, and Medicine, and the International Agency for Research on Cancer. (D) Petitions to add to the list of exposure-related cancers (i) In general Any person may petition the Director to add a type of exposure-related cancer to the definition of exposure-related cancer (ii) Content of petition A petition under clause (i) shall provide information to show that there is sufficient evidence, based on the weight of the best available scientific evidence, of significant risk to public safety officers engaged in public safety activities of developing such exposure-related cancer from their employment. (iii) Timely and substantive decisions Not later than 180 days after receipt of a petition under this subparagraph, the Director shall grant or deny the petition by publishing in the Federal Register a written explanation of the reasons for the Director’s decision. The Director may not deny a petition solely on the basis of competing priorities, inadequate resources, or insufficient time for review. (iv) Notification to congress Not later than 30 days after making any decision to approve or deny a petition under this subparagraph, the Director shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the decision. . (b) Applicability The amendment made by subsection (a) shall apply in the case of any public safety officer who died or became permanently and totally disabled on or after January 1, 2023, as a result of an exposure-related cancer. 3. Technical amendments (a) In general Section 3 of the Safeguarding America’s First Responders Act of 2020 ( 34 U.S.C. 10281 (d) Definition In this section, the term line of duty action . (b) Applicability (1) In general The amendment made by subsection (a) shall apply in the case of any public safety officer who died on or after January 1, 2020. (2) Time for filing claim Section 32.12(a)(1) of title 28, Code of Federal Regulations, shall not apply to a claimant who otherwise qualifies for support pursuant to the amendment made by subsection (a).

Honoring Our Fallen Heroes Act of 2023

Federal Data Center Enhancement Act of 2023 This bill modifies requirements relating to federal agency data centers. Specifically, the General Services Administration (GSA) must establish minimum requirements for new data centers, including regarding the availability and use of new data centers; the use of sustainable energy sources; uptime percentage; protections against power failures, including on-site energy generation and access to multiple transmission paths; protections against physical intrusions and natural disasters; and information security protections. The GSA must issue guidance to ensure that covered agencies incorporate the minimum requirements into current data centers. During the development and planning of a new data center, an agency must report to the GSA and Congress upon determining it is likely to make a management or financial decision relating to such data center. In determining whether to establish a new data center or continue to operate an existing data center, an agency must (1) ensure that each at-risk legacy application is updated, replaced, or modernized; and (2) prioritize and leverage commercial cloud environments. The GSA must maintain a public-facing website that includes information related to agency compliance with data center requirements. An agency must oversee and manage the data center portfolio and the information technology strategy of the agency in accordance with federal cybersecurity guidelines and directives. The Government Accountability Office must review, verify, and audit compliance with the minimum requirements for new and existing data centers.

113 S933 IS: Federal Data Center Enhancement Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 933 IN THE SENATE OF THE UNITED STATES March 22, 2023 Ms. Rosen Mr. Cornyn Mr. Peters Committee on Homeland Security and Governmental Affairs A BILL To amend the Carl Levin and Howard P. Buck 1. Short title This Act may be cited as the Federal Data Center Enhancement Act of 2023 2. Federal Data Center Consolidation Initiative Amendments (a) Findings Congress finds the following: (1) The statutory authorization for the Federal Data Center Optimization Initiative under section 834 of the Carl Levin and Howard P. Buck 44 U.S.C. 3601 Public Law 113–291 (2) The expiration of the authorization described in paragraph (1) presents Congress with an opportunity to review the objectives of the Federal Data Center Optimization Initiative to ensure that the initiative is meeting the current needs of the Federal Government. (3) The initial focus of the Federal Data Center Optimization Initiative, which was to consolidate data centers and create new efficiencies, has resulted in, since 2010— (A) the consolidation of more than 6,000 Federal data centers; and (B) cost savings and avoidance of $5,800,000,000. (4) The need of the Federal Government for access to data and data processing systems has evolved since the date of enactment in 2014 of subtitle D of title VIII of the Carl Levin and Howard P. Buck (5) Federal agencies and employees involved in mission critical functions increasingly need reliable access to secure, reliable, sustainable, and protected facilities to house mission critical data and data operations to meet the immediate needs of the people of the United States. (6) As of the date of enactment of this Act, there is a growing need for Federal agencies to use data centers and cloud applications that meet high standards for cybersecurity, resiliency, availability, and sustainability. (b) Minimum requirements for new data centers Section 834 of the Carl Levin and Howard P. Buck 44 U.S.C. 3601 Public Law 113–291 (1) in subsection (a), by striking paragraphs (3) and (4) and inserting the following: (3) New data center The term new data center (A) (i) a data center or a portion thereof that is owned, operated, or maintained by a covered agency; or (ii) to the extent practicable, a data center or portion thereof— (I) that is owned, operated, or maintained by a contractor on behalf of a covered agency on the date on which the contract between the covered agency and the contractor expires; and (II) with respect to which the covered agency extends the contract, or enters into a new contract, with the contractor; and (B) on or after the date that is 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023 (i) established; or (ii) substantially upgraded or expanded. ; (2) by striking subsection (b) and inserting the following: (b) Minimum requirements for new data centers (1) In general Not later than 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023 (2) Contents (A) In general The minimum requirements established under paragraph (1) shall include requirements relating to— (i) the availability of new data centers; (ii) the use of new data centers; (iii) the use of sustainable energy sources; (iv) uptime percentage; (v) protections against power failures, including on-site energy generation and access to multiple transmission paths; (vi) protections against physical intrusions and natural disasters; (vii) information security protections required by subchapter II of chapter 35 (viii) any other requirements the Administrator determines appropriate. (B) Consultation In establishing the requirements described in subparagraph (A)(vii), the Administrator shall consult with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director. (3) Incorporation of minimum requirements into current data centers As soon as practicable, and in any case not later than 90 days after the Administrator establishes the minimum requirements pursuant to paragraph (1), the Administrator shall issue guidance to ensure, as appropriate, that covered agencies incorporate the minimum requirements established under that paragraph into the operations of any data center of a covered agency existing as of the date of enactment of the Federal Data Center Enhancement Act of 2023 (4) Review of requirements The Administrator, in consultation with the Administrator of General Services and the Federal Chief Information Officers Council, shall review, update, and modify the minimum requirements established under paragraph (1), as necessary. (5) Report on new data centers During the development and planning lifecycle of a new data center, if the head of a covered agency determines that the covered agency is likely to make a management or financial decision relating to any data center, the head of the covered agency shall— (A) notify— (i) the Administrator; (ii) Committee on Homeland Security and Governmental Affairs of the Senate (iii) Committee on Oversight and Accountability of the House of Representatives (B) describe in the notification with sufficient detail how the covered agency intends to comply with the minimum requirements established under paragraph (1). (6) Use of technology In determining whether to establish or continue to operate an existing data center, the head of a covered agency shall— (A) regularly assess the application portfolio of the covered agency and ensure that each at-risk legacy application is updated, replaced, or modernized, as appropriate, to take advantage of modern technologies; and (B) prioritize and, to the greatest extent possible, leverage commercial cloud environments rather than acquiring, overseeing, or managing custom data center infrastructure. (7) Public website (A) In general The Administrator shall maintain a public-facing website that includes information, data, and explanatory statements relating to the compliance of covered agencies with the requirements of this section. (B) Processes and procedures In maintaining the website described in subparagraph (A), the Administrator shall— (i) ensure covered agencies regularly, and not less frequently than biannually, update the information, data, and explanatory statements posed on the website, pursuant to guidance issued by the Administrator, relating to any new data centers and, as appropriate, each existing data center of the covered agency; and (ii) ensure that all information, data, and explanatory statements on the website are maintained as open Government data assets. ; and (3) in subsection (c), by striking paragraph (1) and inserting the following: (1) In general The head of a covered agency shall oversee and manage the data center portfolio and the information technology strategy of the covered agency in accordance with Federal cybersecurity guidelines and directives, including— (A) information security standards and guidelines promulgated by the Director of the National Institute of Standards and Technology; (B) applicable requirements and guidance issued by the Director of the Office of Management and Budget pursuant to section 3614 of title 44, United States Code; and (C) directives issued by the Secretary of Homeland Security under section 3553 of title 44, United States Code. . (c) Extension of sunset Section 834(e) of the Carl Levin and Howard P. Buck 44 U.S.C. 3601 Public Law 113–291 2022 2026 (d) GAO review Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall review, verify, and audit the compliance of covered agencies with the minimum requirements established pursuant to section 834(b)(1) of the Carl Levin and Howard P. Buck 44 U.S.C. 3601 Public Law 113–291

Federal Data Center Enhancement Act of 2023

Fair Accountability and Innovative Research Drug Pricing Act of 2023 This bill requires manufacturers to report about certain price increases for prescription drugs and biological products with a wholesale cost of at least $100 per month. Such reports must include, among other information (1) the percentage price increase, (2) a justification for such increase, (3) the price history of the drug, (4) the total cost to develop the drug, and (5) the total revenue and net profit generated from the drug. Manufacturers are subject to civil penalties for failing to comply with the bill's requirements. Additionally, the Food and Drug Administration must post the information on its website.

118 S935 IS: Fair Accountability and Innovative Research Drug Pricing Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 935 IN THE SENATE OF THE UNITED STATES March 22, 2023 Ms. Baldwin Mr. Braun Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To require reporting regarding certain drug price increases, and for other purposes. 1. Short title This Act may be cited as the Fair Accountability and Innovative Research Drug Pricing Act of 2023 2. Reporting on justification for drug price increases Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. W Drug Price Reporting; Drug Value Fund 399OO. Reporting on justification for drug price increases (a) Definitions In this section: (1) Manufacturer The term manufacturer (A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or the license issued under section 351 of this Act; or (B) who is responsible for setting the price for the drug. (2) Qualifying drug The term qualifying drug (A) that has a wholesale acquisition cost of $100 or more per month supply, or per a course of treatment that lasts less than a month, and is— (i) (I) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; or (II) commonly administered by hospitals (as determined by the Secretary); and (ii) not designated by the Secretary as a vaccine; and (B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales were for individuals enrolled under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. (3) United States median household income The term United States median household income (4) Wholesale acquisition cost The term wholesale acquisition cost (b) Report (1) Report required The manufacturer of a qualifying drug shall submit a report to the Secretary if, with respect to the qualifying drug— (A) there is an increase in the price of the qualifying drug that results in an increase in the wholesale acquisition cost of that drug that is equal to— (i) 10 percent or more over a 12-month period beginning on or after January 1, 2024; or (ii) 25 percent or more over a 36-month period beginning on or after January 1, 2024; or (B) the wholesale acquisition price of the qualifying drug for the applicable year or per normal course of treatment that lasts less than 1 year, as determined by the Secretary, exceeds United States median household income beginning on or after January 1, 2024. (2) Report deadline Each report described in paragraph (1) shall be submitted to the Secretary not later than 30 days prior to the planned effective date of such price increase. (c) Contents A report under subsection (b) shall, at a minimum, include— (1) with respect to the qualifying drug— (A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug on the planned effective date of such price increase, as applicable; (B) a justification for, and description of, each manufacturer’s price increase that will occur during the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable; (C) an explanation for, and description of, the cost associated with a qualifying drug if such drug meets the criteria under subsection (b)(1)(B), as applicable; (D) the identity of the initial developer of the drug; (E) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license, as applicable; (F) the current list price of the drug; (G) the total expenditures of the manufacturer on— (i) materials and manufacturing for such drug; and (ii) acquiring patents and licensing for such drug; (H) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; (I) the total expenditures of the manufacturer on research and development for such drug that is used for— (i) basic and preclinical research; (ii) clinical research; (iii) new drug development; (iv) pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act; and (v) carrying out postmarket requirements related to such drug, including those under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act; (J) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and (K) the total costs associated with marketing and advertising for the qualifying drug; (2) with respect to the manufacturer— (A) the total revenue and the net profit of the manufacturer for each of the 12-month periods described in subsection (b)(1)(A) or for the 36-month period described in subsection (b)(1)(B), as applicable; (B) all stock-based performance metrics used by the manufacturer to determine executive compensation for each of the 12-month periods described in subsection (b)(1)(A) or the 36-month periods described in subsection (b)(1)(B)(ii), as applicable; and (C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on— (i) drug research and development; or (ii) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and (3) such other related information as the Secretary considers appropriate. (d) Civil penalty Any manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section shall be subject to a civil penalty of $100,000 for each day on which the violation continues. (e) Public posting (1) In general Subject to paragraph (3), not later than 30 days after the submission of a report under subsection (b), the Secretary shall post the report on the public website of the Department of Health and Human Services. (2) Format In developing the format of such report for public posting, the Secretary shall consult stakeholders, including beneficiary groups, and shall seek feedback on the content and format from consumer advocates and readability experts to ensure such public reports are user-friendly to the public and are written in plain language that consumers can readily understand. (3) Trade secrets and confidential information In carrying out this section the Secretary shall enforce current law concerning the protection of confidential commercial information and trade secrets. . 399OO–1. Use of civil penalty amounts The Secretary shall, without further appropriation, collect civil penalties under section 399OO and use the funds derived from such civil penalties, in addition to any other amounts available to the Secretary, to carry out activities described in this part and to improve consumer and provider information about drug value and drug price transparency. 399OO–2. Annual report to Congress (a) In General Subject to subsection (b), the Secretary shall submit to Congress, and post on the public website of the Department of Health and Human Services in a way that is easy to find, use, and understand, an annual report— (1) summarizing the information reported pursuant to section 399OO; and (2) including copies of the reports and supporting detailed economic analyses submitted pursuant to such section. (b) Trade secrets and confidential information In carrying out this section the Secretary shall enforce current law concerning the protection of confidential commercial information and trade secrets. .

Fair Accountability and Innovative Research Drug Pricing Act of 2023

Supporting Small Business and Career and Technical Education Act of 2023 This bill includes within the responsibilities of Small Business Development Centers and Women's Business Centers the provision of assistance to small businesses in hiring graduates from career and technical education programs and to graduates of such programs in starting small businesses.

118 S936 IS: Supporting Small Business and Career and Technical Education Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 936 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Marshall Mr. Cardin Mr. Coons Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to include requirements relating to graduates of career and technical education programs or programs of study for small business development centers and women’s business centers, and for other purposes. 1. Short title This Act may be cited as the Supporting Small Business and Career and Technical Education Act of 2023 2. Inclusion of career and technical education (a) Definition Section 3 of the Small Business Act ( 15 U.S.C. 632 (gg) Career and technical education The term career and technical education 20 U.S.C. 2302 . (b) Small business development centers Section 21(c)(3) of the Small Business Act ( 15 U.S.C. 648(c)(3) (1) in subparagraph (T), by striking and (2) in clause (v) of the first subparagraph (U) (relating to succession planning), by striking the period at the end and inserting a semicolon; (3) by redesignating the second subparagraph (U) (relating to training on domestic and international intellectual property protections) as subparagraph (V); (4) in subparagraph (V)(ii)(II), as so redesignated, by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (W) assisting small business concerns in hiring graduates from career and technical education programs or programs of study; and (X) assisting graduates of career and technical education programs or programs of study in starting up a small business concern. . (c) Women’s business centers Section 29(b) of the Small Business Act ( 15 U.S.C. 656(b) (1) in paragraph (2), by striking and (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (4) assistance for small business concerns to hire graduates from career and technical education programs or programs of study; and (5) assistance for graduates of career and technical education programs or programs of study to start up a small business concern. .

Supporting Small Business and Career and Technical Education Act of 2023

Water Affordability, Transparency, Equity, and Reliability Act of 2023 This bill increases funding for water infrastructure to control water pollution or protect drinking water. Specifically, it establishes a Water Affordability, Transparency, Equity, and Reliability Trust Fund. The fund may be used for specified grant programs. The bill increases the corporate income tax rate to 24.5% to provide revenues for the fund. In addition, the bill revises requirements concerning the clean water state revolving fund (SRF) and the drinking water SRF, including by prohibiting states from providing financial assistance using amounts from the clean water SRF for projects that will provide substantial direct benefits to new communities other than projects for constructing an advanced decentralized wastewater system. It also creates or reauthorizes several grant programs related to water infrastructure, such as grants for removing lead from drinking water.

104 S938 IS: Water Affordability, Transparency, Equity, and Reliability Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 938 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Sanders Mr. Wyden Mr. Blumenthal Mr. Merkley Ms. Warren Mr. Welch Committee on Finance A BILL To establish a trust fund to provide for adequate funding for water and sewer infrastructure, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Water Affordability, Transparency, Equity, and Reliability 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. Definition of Administrator. Sec. 3. Water Affordability, Transparency, Equity, and Reliability Trust Fund. Sec. 4. Report on affordability, discrimination and civil rights violations, public participation in regionalization, and data collection. Sec. 5. Household water well systems. Sec. 6. Use of State revolving funds under the Federal Water Pollution Control Act. Sec. 7. Use of State revolving loan funds under the Safe Drinking Water Act. Sec. 8. Drinking water grant programs. Sec. 9. Labor provisions. Sec. 10. Drinking water assistance to colonias. 2. Definition of Administrator In this Act, the term Administrator 3. Water Affordability, Transparency, Equity, and Reliability Trust Fund (a) Establishment (1) In general Subchapter A of chapter 98 9512. Water Affordability, Transparency, Equity, and Reliability Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Water Affordability, Transparency, Equity, and Reliability Trust Fund Trust Fund (b) Transfers to fund (1) In general There are hereby appropriated to the Trust Fund such amounts as the Secretary from time to time estimates are equal to the increase in Federal revenues attributable to the amendment made by section 3(b) of the Water Affordability, Transparency, Equity, and Reliability Act of 2023 (2) Limitation The sum of the amounts appropriated under paragraph (1) during any fiscal year shall not exceed the larger of— (A) $35,000,000,000, and (B) one-twentieth of the sum of— (i) the 20-year need identified in the most recent assessment conducted by the Administrator of the Environmental Protection Agency in accordance with section 1452(h) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(h) (ii) the 20-year need identified in the most recent needs survey submitted by the Administrator pursuant to sections 205(a), 516, and 609 of the Federal Water Pollution Control Act ( 33 U.S.C. 1285(a) (c) Expenditures Amounts in the Trust Fund are available, without further appropriation and without fiscal year limitation, for the purposes described in section 3(c) of the Water Affordability, Transparency, Equity, and Reliability Act of 2023 . (2) Clerical amendment The table of parts for subchapter A of chapter 98 of such Code is amended by inserting after the item relating to section 9511 the following new item: Sec. 9512. Water Affordability, Transparency, Equity, and Reliability Trust Fund. . (b) Increase in corporate tax rate (1) In general Section 11(b) 21 24.5 (2) Effective date The amendment made by this subsection shall apply to taxable years beginning after December 31, 2022. (c) Allocation of funds The Administrator, the Secretary of Agriculture, and the Secretary of Health and Human Services shall allocate, for a fiscal year, the amount available, at the beginning of that fiscal year, in the Water Affordability, Transparency, Equity, and Reliability Trust Fund established by section 9512(a) (1) Clean water programs Of that amount, the Administrator shall use— (A) 0.5 percent for making grants under section 104(b)(8) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(b)(8) (B) 1.5 percent for making grants under section 106 of that Act ( 33 U.S.C. 1256 (C) 2.5 percent for making grants under section 226 of that Act ( 33 U.S.C. 1302d (D) 2.5 percent for making grants under subsections (h) and (i) of section 319 of that Act ( 33 U.S.C. 1329 (E) 42.25 percent for making capitalization grants under title VI of that Act ( 33 U.S.C. 1381 et seq. (2) Safe drinking water funding Of that amount, the Administrator shall use— (A) 0.5 percent for providing technical assistance under section 1442(e) of the Safe Drinking Water Act ( 42 U.S.C. 300j–1(e) (B) 42.25 percent for making capitalization grants under section 1452 of that Act ( 42 U.S.C. 300j–12 (C) 3 percent for making grants under section 1465 of that Act ( 42 U.S.C. 300j–25 (D) 0.5 percent for making grants under section 1456 of that Act ( 42 U.S.C. 300j–16 33 U.S.C. 1281 Public Law 104–182 (3) Household water well systems Of that amount, the Secretary of Agriculture shall use 1 percent for making grants under section 306E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926e (4) Colonias Of that amount, the Secretary of Agriculture shall use 0.5 percent for making grants under section 306C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c (5) Indian health service Of that amount, the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, shall use 3 percent for making grants for the planning, design, construction, modernization, improvement, and renovation of water, sewer, and solid waste sanitation facilities that are funded, in whole or part, by the Indian Health Service— (A) through, or provided for in, a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (B) pursuant to section 7 of the Act of August 5, 1954 (68 Stat. 674, chapter 658; 42 U.S.C. 2004a (C) pursuant to section 302 of the Indian Health Care Improvement Act ( 25 U.S.C. 1632 (d) Prohibition None of the funds allocated pursuant to subsection (c) may be used for any activity described in paragraphs (1) through (5) of section 203(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(a) 4. Report on affordability, discrimination and civil rights violations, public participation in regionalization, and data collection (a) Study (1) In general The Administrator shall conduct a study on water and sewer services in accordance with this subsection. (2) Affordability In conducting the study under paragraph (1), the Administrator shall study water affordability across the United States, including— (A) rates for water and sewer services, increases in those rates during the 10-year period preceding the study, and water service disconnections due to unpaid water service charges; and (B) the effectiveness of funding under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 33 U.S.C. 1381 et seq. (3) Discrimination and civil rights In conducting the study under paragraph (1), the Administrator, in collaboration with the Civil Rights Division of the Department of Justice, shall study— (A) discriminatory practices of water and sewer service providers; (B) discriminatory practices of State program administrators in allocating funding; and (C) violations by those service providers and program administrators that receive Federal assistance of civil rights under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. (4) Public participation in regionalization In conducting the study under paragraph (1), the Administrator shall evaluate efforts to regionalize public water systems (as defined in section 1401 of the Safe Water Drinking Act ( 42 U.S.C. 300f (A) the decision to undergo that regionalization; and (B) decisionmaking by the board of directors (or other governing body) of the entity that provides, or oversees or coordinates the provision of, water by the public water systems subject to such regionalization. (5) Data collection In conducting the study under paragraph (1), the Administrator shall collect information, assess the availability of information, and evaluate the methodologies used to collect information with respect to— (A) people living without water or sewer services; (B) water service disconnections due to unpaid water service charges, including disconnections experienced by households containing children, elderly persons, disabled persons, chronically ill persons, or other vulnerable populations; (C) tax liens and foreclosures due to unpaid water service charges; and (D) disparate effects, on the basis of race, gender, or socioeconomic status, of water service disconnections, tax liens and foreclosures due to unpaid water service charges, and the lack of public water service. (b) Report Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report that contains— (1) the results of the study conducted under subsection (a)(1); and (2) recommendations for utility companies, Federal agencies, and States relating to those results. 5. Household water well systems Section 306E(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926e(d) $20,000,000 for each of fiscal years 2019 through 2023 $348,500,000 for each fiscal year 6. Use of State revolving funds under the Federal Water Pollution Control Act (a) Specific requirements Section 602(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1382(b) (1) in paragraph (2), by striking which will be made to the State with funds to be made available that were made to the State with funds made available for fiscal year 2021 (2) in paragraph (13)(B)(iii), by striking and (3) in paragraph (14), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (15) the State will not provide financial assistance using amounts from the fund for any project that will provide substantial direct benefits to new communities, lots, or subdivisions, other than a project to construct an advanced decentralized wastewater system; and . (b) Projects and activities eligible for assistance Section 603(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(c) (1) in paragraph (11)(B), by striking and (2) in paragraph (12)(B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (13) to any municipality or intermunicipal, interstate, or State agency for— (A) purchasing from a willing or unwilling seller a privately owned treatment works; and (B) expenses related to canceling a contract for the operation or management of a publicly owned treatment works. . (c) Increasing the amount of additional subsidization by the State Section 603(i)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(i)(3) (B) Requirement To the extent that there are sufficient applications, a State shall use not less than 50 percent of the total amount received by the State in capitalization grants under this title for a fiscal year for providing additional subsidization under this subsection. . 7. Use of State revolving loan funds under the Safe Drinking Water Act Section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting publicly owned, operated, and managed community water systems (ii) by striking subparagraph (E) and inserting the following: (E) Acquisition of privately owned community water systems The funds under this section may be used— (i) to purchase from a willing or unwilling seller a privately owned community water system; and (ii) for expenses related to canceling a contract for the operation or management of a community water system. ; and (B) by adding at the end the following: (6) Exception to public ownership, operation, and management requirement Notwithstanding paragraph (2)(A), public water systems that regularly serve fewer than 10,000 persons and which are not owned, operated, or managed by any person who owns, operates, or manages any other public water system may receive assistance under this section. ; (2) in subsection (d), by striking paragraph (2) and inserting the following: (2) Requirement To the extent that there are sufficient applications for loans to communities described in paragraph (1), of the amount of the capitalization grant received by a State in a fiscal year, the total amount of loan subsidies made by the State in the fiscal year pursuant to paragraph (1) may not be less than 50 percent. ; (3) in subsection (e), by striking to be made to the State that was made to the State in fiscal year 2021 (4) in subsection (g)(3)— (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (B) in the undesignated matter following clause (iii) (as so redesignated), by striking The guidance and regulations shall also (B) Generally accepted accounting standards The guidance and regulations required under subparagraph (A) shall ; (C) in the matter preceding clause (i) (as so redesignated), by striking The Administrator (A) In general The Administrator ; and (D) in subparagraph (A) (as so designated)— (i) in clause (ii) (as so redesignated), by striking and (ii) in clause (iii) (as so redesignated), by striking the period at the end and inserting ; and (iii) by inserting after clause (iii) the following: (iv) guidance to ensure affordable, equitable, transparent and reliable water service provision, to provide protections for households facing service disconnection due to unpaid water service charges, and to promote universal equal access to water services. ; and (5) in subsection (k)(1), by adding at the end the following: (E) Provide assistance in the form of a grant to owners of private property on which a lead service line (as defined in section 1459B(a)) is or may be located, for the purpose of replacing the lead service line with a service line that is lead free (as defined in section 1417(d)). (F) Provide assistance to a publicly owned, operated, and managed community water system for the purpose of updating treatment plants or switching water sources due to contamination from a perfluoroalkyl or polyfluoroalkyl substance (as defined by the State in which the community water system is located). (G) Provide assistance in the form of a grant to owners of a household water well that has been contaminated by a perfluoroalkyl or polyfluoroalkyl substance (as defined by the State in which the household well is located) for the purpose of purchasing and installing a household filtration system. . 8. Drinking water grant programs (a) School drinking water improvement Section 1465 of the Safe Drinking Water Act ( 42 U.S.C. 300j–25 (1) in the section heading, by striking fountain infrastructure (2) in subsection (a), by striking fountains manufactured prior to 1988 infrastructure (3) by striking subsection (b) and inserting the following: (b) Use of funds Funds awarded under the grant program may be used to pay costs associated with— (1) installing, repairing, or replacing the infrastructure necessary to ensure that drinking water fountains, drinking water coolers, and bottle filling stations at schools are lead free (as defined in section 1417(d)); and (2) monitoring and reporting of lead levels in the drinking water of schools, as determined appropriate by the Administrator. ; and (4) in subsection (d)— (A) by striking $5,000,000 $1,050,000,000 (B) by striking 2019 through 2021 2024 and 2025 (b) Tribal drinking water Section 1452(i)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(i)(1) (1) by striking 1 1/2 3 (2) by striking may shall 9. Labor provisions (a) Prevailing rate of wage Nothing in this Act or an amendment made by this Act shall affect the applicability of the requirements relating to labor standards of sections 513 and 602(b)(6) of the Federal Water Pollution Control Act ( 33 U.S.C. 1372 42 U.S.C. 300j–9(e) (b) Project labor agreements (1) Clean water revolving funds Section 602(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1382(b) (16) the State will— (A) permit recipients of assistance under this title to enter into agreements authorized under section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) project labor agreements (B) ensure that, to the maximum extent practicable, recipients of assistance under this title carry out those projects through the use of those agreements. . (2) Drinking water revolving funds Section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (A) in subsection (a) (as amended by section 7(1)(B)), by adding at the end the following: (7) Project labor agreements Each agreement under this subsection shall require that the State permit recipients of assistance under this section to enter into agreements authorized under section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) project labor agreements ; and (B) in subsection (b)(3)(A)— (i) in clause (ii), by striking and (ii) in clause (iii), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (iv) with respect to projects for building or construction, will be carried out through the use of agreements authorized under section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) project labor agreements . 10. Drinking water assistance to colonias Section 1456 of the Safe Drinking Water Act ( 42 U.S.C. 300j–16 (1) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) Covered entity The term covered entity (A) A border State. (B) A local government with jurisdiction over an eligible community. ; (2) in subsection (b)— (A) by striking of the Environmental Protection Agency (B) by striking border State covered entity (3) by striking subsection (d); (4) by redesignating subsection (e) as subsection (d); and (5) in subsection (d) (as so redesignated)— (A) by striking $25,000,000 $100,000,000 (B) by striking 1997 through 1999 2023 through 2027

Water Affordability, Transparency, Equity, and Reliability Act of 2023

Securing Maritime Data from Communist China Act of 2023 This bill imposes restrictions on the use of LOGINK, China's state-sponsored and state-supported logistics platform. Specifically, the bill prohibits the Department of Defense from entering into or renewing contracts with entities that use (1) LOGINK, (2) any logistics platform associated with the Chinese government, or (3) any logistics platform that shares data with LOGINK or logistics platforms associated with the Chinese government. The bill requires the President to enter into negotiations with allies and partners (such as Japan, Australia, and NATO members) to prohibit entities in their countries from using any of these platforms. Additionally, the bill requires the President to prohibit entities that own or operate a port (or any other critical infrastructure designated by the President) in the United States from using or sharing data with LOGINK or logistics platforms associated with the Chinese government.

118 S939 IS: Securing Maritime Data from Communist China Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 939 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Cotton Committee on Foreign Relations A BILL To counter the spread of the LOGINK logistics information platform, and for other purposes. 1. Short title This Act may be cited as the Securing Maritime Data from Communist China Act of 2023 2. Definitions In this Act: (1) Appropriate congressional committees defined The term appropriate congressional committees (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives. (2) LOGINK The term LOGINK (3) Critical infrastructure The term critical infrastructure 50 U.S.C. 4565(a) 3. Countering the spread of LOGINK (a) Prohibitions (1) Contracting prohibition (A) In general The Department of Defense may not enter into or renew any contract with any entity that uses— (i) LOGINK; (ii) any logistics platform controlled by, affiliated with, or subject to the jurisdiction of the Chinese Communist Party or the Government of the People’s Republic of China; or (iii) any logistics platform that shares data with a system described in clause (i) or (ii). (B) Applicability Subparagraph (A) applies with respect to any contract entered into or renewed on or after the date that is 2 years after the date of the enactment of this Act. (2) Ports and critical infrastructure ban (A) In general Beginning on the date that is 2 years after the date of the enactment of this Act, the President shall— (i) prohibit any entity which owns or operates a port in the United States from using or sharing data with a system described in clauses (i) and (ii) of paragraph (1)(A); and (ii) prohibit any entity which owns or operates other critical infrastructure in the United States, as the President considers appropriate, from using or sharing data with a system described in such clauses. (B) Implementation; penalties (i) Implementation The President may exercise the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this paragraph. (ii) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of a prohibition described in subparagraph (A) or any regulation, license, or order issued to carry out that subparagraph shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (b) Negotiations with allies and partners (1) Negotiations required The President shall enter into negotiations with United States allies and partners, including those described in paragraph (3), if the President determines that ports or other entities operating within the jurisdiction of such allies and partners are using an entity described in subsection (a)(1)(A). (2) Elements As part of the negotiations described in paragraph (1), the President shall— (A) urge governments to require entities within their countries to terminate their use of LOGINK and other platforms described in subsection (a)(1)(A); (B) describe the threats posed by LOGINK and other platforms described in subsection (a)(1)(A) to United States military and strategic interests and the implications this threat may have for the presence of United States military forces in such countries; (C) urge governments to cooperate with the United States to counter attempts by the People's Republic of China at international standards-setting bodies to spread LOGINK and other platforms described in subsection (a)(1)(A); and (D) attempt to establish through multilateral entities, bilateral or multilateral trade negotiations, military cooperation, and other relevant engagements or agreements a prohibition on the use of LOGINK and other platforms described in subsection (a)(1)(A). (3) Allies and partners The countries and entities with which the President shall conduct the negotiations described in this subsection include, but are not limited to— (A) Japan; (B) The Republic of Korea; (C) The Philippines; (D) Australia; (E) North Atlantic Treaty Organization members; and (F) European Union members. 4. Report Not later than one year after the date of the enactment of this Act, the President shall submit a report to the appropriate congressional committees describing— (1) the efforts made by the United States Government thus far in the negotiations described in section 3(b), including whether the United States Government has raised such negotiations in multilateral trade and technology discussions and negotiations; (2) the actions taken by the governments of allies and partners pursuant to the negotiation priorities described in section 3(b); (3) the possible effects that the contracting prohibition under section 3(a)(1) and the port and other critical infrastructure prohibition under section 3(a)(2) may have on United States military operations; and (4) the possible effects that the port and other critical infrastructure prohibition under section 3(a)(2) may have on the commercial operations of United States ports and other critical infrastructure.

Securing Maritime Data from Communist China Act of 2023

Investing in State Energy Act of 2023 This bill revises requirements concerning the distribution of funds under the Weatherization Assistance Program (WAP) and the State Energy Program (SEP) to state agencies and local partners that implement energy initiatives. Under WAP, the Department of Energy (DOE) reduces energy costs for low-income households by increasing the energy efficiency of their homes. Under SEP, DOE supports state energy conservation plans and energy security. This bill requires DOE, upon receiving state or area plans under WAP or SEP, to distribute funds to the recipients of the funding as quickly as practicable. Within 60 days of Congress making the funds available for WAP and SEP, DOE must (1) provide application guidance for financial assistance, and (2) publish the allocation of financial assistance to be provided to states under the programs.

118 S94 IS: Investing in State Energy Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 94 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mrs. Shaheen Ms. Collins Mr. Coons Mr. Reed Committee on Energy and Natural Resources A BILL To require certain information and financial assistance under the State energy program and the Weatherization Assistance Program to be distributed without undue delay to support State and local high-impact energy efficiency and renewable energy initiatives, and for other purposes. 1. Short title This Act may be cited as the Investing in State Energy Act of 2023 2. Timing for distribution of certain information and financial assistance under the Weatherization Assistance Program and the State energy program (a) Timing for distribution of certain information and financial assistance under the weatherization assistance program Section 417 of the Energy Conservation and Production Act ( 42 U.S.C. 6867 (1) in subsection (d), by striking the subsection designation and all that follows through Payments (d) Method and timing of payments (1) In general Payments ; and (2) by adding at the end the following: (2) Timing On receipt of a plan adopted pursuant to section 415(b), the Secretary shall distribute funds to the State, Indian Tribe, or other direct recipient to which the plan applies as quickly as practicable. (e) Distribution of information Not later than 60 days after the date on which funds have been made available to provide assistance under this part, the Secretary shall— (1) release application guidance to States, Indian Tribes, and other direct recipients of assistance under this part; and (2) publish the allocation of assistance to be provided to States, Indian Tribes, and other direct recipients of assistance under this part in accordance with the applicable distribution formula for the fiscal year. . (b) Timing for distribution of certain information and financial assistance under the State energy program Section 363 of the Energy Policy and Conservation Act ( 42 U.S.C. 6323 (f) Distribution of information Not later than 60 days after the date on which funds have been made available to provide financial assistance under this section, the Secretary shall— (1) release application guidance for financial assistance for energy conservation plans under this section; and (2) publish the allocation of assistance to be provided to States under this section in accordance with the applicable distribution formula for the fiscal year, including pursuant to subsection (b). (g) Timing of payments On receipt of a State energy conservation plan submitted under section 362, the Secretary shall distribute funds to a State as quickly as practicable. .

Investing in State Energy Act of 2023

Removing Section 230 Immunity for Official Accounts of Censoring Foreign Adversaries Act This bill eliminates liability protection (sometimes referred to as Section 230 protection) for particular social media platforms related to content generated or shared by adversarial foreign governments that restrict access to or censor social media platforms. The Department of State must compile of list of such governments, and the list must include China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela. Under current law, a social media platform is generally not liable for content generated by third parties. Under this bill, if a social media platform knowingly hosts or distributes the content of a verified account controlled by or working on behalf of a listed government, the social media platform loses the liability protection for that content. (A verified account is one that displays a badge or other identifier that indicates the authenticity or validity of the account holder or has more than 500,000 followers.) The provisions of the bill apply to any domestically headquartered internet website, application, or platform that (1) is open to the public, including citizens from any country; (2) primarily enables users to communicate with each other by posting information, comments, messages, or images; and (3) has more than 50 million monthly users in the United States. The provisions do not apply to email services or services where content is preselected by the provider (i.e., not user generated) and any chat, comments, or interactive features depend on the preselected content.

118 S941 IS: Removing Section 230 Immunity for Official Accounts of Censoring Foreign Adversaries Act U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 941 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Rubio Mr. Braun Committee on Commerce, Science, and Transportation A BILL To remove immunity protections from social media platforms which host accounts of censoring foreign adversaries, and for other purposes. 1. Short title This Act may be cited as the Removing Section 230 Immunity for Official Accounts of Censoring Foreign Adversaries Act 2. Definitions In this Act: (1) Censoring foreign adversary The term censoring foreign adversary (A) restricts access to covered social media platforms; and (B) is designated as a censoring foreign adversary pursuant to section 3. (2) Covered, verified, or other authentic account The term covered, verified, or other authentic account (A) is under the control or working on behalf of— (i) a government agency, department, ministry, or institution of a censoring foreign adversary; (ii) a government official of a censoring foreign adversary, including heads of state, elected officials, appointed ministers, ambassadors, and official spokespersons; or (iii) a company, or the employees of a company, that— (I) is directly or indirectly owned by a censoring foreign adversary; (II) is controlled by a censoring foreign adversary that has the authority to decide important matters with respect to such company; or (III) has, as a shareholder holding at least 10 percent of the outstanding voting stock or shares of the company, a censoring foreign adversary; and (B) (i) displays a badge, check mark, or other public-facing identification tool that— (I) is issued by the platform; and (II) is used to indicate the authenticity, validity, or verification of the person, organization, government, or other entity, represented by the account; or (ii) has more than 500,000 followers. (3) Covered social media platform The term covered social media platform (A) means an Internet website, application, or platform that— (i) is open to the public; (ii) allows citizens from any country to create an account on, register for, and enjoy as a user, such website, application, or platform; (iii) enables users to communicate with other users for the primary purpose of posting information, comments, messages, or images; (iv) has more than 50,000,000 active users in the United States in a calendar month; and (v) is headquartered, or has its principal place of business, in the United States; and (B) does not include— (i) electronic mail; or (ii) an online service, application, or website— (I) that consists primarily of news, sports, entertainment, or other information or content that is not user generated, but is preselected by the provider; and (II) for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described in subparagraph (I). (4) Follower The term follower (5) User The term user 3. Designated censoring foreign adversaries The Secretary of State shall compile a list of censoring foreign adversaries, which shall include— (1) the Government of the People’s Republic of China; (2) the Government of the Russian Federation; (3) the Government of the Democratic People’s Republic of Korea; (4) the Government of the Islamic Republic of Iran; (5) the Government of the Republic of Cuba; (6) the Government of the Syrian Arab Republic; and (7) the regime of Nicolás Maduro in Venezuela. 4. Liability protection (a) In general Covered social media platforms that knowingly host, distribute, or actively display a covered, verified, or other authentic account of a censoring foreign adversary shall not receive any protection under section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (b) Clarification For purposes of subsection (a), a covered social media platform is deemed to have knowledge with respect to any content shared, edited, or created by a covered, verified, or other authentic account that meets the requirements described in section 2(2)(B)(i).

Removing Section 230 Immunity for Official Accounts of Censoring Foreign Adversaries Act

Small Business Disaster Damage Fairness Act of 2023 This bill increases from $14,000 to $25,000 the threshold loan amount over which the Small Business Administration may require collateral for a disaster loan. The Government Accountability Office must report on the performance, including the default rate, of such loans.

118 S943 IS: Small Business Disaster Damage Fairness Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 943 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Kennedy Committee on Small Business and Entrepreneurship A BILL To increase the minimum disaster loan amount for which the Small Business Administration may require collateral, and for other purposes. 1. Short title This Act may be cited as the Small Business Disaster Damage Fairness Act of 2023 2. Collateral requirements for disaster loans Section 7(d)(6) of the Small Business Act ( 15 U.S.C. 636(d)(6) (1) by striking $14,000 $25,000 (2) by striking major disaster disaster

Small Business Disaster Damage Fairness Act of 2023

Next Generation Fuels Act of 2023 This bill supports the use of biofuels (e.g., gasoline blended with ethanol) in vehicles, including by establishing a minimum octane standard for gasoline as well as making related biofuel requirements for vehicles, their fuels, and fuel infrastructure.

118 S944 IS: Next Generation Fuels Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 944 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Grassley Ms. Klobuchar Ms. Ernst Ms. Duckworth Committee on Environment and Public Works A BILL To promote low-carbon, high-octane fuels, to protect public health, and to improve vehicle efficiency and performance, and for other purposes. 1. Short title This Act may be cited as the Next Generation Fuels Act of 2023 2. Findings Congress finds that— (1) continued increases in new automobile efficiency are needed to improve consumer welfare and reduce carbon emissions; (2) the widespread availability of low-carbon, high-octane fuel will allow continued cost-effective improvements in automobile efficiency by enabling increased engine compression ratios; (3) high-octane automobiles and low-carbon fuels are readily available to consumers at little incremental cost; (4) ethanol is a cost-effective and low-carbon octane enhancer; (5) the widespread adoption of climate-smart practices and precision technologies by United States corn producers over the past decade have further reduced the carbon intensity of conventional ethanol; (6) on average, ethanol has been estimated to have lifecycle greenhouse gas emissions that are 46 percent lower than average gasoline, with some corn ethanol achieving a 61-percent reduction compared to gasoline; and (7) ethanol has one of the highest blending octane values available in the marketplace. 3. High-octane vehicles Title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. D High-Octane Vehicles 261. Definitions; applicability (a) Definitions In this part: (1) Automobile The term automobile (2) Manufacturer The term manufacturer (3) Research octane number The term research octane number 15 U.S.C. 2821 (b) Applicability This part applies with respect to any motor vehicle that is introduced into commerce that— (1) is an automobile; (2) uses gasoline for propulsion or any other operation of the motor vehicle, including the engine thereof; and (3) is a model year 2028 or later motor vehicle. 262. High-octane test fuels (a) E20 certification fuel Except as provided in subsections (b) and (c), manufacturers producing motor vehicles described in section 261(b) shall use a test fuel consisting of gasoline and 19.4 to 20 volume percent ethanol with a minimum 95 research octane number in— (1) emissions testing and certification under section 206(a); and (2) fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code. (b) E25 to E30 certification fuel As an alternative to the test fuel described in subsection (a), manufacturers producing motor vehicles described in section 261(b) may use a test fuel consisting of gasoline and 24.3 to 30 volume percent ethanol with a minimum 98 research octane number in— (1) emissions testing and certification under section 206(a); and (2) fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code. (c) Model year 2033 and later model years Notwithstanding subsections (a) and (b), beginning in model year 2033, manufacturers of motor vehicles described in section 261(b) shall use the gasoline test fuel described in subsection (b) in— (1) emissions testing and certification under section 206(a); and (2) fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code. (d) Formulation The test fuels described in subsections (a) and (b) shall be produced by adding neat or denatured fuel ethanol to the gasoline criteria emissions test fuel required for use in model year 2022 and later motor vehicles. (e) Test fuel equations For purposes of— (1) testing and calculation procedures under section 206(a), the emissions of motor vehicles using the test fuels described in subsection (a) or (b) shall be based exclusively on actual measured emissions; and (2) fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code, the fuel economy of motor vehicles using the test fuels described in subsection (a) or (b) shall be determined on an energy-equivalent basis, which shall be equal to the product obtained by multiplying— (A) the measured fuel economy; and (B) the quotient obtained by dividing— (i) 114,086 British thermal units per gallon; by (ii) the volumetric energy density of the test fuel. 263. High-octane vehicles (a) Warranty requirements Manufacturers of motor vehicles described in section 261(b) shall warrant to the ultimate purchaser and each subsequent purchaser that each such motor vehicle is designed— (1) for model years 2028 through 2032— (A) to operate with gasoline containing 10 and up to and including 25 percent ethanol by volume; and (B) to meet the design requirements under subsection (b)(1); and (2) for model year 2033 and later model years— (A) to operate with gasoline containing 10 and up to and including 30 percent ethanol by volume; and (B) to meet the design requirements under subsections (b)(1) and (c)(1). (b) Design requirements before model year 2033 (1) Manufacturers The manufacturer of a motor vehicle described in section 261(b) shall design each such motor vehicle— (A) to use gasoline with a 95 research octane number or higher; and (B) to incorporate such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— (i) necessary to prevent the introduction of gasoline with a research octane number that is lower than 95 into that motor vehicle; and (ii) technically and economically feasible. (2) Fuel retailers Any fuel retailer selling gasoline for use in a motor vehicle described in section 261(b) shall incorporate into the dispensing equipment of the fuel retailer such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— (A) necessary to ensure compatibility with the motor vehicle design requirements under paragraph (1); and (B) technically and economically feasible. (c) Design requirements for model year 2033 (1) Manufacturers Subject to paragraph (3)(B), beginning in model year 2033, the manufacturer of a motor vehicle described in section 261(b) shall design each such motor vehicle— (A) to use gasoline with a 98 research octane number or higher; and (B) to incorporate such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— (i) necessary to prevent the introduction of gasoline with a research octane number that is lower than 98 into that motor vehicle; and (ii) technically and economically feasible. (2) Fuel retailer Subject to paragraph (3)(B), any fuel retailer selling gasoline for use in a motor vehicle described in section 261(b) that is model year 2033 or later shall incorporate into the dispensing equipment of the fuel retailer such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— (A) necessary to ensure compatibility with the motor vehicle design requirements under paragraph (1); and (B) technically and economically feasible. (3) EPA determination of nationwide availability (A) Determination required Not later than December 31, 2031, and not later than each December 31 thereafter until the Administrator determines that 98 research octane number gasoline can be made readily available nationwide, the Administrator shall— (i) determine whether 98 research octane number gasoline can be made readily available nationwide; and (ii) publish that determination in the Federal Register. (B) Effect The requirements of this subsection shall not take effect until the date on which the Administrator— (i) determines under subparagraph (A)(i) that 98 research octane number gasoline can be made readily available nationwide; and (ii) publishes that determination under subparagraph (A)(ii). (C) Failure to make determination If the Administrator fails to make a determination under subparagraph (A) by the applicable date under that subparagraph, the Administrator shall be deemed to have determined that 98 research octane number gasoline can be made readily available nationwide for purposes of subparagraph (B). (d) Violations (1) Manufacturers (A) In general Any manufacturer who violates subsection (b)(1) or (c)(1) shall be subject to a civil penalty of not more than $5,000 for each offense. (B) Separate offenses Any violation described in subparagraph (A) shall constitute a separate offense with respect to each motor vehicle. (2) Fuel retailer (A) In general Any fuel retailer who violates subsection (b)(2) or (c)(2) shall be subject to a civil penalty of not more than $2,500 for each offense. (B) Separate offense Any violation described in subparagraph (A) with respect to dispensing equipment shall constitute a separate offense with respect to each unit of dispensing equipment in violation of the applicable subsection described in that subparagraph. 264. Misfueling (a) Prohibitions against tampering and defeat devices for motor vehicles In lieu of applying section 203(a)(3) with respect to the requirements of this part, the following shall apply: (1) No person shall— (A) remove or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection (b)(1) or (c)(1) of section 263 prior to its sale and delivery to the ultimate purchaser; or (B) knowingly remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser. (2) No person shall manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle, where— (A) a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection (b)(1) or (c)(1) of section 263; and (B) the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use. (b) Prohibitions against tampering and defeat devices for dispensing equipment No person shall— (1) remove or render inoperative any device or element of design installed pursuant to subsection (b)(2) or (c)(2) of section 263; or (2) sell, or offer to sell, or incorporate into, any part or component intended for use with, or as part of, any dispensing equipment, where— (A) a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design incorporated into dispensing equipment pursuant to subsection (b)(2) or (c)(2) of section 263; and (B) the person knows or should know that such part or component is being offered for sale or incorporated for such use or put to such use. (c) Violations (1) In general Any person who violates this section shall be subject to a civil penalty of not more than $2,500. (2) Separate offenses Any violation described in paragraph (1) shall constitute a separate offense with respect to— (A) each motor vehicle or unit of dispensing equipment, for purposes of subsections (a)(1) and (b)(1); and (B) each part or component, for purposes of subsections (a)(2) and (b)(2). 265. Octane standard (a) Octane standard (1) Prohibition (A) 95 research octane number marketing No person shall sell motor vehicle gasoline marketed as 95 research octane number unless that gasoline has a research octane number of 95 or greater. (B) 98 research octane number marketing No person shall sell motor vehicle gasoline marketed as 98 research octane number unless that gasoline has a research octane number of 98 or greater. (C) Deemed compliance A person, including any distributor, blender, marketer, reseller, carrier, retailer, or wholesaler, shall be deemed to be in full compliance with this paragraph if the person can demonstrate, through evidence deemed acceptable by the Administrator, that the person had reason to believe in good faith that the motor vehicle gasoline complied with subparagraph (A) or (B). (2) Controls (A) 95 research octane number availability Effective January 1, 2027, any person that owns, leases, operates, controls, or supervises— (i) a retail outlet at which 200,000 or more gallons of gasoline were sold during calendar year 2024 or any subsequent calendar year, shall offer for sale motor vehicle gasoline of not less than 95 research octane number at that retail outlet; or (ii) 6 or more retail outlets offering motor vehicle gasoline for sale, shall offer for sale motor vehicle gasoline of not less than 95 research octane number at not fewer than 60 percent of those retail outlets. (B) 98 research octane number availability Effective January 1, 2032, any person that owns, leases, operates, controls, or supervises— (i) a retail outlet at which 200,000 or more gallons of gasoline were sold during calendar year 2030 or any subsequent calendar year, shall offer for sale motor vehicle gasoline of not less than 98 research octane number at that retail outlet; or (ii) 6 or more retail outlets offering motor vehicle fuel for sale, shall offer for sale motor vehicle gasoline of not less than 98 research octane number at no fewer than 60 percent of those retail outlets. (b) Violations Any person that violates— (1) subsection (a)(1), (a)(2)(A)(i), or (a)(2)(B)(i) shall be subject to a civil penalty of not more than $25,000 for each day on which the violation continues; and (2) subsection (a)(2)(A)(ii) or (a)(2)(B)(ii) shall be subject to a civil penalty of not more than $2,500 per day for each retail outlet owned, leased, operated, controlled, or supervised by that person. 266. Regulations The Administrator shall— (1) not later than 1 year after the date of enactment of the Next Generation Fuels Act of 2023 (2) not later than 2 years after that date of enactment, finalize regulations to carry out this part. 267. Liability limitation and preemption (a) Limitation of liability A manufacturer of a motor vehicle, or a gasoline retailer, that is in compliance with the requirements of this part and the requirements of sections 203(e) and 206 of the Petroleum Marketing Practices Act, shall not be liable under any provision of this Act or any other Federal, State, or local law, including common law, for damages— (1) to or caused by a motor vehicle described in section 261(b); and (2) that would not have occurred but for the introduction of gasoline with a research octane number required by this part. (b) Preemption No State or any political subdivision of a State may adopt, continue in effect, or enforce, any provision of law or regulation— (1) requiring motor vehicles to operate using gasoline with a certain octane content, or the corresponding design of equipment for dispensing such gasoline into such motor vehicles, unless the provision of that law or regulation is the same as the corresponding provision under this part; or (2) limiting the concentration of ethanol in motor vehicle gasoline. 268. Civil actions; administrative assessment of certain penalties The provisions of subsections (b) and (c) of section 205 shall apply with respect to a violation of section 263 or 264 to the same extent and in the same manner as such provisions apply with respect to a violation of section 203(a)(3). . 4. Octane disclosure (a) High-Efficiency fuels Title II of the Petroleum Marketing Practices Act ( 15 U.S.C. 2821 et seq. 206. High-efficiency fuel and vehicle marketing requirements (a) Rule The Federal Trade Commission shall, by rule, and in consultation with persons to be regulated under this section, consumer advocates, and other stakeholders, as appropriate— (1) prescribe or revise requirements under this title relating to the certification, display, and representation of the automotive fuel rating of an automotive fuel as necessary to carry out— (A) the requirement under subsection (b); and (B) any determination made under subsection (c); (2) make the determination required under subsection (c); and (3) prescribe requirements under subsection (d). (b) Requirement The Federal Trade Commission shall require that, for purposes of this title, beginning on the date that is 180 days after the date on which the Federal Trade Commission issues a final rule under subsection (a), the automotive fuel rating of an automotive fuel with a research octane number of 95 or higher be determined only by the research octane number of such automotive fuel. (c) Labeling (1) In general The Federal Trade Commission shall prescribe requirements— (A) as the Federal Trade Commission determines necessary with respect to a display at the point of sale to ultimate purchasers of automotive fuel and a display on a motor vehicle to— (i) inform such ultimate purchaser of such automotive fuel and any purchaser or user of such motor vehicle that— (I) a model year 2028 or later motor vehicle is only warrantied to use automotive fuel with a research octane number of 95 or higher; and (II) a model year 2033 or later motor vehicle is only warrantied to use automotive fuel with a research octane number of 98 or higher; (ii) provide a warning to such ultimate purchaser of such automotive fuel and any such purchaser or user of such motor vehicle, that the use of automotive fuel with a research octane number that— (I) is lower than 95 in a model year 2028 or later motor vehicle will result in reduced fuel economy, increased exhaust emissions, and possibly engine damage; and (II) is lower than 98 in a model year 2033 or later motor vehicle will result in reduced fuel economy, increased exhaust emissions, and possibly engine damage; and (iii) inform such ultimate purchaser of such automotive fuel and any purchaser or user of such motor vehicle that— (I) a model year 2028 or later motor vehicle is warrantied to use gasoline containing up to and including 25 percent ethanol by volume; and (II) a model year 2033 or later motor vehicle is warrantied to use gasoline containing up to and including 30 percent ethanol by volume; and (B) that are applicable to— (i) a manufacturer of a new motor vehicle (or an entity making a representation in connection with the sale of such motor vehicle) with respect to a display on such motor vehicle; and (ii) an automotive fuel retailer, with respect to a display at the point of sale to an ultimate purchaser of automotive fuel. (2) Considerations In prescribing requirements under paragraph (1), the Federal Trade Commission shall ensure that such requirements are designed to be— (A) understandable to— (i) the ultimate purchaser of automotive fuel; and (ii) any purchaser or user of a model year 2028 or later motor vehicle; and (B) cost effective for automotive fuel retailers. (d) Deadlines The Federal Trade Commission shall— (1) not later than January 1, 2026, issue a proposed rule under subsection (a); and (2) not later than July 1, 2027, issue a final rule under subsection (a). . (b) Enforcement Section 203(e) of the Petroleum Marketing Practices Act ( 15 U.S.C. 2823(e) (1) by striking or a rule prescribed a rule prescribed (2) by striking of such section. of section 202, or a rule prescribed under section 206. (c) Table of contents amendment The table of contents for the Petroleum Marketing Practices Act ( 15 U.S.C. 2801 et seq. Sec. 206. High-efficiency fuel and vehicle marketing requirements. . 5. Advertisement of price of high-octane automotive fuel (a) In general It shall be unlawful for any person to sell or offer for sale, at retail, automotive fuel with a research octane number (as such terms are defined in section 201 of the Petroleum Marketing Practices Act ( 15 U.S.C. 2821 (b) Rulemaking (1) In general Not later than 24 months after the date of enactment of this Act, the Federal Trade Commission shall promulgate, in accordance with section 553 of title 5, United States Code, any rules necessary for the implementation and enforcement of this section. (2) Contents Such rules— (A) shall define retail most-sold (B) shall specify the manner in which the price of automotive fuel with a research octane number of 95 or greater must be displayed in order to comply with subsection (a); and (C) shall be consistent with the requirements for declaring unfair acts or practices in section 5(n) of the Federal Trade Commission Act ( 15 U.S.C. 45(n) (c) Enforcement A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) 15 U.S.C. 41 et seq. 6. E40 retail infrastructure standard Section 9003 of the Solid Waste Disposal Act ( 42 U.S.C. 6991b (k) E40-Compatible retail infrastructure systems (1) Definitions In this subsection: (A) Automotive fuel The term automotive fuel 15 U.S.C. 2821 (B) Compatible The term compatible (C) Dispenser system The term dispenser system (2) Performance standards The Administrator shall, not later than January 1, 2026, issue or revise, as necessary, performance standards for underground storage tank systems and dispenser systems that are brought into use on or after January 1, 2026, to require that those systems be compatible with automotive fuel consisting of gasoline and at least 40 percent ethanol by volume. (3) Compatibility An owner or operator may demonstrate the compatibility of an underground storage tank system with automotive fuel containing any concentration of ethanol through the use of a secondary containment system that is able— (A) to contain regulated substances leaked from the primary containment system until the regulated substances are detected and removed; and (B) to prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system. . 7. Registration testing, Reid vapor pressure, and substantially similar waivers (a) Registration testing waiver Section 211(e) of the Clean Air Act ( 42 U.S.C. 7545(e) (4) Fuels consisting of gasoline and no more than 30 percent ethanol by volume that meet the requirements of subsection (f)(3) shall be deemed— (A) to have satisfied any testing regulations promulgated under this subsection; and (B) to be immediately eligible for registration under subsection (b) without further testing. . (b) Reid vapor pressure waiver (1) Existing waivers Section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) (A) by striking (4) The Administrator, upon (4) Waivers (A) In general The Administrator, on ; (B) in subparagraph (A) (as so designated)— (i) in the first sentence— (I) by striking of this subsection (II) by striking if he determines if the Administrator determines (ii) in the second sentence— (I) by striking such an application an application described in subparagraph (A) (II) by striking The Administrator (B) Final action The Administrator ; and (C) by adding at the end the following: (C) Reid vapor pressure A fuel or fuel additive may be introduced into commerce if— (i) (I) the Administrator determines that the fuel or fuel additive is substantially similar to a fuel or fuel additive utilized in the certification of any model year vehicle pursuant to paragraph (1)(A); or (II) the fuel or fuel additive has been granted a waiver under subparagraph (A) and meets all of the conditions of that waiver other than any limitation of the waiver with respect to the Reid Vapor Pressure of the fuel or fuel additive; and (ii) the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements under subsection (h). . (2) Reid vapor pressure limitation Section 211(h) of the Clean Air Act ( 42 U.S.C. 7545(h) (A) by striking vapor pressure Vapor Pressure (B) in paragraph (4), in the matter preceding subparagraph (A), by inserting or more 10 percent (C) in paragraph (5)(A)— (i) by striking Upon notification, accompanied by On receipt of a notification that is submitted before January 1, 2022, or after the date of enactment of the Next Generation Fuels Act of 2023 (ii) by inserting or more 10 percent (c) Substantially similar waiver Section 211(f) of the Clean Air Act ( 42 U.S.C. 7545(f) (1) by striking the subsection designation and all that follows through Effective upon (f) (1) Effective upon ; (2) by striking paragraph (3) and inserting the following: (3) Fuels consisting of gasoline and ethanol may be introduced into commerce under this subsection for use in motor vehicles described in section 261(b), provided that the finished fuel— (A) does not exceed the warranted ethanol levels described in section 263(a); (B) meets the physical and chemical criteria specified by ASTM International Standard D4814–20 for gasoline with 15 percent ethanol; and (C) consists solely of carbon, hydrogen, oxygen, and sulfur, excepting any impurities present at trace levels that are gaseous upon combustion. ; and (3) in subparagraph (A) of paragraph (4) (as designated by subsection (b)(1)(A)), in the first sentence, by striking or (3) 8. Clean octane standard Section 211 of the Clean Air Act ( 42 U.S.C. 7545 (1) in subsection (d)— (A) in paragraph (1), by striking or (o) (o), or (w) (B) in paragraph (2), by striking and (o) (o), and (w) (2) by adding at the end the following: (w) Clean octane standard (1) Definitions In this subsection: (A) Baseline lifecycle greenhouse gas emissions The term baseline lifecycle greenhouse gas emissions (B) Lifecycle greenhouse gas emissions The term lifecycle greenhouse gas emissions (C) Research octane number The term research octane number 15 U.S.C. 2821 (2) Aromatics (A) Annual average limitation Effective beginning on January 1, 2027, it shall be unlawful for refiners or importers to sell motor vehicle gasoline that contains, on an average annual basis, an aromatic hydrocarbon concentration in excess of 17.5 percent by volume. (B) 2027 cap Effective beginning on January 1, 2027, it shall be unlawful for refiners or importers to sell motor vehicle gasoline that contains an aromatic hydrocarbon concentration in excess of 30 percent by volume. (C) 2032 cap Effective beginning on January 1, 2032, it shall be unlawful for refiners or importers to sell motor vehicle gasoline that contains an aromatic hydrocarbon content in excess of 25 percent by volume. (D) Oxygenate adjustment for gasoline blendstock (i) In general For purposes of compliance with this paragraph, the aromatics volume of motor vehicle gasoline produced as blendstock for oxygenate blending may be adjusted based on the specified type and amount of oxygenate required to be added downstream. (ii) Requirements Any adjustment under clause (i) shall be made through— (I) the preparation of a hand blend containing oxygenate; or (II) any other method deemed acceptable to the Administrator. (E) Regulations (i) In general The Administrator shall promulgate regulations to implement this paragraph. (ii) Contents Regulations promulgated under clause (i) shall allow for the generation of tradeable credits to meet the requirement of subparagraph (A), but any credits shall expire after not more than 5 years. (iii) Initial regulations Not later than January 1, 2027, the Administrator shall promulgate final regulations under clause (i). (3) Low-carbon octane (A) Prohibition Effective beginning on January 1, 2027, no refiner or importer shall introduce into commerce motor vehicle gasoline with a research octane number of 95 or higher except through the use of a fuel additive that has average lifecycle greenhouse gas emissions that (as determined by the Secretary of Energy using the most recent version of the Argonne National Laboratory Greenhouse gases, Regulated Emissions, and Energy use in Technologies (GREET) model) are at least 40 percent less than baseline lifecycle greenhouse gas emissions. (B) Regulations (i) In general The Administrator shall promulgate regulations to implement this paragraph. (ii) Contents Regulations promulgated under clause (i) shall— (I) determine the baseline lifecycle greenhouse gas emissions for purposes of this paragraph; (II) determine the average lifecycle greenhouse gas emissions of sources of octane value for purposes of this paragraph; and (III) ensure that the requirements of this paragraph are met. (iii) Initial regulations Not later than January 1, 2026, the Administrator shall promulgate final regulations under clause (i). . 9. New fuel effects study (a) Fuel effects study (1) Study required Subject to subsection (b), the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator (2) Requirements In designing and conducting the study under paragraph (1), the Administrator shall— (A) select test fuels that— (i) reflect a range of ethanol concentrations between 0 and at least 25 percent by volume; and (ii) are representative of fuels that are widely available on the date of enactment of this Act or reasonably could be available regionally or nationally, taking into account fuel refinery operations and economics, including the cost of reformate; (B) select test vehicles that are representative of vehicles of recent model years as of the date of enactment of this Act that include relevant technologies that are, or reasonably may come to be, in widespread use; (C) measure emission products of combustion including, at a minimum— (i) particulate matter of 2.5 micrometers in diameter or less; (ii) ultrafine particulate matter of 0.1 micrometers in diameter or less; (iii) nitrogen oxides; (iv) total hydrocarbons; (v) nonmethane organic gas; (vi) carbon monoxide; (vii) benzene; (viii) toluene; (ix) ethylbenzene; (x) xylene; (xi) 1,3-butadiene; (xii) ethanol; and (xiii) polycyclic aromatic hydrocarbons, including at a minimum benzo(a)pyrene; (D) measure the tendency of measured emissions to form secondary organic aerosols and any other relevant secondary air pollution; and (E) consult with the Secretary of Energy, the Secretary of Agriculture, and the Secretary of Transportation (or their delegates). (b) Certification by Secretary of Energy The Administrator shall— (1) provide the proposed design of the study under subsection (a) to the Secretary of Energy for review; and (2) not commence the study under subsection (a) until the Secretary of Energy certifies in writing that the design of the study complies with the requirements of subsection (a). 10. Dual-fueled automobile default utilization factor (a) In general Section 32905 of title 49, United States Code, is amended by striking subsection (b) and inserting the following: (b) Dual-Fueled automobiles (1) Fuel economy Except as provided in subsection (d) or section 32904(a)(2)— (A) for any model of dual-fueled automobile manufactured by a manufacturer in model years 1993 through 2020, the Administrator of the Environmental Protection Agency shall measure the fuel economy for that model by dividing 1.0 by the sum of— (i) 0.5 divided by the fuel economy measured under section 32904(c) when operating the model on gasoline or diesel fuel; and (ii) 0.5 divided by the fuel economy— (I) measured under subsection (a) when operating the model on alternative fuel; or (II) measured based on the fuel content of B20 when operating the model on B20, which is deemed to contain 0.15 gallon of fuel; and (B) subject to paragraph (3), for any model of dual-fueled automobile manufactured by a manufacturer in model year 2023 or later, the Administrator of the Environmental Protection Agency shall measure the fuel economy for that model by dividing 1.0 by the sum of— (i) 0.79 divided by the fuel economy measured under section 32904(c) when operating the model on gasoline or diesel fuel; and (ii) 0.21 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel, which is deemed to contain 0.15 gallon of fuel. (2) Greenhouse gas emissions For any model of dual-fueled automobile manufactured by a manufacturer in model year 2023 or later, the Administrator of the Environmental Protection Agency shall measure the greenhouse gas emissions for that model, which shall be the sum obtained by adding— (A) the product obtained by multiplying— (i) the measured greenhouse gas emissions on the alternative fuel; (ii) the fuel content of the alternative fuel, which is deemed to be 0.15; and (iii) 0.21; and (B) the product obtained by multiplying 0.79 and the measured greenhouse gas emissions on gasoline or diesel fuel, as applicable. (3) Higher utilization factor for new models A manufacturer may demonstrate that a higher utilization factor applies to any model of dual-fueled automobile manufactured by the manufacturer in model year 2025 or later. . (b) Testing procedures Section 206 of the Clean Air Act ( 42 U.S.C. 7525 (i) Requirement To update test procedures Not later than July 1, 2024, the Administrator shall amend the test procedures promulgated under this section to be in accordance with section 32905(b)(1)(B) of title 49, United States Code. . 11. Transfers of credits for exceeding average fuel economy standards Section 32903(g) of title 49, United States Code, is amended by striking paragraph (3) and inserting the following: (3) Maximum increase The maximum increase in any compliance category attributable to transferred credits is— (A) for model year 2023, 4.0 miles per gallon; and (B) for model year 2024 and subsequent model years, 6.0 miles per gallon. .

Next Generation Fuels Act of 2023

Lower Energy Costs Act This bill provides for the exploration, development, importation, and exportation of energy resources (e.g., oil, gas, and minerals). For example, it sets forth provisions to (1) expedite energy projects, (2) eliminate or reduce certain fees related to the development of federal energy resources, and (3) eliminate certain funds that provide incentives to decrease emissions of greenhouse gases. The bill expedites the development, importation, and exportation of energy resources, including by waiving environmental review requirements and other specified requirements under certain environmental laws, eliminating certain restrictions on the import and export of oil and natural gas, prohibiting the President from declaring a moratorium on the use of hydraulic fracturing (a type of process used to extract underground energy resources), directing the Department of the Interior to conduct sales for the leasing of oil and gas resources on federal lands and waters as specified by the bill, and limiting the authority of the President and executive agencies to restrict or delay the development of energy on federal land. In addition, the bill reduces royalties for oil and gas development on federal land and eliminates charges on methane emissions. It also eliminates a variety of funds, such as funds for energy efficiency improvements in buildings as well as the greenhouse gas reduction fund.

118 S947 IS: Lower Energy Costs Act U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 947 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Kennedy Committee on Energy and Natural Resources A BILL To lower energy costs by increasing American energy production, exports, infrastructure, and critical minerals processing, by promoting transparency, accountability, permitting, and production of American resources, and by improving water quality certification and energy projects, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Lower Energy Costs Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. DIVISION A—Increasing American energy production, exports, infrastructure, and critical minerals processing Sec. 10001. Securing America’s critical minerals supply. Sec. 10002. Protecting American energy production. Sec. 10003. Researching efficient Federal improvements for necessary energy refining. Sec. 10004. Promoting cross-border energy infrastructure. Sec. 10005. Sense of Congress expressing disapproval of the revocation of the Presidential permit for the Keystone XL pipeline. Sec. 10006. Sense of Congress opposing restrictions on the export of crude oil or other petroleum products. Sec. 10007. Unlocking our domestic LNG potential. Sec. 10008. Promoting interagency coordination for review of natural gas pipelines. Sec. 10009. Interim hazardous waste permits for critical energy resource facilities. Sec. 10010. Flexible air permits for critical energy resource facilities. Sec. 10011. National security or energy security waivers to produce critical energy resources. Sec. 10012. Ending future delays in chemical substance review for critical energy resources. Sec. 10013. Natural gas tax repeal. Sec. 10014. Repeal of greenhouse gas reduction fund. Sec. 10015. Keeping America’s refineries operating. Sec. 10016. Homeowner energy freedom. DIVISION B—Transparency, accountability, permitting, and production of American resources Sec. 20001. Short title; table of contents. TITLE I—Onshore and offshore leasing and oversight Sec. 20101. Onshore oil and gas leasing. Sec. 20102. Lease reinstatement. Sec. 20103. Protested lease sales. Sec. 20104. Suspension of operations. Sec. 20105. Administrative protest process reform. Sec. 20106. Leasing and permitting transparency. Sec. 20107. Offshore oil and gas leasing. Sec. 20108. Five-year plan for offshore oil and gas leasing. Sec. 20109. Geothermal leasing. Sec. 20110. Leasing for certain qualified coal applications. Sec. 20111. Future coal leasing. Sec. 20112. Staff planning report. Sec. 20113. Prohibition on Chinese communist party ownership interest. Sec. 20114. Effect on other law. TITLE II—Permitting streamlining Sec. 20201. Definitions. Sec. 20202. BUILDER Act. Sec. 20203. Codification of National Environmental Policy Act regulations. Sec. 20204. Non-major Federal actions. Sec. 20205. No net loss determination for existing rights-of-way. Sec. 20206. Determination of National Environmental Policy Act adequacy. Sec. 20207. Determination regarding rights-of-way. Sec. 20208. Terms of rights-of-way. Sec. 20209. Funding to process permits and develop information technology. Sec. 20210. Offshore geological and geophysical survey licensing. Sec. 20211. Deferral of applications for permits to drill. Sec. 20212. Processing and terms of applications for permits to drill. Sec. 20213. Amendments to the Energy Policy Act of 2005. Sec. 20214. Access to Federal energy resources from non-Federal surface estate. Sec. 20215. Scope of environmental reviews for oil and gas leases. Sec. 20216. Expediting approval of gathering lines. Sec. 20217. Lease sale litigation. Sec. 20218. Limitation on claims. Sec. 20219. Government Accountability Office report on permits to drill. Sec. 20220. E–NEPA. TITLE III—Permitting for mining needs Sec. 20301. Definitions. Sec. 20302. Minerals supply chain and reliability. Sec. 20303. Federal Register process improvement. Sec. 20304. Designation of mining as a covered sector for Federal permitting improvement purposes. Sec. 20305. Treatment of actions under Presidential Determination 2022–11 for Federal permitting improvement purposes. Sec. 20306. Notice for mineral exploration activities with limited surface disturbance. Sec. 20307. Use of mining claims for ancillary activities. Sec. 20308. Ensuring consideration of uranium as a critical mineral. Sec. 20309. Barring foreign bad actors from operating on Federal lands. TITLE IV—Federal land use planning Sec. 20401. Federal land use planning and withdrawals. Sec. 20402. Prohibitions on delay of mineral development of certain Federal land. Sec. 20403. Definitions. TITLE V—Ensuring competitiveness on Federal lands Sec. 20501. Incentivizing domestic production. TITLE VI—Energy revenue sharing Sec. 20601. Gulf of Mexico outer Continental Shelf revenue. Sec. 20602. Parity in offshore wind revenue sharing. Sec. 20603. Elimination of administrative fee under the Mineral Leasing Act. DIVISION C—Water quality certification and energy project improvement Sec. 30001. Short title; table of contents. Sec. 30002. Certification. A Increasing American energy production, exports, infrastructure, and critical minerals processing Sec. 10001. Securing America’s critical minerals supply. Sec. 10002. Protecting American energy production. Sec. 10003. Researching efficient Federal improvements for necessary energy refining. Sec. 10004. Promoting cross-border energy infrastructure. Sec. 10005. Sense of Congress expressing disapproval of the revocation of the Presidential permit for the Keystone XL pipeline. Sec. 10006. Sense of Congress opposing restrictions on the export of crude oil or other petroleum products. Sec. 10007. Unlocking our domestic LNG potential. Sec. 10008. Promoting interagency coordination for review of natural gas pipelines. Sec. 10009. Interim hazardous waste permits for critical energy resource facilities. Sec. 10010. Flexible air permits for critical energy resource facilities. Sec. 10011. National security or energy security waivers to produce critical energy resources. Sec. 10012. Ending future delays in chemical substance review for critical energy resources. Sec. 10013. Natural gas tax repeal. Sec. 10014. Repeal of greenhouse gas reduction fund. Sec. 10015. Keeping America’s refineries operating. Sec. 10016. Homeowner energy freedom. 10001. Securing America’s critical minerals supply (a) Amendment to the Department of Energy Organization Act The Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. (1) in section 2, by adding at the end the following: (d) As used in sections 102(20) and 203(a)(12), the term critical energy resource (1) that is essential to the energy sector and energy systems of the United States; and (2) the supply chain of which is vulnerable to disruption. ; (2) in section 102, by adding at the end the following: (20) To ensure there is an adequate and reliable supply of critical energy resources that are essential to the energy security of the United States. ; and (3) in section 203(a), by adding at the end the following: (12) Functions that relate to securing the supply of critical energy resources, including identifying and mitigating the effects of a disruption of such supply on— (A) the development and use of energy technologies; and (B) the operation of energy systems. . (b) Securing critical energy resource supply chains (1) In general In carrying out the requirements of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. (A) conduct ongoing assessments of— (i) energy resource criticality based on the importance of critical energy resources to the development of energy technologies and the supply of energy; (ii) the critical energy resource supply chain of the United States; (iii) the vulnerability of such supply chain; and (iv) how the energy security of the United States is affected by the reliance of the United States on importation of critical energy resources; (B) facilitate development of strategies to strengthen critical energy resource supply chains in the United States, including by— (i) diversifying the sources of the supply of critical energy resources; and (ii) increasing domestic production, separation, and processing of critical energy resources; (C) develop substitutes and alternatives to critical energy resources; and (D) improve technology that reuses and recycles critical energy resources. (2) Critical energy resource defined In this section, the term critical energy resource 42 U.S.C. 7101 10002. Protecting American energy production (a) Sense of Congress It is the sense of Congress that States should maintain primacy for the regulation of hydraulic fracturing for oil and natural gas production on State and private lands. (b) Prohibition on declaration of a moratorium on hydraulic fracturing Notwithstanding any other provision of law, the President may not declare a moratorium on the use of hydraulic fracturing unless such moratorium is authorized by an Act of Congress. 10003. Researching efficient Federal improvements for necessary energy refining Not later than 90 days after the date of enactment of this section, the Secretary of Energy shall direct the National Petroleum Council to— (1) submit to the Secretary of Energy and Congress a report containing— (A) an examination of the role of petrochemical refineries located in the United States and the contributions of such petrochemical refineries to the energy security of the United States, including the reliability of supply in the United States of liquid fuels and feedstocks, and the affordability of liquid fuels for consumers in the United States; (B) analyses and projections with respect to— (i) the capacity of petrochemical refineries located in the United States; (ii) opportunities for expanding such capacity; and (iii) the risks to petrochemical refineries located in the United States; (C) an assessment of any Federal or State executive actions, regulations, or policies that have caused or contributed to a decline in the capacity of petrochemical refineries located in the United States; and (D) any recommendations for Federal agencies and Congress to encourage an increase in the capacity of petrochemical refineries located in the United States; and (2) make publicly available the report submitted under paragraph (1). 10004. Promoting cross-border energy infrastructure (a) Authorization of certain energy infrastructure projects at an international boundary of the United States (1) Authorization Except as provided in paragraph (3) and subsection (d), no person may construct, connect, operate, or maintain a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity, across an international border of the United States without obtaining a certificate of crossing for the border-crossing facility under this subsection. (2) Certificate of crossing (A) Requirement Not later than 120 days after final action is taken, by the relevant official or agency identified under subparagraph (B), under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) Relevant official or agency The relevant official or agency referred to in subparagraph (A) is— (i) the Federal Energy Regulatory Commission with respect to border-crossing facilities consisting of oil or natural gas pipelines; and (ii) the Secretary of Energy with respect to border-crossing facilities consisting of electric transmission facilities. (C) Additional requirement for electric transmission facilities In the case of a request for a certificate of crossing for a border-crossing facility consisting of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing under subparagraph (A), that the border-crossing facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (i) the Electric Reliability Organization and the applicable regional entity; and (ii) any Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. (3) Exclusions This subsection shall not apply to any construction, connection, operation, or maintenance of a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity— (A) if the border-crossing facility is operating for such import, export, or transmission as of the date of enactment of this Act; (B) if a Presidential permit (or similar permit) for the construction, connection, operation, or maintenance has been issued pursuant to any provision of law or Executive order; or (C) if an application for a Presidential permit (or similar permit) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— (i) the date on which such application is denied; or (ii) 2 years after the date of enactment of this Act, if such a permit has not been issued by such date of enactment. (4) Effect of other laws (A) Application to projects Nothing in this subsection or subsection (d) shall affect the application of any other Federal statute to a project for which a certificate of crossing for a border-crossing facility is requested under this subsection. (B) Natural Gas Act Nothing in this subsection or subsection (d) shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act ( 15 U.S.C. 717b (C) Oil pipelines Nothing in this subsection or subsection (d) shall affect the authority of the Federal Energy Regulatory Commission with respect to oil pipelines under section 60502 of title 49, United States Code. (b) Transmission of electric energy to Canada and Mexico (1) Repeal of requirement to secure order Section 202(e) of the Federal Power Act ( 16 U.S.C. 824a(e) (2) Conforming amendments (A) State regulations Section 202(f) of the Federal Power Act ( 16 U.S.C. 824a(f) insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e) (B) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary. (c) No Presidential permit required No Presidential permit (or similar permit) shall be required pursuant to any provision of law or Executive order for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any border-crossing facility thereof. (d) Modifications to existing projects No certificate of crossing under subsection (a), or Presidential permit (or similar permit), shall be required for a modification to— (1) an oil or natural gas pipeline or electric transmission facility that is operating for the import or export of oil or natural gas or the transmission of electricity as of the date of enactment of this Act; (2) an oil or natural gas pipeline or electric transmission facility for which a Presidential permit (or similar permit) has been issued pursuant to any provision of law or Executive order; or (3) a border-crossing facility for which a certificate of crossing has previously been issued under subsection (a). (e) Prohibition on revocation of Presidential permits Notwithstanding any other provision of law, the President may not revoke a Presidential permit (or similar permit) issued pursuant to Executive Order 13337 ( 3 U.S.C. 301 3 U.S.C. 301 (f) Effective date; rulemaking deadlines (1) Effective date Subsections (a) through (d), and the amendments made by such subsections, shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Rulemaking deadlines Each relevant official or agency described in subsection (a)(2)(B) shall— (A) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of subsection (a); and (B) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of subsection (a). (g) Definitions In this section: (1) Border-crossing facility The term border-crossing facility (2) Modification The term modification (3) Natural gas The term natural gas 15 U.S.C. 717a (4) Oil The term oil (5) Electric Reliability Organization; regional entity The terms Electric Reliability Organization regional entity 16 U.S.C. 824o(a) (6) Independent System Operator; Regional Transmission Organization The terms Independent System Operator Regional Transmission Organization 16 U.S.C. 796 10005. Sense of Congress expressing disapproval of the revocation of the Presidential permit for the Keystone XL pipeline (a) Findings Congress finds the following: (1) On March 29, 2019, TransCanada Keystone Pipeline, L.P., was granted a Presidential permit to construct, connect, operate, and maintain the Keystone XL pipeline. (2) On January 20, 2021, President Biden issued Executive Order 13990 (86 Fed. Reg. 7037) that revoked the March 2019 Presidential permit for the Keystone XL. (b) Sense of Congress It is the sense of Congress that Congress disapproves of the revocation by President Biden of the Presidential permit for the Keystone XL pipeline. 10006. Sense of Congress opposing restrictions on the export of crude oil or other petroleum products (a) Findings Congress finds the following: (1) The United States has enjoyed a renaissance in energy production, with the expansion of domestic crude oil and other petroleum product production contributing to enhanced energy security and significant economic benefits to the national economy. (2) In 2015, Congress recognized the need to adapt to changing crude oil market conditions and repealed all restrictions on the export of crude oil on a bipartisan basis. (3) Section 101 of title I of division O of the Consolidated Appropriations Act, 2016 ( 42 U.S.C. 6212a (4) Lifting the restrictions on crude oil exports encouraged additional domestic energy production, created American jobs and economic development, and allowed the United States to emerge as the leading oil producer in the world. (5) In 2019, the United States became a net exporter of petroleum products for the first time since 1952, and the reliance of the United States on foreign imports of petroleum products has declined to historic lows. (6) Free trade, open markets, and competition have contributed to the rise of the United States as a global energy superpower. (b) Sense of Congress It is the sense of Congress that the Federal Government should not impose— (1) overly restrictive regulations on the exploration, production, or marketing of energy resources; or (2) any restrictions on the export of crude oil or other petroleum products under the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. 10007. Unlocking our domestic LNG potential Section 3 of the Natural Gas Act ( 15 U.S.C. 717b (1) by striking subsections (a) through (c); (2) by redesignating subsections (e) and (f) as subsections (a) and (b), respectively; (3) by redesignating subsection (d) as subsection (c), and moving such subsection after subsection (b), as so redesignated; (4) in subsection (a), as so redesignated, by amending paragraph (1) to read as follows: (1) The Federal Energy Regulatory Commission (in this subsection referred to as the Commission ; and (5) by adding at the end the following new subsection: (d) (1) Nothing in this Act limits the authority of the President under the Constitution, the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. 50 U.S.C. 1601 et seq. 42 U.S.C. 6271 et seq. 50 U.S.C. 4301 et seq. (2) In this subsection, the term state sponsor of terrorism (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A) (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 (C) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 (D) any other provision of law. . 10008. Promoting interagency coordination for review of natural gas pipelines (a) Definitions In this section: (1) Commission The term Commission (2) Federal authorization The term Federal authorization 15 U.S.C. 717n(a) (3) NEPA review The term NEPA review 42 U.S.C. 4332 (4) Project-related NEPA review The term project-related NEPA review 15 U.S.C. 717b 15 U.S.C. 717f (b) Commission NEPA review responsibilities In acting as the lead agency under section 15(b)(1) of the Natural Gas Act ( 15 U.S.C. 717n(b)(1) 42 U.S.C. 4321 et seq. 15 U.S.C. 717b 15 U.S.C. 717f (1) be the only lead agency; (2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting its project-related NEPA review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and (3) take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related NEPA review. (c) Deference to Commission In making a decision with respect to a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f (d) Participating agencies (1) Identification The Commission shall identify, not later than 30 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f (2) Invitation (A) In general Not later than 45 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f (B) Deadline An invitation issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted to the Commission, which may be extended by the Commission for good cause. (3) Designation as participating agencies Not later than 60 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f 15 U.S.C. 717b 15 U.S.C. 717f (A) has no jurisdiction or authority with respect to the applicable Federal authorization; (B) has no special expertise or information relevant to any project-related NEPA review; or (C) does not intend to submit comments for the record for the project-related NEPA review conducted by the Commission. (4) Effect of non-designation (A) Effect on agency Any agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f (i) demonstrates that such review is legally necessary for the agency to carry out responsibilities in considering an aspect of an application for a Federal authorization; and (ii) requires information that could not have been obtained during the project-related NEPA review conducted by the Commission. (B) Comments; record The Commission shall not, with respect to an agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f (i) consider any comments or other information submitted by such agency for the project-related NEPA review conducted by the Commission (ii) include any such comments or other information in the record for such project-related NEPA review. (e) Water quality impacts (1) In general Notwithstanding section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 (2) Coordination With respect to any NEPA review for a Federal authorization to conduct an activity that will directly result in a discharge into the navigable waters (within the meaning of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (3) Proposed conditions A State or interstate agency designated as a participating agency pursuant to paragraph (2) may propose to the Commission terms or conditions for inclusion in an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f 33 U.S.C. 1311 (4) Commission consideration of conditions The Commission may include a term or condition in an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f 33 U.S.C. 1311 (f) Schedule (1) Deadline for Federal authorizations A deadline for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f 15 U.S.C. 717n(c)(1) (2) Concurrent reviews Each Federal and State agency— (A) that may consider an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f 15 U.S.C. 717n(c)(1) (B) in considering an aspect of an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f (i) formulate and implement a plan to enable the agency to comply with the schedule established by the Commission under section 15(c)(1) of such Act ( 15 U.S.C. 717n(c)(1) (ii) carry out the obligations of that agency under applicable law concurrently, and in conjunction with, the project-related NEPA review conducted by the Commission 15 U.S.C. 717n(c)(1) (iii) transmit to the Commission a statement— (I) acknowledging receipt of the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act ( 15 U.S.C. 717n(c)(1) (II) setting forth the plan formulated under clause (i) of this subparagraph; (iv) not later than 30 days after the agency receives such application for a Federal authorization, transmit to the applicant a notice— (I) indicating whether such application is ready for processing; and (II) if such application is not ready for processing, that includes a comprehensive description of the information needed for the agency to determine that the application is ready for processing; (v) determine that such application for a Federal authorization is ready for processing for purposes of clause (iv) if such application is sufficiently complete for the purposes of commencing consideration, regardless of whether supplemental information is necessary to enable the agency to complete the consideration required by law with respect to such application; and (vi) not less often than once every 90 days, transmit to the Commission a report describing the progress made in considering such application for a Federal authorization. (3) Failure to meet deadline If a Federal or State agency, including the Commission, fails to meet a deadline for a Federal authorization set forth in the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act ( 15 U.S.C. 717n(c)(1) (g) Consideration of applications for Federal authorization (1) Issue identification and resolution (A) Identification Federal and State agencies that may consider an aspect of an application for a Federal authorization shall identify, as early as possible, any issues of concern that may delay or prevent an agency from working with the Commission to resolve such issues and granting such authorization. (B) Issue resolution The Commission may forward any issue of concern identified under subparagraph (A) to the heads of the relevant agencies (including, in the case of an issue of concern that is a failure by a State agency, the Federal agency overseeing the delegated authority, if applicable) for resolution. (2) Remote surveys If a Federal or State agency considering an aspect of an application for a Federal authorization requires the person applying for such authorization to submit data, the agency shall consider any such data gathered by aerial or other remote means that the person submits. The agency may grant a conditional approval for the Federal authorization based on data gathered by aerial or remote means, conditioned on the verification of such data by subsequent onsite inspection. (3) Application processing The Commission, and Federal and State agencies, may allow a person applying for a Federal authorization to fund a third-party contractor to assist in reviewing the application for such authorization. (h) Accountability, transparency, efficiency For an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f (1) The schedule established by the Commission under section 15(c)(1) of the Natural Gas Act ( 15 U.S.C. 717n(c)(1) (2) A list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application. (3) The expected completion date for each such action. (4) A point of contact at the agency responsible for each such action. (5) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay. (i) Pipeline security In considering an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717f 10009. Interim hazardous waste permits for critical energy resource facilities Section 3005(e) of the Solid Waste Disposal Act ( 42 U.S.C. 6925(e) (1) in paragraph (1)(A)— (A) in clause (i), by striking or (B) in clause (ii), by inserting or this section, (C) by adding at the end the following: (iii) is a critical energy resource facility, ; and (2) by adding at the end the following: (4) Definitions For the purposes of this subsection: (A) Critical energy resource The term critical energy resource (i) that is essential to the energy sector and energy systems of the United States; and (ii) the supply chain of which is vulnerable to disruption. (B) Critical energy resource facility The term critical energy resource facility . 10010. Flexible air permits for critical energy resource facilities (a) In general The Administrator of the Environmental Protection Agency shall, as necessary, revise regulations under parts 70 and 71 of title 40, Code of Federal Regulations, to— (1) authorize the owner or operator of a critical energy resource facility to utilize flexible air permitting (as described in the final rule entitled Operating Permit Programs; Flexible Air Permitting Rule (2) facilitate flexible, market-responsive operations (as described in the final rule identified in paragraph (1)) with respect to critical energy resource facilities. (b) Definitions In this section: (1) Critical energy resource The term critical energy resource (A) that is essential to the energy sector and energy systems of the United States; and (B) the supply chain of which is vulnerable to disruption. (2) Critical energy resource facility The term critical energy resource facility 10011. National security or energy security waivers to produce critical energy resources (a) Clean Air Act requirements (1) In general If the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, determines that, by reason of a sudden increase in demand for, or a shortage of, a critical energy resource, or another cause, the processing or refining of a critical energy resource at a critical energy resource facility is necessary to meet the national security or energy security needs of the United States, then the Administrator may, with or without notice, hearing, or other report, issue a temporary waiver of any requirement under the Clean Air Act ( 42 U.S.C. 7401 et seq. (2) Conflict with other environmental laws The Administrator shall ensure that any waiver of a requirement under the Clean Air Act ( 42 U.S.C. 7401 et seq. (3) Violations of other environmental laws To the extent any omission or action taken by a party under a waiver issued under this subsection is in conflict with any requirement of a Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation. (4) Expiration and renewal of waivers A waiver issued under this subsection shall expire not later than 90 days after it is issued. The Administrator may renew or reissue such waiver pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed 90 days for each period, as the Administrator determines necessary to meet the national security or energy security needs described in paragraph (1) and serve the public interest. In renewing or reissuing a waiver under this paragraph, the Administrator shall include in any such renewed or reissued waiver such conditions as are necessary to minimize any adverse environmental impacts to the extent practicable. (5) Subsequent action by court If a waiver issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant a provision of law, any omission or action previously taken by a party under the waiver while the waiver was in effect shall remain subject to paragraph (3). (6) Critical energy resource; critical energy resource facility defined In this subsection, the terms critical energy resource critical energy resource facility (b) Solid Waste Disposal Act requirements (1) Hazardous waste management The Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. 3025. Waivers for critical energy resource facilities (a) In general If the Administrator, in consultation with the Secretary of Energy, determines that, by reason of a sudden increase in demand for, or a shortage of, a critical energy resource, or another cause, the processing or refining of a critical energy resource at a critical energy resource facility is necessary to meet the national security or energy security needs of the United States, then the Administrator may, with or without notice, hearing, or other report, issue a temporary waiver of any covered requirement with respect to such critical energy resource facility that, in the judgment of the Administrator, will allow for such processing or refining at such critical energy resource facility as necessary to best meet such needs and serve the public interest. (b) Conflict with other environmental laws The Administrator shall ensure that any waiver of a covered requirement under this section, to the maximum extent practicable, does not result in a conflict with a requirement of any other applicable Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts. (c) Violations of other environmental laws To the extent any omission or action taken by a party under a waiver issued under this section is in conflict with any requirement of a Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation. (d) Expiration and renewal of waivers A waiver issued under this section shall expire not later than 90 days after it is issued. The Administrator may renew or reissue such waiver pursuant to subsections (a) and (b) for subsequent periods, not to exceed 90 days for each period, as the Administrator determines necessary to meet the national security or energy security needs described in subsection (a) and serve the public interest. In renewing or reissuing a waiver under this subsection, the Administrator shall include in any such renewed or reissued waiver such conditions as are necessary to minimize any adverse environmental impacts to the extent practicable. (e) Subsequent action by court If a waiver issued under this section is subsequently stayed, modified, or set aside by a court pursuant a provision of law, any omission or action previously taken by a party under the waiver while the waiver was in effect shall remain subject to subsection (c). (f) Definitions In this section: (1) Covered requirement The term covered requirement (A) any standard established under section 3002, 3003, or 3004; (B) the permit requirement under section 3005; or (C) any other requirement of this Act, as the Administrator determines appropriate. (2) Critical energy resource The term critical energy resource (A) that is essential to the energy sector and energy systems of the United States; and (B) the supply chain of which is vulnerable to disruption. (3) Critical energy resource facility The term critical energy resource facility . (2) Table of contents The table of contents of the Solid Waste Disposal Act ( 42 U.S.C. 6901 Public Law 89–272 Sec. 3025. Waivers for critical energy resource facilities. . 10012. Ending future delays in chemical substance review for critical energy resources Section 5(a) of the Toxic Substances Control Act ( 15 U.S.C. 2604(a) (6) Critical energy resources (A) Standard For purposes of a determination under paragraph (3) with respect to a chemical substance that is a critical energy resource, the Administrator shall take into consideration economic, societal, and environmental costs and benefits, notwithstanding any requirement of this section to not take such factors into consideration. (B) Failure to render determination (i) Actions authorized If, with respect to a chemical substance that is a critical energy resource, the Administrator fails to make a determination on a notice under paragraph (3) by the end of the applicable review period and the notice has not been withdrawn by the submitter, the submitter may take the actions described in paragraph (1)(A) with respect to the chemical substance, and the Administrator shall be relieved of any requirement to make such determination. (ii) Non-duplication A refund of applicable fees under paragraph (4)(A) shall not be made if a submitter takes an action described in paragraph (1)(A) under this subparagraph. (C) Prerequisite for suggestion of withdrawal or suspension The Administrator may not suggest to, or request of, a submitter of a notice under this subsection for a chemical substance that is a critical energy resource that such submitter withdraw such notice, or request a suspension of the running of the applicable review period with respect to such notice, unless the Administrator has— (i) conducted a preliminary review of such notice; and (ii) provided to the submitter a draft of a determination under paragraph (3), including any supporting information. (D) Definition For purposes of this paragraph, the term critical energy resource (i) that is essential to the energy sector and energy systems of the United States; and (ii) the supply chain of which is vulnerable to disruption. . 10013. Natural gas tax repeal (a) Repeal Section 136 of the Clean Air Act ( 42 U.S.C. 7436 (b) Rescission The unobligated balance of any amounts made available under section 136 of the Clean Air Act ( 42 U.S.C. 7436 10014. Repeal of greenhouse gas reduction fund (a) Repeal Section 134 of the Clean Air Act ( 42 U.S.C. 7434 (b) Rescission The unobligated balance of any amounts made available under section 134 of the Clean Air Act ( 42 U.S.C. 7434 (c) Conforming amendment Section 60103 of Public Law 117–169 10015. Keeping America’s refineries operating (a) In general The owner or operator of a stationary source described in subsection (b) of this section shall not be required by the regulations promulgated under section 112(r)(7)(B) of the Clean Air Act ( 42 U.S.C. 7412(r)(7)(B) (b) Stationary source described A stationary source described in this subsection is a stationary source (as defined in section 112(r)(2)(C) of the Clean Air Act ( 42 U.S.C. 7412(r)(2)(C) (1) for which a construction permit or operating permit has been issued pursuant to the Clean Air Act ( 42 U.S.C. 7401 et seq. (2) for which the owner or operator demonstrates to the Administrator of the Environmental Protection Agency that such stationary source conforms or will conform to the most recent version of American Petroleum Institute Recommended Practice 751. 10016. Homeowner energy freedom (a) In general The following are repealed: (1) Section 50122 of Public Law 117–169 42 U.S.C. 18795a (2) Section 50123 of Public Law 117–169 42 U.S.C. 18795b (3) Section 50131 of Public Law 117–169 (b) Rescissions The unobligated balances of any amounts made available under each of sections 50122, 50123, and 50131 of Public Law 117–169 42 U.S.C. 18795a (c) Conforming amendment Section 50121(c)(7) of Public Law 117–169 42 U.S.C. 18795(c)(7) , including a rebate provided under a high-efficiency electric home rebate program (as defined in section 50122(d)), B Transparency, accountability, permitting, and production of American resources 20001. Short title; table of contents (a) Short title This division may be cited as the Transparency, Accountability, Permitting, and Production of American Resources Act TAPP American Resources Act (b) Table of contents The table of contents for this division is as follows: Division B—Transparency, accountability, permitting, and production of American resources Sec. 20001. Short title; table of contents. Title I—Onshore and offshore leasing and oversight Sec. 20101. Onshore oil and gas leasing. Sec. 20102. Lease reinstatement. Sec. 20103. Protested lease sales. Sec. 20104. Suspension of operations. Sec. 20105. Administrative protest process reform. Sec. 20106. Leasing and permitting transparency. Sec. 20107. Offshore oil and gas leasing. Sec. 20108. Five-year plan for offshore oil and gas leasing. Sec. 20109. Geothermal leasing. Sec. 20110. Leasing for certain qualified coal applications. Sec. 20111. Future coal leasing. Sec. 20112. Staff planning report. Sec. 20113. Prohibition on Chinese communist party ownership interest. Sec. 20114. Effect on other law. Title II—Permitting streamlining Sec. 20201. Definitions. Sec. 20202. BUILDER Act. Sec. 20203. Codification of National Environmental Policy Act regulations. Sec. 20204. Non-major Federal actions. Sec. 20205. No net loss determination for existing rights-of-way. Sec. 20206. Determination of National Environmental Policy Act adequacy. Sec. 20207. Determination regarding rights-of-way. Sec. 20208. Terms of rights-of-way. Sec. 20209. Funding to process permits and develop information technology. Sec. 20210. Offshore geological and geophysical survey licensing. Sec. 20211. Deferral of applications for permits to drill. Sec. 20212. Processing and terms of applications for permits to drill. Sec. 20213. Amendments to the Energy Policy Act of 2005. Sec. 20214. Access to Federal energy resources from non-Federal surface estate. Sec. 20215. Scope of environmental reviews for oil and gas leases. Sec. 20216. Expediting approval of gathering lines. Sec. 20217. Lease sale litigation. Sec. 20218. Limitation on claims. Sec. 20219. Government Accountability Office report on permits to drill. Sec. 20220. E–NEPA. Title III—Permitting for mining needs Sec. 20301. Definitions. Sec. 20302. Minerals supply chain and reliability. Sec. 20303. Federal Register process improvement. Sec. 20304. Designation of mining as a covered sector for Federal permitting improvement purposes. Sec. 20305. Treatment of actions under Presidential Determination 2022–11 for Federal permitting improvement purposes. Sec. 20306. Notice for mineral exploration activities with limited surface disturbance. Sec. 20307. Use of mining claims for ancillary activities. Sec. 20308. Ensuring consideration of uranium as a critical mineral. Sec. 20309. Barring foreign bad actors from operating on Federal lands. Title IV—Federal land use planning Sec. 20401. Federal land use planning and withdrawals. Sec. 20402. Prohibitions on delay of mineral development of certain Federal land. Sec. 20403. Definitions. Title V—Ensuring competitiveness on Federal lands Sec. 20501. Incentivizing domestic production. Title VI—Energy revenue sharing Sec. 20601. Gulf of Mexico outer Continental Shelf revenue. Sec. 20602. Parity in offshore wind revenue sharing. Sec. 20603. Elimination of administrative fee under the Mineral Leasing Act. I Onshore and offshore leasing and oversight 20101. Onshore oil and gas leasing (a) Requirement To immediately resume onshore oil and gas lease sales (1) In general The Secretary of the Interior shall immediately resume quarterly onshore oil and gas lease sales in compliance with the Mineral Leasing Act ( 30 U.S.C. 181 et seq. (2) Requirement The Secretary of the Interior shall ensure— (A) that any oil and gas lease sale pursuant to paragraph (1) is conducted immediately on completion of all applicable scoping, public comment, and environmental analysis requirements under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 42 U.S.C. 4321 et seq. (B) that the processes described in subparagraph (A) are conducted in a timely manner to ensure compliance with subsection (b)(1). (3) Lease of oil and gas lands Section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) Eligible lands comprise all lands subject to leasing under this Act and not excluded from leasing by a statutory or regulatory prohibition. Available lands are those lands that have been designated as open for leasing under a land use plan developed under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 sales are necessary. (b) Quarterly lease sales (1) In general In accordance with the Mineral Leasing Act ( 30 U.S.C. 181 et seq. (A) Wyoming. (B) New Mexico. (C) Colorado. (D) Utah. (E) Montana. (F) North Dakota. (G) Oklahoma. (H) Nevada. (I) Alaska. (J) Any other State in which there is land available for oil and gas leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. (2) Requirement In conducting a lease sale under paragraph (1) in a State described in that paragraph, the Secretary of the Interior shall offer all parcels nominated and eligible pursuant to the requirements of the Mineral Leasing Act ( 30 U.S.C. 181 et seq. (3) Replacement sales The Secretary of the Interior shall conduct a replacement sale during the same fiscal year if— (A) a lease sale under paragraph (1) is canceled, delayed, or deferred, including for a lack of eligible parcels; or (B) during a lease sale under paragraph (1) the percentage of acreage that does not receive a bid is equal to or greater than 25 percent of the acreage offered. (4) Notice Regarding missed Sales Not later than 30 days after a sale required under this subsection is canceled, delayed, deferred, or otherwise missed, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that states what sale was missed and why it was missed. 20102. Lease reinstatement The reinstatement of a lease entered into under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 30 U.S.C. 1001 et seq. 42 U.S.C. 4332(2)(C) 20103. Protested lease sales Section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) The Secretary shall resolve any protest to a lease sale not later than 60 days after such payment. annual rental for the first lease year. 20104. Suspension of operations Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (r) Suspension of Operations Permits In the event that an oil and gas lease owner has submitted an expression of interest for adjacent acreage that is part of the nature of the geological play and has yet to be offered in a lease sale by the Secretary, they may request a suspension of operations from the Secretary of the Interior and upon request, the Secretary shall grant the suspension of operations within 15 days. Any payment of acreage rental or of minimum royalty prescribed by such lease likewise shall be suspended during such period of suspension of operations and production; and the term of such lease shall be extended by adding any such suspension period thereto. . 20105. Administrative protest process reform Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (s) Protest filing fee (1) In general Before processing any protest filed under this section, the Secretary shall collect a filing fee in the amount described in paragraph (2) from the protestor to recover the cost for processing documents filed for each administrative protest. (2) Amount The amount described in this paragraph is calculated as follows: (A) For each protest filed in a submission not exceeding 10 pages in length, the base filing fee shall be $150. (B) For each submission exceeding 10 pages in length, in addition to the base filing fee, an assessment of $5 per page in excess of 10 pages shall apply. (C) For protests that include more than one oil and gas lease parcel, right-of-way, or application for permit to drill in a submission, an additional assessment of $10 per additional lease parcel, right-of-way, or application for permit to drill shall apply. (3) Adjustment (A) In general Beginning on January 1, 2024, and annually thereafter, the Secretary shall adjust the filing fees established in this subsection to whole dollar amounts to reflect changes in the Producer Price Index, as published by the Bureau of Labor Statistics, for the previous 12 months. (B) Publication of adjusted filing fees At least 30 days before the filing fees as adjusted under this paragraph take effect, the Secretary shall publish notification of the adjustment of such fees in the Federal Register. . 20106. Leasing and permitting transparency (a) Report Not later than 30 days after the date of enactment of this Act, and annually thereafter, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (1) the status of nominated parcels for future onshore oil and gas and geothermal lease sales, including— (A) the number of expressions of interest received each month during the period of 365 days that ends on the date on which the report is submitted with respect to which the Bureau of Land Management— (i) has not taken any action to review; (ii) has not completed review; or (iii) has completed review and determined that the relevant area meets all applicable requirements for leasing, but has not offered the relevant area in a lease sale; (B) how long expressions of interest described in subparagraph (A) have been pending; and (C) a plan, including timelines, for how the Secretary of the Interior plans to— (i) work through future expressions of interest to prevent delays; (ii) put expressions of interest described in subparagraph (A) into a lease sale; and (iii) complete review for expressions of interest described in clauses (i) and (ii) of subparagraph (A); (2) the status of each pending application for permit to drill received during the period of 365 days that ends on the date on which the report is submitted, including the number of applications received each month, by each Bureau of Land Management office, including— (A) a description of the cause of delay for pending applications, including as a result of staffing shortages, technical limitations, incomplete applications, and incomplete review pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act ( 30 U.S.C. 226(p)(2) (C) a plan for how the office intends to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act ( 30 U.S.C. 226(p)(2) (3) the number of permits to drill issued each month by each Bureau of Land Management office during the 5-year period ending on the date on which the report is submitted; (4) the status of each pending application for a license for offshore geological and geophysical surveys received during the period of 365 days that ends on the date on which the report is submitted, including the number of applications received each month, by each Bureau of Ocean Energy management regional office, including— (A) a description of any cause of delay for pending applications, including as a result of staffing shortages, technical limitations, incomplete applications, and incomplete review pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) the number of days an application has been pending; and (C) a plan for how the Bureau of Ocean Energy Management intends to complete review of each application; (5) the number of licenses for offshore geological and geophysical surveys issued each month by each Bureau of Ocean Energy Management regional office during the 5-year period ending on the date on which the report is submitted; (6) the status of each pending application for a permit to drill received during the period of 365 days that ends on the date on which the report is submitted, including the number of applications received each month, by each Bureau of Safety and Environmental Enforcement regional office, including— (A) a description of any cause of delay for pending applications, including as a result of staffing shortages, technical limitations, incomplete applications, and incomplete review pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) the number of days an application has been pending; and (C) steps the Bureau of Safety and Environmental Enforcement is taking to complete review of each application; (7) the number of permits to drill issued each month by each Bureau of Safety and Environmental Enforcement regional office during the period of 365 days that ends on the date on which the report is submitted; (8) how, as applicable, the Bureau of Land Management, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement determines whether to— (A) issue a license for geological and geophysical surveys; (B) issue a permit to drill; and (C) issue, extend, or suspend an oil and gas lease; (9) when determinations described in paragraph (8) are sent to the national office of the Bureau of Land Management, the Bureau of Ocean Energy Management, or the Bureau of Safety and Environmental Enforcement for final approval; (10) the degree to which Bureau of Land Management, Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement field, State, and regional offices exercise discretion on such final approval; (11) during the period of 365 days that ends on the date on which the report is submitted, the number of auctioned leases receiving accepted bids that have not been issued to winning bidders and the number of days such leases have not been issued; and (12) a description of the uses of application for permit to drill fees paid by permit holders during the 5-year period ending on the date on which the report is submitted. (b) Pending applications for permits To drill Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall— (1) complete all requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) issue a permit for all completed applications to drill that are pending on the date of enactment of this Act. (c) Public availability of data (1) Mineral Leasing Act Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (t) Public availability of data (1) Expressions of interest Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. (2) Applications for permits to drill Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill in the preceding month in each State office. (3) Past data Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to each month during the 5-year period ending on the date of enactment of this subsection— (A) the number of approved and not approved expressions of interest for onshore oil and gas lease sales during such 5-year period; and (B) the number of approved and not approved applications for permits to drill during such 5-year period. . (2) Outer Continental Shelf Lands Act Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 (q) Public availability of data (1) Offshore geological and geophysical survey licenses Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for licenses for offshore geological and geophysical surveys in the preceding month. (2) Applications for permits to drill Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill on the outer Continental Shelf in the preceding month in each regional office. (3) Past data Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect each month during the 5-year period ending on the date of enactment of this subsection— (A) the number of approved applications for licenses for offshore geological and geophysical surveys; and (B) the number of approved applications for permits to drill on the outer Continental Shelf. . (d) Requirement To submit documents and communications (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives all documents and communications relating to the comprehensive review of Federal oil and gas permitting and leasing practices required under section 208 of Executive Order 14008 ( 42 U.S.C. 4321 (2) Inclusions The submission under paragraph (1) shall include all documents and communications submitted to the Secretary of the Interior by members of the public in response to any public meeting or forum relating to the comprehensive review described in that paragraph. 20107. Offshore oil and gas leasing (a) In general The Secretary shall conduct all lease sales described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) that have not been conducted as of the date of enactment of this Act by not later than September 30, 2023. (b) Gulf of Mexico Region Annual Lease Sales Notwithstanding any other provision of law, and except within areas subject to existing oil and gas leasing moratoria beginning in fiscal year 2023, the Secretary of the Interior shall annually conduct a minimum of 2 region-wide oil and gas lease sales in the following planning areas of the Gulf of Mexico region, as described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016): (1) The Central Gulf of Mexico Planning Area. (2) The Western Gulf of Mexico Planning Area. (c) Alaska Region Annual Lease Sales Notwithstanding any other provision of law, beginning in fiscal year 2023, the Secretary of the Interior shall annually conduct a minimum of 2 region-wide oil and gas lease sales in the Alaska region of the outer Continental Shelf, as described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016). (d) Requirements In conducting lease sales under subsections (b) and (c), the Secretary of the Interior shall— (1) issue such leases in accordance with the Outer Continental Shelf Lands Act ( 43 U.S.C. 1332 et seq. (2) include in each such lease sale all unleased areas that are not subject to a moratorium as of the date of the lease sale. 20108. Five-year plan for offshore oil and gas leasing Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 (1) in subsection (a)— (A) by striking subsections (c) and (d) of this section, shall prepare and periodically revise, this section, shall issue every five years (B) by adding at the end the following: (5) Each five-year program shall include at least 2 Gulf of Mexico region-wide lease sales per year. ; and (C) in paragraph (3), by inserting domestic energy security, between (2) by redesignating subsections (f) through (i) as subsections (h) through (k), respectively; and (3) by inserting after subsection (e) the following: (f) Five-Year program for 2023–2028 The Secretary shall issue the five-year oil and gas leasing program for 2023 through 2028 and issue the Record of Decision on the Final Programmatic Environmental Impact Statement by not later than July 1, 2023. (g) Subsequent leasing programs (1) In general Not later than 36 months after conducting the first lease sale under an oil and gas leasing program prepared pursuant to this section, the Secretary shall begin preparing the subsequent oil and gas leasing program under this section. (2) Requirement Each subsequent oil and gas leasing program under this section shall be approved by not later than 180 days before the expiration of the previous oil and gas leasing program. . 20109. Geothermal leasing (a) Annual leasing Section 4(b) of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1003(b) (1) in paragraph (2), by striking 2 years year (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and (3) after paragraph (2), by inserting the following: (3) Replacement Sales If a lease sale under paragraph (1) for a year is canceled or delayed, the Secretary of the Interior shall conduct a replacement sale during the same year. (4) Requirement In conducting a lease sale under paragraph (2) in a State described in that paragraph, the Secretary of the Interior shall offer all nominated parcels eligible for geothermal development and utilization under the resource management plan in effect for the State. . (b) Deadlines for consideration of geothermal drilling permits Section 4 of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1003 (h) Deadlines for consideration of geothermal drilling permits (1) Notice Not later than 30 days after the date on which the Secretary receives an application for any geothermal drilling permit, the Secretary shall— (A) provide written notice to the applicant that the application is complete; or (B) notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete. (2) Issuance of decision If the Secretary determines that an application for a geothermal drilling permit is complete under paragraph (1)(A), the Secretary shall issue a final decision on the application not later than 30 days after the Secretary notifies the applicant that the application is complete. . 20110. Leasing for certain qualified coal applications (a) Definitions In this section: (1) Coal lease The term coal lease (2) Qualified application The term qualified application 30 U.S.C. 181 et seq. 42 U.S.C. 4321 et seq. (b) Mandatory leasing and other required approvals As soon as practicable after the date of enactment of this Act, the Secretary shall promptly— (1) with respect to each qualified application— (A) if not previously published for public comment, publish a draft environmental assessment, as required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) finalize the fair market value of the coal tract for which a lease by application is pending; (C) take all intermediate actions necessary to grant the qualified application; and (D) grant the qualified application; and (2) with respect to previously awarded coal leases, grant any additional approvals of the Department of the Interior or any bureau, agency, or division of the Department of the Interior required for mining activities to commence. 20111. Future coal leasing Notwithstanding any judicial decision to the contrary or a departmental review of the Federal coal leasing program, Secretarial Order 3338, issued by the Secretary of the Interior on January 15, 2016, shall have no force or effect. 20112. Staff planning report The Secretary of the Interior and the Secretary of Agriculture shall each annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the staffing capacity of each respective agency with respect to issuing oil, gas, hardrock mining, coal, and renewable energy leases, rights-of-way, claims, easements, and permits. Each such report shall include— (1) the number of staff assigned to process and issue oil, gas, hardrock mining, coal, and renewable energy leases, rights-of-way, claims, easements, and permits; (2) a description of how many staff are needed to meet statutory requirements for such oil, gas, hardrock mining, coal, and renewable energy leases, rights-of-way, claims, easements, and permits; and (3) how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls and turnover to ensure adequate staffing to process and issue such oil, gas, hardrock mining, coal, and renewable energy leases, rights-of-way, claims, easements, and permits. 20113. Prohibition on Chinese communist party ownership interest Notwithstanding any other provision of law, the Communist Party of China (or a person acting on behalf of the Community Party of China) may not acquire any interest with respect to lands leased for oil or gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 43 U.S.C. 1331 et seq. 20114. Effect on other law Nothing in this division, or any amendments made by this division, shall affect— (1) the Presidential memorandum entitled Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition (2) the Presidential memorandum entitled Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition (3) the Presidential memorandum entitled Memorandum on Withdrawal of Certain Areas off the Atlantic Coast on the Outer Continental Shelf From Leasing Disposition (4) the ban on oil and gas development in the Great Lakes described in section 386 of the Energy Policy Act of 2005 ( 42 U.S.C. 15941 II Permitting streamlining 20201. Definitions In this title: (1) Energy facility The term energy facility (2) Energy storage device The term energy storage device (A) means any equipment that stores energy, including electricity, compressed air, pumped water, heat, and hydrogen, which may be converted into, or used to produce, electricity; and (B) includes a battery, regenerative fuel cell, flywheel, capacitor, superconducting magnet, and any other equipment the Secretary concerned determines may be used to store energy which may be converted into, or used to produce, electricity. (3) Public lands The term public lands (A) lands located on the outer Continental Shelf; and (B) lands held in trust by the United States for the benefit of Indians, Indian Tribes, Aleuts, and Eskimos. (4) Right-of-way The term right-of-way (A) a right-of-way issued, granted, or renewed under section 501 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 (B) a right-of-way granted under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 (5) Secretary concerned The term Secretary concerned (A) with respect to public lands, the Secretary of the Interior; and (B) with respect to National Forest System lands, the Secretary of Agriculture. (6) Land use plan The term land use plan (A) a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (B) a Land Management Plan developed by the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (C) a comprehensive conservation plan developed by the United States Fish and Wildlife Service under section 4(e)(1)(A) of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd(e)(1)(A) 20202. BUILDER Act (a) Paragraph (2) of section 102 Section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) (1) in subparagraph (A), by striking insure ensure (2) in subparagraph (B), by striking insure ensure (3) in subparagraph (C)— (A) by inserting consistent with the provisions of this Act and except as provided by other provisions of law, include in every (B) by striking clauses (i) through (v) and inserting the following: (i) reasonably foreseeable environmental effects with a reasonably close causal relationship to the proposed agency action; (ii) any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented; (iii) a reasonable number of alternatives to the proposed agency action, including an analysis of any negative environmental impacts of not implementing the proposed agency action in the case of a no action alternative, that are technically and economically feasible, are within the jurisdiction of the agency, meet the purpose and need of the proposal, and, where applicable, meet the goals of the applicant; (iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and (v) any irreversible and irretrievable commitments of Federal resources which would be involved in the proposed agency action should it be implemented. ; and (C) in the undesignated matter following clause (v) (as so amended), by striking the responsible Federal official the head of the lead agency (4) in subparagraph (D), by striking Any any (5) by redesignating subparagraphs (D) through (I) as subparagraphs (F) through (K), respectively; (6) by inserting after subparagraph (C) the following: (D) ensure the professional integrity, including scientific integrity, of the discussion and analysis in an environmental document; (E) make use of reliable existing data and resources in carrying out this Act; ; (7) by amending subparagraph (G), as redesignated, to read as follows: (G) consistent with the provisions of this Act, study, develop, and describe technically and economically feasible alternatives within the jurisdiction and authority of the agency; ; and (8) in subparagraph (H), as redesignated, by inserting consistent with the provisions of this Act, recognize (b) New sections Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. 106. Procedure for determination of level of review (a) Threshold determinations An agency is not required to prepare an environmental document with respect to a proposed agency action if— (1) the proposed agency action is not a final agency action within the meaning of such term in chapter 5 (2) the proposed agency action is covered by a categorical exclusion established by the agency, another Federal agency, or another provision of law; (3) the preparation of such document would clearly and fundamentally conflict with the requirements of another provision of law; (4) the proposed agency action is, in whole or in part, a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action; (5) the proposed agency action is a rulemaking that is subject to section 553 of title 5, United States Code; or (6) the proposed agency action is an action for which such agency’s compliance with another statute’s requirements serve the same or similar function as the requirements of this Act with respect to such action. (b) Levels of review (1) Environmental impact statement An agency shall issue an environmental impact statement with respect to a proposed agency action that has a significant effect on the quality of the human environment. (2) Environmental assessment An agency shall prepare an environmental assessment with respect to a proposed agency action that is not likely to have a significant effect on the quality of the human environment, or if the significance of such effect is unknown, unless the agency finds that a categorical exclusion established by the agency, another Federal agency, or another provision of law applies. Such environmental assessment shall be a concise public document prepared by a Federal agency to set forth the basis of such agency’s finding of no significant impact. (3) Sources of information In making a determination under this subsection, an agency— (A) may make use of any reliable data source; and (B) is not required to undertake new scientific or technical research. 107. Timely and unified Federal reviews (a) Lead agency (1) Designation (A) In general If there are 2 or more involved Federal agencies, such agencies shall determine, by letter or memorandum, which agency shall be the lead agency based on consideration of the following factors: (i) Magnitude of agency’s involvement. (ii) Project approval or disapproval authority. (iii) Expertise concerning the action’s environmental effects. (iv) Duration of agency’s involvement. (v) Sequence of agency’s involvement. (B) Joint lead agencies In making a determination under subparagraph (A), the involved Federal agencies may, in addition to a Federal agency, appoint such Federal, State, Tribal, or local agencies as joint lead agencies as the involved Federal agencies shall determine appropriate. Joint lead agencies shall jointly fulfill the role described in paragraph (2). (C) Mineral projects This paragraph shall not apply with respect to a mineral exploration or mine permit. (2) Role A lead agency shall, with respect to a proposed agency action— (A) supervise the preparation of an environmental document if, with respect to such proposed agency action, there is more than 1 involved Federal agency; (B) request the participation of each cooperating agency at the earliest practicable time; (C) in preparing an environmental document, give consideration to any analysis or proposal created by a cooperating agency with jurisdiction by law or a cooperating agency with special expertise; (D) develop a schedule, in consultation with each involved cooperating agency, the applicant, and such other entities as the lead agency determines appropriate, for completion of any environmental review, permit, or authorization required to carry out the proposed agency action; (E) if the lead agency determines that a review, permit, or authorization will not be completed in accordance with the schedule developed under subparagraph (D), notify the agency responsible for issuing such review, permit, or authorization of the discrepancy and request that such agency take such measures as such agency determines appropriate to comply with such schedule; and (F) meet with a cooperating agency that requests such a meeting. (3) Cooperating agency The lead agency may, with respect to a proposed agency action, designate any involved Federal agency or a State, Tribal, or local agency as a cooperating agency. A cooperating agency may, not later than a date specified by the lead agency, submit comments to the lead agency. Such comments shall be limited to matters relating to the proposed agency action with respect to which such agency has special expertise or jurisdiction by law with respect to an environmental issue. (4) Request for designation Any Federal, State, Tribal, or local agency or person that is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action under paragraph (1) may submit a written request for such a designation to an involved Federal agency. An agency that receives a request under this paragraph shall transmit such request to each involved Federal agency and to the Council. (5) Council designation (A) Request Not earlier than 45 days after the date on which a request is submitted under paragraph (4), if no designation has been made under paragraph (1), a Federal, State, Tribal, or local agency or person that is substantially affected by the lack of a designation of a lead agency may request that the Council designate a lead agency. Such request shall consist of— (i) a precise description of the nature and extent of the proposed agency action; and (ii) a detailed statement with respect to each involved Federal agency and each factor listed in paragraph (1) regarding which agency should serve as lead agency. (B) Transmission The Council shall transmit a request received under subparagraph (A) to each involved Federal agency. (C) Response An involved Federal agency may, not later than 20 days after the date of the submission of a request under subparagraph (A), submit to the Council a response to such request. (D) Designation Not later than 40 days after the date of the submission of a request under subparagraph (A), the Council shall designate the lead agency with respect to the relevant proposed agency action. (b) One document (1) Document To the extent practicable, if there are 2 or more involved Federal agencies with respect to a proposed agency action and the lead agency has determined that an environmental document is required, such requirement shall be deemed satisfied with respect to all involved Federal agencies if the lead agency issues such an environmental document. (2) Consideration timing In developing an environmental document for a proposed agency action, no involved Federal agency shall be required to consider any information that becomes available after the sooner of, as applicable— (A) receipt of a complete application with respect to such proposed agency action; or (B) publication of a notice of intent or decision to prepare an environmental impact statement for such proposed agency action. (3) Scope of review In developing an environmental document for a proposed agency action, the lead agency and any other involved Federal agencies shall only consider the effects of the proposed agency action that— (A) occur on Federal land; or (B) are subject to Federal control and responsibility. (c) Request for public comment Each notice of intent to prepare an environmental impact statement under section 102 shall include a request for public comment on alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action. (d) Statement of purpose and need Each environmental impact statement shall include a statement of purpose and need that briefly summarizes the underlying purpose and need for the proposed agency action. (e) Estimated total cost The cover sheet for each environmental impact statement shall include a statement of the estimated total cost of preparing such environmental impact statement, including the costs of agency full-time equivalent personnel hours, contractor costs, and other direct costs. (f) Page limits (1) Environmental impact statements (A) In general Except as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices. (B) Extraordinary complexity An environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices. (2) Environmental assessments An environmental assessment shall not exceed 75 pages, not including any citations or appendices. (g) Sponsor preparation A lead agency shall allow a project sponsor to prepare an environmental assessment or an environmental impact statement upon request of the project sponsor. Such agency may provide such sponsor with appropriate guidance and assist in the preparation. The lead agency shall independently evaluate the environmental document and shall take responsibility for the contents upon adoption. (h) Deadlines (1) In general Except as provided in paragraph (2), with respect to a proposed agency action, a lead agency shall complete, as applicable— (A) the environmental impact statement not later than the date that is 2 years after the sooner of, as applicable— (i) the date on which such agency determines that section 102(2)(C) requires the issuance of an environmental impact statement with respect to such action; (ii) the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and (iii) the date on which such agency issues a notice of intent to prepare the environmental impact statement for such action; and (B) the environmental assessment not later than the date that is 1 year after the sooner of, as applicable— (i) the date on which such agency determines that section 106(b)(2) requires the preparation of an environmental assessment with respect to such action; (ii) the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and (iii) the date on which such agency issues a notice of intent to prepare the environmental assessment for such action. (2) Delay A lead agency that determines it is not able to meet the deadline described in paragraph (1) may extend such deadline with the approval of the applicant. If the applicant approves such an extension, the lead agency shall establish a new deadline that provides only so much additional time as is necessary to complete such environmental impact statement or environmental assessment. (3) Expenditures for delay If a lead agency is unable to meet the deadline described in paragraph (1) or extended under paragraph (2), the lead agency shall pay $100 per day, to the extent funding is provided in advance in an appropriations Act, out of the office of the head of the department of the lead agency to the applicant starting on the first day immediately following the deadline described in paragraph (1) or extended under paragraph (2) up until the date that an applicant approves a new deadline. This paragraph does not apply when the lead agency misses a deadline solely due to delays caused by litigation. (i) Report (1) In general The head of each lead agency shall annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (A) identifies any environmental assessment and environmental impact statement that such lead agency did not complete by the deadline described in subsection (h); and (B) provides an explanation for any failure to meet such deadline. (2) Inclusions Each report submitted under paragraph (1) shall identify, as applicable— (A) the office, bureau, division, unit, or other entity within the Federal agency responsible for each such environmental assessment and environmental impact statement; (B) the date on which— (i) such lead agency notified the applicant that the application to establish a right-of-way for the major Federal action is complete; (ii) such lead agency began the scoping for the major Federal action; or (iii) such lead agency issued a notice of intent to prepare the environmental assessment or environmental impact statement for the major Federal action; and (C) when such environmental assessment and environmental impact statement is expected to be complete. 108. Judicial review (a) Limitations on claims Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of compliance with this Act, of a determination made under this Act, or of Federal action resulting from a determination made under this Act, shall be barred unless— (1) in the case of a claim pertaining to a proposed agency action for which an environmental document was prepared and an opportunity for comment was provided, the claim is— (A) filed by a party that participated in the administrative proceedings regarding such environmental document; or (B) (i) filed by a party that submitted a comment during the public comment period for such administrative proceedings and such comment was sufficiently detailed to put the lead agency on notice of the issue upon which the party seeks judicial review; and (ii) related to such comment; (2) except as provided in subsection (b), such claim is filed not later than 120 days after the date of publication of a notice in the Federal Register of agency intent to carry out the proposed agency action; (3) such claim is filed after the issuance of a record of decision or other final agency action with respect to the relevant proposed agency action; (4) such claim does not challenge the establishment or use of a categorical exclusion under section 102; and (5) such claim concerns— (A) an alternative included in the environmental document; or (B) an environmental effect considered in the environmental document. (b) Supplemental environmental impact statement (1) Separate final agency action The issuance of a Federal action resulting from a final supplemental environmental impact statement shall be considered a final agency action for the purposes of chapter 5 (2) Deadline for filing a claim A claim seeking judicial review of a Federal action resulting from a final supplemental environmental review issued under section 102(2)(C) shall be barred unless— (A) such claim is filed within 120 days of the date on which a notice of the Federal agency action resulting from a final supplemental environmental impact statement is issued; and (B) such claim is based on information contained in such supplemental environmental impact statement that was not contained in a previous environmental document pertaining to the same proposed agency action. (c) Prohibition on injunctive relief Notwithstanding any other provision of law, a violation of this Act shall not constitute the basis for injunctive relief. (d) Rule of construction Nothing in this section shall be construed to create a right of judicial review or place any limit on filing a claim with respect to the violation of the terms of a permit, license, or approval. (e) Remand Notwithstanding any other provision of law, no proposed agency action for which an environmental document is required shall be vacated or otherwise limited, delayed, or enjoined unless a court concludes allowing such proposed action will pose a risk of an imminent and substantial environmental harm and there is no other equitable remedy available as a matter of law. 109. Definitions In this title: (1) Categorical exclusion The term categorical exclusion (2) Cooperating agency The term cooperating agency (3) Council The term Council (4) Environmental assessment The term environmental assessment (5) Environmental document The term environmental document (6) Environmental impact statement The term environmental impact statement (7) Finding of no significant impact The term finding of no significant impact (8) Involved Federal agency The term involved Federal agency (A) proposed such action; or (B) is involved in such action because such action is directly related, through functional interdependence or geographic proximity, to an action such agency has taken or has proposed to take. (9) Lead agency (A) In general Except as provided in subparagraph (B), the term lead agency (i) the agency that proposed such action; or (ii) if there are 2 or more involved Federal agencies with respect to such action, the agency designated under section 107(a)(1). (B) Specification for mineral exploration or mine permits With respect to a proposed mineral exploration or mine permit, the term lead agency 30 U.S.C. 1607 (10) Major Federal action (A) In general The term major Federal action (B) Exclusion The term major Federal action (i) a non-Federal action— (I) with no or minimal Federal funding; (II) with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project; or (III) that does not include Federal land; (ii) funding assistance solely in the form of general revenue sharing funds which do not provide Federal agency compliance or enforcement responsibility over the subsequent use of such funds; (iii) loans, loan guarantees, or other forms of financial assistance where a Federal agency does not exercise sufficient control and responsibility over the effect of the action; (iv) farm ownership and operating loan guarantees by the Farm Service Agency pursuant to sections 305 and 311 through 319 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1925 (v) business loan guarantees provided by the Small Business Administration pursuant to subsection (a) or (b) of section 7 of the Small Business Act ( 15 U.S.C. 636 15 U.S.C. 695 et seq. (vi) bringing judicial or administrative civil or criminal enforcement actions; or (vii) extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the United States. (C) Additional exclusions An agency action may not be determined to be a major Federal action on the basis of— (i) an interstate effect of the action or related project; or (ii) the provision of Federal funds for the action or related project. (11) Mineral exploration or mine permit The term mineral exploration or mine permit 30 U.S.C. 1607 (12) Proposal The term proposal (13) Reasonably foreseeable The term reasonably foreseeable (A) not later than 10 years after the lead agency begins preparing the environmental document; and (B) in an area directly affected by the proposed agency action such that an individual of ordinary prudence would take such occurrence into account in reaching a decision. (14) Special expertise The term special expertise . 20203. Codification of National Environmental Policy Act regulations The revisions to the Code of Federal Regulations made pursuant to the final rule of the Council on Environmental Quality entitled Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act 20204. Non-major Federal actions (a) Exemption An action by the Secretary concerned with respect to a covered activity shall be not considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (b) Covered activity In this section, the term covered activity (1) geotechnical investigations; (2) off-road travel in an existing right-of-way; (3) construction of meteorological towers where the total surface disturbance at the location is less than 5 acres; (4) adding a battery or other energy storage device to an existing or planned energy facility, if that storage resource is located within the physical footprint of the existing or planned energy facility; (5) drilling temperature gradient wells and other geothermal exploratory wells, including construction or making improvements for such activities, where— (A) the last cemented casing string is less than 12 inches in diameter; and (B) the total unreclaimed surface disturbance at any 1 time within the project area is less than 5 acres; (6) any repair, maintenance, upgrade, optimization, or minor addition to existing transmission and distribution infrastructure, including— (A) operation, maintenance, or repair of power equipment and structures within existing substations, switching stations, transmission, and distribution lines; (B) the addition, modification, retirement, or replacement of breakers, transmission towers, transformers, bushings, or relays; (C) the voltage uprating, modification, reconductoring with conventional or advanced conductors, and clearance resolution of transmission lines; (D) activities to minimize fire risk, including vegetation management, routine fire mitigation, inspection, and maintenance activities, and removal of hazard trees and other hazard vegetation within or adjacent to an existing right-of-way; (E) improvements to or construction of structure pads for such infrastructure; and (F) access and access route maintenance and repairs associated with any activity described in subparagraph (A) through (E); (7) approval of and activities conducted in accordance with operating plans or agreements for transmission and distribution facilities or under a special use authorization for an electric transmission and distribution facility right-of-way; and (8) construction, maintenance, realignment, or repair of an existing permanent or temporary access road— (A) within an existing right-of-way or within a transmission or utility corridor established by Congress or in a land use plan; (B) that serves an existing transmission line, distribution line, or energy facility; or (C) activities conducted in accordance with existing onshore oil and gas leases. 20205. No net loss determination for existing rights-of-way (a) In general Upon a determination by the Secretary concerned that there will be no overall long-term net loss of vegetation, soil, or habitat, as defined by acreage and function, resulting from a proposed action, decision, or activity within an existing right-of-way, within a right-of-way corridor established in a land use plan, or in an otherwise designated right-of-way, that action, decision, or activity shall not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (b) Inclusion of remediation In making a determination under subsection (a), the Secretary concerned shall consider the effect of any remediation work to be conducted during the lifetime of the action, decision, or activity when determining whether there will be any overall long-term net loss of vegetation, soil, or habitat. 20206. Determination of National Environmental Policy Act adequacy The Secretary concerned shall use previously completed environmental assessments and environmental impact statements to satisfy the requirements of section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (1) the new proposed action is substantially the same as a previously analyzed proposed action or alternative analyzed in a previous environmental assessment or environmental impact statement; and (2) the effects of the proposed action are substantially the same as the effects analyzed in such existing environmental assessments or environmental impact statements. 20207. Determination regarding rights-of-way Not later than 60 days after the Secretary concerned receives an application to grant a right-of-way, the Secretary concerned shall notify the applicant as to whether the application is complete or deficient. If the Secretary concerned determines the application is complete, the Secretary concerned may not consider any other application to grant a right-of-way on the same or any overlapping parcels of land while such application is pending. 20208. Terms of rights-of-way (a) Fifty-Year terms for rights-of-Way (1) In general Any right-of-way for pipelines for the transportation or distribution of oil or gas granted, issued, amended, or renewed under Federal law may be limited to a term of not more than 50 years before such right-of-way is subject to renewal or amendment. (2) Federal Land Policy and Management Act of 1976 Section 501 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 (e) Any right-of-way granted, issued, amended, or renewed under subsection (a)(4) may be limited to a term of not more than 50 years before such right-of-way is subject to renewal or amendment. . (b) Mineral Leasing Act Section 28(n) of the Mineral Leasing Act ( 30 U.S.C. 185(n) thirty 50 20209. Funding to process permits and develop information technology (a) In general In fiscal years 2023 through 2025, the Secretary of Agriculture (acting through the Forest Service) and the Secretary of the Interior, after public notice, may accept and expend funds contributed by non-Federal entities for dedicated staff, information resource management, and information technology system development to expedite the evaluation of permits, biological opinions, concurrence letters, environmental surveys and studies, processing of applications, consultations, and other activities for the leasing, development, or expansion of an energy facility under the jurisdiction of the respective Secretaries. (b) Effect on permitting In carrying out this section, the Secretary of the Interior shall ensure that the use of funds accepted under subsection (a) will not impact impartial decision making with respect to permits, either substantively or procedurally. (c) Statement for failure To accept or expend funds Not later than 60 days after the end of the applicable fiscal year, if the Secretary of Agriculture (acting through the Forest Service) or the Secretary of the Interior does not accept funds contributed under subsection (a) or accepts but does not expend such funds, that Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a statement explaining why such funds were not accepted, were not expended, or both, as the case may be. 20210. Offshore geological and geophysical survey licensing The Secretary of the Interior shall authorize geological and geophysical surveys related to oil and gas activities on the Gulf of Mexico outer Continental Shelf, except within areas subject to existing oil and gas leasing moratoria. Such authorizations shall be issued within 30 days of receipt of a completed application and shall, as applicable to survey type, comply with the mitigation and monitoring measures in subsections (a), (b), (c), (d), (f), and (g) of section 217.184 of title 50, Code of Federal Regulations (as in effect on January 1, 2022), and section 217.185 of title 50, Code of Federal Regulations (as in effect on January 1, 2022). Geological and geophysical surveys authorized pursuant to this section are deemed to be in full compliance with the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. 16 U.S.C. 1531 et seq. 20211. Deferral of applications for permits to drill Section 17(p)(3) of the Mineral Leasing Act ( 30 U.S.C. 226(p)(3) (D) Deferral based on formatting issues A decision on an application for a permit to drill may not be deferred under paragraph (2)(B) as a result of a formatting issue with the permit, unless such formatting issue results in missing information. . 20212. Processing and terms of applications for permits to drill (a) Effect of pending civil actions Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) (4) Effect of pending civil action on processing applications for permits to drill Pursuant to the requirements of paragraph (2), notwithstanding the existence of any pending civil actions affecting the application or related lease, the Secretary shall process an application for a permit to drill or other authorizations or approvals under a valid existing lease, unless a United States Federal court vacated such lease. Nothing in this paragraph shall be construed as providing authority to a Federal court to vacate a lease. . (b) Term of permit To drill Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (u) Term of permit To drill A permit to drill issued under this section after the date of the enactment of this subsection shall be valid for 1 4-year term from the date that the permit is approved, or until the lease regarding which the permit is issued expires, whichever occurs first. . 20213. Amendments to the Energy Policy Act of 2005 Section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 390. National environmental policy act review (a) National environmental policy act review Action by the Secretary of the Interior, in managing the public lands, or the Secretary of Agriculture, in managing National Forest System lands, with respect to any of the activities described in subsection (c), shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) 30 U.S.C. 181 et seq. (b) Application This section shall not apply to an action of the Secretary of the Interior or the Secretary of Agriculture on Indian lands or resources managed in trust for the benefit of Indian Tribes. (c) Activities described The activities referred to in subsection (a) are as follows: (1) Reinstating a lease pursuant to section 31 of the Mineral Leasing Act ( 30 U.S.C. 188 (2) The following activities, provided that any new surface disturbance is contiguous with the footprint of the original authorization and does not exceed 20 acres or the acreage has previously been evaluated in a document previously prepared under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (A) Drilling an oil or gas well at a well pad site at which drilling has occurred previously. (B) Expansion of an existing oil or gas well pad site to accommodate an additional well. (C) Expansion or modification of an existing oil or gas well pad site, road, pipeline, facility, or utility submitted in a sundry notice. (3) Drilling of an oil or gas well at a new well pad site, provided that the new surface disturbance does not exceed 20 acres and the acreage evaluated in a document previously prepared under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (4) Construction or realignment of a road, pipeline, or utility within an existing right-of-way or within a right-of-way corridor established in a land use plan. (5) The following activities when conducted from non-Federal surface into federally owned minerals, provided that the operator submits to the Secretary concerned certification of a surface use agreement with the non-Federal landowner: (A) Drilling an oil or gas well at a well pad site at which drilling has occurred previously. (B) Expansion of an existing oil or gas well pad site to accommodate an additional well. (C) Expansion or modification of an existing oil or gas well pad site, road, pipeline, facility, or utility submitted in a sundry notice. (6) Drilling of an oil or gas well from non-Federal surface and non-Federal subsurface into Federal mineral estate. (7) Construction of up to 1 mile of new road on Federal or non-Federal surface, not to exceed 2 miles in total. (8) Construction of up to 3 miles of individual pipelines or utilities, regardless of surface ownership. . 20214. Access to Federal energy resources from non-Federal surface estate (a) Oil and Gas Permits Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (v) No Federal permit required for oil and gas activities on certain land (1) In general The Secretary shall not require an operator to obtain a Federal drilling permit for oil and gas exploration and production activities conducted on non-Federal surface estate, provided that— (A) the United States holds an ownership interest of less than 50 percent of the subsurface mineral estate to be accessed by the proposed action; and (B) the operator submits to the Secretary a State permit to conduct oil and gas exploration and production activities on the non-Federal surface estate. (2) No Federal action An oil and gas exploration and production activity carried out under paragraph (1)— (A) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (B) shall require no additional Federal action; (C) may commence 30 days after submission of the State permit to the Secretary; and (D) shall not be subject to— (i) section 306108 of title 54, United States Code (commonly known as the National Historic Preservation Act of 1966 (ii) section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (3) Royalties and production accountability (A) Nothing in this subsection shall affect the amount of royalties due to the United States under this Act from the production of oil and gas, or alter the Secretary’s authority to conduct audits and collect civil penalties pursuant to the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. (B) The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of production of Federal oil and gas, and payment of royalties. (4) Exceptions This subsection shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian tribes. (5) Indian land In this subsection, the term Indian land (A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community. . (b) Geothermal permits The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. 30. No Federal permit required for geothermal activities on certain land (a) In general The Secretary shall not require an operator to obtain a Federal drilling permit for geothermal exploration and production activities conducted on a non-Federal surface estate, provided that— (1) the United States holds an ownership interest of less than 50 percent of the subsurface geothermal estate to be accessed by the proposed action; and (2) the operator submits to the Secretary a State permit to conduct geothermal exploration and production activities on the non-Federal surface estate. (b) No Federal action A geothermal exploration and production activity carried out under subsection (a)— (1) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (2) shall require no additional Federal action; (3) may commence 30 days after submission of the State permit to the Secretary; and (4) shall not be subject to— (A) section 306108 of title 54, United States Code (commonly known as the National Historic Preservation Act of 1966 (B) section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (c) Royalties and production accountability (1) Nothing in this section shall affect the amount of royalties due to the United States under this Act from the production of electricity using geothermal resources (other than direct use of geothermal resources) or the production of any byproducts. (2) The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of the production described in paragraph (1), and payment of royalties. (d) Exceptions This section shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian tribes. (e) Indian land In this section, the term Indian land (1) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (2) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (A) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (B) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (C) by a dependent Indian community. . 20215. Scope of environmental reviews for oil and gas leases An environmental review for an oil and gas lease or permit prepared pursuant to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (1) shall apply only to areas that are within or immediately adjacent to the lease plot or plots and that are directly affected by the proposed action; and (2) shall not require consideration of downstream, indirect effects of oil and gas consumption. 20216. Expediting approval of gathering lines Section 11318(b)(1) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 15943(b)(1) to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) to not be a major Federal action 20217. Lease sale litigation Notwithstanding any other provision of law, any oil and gas lease sale held under section 17 of the Mineral Leasing Act ( 26 U.S.C. 226 43 U.S.C. 1331 et seq. 42 U.S.C. 4321 et seq. 26 U.S.C. 226 43 U.S.C. 1331 et seq. 20218. Limitation on claims (a) In General Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for a mineral project, energy facility, or energy storage device shall be barred unless— (1) the claim is filed within 120 days after publication of a notice in the Federal Register announcing that the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed; and (2) the claim is filed by a party that submitted a comment during the public comment period for such permit, license, or approval and such comment was sufficiently detailed to put the agency on notice of the issue upon which the party seeks judicial review. (b) Savings clause Nothing in this section shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or approval. (c) Transportation projects Subsection (a) shall not apply to or supersede a claim subject to section 139(l)(1) of title 23, United States Code. (d) Mineral project In this section, the term mineral project (1) located on— (A) a mining claim, millsite claim, or tunnel site claim for any mineral; (B) lands open to mineral entry; or (C) a Federal mineral lease; and (2) for the purposes of exploring for or producing minerals. 20219. Government Accountability Office report on permits to drill (a) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall issue a report detailing— (1) the approval timelines for applications for permits to drill issued by the Bureau of Land Management from 2018 through 2022; (2) the number of applications for permits to drill that were not issued within 30 days of receipt of a completed application; and (3) the causes of delays resulting in applications for permits to drill pending beyond the 30-day deadline required under section 17(p)(2) of the Mineral Leasing Act ( 30 U.S.C. 226(p)(2) (b) Recommendations The report issued under subsection (a) shall include recommendations with respect to— (1) actions the Bureau of Land Management can take to streamline the approval process for applications for permits to drill to approve applications for permits to drill within 30 days of receipt of a completed application; (2) aspects of the Federal permitting process carried out by the Bureau of Land Management to issue applications for permits to drill that can be turned over to States to expedite approval of applications for permits to drill; and (3) legislative actions that Congress must take to allow States to administer certain aspects of the Federal permitting process described in paragraph (2). 20220. E–NEPA (a) Permitting portal study The Council on Environmental Quality shall conduct a study and submit a report to Congress within 1 year of the date of enactment of this Act on the potential to create an online permitting portal for permits that require review under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (1) allow applicants to— (A) submit required documents or materials for their application in 1 unified portal; (B) upload additional documents as required by the applicable agency; and (C) track the progress of individual applications; (2) enhance interagency coordination in consultation by— (A) allowing for comments in 1 unified portal; (B) centralizing data necessary for reviews; and (C) streamlining communications between other agencies and the applicant; and (3) boost transparency in agency decisionmaking. (b) Authorization of appropriations There is authorized to be appropriated $500,000 for the Council of Environmental Quality to carry out the study directed by this section. III Permitting for mining needs 20301. Definitions In this title: (1) Byproduct The term byproduct 30 U.S.C. 1606(a) (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Mineral The term mineral Mining Law of 1872 30 U.S.C. 22 et seq. 30 U.S.C. 351 (4) Secretary Except as otherwise provided, the term Secretary (5) State The term State (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. 20302. Minerals supply chain and reliability Section 40206 of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 (1) in the section heading, by striking Critical minerals Minerals (2) by amending subsection (a) to read as follows: (a) Definitions In this section: (1) Lead agency The term lead agency (2) Mineral The term mineral TAPP American Resources Act (3) Mineral exploration or mine permit The term mineral exploration or mine permit (A) an authorization of the Bureau of Land Management or the Forest Service, as applicable, for exploration for minerals that requires analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) a plan of operations for a mineral project approved by the Bureau of Land Management or the Forest Service; or (C) any other Federal permit or authorization for a mineral project. (4) Mineral project The term mineral project (A) located on— (i) a mining claim, millsite claim, or tunnel site claim for any mineral; (ii) lands open to mineral entry; or (iii) a Federal mineral lease; and (B) for the purposes of exploring for or producing minerals. ; (3) in subsection (b), by striking critical (4) in subsection (c)— (A) by striking critical mineral production on Federal land mineral projects (B) by inserting , and in accordance with subsection (h) to the maximum extent practicable (C) by striking shall complete the shall complete such (D) in paragraph (1), by striking critical mineral-related activities on Federal land mineral projects (E) in paragraph (8), by striking the and (F) in paragraph (9), by striking procedures. procedures; and (G) by adding at the end the following: (10) deferring to and relying on baseline data, analyses, and reviews performed by State agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project. ; (5) in subsection (d)— (A) by striking critical (B) in paragraph (3), by striking mineral-related activities on Federal land mineral projects (6) in subsection (e), by striking critical (7) in subsection (f), by striking critical (8) in subsection (g), by striking critical (9) by adding at the end the following: (h) Other requirements (1) Memorandum of agreement For purposes of maximizing efficiency and effectiveness of the Federal permitting and review processes described under subsection (c), the lead agency in the Federal permitting and review processes of a mineral project shall (in consultation with any other Federal agency involved in such Federal permitting and review processes, and upon request of the project applicant, an affected State government, local government, or an Indian Tribe, or other entity such lead agency determines appropriate) enter into a memorandum of agreement with a project applicant where requested by the applicant to carry out the activities described in subsection (c). (2) Timelines and schedules for NEPA reviews (A) Extension A project applicant may enter into 1 or more agreements with a lead agency to extend the deadlines described in subparagraphs (A) and (B) of subsection (h)(1) of section 107 of title I of the National Environmental Policy Act of 1969 by, with respect to each such agreement, not more than 6 months. (B) Adjustment of timelines At the request of a project applicant, the lead agency and any other entity which is a signatory to a memorandum of agreement under paragraph (1) may, by unanimous agreement, adjust— (i) any deadlines described in subparagraph (A); and (ii) any deadlines extended under subparagraph (B). (3) Effect on pending applications Upon a written request by a project applicant, the requirements of this subsection shall apply to any application for a mineral exploration or mine permit or mineral lease that was submitted before the date of enactment of the TAPP American Resources Act . 20303. Federal Register process improvement Section 7002(f) of the Energy Act of 2020 ( 30 U.S.C. 1606(f) (1) in paragraph (2), by striking critical (2) by striking paragraph (4). 20304. Designation of mining as a covered sector for Federal permitting improvement purposes Section 41001(6)(A) of the FAST Act ( 42 U.S.C. 4370m(6)(A) mineral production, or any other sector 20305. Treatment of actions under Presidential Determination 2022–11 for Federal permitting improvement purposes (a) In general Except as provided by subsection (c), an action described in subsection (b) shall be— (1) treated as a covered project, as defined in section 41001(6) of the FAST Act ( 42 U.S.C. 4370m(6) (2) included in the Permitting Dashboard maintained pursuant to section 41003(b) of that Act ( 42 U.S.C. 4370m–2(b) (b) Actions described An action described in this subsection is an action taken by the Secretary of Defense pursuant to Presidential Determination 2022–11 (87 Fed. Reg. 19775; relating to certain actions under section 303 of the Defense Production Act of 1950) or the Presidential Memorandum of February 27, 2023, entitled Presidential Waiver of Statutory Requirements Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Department of Defense Supply Chains Resilience (1) supporting feasibility studies for mature mining, beneficiation, and value-added processing projects; (2) byproduct and co-product production at existing mining, mine waste reclamation, and other industrial facilities; (3) modernization of mining, beneficiation, and value-added processing to increase productivity, environmental sustainability, and workforce safety; or (4) any other activity authorized under section 303(a)(1) of the Defense Production Act of 1950 15 ( 50 U.S.C. 4533(a)(1) (c) Exception An action described in subsection (b) may not be treated as a covered project or be included in the Permitting Dashboard under subsection (a) if the project sponsor (as defined in section 41001(18) of the FAST Act ( 42 U.S.C. 4370m(18) 20306. Notice for mineral exploration activities with limited surface disturbance (a) In general Not later than 15 days before commencing an exploration activity with a surface disturbance of not more than 5 acres of public lands, the operator of such exploration activity shall submit to the Secretary concerned a complete notice of such exploration activity. (b) Inclusions Notice submitted under subsection (a) shall include such information the Secretary concerned may require, including the information described in section 3809.301 of title 43, Code of Federal Regulations (or any successor regulation). (c) Review Not later than 15 days after the Secretary concerned receives notice submitted under subsection (a), the Secretary concerned shall— (1) review and determine completeness of the notice; and (2) allow exploration activities to proceed if— (A) the surface disturbance of such exploration activities on such public lands will not exceed 5 acres; (B) the Secretary concerned determines that the notice is complete; and (C) the operator provides financial assurance that the Secretary concerned determines is adequate. (d) Definitions In this section: (1) Exploration activity The term exploration activity (A) means creating surface disturbance greater than casual use that includes sampling, drilling, or developing surface or underground workings to evaluate the type, extent, quantity, or quality of mineral values present; (B) includes constructing drill roads and drill pads, drilling, trenching, excavating test pits, and conducting geotechnical tests and geophysical surveys; and (C) does not include activities where material is extracted for commercial use or sale. (2) Secretary concerned The term Secretary concerned (A) with respect to lands administered by the Secretary, the Secretary; and (B) with respect to National Forest System lands, the Secretary of Agriculture. 20307. Use of mining claims for ancillary activities Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f (e) Security of tenure (1) In general (A) In general A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) such claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver under subsection (d), such claimant makes a timely payment of the location fee and complies with the required assessment work under the general mining laws. (B) Operations defined For the purposes of this paragraph, the term operations (i) any activity or work carried out in connection with prospecting, exploration, processing, discovery and assessment, development, or extraction with respect to a locatable mineral; (ii) the reclamation of any disturbed areas; and (iii) any other reasonably incident uses, whether on a mining claim or not, including the construction and maintenance of facilities, roads, transmission lines, pipelines, and any other necessary infrastructure or means of access on public land for support facilities. (2) Fulfillment of Federal Land Policy and Management Act A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy the requirements of any provision of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (3) Savings clause Nothing in this subsection may be construed to diminish the rights of entry, use, and occupancy, or any other right, of a claimant under the general mining laws. . 20308. Ensuring consideration of uranium as a critical mineral (a) In general Section 7002(a)(3)(B)(i) of the Energy Act of 2020 ( 30 U.S.C. 1606(a)(3)(B)(i) (i) oil, oil shale, coal, or natural gas; . (b) Update Not later than 60 days after the date of enactment of this Act, the Secretary, acting through the Director of the United States Geological Survey, shall publish in the Federal Register an update to the final list established in section 7002(c)(3) of the Energy Act of 2020 ( 30 U.S.C. 1606(c)(3) 20309. Barring foreign bad actors from operating on Federal lands A mining claimant shall be barred from the right to use, occupy, and conduct operations on Federal land if the Secretary finds the claimant has a foreign parent company that has (including through a subsidiary)— (1) a known record of human rights violations; or (2) knowingly operated an illegal mine in another country. IV Federal land use planning 20401. Federal land use planning and withdrawals (a) Resource assessments required Federal lands and waters may not be withdrawn from entry under the mining laws or operation of the mineral leasing and mineral materials laws unless— (1) a quantitative and qualitative geophysical and geological mineral resource assessment of the impacted area has been completed during the 10-year period ending on the date of such withdrawal; (2) the Secretary, in consultation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of Defense, conducts an assessment of the economic, energy, strategic, and national security value of mineral deposits identified in such mineral resource assessment; (3) the Secretary conducts an assessment of the reduction in future Federal revenues to the Treasury, States, the Land and Water Conservation Fund, the Historic Preservation Fund, and the National Parks and Public Land Legacy Restoration Fund resulting from the proposed mineral withdrawal; (4) the Secretary, in consultation with the Secretary of Defense, conducts an assessment of military readiness and training activities in the proposed withdrawal area; and (5) the Secretary submits a report to the Committees on Natural Resources, Agriculture, Energy and Commerce, and Foreign Affairs of the House of Representatives and the Committees on Energy and Natural Resources, Agriculture, Nutrition, and forestry, and Foreign Affairs of the Senate, that includes the results of the assessments completed pursuant to this subsection. (b) Land use plans Before a resource management plan under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. 16 U.S.C. 1600 et seq. (1) review any quantitative and qualitative mineral resource assessment that was completed or updated during the 10-year period ending on the date that the applicable land management agency publishes a notice to prepare, revise, or amend a land use plan by the Director of the United States Geological Survey for the geographic area affected by the applicable management plan; (2) in consultation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of Defense, conducts an assessment of the economic, energy, strategic, and national security value of mineral deposits identified in such mineral resource assessment; and (3) submit a report to the Committees on Natural Resources, Agriculture, Energy and Commerce, and Foreign Affairs of the House of Representatives and the Committees on Energy and Natural Resources, Agriculture, Nutrition, and Forestry, and Foreign Affairs of the Senate, that includes the results of the assessment completed pursuant to this subsection. (c) New information The Secretary shall provide recommendations to the President on appropriate measures to reduce unnecessary impacts that a withdrawal of Federal lands or waters from entry under the mining laws or operation of the mineral leasing and mineral materials laws may have on mineral exploration, development, and other mineral activities (including authorizing exploration and development of such mineral deposits) not later than 180 days after the Secretary has notice that a resource assessment completed by the Director of the United States Geological Survey, in coordination with the State geological surveys, determines that a previously undiscovered mineral deposit may be present in an area that has been withdrawn from entry under the mining laws or operation of the mineral leasing and mineral materials laws pursuant to— (1) section 204 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1714 (2) chapter 3203 20402. Prohibitions on delay of mineral development of certain Federal land (a) Prohibitions Notwithstanding any other provision of law, the President shall not carry out any action that would pause, restrict, or delay the process for or issuance of any of the following on Federal land, unless such lands are withdrawn from disposition under the mineral leasing laws, including by administrative withdrawal: (1) New oil and gas lease sales, oil and gas leases, drill permits, or associated approvals or authorizations of any kind associated with oil and gas leases. (2) New coal leases (including leases by application in process, renewals, modifications, or expansions of existing leases), permits, approvals, or authorizations. (3) New leases, claims, permits, approvals, or authorizations for development or exploration of minerals. (b) Prohibition on rescission of leases, permits, or claims The President, the Secretary, or Secretary of Agriculture as applicable, may not rescind any existing lease, permit, or claim for the extraction and production of any mineral under the mining laws or mineral leasing and mineral materials laws on National Forest System land or land under the jurisdiction of the Bureau of Land Management, unless specifically authorized by Federal statute, or upon the lessee's, permittee's, or claimant’s failure to comply with any of the provisions of the applicable lease, permit, or claim. (c) Mineral defined In subsection (a)(3), the term mineral Mining Law of 1872 30 U.S.C. 22 et seq. 30 U.S.C. 351 20403. Definitions In this title: (1) Federal land The term Federal land (A) National Forest System land; (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (C) the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 (D) land managed by the Secretary of Energy. (2) President The term President (A) the President; and (B) any designee of the President, including— (i) the Secretary of Agriculture; (ii) the Secretary of Commerce; (iii) the Secretary of Energy; and (iv) the Secretary. (3) Previously undiscovered deposit The term previously undiscovered mineral deposit (A) a mineral deposit that has been previously evaluated by the United States Geological Survey and found to be of low mineral potential, but upon subsequent evaluation is determined by the United States Geological Survey to have significant mineral potential; or (B) a mineral deposit that has not previously been evaluated by the United States Geological Survey. (4) Secretary The term Secretary V Ensuring competitiveness on Federal lands 20501. Incentivizing domestic production (a) Offshore oil and gas royalty rate Section 8(a)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(a)(1) (1) in subparagraph (A), by striking not less than 16 2/3 3/4 An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 2/3 not less than 12.5 percent (2) in subparagraph (C), by striking not less than 16 2/3 3/4 An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 2/3 not less than 12.5 percent (3) in subparagraph (F), by striking not less than 16 2/3 3/4 An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 2/3 not less than 12.5 percent (4) in subparagraph (H), by striking not less than 16 2/3 3/4 An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 2/3 not less than 12.5 percent (b) Mineral leasing act (1) Onshore oil and gas royalty rates Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (A) in subsection (b)(1)(A)— (i) by striking not less than 16 2/3 not less than 12.5 (ii) by striking or, in the case of a lease issued during the 10-year period beginning on the date of enactment of the Act titled An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 2/3 (B) by striking 16 2/3 12.5 percent (2) Oil and gas minimum bid Section 17(b) of the Mineral Leasing Act ( 30 U.S.C. 226(b) (A) in paragraph (1)(B), by striking $10 per acre during the 10-year period beginning on the date of enactment of the Act titled An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 $2 per acre for a period of 2 years from the date of enactment of the Federal Onshore Oil and Gas Leasing Reform Act of 1987. (B) in paragraph (2)(C), by striking $10 per acre $2 per acre (3) Fossil fuel rental rates Section 17(d) of the Mineral Leasing Act ( 30 U.S.C. 226(d) (d) All leases issued under this section, as amended by the Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be conditioned upon payment by the lessee of a rental of not less than $1.50 per acre per year for the first through fifth years of the lease and not less than $2 per acre per year for each year thereafter. A minimum royalty in lieu of rental of not less than the rental which otherwise would be required for that lease year shall be payable at the expiration of each lease year beginning on or after a discovery of oil or gas in paying quantities on the lands leased. . (4) Expression of interest fee Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (5) Elimination of noncompetitive leasing Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (A) in subsection (b)— (i) in paragraph (1)(A)— (I) in the first sentence, by striking paragraph (2) paragraphs (2) and (3) (II) by adding at the end Lands for which no bids are received or for which the highest bid is less than the national minimum acceptable bid shall be offered promptly within 30 days for leasing under subsection (c) of this section and shall remain available for leasing for a period of 2 years after the competitive lease sale. (ii) by adding at the end the following: (3) (A) If the United States held a vested future interest in a mineral estate that, immediately prior to becoming a vested present interest, was subject to a lease under which oil or gas was being produced, or had a well capable of producing, in paying quantities at an annual average production volume per well per day of either not more than 15 barrels per day of oil or condensate, or not more than 60,000 cubic feet of gas, the holder of the lease may elect to continue the lease as a noncompetitive lease under subsection (c)(1). (B) An election under this paragraph is effective— (i) in the case of an interest which vested after January 1, 1990, and on or before October 24, 1992, if the election is made before the date that is 1 year after October 24, 1992; (ii) in the case of an interest which vests within 1 year after October 24, 1992, if the election is made before the date that is 2 years after October 24, 1992; and (iii) in any case other than those described in clause (i) or (ii), if the election is made prior to the interest becoming a vested present interest. ; (B) by striking subsection (c) and inserting the following: (c) Lands subject to leasing under subsection (b); first qualified applicant (1) If the lands to be leased are not leased under subsection (b)(1) of this section or are not subject to competitive leasing under subsection (b)(2) of this section, the person first making application for the lease who is qualified to hold a lease under this chapter shall be entitled to a lease of such lands without competitive bidding, upon payment of a non-refundable application fee of at least $75. A lease under this subsection shall be conditioned upon the payment of a royalty at a rate of 12.5 percent in amount or value of the production removed or sold from the lease. Leases shall be issued within 60 days of the date on which the Secretary identifies the first responsible qualified applicant. (2) (A) Lands (i) which were posted for sale under subsection (b)(1) of this section but for which no bids were received or for which the highest bid was less than the national minimum acceptable bid and (ii) for which, at the end of the period referred to in subsection (b)(1) of this section no lease has been issued and no lease application is pending under paragraph (1) of this subsection, shall again be available for leasing only in accordance with subsection (b)(1) of this section. (B) The land in any lease which is issued under paragraph (1) of this subsection or under subsection (b)(1) of this section which lease terminates, expires, is cancelled or is relinquished shall again be available for leasing only in accordance with subsection (b)(1) of this section. ; and (C) by striking subsection (e) and inserting the following: (e) Primary term Competitive and noncompetitive leases issued under this section shall be for a primary term of 10 years: Provided, however, That competitive leases issued in special tar sand areas shall also be for a primary term of 10 years. Each such lease shall continue so long after its primary term as oil or gas is produced in paying quantities. Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of its primary term and are being diligently prosecuted at that time shall be extended for 2 years and so long thereafter as oil or gas is produced in paying quantities. . (6) Conforming amendments Section 31 of the Mineral Leasing Act ( 30 U.S.C. 188 (A) in subsection (d)(1), by striking section 17(b) subsection (b) or (c) of section 17 of this Act (B) in subsection (e)— (i) in paragraph (2)— (I) by inserting either rentals and (II) by inserting or the inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement that future rentals shall be at a rate not less than $5 per acre per year, all as determined by the Secretary (ii) by amending paragraph (3) to read as follows: (3) (A) payment of back royalties and the inclusion in a reinstated lease issued pursuant to the provisions of section 17(b) of this Act of a requirement for future royalties at a rate of not less than 16 2/3 Provided (B) payment of back royalties and inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement for future royalties at a rate not less than 16 2/3 Provided ; (C) in subsection (f)— (i) in paragraph (1), by striking in the same manner as the original lease issued pursuant to section 17 as a competitive or a noncompetitive oil and gas lease in the same manner as the original lease issued pursuant to subsection (b) or (c) of section 17 of this Act (ii) by redesignating paragraphs (2) and (3) as paragraph (3) and (4), respectively; and (iii) by inserting after paragraph (1) the following: (2) Except as otherwise provided in this section, the issuance of a lease in lieu of an abandoned patented oil placer mining claim shall be treated as a noncompetitive oil and gas lease issued pursuant to section 17(c) of this Act. ; (D) in subsection (g), by striking subsection (d) subsections (d) and (f) (E) by amending subsection (h) to read as follows: (h) Royalty reductions (1) In acting on a petition to issue a noncompetitive oil and gas lease, under subsection (f) of this section or in response to a request filed after issuance of such a lease, or both, the Secretary is authorized to reduce the royalty on such lease if in his judgment it is equitable to do so or the circumstances warrant such relief due to uneconomic or other circumstances which could cause undue hardship or premature termination of production. (2) In acting on a petition for reinstatement pursuant to subsection (d) of this section or in response to a request filed after reinstatement, or both, the Secretary is authorized to reduce the royalty in that reinstated lease on the entire leasehold or any tract or portion thereof segregated for royalty purposes if, in his judgment, there are uneconomic or other circumstances which could cause undue hardship or premature termination of production; or because of any written action of the United States, its agents or employees, which preceded, and was a major consideration in, the lessee's expenditure of funds to develop the property under the lease after the rent had become due and had not been paid; or if in the judgment of the Secretary it is equitable to do so for any reason. ; (F) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (G) by inserting after subsection (e) the following: (f) Issuance of noncompetitive oil and gas lease; conditions Where an unpatented oil placer mining claim validly located prior to February 24, 1920, which has been or is currently producing or is capable of producing oil or gas, has been or is hereafter deemed conclusively abandoned for failure to file timely the required instruments or copies of instruments required by section 314 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744 (1) a petition for issuance of a noncompetitive oil and gas lease, together with the required rental and royalty, including back rental and royalty accruing from the statutory date of abandonment of the oil placer mining claim, being filed with the Secretary (A) with respect to any claim deemed conclusively abandoned on or before January 12, 1983, on or before the 120th day after January 12, 1983, or (B) with respect to any claim deemed conclusively abandoned after January 12, 1983, on or before the 120th day after final notification by the Secretary or a court of competent jurisdiction of the determination of the abandonment of the oil placer mining claim; (2) a valid lease not having been issued affecting any of the lands covered by the abandoned oil placer mining claim prior to the filing of such petition: Provided, however, That after the filing of a petition for issuance of a lease under this subsection, the Secretary shall not issue any new lease affecting any of the lands covered by such abandoned oil placer mining claim for a reasonable period, as determined in accordance with regulations issued by him; (3) a requirement in the lease for payment of rental, including back rentals accruing from the statutory date of abandonment of the oil placer mining claim, of not less than $5 per acre per year; (4) a requirement in the lease for payment of royalty on production removed or sold from the oil placer mining claim, including all royalty on production made subsequent to the statutory date the claim was deemed conclusively abandoned, of not less than 12 1/2 (5) compliance with the notice and reimbursement of costs provisions of paragraph (4) of subsection (e) but addressed to the petition covering the conversion of an abandoned unpatented oil placer mining claim to a noncompetitive oil and gas lease. . VI Energy revenue sharing 20601. Gulf of Mexico outer Continental Shelf revenue (a) Distribution of outer Continental Shelf revenue to Gulf producing States Section 105 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109–432 (1) in subsection (a)— (A) in paragraph (1), by striking 50 37.5 (B) in paragraph (2)— (i) by striking 50 62.5 (ii) in subparagraph (A), by striking 75 80 (iii) in subparagraph (B), by striking 25 20 (2) by striking subsection (f) and inserting the following: (f) Treatment of amounts Amounts disbursed to a Gulf producing State under this section shall be treated as revenue sharing and not as a Federal award or grant for the purposes of part 200 of title 2, Code of Federal Regulations. . (b) Exemption of certain payments from sequestration (1) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) Payments to Social Security Trust Funds (28–0404–0–1–651). Payments to States pursuant to section 105(a)(2)(A) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109–432 . (2) Applicability The amendment made by this subsection 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. 20602. Parity in offshore wind revenue sharing (a) Payments and revenues Section 8(p)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(2) (1) in subparagraph (A), by striking (A) The Secretary (A) In general Subject to subparagraphs (B) and (C), the Secretary ; (2) in subparagraph (B), by striking (B) The Secretary (B) Disposition of revenues for projects located within 3 nautical miles seaward of state submerged land The Secretary ; and (3) by adding at the end the following: (C) Disposition of revenues for offshore wind projects in certain areas (i) Definitions In this subparagraph: (I) Covered offshore wind project The term covered offshore wind project (II) Eligible State The term eligible State (III) Qualified outer Continental Shelf revenues The term qualified outer Continental Shelf revenues (ii) Requirement (I) In general The Secretary of the Treasury shall deposit— (aa) 12.5 percent of qualified outer Continental Shelf revenues in the general fund of the Treasury; (bb) 37.5 percent of qualified outer Continental Shelf revenues in the North American Wetlands Conservation Fund; and (cc) 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury from which the Secretary shall disburse to each eligible State an amount determined pursuant to subclause (II). (II) Allocation (aa) In general Subject to item (bb), for each fiscal year beginning after the date of enactment of this subparagraph, the amount made available under subclause (I)(cc) shall be allocated to each eligible State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each eligible State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. (bb) Minimum Allocation The amount allocated to an eligible State each fiscal year under item (aa) shall be at least 10 percent of the amounts made available under subclause (I)(cc). (cc) Payments to Coastal Political Subdivisions (AA) In general The Secretary shall pay 20 percent of the allocable share of each eligible State, as determined pursuant to item (aa), to the coastal political subdivisions of the eligible State. (BB) Allocation The amount paid by the Secretary to coastal political subdivisions under subitem (AA) shall be allocated to each coastal political subdivision in accordance with subparagraphs (B) and (C) of section 31(b)(4) of this Act. (iii) Timing The amounts required to be deposited under subclause (I) of clause (ii) for the applicable fiscal year shall be made available in accordance with such subclause during the fiscal year immediately following the applicable fiscal year. (iv) Authorized uses (I) In general Subject to subclause (II), each eligible State shall use all amounts received under clause (ii)(II) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes: (aa) Projects and activities for the purposes of coastal protection and resiliency, including conservation, coastal restoration, estuary management, beach nourishment, hurricane and flood protection, and infrastructure directly affected by coastal wetland losses. (bb) Mitigation of damage to fish, wildlife, or natural resources, including through fisheries science and research. (cc) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan. (dd) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. (ee) Planning assistance and the administrative costs of complying with this section. (ff) Infrastructure improvements at ports, including modifications to Federal navigation channels, to support installation of offshore wind energy projects. (II) Limitation Of the amounts received by an eligible State under clause (ii)(II), not more than 3 percent shall be used for the purposes described in subclause (I)(ee). (v) Administration Subject to clause (vi)(III), amounts made available under items (aa) and (cc) of clause (ii)(I) shall— (I) be made available, without further appropriation, in accordance with this subparagraph; (II) remain available until expended; and (III) be in addition to any amount appropriated under any other Act. (vi) Reporting requirement (I) In general Not later than 180 days after the end of each fiscal year, the Governor of each eligible State that receives amounts under clause (ii)(II) for the applicable fiscal year shall submit to the Secretary a report that describes the use of the amounts by the eligible State during the period covered by the report. (II) Public availability On receipt of a report submitted under subclause (I), the Secretary shall make the report available to the public on the website of the Department of the Interior. (III) Limitation If the Governor of an eligible State that receives amounts under clause (ii)(II) fails to submit the report required under subclause (I) by the deadline specified in that subclause, any amounts that would otherwise be provided to the eligible State under clause (ii)(II) for the succeeding fiscal year shall be deposited in the Treasury. (vii) Treatment of amounts Amounts disbursed to an eligible State under this subsection shall be treated as revenue sharing and not as a Federal award or grant for the purposes of part 200 of title 2, Code of Federal Regulations. . (b) Wind lease sales for areas of the outer Continental Shelf offshore of territories of the United States Section 33 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356c (b) Wind lease sale procedure Any wind lease granted pursuant to this section shall be considered a wind lease granted under section 8(p), including for purposes of the disposition of revenues pursuant to subparagraphs (B) and (C) of section 8(p)(2). . (c) Exemption of certain payments from sequestration (1) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) Payments to Social Security Trust Funds (28–0404–0–1–651). Payments to States pursuant to subparagraph (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(2) . (2) Applicability The amendment made by this subsection 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. 20603. Elimination of administrative fee under the Mineral Leasing Act (a) In general Section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 (1) in subsection (a), in the first sentence, by striking and, subject to the provisions of subsection (b), (2) by striking subsection (b); (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (4) in paragraph (3)(B)(ii) of subsection (b) (as so redesignated), by striking subsection (d) subsection (c) (5) in paragraph (3)(A)(ii) of subsection (c) (as so redesignated), by striking subsection (c)(2)(B) subsection (b)(2)(B) (b) Conforming amendments (1) Section 6(a) of the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 355(a) (A) in the first sentence, by striking Subject to the provisions of section 35(b) of the Mineral Leasing Act ( 30 U.S.C. 191(b) All (B) in the second sentence, by striking of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 191 of the Mineral Leasing Act ( 30 U.S.C. 191 (2) Section 20(a) of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1019(a) the provisions of subsection (b) of section 35 of the Mineral Leasing Act ( 30 U.S.C. 191(b) section 5(a)(2) (3) Section 205(f) of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1735(f) (A) in the first sentence, by striking this Section this section (B) by striking the fourth, fifth, and sixth sentences. C Water quality certification and energy project improvement 30001. Short title; table of contents (a) Short title This division may be cited as the Water Quality Certification and Energy Project Improvement Act of 2023 (b) Table of contents The table of contents of this division is as follows: Division C—Water quality certification and energy project improvement Sec. 30001. Short title; table of contents. Sec. 30002. Certification. 30002. Certification Section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 (1) in subsection (a)— (A) in paragraph (1)— (i) in the first sentence, by striking may result may directly result (ii) in the second sentence, by striking activity discharge (iii) in the third sentence, by striking applications requests (iv) in the fifth sentence, by striking act on grant or deny (v) by inserting after the fourth sentence the following: Not later than 30 days after the date of enactment of the Water Quality Certification and Energy Project Improvement Act of 2023 (B) in paragraph (2)— (i) in the second sentence, by striking notice of application for such Federal license or permit receipt of a notice under the preceding sentence (ii) in the third sentence, by striking any water quality requirement any applicable provision of section 301, 302, 303, 306, or 307 (iii) in the fifth sentence, by striking insure compliance with applicable water quality requirements. ensure compliance with the applicable provisions of sections 301, 302, 303, 306, and 307. (iv) in the final sentence, by striking insure ensure (v) by striking the first sentence and inserting On receipt of a request for certification, the certifying State or interstate agency, as applicable, shall immediately notify the Administrator of the request. (C) in paragraph (3), in the second sentence, by striking section any applicable provision of section (D) in paragraph (4)— (i) in the first sentence, by striking assuring that applicable effluent limitations or other limitations or other applicable water quality requirements will not be violated ensuring that no applicable provision of section 301, 302, 303, 306, or 307 will be violated (ii) in the second sentence, by striking will violate applicable effluent limitations or other limitations or other water quality requirements will directly result in a discharge that violates an applicable provision of section 301, 302, 303, 306, or 307, (iii) in the third sentence, by striking such facility or activity will not violate the applicable provisions operation of such facility or activity will not directly result in a discharge that violates any applicable provision (E) in paragraph (5), by striking the applicable provisions any applicable provision (2) in subsection (d), by striking any applicable effluent limitations and other limitations, under section 301 or 302 of this Act, standard of performance under section 306 of this Act, or prohibition, effluent standard, or pretreatment standard under section 307 of this Act, and with any other appropriate requirement of State law set forth in such certification, and the applicable provisions of sections 301, 302, 303, 306, and 307, and any such limitations or requirements (3) by adding at the end the following: (e) For purposes of this section, the applicable provisions of sections 301, 302, 303, 306, and 307 are any applicable effluent limitations and other limitations under section 301 or 302, standard of performance under section 306, prohibition, effluent standard, or pretreatment standard under section 307, and requirement of State law implementing water quality criteria under section 303 necessary to support the designated use or uses of the receiving navigable waters. .

Lower Energy Costs Act

Puerto Rico Nutrition Assistance Fairness Act of 2023 This bill sets out a process to enable Puerto Rico to participate as a state in the Supplemental Nutrition Assistance Program (SNAP). Under current law, a state receives SNAP funding based on the number of participating households in the state whereas Puerto Rico receives a block grant to fund its nutrition assistance program. The bill requires Puerto Rico to submit to the Department of Agriculture (USDA) a plan of operation to transition away from the consolidated block grant program to SNAP. USDA must provide appropriate training and technical assistance to enable Puerto Rico to formulate such plan.

96 S949 IS: Puerto Rico Nutrition Assistance Fairness Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 949 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mrs. Gillibrand Mr. Booker Ms. Warren Mr. Sanders Mr. Fetterman Mr. Menendez Mr. Blumenthal Mr. Schumer Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to transition the Commonwealth of Puerto Rico to the supplemental nutrition assistance program, and for other purposes. 1. Short title This Act may be cited as the Puerto Rico Nutrition Assistance Fairness Act of 2023 2. Amendments to the Food and Nutrition Act of 2008 (a) Definitions Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 (1) in subsection (r) by inserting Puerto Rico, Guam, (2) in subsection (u)(2) by inserting , Puerto Rico, Hawaii (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (1) in subsection (b) by inserting Puerto Rico, Guam, (2) in subsection (c)(1) by striking and Guam Guam, and Puerto Rico (3) in subsection (e)— (A) in paragraph (1)(A) by inserting Puerto Rico, Hawaii, (B) in paragraph (6)(B) by inserting Puerto Rico, Guam, 3. Submission of plan of operation; technical assistance; determination and certification by Secretary of Agriculture (a) Submission of plan of operation On designating an agency of the kind described in section 3(s)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(s)(1) Secretary 7 U.S.C. 2013(a) 7 U.S.C. 2011 et seq. (b) Technical assistance Within the 60-day period specified in subsection (a) and upon request from the Commonwealth of Puerto Rico, the Secretary shall provide appropriate training and technical assistance to enable the Commonwealth of Puerto Rico to formulate a plan of operation described in subsection (a). (c) Determination by the Secretary of Agriculture Not later than 180 days after receiving a plan of operation described in subsection (a), the Secretary shall approve if such plan satisfies the requirements for a supplemental nutrition assistance program State plan in accordance with subsections (d) and (e) of section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 (d) Certification by the Secretary of Agriculture If the Secretary approves the plan submitted by the Commonwealth of Puerto Rico under subsection (a), the Secretary shall submit to the Congress, not later than 60 days thereafter, a certification that the Commonwealth of Puerto Rico qualifies to participate in the supplemental nutrition assistance program as a State as defined in section 3(r) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(r) 4. Transition from the consolidated block grant for Puerto Rico (a) Covered period The Secretary may continue to implement the then most recent approved consolidated block grant specified in section 19(b)(1)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028(b)(1)(A) (b) Report For each year a plan is continued under subsection (a), the Secretary shall submit to the Congress an annual report on the operation of such plan. The Secretary shall include in such report information related to increases in funding that are required to accommodate the transition of the Commonwealth of Puerto Rico from the receipt of block grant payments to the implementation of supplemental nutrition assistance program. 5. Consolidated block grant for Puerto Rico and American Samoa Section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 (1) in subsection (a)— (A) in paragraph (1)(A) by inserting until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 (A) (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i) by striking and (II) in clause (ii)— (aa) by inserting , until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 thereafter (bb) by striking the period at the end and inserting ; and (cc) by adding at the end the following: (iii) subject to the availability of appropriations under section 18(a), for each fiscal year beginning after the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 , (ii) in subparagraph (B)(i) by inserting until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 thereafter (iii) in subparagraph (C)— (I) by striking For (i) For , (II) by inserting until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 thereafter (III) by adding at the end, the following: (ii) For each fiscal year beginning after the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 Public Law 96–597 48 U.S.C. 1469d(c) , and (C) in paragraph (3) by striking year, year, until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 year (2) in subsection (b)(1)(A) by inserting until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 year 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary until the end of the period described in section 4(a). 7. Effective dates (a) In general Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Effective date of amendments The amendments made by this Act shall take effect on October 1 of the 1st fiscal year that begins 1 year after the Secretary submits to Congress the certification described in section 3(d).

Puerto Rico Nutrition Assistance Fairness Act of 2023

Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2023 This bill authorizes deposit of specified interest payments into the Shoshone-Paiute Tribes Water Rights Development Fund. This fund was established in 2009 under the water rights settlement agreement for the Shoshone-Paiute Tribes of the Duck Valley Reservation.

111 S950 ES: Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement 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. 950 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the water rights settlement for the Shoshone-Paiute Tribes of the Duck Valley Reservation, and for other purposes. 1. Short title This Act may be cited as the Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2023 2. Authorization of payment of adjusted interest on Development Fund Section 10807(b)(3) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (1) by striking There is (A) In general There is ; and (2) by adding at the end the following: (B) Adjusted interest payments There is authorized to be appropriated to the Secretary for deposit into the Development Fund $5,124,902.12. . Passed the Senate December 18, 2023. Secretary

Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2023

Office of Gun Violence Prevention Act of 2023 This bill establishes an Office of Gun Violence Prevention within the Department of Justice's Office of Legal Policy. Among its duties, the office must coordinate various gun violence prevention efforts that are administered by the Department of Justice, recommend policy options to promote evidence-based gun violence prevention strategies, and promote related data collection.

118 S951 IS: Office of Gun Violence Prevention Act of 2023 U.S. Senate 2023-03-22 text/xml EN Pursuant to Title 17 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. 951 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mr. Murphy Mr. Blumenthal Committee on the Judiciary A BILL To establish the Office of Gun Violence Prevention, and for other purposes. 1. Short title This Act may be cited as the Office of Gun Violence Prevention Act of 2023 2. Definitions In this Act: (1) Advisory Council The term Advisory Council (2) Director The term Director (3) Gun violence The term gun violence (4) Office The term Office 3. Office of Gun Violence Prevention (a) Establishment (1) In general The Attorney General shall establish within the Office of Legal Policy of the Department of Justice the Office of Gun Violence Prevention. (2) Director The Attorney General shall appoint a Director to be the head of the Office. (b) Duties (1) In general The Director, in consultation with the Advisory Council, shall coordinate, integrate, and maximize the efficacy of each responsibility, program, and service relating to gun violence prevention administered by the Attorney General to maximize an integrated approach to reducing gun violence and serving victims of gun violence, including— (A) the responsibilities of the heads of the Criminal and Civil Divisions of the Department of Justice, the Director of the Office of Community Oriented Policing Services, each United States Attorney, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Director of the Office on Violence Against Women, the Director of the Office of Victims of Crime, and the Director of the Office of Justice Programs; and (B) the administration of the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 (2) Evaluation The Director, in consultation with the Advisory Council, shall evaluate laws, regulations, Federal programs, offices, data sources, and grant programs relating to gun violence prevention administered by the Attorney General to assess how each such law, regulation, Federal program, office, data source, and grant program can be maximized, modernized, and coordinated to reduce gun violence. (3) Policy recommendations The Director shall recommend to Congress and the President legislative and executive policy options to promote evidence-based gun violence prevention strategies, including the implementation of existing laws, regulations, and grant programs. (4) Data The Director, in consultation with the Advisory Council, shall— (A) identify gaps in available data needed for gun violence prevention research, policy development, and the implementation of evidence-based gun violence prevention strategies; and (B) develop a plan to collect and analyze the data described in subparagraph (A). (5) Assessment The Director, in consultation with the Advisory Council, shall assess ongoing research efforts of the Department of Justice relating to gun violence to establish a comprehensive research agenda on the causes and solutions of gun violence. (6) Education The Director, in consultation with the Advisory Council, shall educate the general public about Federal laws, regulations, and grant programs relating to gun violence prevention, including by conducting education and awareness campaigns— (A) directed at— (i) owners of firearms; (ii) parents and legal guardians of minors; and (iii) professionals who provide services to individuals and communities disproportionately impacted by gun violence; and (B) that include education relating to the secure storage or firearms and suicide prevention. (7) Coordination In carrying out the duties under this subsection, the Director shall coordinate with Federal agencies and commissions that have jurisdiction over gun violence prevention, including— (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Department of Education; (D) the Department of Housing and Urban Development; (E) the Department of Commerce; (F) the Department of Homeland Security; (G) the Department of Defense; (H) the Department of the Interior; (I) the Consumer Product Safety Commission; (J) the Federal Trade Commission; and (K) the United States Sentencing Commission. (8) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall submit to Congress a report that includes— (A) information on the state of gun violence in the United States; (B) recommendations for policy initiatives and legislation to reduce gun violence in the United States; and (C) a description of the efforts of the Director to carry out the duties under this subsection. (c) Advisory council (1) In general Not later than 180 days after the date of enactment of this Act, and not less frequently than quarterly thereafter, the Attorney General shall convene an advisory council— (A) chaired by the Director; and (B) the membership of which includes the following individuals or a designee of the individual: (i) The Deputy Attorney General. (ii) The Associate Attorney General. (iii) The Assistant Attorney General for the Office of Legal Policy. (iv) The Assistant Attorney General for the Office of Justice Programs. (v) The Assistant Attorney General for the Criminal Division. (vi) The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. (vii) The Director of the Federal Bureau of Investigation. (viii) The Director of the Bureau of Justice Assistance. (ix) The Director of the Office on Violence Against Women. (x) The Director of the Office of Victims of Crime. (xi) The Director of the Bureau of Justice Statistics. (xii) The Director of the National Institute of Justice. (2) Additional members (A) In general The Director shall make every reasonable effort to include as members of the Advisory Council not fewer than 12 additional individuals. (B) Representatives The additional members described in subparagraph (A) shall include not fewer than 1— (i) survivor of gun violence; (ii) community violence intervention service provider; (iii) public health official; (iv) medical professional who provides trauma care; (v) mental health clinician; (vi) official from a department of justice of a State; (vii) State or local public health department official; (viii) teacher; (ix) member of a student group; and (x) veteran. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.

Office of Gun Violence Prevention Act of 2023

Rural Health Innovation Act of 2023 This bill establishes two grant programs to increase access to emergency care in rural areas. The Federal Office of Rural Health Policy within the Health Resources and Services Administration must manage these programs. First, the office must provide grants to federally qualified health centers and rural health clinics to enhance the provision of walk-in urgent care, triage, and other emergency services in rural areas. Second, the office must provide grants to health departments in rural areas for emergency services (including triage and transport to emergency departments), primary care services, and similar services provided by emergency departments. Recipients of these grants may use funds for staffing, equipment, and other necessary expenses to provide emergency services.

118 S953 IS: Rural Health Innovation Act of 2023 U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 953 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mrs. Blackburn Mr. Hickenlooper Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish a rural health center innovation awards program and a rural health department enhancement program, and for other purposes. 1. Short title This Act may be cited as the Rural Health Innovation Act of 2023 2. Rural health center innovation awards program Subpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. 330Q. Rural health center innovation awards program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) is a Federally qualified health center; (B) is a rural health clinic; or (C) agrees (as a condition of receiving a grant under this section) to establish such a center or clinic, including a hospital that agrees (as such a condition) to convert to a Federally qualified health center or rural health clinic. (2) Federally qualified health center The term Federally qualified health center (3) Rural area The term rural area (4) Rural health clinic The term rural health clinic (b) Establishment (1) In general The Secretary, acting through the Director of the Office of Rural Health Policy of the Health Resources and Services Administration, shall establish a grant program to be known as the Rural Health Center Innovation Awards program (A) serves individuals in a rural area as a walk-in urgent care center and as a triage center or staging facility for necessary air or ambulance transport to an emergency department; and (B) includes— (i) professional clinical staff, including physicians, physician interns, residents, nurse practitioners, physician assistants, nurse midwives, or other health care providers providing walk-in urgent care and emergency triage; and (ii) resources, including laboratories, x-ray machines, and cardiac monitors. (2) Permissible uses of funds The funds of a grant awarded under this section may be used to— (A) expand the hours of operation of a Federally qualified health center or rural health clinic; (B) pay for the costs of construction and renovation of a Federally qualified health center or rural health clinic; or (C) carry out any other activity for the purposes described in paragraph (1). (c) Applications and selection (1) In general An eligible entity seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Start up centers and clinics An application submitted under paragraph (1) by an eligible entity that is not a Federally qualified health center, or a rural health clinic, on the date on which the entity submits the application under paragraph (1) shall include in such application a demonstration of the costs of the equipment and staffing needed to establish the center or clinic. (3) Consideration of overlap In the case an eligible entity submits an application under paragraph (1) that proposes to serve an area that is served by another eligible entity through a grant under this section, the Secretary may consider whether an award to the eligible entity serving such same area can be justified based on the unmet need for additional services in such area. (4) Priority In selecting recipients of grants under this section, the Secretary shall give priority to an eligible entity that is operating as a Federally qualified health center, or a rural health clinic, on the date on which the entity submits the application under paragraph (1). (d) Grant period and amounts (1) Period Each grant awarded under this section shall be for a period of 5 years. (2) Amount (A) In general A grant awarded under this section to an eligible entity shall not exceed— (i) for the first year of the grant— (I) $500,000 if the entity is a Federally qualified health center, or a rural health clinic, on the date on which the award is made; and (II) $750,000 if the entity is using the grant to establish a Federally qualified health center or a rural health clinic; and (ii) for each of the second through fifth years of the grant, $500,000. (B) Considerations In determining the amount of a grant under this section for an eligible entity for each year after the first year in which the grant is awarded, the Secretary shall, subject to subparagraph (A)(ii), consider the number of patients treated, and the type of treatment provided, by the entity in the prior year. (e) Reporting (1) In general Not later than 3 years after the date of enactment of this section, the Secretary shall report to the committees described in paragraph (2) on the grant program under this section, including— (A) an assessment of the success of the program, challenges with respect to the program, and any action for regulatory flexibility or legislative authority needed to improve the program; (B) any savings to Federal health care programs; (C) any increase in access to care; and (D) any increase in utilization of health services in rural areas. (2) Committees The committees described in this paragraph are— (A) the Committee on Health, Education, Labor, and Pensions, and the Committee on Finance, of the Senate; and (B) the Committee on Energy and Commerce, and the Committee on Ways and Means, of the House of Representatives. (f) Rule of construction No entity receiving a grant under this section shall lose status as a Federally qualified health center, or a rural health clinic, on account of carrying out any activities under this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028. . 3. Rural health department enhancement program Subpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. 330R. Rural health department enhancement program (a) Definitions In this section: (1) Rural area The term rural area (2) Rural health department The term rural health department (b) Establishment The Secretary, acting through the Director of the Office of Rural Health Policy of the Health Resources and Services Administration, shall award grants, on a competitive basis, to rural health departments that submit an application in accordance with subsection (c) to enhance such departments and enable them to provide individuals in rural areas with emergency services, triage and transport to emergency departments, primary care services, and other services similar to services provided by emergency departments. (c) Applications A rural health department 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, including— (1) an indication of the estimated cost of the equipment and staffing needed by the department for the first year of the award to set up the activities and services under this section; (2) a demonstration that the department has, on the date on which the application is submitted, a facility operating that is located in a rural area; and (3) a demonstration that, on the date on which the application is submitted, the department— (A) has a nursing staff and medical equipment; and (B) agrees to use such staff and equipment towards providing the services and carrying out the activities under this section. (d) Grants (1) Annual awards The funds awarded through a grant under this section to a rural health department shall be awarded on an annual basis for each of 5 years. (2) Maximum amounts The funds awarded through a grant under this section to a rural health department shall be in an amount that for a year does not exceed $500,000. (3) Considerations The Secretary shall determine the amount awarded to a rural health department through a grant under this section for a year in accordance with the following: (A) For the first year of the award, the amount shall be based on the amount the rural health department estimates for the cost of equipment and staffing needed to set up the activities and services supported under this section, as specified in the application under subsection (c). (B) For the second through fifth years of the award, the amount shall be based on the number of patients treated, and the type of treatment provided, by the department in the prior year. (e) Use of funds (1) In general A rural health department receiving a grant under this section shall use the funds awarded through the grant to provide the services and carry out the activities described in subsection (b) at a facility that is located in a rural area, including by— (A) obtaining additional medical equipment and resources necessary for providing the services and activities described in subsection (b), such as laboratories, x-ray machines, and cardiac monitors; (B) hiring additional providers to provide the services and carry out the activities described in subsection (b), such as physician interns, residents, nurse practitioners, physician assistants, and nurse midwives, which hiring may be through a partnership described in paragraph (2)(A); and (C) providing outreach to the community regarding the services and activities of the rural health department as supported under this section. (2) Limitations (A) Partnerships Not more than 3 percent of the funds awarded through a grant under this section for a year may be used towards the rural health department entering into a partnership with an academic medical center to assist with the hiring described in paragraph (1)(B). (B) Community outreach For each of the first 2 years of a grant awarded under this section, not more than 3 percent of the funds may be used by the rural health department receiving the grant for the outreach described in paragraph (1)(C). (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028. .

Rural Health Innovation Act of 2023

Affordable Insulin Now Act of 2023 This bill limits cost-sharing for insulin under private health insurance and establishes a program to provide insulin to individuals without insurance. Specifically, the bill caps cost-sharing under private health insurance for a month's supply of selected insulin products at $35 or 25% of a plan's negotiated price (after any price concessions), whichever is less, beginning in 2024. Further, the Department of Health and Human Services (HHS) must enter into agreements with pharmacies or health care providers to provide insulin to individuals without insurance. HHS must pay such pharmacies or providers an amount equal to the difference between the out-of-pocket cost to the individual for a 30-day supply of such insulin products and $35.

118 S954 IS: Affordable Insulin Now Act of 2023 U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 954 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Warnock Mr. Kennedy Committee on Health, Education, Labor, and Pensions A BILL To provide for appropriate cost-sharing for insulin products covered under private health plans, and to establish a program to support health care providers and pharmacies in providing discounted insulin products to uninsured individuals. 1. Short title This Act may be cited as the Affordable Insulin Now Act of 2023 2. Appropriate cost-sharing for insulin products covered under private health plans (a) In general Part D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. 2799A–11. Requirements with respect to cost-sharing for certain insulin products (a) In general For plan years beginning on or after January 1, 2024, a group health plan or health insurance issuer offering group or individual health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not— (1) apply any deductible; or (2) impose any cost-sharing in excess of the lesser of, per 30-day supply— (A) $35; or (B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage, including price concessions received by or on behalf of third-party entities providing services to the plan or coverage, such as pharmacy benefit management services. (b) Definitions In this section: (1) Selected insulin products The term selected insulin products (2) Insulin defined The term insulin (c) Out-of-Network providers Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. (d) Rule of construction Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. (e) Application of cost-Sharing towards deductibles and out-of-Pocket maximums Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage. . (b) No effect on other cost-Sharing Section 1302(d)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(d)(2) (D) Special rule relating to insulin coverage The exemption of coverage of selected insulin products (as defined in section 2799A–11(b) of the Public Health Service Act) from the application of any deductible pursuant to section 2799A–11(a)(1) of such Act, section 726(a)(1) of the Employee Retirement Income Security Act of 1974, or section 9826(a)(1) . (c) Coverage of certain insulin products under catastrophic plans Section 1302(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(e) (4) Coverage of certain insulin products (A) In general Notwithstanding paragraph (1)(B)(i), a health plan described in paragraph (1) shall provide coverage of selected insulin products, in accordance with section 2799A–11 of the Public Health Service Act, before an enrolled individual has incurred, during the plan year, cost-sharing expenses in an amount equal to the annual limitation in effect under subsection (c)(1) for the plan year. (B) Terminology For purposes of subparagraph (A)— (i) the term selected insulin products (ii) the requirements of section 2799A–11 of such Act shall be applied by deeming each reference in such section to individual health insurance coverage . (d) ERISA (1) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. 726. Requirements with respect to cost-sharing for certain insulin products (a) In general For plan years beginning on or after January 1, 2024, a group health plan or health insurance issuer offering group health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not— (1) apply any deductible; or (2) impose any cost-sharing in excess of the lesser of, per 30-day supply— (A) $35; or (B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage, including price concessions received by or on behalf of third-party entities providing services to the plan or coverage, such as pharmacy benefit management services. (b) Definitions In this section: (1) Selected insulin products The term selected insulin products (2) Insulin defined The term insulin 42 U.S.C. 262 (c) Out-of-Network providers Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. (d) Rule of construction Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. (e) Application of cost-Sharing towards deductibles and out-of-Pocket maximums Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage. . (2) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. Sec. 726. Requirements with respect to cost-sharing for certain insulin products. . (e) Internal Revenue Code (1) In general Subchapter B of chapter 100 9826. Requirements with respect to cost-sharing for certain insulin products (a) In general For plan years beginning on or after January 1, 2024, a group health plan shall provide coverage of selected insulin products, and with respect to such products, shall not— (1) apply any deductible; or (2) impose any cost-sharing in excess of the lesser of, per 30-day supply— (A) $35; or (B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan, including price concessions received by or on behalf of third-party entities providing services to the plan, such as pharmacy benefit management services. (b) Definitions In this section: (1) Selected insulin products The term selected insulin products (2) Insulin defined The term insulin 42 U.S.C. 262 (c) Out-of-Network providers Nothing in this section requires a plan that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. (d) Rule of construction Subsection (a) shall not be construed to require coverage of, or prevent a group health plan from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. (e) Application of cost-Sharing towards deductibles and out-of-Pocket maximums Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan. . (2) Clerical amendment The table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: Sec. 9826. Requirements with respect to cost-sharing for certain insulin products. . (f) Implementation The Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury may implement the provisions of, including the amendments made by, this subsection through sub-regulatory guidance, program instruction or otherwise. 3. Reimbursement for insulin furnished to uninsured individuals (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary (b) Payment The Secretary shall pay to each qualifying entity with an agreement in effect under this section, with respect to each 30-day supply of insulin products furnished to an uninsured individual by such entity on or after January 1, 2024, an amount equal to the difference between the out-of-pocket cost to the individual for a 30-day supply of such insulin products and $35. (c) Definitions In this section: (1) Insulin product The term insulin product insulin (2) Qualifying entity The term qualifying entity (A) agrees, with respect to an insulin product furnished by such provider or pharmacy to an uninsured individual after January 1, 2024, for which payment is made by the Secretary under this section, not to hold such individual liable for any payment amount for such product; and (B) meets such other standards and requirements as may be determined appropriate by the Secretary. (3) Specified health plan The term specified health plan 42 U.S.C. 1320a–7b chapter 89 42 U.S.C. 300gg–91 (4) Uninsured individual The term uninsured individual 4. Sense of Congress It is the sense of Congress that subsequent legislation should be enacted by Congress that provides for an offset for any costs to the Federal Government resulting from the enactment of this Act.

Affordable Insulin Now Act of 2023

Health Care Fairness for Military Families Act of 2023 This bill modifies the extension of dependent coverage under TRICARE by allowing a dependent under the age of 26 to be covered without an additional premium. Additionally, the bill authorizes such coverage of dependents without an additional premium regardless of whether they are eligible to enroll in an employer-sponsored plan.

118 S956 IS: Health Care Fairness for Military Families Act of 2023 U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 956 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Kelly Mr. Tester Ms. Murkowski Ms. Warren Committee on Armed Services A BILL To amend title 10, United States Code, to improve dependent coverage under the TRICARE Young Adult Program. 1. Short title This Act may be cited as the Health Care Fairness for Military Families Act of 2023 2. Improvements to dependent coverage under TRICARE Young Adult Program (a) Expansion of eligibility Subsection (b) of section 1110b of title 10, United States Code, is amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (b) Elimination of separate premium for a young adult Such section is further amended by striking subsection (c). (c) Conforming amendment Section 1075(c)(3) of such title is amended by striking section 1076d, 1076e, or 1110b section 1076d or 1076e

Health Care Fairness for Military Families Act of 2023

American Economic Diplomacy Act This bill requires the President to include additional information in the annual report to Congress on the trade agreements program and the national trade policy agenda. Specifically, the report must include a statement of how U.S. trade policy supports and advances the objectives of the President's National Security Strategy and the Department of Defense's National Defense Strategy.

118 S958 IS: American Economic Diplomacy Act U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 958 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Lankford Mr. Menendez Committee on Finance A BILL To amend the Trade Act of 1974 to modify the requirements for the annual report on the trade agreements program and the national trade policy agenda to include an assessment of impacts on the national defense strategy and the national security strategy of the United States, and for other purposes. 1. Short title This Act may be cited as the American Economic Diplomacy Act 2. Modification to annual report on trade agreements program and national trade policy agenda Section 163(a)(3)(A) of the Trade Act of 1974 ( 19 U.S.C. 2213(a)(3)(A) (1) by redesignating clause (iv) as clause (v); (2) in clause (iii), by striking and (3) by inserting after clause (iii) the following: (iv) how such objectives and priorities support and advance the objectives of— (I) the national defense strategy under 113(g) of title 10, United States Code; and (II) the national security strategy of the United States under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 .

American Economic Diplomacy Act

Stopping Traffickers and Their Accomplices Act of 2023 This bill requires an abortion provider to notify the National Human Trafficking Hotline if the provider has a reasonable suspicion that a patient is a victim of trafficking. It also requires each abortion provider to require its employees to complete annual training on how to identify and respond appropriately to individuals who are at risk of or who have experienced trafficking. The bill establishes penalties for violations.

118 S959 IS: Stopping Traffickers and Their Accomplices Act of 2023 U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 959 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Budd Mr. Scott of Florida Mr. Marshall Mr. Risch Mr. Rubio Mr. Lankford Mrs. Hyde-Smith Mr. Hawley Committee on the Judiciary A BILL To amend the Justice for Victims of Trafficking Act of 2015 to require abortion providers to notify the National Human Trafficking Hotline of victims of trafficking, and for other purposes. 1. Short title This Act may be cited as the Stopping Traffickers and Their Accomplices Act of 2023 2. Findings Congress finds the following: (1) Slavery and involuntary servitude are incompatible with the society and law of the United States. (2) The 13th Amendment to the Constitution of the United States abolished legal slavery and involuntary servitude in the United States. (3) Despite slavery being abolished in 1865, modern forms of slavery still exist throughout the United States. (4) Every year, hundreds of thousands of people of the United States and immigrants are coerced into commercial sex acts against their will. (5) In addition to sexual exploitation, victims of trafficking suffer repeated physical, mental, and emotional abuse at the hands of their traffickers. (6) Abortion providers and facilities aid sex traffickers by turning a blind eye to the plight of abused women. (7) The Department of State’s 2017 Trafficking in Persons Report indicated that sex traffickers coerce women into receiving abortions against their will. (8) Research conducted by Laura J. Lederer and Christopher A. Wetzel entitled The Health Consequences of Sex Trafficking and Their Implications for Identifying Victims in Healthcare Facilities (9) Lederer and Wetzel’s research found that almost a third of trafficked women reported undergoing numerous abortions as victims of trafficking. More than half of respondents answered that their abortion while a victim of sex trafficking was a result of coercion. One victim of sex trafficking recounted, [in most of my 6 abortions], I was under serious pressure from my pimps to abort the babies (10) A moral obligation exists to report suspected instances of sex trafficking to authorities. (11) Section 2 of the 13th Amendment to the Constitution of the United States empowers Congress to enact appropriate legislation to combat all forms of slavery and involuntary servitude, including forced sex trafficking. 3. Combat human trafficking Section 114 of the Justice for Victims of Trafficking Act of 2015 ( 34 U.S.C. 20709 (g) National human trafficking hotline notification by abortion providers (1) Definitions In this subsection: (A) Abortion provider The term abortion provider (B) Victim of trafficking The term victim of trafficking 22 U.S.C. 7102 (2) Requirement (A) Notification to National Human Trafficking Hotline Not later than 24 hours after consulting with a patient, an abortion provider shall notify the National Human Trafficking Hotline if the provider has a reasonable suspicion that the patient is a victim of trafficking. (B) Report to attorney general and local law enforcement (i) Notification to Attorney General Not later than 24 hours after an abortion provider notifies the national human trafficking hotline under subparagraph (A), the Secretary of Health and Human Services shall notify the Attorney General of the notification. (ii) Notification to law enforcement agencies Not later than 24 hours after receipt of a notification from the Secretary of Health and Human Services under clause (i), the Attorney General shall notify the appropriate State and local law enforcement agencies. (C) Penalty An abortion provider who violates subparagraph (A) shall be fined $10,000 for each violation, imprisoned not more than 6 months, or both. (3) Training (A) Availability The Secretary of Health and Human Services shall make available to abortion providers the training entitled Foundational (101) Human Trafficking Trainings—SOAR For Health Care (B) Requirement On an annual basis and not later than January 30 of each year, each abortion provider shall— (i) require each employee of the abortion provider to complete the training provided under subparagraph (A); (ii) submit to the Director of the Office on Trafficking in Persons of the Department of Health and Human Services a certification of the completion of the training required under clause (i); and (iii) include in the certification required under clause (ii) the protocols that the abortion provider has in place to identify and assist victims of trafficking. (C) Penalty An abortion provider who fails to comply with subparagraph (B) shall be subject to a fine in an amount of $1,000 for each day of noncompliance. (4) State enforcement (A) In general In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by an action of an abortion provider that violates this subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States. (B) Jurisdiction The attorney general of a State may bring a civil action under subparagraph (A) against any abortion provider that violates paragraph (2)(A) or (3)(B) within that State. (C) Relief In a civil action under subparagraph (A), the court may fine an abortion provider— (i) in the case of a violation of paragraph (2)(A), $10,000 for each violation; and (ii) in the case of a violation of paragraph (3)(B), $1,000 for each day during which the abortion provider is in violation of that paragraph. (5) Rules of construction (A) No requirement for victims of trafficking to self-report Nothing in this subsection may be construed to require a victim of trafficking to self-report. (B) No right to abortion Nothing in this subsection may be construed to provide a right to an abortion. .

Stopping Traffickers and Their Accomplices Act of 2023

Justice for Black Farmers Act of 2023 This bill directs the Department of Agriculture (USDA) to provide a variety of assistance to address historical discrimination and disparities in the agricultural sector. For example, the bill establishes an equity commission in USDA to examine discrimination by the agency against Black farmers and ranchers and recommend actions to end the systematic disparities in the treatment of Black farmers and ranchers. USDA must also establish a Farm Conservation Corps to provide young adults who are from socially disadvantaged groups with the skills necessary to pursue careers in farming and ranching. The bill provides funding for historically Black colleges and universities to commence and expand courses of study that are focused on careers in agriculture or related disciplines. The bill also increases the authorization of appropriations for a program to resolve issues relating to ownership and succession on farmland. Additionally, it expands credit assistance for socially disadvantaged farmers and ranchers. Further, the bill (1) establishes that a minimum of 50% of a covered packer's (not including a packer that owns only one livestock processing plant) daily volume of livestock slaughter must be purchased through spot market sales from nonaffiliated producers; (2) increases funding for the Local Agriculture Market Program; and (3) gives priority to socially disadvantaged farmers and ranchers for conservation technical assistance, the Conservation Stewardship Program, and the Rural Energy for America Program.

118 S96 IS: Justice for Black Farmers Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 96 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Booker Ms. Warren Mrs. Gillibrand Ms. Smith Mr. Warnock Mr. Sanders Mr. Blumenthal Committee on Agriculture, Nutrition, and Forestry A BILL To address the history of discrimination against Black farmers and ranchers, to require reforms within the Department of Agriculture to prevent future discrimination, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Justice for Black Farmers 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. Definitions. TITLE I—Department of Agriculture Civil Rights Reforms Sec. 101. Definitions. Sec. 102. Independent Civil Rights Oversight Board. Sec. 103. Equity Commission. Sec. 104. Office of the Assistant Secretary for Civil Rights reforms. Sec. 105. Data collection and reporting. TITLE II—Black Farmer Land Grants Sec. 201. Definitions. Sec. 202. Establishment of the Under Secretary of Agriculture for Equitable Land Access and the Equitable Land Access Service. Sec. 203. Provision of land grants. Sec. 204. Identification of land. Sec. 205. Restrictions on conveyed land. Sec. 206. Eligibility for assistance. Sec. 207. Completion of farmer training program and succession planning. Sec. 208. Grants for qualified entities. Sec. 209. Farm Conservation Corps. Sec. 210. Annual report to Congress. TITLE III—Funding for Historically Black Colleges and Universities Sec. 301. Funding for historically Black colleges and universities. Sec. 302. USDA/1890 National Scholars Program. TITLE IV—Land Retention and Credit Assistance Sec. 401. Protections for land ownership. Sec. 402. Access to credit for socially disadvantaged farmers and ranchers. Sec. 403. Additional credit assistance. Sec. 404. Foreclosure moratorium. TITLE V—Agricultural System Reforms Subtitle A—Amendments to Packers and Stockyards Act, 1921 Sec. 501. Definitions. Sec. 502. Unlawful practices. Sec. 503. Spot market purchases of livestock by packers. Sec. 504. Investigation of live poultry dealers. Sec. 505. Award of attorney fees. Sec. 506. Technical amendments. Subtitle B—Local Agriculture Market Program Sec. 511. Local Agriculture Market Program. Subtitle C—Conservation and renewable energy programs Sec. 521. Conservation technical assistance. Sec. 522. Conservation Stewardship Program. Sec. 523. Rural Energy for America Program. Sec. 524. Conservation and renewable energy programs priority. 2. Definitions In this Act: (1) Secretary The term Secretary (2) Socially disadvantaged farmer or rancher The term socially disadvantaged farmer or rancher (3) Socially disadvantaged group The term socially disadvantaged group I Department of Agriculture Civil Rights Reforms 101. Definitions In this title: (1) Assistant secretary The term Assistant Secretary (2) Board The term Board (3) Commission The term Commission (4) Office The term Office 102. Independent Civil Rights Oversight Board (a) In general There is established in the Department of Agriculture an independent board, to be known as the Department of Agriculture Civil Rights Oversight Board (1) to oversee the Office; and (2) to protect the rights of individuals who seek to file, or do file, a discrimination complaint with the Office. (b) Duties The Board shall— (1) (A) conduct a de novo review with fact finding power, including notice and opportunity for a hearing, of any appeal of a decision made by the Office, including any appeal of a dismissal of a complaint; and (B) issue a written decision within 180 days of receipt of an appeal or dismissal described in subparagraph (A); (2) investigate reports of discrimination within the Department of Agriculture, make findings of fact and conclusions of law in accordance with the findings, and recommend to the Secretary appropriate actions relative to specific findings; (3) recommend improvements to Department of Agriculture policies and procedures to address patterns and practices of discrimination and to prevent further discrimination; (4) conduct regular reviews to assess the compliance of the Office with civil rights, fair employment, and pay equity laws and policies applicable to the Office; (5) provide oversight over Farm Service Agency county committees; (6) (A) assess the progress made by the programs and policies established under this Act and the amendments made by this Act; and (B) submit recommendations for improvements to those programs or policies to the Secretary; and (7) (A) prepare an annual report on the status of socially disadvantaged farmers and ranchers and the treatment of socially disadvantaged farmers and ranchers by the Department of Agriculture; (B) make each report prepared under subparagraph (A) publicly available; and (C) submit each report prepared under subparagraph (A) to the Attorney General. (c) Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2023 through 2032 such sums as are necessary to carry out this section. 103. Equity Commission (a) Establishment (1) In general There is established in the Department of Agriculture the Equity Commission, the purposes of which are— (A) to study historical and continuing discrimination by the Department of Agriculture against Black farmers and ranchers that is fostered or perpetuated by the laws, policies, or practices of the Department of Agriculture; and (B) to recommend actions to end the systematic disparities in treatment of Black farmers and ranchers, particularly by the Department of Agriculture. (2) Membership (A) Composition The Commission shall be composed of 9 members, to be appointed by the Secretary, of whom— (i) 3 shall be Black farmers or ranchers with not less than 10 years of experience in farming or ranching; (ii) 3 shall be employees or board members of nonprofit organizations that have not less than 7 years of experience providing meaningful agricultural, business assistance, legal assistance, or advocacy services to Black farmers or ranchers; and (iii) 3 shall be faculty or staff from 1890 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 (B) Date The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (3) Period of appointment; vacancies (A) In general A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies A vacancy in the Commission— (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment. (4) Meetings (A) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. (B) Frequency The Commission shall meet at the call of the Chairperson. (C) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (5) Chairperson and vice chairperson The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. (b) Duties of the commission (1) Study The Commission shall study discrimination against Black farmers and ranchers by the Department of Agriculture, including by conducting investigations of— (A) the prevalence of discrimination against Black farmers and ranchers in Department of Agriculture agencies and programs, including Farm Service Agency county committees; and (B) the status of claimants who filed for relief under the settlement agreement and consent decree in Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999) or the settlement agreement in In re Black Farmers Discrimination Litigation, Misc. No. 08–mc–0511 (PLF), with a particular focus on the status of claimants who did not receive payments. (2) Recommendations The Commission shall develop recommendations for— (A) ending the systematic disparities in treatment of Black farmers and ranchers, particularly by the Department of Agriculture; (B) improving the structure of Farm Service Agency county committees to better serve socially disadvantaged farmers and ranchers, including, if necessary, recommending the elimination and replacement of those committees; and (C) addressing any mishandling of payments identified through studying the matters under paragraph (1)(B). (3) Outreach In studying the matters under paragraph (1) and developing recommendations under paragraph (2), the Commission shall— (A) consult with the Socially Disadvantaged Farmers and Ranchers Policy Research Center; and (B) hold town hall meetings with socially disadvantaged farmers and ranchers, researchers, and civil rights advocates. (4) Report Not later than 2 years after the date of enactment of this Act, the Commission shall make publicly available a detailed report that describes— (A) the findings of the study under paragraph (1); and (B) the recommendations developed under paragraph (2). (c) Powers of commission (1) Hearings The Commission shall hold open, televised, and public hearings, during which the Commission may sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies (A) In general The Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this section. (B) Furnishing information On request of the Chairperson of the Commission, the head of the department or agency shall furnish the information to the Commission. (3) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Commission personnel matters (1) Compensation of members A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 (4) Detail of government employees A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (e) Termination of commission The Commission shall terminate on the date that is 30 days after the date on which the Commission makes publicly available the report under subsection (b)(4). (f) Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2023 through 2032 such sums as are necessary to carry out this section. 104. Office of the Assistant Secretary for Civil Rights reforms (a) Ombudsman The Secretary shall establish in the Department of Agriculture a position of Civil Rights Ombudsman— (1) to assist individuals in navigating Office programs; and (2) to provide recommendations to the Secretary for grants provided under subsection (g). (b) Deadline for decisions Not later than 180 days after the date on which the Office receives a civil rights complaint, the Assistant Secretary shall make a final decision of the Assistant Secretary regarding the merit of the complaint and the appropriate disposition of the matter. (c) Appeals to Board (1) In general A person that receives an adverse decision or dismissal by the Office on a civil rights complaint filed by the person may appeal the decision or dismissal to the Board for a final decision. (2) Deadline An appeal under paragraph (1) shall be filed not later than 1 year after the date of the adverse decision or dismissal described in that paragraph. (3) Effect of board decision A decision of the Board on an appeal filed under paragraph (1), or a dismissal of such an appeal for lack of jurisdiction, shall constitute exhaustion of administrative remedies and be reviewable in Federal court. (d) Moratorium on foreclosures The Secretary shall not take any action on a foreclosure proceeding against any farmer or rancher during any period that a civil rights complaint filed by the farmer or rancher with the Office is outstanding, including an appeal to the Board under subsection (c)(1). (e) Reports The Assistant Secretary shall— (1) publish on the website of the Office and submit to the Board a report of each civil rights complaint filed with the Office and the results of each such complaint; and (2) include in each report described in paragraph (1) a description of the race, ethnicity, gender, and geographic region of the complainant. (f) Prohibition on interference by the office of the general counsel The Office of General Counsel of the Department of Agriculture shall not have any involvement with the investigation, adjudication, or resolution of any civil rights complaint brought against the Secretary. (g) Grants (1) In general The Secretary, based on recommendations from the Civil Rights Ombudsman, shall provide grants to community-based organizations and advocates with a history of working with socially disadvantaged farmers and ranchers to provide technical assistance to farmers and ranchers seeking to file a civil rights complaint with the Office. (2) Funding There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $50,000,000 for each of fiscal years 2023 through 2032 to carry out this subsection. (h) Direct reporting to the Secretary of Agriculture Section 218(c) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6918(c) (1) in the subsection heading, by striking Duties of (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (3) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary (1) Duties The Secretary ; and (4) by adding at the end the following: (2) Direct reporting to the Secretary If the Secretary establishes the position of Assistant Secretary for Civil Rights under subsection (a)(3), the Assistant Secretary for Civil Rights shall report directly to the Secretary. . (i) Authorization of appropriations In addition to amounts made available under subsection (g)(2), there are authorized to be appropriated for each of fiscal years 2023 through 2032 such sums as are necessary to carry out this section and the amendments made by this section. 105. Data collection and reporting (a) In general The Secretary shall make publicly available annual reports describing data on the recipients of Department of Agriculture assistance, including assistance from farm subsidy programs, and the amounts of the assistance, delineated by the race, ethnicity, and gender of the recipients. (b) ERS research of socially disadvantaged farmers and ranchers The Secretary, acting through the Administrator of the Economic Research Service, shall conduct research on the status of socially disadvantaged farmers and ranchers, including— (1) the share of land ownership of those socially disadvantaged farmers and ranchers as compared to all farmers and ranchers, delineated by the race, ethnicity, and gender of the landowners; (2) the share of the amount of assistance those socially disadvantaged farmers and ranchers receive from the Department of Agriculture as compared to all farmers and ranchers, delineated by the race, ethnicity, and gender of the recipients; (3) the share, status, and receipt of Farm Credit System loans by socially disadvantaged farmers and ranchers as compared to all farmers and ranchers, delineated by the race, ethnicity, and gender of the recipients; and (4) an assessment of the reasons for disparities in land ownership, assistance from the Department of Agriculture, and Farm Credit System loans for socially disadvantaged farmers and ranchers compared to all farmers and ranchers. (c) ERS research of farmworkers The Secretary, acting through the Administrator of the Economic Research Service, shall conduct research on the demographics and status of farmworkers, including— (1) the races, ethnicities, ages, localities, wages and benefits, and working conditions of farmworkers; (2) the economic contributions of farmworkers to the United States economy; and (3) satisfaction of farmworkers with their employment. (d) Census of agriculture The Secretary, acting through the Administrator of the National Agricultural Statistics Service, shall— (1) investigate historical changes in reporting methodology and misreporting of Black farmers and ranchers in the census of agriculture; (2) develop procedures to ensure that census of agriculture surveys accurately capture the status of socially disadvantaged farmers and ranchers engaged in urban agriculture; and (3) conduct, concurrently with each census of agriculture, a review to assess— (A) the outreach and methodologies used in conducting the census of agriculture; and (B) how such outreach and methodologies have affected the counting of socially disadvantaged farmers and ranchers. (e) Corporate ownership of farmland The Secretary shall annually conduct, and annually make publicly available reports describing, in-depth research and analysis of corporate (domestic and foreign) land investment and ownership in the United States, with specific attention given to the impact of corporate land investment and ownership on— (1) land consolidation trends in the United States; (2) challenges and opportunities for new and beginning farmers and ranchers accessing land for farming or ranching; (3) challenges and opportunities for members of socially disadvantaged groups accessing land for farming or ranching; and (4) crop selection and production trends. (f) Funding There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $10,000,000 for each of fiscal years 2023 through 2032 to carry out this section. II Black Farmer Land Grants 201. Definitions In this title: (1) Animal feeding operation The term animal feeding operation (A) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are— (i) stabled or confined; and (ii) fed or maintained; and (B) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (2) Eligible Black individual The term eligible Black individual (A) was born in the United States; (B) is at least 21 years of age; (C) has previously identified as Black or African American; and (D) has at least 1 parent of African ancestry. (3) Farmer training The term farmer training (A) provides eligible Black individuals and other enrollees with the basic skills to operate a farm or ranch profitably with a primary focus on regenerating the soil, ecosystem, and local community; (B) provides a course of study that is equivalent to not less than 30 academic credit hours of study, which may be provided as direct in-field instruction; (C) is approved by the Undersecretary of the Equitable Land Access Service as an authorized program to meet the farmer training program requirement under section 207(a) for recipients of land grants under section 203(a)(2); (D) focuses training on low-capital-intensive techniques and technologies; and (E) includes a robust study of local and regional food systems and the market opportunities those systems present. (4) Qualified entity The term qualified entity (A) an organization— (i) (I) described in section 501(c)(3) (II) that has a fiscal sponsor that is an organization described in subclause (I); (ii) that has not less than 3 years of experience providing meaningful agricultural, business assistance, legal assistance, or advocacy services to Black farmers or ranchers; and (iii) at least 50 percent of the members of the board of directors of which are Black; and (B) an 1890 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 (5) Secretary The term Secretary 202. Establishment of the Under Secretary of Agriculture for Equitable Land Access and the Equitable Land Access Service (a) Establishment The Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6901 et seq. L Equitable Land Access 297. Under Secretary of Agriculture for Equitable Land Access (a) In general The Secretary shall establish in the Department the position of Under Secretary of Agriculture for Equitable Land Access. (b) Confirmation required The Under Secretary of Agriculture for Equitable Land Access shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions The Secretary shall delegate to the Under Secretary of Agriculture for Equitable Land Access the functions of the Department carried out through the Equitable Land Access Service. 297A. Equitable Land Access Service (a) Establishment There is established in the Department the Equitable Land Access Service. (b) Under Secretary The Equitable Land Access Service shall be headed by the Under Secretary of Agriculture for Equitable Land Access. (c) Functions The Secretary shall carry out through the Equitable Land Access Service title II of the Justice for Black Farmers Act of 2023 . (b) Technical and conforming amendments (1) Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by redesignating section 225 ( 7 U.S.C. 6925 (2) Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) (11) The authority of the Secretary to carry out the amendments made to this Act by the Justice for Black Farmers Act of 2023 . (3) Section 5314 of title 5, United States Code, is amended by inserting after the item relating to the Under Secretary of Agriculture for Marketing and Regulatory Programs the following: Under Secretary of Agriculture for Equitable Land Access. . 203. Provision of land grants (a) In general The Secretary shall— (1) purchase from willing sellers, at a price not greater than fair market value, available agricultural land in the United States; and (2) subject to section 205, convey grants of that land to eligible Black individuals at no cost to the eligible Black individuals. (b) Requirement To the maximum extent practicable, if sufficient applications are submitted by eligible Black individuals, the Secretary shall convey not less than 20,000 land grants to eligible Black individuals under subsection (a)(2) for each of fiscal years 2023 through 2032. (c) Maximum acreage A land grant to an eligible Black individual under subsection (a)(2) shall be not more than 160 acres. (d) Applications (1) In general An eligible Black individual seeking a land grant under subsection (a)(2) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a legal description of the land identified under section 204 of which the eligible Black individual is seeking the grant. (2) Qualified entities (A) In general A qualified entity that receives a grant under section 208 may submit to the Secretary an application under paragraph (1) on behalf of 1 or more eligible Black individuals seeking a land grant under subsection (a)(2). (B) Applications to subdivide and convey If applicable, an application submitted under subparagraph (A) shall include a proposal for how the land will be subdivided and conveyed separately to eligible Black individuals as described in section 204(b). (e) Priority The Secretary shall give priority to applications submitted under subsection (c) for land grants to— (1) eligible Black individuals who are currently farmers or ranchers; (2) eligible Black individuals with a family history of land dispossession; (3) eligible Black individuals with experience in agriculture, including experience obtained through participation in the Farm Conservation Corps established under section 209; and (4) eligible Black individuals who are veterans. (f) Funding There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $8,000,000,000 for each of fiscal years 2023 through 2032 to carry out this section. 204. Identification of land (a) In general The Secretary shall refer an eligible Black individual seeking a land grant under section 203 to a qualified entity that receives a grant under section 208 to assist the eligible Black individual in identifying available agricultural land in the United States that is suitable for purchase by the Secretary and conveyance to the eligible Black individual under section 203. (b) Subdivisions In carrying out subsection (a), a qualified entity may assist eligible Black individuals in identifying land described in that subsection that is suitable to be subdivided and conveyed separately to multiple eligible Black individuals under section 203. 205. Restrictions on conveyed land (a) In general Before conveying a land grant under section 203(a)(2), the Secretary shall attach to the land an easement requiring that the land be— (1) restricted in perpetuity for agricultural use, but with an allowance for constructing or improving and maintaining 1 primary residence and housing for farmworkers on the land; and (2) subject in perpetuity to the conservation requirements that— (A) an animal feeding operation may not be operated on the land, with the exception that an animal feeding operation with fewer than 299 animal units may be operated during times of the year that outdoor access is not possible due to weather conditions; and (B) the land shall be subject to applicable highly erodible land and wetland conservation requirements in effect on the date of enactment of this Act under subtitles B and C of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq. (b) Right of reentry (1) In general A deed conveying a land grant under section 203(a)(2) shall include a right of reentry for the Secretary if the Secretary— (A) determines, after giving notice and a reasonable opportunity for a hearing, that a requirement described in subsection (a) of an easement attached to that land has been violated; and (B) determines that the violation has not been remedied within 60 days after the date of the determination under subparagraph (A). (2) Expiration The right of reentry described in paragraph (1) shall expire on the date that is 5 years after the date of conveyance. (c) Right of first refusal (1) In general Beginning on the day after the expiration date described in subsection (b)(2)— (A) the recipient of the land grant may sell the land; but (B) the Secretary shall have a right of first refusal to purchase the land at the appraised value of the land. (2) Delegation The Secretary may, on a case-by-case basis, delegate the right of first refusal under paragraph (1)(B) to a qualified entity that requests the delegation. (d) Requirement If the Secretary purchases land under subsection (c)(1)(B), the Secretary shall convey the land to another eligible Black individual under section 203(a)(2). 206. Eligibility for assistance (a) Farm operating loans (1) Eligible Black individuals Beginning on the date of conveyance of a land grant under section 203(a)(2), the eligible Black individual that receives the land grant shall be eligible for a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1941 et seq. 7 U.S.C. 1941(a)(1) (2) Socially disadvantaged farmers and ranchers During the 5-year period beginning on the date of enactment of this Act, any socially disadvantaged farmer or rancher shall be eligible for a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1941 et seq. 7 U.S.C. 1941(a)(1) (3) Interest and deferment In the case of an operating loan under paragraph (1) or (2)— (A) the interest rate shall be zero percent for the first 7 years of the term of the loan; and (B) the Secretary of Agriculture shall defer payments for the first 24 months. (b) Single family home mortgages Beginning on the date of conveyance of a land grant under section 203(a)(2), the eligible Black individual that receives the land grant shall be eligible for a direct loan under section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 (c) Funding There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2023 through 2032. 207. Completion of farmer training program and succession planning (a) Required training As a condition on the receipt of a land grant under section 203(a)(2), any recipient who does not have at least 2 years of prior experience in agriculture shall be required to complete, at no cost, a farmer training program established pursuant to section 208(a)(4). (b) Optional training Any eligible Black individual who has at least 2 years of prior experience in agriculture, and any socially disadvantaged farmer or rancher, may complete, at no cost, a farmer training program established pursuant to section 208(a)(4). (c) Succession planning As a condition on the receipt of a land grant under section 203(a)(2), each recipient shall collaborate with a qualified entity to develop a succession plan. 208. Grants for qualified entities (a) In general The Secretary shall establish a program to provide grants to qualified entities to use as operating amounts— (1) to support eligible Black individuals in identifying land under section 204, including developing proposals for how land may be subdivided as described in subsection (b) of that section; (2) to support eligible Black individuals in acquiring that land through a land grant under section 203(a)(2), including by submitting applications on behalf of eligible Black individuals under section 203(d)(2); (3) to support eligible Black individuals in starting up farm operations on that land; (4) to provide eligible Black individuals and socially disadvantaged farmers and ranchers with farmer training; and (5) to provide other assistance, including legal advocacy, succession planning, and support for the development of farmer cooperatives, to eligible Black individuals and other Black farmers and ranchers. (b) Funding There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $1,000,000,000 for each of fiscal years 2023 through 2032 to carry out this section. 209. Farm Conservation Corps (a) In general The Secretary shall establish a civilian conservation corps, to be known as the Farm Conservation Corps (b) Requirement To the maximum extent practicable, the Secretary shall enroll not fewer than 20,000 young adults in the Farm Conservation Corps pursuant to subsection (a) in each of fiscal years 2023 through 2032. (c) Farmworker services Members of the Farm Conservation Corps shall serve as on-farm apprentices, at no cost, to— (1) socially disadvantaged farmers and ranchers, the annual gross farm income of whom is less than $250,000; (2) beginning farmers and ranchers, the annual gross farm income of whom is less than $250,000; and (3) farmers and ranchers operating certified organic farms (as defined in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 (d) Duration of participation An individual shall serve in the Farm Conservation Corps for not more than 2 years. (e) Housing and care The Secretary shall provide to each member of the Farm Conservation Corps, for the duration of the participation— (1) housing, subsistence, clothing, medical attention (including hospitalization), and transportation; or (2) a cash allowance sufficient for the applicable locality to cover costs described in paragraph (1). (f) Compensation Members of the Farm Conservation Corps shall be paid for their services as a farmworker at a rate consistent with the minimum wage applicable to a nonimmigrant described in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii) (g) Funding There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $1,000,000,000 for each of fiscal years 2023 through 2032 to carry out this section. 210. Annual report to Congress The Secretary shall submit to Congress and make publicly available annual reports describing data on land grants under this title, including— (1) the number of land grants; (2) the recipients of land grants; (3) the total number of acres of land granted; (4) the number of acres of land granted by county; and (5) the types of new farming or ranching operations established on the granted land. III Funding for Historically Black Colleges and Universities 301. Funding for historically Black colleges and universities (a) In general There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $500,000,000 for fiscal year 2023 and each of the succeeding 9 fiscal years for the Secretary of Education to provide funding to part B institutions (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 (b) Use of funding The funding provided by subsection (a) shall be used by part B institutions described in that subsection— (1) (A) to commence new courses of study and expand existing courses of study focused on careers in agriculture, agriculture-related fields, or other related disciplines; and (B) to recruit students for those courses of study; and (2) to commence research to further the study of— (A) regenerative agricultural practices; and (B) market opportunities for socially disadvantaged farmers and ranchers. 302. USDA/1890 National Scholars Program The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1446 ( 7 U.S.C. 3222a 1446A. USDA/1890 National Scholars Program (a) Definition of program In this section, the term program (b) Authorization The Secretary shall continue to carry out the program. (c) Funding There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $20,000,000 for each fiscal year to carry out the program. . IV Land Retention and Credit Assistance 401. Protections for land ownership (a) Relending program To resolve ownership and succession on farmland Section 310I(g) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1936c(g) 2023 2022 and $50,000,000 for fiscal year 2023 (b) Reports on land access and farmland ownership data collection Section 12607(c) of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2204i(c) each fiscal years 2019 through 2023 each of fiscal years 2019 through 2022 and $10,000,000 for fiscal year 2023 (c) Family farmer income Section 101(18)(A) of title 11, United States Code, is amended, in the matter preceding clause (i), by striking 50 percent 30 percent 402. Access to credit for socially disadvantaged farmers and ranchers (a) National Socially Disadvantaged Farmer and Rancher Bank (1) Definitions In this subsection— (A) the term Bank (B) the term community development financial institution 12 U.S.C. 4702 (C) the term eligible entity (i) a credit union, mutual savings bank, or mutual savings and loan association— (I) that— (aa) is operated on a cooperative, not-for-profit basis; and (bb) provides financial services or facilities for the benefit of— (AA) the members of the entity; or (BB) voting stockholders who are the ultimate recipients of those financial services or facilities; and (II) not less than 60 percent of the members or voting stockholders of which are socially disadvantaged farmers or ranchers; or (ii) a not-for-profit community development financial institution, if not less than 75 percent of the total dollar value of the loans made by the institution consist of loans made to socially disadvantaged farmers or ranchers. (2) Establishment of Bank (A) In general Congress hereby creates and charters a bank to be known as the National Socially Disadvantaged Farmer and Rancher Bank, the sole mission of which shall be to provide financing and other assistance in accordance with the requirements of this subsection. (B) Board of Directors (i) In general The Bank shall be governed by a Board of Directors— (I) which shall consist of 13 members; and (II) each member of which shall be appointed by the President, by and with the advice and consent of the Senate. (ii) Term Each member of the Board of Directors of the Bank shall serve for a term of 3 years. (3) Lending authority (A) In general The Bank may make loans and loan guarantees to eligible entities. (B) Terms With respect to a loan made by the Bank to an eligible entity— (i) the term of the loan shall be 30 years; (ii) the interest rate with respect to the loan shall be the interest rate on 30-year Treasury bonds, as of the date on which the loan is made; and (iii) before the end of the term described in clause (i), the eligible entity— (I) shall not be required to make any principal payments with respect to the loan; and (II) shall make interest payments with respect to the loan. (C) Condition of financing for certain eligible entities With respect to a loan or loan guarantee made under this paragraph to an eligible entity described in paragraph (1)(C)(ii), the Bank, as a condition of the financing, shall require the eligible entity to ensure that, for the full term of the loan or loan guarantee made by the Bank, not less than 75 percent of the total dollar value of the loans made by the eligible entity consist of loans made to socially disadvantaged farmers or ranchers. (4) Grant program (A) In general The Bank shall establish a program through which the Bank may make a grant to assist— (i) an entity in becoming an eligible entity; or (ii) an eligible entity with the commencement or expansion of operations of the eligible entity, including with respect to outreach, education, and training activities. (B) Grant amount The amount of a grant made under the program established under subparagraph (A) shall be not more than $3,000,000. (C) First award The first grant made by the Bank under the program established under subparagraph (A) shall be to an entity, not less than 60 percent of the members or stockholders of which are Black farmers or ranchers. (5) Technical assistance The Bank shall establish a program to provide technical assistance to eligible entities, including assistance in obtaining— (A) approval from the National Credit Union Administration Board under section 104 of the Federal Credit Union Act ( 12 U.S.C. 1754 (B) certification from the Community Development Financial Institutions Fund established under section 104(a) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4701 et seq. (6) Funding (A) In general There are appropriated to the Bank, out of any amounts in the Treasury not otherwise appropriated, $1,000,000,000 to carry out this subsection— (i) which shall remain available until expended; and (ii) of which— (I) not less than $50,000,000 shall be used to make grants under the program established under paragraph (4); and (II) not less than $50,000,000 shall be used to provide technical assistance under paragraph (5). (B) Emergency designation (i) In general The amounts provided under this paragraph are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (ii) Designation in Senate In the Senate, this subsection is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. (b) CFPB authority To investigate claims of discrimination by farm credit system institutions Section 5.31 of the Farm Credit Act of 1971 ( 12 U.S.C. 2267 (1) in the first sentence, by striking The Farm (a) In general Except as provided in subsection (b), the Farm ; and (2) by adding at the end the following: (b) Bureau of consumer financial protection The Bureau of Consumer Financial Protection shall have enforcement authority over institutions and institution-affiliated parties with respect to claims of discrimination. . (c) Establishment of funding goals The Secretary shall establish goals for the funding of programs to address racial disparities in the recipients of assistance provided by the Department of Agriculture, including the programs under section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279 (d) Public awareness campaigns (1) In general The Secretary shall— (A) conduct public awareness campaigns for socially disadvantaged farmers and ranchers relating to programs available for socially disadvantaged farmers and ranchers through the Department of Agriculture; and (B) use 50 percent of the amount made available under paragraph (2) to provide funding for community organizations with history of working with socially disadvantaged farmers and ranchers to conduct community-based outreach. (2) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $50,000,000. 403. Additional credit assistance (a) Refinancing of debt with farm loans (1) Purposes of farm ownership loans Section 303(a)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1923(a)(1) (E) refinancing indebtedness. . (2) Purposes of operating loans Section 312(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1942(a) (9) refinancing the indebtedness of a borrower; or . (b) Removal of eligibility restriction based on previous debt write-Down or other loss Section 373 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008h (1) in subsection (b)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting and subsection (d) paragraph (2) (B) in paragraph (2)(A)— (i) by striking clause (i); (ii) in clause (ii), by striking chapters 11, 12, or 13 of Title 11 of the chapter 11, 12, or 13 of title 11, (iii) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (2) by adding at the end the following: (d) Prohibition on eligibility restriction based on debt write-Down or other loss The Secretary shall not restrict the eligibility of a borrower for a farm ownership or operating loan under subtitle A or B based on a previous debt write-down or other loss to the Secretary. . (c) Authorization for loans Section 346(b)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1994(b)(1) (1) in the matter preceding subparagraph (A), by striking $10,000,000,000 for each of fiscal years 2019 through 2023, of which, for each fiscal year— $20,000,000,000 for fiscal year 2023, of which— (2) by striking subparagraphs (A) and (B) and inserting the following: (A) $10,000,000,000 shall be for farm ownership loans under subtitle A; and (B) $10,000,000,000 shall be for operating loans under subtitle B. . (d) Loan forgiveness for settlements applicants in Pigford I (1) Definition of covered borrower In this subsection, the term covered borrower (A) submitted a claim under the settlement agreement and consent decree in Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999); and (B) as of the date of enactment of this Act, has indebtedness on a loan made or guaranteed by the Secretary. (2) Loan forgiveness The Secretary shall— (A) forgive the indebtedness of a covered borrower on a loan made by the Secretary; and (B) require a lender of a loan guaranteed by the Secretary for a covered borrower to forgive the indebtedness of that covered borrower on that loan. (3) Reimbursement for payments and other funds seized The Secretary shall provide to a covered borrower a payment equal to the amount, if any, of payments of tax refunds, payments under the old-age, survivors, and disability insurance benefits program established under title II of the Social Security Act ( 42 U.S.C. 401 et seq. (4) Farmer grants The Secretary shall provide to a covered borrower a grant equal to 30 percent of the amount of the debt forgiven with respect to the covered borrower under this subsection. (e) Farm service agency loan eligibility for heirs with undivided property ownership interests Subtitle D of the Consolidated Farm and Rural Development Act is amended by inserting after section 331F ( 7 U.S.C. 1981f 331G. Eligibility of tenants in common for loans Notwithstanding any other provision of law, a tenant in common shall be eligible for a direct or guaranteed farm ownership loan under subtitle A, a direct or guaranteed operating loan under subtitle B, or a direct or guaranteed emergency loan under subtitle C if the tenant in common submits to the Secretary an agreement— (1) entered into by each person that owns a property interest in or to the applicable property; and (2) that includes— (A) clear identification of— (i) the owners of the property, as of the date on which the agreement is submitted; and (ii) the percentages of ownership of each owner described in clause (i); (B) identification of the property and a description of the proposed use of the property; (C) a process for payment of expenses and application and disbursement of any proceeds or profits among the owners of the property; (D) appointment of a lead responsible person for farm management; (E) a dispute resolution process; and (F) a buy-out provision that allows an heir of the property to sell the property interest of the heir in and to the property. . 404. Foreclosure moratorium Effective during the period beginning on the date of enactment of this Act and ending on the date that is 1 year after the date on which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d V Agricultural System Reforms A Amendments to Packers and Stockyards Act, 1921 501. Definitions Section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) (1) in paragraph (8), by striking for slaughter of such poultry under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person (2) in paragraph (9), by striking and cares for live poultry for delivery, in accord with another's instructions, for slaughter or cares for live poultry in accordance with the instructions of another person (3) in each of paragraphs (1) through (9), by striking the semicolon at the end and inserting a period; (4) in paragraph (10)— (A) by striking for the purpose of either slaughtering it or selling it for slaughter by another (B) by striking ; and (5) by adding at the end the following: (15) Formula price (A) In general The term formula price (B) Exclusion The term formula price (i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or (ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. (16) Forward contract The term forward contract (A) a specified lot of livestock; or (B) a specified number of livestock over a certain period of time. . 502. Unlawful practices (a) In general Section 202 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (1) by redesignating subsections (a) through (f) and (g) as paragraphs (1) through (6) and (10), respectively, and indenting appropriately; (2) by striking the section designation and all that follows through It shall be 202. Unlawful acts (a) In general It shall be ; (3) in subsection (a)— (A) in the matter preceding paragraph (1) (as so redesignated), by striking to: to do any of the following: (B) in each of paragraphs (1) through (6) (as so redesignated), by striking ; or (C) in paragraph (6) (as so redesignated)— (i) by striking (1) (A) (ii) by striking (2) (B) (iii) by striking (3) (C) (D) by inserting after paragraph (6) the following: (7) Use, in effectuating any sale of livestock, a forward contract that— (A) does not contain a firm base price that may be equated to a fixed dollar amount on the date on which the forward contract is entered into; (B) is not offered for bid in an open, public manner under which— (i) buyers and sellers have the opportunity to participate in the bid; (ii) more than 1 blind bid is solicited; and (iii) buyers and sellers may witness bids that are made and accepted; (C) is based on a formula price; or (D) provides for the sale of livestock in a quantity in excess of— (i) in the case of cattle, 40 cattle; (ii) in the case of swine, 30 swine; and (iii) in the case of another type of livestock, a comparable quantity of that type of livestock, as determined by the Secretary. (8) Own or feed livestock directly, through a subsidiary, or through an arrangement that gives a packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock, except that this paragraph shall not apply to— (A) an arrangement entered into not more than 7 business days before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer; (B) a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that— (i) own, feed, or control the livestock; and (ii) provide the livestock to the cooperative for slaughter; (C) a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a (D) a packer that owns only 1 livestock processing plant. (9) Take any action that adversely affects or is likely to adversely affect competition, regardless of whether there is a business justification for the action. ; and (E) in paragraph (10) (as so redesignated), by striking subdivision (a), (b), (c), (d), or (e) paragraphs (1) through (9) (4) by adding at the end the following: (b) Unfair, discriminatory, and deceptive practices and devices Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(1) include the following: (1) Refusal to provide, on the request of a livestock producer, swine production contract grower, or poultry grower with which the packer, swine contractor, or live poultry dealer has a marketing or delivery contract, the relevant statistical information and data used to determine the compensation paid to the livestock producer, swine production contract grower, or poultry grower, as applicable, under the contract, including— (A) feed conversion rates by house, lot, or pen; (B) feed analysis; (C) breeder history; (D) quality grade; (E) yield grade; and (F) delivery volume for any certified branding program (such as programs for angus beef or certified grassfed or Berkshire pork). (2) Conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer, swine production contract grower, or poultry grower, including the right— (A) to a trial by jury, unless the livestock producer, swine production contract grower, or poultry grower, as applicable, is voluntarily bound by an arbitration provision in a contract; (B) to pursue all damages available under applicable law; and (C) to seek an award of attorneys' fees, if available under applicable law. (3) Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation. (4) A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction. (c) Undue or unreasonable preferences, advantages, prejudices, and disadvantages (1) In general Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(2) include the following: (A) A retaliatory action (including coercion or intimidation) or the threat of retaliatory action— (i) in connection with the execution, termination, extension, or renewal of a contract or agreement with a livestock producer, swine production contract grower, or poultry grower aimed to discourage the exercise of the rights of the livestock producer, swine production contract grower, or poultry grower under this Act or any other law; and (ii) in response to lawful communication (including as described in paragraph (2)), association, or assertion of rights by a livestock producer, swine production contract grower, or poultry grower. (B) Use of the tournament system for poultry as described in paragraph (3). (2) Lawful communication described A lawful communication referred to in paragraph (1)(A)(ii) includes— (A) a communication with officials of a Federal agency or Members of Congress; (B) any lawful disclosure that demonstrates a reasonable belief of a violation of this Act or any other law; and (C) any other communication that assists in carrying out the purposes of this Act. (3) Use of tournament system for poultry (A) In general Subject to subparagraph (B), a live poultry dealer shall be in violation of subsection (a)(2) if the live poultry dealer determines the formula for calculating the pay of a poultry grower in a tournament group by comparing the performance of the birds of other poultry growers in the group using factors outside the control of the poultry grower and within the control of the live poultry dealer. (B) Exception Under subparagraph (A), a live poultry dealer shall not be found in violation of subsection (a)(2) if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph (C) that were used in the comparative evaluation were substantially the same in quality, quantity, and timing, as applicable, for all poultry growers in the tournament group. (C) Inputs and services described The inputs and services referred to in subparagraph (B) include, with respect to poultry growers in the same tournament group— (i) the quantity, breed, sex, and age of chicks delivered to each poultry grower; (ii) the breed and age of the breeder flock from which chicks are drawn for each poultry grower; (iii) the quality, type (such as starter feed), and quantity of feed delivered to each poultry grower; (iv) the quality of and access to medications for the birds of each poultry grower; (v) the number of birds in a flock delivered to each poultry grower; (vi) the timing of the pick-up of birds for processing (including the age of the birds and the number of days that the birds are in the care of the poultry grower) for each poultry grower; (vii) the death loss of birds during pick-up, transport, and time spent at the processing plant for each poultry grower; (viii) condemnations of parts of birds due to actions in processing for each poultry grower; (ix) condemnations of whole birds due to the fault of the poultry grower; (x) the death loss of birds due to the fault of the poultry grower; (xi) the stated reasons for the cause of the death losses and condemnations described in clauses (vii) through (x); (xii) the type and classification of each poultry grower; and (xiii) any other input or service that may have an impact on feed conversion to weight gain efficiency or the life span of the birds of each poultry grower. (d) Harm to competition not required In determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (a), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required. . (b) Effective date (1) In general Subject to paragraph (2), paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (2) Transition rules In the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (A) in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and (B) in the case of a packer of any other type of livestock, beginning not later than 180 days after the date of enactment of this Act, as determined by the Secretary. 503. Spot market purchases of livestock by packers The Packers and Stockyards Act, 1921, is amended by inserting after section 202 ( 7 U.S.C. 192 202A. Spot market purchases of livestock by packers (a) Definitions In this section: (1) Covered packer (A) In general The term covered packer 7 U.S.C. 1635 et seq. (B) Exclusion The term covered packer (2) Nonaffiliated producer The term nonaffiliated producer (A) that sells livestock to a packer; (B) that has less than 1 percent equity interest in the packer; (C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; (D) that has no fiduciary responsibility to the packer; and (E) in which the packer has no equity interest. (3) Spot market sale (A) In general The term spot market sale (i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; (ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and (iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. (B) Reasonable competitive bidding opportunity For the purposes of subparagraph (A)(iii), a reasonable competitive bidding opportunity shall be considered to exist if— (i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and (ii) no circumstance, custom, or practice exists that— (I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and (II) precludes the producer from soliciting or receiving bids from other packers. (b) General rule Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. (c) Applicable percentages (1) In general Except as provided in paragraph (2), the applicable percentage shall be 50 percent. (2) Exceptions In the case of a covered packer that reported to the Secretary in the 2018 annual report that more than 60 percent of the livestock of the covered packer were committed procurement livestock, the applicable percentage shall be the greater of— (A) the difference between the percentage of committed procurement so reported and 100 percent; and (B) (i) during calendar year 2021, 20 percent; (ii) during each of calendar years 2022 and 2023, 30 percent; and (iii) during calendar year 2024 and each calendar year thereafter, 50 percent. (d) Nonpreemption This section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section. . 504. Investigation of live poultry dealers (a) Administrative enforcement authority over live poultry dealers Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 , live poultry dealer, packer (b) Authority To request temporary injunction or restraining order Section 408(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228a(a) or poultry care on account of poultry (c) Violations by live poultry dealers Section 411 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228b–2 (1) in subsection (a), in the first sentence, by striking any provision of section 207 or section 410 of (2) in subsection (b), in the first sentence, by striking any provisions of section 207 or section 410 any provision 505. Award of attorney fees Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 (i) Attorney's fee The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this section. . 506. Technical amendments (a) Section 203 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 (1) in subsection (a), in the first sentence— (A) by striking he shall cause the Secretary shall cause (B) by striking his charges the charges (2) in subsection (b), in the first sentence, by striking he shall make a report in writing in which he shall state his findings the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary (3) in subsection (c), by striking he the Secretary (b) Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 (1) in subsection (a), by striking he has his the packer, live poultry dealer, or swine contractor has the (2) in subsection (c), by striking his officers, directors, agents, and employees the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer (3) in subsection (f), in the second sentence— (A) by striking his findings the findings of the Secretary (B) by striking he the Secretary (4) in subsection (g), by striking his officers, directors, agents, and employees the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer B Local Agriculture Market Program 511. Local Agriculture Market Program Section 210A(i)(1) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c(i)(1) fiscal year 2019 each of fiscal years 2019 through 2022, and $500,000,000 for fiscal year 2023 C Conservation and renewable energy programs 521. Conservation technical assistance Section 6 of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590f (1) by striking the section designation and heading and all that follows through There is 6. Funding; Conservation Technical Assistance Fund (a) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out this Act $2,100,000,000 for each fiscal year. (2) Authorization of appropriations There are ; and (2) in the undesignated matter following paragraph (2) (as so designated) of subsection (a), by striking Appropriations (3) Availability of appropriations for nursery stock Appropriations . 522. Conservation Stewardship Program (a) Supplemental payments for climate stewardship practices Section 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) (1) in the subsection heading, by striking Rotations and Advanced Grazing Management Rotations, Advanced Grazing Management, and Climate Stewardship Practices (2) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) Climate stewardship practice The term climate stewardship practice (i) Alley cropping. (ii) Biochar incorporation. (iii) Conservation cover. (iv) Conservation crop rotation. (v) Contour buffer strips. (vi) Contour farming. (vii) Cover crops. (viii) Critical area planting. (ix) Cross wind trap strips. (x) Field borders. (xi) Filter strips. (xii) Forage and biomass planting, including the use of native prairie seed mixtures. (xiii) Forest stand improvements. (xiv) Grassed waterways. (xv) Hedgerow planting. (xvi) Herbaceous wind barriers. (xvii) Multistory cropping. (xviii) Nutrient management, including nitrogen stewardship activities. (xix) Prescribed grazing. (xx) Range planting. (xxi) Residue and tillage management with no till. (xxii) Residue and tillage management with reduced till. (xxiii) Riparian forest buffers. (xxiv) Riparian herbaceous buffers. (xxv) Silvopasture establishment. (xxvi) Stripcropping. (xxvii) Tree and shrub establishment, including planting for a high rate of carbon sequestration. (xxviii) Upland wildlife habitat. (xxix) Vegetative barriers. (xxx) Wetland restoration. (xxxi) Windbreak renovation. (xxxii) Windbreaks and shelterbelts. (xxxiii) Woody residue treatment. (xxxiv) Any other vegetative or management conservation activity that significantly— (I) reduces greenhouse gas emissions; (II) increases carbon sequestration; or (III) enhances resilience to increased weather volatility. ; (3) in paragraph (2)— (A) in subparagraph (A), by striking or (B) in subparagraph (B), by striking the period at the end and inserting ; or (C) by adding at the end the following: (C) conservation activities relating to climate stewardship practices. ; and (4) in paragraph (3), by striking rotations or advanced grazing management rotations, advanced grazing management, or conservation activities relating to climate stewardship practices (b) Payment limitations Section 1240L(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(f) fiscal years 2019 through 2023 the period of fiscal years 2019 through 2023, the period of fiscal years 2024 through 2028, or the period of fiscal years 2029 through 2033 (c) Funding Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 (1) in subsection (a)(3)(B)(v), by striking $1,000,000,000 $3,000,000,000 (2) by adding at the end the following: (k) Funding for climate stewardship practices Of the funds made available under subsection (a)(3)(B), the Secretary shall set aside $2,000,000,000 for each of fiscal years 2023 through 2031 to be used exclusively to enroll in the conservation stewardship program contracts comprised predominantly of conservation activities relating to climate stewardship practices (as defined in section 1240L(d)(1)) or bundles of practices comprised predominantly of conservation activities relating to climate stewardship practices (as so defined). . 523. Rural Energy for America Program Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 (1) in subsection (c)(3)(A), by striking 25 40 (2) in subsection (f)(1)— (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking for fiscal for each of fiscal years 2014 through 2022; and (C) by adding at the end the following: (F) $500,000,000 for fiscal year 2023 and each fiscal year thereafter. . 524. Conservation and renewable energy programs priority Each socially disadvantaged farmer or rancher, including each eligible Black individual that receives a land grant under section 203(a)(2), shall be given priority— (1) for conservation technical assistance under the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590a et seq. (2) under the conservation stewardship program under subchapter B of that chapter ( 16 U.S.C. 3839aa–21 et seq. (3) under the Rural Energy for America Program established under section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107

Justice for Black Farmers Act of 2023

NIH Reform Act This bill separates the National Institute of Allergy and Infectious Diseases (NIAID) into three separate institutes: the National Institute of Allergic Diseases, the National Institute of Infectious Diseases, and the National Institute of Immunologic Diseases. The bill also requires that the President appoint the directors of the new institutes (under current law, the Director of NIAID is appointed by the Director of the National Institutes of Health). It further requires that the Senate confirm the appointment of the directors of the new institutes and the National Cancer Institute.

118 S960 IS: NIH Reform Act U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 960 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Paul Mr. Lee Mr. Braun Mrs. Blackburn Mr. Hawley Committee on Health, Education, Labor, and Pensions A BILL To replace the National Institute of Allergy and Infectious Diseases with 3 separate national research institutes. 1. Short title This Act may be cited as the NIH Reform Act 2. Division of National Institute of Allergy and Infectious Diseases (a) Organization of national research institutes Section 401 of the Public Health Service Act ( 42 U.S.C. 281 (1) in subsection (b)— (A) in paragraph (6), by striking Allergy and Infectious Diseases Allergic Diseases (B) by redesignating paragraph (25) as paragraph (27); and (C) by inserting after paragraph (24) the following: (25) The National Institute of Infectious Diseases. (26) The National Institute of Immunologic Diseases. ; and (2) in subsection (d)(1), by striking 27 29 (b) Appointment of directors (1) In general Section 405(a)(1) of the Public Health Service Act ( 42 U.S.C. 284(a)(1) (A) by inserting , the Director of the National Institute of Allergic Diseases, the Director of the National Institute of Infectious Diseases, and the Director of the National Institute of Immunologic Diseases National Cancer Institute (B) by inserting by and with the advice and consent of the Senate, the President, (2) Terms Section 405(a) of the Public Health Service Act ( 42 U.S.C. 284(a) (4) Certain appointments by the President The appointments by the President of the Director of the National Institute of Allergic Diseases, the Director of the National Institute of Infectious Diseases, and the Director of the National Institute of Immunologic Diseases shall be for terms of 5 years. Each such Director may be reappointed for not more than 1 additional term, in accordance paragraph (1). . (3) Transition Effective on the date of enactment of this Act, the position of Director of the National Institute of Allergy and Infectious Diseases is terminated, and the National Institute of Allergic Diseases, the National Institute of Infectious Diseases, and the National Institute of Immunologic Diseases shall be overseen by the Director of the National Institutes of Health until such time as the directors of each such national institutes is appointed pursuant to section 405(a)(1) of the Public Health Service Act ( 42 U.S.C. 284(a)(1) (c) Duties of the National Institutes (1) National Institute of Allergic Diseases Subpart 6 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285f et seq. (A) in the subpart heading, by striking Allergy and infectious diseases Allergic Diseases (B) in section 446— (i) by striking Allergy and Infectious Diseases Allergic Diseases (ii) by striking allergic and immunologic diseases and disorders and infectious diseases, including tropical diseases allergic diseases and disorders (2) National Institute of Infectious Diseases (A) In general Part C of title IV of the Public Health Service Act ( 42 U.S.C. 285 et seq. 21 National Institute of Infectious Diseases 464z–10. Purpose of the Institute The general purpose of the National Institute of Infectious Diseases is the conduct and support of research, training, health information dissemination, and other programs with respect to infectious diseases, including tropical diseases. . (B) Transfer of authorities Sections 447A and 447B of the Public Health Service Act ( 42 U.S.C. 285f–2 (i) redesignated as sections 464z–11 and 464z–12, respectively; and (ii) transferred to appear after section 464z–10 of such Act, as added by subparagraph (A). (C) Orderly transition The Director of the National Institutes of Health shall take such steps as are necessary to provide for the orderly transition to the authority of the National Institute of Infectious Diseases established under section 464z–10 of the Public Health Service Act, as added by subparagraph (A), from any authority related to infectious diseases of the National Institute of Allergy and Infectious Diseases, as in effect on the day before the date of enactment of this Act. (3) National Institute of Immunologic Diseases (A) In general Part C of title IV of the Public Health Service Act ( 42 U.S.C. 285 et seq. 22 National Institute of Immunologic Diseases 464z–15. Purpose of the Institute The general purpose of the National Institute of Immunologic Diseases is the conduct and support of research, training, health information dissemination, and other programs with respect to immunologic diseases and disorders. . (B) Transfer of authorities Sections 447 and 447C of the Public Health Service Act ( 42 U.S.C. 285f–1 (i) redesignated as sections 464z–16 and 464z–17, respectively; and (ii) transferred to appear after section 464z–15 of such Act, as added by subparagraph (A). (C) Orderly transition The Director of the National Institutes of Health shall take such steps as are necessary to provide for the orderly transition to the authority of the National Institute of Immunologic Diseases established under section 464z–15 of the Public Health Service Act, as added by subparagraph (A), from any authority related to immunologic diseases and disorders of the National Institute of Allergy and Infectious Diseases, as in effect on the day before the date of enactment of this Act. (d) Conforming amendments (1) Section 404B of the Public Health Service Act ( 42 U.S.C. 283d National Institute for Allergy and Infectious Diseases National Institute for Infectious Diseases (2) Section 404I of the Public Health Service Act ( 42 U.S.C. 283k (A) in subsection (a)(1), by striking or the Director of the National Institute for Allergy and Infectious Diseases (B by striking or the National Institute for Allergy and Infectious Diseases (3) Section 442A(a) of the Public Health Service Act ( 42 U.S.C. 285d–8(a) Allergy and Infectious Diseases Immunologic Diseases (4) Any reference in any law (including a regulation), guidance, map, document, record, or other paper of the United States to the National Institute of Allergy and Infectious Diseases, including with respect to the Director of such Institute, shall be deemed to be a reference to, as applicable, the National Institute of Allergic Diseases, the National Institute of Infectious Diseases, or the National Institute of Immunologic Diseases, including with respect to the Directors of such Institutes.

NIH Reform Act

Salem Maritime National Historical Park Redesignation and Boundary Study Act This bill redesignates the Salem Maritime National Historic Site in Salem, Massachusetts, as the Salem Maritime National Historical Park and directs the Department of the Interior to conduct a boundary study and report to Congress. Such study shall be to evaluate the suitability and feasibility of including in the National Park System, as part of the Salem Maritime National Historical Park, sites and resources in the study area associated with its maritime history, coastal defenses, and military history.

118 S961 IS: Salem Maritime National Historical Park Redesignation and Boundary Study Act U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 961 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Markey Committee on Energy and Natural Resources A BILL To redesignate the Salem Maritime National Historic Site in Salem, Massachusetts, as the Salem Maritime National Historical Park 1. Short title This Act may be cited as the Salem Maritime National Historical Park Redesignation and Boundary Study Act 2. Salem Maritime National Historical Park (a) Redesignation The Salem Maritime National Historic Site in Salem, Massachusetts, shall be known and designated as the Salem Maritime National Historical Park (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the national historic site referred to in subsection (a) shall be deemed to be a reference to the Salem Maritime National Historical Park 3. Boundary study (a) Definitions In this section: (1) Secretary The term Secretary (2) Study area (A) In general The term study area (B) Inclusions The term study area (i) the Salem Armory Visitor Center building; and (ii) the park located adjacent to that building, known as Salem Armory Park (b) Study The Secretary shall conduct a boundary study to evaluate the suitability and feasibility of including in the National Park System, as part of the Salem Maritime National Historical Park (as redesignated by section 2(a)), any sites and resources located in the study area that are associated with— (1) the maritime history of the study area; (2) coastal defenses of the study area; or (3) military history of the study area, including National Guard and militia activity. (c) Report Not later than 3 years after the date on which funds are initially made available to conduct the study under subsection (b), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (1) the results of the study; and (2) any findings, conclusions, and recommendations of the Secretary.

Salem Maritime National Historical Park Redesignation and Boundary Study Act

Global Voices of Freedom Act of 2023 This bill requires certain actions to support and protect human rights defenders, defined in the bill as individuals who use nonviolent means to promote or protect human rights and fundamental freedoms. The bill requires the President to develop a comprehensive interagency strategy to support and protect human rights defenders abroad. The Department of State and the U.S. Permanent Representative to the United Nations must use their voice, vote, and influence to protect human rights defenders at the United Nations and other multilateral bodies (for example, by opposing efforts to block the accreditation of bona fide human right organizations at these institutions). Additionally, the State Department must provide training to certain Foreign Service Officers and presidential appointees on support for human rights defenders.

118 S962 IS: Global Voices of Freedom Act of 2023 U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 962 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Menendez Mr. Cardin Mrs. Shaheen Mr. Coons Mr. Murphy Committee on Foreign Relations A BILL To protect individuals who face reprisals for defending human rights and democracy by enhancing the capacity of the United States Government to prevent, mitigate, and respond in such cases. 1. Short title This Act may be cited as the Global Voices of Freedom Act of 2023 2. Findings Congress finds the following: (1) Seventy-five years ago, the United Nations General Assembly, with leadership from the United States, adopted the Universal Declaration of Human Rights, done at Paris December 10, 1948 (referred to in this section as the Declaration free and equal in dignity and rights (2) Twenty-five years ago, the United Nations unanimously adopted the United Nations Declaration on Human Rights Defenders, which calls upon all States to respect the role of individual citizens and civil society organizations in defending human rights and democratic principles. (3) Human rights defenders advocate for human rights and democratic principles, fight corruption, support good governance, seek to end impunity, support victims of human rights violations, and speak truth to power, creating safeguards against autocratic regimes and backsliding democracies. (4) Increasingly, human rights defenders around the world face threats and violence in retaliation for exercising their civil and political rights, and reprisals against such defenders have grown in number, scale, and sophistication, with online and digital threats evolving rapidly. (5) According to the United Nations High Commissioner for Human Rights, every year hundreds of human rights defenders are murdered and thousands more are subjected to torture, enforced disappearance, sexual violence, hate crimes, unlawful or arbitrary detention, judicial harassment, unlawful or arbitrary digital surveillance, and forced exile. (6) Today, autocratic regimes are engaging in increasingly brutal crackdowns on human rights defenders by co-opting states or collaborating with transnational criminal organizations, paramilitary groups, and other actors to silence critical voices. (7) Such tactics are not limited to autocratic regimes and are now used in every region of the world, accelerating a global decline in respect for human rights and democratic principles. (8) Few attacks against human rights defenders are investigated or prosecuted, and rampant impunity has only spurred further violence, creating a chilling effect on the work of others seeking to promote human rights and democratic principles. (9) Human rights defenders who speak up on behalf of communities that have historically faced discrimination face the highest levels of violence, such as those advocating for Indigenous communities, environmental and climate change justice, and respect for LGBTQ+, women’s, and religious rights. (10) Attacks on human rights defenders are not limited to individuals residing in-country, and many foreign governments engage in transnational repression, reaching across borders to target human rights defenders outside of their country of origin. (11) Although the United States has long played a critical role in supporting human rights defenders, the United States must increase support at United States embassies, consulates, and foreign missions in order to meet the needs of the growing number of human rights defenders at risk. (12) Diplomats of the United States often lack sufficient training or guidance on how to best respond to reprisals against human rights defenders, while human rights defenders often lack clear guidance on how to safely contact United States officials abroad and what support human rights defenders can request when threatened, imprisoned, in exile, or in hiding. (13) Given the dramatic increase in attacks on human rights defenders globally, the current approach by the United States Government to address such attacks is insufficient to adequately respond to the threats human rights defenders face, weakening the ability of the United States to advance human rights and democratic principles at a time when authoritarianism is on the rise. 3. Definitions In this Act— (1) Appropriate congressional committees The term appropriate congressional committees (2) Human rights defender (A) In general The term human rights defender (B) Inclusions The term human rights defender (3) Reprisal The term reprisal (A) violates, intends to violate, or encourages a violation of the rights of a human rights defender; or (B) otherwise prevents a human rights defender from carrying out his or her work. (4) Strategy The term Strategy (5) United Nations Declaration on Human Rights Defenders The term United Nations Declaration on Human Rights Defenders 4. Statement of policy It shall be the policy of the United States— (1) to reaffirm the commitment of the United States to the United Nations Declaration on Human Rights Defenders and to human rights defenders, who, often at great risk to themselves, work to protect and advance human rights and democratic principles; (2) to integrate support for human rights defenders and their protection from reprisals as part of bilateral and multilateral diplomatic, economic, humanitarian, development, law enforcement, security assistance, and anti-corruption activities of the United States; and (3) to view support for human rights defenders and their protection from reprisals as critical foreign policy interests of the United States. 5. Development of a government-wide strategy for human rights defenders (a) In general Not later than 180 days after the date of the enactment of this Act, the President, in consultation with the heads of relevant Federal agencies, shall develop and submit to the appropriate congressional committees a comprehensive interagency strategy to support and protect human rights defenders abroad to be known as the Global Voices of Freedom Strategy. (b) Elements of the Strategy The Strategy shall include detailed information on the following elements: (1) How the United States intends to implement the policy objectives under section 4, including— (A) specific and measurable goals; (B) metrics to measure progress against such goals; and (C) a timeline for implementation. (2) An assessment of tools and resources available at United States embassies and missions to support human rights defenders, including— (A) measures to monitor and respond to reprisals against human rights defenders; and (B) information on implementation of the training required by subparagraph (E) of section 708(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4028(a)(1) (3) Bolstering the ability of United States embassies and missions to prioritize the protection of human rights defenders, including— (A) ensuring the policy objectives under section 4 are addressed in each country-specific Integrated Country Strategy of the Department of State; (B) developing guidance for United States embassies and missions on assessing when and how to respond to reprisals against human rights defenders; (C) identifying a designated point of contact at each United States embassy or mission who— (i) reports directly to the chief of mission; and (ii) shall be responsible for— (I) conducting regular consultations with human rights defenders, including individuals based outside of major urban areas; and (II) tracking patterns of reprisals and managing responses to reprisals, including by assessing the impact of such responses; (D) integrating consideration of reprisals against human rights defenders into engagements by United States embassies and missions with the private sector; (E) providing a secure means, where feasible, by which human rights defenders can contact each United States embassy or mission, respectively publicized on the website of each United States embassy or mission; (F) including requests for additional resources to engage with and support human rights defenders in annual Mission Resource Requests; and (G) acknowledging and rewarding efforts by United States diplomatic personnel to protect human rights defenders as part of annual performance reviews. (4) Seeking to reduce impunity for reprisals against human rights defenders by strengthening accountability for perpetrators, including— (A) using diplomatic pressure to encourage foreign governments to investigate and prosecute persons who order, plan, and carry out reprisals; (B) using diplomatic pressure to respond to patterns of non-lethal reprisals that have an adverse impact on civic space, including the criminalization of nonviolent advocacy, smear campaigns, and illegal surveillance; and (C) increasing support for multilateral initiatives that seek to curb the misuse of dual-use technologies by foreign governments to monitor, harass, or threaten human rights defenders and their families. (c) Implementation In implementing the Strategy, the President shall— (1) establish within the National Security Council an interagency working group that shall be responsible for coordinating implementation of the Strategy; (2) require each relevant Federal agency to provide a specific implementation plan for the Strategy; and (3) consult with human rights defenders and civil society organizations on the design and implementation of the Strategy. (d) Form and availability (1) Form The Strategy shall be submitted in unclassified form, but may include a classified annex, if necessary. (2) Briefing Not later than 30 days prior to publication of the Strategy in accordance with paragraph (3), the Under Secretary for Civilian Security, Democracy, and Human Rights shall brief the appropriate congressional committees on the Strategy. (3) Public Availability The unclassified portion of the Strategy shall be made available to the public, including through publication in the Federal Register. 6. Protecting human rights defenders at the United Nations and other multilateral bodies The Secretary of State and the United States Permanent Representative to the United Nations shall use the voice, vote, and influence of the United States at the United Nations and other multilateral bodies— (1) to promote full participation and oppose efforts that prevent the full participation of human rights defenders and block the accreditation of bona fide human rights organizations at the United Nations and other multilateral bodies; (2) to ensure that the United Nations bolsters the protection and safe participation of human rights defenders who are subject to transnational repression, state harassment, and reprisals; (3) to increase monitoring and reporting to identify and track reprisals against human rights defenders, including human rights defenders who engage with the United Nations and other multilateral bodies; (4) to urge member states to engage with the mandate for the Special Rapporteur on the situation of human rights defenders (referred to in this section as the Special Rapporteur (5) to support the use of targeted sanctions, censure of member states, and all diplomatic tools available to hold responsible persons that engage in reprisals against human rights defenders. 7. Annual country reports on human rights practices Section 116(f)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(f)(1) (1) by redesignating subparagraph (C) as subparagraph (E); and (2) by inserting after subparagraph (B) the following: (C) A description of the treatment of human rights defenders (as defined in section 3 of the Global Voices of Freedom Act of 2023 (D) When feasible, details on the total number of investigations opened into reprisals against human rights defenders, including, for such reprisals, the number of prosecutions, the details of the individuals sentenced, and the percentage of individuals acquitted. . 8. Training Section 708(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4028(a)(1) (1) in subparagraph (C), by striking and (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraph: (E) for Foreign Service Officers and Presidential appointees, including chiefs of mission, in missions abroad who work on political, economic, public diplomacy, security, or development issues, a dedicated module of instruction on support for human rights defenders; and . 9. Authorization of appropriations There is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028 to carry out— (1) the Strategy and reporting requirements described in sections 5 and 7; and (2) the training required by section 8.

Global Voices of Freedom Act of 2023

Loan Forgiveness for Educators Act This bill expands loan forgiveness for educators by revising the Teacher Loan Forgiveness Program. The program provides loan forgiveness (up to $17,500) for teachers who are highly qualified, teach full-time in a low-income elementary or secondary school or educational service agency, and complete five years of consecutive service. Specifically, the bill renames the program as the Educator Loan Forgiveness Programs. Additionally, the bill expands the program by making additional loan types eligible for benefits under the program (e.g., parent PLUS loans). Further, the bill expands program eligibility to early childhood educators and program directors serving in early childhood education programs and school leaders serving in public high-need schools. The bill requires the Department of Education to make monthly student loan payments on behalf of the educator during qualifying service (i.e., employment as a full-time qualifying educator in a high-need school or an early childhood education program), provide complete loan forgiveness after five years of qualifying service, and take steps to notify borrowers about changes to the program.

118 S963 IS: Loan Forgiveness for Educators Act U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 963 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Luján Ms. Baldwin Mr. Booker Mr. Brown Mr. Blumenthal Mr. Casey Ms. Duckworth Mrs. Feinstein Mr. Heinrich Mr. Kaine Mr. Kelly Mr. Markey Mr. Menendez Mr. Merkley Mr. Padilla Mr. Reed Mr. Van Hollen Mr. Wyden Committee on Health, Education, Labor, and Pensions A BILL To provide enhanced student loan relief to educators. 1. Short title This Act may be cited as the Loan Forgiveness for Educators Act 2. Loan forgiveness and cancellation for educators (a) Enhanced teacher loan forgiveness under the FFEL program Section 428J of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 428J. Loan forgiveness for educators (a) Purpose It is the purpose of this section to enhance student access to a well-prepared, diverse, and stable educator workforce by eliminating debt burdens for educators in return for service teaching and leading in high need schools or early childhood education programs. (b) Program authorized Not later than 270 days after the date of enactment of the Loan Forgiveness for Educators Act (c) Forgiveness of covered loans (1) Forgiveness of loans upon completion of qualifying service (A) In General For each qualifying educator who has completed 5 years of qualifying service (including any qualifying service, as defined under this section as in effect after the date of implementation of the Loan Forgiveness for Educators Act (B) Timing The years of qualifying service required under subparagraph (A) may be consecutive or nonconsecutive, and the qualifying educator may elect which years of qualifying service to use for purposes of subparagraph (A). (2) Monthly loan forgiveness Upon application by any qualifying educator who has a covered loan and who is engaged in qualifying service, and in addition to any loan forgiveness under paragraph (1), the Secretary shall enter into an agreement with such qualifying educator, under which— (A) during the period of qualifying service (for qualifying service that occurs after the date of implementation of this Act), the Secretary agrees to assume the obligation to repay the minimum monthly obligation on all covered loans of the qualifying educator, based on the repayment plan selected by the qualifying educator, for— (i) each month of qualifying service; and (ii) any summer or other school or program year calendar breaks scheduled by a high need school or early childhood education program during a school or program year in which the qualifying educator is engaged in qualifying service; (B) during the period of qualifying service, the assumption of the monthly loan obligation provided will serve as a monthly payment, considered paid in full by the qualifying educator, based on the repayment plan selected by the qualifying educator (which, if the qualifying educator chooses, shall include any income driven repayment plan); and (C) during the period of qualifying service, each monthly obligation that is repaid by the Secretary under this paragraph on a covered loan shall be deemed to be a qualifying monthly payment made by the qualifying educator for purposes of the loan forgiveness program under section 455(m), if applicable. (3) Application The Secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan forgiveness under this subsection. The application shall— (A) be available for qualifying educators to file for loan forgiveness under paragraph (1) and for monthly loan forgiveness under paragraph (2); (B) include any certification requirements that the Secretary determines are necessary to verify qualifying service; and (C) allow for the verification of the qualifying service— (i) in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school, by a school leader or the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator’s designee); (ii) in the case of an early childhood educator serving in an early childhood education program, by the director of that program (or the director’s designee); (iii) in the case of a school leader serving in a high need school, by the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator’s designee); (iv) in the case of a director of an early childhood education program, a leader of the entity overseeing the early childhood education program; and (v) in the case of a family child care provider or the director of an early childhood education program that operates as a standalone center-based program (for example, a case in which the center is not part of a larger company) that is an early childhood education program, by self-certification with supporting documents, such as a business license, a listing with a public Child Care Resources and Referral website, or proof of participation in a Federal child care or preschool subsidy program. (4) Parent plus loans (A) Parent PLUS Loan on behalf of a student who is a qualifying educator A borrower of a parent loan under section 428B issued on behalf of a student who is a qualifying educator shall qualify for loan forgiveness and any other benefits under this section for the qualifying service of the student in the same manner and to the same extent as the student borrower qualifies for such loan forgiveness and other benefits. (B) Parent PLUS Loan borrowed by a parent who is a qualifying educator The borrower of a parent loan under section 428B issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. (5) Recipients of Prior Forgiveness A qualifying educator who received loan forgiveness under this section as in effect before the date of enactment of the Loan Forgiveness for Educators Act of 2022— (A) shall be eligible for loan forgiveness of covered loans in accordance with paragraph (1), including any remaining covered loans; and (B) may count the service completed that qualified the qualifying educator for previous loan forgiveness as qualifying service for purposes of paragraph (1). (6) Prohibition on requiring repayment A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). (d) Regulations The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (e) Construction Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. (f) List (1) In general The Secretary, shall— (A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and (B) annually update such list. (2) List from previous year If the list of high need schools in which a qualifying educator may perform qualifying service is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make a determination about whether an individual meets the requirements for qualifying service. (g) Additional eligibility provisions (1) Continued eligibility Any qualifying educator who performs qualifying service in a school that— (A) is a high need school in any school year during such service; and (B) in a subsequent school year fails to meet the definition of a high need school may continue to serve in such school and shall be eligible for loan forgiveness pursuant to subsection (b). (2) Prevention of double benefits No qualifying educator may, for the same service, receive a benefit under both this section and— (A) section 428K; or (B) subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. (3) No penalty for promotions Any qualifying educator who performs qualifying service in an early childhood education program or high need school and who is promoted to another position within that early childhood program or high need school after 1 or more years of qualifying service may continue to be employed in such position in such program or school and shall be eligible to count the period of employment in such position as qualifying service for loan forgiveness pursuant to subsection (b). (h) Definitions In this section: (1) Bureau of Indian Education funded elementary or secondary school The term Bureau of Indian Education funded elementary or secondary school (A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; (B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. (C) an elementary or secondary school or dormitory operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (2) Bureau of Indian Education early childhood development program The term Bureau of Indian Education early childhood development program (A) a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 (B) an early childhood education program operated or funded by the Bureau of Indian Education (including Family and Child Education programs at schools funded by the Bureau of Indian Education authorized under section 1121 of the Education Amendments of 1978 ( 25 U.S.C. 2001 (3) Covered loan The term covered loan (4) Early childhood education program The term early childhood education program (A) a high-need early childhood education program as defined in section 200; (B) a Head Start program (including an Early Head Start program) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. (C) an early childhood education program, as defined in section 103; (D) a Bureau of Indian Education early childhood development program; (E) a Native Hawaiian education system early childhood education program; (F) a Tribal early childhood education program; or (G) a consortium of entities described in any of subparagraphs (A) through (F). (5) High need school The term high need school (A) a public elementary or secondary school— (i) with respect to which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children enrolled in such school; and (ii) that is served by a local educational agency that is eligible for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; (B) a public elementary or secondary school or location operated by an educational service agency in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total number of children enrolled in such school or location; (C) a public elementary or secondary school identified by the State for comprehensive support and improvement, targeted support and improvement, or additional targeted support and improvement, under section 1111 of the Elementary and Secondary Education Act of 1965; (D) a Bureau of Indian Education funded elementary or secondary school; (E) an elementary or secondary school operated by a Tribal educational agency; or (F) a Native Hawaiian education system. (6) Indian tribe The term Indian Tribe 25 U.S.C. 5131 (7) Native hawaiian education system The term Native Hawaiian education system 20 U.S.C. 7515 (8) Qualifying educator Subject to subsection (i), the term qualifying educator (A) an elementary or secondary school teacher who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; (B) an early childhood educator who provides care or instruction to children; (C) a school leader of an elementary or secondary school who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; or (D) an early childhood education program director (including a family child care provider). (9) Qualifying service (A) In General Subject to subparagraph (B), the term qualifying service (i) in the case of a qualifying educator described in subparagraph (A) or (C) of paragraph (8), employment as a full-time qualifying educator in a high need school; and (ii) in the case of a qualifying educator described in subparagraph (B) or (D) of paragraph (8), employment as a full-time qualifying educator in an early childhood education program (including school-based programs). (B) Exception In the case of a qualifying educator who is unable to complete a full school or program year of service, that year may still be counted toward the required qualifying service period under paragraphs (1) and (2) of subsection (c) if— (i) the qualifying educator completed at least one-half of the school or program year; (ii) the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases, tenure, and retirement; and (iii) the qualifying educator was unable to complete the school or program year because— (I) the qualifying educator returned to postsecondary education, on at least a half-time basis, in an area of study directly related to the performance of the qualifying service; (II) the qualifying educator experienced a condition described in section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 (III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or (IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. (10) School Leader The term school leader (11) Tribal early childhood education program The term Tribal early childhood education program (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. (B) A Tribal child care and development program carried out under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 (ii) is a Tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. (12) Tribal educational agency The term Tribal educational agency (13) Year The term year (i) Special rule An educator that provides instruction or curricular development in an Alaska Native, American Indian, or Native Hawaiian language or a Native American language as defined in the Native American Languages Act ( 25 U.S.C. 2902 . (b) Enhanced teacher loan cancellation under the Direct Loan program Section 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j 460. Loan cancellation for educators (a) Purpose It is the purpose of this section to enhance student access to a well-prepared, diverse, and stable educator workforce by eliminating debt burdens for educators in return for service teaching and leading in high need schools or early childhood education programs. (b) Program authorized Not later than 270 days after the date of enactment of the Loan Forgiveness for Educators Act (c) Cancellation of covered loans (1) Cancellation of loans upon completion of qualifying service (A) In General For each qualifying educator who has completed 5 years of qualifying service (including any qualifying service, as defined under this section as in effect after the date of implementation of the Loan Forgiveness for Educators Act (B) Timing The years of qualifying service required under subparagraph (A) may be consecutive or nonconsecutive, and the qualifying educator may elect which years of qualifying service to use for purposes of this section. (2) Monthly loan cancellation Upon application by any qualifying educator of a covered loan who is engaged in qualifying service, and in addition to any loan cancellation under paragraph (1), the Secretary shall enter into an agreement with such qualifying educator, under which— (A) during the period of qualifying service (for qualifying service that occurs after the date of implementation of this Act), the Secretary agrees to cancel the minimum monthly obligation on all covered loans of the qualifying educator based on the repayment plan selected by the qualifying educator (which, if the educator chooses, shall include any income driven repayment plan), for— (i) each month of qualifying service; and (ii) any summer or other school or program year calendar breaks scheduled by a qualifying school or early childhood education program during a school or program year in which the qualifying educator is engaged in qualifying service; (B) during the period of qualifying service, interest shall not accrue on the qualifying educator’s covered loans; and (C) during the period of qualifying service, each monthly obligation that is cancelled by the Secretary under this paragraph on a covered loan shall be deemed to be a qualifying monthly payment made by the qualifying educator for purposes of the loan forgiveness program under section 455(m), if applicable. (3) Application The Secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan cancellation under this subsection. The application shall— (A) be available for qualifying educators to file for loan cancellation under paragraph (1) and for monthly loan cancellation under paragraph (2); (B) include any certification requirements that the Secretary determines are necessary to verify qualifying service; and (C) allow for the verification of the qualifying service— (i) in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school, by a school leader or the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); (ii) in the case of an early childhood educator serving in a early childhood education program, by the director of that program (or the director’s designee); (iii) in the case of a school leader serving in a high need school, by the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); (iv) in the case of a director of an early childhood education program, a leader of the entity overseeing the early childhood education program; and (v) in the case of a family child care provider or the director of an early childhood education program that operates as a standalone center-based program (for example, a case in which the center is not part of a larger company) that is an early childhood education program, by self-certification with supporting documents, such as a business license, a listing with a public Child Care Resources and Referral website, or proof of participation in a Federal child care or preschool subsidy program. (4) Parent plus loans (A) Parent PLUS Loan on behalf of a student who is a qualifying educator A borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is a qualifying educator shall qualify for loan forgiveness and any other benefits under this section for the qualifying service of the student in the same manner and to the same extent as the student borrower qualifies for such loan forgiveness and other benefits. (B) Parent PLUS Loan borrowed by a parent who is a qualifying educator The borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. (5) Recipients of prior loan cancellation A qualifying educator who received loan cancellation under this section as in effect before the date of enactment of the Loan Forgiveness for Educators Act (A) shall be eligible for loan cancellation of covered loans in accordance with subsection (c)(1), including any remaining covered loans; and (B) may count the service completed that qualified the qualifying educator for previous loan cancellation as qualifying service for purposes of subsection (c)(1). (6) Prohibition on requiring repayment A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). (d) Regulations The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (e) Construction Nothing in this section shall be construed to authorize any refunding of any canceled loan. (f) List (1) In General The Secretary shall— (A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and (B) annually update such list. (2) List from previous year If the list of high need schools in which a qualifying educator may perform qualifying service is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make a determination about whether an individual meets the requirements for qualifying service. (g) Additional eligibility provisions (1) Continued eligibility Any qualifying educator who performs qualifying service in a school that— (A) is a high need school in any school year during such service; and (B) in a subsequent school year fails to meet the definition of a high need school may continue to serve in such school and shall be eligible for loan cancellation pursuant to subsection (b). (2) Prevention of double benefits No qualifying educator may, for the same service, receive a benefit under both this section and— (A) section 428K; or (B) subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. (3) No penalty for promotions Any qualifying educator who performs qualifying service in an early childhood education program or high need school and who is promoted to another position within that early childhood program or high need school after 1 or more years of qualifying service may continue to be employed in such position in such program or school and shall be eligible to count the period of employment in such position as qualifying service for loan cancellation pursuant to subsection (b). (h) Definitions In this section: (1) Bureau of Indian Education funded elementary or secondary school The term Bureau of Indian Education funded elementary or secondary school (A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; (B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. (C) an elementary or secondary school or dormitory operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (2) Bureau of Indian Education early childhood development program The term Bureau of Indian Education early childhood development program (A) a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 (B) an early childhood education program operated or funded by the Bureau of Indian Education (including Family and Child Education programs at schools funded by the Bureau of Indian Education authorized under section 1121 of the Education Amendments of 1978 ( 25 U.S.C. 2001 (3) Covered loan The term covered loan (4) Early childhood education program The term early childhood education program (A) a high-need early childhood education program as defined in section 200; (B) a Head Start program (including an Early Head Start program) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. (C) an early childhood education program, as defined in section 103; (D) a Bureau of Indian Education early childhood development program; (E) a Native Hawaiian education system early childhood education program; (F) a Tribal early childhood education program; or (G) a consortium of entities described in any of subparagraphs (A) through (F). (5) High need school The term high need school (A) a public elementary or secondary school— (i) with respect to which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children enrolled in such school; and (ii) that is served by a local educational agency that is eligible for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; (B) a public elementary or secondary school or location operated by an educational service agency in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total number of children enrolled in such school or location; (C) a public elementary or secondary school identified by the State for comprehensive support and improvement, targeted support and improvement, or additional targeted support and improvement, under section 1111 of the Elementary and Secondary Education Act of 1965; (D) a Bureau of Indian Education funded elementary or secondary school; (E) an elementary or secondary school operated by a Tribal educational agency; or (F) a Native Hawaiian education system. (6) Indian tribe The term Indian Tribe 25 U.S.C. 5131 (7) Native hawaiian education system The term Native Hawaiian education system 20 U.S.C. 7515 (8) Qualifying educator Subject to subsection (i), the term qualifying educator (A) an elementary or secondary school teacher who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; (B) an early childhood educator who provides care or instruction to children; (C) a school leader of an elementary or secondary school who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; or (D) an early childhood education program director (including a family child care provider). (9) Qualifying service (A) In General Subject to subparagraph (B), the term qualifying service (i) in the case of a qualifying educator described in subparagraph (A) or (C) of paragraph (8), employment as a full-time qualifying educator in a high need school; and (ii) in the case of a qualifying educator described in subparagraph (B) or (D) of paragraph (8), employment as a full-time qualifying educator in an early childhood education program (including school-based programs). (B) Exception In the case of a qualifying educator who is unable to complete a full school or program year of service, that year may still be counted toward the required qualifying service period under paragraphs (1) and (2) of subsection (c) if— (i) the qualifying educator completed at least one-half of the school or program year; (ii) the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases, tenure, and retirement; and (iii) the qualifying educator was unable to complete the school or program year because— (I) the qualifying educator returned to postsecondary education, on at least a half-time basis, in an area of study directly related to the performance of the qualifying service; (II) the qualifying educator experienced a condition described in section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 (III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or (IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. (10) School Leader The term school leader (11) Tribal early childhood education program The term Tribal early childhood education program (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. (B) A Tribal child care and development program carried out under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 (ii) is a Tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. (12) Tribal educational agency The term Tribal educational agency (13) Year The term year (i) Special rule An educator that provides instruction or curricular development in an Alaska Native, American Indian, or Native Hawaiian language or a Native American language as defined in the Native American Languages Act ( 25 U.S.C. 2902 . (c) Effective date; Program name (1) Effective date The amendments made by subsections (a) and (b) shall take effect on the day that is 180 days after the date of enactment of this Act. (2) Program name The programs under section 428J and 460 of the Higher Education Act of 1965, as amended by subsections (a) and (b), shall be known as Educator Loan Forgiveness Programs. (d) Technical amendment Section 455(m)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)(4) section 428J, 428K, 428L, or 460 section 428K or 428L 3. Notice to borrowers Not later than 180 days after the Secretary of Education implements the programs under this Act, the Secretary, in coordination with the Secretary of Health and Human Services, shall take such steps as may be necessary to inform high need schools and early childhood education programs (as defined in section 460 of the Higher Education Act of 1965, as amended by this Act), Head Start programs (including Early Head Start programs) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. 20 U.S.C. 1078–10 4. Waiver of negotiated rulemaking In carrying out this Act and any amendments made by this Act, or any regulations promulgated under this Act or under such amendments, the Secretary of Education may waive the application of negotiated rulemaking under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a

Loan Forgiveness for Educators Act

Success for Rural Students and Communities Act of 2023 This bill establishes a grant program through which the Department of Education may award funds to eligible partnerships to support rural postsecondary education and economic growth and development in rural communities. A grant recipient must be a partnership whose members represent at least three designated types of organizations, specifically (1) a local educational agency or educational service agency serving a rural area, (2) an institution of higher education (IHE), (3) a regional economic development entity, or (4) a rural community-serving organization with demonstrated success supporting rural students in accessing higher education and attaining degrees. A grant recipient must use awarded funds to carry out no fewer than two specified activities, namely (1) improving postsecondary enrollment rates for rural secondary school students, (2) increasing enrollment and completion rates of rural nontraditional students in degree programs at IHEs, (3) creating or strengthening academic programs at rural-serving IHEs to prepare graduates to enter into high-need occupations in the regional and local economies, or (4) generating local and regional economic development that creates employment opportunities for rural students with postsecondary degrees.

118 S965 IS: Success for Rural Students and Communities Act of 2023 U.S. Senate 2023-04-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 965 IN THE SENATE OF THE UNITED STATES March 23, 2023 Ms. Collins Ms. Hassan Mr. Cornyn Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To establish a rural postsecondary and economic development grant program. 1. Short title This Act may be cited as the Success for Rural Students and Communities Act of 2023 2. Rural postsecondary and economic development grant program Part Q of title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161q 862. Rural postsecondary and economic development grant program (a) Purposes The purposes of this section are to— (1) increase enrollment and graduation rates of secondary school graduates and nontraditional students from rural areas at 2-year and 4-year institutions of higher education, their articulation from 2-year degree programs into 4-year degree programs, and their attainment of market-relevant credentials and certificates; (2) ensure rural communities benefit from their students’ success by advancing rural economic development and cultivation of a skilled local workforce with employment opportunities for college graduates; (3) promote economic growth and development in the rural United States through partnership grants to consortia of rural serving institutions of higher education, local educational agencies, and regional economic development entities; (4) foster innovation and development of effective practices, identify and document effective practices for the purpose of continuous quality improvement, and ensure that additional rural areas benefit from innovations through dissemination of practices that are most effective in rural areas; and (5) foster elevated levels of investment in rural students and communities by State, private sector, and philanthropic partners. (b) Definitions For the purposes of this section: (1) Nontraditional student The term nontraditional student (A) delays enrollment in an institution of higher education by 3 or more years after secondary school graduation; (B) attends an institution of higher education part-time; or (C) attends an institution of higher education and— (i) works full-time; (ii) is an independent student, as defined in section 480; (iii) has 1 or more dependents other than a spouse; (iv) is a single parent or is the primary caregiver for a family member; (v) is aging out of foster care; (vi) has been involved in the juvenile justice system or the adult criminal justice system; or (vii) is in recovery from a substance use disorder. (2) Regional economic development entity The term regional economic development entity (3) Rural area The term rural area (4) Rural serving institution of higher education The term rural serving institution of higher education (c) Eligible Partnership (1) Eligible partnership A partnership eligible to apply for a grant and carry out activities under this section (referred to in this section as an eligible partnership (A) A local educational agency or educational service agency (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965) serving a rural area. (B) An institution of higher education. (C) A regional economic development entity. (D) A rural community-serving organization, including a philanthropy, with demonstrated success supporting rural students in accessing higher education and attaining 2-year or 4-year degrees, including supporting students articulating from a 2-year to a 4-year college. (2) Optional partners Other organizations serving rural students, families, or communities, including agencies of Tribal, State, or local government, community action agencies, or other non-governmental agencies, and local elected officials may participate in the eligible partnership as optional partners. (3) Lead applicant Any required partner in an eligible partnership described in paragraph (1) may be designated by the eligible partnership to serve as the lead applicant and submit a competitive application on behalf of the eligible partnership of which that partner entity is a member. (4) Limitation No more than 1 partner may submit a grant application under this section on behalf of an eligible partnership. (d) Grants authorized (1) In general From amounts made available under subsection (j), the Secretary may award grants, on a competitive basis, to eligible partnerships to carry out the activities described in subsection (f). (2) Duration A grant awarded under this section shall be awarded for a period of not less than 5 years and not more than 9 years. (3) Minimum grants A grant awarded under this section shall be in an amount not less than $1,000,000. (e) Applications (1) In General Each eligible partnership desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Special considerations In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the most potential and propose the most promising and innovative approaches for— (A) increasing the number and percentage of graduates from rural secondary schools who enroll in and graduate from institutions of higher education; (B) increasing the number of market-relevant credentials and certificates awarded to students in rural communities; (C) meeting the employment needs of regional employers; (D) strengthening the regional economy of a rural area; (E) utilizing Labor Market Information data to determine regional job growth opportunities and connect that information to education and other partners; and (F) creating shared data systems accessible to all partners. (f) Match As part of the application, each eligible partnership applying for a grant under this section shall secure and document commitments of matching funds, in cash or in kind, totaling not less than 20 percent of the amount of grant funding that the eligible partnership is requesting in the application. Matching funds may be contributed from any non-Federal source, including a State, local, private, nonprofit, or philanthropic source. (g) Use of funds An eligible partnership that receives a grant under this section shall use grant and matching funds to carry out not less than 2 of the following 4 activities: (1) Improving postsecondary enrollment rates for rural secondary school students by providing supports to students, beginning as early as middle school, but in no case later than grade 11, and continuing through completion of postsecondary education. Such supports may include— (A) providing students and families with counseling related to applying for postsecondary education, and Federal and State financial assistance for postsecondary education; (B) providing students at rural high schools, and their families, with exposure and access to campuses, courses, programs, and internships of institutions of higher education, including covering the cost of transportation to and from such institutions; (C) providing students of rural high schools exposure and access to courses offering dual or concurrent enrollment that will earn credits towards postsecondary degrees, credentials, or certificates; (D) supporting early connectivity to regional employment opportunities for rural students, including early opportunities for career exploration and exposure, expanding career counseling and opportunities for work-based learning experiences, opportunities available through career and technical education schools, and designing and implementing college and career pathways in secondary schools that align to local labor market demands; (E) supporting the transition of students from high school to postsecondary education; (F) supporting students in completing their postsecondary degree or credential; (G) supporting the transition of students articulating from 2-year degree programs to 4-year degree programs; and (H) other initiatives that assist students and families in developing interest in, applying for, attending, and graduating from rural serving institutions of higher education. (2) Increasing enrollment and completion rates of rural nontraditional students in degree programs at institutions of higher education, which may include— (A) programs to provide nontraditional students with counseling related to applying for postsecondary education, and Federal and State financial assistance for postsecondary education; (B) community outreach initiatives to encourage nontraditional students to enroll in an institution of higher education; (C) programs to increase rural nontraditional student persistence in and completion of postsecondary education; or (D) programs to improve the enrollment of nontraditional students in 2-year degree programs and the transition of nontraditional students articulating from 2-year degree programs to 4-year degree programs. (3) Creating or strengthening academic programs at rural serving institutions of higher education to prepare graduates to enter into high-need occupations in the regional and local economies, and to provide additional career training to such students in fields relevant to the regional economy. Such activities may include— (A) developing and expanding work-based learning opportunities, such as apprenticeships or paid internships, including covering the cost of transportation or the cost of internet access for virtual opportunities; (B) establishing policies and processes for assessing and awarding course credit for prior learning; (C) developing and expanding programs that accelerate learning and recognized postsecondary credential attainment, including competency-based education, corequisite remediation, and other strategies for acceleration; (D) developing and expanding efficient career pathways to credentials, including the development of stackable credentials and integrated education and training strategies; (E) working with local boards on the use of labor market information for making program decisions; or (F) engaging employers in the development of programs and curricula. (4) Generating local and regional economic development that creates employment opportunities for rural students with postsecondary degrees, which may include— (A) promoting and incentivizing remote work opportunities to connect local talent with non-local employers; (B) supporting entrepreneurship as a part of career pathways in secondary school and postsecondary academic and career programs; (C) developing strategies to address transportation and internet connectivity gaps that create barriers to employment opportunities in rural areas; (D) designing and implementing marketing efforts to attract employers and talent to the region or community; or (E) developing strategies to identify start-up funding for local entrepreneurs. (h) Technical assistance The Secretary may reserve not more than 5 percent of funds authorized to be appropriated to carry out this section to provide technical assistance to assist eligible partnerships in preparing and submitting successful applications, and to support grantees in the successful implementation of grant awards under this section. (i) Research, evaluation, and dissemination of promising practices (1) Ongoing data collection and research The Secretary shall reserve not less than 10 percent of the amount appropriated to carry out this section for the purpose of— (A) ongoing data collection and research to— (i) identify innovative practices that improve attainment of market-relevant credentials, certificates, and degrees for rural students; or (ii) enhance rural economic development that results in employment opportunities for graduates of postsecondary education in rural areas; and (B) dissemination of the findings related to that data collection and research on a regular basis throughout the duration of the grant period. (2) Data collection and research by grantees At the Secretary’s discretion, data collection and research under this subsection may be conducted by eligible partnerships. (3) Purpose; prohibited use (A) In General The purpose of data collection and research under this subsection shall be to identify, document, and disseminate effective practices throughout the duration of the grant period in order to support continuous quality improvement of programs funded under this section. (B) Prohibited use To incentivize innovation, experimentation, and collaboration, findings that result from data collection and research under this subsection shall not be used for the purpose of denying subsequent applications for Federal funds. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $60,000,000 for fiscal year 2024 and each of the 5 succeeding fiscal years. .

Success for Rural Students and Communities Act of 2023

Northwest Energy Security Act This bill requires Federal Columbia River Power System (FCRPS) operations to be consistent with a specified decision. The system includes dams in the Columbia and Snake rivers in the Pacific Northwest. Specifically, the Bureau of Reclamation, the Bonneville Power Administration, and the U.S. Army Corps of Engineers must operate the FCRPS consistent with the Columbia River System Operations Environmental Impact Statement Record of Decision dated September 2020. The preferred alternative outlined in that decision would allow specified dams in the lower Snake River to remain in place. The decision may be amended if each agency determines that (1) changes are necessary for public safety or electrical grid reliability, or (2) certain requirements in the decision are no longer necessary. Further, the bill requires statutory authorization for any structural modification, action, study, or engineering plan that (1) restricts FCRPS hydroelectric dam generation; or (2) limits navigation on the Snake River in Washington, Oregon, or Idaho.

118 S966 IS: Northwest Energy Security Act U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 966 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Risch Mr. Daines Committee on Environment and Public Works A BILL To provide for operations of the Federal Columbia River Power System pursuant to a certain operation plan for a specified period of time, and for other purposes. 1. Short title The Act may be cited as the Northwest Energy Security Act 2. Definitions In this Act: (1) FCRPS The term FCRPS (2) Secretaries The term Secretaries (A) the Secretary of the Interior, acting through the Commissioner of Reclamation; (B) the Secretary of Energy, acting through the Administrator of the Bonneville Power Administration; and (C) the Secretary of the Army, acting through the Chief of Engineers. (3) Supplemental Opinion The term Supplemental Opinion Columbia River System Operations Environmental Impact Statement Record of Decision 3. Operation of FCRPS The Secretaries shall operate the FCRPS in a manner consistent with the reasonable and prudent alternative described in the Supplemental Opinion. 4. Amendments to supplemental opinion (a) In general Notwithstanding section 3, the Secretaries may amend portions of the Supplemental Opinion and operate the FCRPS in accordance with those amendments if all of the Secretaries determine, in the sole discretion of each Secretary, that— (1) the amendment is necessary for public safety or transmission and grid reliability; or (2) the actions, operations, or other requirements that the amendment would remove are no longer warranted. (b) Restriction on amendments The process described in subsection (a) shall be the only method by which the Secretaries may operate the FCRPS in any way that is not consistent with the reasonable and prudent alternative set forth in the Supplemental Opinion. 5. Limitation on restricting FCRPS electrical generation; clarification (a) Restricting FCRPS electrical generation No structural modification, action, study, or engineering plan that restricts electrical generation at any FCRPS hydroelectric dam, or that limits navigation on the Snake River in the State of Washington, Oregon, or Idaho, shall proceed unless such proposal is specifically and expressly authorized by a Federal statute enacted after the date of the enactment of this Act. (b) Clarification Nothing in this section affects or interferes with the authority of the Secretaries to conduct operation and maintenance activities or make capital improvements necessary to meet authorized project purposes of FCRPS facilities.

Northwest Energy Security Act

Keep China Out of Solar Energy Act of 2023 This bill prohibits federal procurement of solar panels manufactured or assembled in China. Specifically, the bill directs the Office of Management and Budget (OMB) to develop standards and guidelines for executive agencies to prohibit (1) federal funds from being awarded for the procurement of solar panels that are manufactured or assembled by any entity domiciled in China or subject to influence or control by the government of China or the Chinese Communist Party, and (2) the use of government-issued purchase cards to purchase solar panels that are manufactured or assembled by any such entity. The Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the prohibition with respect to federal contracts and subcontracts. The bill sets forth provisions regarding waivers, quarterly reports by the OMB to Congress, and a report by the Government Accountability Office. The OMB shall seek to enter into a contract with a federally funded research and development center under which the center will study (1) the current and future domestic market of solar panel production, (2) the ability of the solar panel domestic market to keep pace with technological advancements across the industry, and (3) the current global supply chain and workforce involved with solar panel production.

118 S968 IS: Keep China Out of Solar Energy Act of 2023 U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 968 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Scott of Florida Mr. Hawley Mr. Rubio Mr. Cotton Committee on Homeland Security and Governmental Affairs A BILL To prohibit the procurement of solar panels manufactured or assembled in the People's Republic of China. 1. Short title This Act may be cited as the Keep China Out of Solar Energy Act of 2023 2. Prohibition on procurement of solar panels from covered foreign entities (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall develop standards and guidelines for executive agencies to— (1) prohibit Federal funds from being awarded by contract, subcontract, grant, or subgrant for the procurement of solar panels that are manufactured or assembled by a covered entity; and (2) prohibit the use of Government-issued purchase cards to purchase solar panels that are manufactured or assembled by a covered entity. (b) Amendment of Federal Acquisition Regulation Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the prohibition established pursuant to subsection (a)(1) with respect to Federal contracts and subcontracts. 3. Exemption waiver (a) In general The head of an executive agency may obtain a waiver from the prohibition implemented pursuant to section 2 if the agency head certifies to the Secretary of State and the Secretary of Homeland Security that the covered entity is the only viable source for the solar panels and the Secretary of State and the Secretary of Homeland Security jointly approve the waiver request. (b) Notification requirements (1) In general The head of an agency requesting a waiver under this section shall notify the Director of the Office of Management and Budget of the request. The Director of the Office of Management and Budget shall submit to the appropriate congressional committees a quarterly report listing requests listing under subsection (a), including whether each such request was approved or rejected. (2) Appropriate congressional committees In this subsection, the term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives. 4. Comptroller General report Not later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of solar panels procured by Federal departments and agencies from covered entities. 5. Study (a) Independent study Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall seek to enter into a contract with a federally funded research and development center under which the center will conduct a study of— (1) the current and future domestic market of solar panel production; (2) the ability of the solar panel domestic market to keep pace with technological advancements across the industry; and (3) the current global supply chain and workforce involved with solar panel production. (b) Submission to Congress Not later than 30 days after the date on which the Director of the Office of Management and Budget receives the study under subsection (b), the Director shall submit the study to— (1) the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Energy and Commerce of the House of Representatives. 6. Definitions In this Act: (1) Covered entity The term covered entity (2) Executive agency The term executive agency (3) Solar panel The term solar panel

Keep China Out of Solar Energy Act of 2023

Quantum in Practice Act This bill includes quantum modeling and simulation within the definition of quantum information science for purposes of various federal research and development initiatives, programs, and activities. Quantum information science refers to the use of the laws of quantum physics to store, transmit, manipulate, compute, or measure information, and quantum modeling and simulation refers to the use of quantum computing hardware to determine the properties of quantum systems (e.g., the properties of materials such as high-temperature superconductors and modeling nuclear and particle physics).

118 S969 IS: Quantum in Practice Act U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 969 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Young Mr. Warnock Committee on Commerce, Science, and Transportation A BILL To amend the National Quantum Initiative Act to make certain additions relating to quantum modeling and simulation, and for other purposes. 1. Short title This Act may be cited as the Quantum in Practice Act 2. Findings Congress finds the following: (1) Quantum computing has the potential to spur advancements in molecular modeling and simulation that will benefit people in the United States. (2) Quantum molecular simulations and modeling will enable scientists to study chemical elements and reactions with accuracy and speed that is far beyond the abilities of existing supercomputers. (3) Advances in molecular simulations and modeling would give researchers tools that could lead to breakthroughs across industries and sectors, including— (A) modeling the nitrogen fixation process utilized by bacteria, which could be used to develop synthetic fertilizers without the high energy and material costs of current methods, creating the next generation of fertilizers; (B) creating more effective medications and reducing harmful interactions or side effects; (C) developing new materials to increase energy storage capacity and create more powerful battery technologies; (D) developing lighter, stronger metals; (E) creating materials for more durable protective gear for law enforcement and military; and (F) developing new types of superconductors. 3. Quantum modeling and simulation (a) Definition of quantum information science Section 2(6) of the National Quantum Initiative Act ( 15 U.S.C. 8801(6) modeling, simulation, computing, (b) Quantum information science research program Section 401(b)(3) of such Act ( 15 U.S.C. 8851(b)(3) (1) in subparagraph (F), by striking ; and (2) in subparagraph (G), by striking the semicolon and inserting ; and (3) by adding at the end the following: (H) quantum molecular modeling or simulation; .

Quantum in Practice Act

Filling Public Safety Vacancies Act The bill provides additional funding for grants for the hiring and rehiring of additional career law enforcement officers under the Department of Justice's Community Oriented Policing Services (COPS) program. The bill also requires law enforcement agencies that use the funds to hire or rehire a law enforcement officer to (1) perform a background check on the law enforcement officer, and (2) ensure that the law enforcement officer undergoes a psychological evaluation.

118 S972 IS: Filling Public Safety Vacancies Act U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 972 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Ossoff Mrs. Blackburn Committee on Appropriations A BILL Making emergency supplemental appropriations for the hiring and rehiring of additional career law enforcement officers for the fiscal year ending September 30, 2023, and for other purposes. 1. Short title This Act may be cited as the Filling Public Safety Vacancies Act 2. Appropriation (a) In general There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023, to remain available until expended, $162,000,000 for additional amounts for grants for the hiring and rehiring of additional career law enforcement officers under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (b) Background checks and psychological evaluations A law enforcement agency using amounts appropriated under subsection (a) to hire or rehire a law enforcement officer— (1) shall— (A) perform a background check on the law enforcement officer; and (B) ensure that the law enforcement officer undergoes a psychological evaluation; and (2) shall use amounts appropriated under subsection (a) or other funds of the law enforcement agency to cover the cost of carrying out the requirements under paragraph (1). 3. Emergency designation (a) In general The amounts provided by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (b) Designation in house and senate The amounts provided by this Act are designated as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.

Filling Public Safety Vacancies Act

Protecting Equal Opportunity from ESG Act This bill prohibits racial hiring quotas by federal contractors. Specifically, the bill requires each executive agency to take steps to ensure that each contract entered into by the agency includes requirements that the contractor certify that, during the five-year period immediately preceding the date on which the contract is entered into, the contractor did not initiate, carry out, or enforce any system of quotas, benchmarks, or goals regarding employment practices that encourage or require discrimination on the basis of race; and not, during the performance of the contract, initiate, carry out, or enforce any such system. The bill makes an exception where the Department of Labor determines that special circumstances in the national interest so require. Labor shall have the authority to investigate potential violations and obtain compliance. The bill establishes penalties for noncompliance.

118 S973 IS: Protecting Equal Opportunity from ESG Act U.S. Senate 2023-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 973 IN THE SENATE OF THE UNITED STATES March 23, 2023 Mr. Cotton Mr. Scott of Florida Mr. Hagerty Mr. Hawley Committee on Homeland Security and Governmental Affairs A BILL To prohibit Federal contractors from imposing racial hiring quotas, benchmarks, or goals. 1. Short title This Act may be cited as the Protecting Equal Opportunity from ESG Act 2. Purpose Acknowledging that distinctions between citizens solely because of their ancestry are, by their very nature, odious to a free people whose institutions are founded upon the doctrine of equality, and recognizing that existing regulations have failed to eradicate the use of racial hiring quotas among Federal contractors, the purpose of this Act is to require contracts with the Federal Government to include an equal opportunity clause prohibiting racial hiring quotas, benchmarks, or goals. 3. Definitions For purposes of this Act: (1) Contractor The term contractor (A) means any person that is awarded a contract with the Federal Government or a subcontract under such a contract, including any subcontractor (at any tier) of such person; and (B) includes a person that— (i) is a lessor or lessee; or (ii) is an employer of a worker performing work on a contract with the Federal Government whose wages are calculated pursuant to a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) (2) Employment practices The term employment practices (A) means all terms and conditions of employment (including of any paid or unpaid fellowship or internship), including all practices relating to the screening, recruitment, referral, nomination, selection, training, appointment, promotion, demotion, and assignment of personnel; and (B) includes advertising, hiring, assignments, classification, discipline, layoff and termination, upgrading, transfer, leave practices, rate of pay, fringe benefits, or other forms of pay or credit for services rendered and use of facilities. (3) Executive agency The term executive agency (4) National interest The term national interest (A) means a national security interest, economic interest, or public health and welfare interest; and (B) does not include any purported interest in— (i) racial or social justice objectives, affirmative action agendas, or any other race-based considerations; or (ii) promoting, enabling, or excusing any policy, initiative, or practice of an employer concerning— (I) environmental, social, and governance (commonly known as ESG (II) diversity, equity, and inclusion (commonly known as DEI (III) corporate social responsibility (commonly known as CSR (5) Secretary The term Secretary 4. Prohibition on imposing racial hiring quotas (a) In general The head of each executive agency shall, except as provided in subsection (b), ensure that each contract entered into by the executive agency on or after the date of enactment of this Act includes requirements that the contractor shall— (1) certify that, during the 5-year period immediately preceding the date on which the contract is entered into, the contractor did not initiate, carry out, or enforce any system of quotas, benchmarks, or goals in regard to employment practices that encourage or require any discrimination on the basis of race; and (2) not, during the performance of the contract, initiate, carry out, or enforce any system of quotas, benchmarks, or goals in regard to employment practices which encourage or require any discrimination on the basis of race. (b) Exception for lookback requirement Notwithstanding subsection (a), the Secretary may exempt the head of an executive agency from the requirement to include the certification described in subsection (a)(1) in a specific contract, subcontract, or purchase order if the Secretary determines that special circumstances in the national interest so require. 5. Regulations and implementation (a) Regulations required (1) Department of labor Not later than 90 days after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to implement this Act. (2) Federal acquisition regulation Not later than 90 days after the date on which the Secretary issues regulations under paragraph (1), the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation, consistent with such regulations, to provide for inclusion in any Federal procurement solicitation or contract the requirements under section 4. (b) Agency implementation Not later than 90 days after the date on which the Secretary issues any regulations under subsection (a)(1) and except as provided in section 4(b), the head of each executive agency shall ensure that any contract entered into by the executive agency complies with the requirements set forth in section 4(a). 6. Enforcement (a) In general The Secretary shall have the authority to investigate potential violations of this Act and obtain compliance, including as provided in subsection (b). (b) Penalties for noncompliance In the case of a contractor that violates a contract requirement under section 4— (1) the relevant executive agency may cancel, terminate, or suspend (in whole or in part) the applicable contract; and (2) the Secretary may initiate a debarment proceeding with respect to the contractor.

Protecting Equal Opportunity from ESG Act

WIC Healthy Beginnings Act of 2023 This bill requires the Department of Agriculture (USDA) to make available online certain information about solicitations for infant formula bids under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Under current law, state agencies must control infant formula costs in the WIC program through competitive bidding for infant formula rebate contracts. The bill requires state WIC agencies to provide USDA with a description of open solicitations for these competitive bids that includes the title of the solicitation, the state agency administering the solicitation, and other relevant information for the USDA to publish online.

118 S974 IS: WIC Healthy Beginnings Act of 2023 U.S. Senate 2023-03-27 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. 974 IN THE SENATE OF THE UNITED STATES March 27, 2023 Mr. Marshall Mrs. Gillibrand Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to make publicly available information on infant formula procurement under the special supplemental nutrition program for women, infants, and children. 1. Short title This Act may be cited as the WIC Healthy Beginnings Act of 2023 2. Infant formula procurement online source of information Section 17(h)(8)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(8)(A) (xi) Infant formula procurement online source of information (I) In general Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. (II) State agencies In soliciting bids for infant formula under the program, a State agency, or a State agency on behalf of a State alliance, shall submit to the Secretary, not later than 5 business days after the date on which a bid solicitation is made available online to bidders by the State, a description of the bid solicitation, including— (aa) the title of the bid solicitation and the State agency administering the bid solicitation; (bb) the website hyperlink and other information needed for the purpose of submitting a bid in response to the bid solicitation; (cc) the contact information and website hyperlink for the State agency administering the bid solicitation, for the purpose of gathering additional information relating to the bid solicitation; and (dd) the period during which bids are accepted or the due date for bids, as applicable, under the bid solicitation. (III) Publication Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall make that description publicly available. (IV) Guidance The Secretary shall issue guidance to implement this clause. .

WIC Healthy Beginnings Act of 2023

Reforming Broadband Connectivity Act of 2023 This bill requires the Federal Communications Commission (FCC) to make changes to the financing of the Universal Service Fund. This fund, which is financed by fees contributed by telecommunications carriers, supports programs to expand the availability of and access to telecommunications services. Specifically, the bill directs the FCC to (1) study the need for expanding the fund's contribution base to ensure fairness and equity in applicable contribution requirements, and (2) reform the fund's contribution system through rulemaking. In carrying out the rulemaking, the FCC must consider the findings and recommendations of its study and the impact of changes on consumers, businesses, and seniors.

118 S975 IS: Reforming Broadband Connectivity Act of 2023 U.S. Senate 2023-03-27 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. 975 IN THE SENATE OF THE UNITED STATES March 27, 2023 Ms. Klobuchar Mr. Thune Mr. Hickenlooper Mr. Moran Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission to reform the contribution system of the Universal Service Fund, and for other purposes. 1. Short title This Act may be cited as the Reforming Broadband Connectivity Act of 2023 2. Study and report Not later than 120 days after the date of enactment of this Act, the Federal Communications Commission (referred to in this Act as the Commission (1) conduct a study assessing the need to expand the contribution base of the Universal Service Fund to ensure that the contribution requirement under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d) (2) submit to Congress a report on the results of the study conducted under paragraph (1). 3. Universal service fund contribution system reform (a) In general Not later than 1 year after the date of enactment of this Act, the Commission shall complete a rulemaking to reform the contribution system of the Universal Service Fund, including by expanding the contribution base of the Universal Service Fund. (b) Considerations In conducting the rulemaking required under subsection (a), the Commission shall consider— (1) the relative equities and burdens of the proposed changes to the contribution system of the Universal Service Fund with respect to consumers and businesses; (2) the impact of the proposed changes to the contribution system of the Universal Service Fund on seniors; and (3) the findings and recommendations in the report submitted under section 2(2).

Reforming Broadband Connectivity Act of 2023

After Hours Child Care Act This bill establishes a pilot program for the Administration for Children & Families to award grants to increase the capacity of child care providers to deliver services to families in which a parent is working nontraditional work hours (e.g., before 9:00 a.m., after 5:00 p.m., or on a Saturday or Sunday).

118 S976 IS: After Hours Child Care Act U.S. Senate 2023-03-27 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. 976 IN THE SENATE OF THE UNITED STATES March 27, 2023 Mr. Young Ms. Hassan Committee on Health, Education, Labor, and Pensions A BILL To establish and expand child care programs for parents who work nontraditional hours, and for other purposes. 1. Short title This Act may be cited as the After Hours Child Care Act 2. Child Care and Development Innovation Fund (a) Establishment The Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. (1) by redesignating section 658P as section 658T, and moving that section 658T to follow section 658S; and (2) by adding at the end the following: 658U. Child Care and Development Innovation Fund (a) Purpose The purpose of this section is to— (1) improve child care access for parents working hours outside of traditional 9 to 5 work hours, such as parents working an evening, night, or weekend shift; and (2) address the needs of working parents with young children, so that the parents are able to stay attached to the workforce, attain eligibility for promotions and salary increases, and amass savings. (b) Definitions In this section: (1) Child care program The term child care program (2) Nontraditional work hours The term nontraditional work hours (A) are before 9 a.m. or after 5 p.m. on a weekday; (B) are on a Saturday or Sunday; or (C) are scheduled within 7 days before required attendance at work for those work hours. (3) Secretary The term Secretary (4) State educational agency; local educational agency The terms State educational agency local educational agency 20 U.S.C. 7801 et seq. (c) General authority (1) Grants Not later than 90 days after the date of enactment of the After Hours Child Care Act (A) expanding capacity for an existing (as of January 1, 2024) child care program, including such a program of a family child care provider to serve families in which a parent is working nontraditional work hours; (B) entering into an enrollment-based contract with— (i) an eligible child care provider to serve such families; or (ii) a fiscal intermediary such as a staffed network of family child care providers, child care resource and referral organization, or entity operating a child care facilities fund for the services of multiple eligible child care providers to serve such families; (C) planning activities, including conducting a needs assessment and outreach to existing eligible child care providers (existing on the date of the outreach); (D) establishing an onsite child care program at a workplace to serve such families; (E) expanding capacity for an onsite child care program at a workplace to serve such families; or (F) establishing a child care program, including a program of a family child care provider with the primary goal of serving such families. (2) Duration The Secretary shall award the grant for a period of 5 years. A grant awarded under this section may not be renewed. (3) Amount The Secretary shall award the grant in an amount of not less than $25,000 and not more than $500,000. (d) Eligible entities To be eligible to receive a grant under this section, an entity shall be— (1) an eligible child care provider; or (2) a partnership of— (A) an eligible child care provider; and (B) a lead agency, business, child care resource and referral organization, community development financial institution, staffed network of family child care providers, another intermediary with experience supporting child care providers, or another appropriate entity. (e) Application To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Use of funds An entity that receives a grant under this section may use the grant funds for activities that may include— (1) staffing the child care program involved; (2) improving the child care facility and related equipment; (3) establishing or improving the curriculum of the child care program; (4) assisting eligible child care providers in meeting health and safety requirements, achieving licensure or registration as a child care provider, or improving quality; (5) acquiring other items needed for the child care program; and (6) providing training in the prevention of sudden infant death syndrome and safe sleep practices. (g) Match The non-Federal share of the cost described in subsection (c)(1) shall be 25 percent. (h) Report Not less often than every 2 years, the Secretary shall prepare and submit to Congress a report that includes information on the number of children served under this section, the employment status of their parents, general information to demonstrate the impact of activities carried out under grants under this section on child care availability, and other information relevant to the grants made under this section. (i) Relationship to other requirements None of the requirements of this subchapter, other than section 658T, shall apply to this section. No reference in this subchapter to this subchapter (j) Authorization There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2024 through 2028. . (b) Conforming amendments (1) Application provisions Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2) (A) in subparagraph (A)(i)(II), by striking 658P(2) 658T(2) (B) in subparagraph (K)(i)(IV), by striking 658P(6)(B) 658T(6)(B) (2) Report provisions Section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858i(a)(2) (A) in subparagraph (A), by striking 658P(6) 658T(6) (B) in subparagraph (F), by striking 658P(6)(B) 658T(6)(B)

After Hours Child Care Act

H-1B and L-1 Visa Reform Act of 2023 This bill modifies requirements related to H-1B (specialty occupation) and L-1 (intracompany transfers) nonimmigrant visas and contains related provisions. Provisions relating to H-1B visas include requiring the Department of Labor to review petitions for indicators of fraud or misrepresentation of material fact; requiring the Department of Homeland Security (DHS) to prioritize certain petitions, with top priority for workers with advanced degrees in science, technology, or engineering; requiring an H-1B worker to possess at minimum a bachelor's degree to meet specialty occupation requirements (currently, relevant experience may be used instead); and prohibiting an individual classifiable in certain H-1B categories from obtaining a B-1 (temporary business visitor) visa. Provisions relating to L-1 visas include requiring a waiver from Labor for an L-1 worker to be primarily stationed with an employer other than the petitioning employer; prohibiting an individual from receiving an L-1 visa to open or be employed in a new office if the individual has received two or more such visas in the last two years; and increasing the L-1 worker minimum wage to the highest of certain amounts, such as the median wage for the worker's occupational classification in the area of employment (currently, an L-1 worker must be paid at least the higher of the federal or state minimum wage). In regards to both visas, the bill (1) expands the authority of DHS and Labor to take various enforcement actions, and (2) directs DHS to conduct annual audits of a certain percentage of employers.

108 S979 IS: H–1B and L–1 Visa Reform Act of 2023 U.S. Senate 2023-03-27 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. 979 IN THE SENATE OF THE UNITED STATES March 27, 2023 Mr. Durbin Mr. Grassley Mr. Sanders Mr. Tuberville Mr. Brown Mr. Blumenthal Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to reform and reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the H–1B and L–1 Visa Reform 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—H–1B visa fraud and abuse protections Subtitle A—H–1B employer application requirements Sec. 101. Modification of application requirements. Sec. 102. New application requirements. Sec. 103. Application review requirements. Sec. 104. H–1B visa allocation. Sec. 105. H–1B workers employed by institutions of higher education. Sec. 106. Specialty occupation to require an actual degree. Sec. 107. Labor condition application fee. Sec. 108. H–1B subpoena authority for the Department of Labor. Sec. 109. Limitation on extension of H–1B petition. Sec. 110. Elimination of B–1 visas in lieu of H–1 visas. Subtitle B—Investigation and disposition of complaints against H–1B employers Sec. 111. General modification of procedures for investigation and disposition. Sec. 112. Investigation, working conditions, and penalties. Sec. 113. Waiver requirements. Sec. 114. Initiation of investigations. Sec. 115. Information sharing. Sec. 116. Conforming amendment. Subtitle C—Other protections Sec. 121. Posting available positions through the Department of Labor. Sec. 122. Transparency and report on wage system. Sec. 123. Requirements for information for H–1B and L–1 nonimmigrants. Sec. 124. Additional Department of Labor employees. Sec. 125. Technical correction. Sec. 126. Application. TITLE II—L–1 visa fraud and abuse protections Sec. 201. Prohibition on displacement of United States workers and restricting outplacement of L–1 nonimmigrants. Sec. 202. L–1 employer petition requirements for employment at new offices. Sec. 203. Cooperation with Secretary of State. Sec. 204. Investigation and disposition of complaints against L–1 employers. Sec. 205. Wage rate and working conditions for L–1 nonimmigrants. Sec. 206. Penalties. Sec. 207. Prohibition on retaliation against L–1 nonimmigrants. Sec. 208. Adjudication by Department of Homeland Security of petitions under blanket petition. Sec. 209. Reports on employment-based nonimmigrants. Sec. 210. Specialized knowledge. Sec. 211. Technical amendments. Sec. 212. Application. I H–1B visa fraud and abuse protections A H–1B employer application requirements 101. Modification of application requirements (a) General application requirements Section 212(n)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1)(A) (A) The employer— (i) is offering and will offer to H–1B nonimmigrants, during the period of authorized employment for each H–1B nonimmigrant, wages that are determined based on the best information available at the time the application is filed and which are not less than the highest of— (I) the locally determined prevailing wage level for the occupational classification in the area of employment; (II) the median wage for all workers in the occupational classification in the area of employment; and (III) the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and (ii) will provide working conditions for such H–1B nonimmigrant that will not adversely affect the working conditions of United States workers similarly employed by the employer or by an employer with which such H–1B nonimmigrant is placed pursuant to a waiver under paragraph (2)(E). . (b) Internet posting requirement Section 212(n)(1)(C) of such Act ( 8 U.S.C. 1182(n)(1)(C) (1) by redesignating clause (ii) as subclause (II); (2) by striking (i) has provided (ii) (I) has provided ; and (3) by inserting before clause (ii), as redesignated by paragraph (2), the following: (i) has posted on the internet website described in paragraph (3), for at least 30 calendar days, a detailed description of each position for which a nonimmigrant is sought that includes a description of— (I) the wages and other terms and conditions of employment; (II) the minimum education, training, experience, and other requirements for the position; and (III) the process for applying for the position; and . (c) Wage determination information Section 212(n)(1)(D) of such Act ( 8 U.S.C. 1182(n)(1)(D) the wage determination methodology used under subparagraph (A)(i), shall contain (d) Application of requirements to all employers (1) Nondisplacement Section 212(n)(1)(E) of such Act ( 8 U.S.C. 1182(n)(1)(E) (E) (i) The employer— (I) will not at any time displace a United States worker with 1 or more H–1B nonimmigrants; and (II) did not displace and will not displace a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer. (ii) The 180-day periods referred to in clause (i) may not include any period of on-site or virtual training of H–1B nonimmigrants by employees of the employer. . (2) Recruitment Section 212(n)(1)(G)(i) of such Act ( 8 U.S.C. 1182(n)(1)(G)(i) In the case of an application described in subparagraph (E)(ii), subject Subject (e) Waiver requirement Section 212(n)(1)(F) of such Act ( 8 U.S.C. 1182(n)(1)(F) (F) The employer will not place, outsource, lease, or otherwise contract for the services or placement of H–1B nonimmigrants with another employer, regardless of the physical location where such services will be performed, unless the employer of the alien has been granted a waiver under paragraph (2)(E). . 102. New application requirements Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) (H) (i) The employer, or a person or entity acting on the employer’s behalf, has not advertised any available position specified in the application in an advertisement that states or indicates that— (I) such position is only available to an individual who is or will be an H–1B nonimmigrant; or (II) an individual who is or will be an H–1B nonimmigrant shall receive priority or a preference in the hiring process for such position. (ii) The employer has not primarily recruited individuals who are or who will be H–1B nonimmigrants to fill such position. (I) If the employer employs 50 or more employees in the United States— (i) the sum of the number of such employees who are H–1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) does not exceed 50 percent of the total number of employees; and (ii) the employer’s corporate organization has not been restructured to evade the limitation under clause (i). (J) If the employer, in such previous period as the Secretary shall specify, employed 1 or more H–1B nonimmigrants, the employer shall submit to the Secretary the Internal Revenue Service Form W–2 Wage and Tax Statements filed by the employer with respect to the H–1B nonimmigrants for such period. . 103. Application review requirements (a) Technical amendment Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) The employer (K) The employer. . (b) Application review requirements Section 212(n)(1)(K), as designated by subsection (a), is amended— (1) in the fourth sentence, by inserting and through the Department of Labor’s website, without charge. D.C. (2) in the fifth sentence, by striking only for completeness for completeness, indicators of fraud or misrepresentation of material fact, (3) in the sixth sentence— (A) by striking or obviously inaccurate , presents indicators of fraud or misrepresentation of material fact, or is obviously inaccurate (B) by striking within 7 days of not later than 14 days after (4) by adding at the end the following: If the Secretary of Labor’s review of an application identifies indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2). 104. H–1B visa allocation Section 214(g)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(3) (1) by striking the first sentence and inserting the following: (A) Subject to subparagraph (B), aliens who are subject to the numerical limitations under paragraph (1)(A) shall be issued visas, or otherwise provided nonimmigrant status, in a manner and order established by the Secretary of Homeland Security, by regulation. ; and (2) by adding at the end the following: (B) The Secretary shall consider petitions for nonimmigrant status under section 101(a)(15)(H)(i)(b) in the following order: (i) Petitions for nonimmigrants described in section 101(a)(15)(F) who, while physically present in the United States, have earned an advanced degree in a field of science, technology, engineering, or mathematics from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) (ii) Petitions certifying that the employer will be paying the nonimmigrant the median wage for skill level 4 in the occupational classification found in the most recent Occupational Employment Statistics survey. (iii) Petitions for nonimmigrants described in section 101(a)(15)(F) who are graduates of any other advanced degree program, undertaken while physically present in the United States, from an institution of higher education described in clause (i). (iv) Petitions certifying that the employer will be paying the nonimmigrant the median wage for skill level 3 in the occupational classification found in the most recent Occupational Employment Statistics survey. (v) Petitions for nonimmigrants described in section 101(a)(15)(F) who are graduates of a bachelor’s degree program, undertaken while physically present in the United States, in a field of science, technology, engineering, or mathematics from an institution of higher education described in clause (i). (vi) Petitions for nonimmigrants described in section 101(a)(15)(F) who are graduates of bachelor’s degree programs, undertaken while physically present in the United States, in any other fields from an institution of higher education described in clause (i). (vii) Petitions for aliens who will be working in occupations listed in Group I of the Department of Labor’s Schedule A of occupations in which the Secretary of Labor has determined there are not sufficient United States workers who are able, willing, qualified, and available. (viii) Petitions filed by employers meeting the following criteria of good corporate citizenship and compliance with the immigration laws: (I) The employer is in possession of— (aa) a valid E-Verify company identification number; or (bb) if the enterprise is using a designated agent to perform E-Verify queries, a valid E-Verify client company identification number and documentation from U.S. Citizenship and Immigration Services that the commercial enterprise is a participant in good standing in the E-Verify program. (II) The employer is not under investigation by any Federal agency for violation of the immigration laws or labor laws. (III) A Federal agency has not determined, during the immediately preceding 5 years, that the employer violated the immigration laws or labor laws. (IV) During each of the preceding 3 fiscal years, at least 90 percent of the petitions filed by the employer under section 101(a)(15)(H)(i)(b) were approved. (V) The employer has filed, pursuant to section 204(a)(1)(F), employment-based immigrant petitions, including an approved labor certification application under section 212(a)(5)(A), for at least 90 percent of employees imported under section 101(a)(15)(H)(i)(b) during the preceding 3 fiscal years. (ix) Any remaining petitions. (C) In this paragraph the term field of science, technology, engineering, or mathematics . 105. H–1B workers employed by institutions of higher education Section 214(g)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(5) is employed (or has received an offer of employment) at is employed by (or has received an offer of employment from) 106. Specialty occupation to require an actual degree Section 214(i) of the Immigration and Nationality Act ( 8 U.S.C. 1184(i) (1) in paragraph (1), by amending subparagraph (B) to read as follows: (B) attainment of a bachelor’s or higher degree in the specific specialty directly related to the occupation as a minimum for entry into the occupation in the United States. ; and (2) by striking paragraph (2) and inserting the following: (2) For purposes of section 101(a)(15)(H)(i)(b), the requirements under this paragraph, with respect to a specialty occupation, are— (A) full State licensure to practice in the occupation, if such licensure is required to practice in the occupation; or (B) if a license is not required to practice in the occupation— (i) completion of a United States degree described in paragraph (1)(B) for the occupation; or (ii) completion of a foreign degree that is equivalent to a United States degree described in paragraph (1)(B) for the occupation. . 107. Labor condition application fee Section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) (6) (A) The Secretary of Labor shall promulgate a regulation that requires applicants under this subsection to pay a reasonable application processing fee. (B) All of the fees collected under this paragraph shall be deposited as offsetting receipts within the general fund of the Treasury in a separate account, which shall be known as the H–1B Administration, Oversight, Investigation, and Enforcement Account . 108. H–1B subpoena authority for the Department of Labor Section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2) (1) by redesignating subparagraph (I) as subparagraph (J); and (2) by inserting after subparagraph (H) the following: (I) The Secretary of Labor is authorized to take such actions, including issuing subpoenas and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to ensure employer compliance with the terms and conditions under this subsection. The rights and remedies provided to H–1B nonimmigrants under this subsection are in addition to any other contractual or statutory rights and remedies of such nonimmigrants and are not intended to alter or affect such rights and remedies. . 109. Limitation on extension of H–1B petition Section 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) (4) (A) Except as provided in subparagraph (B), the period of authorized admission of a nonimmigrant described in section 101(a)(15)(H)(i)(b) may not exceed 3 years. (B) The period of authorized admission of a nonimmigrant described in subparagraph (A) who is the beneficiary of an approved employment-based immigrant petition under section 204(a)(1)(F) may be authorized for a period of up to 3 additional years if the total period of stay does not exceed six years, except for an extension under section 104(c) or 106(b) of the American Competitiveness in the Twenty-first Century Act of 2000 ( 8 U.S.C. 1184 . 110. Elimination of B–1 visas in lieu of H–1 visas Section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) (12) Unless otherwise authorized by law, an alien normally classifiable under section 101(a)(15)(H)(i) who seeks admission to the United States to provide services in a specialty occupation described in paragraph (1) or (3) of subsection (i) may not be issued a visa or admitted under section 101(a)(15)(B) for such purpose. Nothing in this paragraph may be construed to authorize the admission of an alien under section 101(a)(15)(B) who is coming to the United States for the purpose of performing skilled or unskilled labor if such admission is not otherwise authorized by law. . B Investigation and disposition of complaints against H–1B employers 111. General modification of procedures for investigation and disposition Section 212(n)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(A) (1) by striking (A) Subject (A) (i) Subject ; (2) by striking 12 months two years (3) by striking the last sentence; and (4) by adding at the end the following: (ii) (I) Upon the receipt of a complaint under clause (i), the Secretary may initiate an investigation to determine if such failure or misrepresentation has occurred. (II) In conducting an investigation under subclause (I), the Secretary may— (aa) conduct surveys of the degree to which employers comply with the requirements under this subsection; and (bb) conduct compliance audits of employers that employ H–1B nonimmigrants. (III) The Secretary shall— (aa) conduct annual compliance audits of not fewer than 1 percent of the employers that employ H–1B nonimmigrants during the applicable calendar year; (bb) conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H–1B nonimmigrants; and (cc) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause. (iii) The process for receiving complaints under clause (i) shall include a hotline that is accessible 24 hours a day, by telephonic and electronic means. . 112. Investigation, working conditions, and penalties Section 212(n)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(C) (1) in clause (i)— (A) in the matter preceding subclause (I), by striking a condition of paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I) a condition under subparagraph (A), (B), (C), (D), (E), (F), (G)(i), (H), (I), or (J) of paragraph (1) (B) in subclause (I)— (i) by striking $1,000 $5,000 (ii) by striking and (C) in subclause (II)— (i) by striking the Attorney General shall not approve petitions the Secretary of Homeland Security or the Secretary of State, as appropriate, shall not approve petitions or applications (ii) by striking under section 204 or 214(c) under section 101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e) (iii) by striking the period at the end and inserting ; and (D) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits. ; (2) in clause (ii)— (A) in subclause (I)— (i) by striking may shall (ii) by striking $5,000 $25,000 (B) in subclause (II)— (i) by striking the Attorney General shall not approve petitions the Secretary of Homeland Security or the Secretary of State, as appropriate, shall not approve petitions or applications (ii) by striking under section 204 or 214(c) under section 101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e) (iii) by striking the period at the end and inserting ; and (C) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits. ; (3) in clause (iii)— (A) in the matter preceding subclause (I), by striking the employer displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application a United States worker employed at a worksite that the employer supplies with nonimmigrant workers was displaced in violation of paragraph (1)(E) or the conditions of a waiver under subparagraph (E) (B) in subclause (I)— (i) by striking may shall (ii) by striking $35,000 $150,000 (iii) by striking and (C) in subclause (II)— (i) by striking the Attorney General shall not approve petitions the Secretary of Homeland Security or the Secretary of State, as appropriate, shall not approve petitions or applications (ii) by striking under section 204 or 214(c) under section 101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e) (iii) by striking the period at the end and inserting ; and (D) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits. ; (4) by striking clause (iv) and inserting the following: (iv) (I) An employer that has filed an application under this subsection violates this clause by taking, failing to take, or threatening to take or fail to take a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee— (aa) disclosed information that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection; or (bb) cooperated or sought to cooperate with the requirements under this subsection or any rule or regulation pertaining to this subsection. (II) In this subparagraph, the term employee (aa) a current employee; (bb) a former employee; and (cc) an applicant for employment. (III) An employer that violates this clause shall be liable to the employee harmed by such violation for lost wages and benefits. ; and (5) in clause (v)— (A) by inserting (I) (v) (B) by adding at the end the following: (II) Upon the termination of an H–1B nonimmigrant’s employment on account of such alien’s disclosure of information or cooperation in an investigation described in clause (iv), the nonimmigrant stay of any beneficiary and any dependents listed on the beneficiary’s petition will be authorized and the alien will not accrue any period of unlawful presence under section 212(a)(9) for a 90-day period or until the expiration of the authorized validity period, whichever comes first, following the date of such termination for the purpose of departure or extension of nonimmigrant status based upon a subsequent offer of employment. ; and (6) in clause (vi)— (A) by amending subclause (I) to read as follows: (I) It is a violation of this clause for an employer that has filed an application under this subsection— (aa) to require an H–1B nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date agreed to by the nonimmigrant and the employer; or (bb) to fail to offer to an H–1B nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including— (AA) the opportunity to participate in health, life, disability, and other insurance plans; (BB) the opportunity to participate in retirement and savings plans; and (CC) cash bonuses and noncash compensation, such as stock options (whether or not based on performance). ; and (B) in subclause (III), by striking $1,000 $5,000 113. Waiver requirements (a) In general Section 212(n)(2)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(E) (E) (i) The Secretary of Labor may waive the prohibition under paragraph (1)(F) if the Secretary determines that the employer seeking such waiver has established that— (I) the employer with which the H–1B nonimmigrant would be placed— (aa) will not at any time displace a United States worker with 1 or more H–1B nonimmigrants; and (bb) has not displaced and will not displace a United States worker employed by the employer within the period beginning 180 days before the date of the placement of the nonimmigrant with the employer and ending 180 days after such date (not including any period of on-site or virtual training of H–1B nonimmigrants by employees of the employer); (II) the H–1B nonimmigrant will be principally controlled and supervised by the petitioning employer; and (III) the placement of the H–1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with which the H–1B nonimmigrant will be placed. (ii) The Secretary shall grant or deny a waiver under this subparagraph not later than seven days after the date on which the Secretary receives an application for such waiver. . (b) Rulemaking (1) Rules for waivers The Secretary of Labor, after notice and a period for comment, shall promulgate a final rule for an employer to apply for a waiver under section 212(n)(2)(E) of the Immigration and Nationality Act, as amended by subsection (a). (2) Requirement for publication The Secretary of Labor shall submit to Congress, and publish in the Federal Register and in other appropriate media, a notice of the date on which the rules required under paragraph (1) are promulgated. 114. Initiation of investigations Section 212(n)(2)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(G) (1) in clause (i), by striking if the Secretary of Labor with regard to the employer’s compliance with the requirements under this subsection. (2) in clause (ii), by striking and whose identity failure or failures. the Secretary may conduct an investigation into the employer’s compliance with the requirements under this subsection. (3) in clause (iii), by striking the last sentence; (4) by striking clauses (iv) and (v); (5) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (6) in clause (iv), as redesignated, by striking meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months comply with the requirements under this subsection unless the Secretary of Labor receives the information not later than 2 years (7) by amending clause (v), as redesignated, to read as follows: (v) (I) Except as provided in subclause (II), the Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation under this subparagraph. Such notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. (II) The Secretary of Labor is not required to comply with subclause (I) if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements under this subsection. (III) A determination by the Secretary of Labor under this clause shall not be subject to judicial review. ; (8) in clause (vi), as redesignated, by striking An investigation the determination. If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary, not later than 120 days after the date of such determination, shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code. (9) by adding at the end the following: (vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty in accordance with subparagraph (C). . 115. Information sharing Section 212(n)(2)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(H) (H) The Director of U.S. Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by employers of H–1B nonimmigrants as part of the petition adjudication process that indicates that the employer is not complying with visa program requirements for H–1B nonimmigrants. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph. . 116. Conforming amendment Section 212(n)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(F) The preceding sentence shall apply to an employer regardless of whether or not the employer is an H–1B-dependent employer. C Other protections 121. Posting available positions through the Department of Labor (a) Department of Labor website Section 212(n)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(3) (3) (A) Not later than 90 days after the date of the enactment of the H–1B and L–1 Visa Reform Act of 2023 (B) The Secretary may work with private companies or nonprofit organizations to develop and operate the internet website described in subparagraph (A). (C) The Secretary may promulgate rules, after notice and a period for comment, to carry out this paragraph. . (b) Publication requirement The Secretary of Labor shall submit to Congress, and publish in the Federal Register and in other appropriate media, a notice of the date on which the internet website required under section 212(n)(3) of the Immigration and Nationality Act, as amended by subsection (a), will be operational. (c) Application The amendment made by subsection (a) shall apply to any application filed on or after the date that is 30 days after the date described in subsection (b). 122. Transparency and report on wage system (a) Immigration documents Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 (m) Employer To provide immigration paperwork exchanged with Federal agencies (1) In general Not later than 21 business days after receiving a written request from a former, current, or prospective employee listed as the beneficiary of an employment-based nonimmigrant petition, the employer who filed such petition shall provide such beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency or department that is related to an immigrant or nonimmigrant petition filed by the employer for such employee or beneficiary. (2) Withholding of financial or proprietary information If a document required to be provided to an employee or prospective employee under paragraph (1) includes any sensitive financial or proprietary information of the employer, the employer may redact such information from the copies provided to such person. . (b) GAO report on job classification and wage determinations Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall prepare a report that— (1) analyzes the accuracy and effectiveness of the Secretary of Labor’s current job classification and wage determination system; (2) specifically addresses whether the systems in place accurately reflect the complexity of current job types and geographic wage differences; and (3) makes recommendations concerning necessary updates and modifications. 123. Requirements for information for H–1B and L–1 nonimmigrants Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 (s) Requirements for information for H–1B and L–1 nonimmigrants (1) In general Upon issuing a visa to an applicant, who is outside the United States, for nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15), the issuing office shall provide the applicant with— (A) a brochure outlining the obligations of the applicant’s employer and the rights of the applicant with regard to employment under Federal law, including labor and wage protections; (B) the contact information for appropriate Federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights; and (C) a copy of the petition submitted for the nonimmigrant under section 212(n) or the petition submitted for the nonimmigrant under subsection (c)(2)(A), as appropriate. (2) Applicants inside the united states Upon the approval of an initial petition filed for an alien who is in the United States and seeking status under subparagraph (H)(i)(b) or (L) of section 101(a)(15), the Secretary of Homeland Security shall provide the applicant with the material described in subparagraphs (A), (B), and (C) of paragraph (1). . 124. Additional Department of Labor employees (a) In general The Secretary of Labor is authorized to hire up to 200 additional employees to administer, oversee, investigate, and enforce programs involving nonimmigrant employees described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) (b) Source of funds The cost of hiring the additional employees authorized to be hired under subsection (a) shall be recovered with funds from the H–1B Administration, Oversight, Investigation, and Enforcement Account established under section 212(n)(6) of the Immigration and Nationality Act, as added by section 107. 125. Technical correction Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 An Act to amend and extend the Irish Peace Process Cultural and Training Program Act of 1998 Public Law 108–449 126. Application Except as specifically otherwise provided, the amendments made by this title shall apply to petitions and applications filed on or after the date of the enactment of this Act. II L–1 visa fraud and abuse protections 201. Prohibition on displacement of United States workers and restricting outplacement of L–1 nonimmigrants (a) Restriction on outplacement of L–1 workers Section 214(c)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2)(F) (F) (i) Unless an employer receives a waiver under clause (ii), an employer may not employ an alien, for a cumulative period exceeding 1 year, who— (I) will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 101(a)(15)(L); and (II) will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent, including pursuant to an outsourcing, leasing, or other contracting agreement. (ii) The Secretary of Labor may grant a waiver of the requirements under clause (i) if the Secretary determines that the employer requesting such waiver has established that— (I) the employer with which the alien referred to in clause (i) would be placed— (aa) will not at any time displace (as defined in section 212(n)(4)(B)) a United States worker (as defined in section 212(n)(4)(E)) with 1 or more nonimmigrants described in section 101(a)(15)(L); and (bb) has not displaced and will not displace (as defined in section 212(n)(4)(B)) a United States worker (as defined in section 212(n)(4)(E)) employed by the employer within the period beginning 180 days before the date of the placement of such alien with the employer and ending 180 days after such date (not including any period of on-site or virtual training of nonimmigrants described in section 101(a)(15)(L) by employees of the employer); (II) such alien will be principally controlled and supervised by the petitioning employer; and (III) the placement of the nonimmigrant is not essentially an arrangement to provide labor for hire for an unaffiliated employer with which the nonimmigrant will be placed, rather than a placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary. (iii) The Secretary shall grant or deny a waiver under clause (ii) not later than seven days after the date on which the Secretary receives the application for the waiver. . (b) Prohibition on displacement of United States workers Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) (G) (i) An employer importing an alien as a nonimmigrant under section 101(a)(15)(L)— (I) may not at any time displace (as defined in section 212(n)(4)(B)) a United States worker (as defined in section 212(n)(4)(E)) with 1 or more such nonimmigrants; and (II) may not displace (as defined in section 212(n)(4)(B)) a United States worker (as defined in section 212(n)(4)(E)) employed by the employer during the period beginning 180 days before and ending 180 days after the date of the placement of such a nonimmigrant with the employer. (ii) The 180-day periods referenced in clause (i) may not include any period of on-site or virtual training of nonimmigrants described in clause (i) by employees of the employer. . (c) Rulemaking The Secretary of Homeland Security, after notice and a period for comment, shall promulgate rules for an employer to apply for a waiver under section 214(c)(2)(F)(ii), as added by subsection (a). 202. L–1 employer petition requirements for employment at new offices Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) (H) (i) If the beneficiary of a petition under this paragraph is coming to the United States to open, or to be employed in, a new office, the petition may be approved for up to 12 months only if— (I) the alien has not been the beneficiary of 2 or more petitions under this subparagraph during the immediately preceding 2 years; and (II) the employer operating the new office has— (aa) an adequate business plan; (bb) sufficient physical premises to carry out the proposed business activities; and (cc) the financial ability to commence doing business immediately upon the approval of the petition. (ii) An extension of the approval period under clause (i) may not be granted until the importing employer submits an application to the Secretary of Homeland Security that contains— (I) evidence that the importing employer meets the requirements of this subsection; (II) evidence that the beneficiary of the petition is eligible for nonimmigrant status under section 101(a)(15)(L); (III) a statement summarizing the original petition; (IV) evidence that the importing employer has fully complied with the business plan submitted under clause (i)(I); (V) evidence of the truthfulness of any representations made in connection with the filing of the original petition; (VI) evidence that the importing employer, for the entire period beginning on the date on which the petition was approved under clause (i), has been doing business at the new office through regular, systematic, and continuous provision of goods and services; (VII) a statement of the duties the beneficiary has performed at the new office during the approval period under clause (i) and the duties the beneficiary will perform at the new office during the extension period granted under this clause; (VIII) a statement describing the staffing at the new office, including the number of employees and the types of positions held by such employees; (IX) evidence of wages paid to employees; (X) evidence of the financial status of the new office; and (XI) any other evidence or data prescribed by the Secretary. (iii) A new office employing the beneficiary of an L–1 petition approved under this paragraph shall do business only through regular, systematic, and continuous provision of goods and services for the entire period for which the petition is sought. (iv) Notwithstanding clause (ii), and subject to the maximum period of authorized admission set forth in subparagraph (D), the Secretary of Homeland Security, in the Secretary’s discretion, may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted 12-month period if the importing employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services for the 6 months immediately preceding the date of extension petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances, as determined by the Secretary in the Secretary’s discretion. . 203. Cooperation with Secretary of State Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) (I) The Secretary of Homeland Security shall work cooperatively with the Secretary of State to verify the existence or continued existence of a company or office in the United States or in a foreign country for purposes of approving petitions under this paragraph. . 204. Investigation and disposition of complaints against L–1 employers Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) (J) (i) The Secretary of Homeland Security may initiate an investigation of any employer that employs nonimmigrants described in section 101(a)(15)(L) with regard to the employer’s compliance with the requirements under this subsection. (ii) If the Secretary receives specific credible information from a source who is likely to have knowledge of an employer’s practices, employment conditions, or compliance with the requirements under this subsection, the Secretary may conduct an investigation into the employer’s compliance with the requirements of this subsection. The Secretary may withhold the identity of the source from the employer, and the source’s identity shall not be subject to disclosure under section 552 of title 5, United States Code. (iii) The Secretary shall establish a procedure for any person desiring to provide to the Secretary information described in clause (ii) that may be used, in whole or in part, as the basis for the commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person. (iv) No investigation described in clause (ii) (or hearing described in clause (vi) based on such investigation) may be conducted with respect to information about a failure to comply with the requirements under this subsection, unless the Secretary receives the information not later than 24 months after the date of the alleged failure. (v) Before commencing an investigation of an employer under clause (i) or (ii), the Secretary shall provide notice to the employer of the intent to conduct such investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that to do so would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary under this clause. (vi) If the Secretary, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 120 days after the date of the hearing. (vii) If the Secretary, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty under subparagraph (L). (viii) (I) The Secretary may conduct surveys of the degree to which employers comply with the requirements under this section. (II) The Secretary shall— (aa) conduct annual compliance audits of not less than 1 percent of the employers that employ nonimmigrants described in section 101(a)(15)(L) during the applicable fiscal year; (bb) conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are nonimmigrants described in section 101(a)(15)(L); and (cc) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause. (ix) The Secretary is authorized to take other such actions, including issuing subpoenas and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with the terms and conditions under this paragraph. The rights and remedies provided to nonimmigrants described in section 101(a)(15)(L) under this paragraph are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of such nonimmigrants, and are not intended to alter or affect such rights and remedies. . 205. Wage rate and working conditions for L–1 nonimmigrants (a) In general Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) (K) (i) An employer that employs a nonimmigrant described in section 101(a)(15)(L) for a cumulative period of time in excess of 1 year shall— (I) offer such nonimmigrant, during the period of authorized employment, wages, based on the best information available at the time the application is filed, which are not less than the highest of— (aa) the locally determined prevailing wage level for the occupational classification in the area of employment; (bb) the median wage for all workers in the occupational classification in the area of employment; and (cc) the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and (II) provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed by the employer or by an employer with which such nonimmigrant is placed pursuant to a waiver under subparagraph (F)(ii). (ii) If an employer, in such previous period specified by the Secretary of Homeland Security, employed 1 or more such nonimmigrants, the employer shall provide to the Secretary of Homeland Security the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period. (iii) It is a failure to meet a condition under this subparagraph for an employer who has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— (I) to require such a nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date mutually agreed to by the nonimmigrant and the employer; or (II) to fail to offer to such a nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including— (aa) the opportunity to participate in health, life, disability, and other insurance plans; (bb) the opportunity to participate in retirement and savings plans; and (cc) cash bonuses and noncash compensation, such as stock options (whether or not based on performance). . (b) Rulemaking The Secretary of Homeland Security, after notice and a period of comment and taking into consideration any special circumstances relating to intracompany transfers, shall promulgate rules to implement the requirements under section 214(c)(2)(K) of the Immigration and Nationality Act, as added by subsection (a). 206. Penalties Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) (L) (i) If the Secretary of Homeland Security determines, after notice and an opportunity for a hearing, that an employer failed to meet a condition under subparagraph (F), (G), (K), or (M), or misrepresented a material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— (I) the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate; (II) the Secretary of Homeland Security or the Secretary of State, as appropriate, shall not approve petitions or applications filed with respect to that employer during a period of at least 1 year for 1 or more aliens to be employed as such nonimmigrants by the employer; and (III) in the case of a violation of subparagraph (K) or (M), the employer shall be liable to the employees harmed by such violation for lost wages and benefits. (ii) If the Secretary finds, after notice and an opportunity for a hearing, a willful failure by an employer to meet a condition under subparagraph (F), (G), (K), or (M) or a willful misrepresentation of material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— (I) the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $25,000 per violation) as the Secretary determines to be appropriate; (II) the Secretary of Homeland Security or the Secretary of State, as appropriate, shall not approve petitions or applications filed with respect to that employer during a period of at least 2 years for 1 or more aliens to be employed as such nonimmigrants by the employer; and (III) in the case of a violation of subparagraph (K) or (M), the employer shall be liable to the employees harmed by such violation for lost wages and benefits. . 207. Prohibition on retaliation against L–1 nonimmigrants Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) (M) (i) An employer that has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L) violates this subparagraph by taking, failing to take, or threatening to take or fail to take, a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee— (I) has disclosed information that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection; or (II) cooperates or seeks to cooperate with the requirements under this subsection, or any rule or regulation pertaining to this subsection. (ii) Upon termination of the employment of an alien described in section 101(a)(15)(L) on account of actions by such alien described in subclauses (I) and (II) of clause (i), such alien’s nonimmigrant stay and the stay of any beneficiary and any dependents listed on the beneficiary’s petition or application will be authorized and the aliens will not accrue any period of unlawful presence under section 212(a)(9) for a 90-day period or upon the expiration of the authorized validity period, whichever comes first, following the date of such termination for the purpose of departure or extension of nonimmigrant status based upon a subsequent offer of employment. (iii) In this subparagraph, the term employee (I) a current employee; (II) a former employee; and (III) an applicant for employment. . 208. Adjudication by Department of Homeland Security of petitions under blanket petition (a) In general Section 214(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2)(A) (A) The Secretary of Homeland Security shall establish a procedure under which an importing employer that meets the requirements established by the Secretary may file a blanket petition with the Secretary to authorize aliens to enter the United States as nonimmigrants described in section 101(a)(15)(L) instead of filing individual petitions under paragraph (1) on behalf of such aliens. Such procedure shall permit— (i) the expedited adjudication by the Secretary of Homeland Security of individual petitions covered under such blanket petitions; and (ii) the expedited processing by the Secretary of State of visas for admission of aliens covered under such blanket petitions. . (b) Effective date The amendment made by subsection (a) shall apply to petitions filed on or after the date of the enactment of this Act. 209. Reports on employment-based nonimmigrants (a) In general Section 214(c)(8) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(8) (8) The Secretary of Homeland Security or Secretary of State, as appropriate, shall submit an annual report to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (A) the number of such petitions (or applications for admission, in the case of applications by Canadian nationals seeking admission under subsection (e) or section 101(a)(15)(L)) which have been filed; (B) the number of such petitions which have been approved and the number of workers (by occupation) included in such approved petitions; (C) the number of such petitions which have been denied and the number of workers (by occupation) requested in such denied petitions; (D) the number of such petitions which have been withdrawn; (E) the number of such petitions which are awaiting final action; (F) the number of aliens in the United States under each subcategory under section 101(a)(15)(H); and (G) the number of aliens in the United States under each subcategory under section 101(a)(15)(L). . (b) Nonimmigrant characteristics report Section 416(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 8 U.S.C. 1184 (1) by amending paragraph (2) to read as follows: (2) Annual H–1B nonimmigrant characteristics report The Secretary of Homeland Security shall submit an annual report to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (A) for the previous fiscal year— (i) information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) (ii) a list of all employers who petitioned for H–1B workers, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of H–1B nonimmigrants for whom each such employer filed an employment-based immigrant petition pursuant to section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) (iii) the number of employment-based immigrant petitions filed pursuant to such section 204(a)(1)(F) on behalf of H–1B nonimmigrants; (B) a list of all employers for whom more than 15 percent of their United States workforce is H–1B or L–1 nonimmigrants; (C) a list of all employers for whom more than 50 percent of their United States workforce is H–1B or L–1 nonimmigrants; (D) a gender breakdown by occupation and by country of origin of H–1B nonimmigrants; (E) a list of all employers who have been granted a waiver under section 214(n)(2)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1184(n)(2)(E) (F) the number of H–1B nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country. ; (2) by redesignating paragraph (3) as paragraph (5); (3) by inserting after paragraph (2) the following: (3) Annual L–1 nonimmigrant characteristics report The Secretary of Homeland Security shall submit an annual report to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (A) for the previous fiscal year— (i) information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or provided nonimmigrant status under section 101(a)(15)(L) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(L) (ii) a list of all employers who petitioned for L–1 workers, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of L–1 nonimmigrants for whom each such employer filed an employment-based immigrant petition pursuant to section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) (iii) the number of employment-based immigrant petitions filed pursuant to such section 204(a)(1)(F) on behalf of L–1 nonimmigrants; (B) a gender breakdown by occupation and by country of L–1 nonimmigrants; (C) a list of all employers who have been granted a waiver under section 214(c)(2)(F)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2)(F)(ii) (D) the number of L–1 nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country; (E) the number of applications that have been filed for each subcategory of nonimmigrant described under section 101(a)(15)(L) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(L) (F) the number of applications that have been approved for each subcategory of nonimmigrant described under such section 101(a)(15)(L), based on an approved blanket petition under such section 214(c)(2)(A). (4) Annual H–1B employer survey The Secretary of Labor shall— (A) conduct an annual survey of employers hiring foreign nationals under the H–1B visa program; and (B) issue an annual report that— (i) describes the methods employers are using to meet the requirement under section 212(n)(1)(G)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1)(G)(i) (ii) describes the best practices for recruiting among employers; and (iii) contains recommendations on which recruiting steps employers can take to maximize the likelihood of hiring American workers. ; and (4) in paragraph (5), as redesignated, by striking paragraph (2) paragraphs (2) and (3) 210. Specialized knowledge Section 214(c)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2)(B) (B) (i) For purposes of section 101(a)(15)(L), the term specialized knowledge (I) means knowledge possessed by an individual whose advanced level of expertise and proprietary knowledge of the employer’s product, service, research, equipment, techniques, management, or other interests of the employer are not readily available in the United States labor market; (II) is clearly unique from those held by others employed in the same or similar occupations; and (III) does not apply to persons who have general knowledge or expertise which enables them merely to produce a product or provide a service. (ii) (I) The ownership of patented products or copyrighted works by a petitioner under section 101(a)(15)(L) does not establish that a particular employee has specialized knowledge. In order to meet the definition under clause (i), the beneficiary shall be a key person with knowledge that is critical for performance of the job duties and is protected from disclosure through patent, copyright, or company policy. (II) Unique procedures are not proprietary knowledge within this context unless the entire system and philosophy behind the procedures are clearly different from those of other firms, they are relatively complex, and they are protected from disclosure to competition. . 211. Technical amendments (a) Delegation of authority Section 212(n)(5)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(5)(F) Department of Justice Department of Homeland Security (b) Petitions for certain nonimmigrant visas Section 214(c) of such Act ( 8 U.S.C. 1184(c) Attorney General Secretary of Homeland Security 212. Application Except as otherwise specifically provided, the amendments made by this title shall apply to petitions and applications filed on or after the date of the enactment of this Act.

H–1B and L–1 Visa Reform Act of 2023

Agriculture Innovation Act of 2023 This bill requires the Department of Agriculture (USDA) to identify, collect, link, and analyze certain data on the impact of conservation practices and other production practices on farm, ranch, and other working land profitability, including the effect on enhancing crop yields, soil health, ecosystem services, and other risk-reducing factors. Additionally, USDA must establish a conservation and farm productivity secure data center that ensures the security, privacy, and integrity of data; make the results of the data collection and analysis available through the secure data center to academic institutions and researchers; and provide technical assistance, including through internet-based tools, based on the analysis conducted and other relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes.

118 S98 IS: Agriculture Innovation Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 98 IN THE SENATE OF THE UNITED STATES January 26, 2023 Ms. Klobuchar Mr. Thune Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to authorize the Secretary of Agriculture to improve agricultural productivity, profitability, resilience, and ecological outcomes through modernized data infrastructure and analysis, and for other purposes. 1. Short title This Act may be cited as the Agriculture Innovation Act of 2023 2. Data on conservation and other production practices Subtitle E of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3841 et seq. 1248. Data on conservation and other production practices (a) Purpose The purpose of this section is to improve conservation outcomes, increase agricultural productivity and resilience, and accelerate the development of carbon and other ecosystem service markets by collecting, analyzing, and providing data— (1) to better understand how covered conservation practices and suites of covered conservation practices and other production practices impact farm, ranch, and other working land productivity and profitability (such as crop yields, soil health, and other risk-reducing factors); (2) to support the measurement and quantification of ecosystem services provided by working land, such as carbon sequestration, water filtration, and habitat, that result from covered conservation practices and other production practices; and (3) to improve the implementation of Department programs to optimize productivity, profitability, and ecological benefits. (b) Definitions In this section: (1) Covered conservation practice The term covered conservation practice (2) Department The term Department (3) Other production practice The term other production practice (c) Data collection, review, analysis, and technical assistance The Secretary, acting through the 1 or more applicable Under Secretaries that head mission areas relating to farm and ranch productivity and conservation, in coordination with the Chief Data Officer of the Department, the Chief Economist, and the Under Secretary for Research, Education, and Economics, shall carry out the following activities: (1) Identify in the data inventory maintained by the Secretary under section 3511 of title 44, United States Code, data relating to the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability generated or collected by the Department, including the Farm Service Agency, the Risk Management Agency, the Natural Resources Conservation Service, the National Agricultural Statistics Service, the Economic Research Service, the Forest Service, and any other relevant agency, as determined by the Secretary. (2) Collect or acquire, using other authorities of the Secretary, and using technology and a modernized survey system, to the greatest extent practicable, or another appropriate method, any additional producer data, baseline data, or other data relating to the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability necessary to achieve the purpose described in subsection (a), ensuring that data is collected from all types and sizes of operations. (3) Ensure that producer data identified or collected under paragraph (1) or (2) are collected in a compatible format that is machine-readable (as defined in section 3502 of title 44, United States Code) at the field- and farm-level and in a manner that places the lowest practicable burden on producers and improves the interoperability of the data collected by the Department for the purposes of this section and optimizes the interoperability, to the extent practicable, with data relating to conservation practices generated by other organizations and other activities of the Department. (4) Establish procedures for producers to voluntarily provide supplemental data that may be useful in statistical activities (as defined in section 311 of title 5, United States Code) and activities to build evidence (as defined in that section) of the impacts of covered conservation practices on— (A) enhancing crop yields, soil health, and ecosystem services; (B) reducing risk; and (C) improving farm, ranch, and other working land profitability. (5) Integrate, collate, and link, to the greatest extent practicable, data identified or collected under this subsection with other government or nongovernmental data sources that include crop yields, soil health, covered conservation practices, and other production practices. (6) Establish a conservation and farm productivity secure data center designed to carry out the purposes of this section that ensures the security, privacy, and integrity of data. (7) Make available data through the secure data center established under paragraph (6) to academic institutions and researchers that meet the user permission requirements described in subsection (d)(2)(A) for the provision of technical assistance. (8) Analyze, consistent with the scientific integrity policy of the Department, the data identified or collected under this subsection to consider the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services and improving farm, ranch, and other working land profitability. (9) Use the results of the analyses under paragraph (8) to improve the implementation of Department programs to increase productivity, profitability, and ecological benefits of farm, ranch, and other working land, including relating to issues identified in the evidence-building plan of the Department required under section 312 of title 5, United States Code. (10) Promptly make available on the public-facing component of the secure data center established under paragraph (6) the research, analysis, evaluation products, and other information generated in carrying out this section (including open Government data assets (as defined in section 3502 of title 44, United States Code), to the extent permissible by law)— (A) that demonstrates the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability; and (B) in a manner that is easily accessed by producers, researchers, and other stakeholders. (d) Secure agricultural data center establishment (1) In general The Secretary may enter into 1 or more agreements with 1 or more academic institutions, organizations, government agencies, or other experts determined necessary by the Secretary to provide technical assistance, expertise, and technology infrastructure, as needed, to develop the secure data center under subsection (c)(6). (2) Requirement to modernize data security, storage, and access (A) In general In establishing the secure data center described in paragraph (1), the Secretary shall use industry-standard data security protocols and user permissions to protect the security and confidentiality of proprietary producer data while automating and standardizing data collection, storage, and sharing, to the greatest extent practicable, for the purpose of carrying out this section and encouraging agriculture innovation. (B) Additional requirements In carrying out subparagraph (A), the Secretary shall establish procedures for the operation and use of the secure data center that includes— (i) prohibiting the sale of any individual or identifiable producer data; (ii) requiring any published research to release only aggregated data, consistent with best practices for disclosure avoidance and reducing the risk of re-identification; and (iii) periodically consulting with experts and stakeholders to consider necessary modifications to security protocols or confidentiality protections for identifiable data accessed or maintained by the secure data center and improvements to access for approved users. (e) Producer tools (1) In general Not later than 3 years after the date of enactment of this section, the Secretary shall provide technical assistance, including through internet-based tools, based on the analysis conducted in carrying out this section and other sources of relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes. (2) Internet-based tools Internet-based tools described in paragraph (1) shall provide to producers, to the greatest extent practicable— (A) confidential data specific to each farm or ranch of the producer; and (B) general data relating to the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability. (f) Effect on privacy protection laws Nothing in this section affects the applicability to this section of— (1) section 1770; (2) section 1619 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791 (3) section 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) (4) section 552a of title 5, United States Code; or (5) any other applicable privacy law that protects personally identifiable information of producers. (g) Reporting Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that includes— (1) a summary of the analysis conducted under this section; (2) the number and regions of producers that voluntarily provided data under subsection (c)(4); (3) a description of any additional or new activities planned to be conducted under this section in the next fiscal year, including— (A) research relating to any additional conservation practices; (B) any new types of data to be collected; (C) any improved or streamlined data collection efforts associated with this section; and (D) any new research projects; and (4) in the case of the first 2 reports submitted under this subsection, a description of the current status of the implementation of activities under subsection (c). (h) Funding and administration The Secretary shall use the existing funds and authorities of the Department to carry out this section. (i) Effect Nothing in this section authorizes the Secretary to compel a producer— (1) to provide data to the Department; or (2) to receive technical assistance. .

Agriculture Innovation Act of 2023

Industrial Hemp Act of 2023 This bill exempts industrial hemp production from certain inspection and testing requirements. Under current law, the hemp production program requires that all hemp production meet the same inspection and testing requirements. The bill amends the hemp production programs for a state, Indian tribe, and the Department of Agriculture to (1) establish a separate definition for industrial hemp, (2) require a procedure for hemp producers to designate the type of hemp production as industrial hemp or hemp for any other purpose, and (3) exclude industrial hemp from testing requirements. Industrial hemp producers are subject to annual visual inspections. If a producer fails a visual inspection, the producer may be (1) required to provide certain documentation on the in-field practices, and (2) subject to chemical testing on harvested material. Currently, a person with a felony conviction related to a controlled substance is prohibited from participating in the hemp production program for ten years. This bill includes an exception to allow participation by a person producing industrial hemp. However, a person who knowingly produces a crop that is inconsistent with the industrial hemp designation is prohibited from participating in the hemp production program for five years. The bill also preempts state and tribal law for the regulation of industrial hemp.

118 S980 IS: Industrial Hemp Act of 2023 U.S. Senate 2023-03-27 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. 980 IN THE SENATE OF THE UNITED STATES March 27, 2023 Mr. Tester Mr. Braun Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Marketing Act of 1946 to exempt industrial hemp from certain requirements under the hemp production program, and for other purposes. 1. Short title This Act may be cited as the Industrial Hemp Act of 2023 2. Exemptions of industrial hemp under hemp production program (a) Definitions Section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o (1) in paragraph (1)— (A) by striking the period at the end and inserting ; and (B) by striking means the plant (A) the plant ; and (C) by adding at the end the following: (B) industrial hemp. ; (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (3) by inserting after paragraph (2) the following: (3) Industrial hemp The term industrial hemp (A) (i) the stalks of that plant; (ii) fiber produced from those stalks; or (iii) any other manufacture, derivative, mixture, or preparation of those stalks (except cannabinoid resin extracted from those stalks); (B) whole grain, oil, cake, nut, hull, or any other compound, manufacture, derivative, mixture, or preparation of the seeds of that plant (except cannabinoid resin extracted from the seeds of that plant); or (C) viable seeds of that plant produced solely for production or manufacture of any material described in subparagraph (A) or (B). . (b) State and Tribal plans Section 297B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639p (1) in subsection (a)— (A) in paragraph (2)(A)— (i) by redesignating clauses (ii) through (vii) as clauses (iii) through (viii), respectively; (ii) by inserting after clause (i) the following: (ii) a procedure by which a hemp producer shall designate the type of production of the hemp producer as— (I) industrial hemp; or (II) hemp for any purpose; ; (iii) in clause (iii) (as so redesignated), by inserting , excluding industrial hemp, hemp (iv) in clause (viii) (as so redesignated), by striking (vi) (vii) (B) in paragraph (3)— (i) in subparagraph (A), in the matter preceding clause (i), by striking Nothing Except as provided in subparagraph (C), nothing (ii) by adding at the end the following: (C) Preemption (i) In general Except as provided in clause (ii), no State or Indian tribe may establish or continue in effect any law that— (I) regulates the production of industrial hemp in compliance with this subtitle; and (II) is more stringent than this subtitle. (ii) Violations with higher culpability Clause (i) shall not apply to any law relating to any violation of or described in subsection (e)(3). ; and (C) by adding at the end the following: (4) Inspections of industrial hemp producers With respect to annual inspections of industrial hemp producers under paragraph (2)(A)(vi)— (A) the inspection shall be a visual inspection; (B) if a producer fails a visual inspection under subparagraph (A), the State or Indian tribe may require the producer to provide to the State or Indian tribe documentation that demonstrates a clear intent and in-field practices consistent with the designation of the type of production as industrial hemp under paragraph (2)(A)(ii)(I), including seed tags, sales contracts, a Farm Service Agency report, harvest techniques, or a harvest inspection; and (C) if a producer fails to provide documentation demonstrating a clear intent and in-field practices described in subparagraph (B), the State or Indian tribe may require chemical testing on harvested material of the producer that failed the visual inspection under subparagraph (A). ; (2) in subsection (e)— (A) in paragraph (2)(A)(iii), by striking basis. basis, unless the hemp producer designated the type of production as industrial hemp under subsection (a)(2)(A)(ii)(I). (B) in paragraph (3)— (i) in subparagraph (A), in the matter preceding clause (i), by striking negligence— negligence, or knowingly produced a crop that is inconsistent with the designation of the type of production of the hemp producer as industrial hemp under subsection (a)(2)(A)(ii)(I)— (ii) in subparagraph (B)(ii)— (I) in the clause heading, by striking Exception Exceptions (II) by striking person growing (I) growing ; (III) in subclause (I) (as so designated), by striking the period at the end and inserting ; or (IV) by adding at the end the following: (II) that designates the type of production of the person as industrial hemp under subsection (a)(2)(A)(ii)(I). ; and (iii) by adding at the end the following: (D) Production inconsistent with industrial hemp designation Any person who knowingly produces a crop that is inconsistent with the designation of the type of production of the person as industrial hemp under subsection (a)(2)(A)(ii)(I) shall be ineligible to participate in the program established under this section for a period of 5 years beginning on the date of the violation. ; and (3) in subsection (f)(2), by inserting , excluding industrial hemp, hemp (c) Department of Agriculture Section 297C of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639q (1) in subsection (a)— (A) in paragraph (2)— (i) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; (ii) by inserting after subparagraph (A) the following: (B) a procedure by which a hemp producer shall designate the type of production of the hemp producer as— (i) industrial hemp; or (ii) hemp for any purpose; ; and (iii) in subparagraph (C) (as so redesignated), by inserting , excluding industrial hemp, hemp (B) by adding at the end the following: (3) Inspections of industrial hemp producers With respect to annual inspections of industrial hemp producers under paragraph (2)(F)— (A) the inspection shall be a visual inspection; (B) if a producer fails a visual inspection under subparagraph (A), the Secretary may require the producer to provide to the Secretary documentation that demonstrates a clear intent and in-field practices consistent with the designation of the type of production as industrial hemp under paragraph (2)(B)(i), including seed tags, sales contracts, a Farm Service Agency report, harvest techniques, or a harvest inspection; and (C) if a producer fails to provide documentation demonstrating a clear intent and in-field practices described in subparagraph (B), the Secretary may require chemical testing on harvested material of the producer that failed the visual inspection under subparagraph (A). ; (2) in subsection (c)(3)— (A) by striking report the production (A) the production ; and (B) in subparagraph (A) (as so designated), by striking subsection (b) to the Attorney General. (B) the production of a crop inconsistent with the designation of the type of production of the producer of the crop as industrial hemp under subsection (a)(2)(B)(i). ; and (3) in subsection (d)(2)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) for each hemp producer described in subparagraph (A), the designation of the type of production of the hemp producer under subsection (a)(2)(B); . 3. Regulations and guidelines The Secretary of Agriculture shall promulgate regulations and guidelines to implement the amendments made by this Act as expeditiously as practicable.

Industrial Hemp Act of 2023

Equal Campus Access Act of 2023 This bill prohibits funding made available under the Higher Education Act of 1965 from being provided to any public institution of higher education (IHE) that denies to religious student organizations any right, benefit, or privilege that is otherwise afforded to other student organizations at the IHE because of the religious beliefs, practices, speech, leadership standards, or standards of conduct of the religious student organization.

118 S985 IS: Equal Campus Access Act of 2023 U.S. Senate 2023-03-27 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. 985 IN THE SENATE OF THE UNITED STATES March 27, 2023 Mr. Lankford Mr. Scott of South Carolina Mr. Scott of Florida Mr. Risch Mr. Cruz Mr. Graham Mr. Crapo Mrs. Hyde-Smith Ms. Ernst Mr. Cramer Mr. Hawley Mr. Tillis Mrs. Fischer Mr. Grassley Mr. Cotton Mr. Rubio Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to ensure campus access at public institutions of higher education for religious groups. 1. Short title This Act may be cited as the Equal Campus Access Act of 2023 2. Campus access for religious groups Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. 124. Campus access for religious groups None of the funds made available under this Act may be provided to any public institution of higher education that denies to a religious student organization any right, benefit, or privilege that is otherwise afforded to other student organizations at the institution (including full access to the facilities of the institution and official recognition of the organization by the institution) because of the religious beliefs, practices, speech, leadership standards, or standards of conduct of the religious student organization. .

Equal Campus Access Act of 2023

Promoting Interagency Coordination for Review of Natural Gas Projects Act This bill expands the authority of the Federal Energy Regulatory Commission (FERC)to act as the only lead agency for the purpose of coordinating the environmental review process under the National Environmental Policy Act of 1969 (NEPA) of natural gas pipeline project applications under the Natural Gas Act. Thus, federal, state, and local agencies involved in the environmental review process must defer to FERC's approved scope for a NEPA review. FERC must invite and designate the other participating agencies involved in the authorization process. In addition, FERC must consult with the Transportation Security Administration regarding pipeline infrastructure security, pipeline cybersecurity, pipeline personnel security, and other pipeline security measures. The bill establishes a deadline for agencies to complete NEPA reviews of pipeline projects and requires concurrent reviews when multiple federal or state agencies are involved. If a federal or state agency requires the person applying for a pipeline authorization to submit data, the agency must consider any such data gathered by aerial or other remote means that the person submits.

118 S988 IS: Promoting Interagency Coordination for Review of Natural Gas Projects Act U.S. Senate 2023-03-27 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. 988 IN THE SENATE OF THE UNITED STATES March 27, 2023 Mr. Hoeven Mr. Sullivan Committee on Energy and Natural Resources A BILL To provide for coordination by the Federal Energy Regulatory Commission of the process for reviewing certain natural gas projects under the jurisdiction of the Commission, and for other purposes. 1. Short title This Act may be cited as the Promoting Interagency Coordination for Review of Natural Gas Projects Act 2. FERC process coordination for natural gas projects (a) Definitions In this section: (1) Certificate of public convenience and necessity The term certificate of public convenience and necessity 15 U.S.C. 717f (2) Commission The term Commission (3) Federal authorization The term Federal authorization 15 U.S.C. 717n(a) (4) NEPA review The term NEPA review 42 U.S.C. 4332 (5) Project-related NEPA review The term project-related NEPA review (A) an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (B) a certificate of public convenience and necessity. (b) Commission NEPA review responsibilities In acting as the lead agency under section 15(b)(1) of the Natural Gas Act ( 15 U.S.C. 717n(b)(1) 42 U.S.C. 4321 et seq. 15 U.S.C. 717b (1) be the only lead agency; (2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting project-related NEPA review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and (3) take such actions as are necessary and proper to facilitate the expeditious resolution of project-related NEPA review. (c) Deference to Commission In making a decision with respect to a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (d) Participating agencies (1) Identification Not later than 30 days after receiving an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (A) may issue a Federal authorization with respect to the application; or (B) is required by Federal law to consult with the Commission in conjunction with the issuance of an authorization under section 3 of that Act ( 15 U.S.C. 717b (2) Invitation (A) In general Not later than 45 days after receiving an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (B) Deadline An invitation issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted to the Commission, which may be extended by the Commission for good cause. (3) Designation as participating agencies Not later than 60 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717b (A) has no jurisdiction or authority with respect to the applicable Federal authorization; (B) has no special expertise or information relevant to any project-related NEPA review; or (C) does not intend to submit comments for the record for the project-related NEPA review conducted by the Commission. (4) Effect of non-designation (A) Effect on agency Any agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (i) demonstrates that such review is legally necessary for the agency to carry out responsibilities in considering an aspect of an application for a Federal authorization; and (ii) requires information that could not have been obtained during the project-related NEPA review conducted by the Commission. (B) Comments; record The Commission shall not, with respect to an agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (i) consider any comments or other information submitted by the agency for the project-related NEPA review conducted by the Commission (ii) include any such comments or other information in the record for the project-related NEPA review. (e) Schedule (1) Deadline for Federal authorizations The deadline for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717n(c)(1) (2) Concurrent reviews Each Federal and State agency— (A) that may consider an application for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717n(c)(1) (B) in considering an aspect of an application for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (i) develop and implement a plan to enable the agency to comply with the schedule; (ii) carry out the obligations of the agency under applicable law concurrently, and in conjunction with, the project-related NEPA review conducted by the Commission (iii) transmit to the Commission a statement— (I) acknowledging receipt of the schedule; and (II) describing the plan developed under clause (i); and (iv) not less frequently than once every 90 days, transmit to the Commission a report describing the progress made in considering the application for a Federal authorization. (3) Failure to meet deadline (A) In general If a Federal or State agency, including the Commission, fails to meet a deadline for a Federal authorization required in the applicable schedule established by the Commission under section 15(c)(1) of the Natural Gas Act ( 15 U.S.C. 717n(c)(1) (i) notify Congress and the Commission of the failure; and (ii) include in that notification a description of the recommended implementation plan to ensure completion of the action to which the deadline applied, unless the Commission deems the requirement to complete the action has been waived. (B) Requirement In cases in which a requirement has not been waived under clause (ii) of subparagraph (A), not later than 5 days after the date on which the Commission receives the notification under that subparagraph, the Commission shall— (i) accept the recommended implementation plan; or (ii) if the Commission does not accept the recommended implementation plan, establish a revised schedule for completion of the action and notify the head of the relevant Federal agency. (f) Consideration of applications for Federal authorization (1) Issue identification and resolution (A) Identification Federal and State agencies that may consider an aspect of an application for a Federal authorization shall identify, as early as practicable, any issues of concern that may delay or prevent an agency from— (i) working with the Commission to resolve the issues; and (ii) granting the Federal authorization. (B) Issue resolution The Commission may forward any issue of concern identified under subparagraph (A) to the heads of the relevant agencies (including, in the case of an issue of concern that is a failure by a State agency, the Federal agency overseeing the delegated authority, if applicable) for resolution. (2) Remote surveys (A) In general If a Federal or State agency considering an aspect of an application for a Federal authorization requires the person applying for the Federal authorization to submit data, subject to subparagraph (B), the agency shall consider any data gathered by aerial or other remote means that the person submits. (B) Consideration Aerial or remote survey data shall be considered under subparagraph (A) in cases in which property access is not permitted or available and therefore onsite inspection is not possible at the time of the application review. (C) Conditional approval If appropriate and necessary for compliance with the mandate of the agency, a Federal or State agency may condition approval for a Federal authorization based in part on data gathered by aerial or remote means on the verification of the data by subsequent onsite inspection. (3) Application processing The Commission, and Federal and State agencies, may allow a person applying for a Federal authorization to fund a third-party contractor to assist in reviewing the application for the Federal authorization. (g) Accountability, transparency, efficiency (1) In general For an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (2) Inclusions Information tracked and included under paragraph (1) shall include the following: (A) The schedule established by the Commission under section 15(c)(1) of the Natural Gas Act ( 15 U.S.C. 717n(c)(1) (B) A list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application. (C) The expected completion date for each action. (D) A point of contact at the agency responsible for each action. (E) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay.

Promoting Interagency Coordination for Review of Natural Gas Projects Act

North American Energy Act This bill establishes a new process for approving the construction and operation of energy infrastructure across an international border of the United States and replaces the existing process established under specified executive orders. Specifically, this bill requires a person to obtain a certificate of crossing before constructing, connecting, or operating a border-crossing facility for the import or export of oil, natural gas, or electricity across a U.S. border between Canada or Mexico. A certificate must be obtained from the Federal Energy Regulatory Commission (FERC) for a facility consisting of oil or natural gas pipelines or the Department of Energy (DOE) for an electric transmission facility. As a condition of issuing a certificate, DOE must require that an electric transmission facility be constructed, connected, or operated consistent with specified policies and standards. FERC and DOE must meet a deadline for issuing a certificate as set forth by this bill. The bill also requires FERC to meet a deadline for approving applications to import or export natural gas to or from Canada or Mexico. Any entity aggrieved by a final agency action taken under the new process established by the bill may obtain judicial review of the action.

118 S989 IS: North American Energy Act U.S. Senate 2023-03-27 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. 989 IN THE SENATE OF THE UNITED STATES March 27, 2023 Mr. Hoeven Mr. Mullin Mr. Sullivan Mr. Budd Committee on Energy and Natural Resources A BILL To establish a more uniform, transparent, and modern process to authorize the construction, connection, operation, and maintenance of international border-crossing facilities for the import and export of oil and natural gas and the transmission of electricity. 1. Short title This Act may be cited as the North American Energy Act 2. Approval for border-crossing facilities (a) Authorization of certain energy infrastructure projects at an international boundary of the United States (1) Authorization Except as provided in paragraph (3) and subsection (e), no person may construct, connect, or operate, a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity, across an international border of the United States without obtaining a certificate of crossing for the border-crossing facility under this subsection. (2) Certificate of crossing (A) Requirement Not later than 90 days after final action is taken, by the relevant official or agency identified under subparagraph (B), under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) Relevant official or agency The relevant official or agency referred to in subparagraph (A) is— (i) the Federal Energy Regulatory Commission with respect to border-crossing facilities consisting of oil or natural gas pipelines; and (ii) the Secretary of Energy with respect to border-crossing facilities consisting of electric transmission facilities. (C) Additional requirement for electric transmission facilities In the case of a request for a certificate of crossing for a border-crossing facility consisting of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing under subparagraph (A), that the border-crossing facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (i) the Electric Reliability Organization and the applicable regional entity; and (ii) any Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. (3) Exclusions This subsection shall not apply to any construction, connection, operation, or maintenance of a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity— (A) if the border-crossing facility is operating for such import, export, or transmission as of the date of enactment of this Act; (B) if a permit described in subsection (d) for the construction, connection, operation, or maintenance has been issued; or (C) if an application for a permit described in subsection (d) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— (i) the date on which such application is denied; or (ii) 2 years after the date of enactment of this Act, if such a permit has not been issued by such date. (4) Effect of other laws (A) Application to projects Nothing in this subsection or subsection (e) shall affect the application of any other Federal statute to a project for which a certificate of crossing for a border-crossing facility is requested under this subsection. (B) Natural Gas Act Nothing in this subsection or subsection (e) shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act ( 15 U.S.C. 717b (C) Oil pipelines Nothing in this subsection or subsection (e) shall affect the authority of the Federal Energy Regulatory Commission with respect to oil pipelines under section 60502 of title 49, United States Code. (D) Scope of NEPA review Nothing in this Act, or the amendments made by this Act, shall affect the scope of any review required to be conducted under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Importation or exportation of natural gas to canada and mexico Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) In the case of an application for the importation of natural gas from, or the exportation of natural gas to, Canada or Mexico, the Commission shall grant the application not later than 30 days after the date on which the Commission receives the complete application. (c) Transmission of electric energy to Canada and Mexico (1) Repeal of requirement to secure order Section 202(e) of the Federal Power Act ( 16 U.S.C. 824a(e) (2) Conforming amendments (A) State regulations Section 202(f) of the Federal Power Act ( 16 U.S.C. 824a(f) insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection (e) (B) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary. (d) No presidential permit required No Presidential permit (or similar permit) shall be required pursuant to any provision of law or Executive order for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any border-crossing facility thereof. (e) Modifications to and maintenance of existing projects No certificate of crossing under subsection (a), or permit described in subsection (d), shall be required for a modification to or maintenance of— (1) an oil or natural gas pipeline or electric transmission facility that is operating for the import or export of oil or natural gas or the transmission of electricity as of the date of enactment of this Act; (2) an oil or natural gas pipeline or electric transmission facility for which a permit described in subsection (d) has been issued; or (3) a border-crossing facility for which a certificate of crossing has previously been issued under subsection (a). (f) Effective dates; rulemaking deadlines (1) Effective date Subsections (a) through (e) and the amendments made by such subsections shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Rulemaking deadlines Each relevant official or agency described in subsection (a)(2)(B) shall— (A) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of subsection (a); and (B) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of subsection (a). (g) Judicial review Any entity aggrieved by a final agency action taken under this section may obtain a review of such action by filing a petition for review in the United States Court of Appeals for any circuit wherein an applicant for authorization under this section is located or has its principal place of business, or in the United States Court of Appeals for the District of Columbia. The petition must be filed not later than 60 days after such action is taken. (h) Definitions In this section: (1) Appropriate Federal agencies The term appropriate Federal agencies (2) Border-crossing facility The term border-crossing facility (A) the portion of an oil pipeline between an international boundary and the first mainline valve on the United States side of an international boundary; and (B) the portion of a natural gas pipeline or electric transmission facility that is located at an international boundary of the United States. (3) Electric Reliability Organization; Regional entity The terms Electric Reliability Organization regional entity 16 U.S.C. 824o (4) Independent System Operator; Regional Transmission Organization The terms Independent System Operator Regional Transmission Organization 16 U.S.C. 796 (5) Modification The term modification (6) Natural gas The term natural gas 15 U.S.C. 717a (7) Oil The term oil

North American Energy Act

National Development Strategy and Coordination Act of 2023 This bill establishes the Interagency Committee for the Coordination of National Development Financing Programs within the Executive Office of the President. The committee must develop a national strategy to (1) address vulnerabilities in the domestic supply chains of critical industries, (2) strengthen U.S. industrial and manufacturing capabilities, and (3) support targeted job growth and economic development. The bill authorizes the Federal Financing Bank to provide financing assistance to carry out certain directives made by the committee.

116 S99 IS: National Development Strategy and Coordination Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 99 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To establish a National Development Strategy, and for other purposes. 1. Short title This Act may be cited as the National Development Strategy and Coordination Act of 2023 2. Definitions In this Act: (1) Appropriate congressional committee The term appropriate congressional committee (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Country of concern The term country of concern (A) the People’s Republic of China and any other foreign government or foreign non-government person determined to be a foreign adversary under section 7.4 of title 15, Code of Federal Regulations, or any successor regulation; or (B) any country determined by the Secretary of Commerce, in consultation with the United States Trade Representative, the Secretary of Defense, and the Director of National Intelligence, to have inadequate safeguards in place to protect United States funds (or intellectual property developed using such funds) from theft or transfer to a foreign government or foreign non-government person described in subparagraph (A). (3) Entity of concern The term entity of concern (A) an entity headquartered in a country of concern; (B) an entity that is more than 25-percent owned by individuals or entities in countries of concern; (C) an entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the SDN list (D) an entity on the Non-SDN Chinese Military-Industrial Complex Companies List— (i) established pursuant to Executive Order 13959 ( 50 U.S.C. 1701 (ii) maintained by the Office of Foreign Assets Control; (E) a Chinese military company on the list required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 113 (F) an entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, or any successor regulation; (G) an entity that produces equipment or services on the list of communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons maintained by the Federal Communications Commission under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 (H) any entity that is majority owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (G). 3. Establishment of the Interagency Committee for the coordination of National Development Financing Programs (a) Establishment There is established in the Executive Office of the President a Committee to be known as the Interagency Committee for the Coordination of National Development Financing Programs (referred to in this Act as the Committee (b) Membership (1) Composition The Committee shall consist of the following members: (A) The Secretary of Transportation or a designee of the Secretary. (B) The Secretary of Energy or a designee of the Secretary. (C) The Secretary of Commerce or a designee of the Secretary. (D) The Secretary of Labor or a designee of the Secretary. (E) The Secretary of the Treasury or a designee of the Secretary. (F) The Administrator of the Small Business Administration or a designee of the Administrator. (G) The Secretary of Defense or a designee of the Secretary. (H) The Director of National Intelligence or a designee of the Director. (I) The Secretary of Agriculture or a designee of the Secretary. (J) The United States Trade Representative or their designee. (K) The Chair of the Board of Governors of the Federal Reserve or a designee of the Chair, who shall serve as a nonvoting member. (L) The Secretary of the Treasury or a designee of the Secretary, who shall serve as the chair of the Committee. (2) Tie vote In the event of a tie vote, the vote of the chair of the Committee shall serve as the tie-breaker. (c) Duties The Committee— (1) shall submit to Congress the National Development Strategy described in subsection (d); (A) not later than 1 year after the date of enactment of this Act; and (B) not later than 1 year after January 20, 2025, and every 4 years thereafter, and in each such year not earlier than the latest date on which the budget of the President may be submitted to Congress under section 1105(a) of title 31, United States Code, submit to Congress the National Development Strategy described in subsection (d); and (2) shall identify economic sectors of the United States, regions of the United States, and, as necessary and supported by substantial evidence, projects or partnerships that advance the goals of the National Development Strategy described in subsection (d), to which financing assistance should be prioritized by member agencies of the Committee and should be provided or supported by the Federal Financing Bank. (d) National Development Strategy The Committee shall develop a publicly available (except for an allowable classified annex) National Development Strategy, which shall— (1) identify and address vulnerabilities in United States supply chains in industries critical to national security; (2) identify and address vulnerabilities and shortfalls in domestic manufacturing capabilities that threaten the ability of the United States to maintain a global advantage in innovation and manufacturing; (3) identify weaknesses and discuss opportunities to strengthen the broad industrial base of the United States, which may include— (A) strengthening supply chain resiliency; (B) supporting industries critical for the national security; (C) developing technologies that provide scientific or commercial value to the United States; (D) supporting job growth and development of critical manufacturing capabilities within the United States workforce; (E) supporting the development and adoption of innovative resource extraction technologies, including for renewable energy; and (F) supporting job growth and economic development in critical industries in communities designated as qualified opportunity zones under section 1400Z–1 (4) identify industries and regions in the United States that require assistance in order to address vulnerabilities and advance the goals described in paragraphs (1), (2), and (3); and (5) outline a strategic plan to promote investment in the industries described in paragraph (4), which shall include— (A) an estimate of the amount and nature of public financing needed to achieve the goals and address vulnerabilities described in paragraphs (1), (2), and (3); (B) an inventory of all Federal programs in existence as of the date of the National Development Strategy that are capable of providing the financing described in subparagraph (A), the level of investment from each such Federal program in the preceding 5-year period, and a detailed description of how each such program is advancing development goals in the United States; (C) recommendations as to how Federal agencies may, under existing Federal authorities, leverage and attract private investment to accomplish the goals described in this subsection; (D) recommendations, if applicable, on any changes to Federal financing programs, including changes to how financing decisions are prioritized or creation of new financing programs, that may be needed to advance the goals of the National Development Strategy; (E) directives to the Federal Financing Bank to accomplish the goals of the National Development Strategy; and (F) performance metrics to evaluate and monitor projects supported by the Federal Financing Bank in alignment with the National Development Strategy. (e) Advice and input The Committee shall seek the advice and input of industry partners, manufacturing policy experts, State and local development officials, and manufacturing worker interests when preparing the National Development Strategy described in subsection (d), including by— (1) holding not less than 4 public hearings per year, either virtually or in-person, during which industry representatives, worker groups, and regional representatives can provide insight into strategic development prioritization; and (2) establishing an Industry Advisory Board of not more than 10 members appointed by the President, which shall include— (A) an expert in industry competitiveness and national security; (B) a manufacturing trade association representative; (C) a representative of small business government contractors; (D) a manufacturing worker representative; (E) a representative from a private investment firm investing in critical industries and frontier technology; and (F) such other representatives as the President may appoint. (f) Assessment of National Development Strategy In January of each year in which the Committee does not submit a new National Development Strategy as required under subsection (d), the Committee shall submit to the appropriate congressional committees an assessment of the most recently published National Development Strategy, which shall include— (1) an accounting of any new investments made by the Federal Financing Bank or member agencies of the Committee in the preceding year, including ZIP Code, North American Industry Classification System code, and financing stage; (2) the performance of such investments, in accordance with performance metrics established by the Committee; (3) an assessment of the implementation of the National Development Strategy, including an assessment by each agency represented on the Committee, supported by sufficient evidence, of steps taken to align such agencies’ financing, research, and development activities with the goals of the National Development Strategy; and (4) a determination on whether or not an update is needed to the National Development Strategy as a result of a change in assumptions, geopolitical dynamics, or other factors. (g) Memorandum of coordination with Federal agencies engaged in investment and financing activities Not later than 1 year after the date of enactment of this Act, the Committee shall negotiate a memorandum of understanding among the Federal agencies represented on the Committee, which shall— (1) establish procedures for— (A) aligning their respective investment and financing authorities to ensure maximum efficiency and comply with the goals of the National Development Strategy; (B) resolving conflicts in cases of overlapping jurisdiction between their respective agencies; and (C) avoiding conflicting or duplicative operation of services. (2) be reviewed and updated annually in coordination with the submission of the assessment outlined in subsection (f). (h) Meetings The Committee shall meet regularly and as required by the President, but not less frequently than annually. (i) Strategic alignment Each Federal agency represented on the Committee shall— (1) consult on a regular basis the most recently published National Development Strategy described in subsection (d); and (2) to the extent practicable, give priority consideration to projects that align with the goals of the National Development Strategy when engaged in financing, research, and development activities. 4. Requirements of the Federal Financing Bank relating to the National Development Strategy (a) In general The Federal Financing Bank Act of 1973 ( 12 U.S.C. 2281 et seq. 21. Functions with respect to the Committee (a) In general The Bank shall carry out any directives made to the Bank by the Interagency Committee for the Coordination of National Development Financing Programs pursuant to subsections (c)(2) and (d)(5)(E) of section 3 of the National Development Strategy and Coordination Act of 2023 (b) Activities Pursuant to subsection (a), the Bank is authorized, upon direction by the Interagency Committee for the Coordination of National Development Financing Programs, to— (1) issue securities that are backed by financing assistance through any member agency of the Committee; (2) purchase from the private market loans or other debt or equity instruments guaranteed in whole or in part by any member agency of the Committee; and (3) participate in agency loans or loan guarantees in an amount less than 100 percent of the principal amount of financing. (c) Purchase not for resale As directed by the Interagency Committee for the Coordination of National Development Financing Programs in accordance with the National Development Strategy established under section 3(d) of the National Development Strategy and Coordination Act of 2023 22. Secondary market operations Except as otherwise provided in the National Development Strategy and Coordination Act of 2023 23. Ombudsman The Board of Directors of the Bank shall designate an official as the Ombudsman who shall— (1) review investments made by the Bank on projects or partnerships identified by the Interagency Committee for the Coordination of National Development Financing Programs; (2) review the risk profiles and performance of any such projects or partnerships; (3) provide oversight relating to any such projects or partnerships; and (4) provide annually to the appropriate congressional committees a report detailing investments made by the Bank in projects or partnerships identified by the Committee described in paragraph (1), the performance of such investments, and any new or existing investments that may present cause for concern regarding the potential of repayment or lack of alignment with strategic directives. . (b) Federal Credit Reform Act If the Committee determines that a project or partnership receiving financial assistance through any member agency is investing in frontier technologies for which no reasonable market comparison exists, obligations purchased in connection with such project or partnership by the Federal Financing Bank under section 21 of the Federal Financing Bank Act of 1973, as added by subsection (a) of this section, shall not be subject to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. 5. Authorization of appropriations for the Federal Financing Bank (a) In general There is authorized to be appropriated to the Federal Financing Bank, to remain available for 10 years after the date of distribution, to carry out projects and partnerships selected by the National Development Strategy established under section 3(d) of this Act— (1) for fiscal year 2024, $5,000,000,000; (2) for fiscal year 2025, $5,000,000,000; (3) for fiscal year 2026, $5,000,000,000; and (4) for fiscal year 2027, $5,000,000,000; (b) Set aside Not more than 2 percent of funds appropriated under this section shall be utilized for administrative costs, including the hiring of new staff to oversee and accomplish the functions of the Federal Financing Bank. (c) Sense of Congress It is the sense of Congress that the Federal Financing Bank should use amounts appropriated under this section as soon as possible. 6. Prohibitions and policy (a) Prohibition No funding or authorities provided under this Act may be used to support projects or partnerships with any entity of concern. (b) Policies Not later than 180 days after the date of enactment of this Act, the Committee shall establish policies to ensure that any support to projects or partnerships provided by the Federal Financing Bank in accordance with this Act— (1) includes assurances that no support provided in such project or partnership shall be used to expand operations in a country of concern; (2) includes protections to ensure against transfer of intellectual property to countries of concern; and (3) includes requirements that any firm participating in a project or partnership funded by this Act disclose any affiliate, parent company, or subsidiary located in a country of concern.

National Development Strategy and Coordination Act of 2023

I–27 Numbering Act of 2023 This bill designates the future interstate highway system portions of the Ports-to-Plains Corridor within the states of Texas and New Mexico as Interstate Route I–27. In Texas, from Sterling City to Lamesa, U.S. Route 87 is designated as Interstate Route I–27E and Texas Routes 158 and 349 via I–20 are designated as Interstate Route I–27W. U.S. Route 287 from Dumas, Texas to the border between Texas and Oklahoma is designated as Interstate Route I–27N.

118 S992 EAH: I–27 Numbering Act of 2023 U.S. Senate 2023-12-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session In the House of Representatives, U. S., December 4, 2023 AMENDMENT: That the bill from the Senate (S. 992) entitled An Act to amend the Intermodal Surface Transportation Efficiency Act of 1991 to designate the Texas and New Mexico portions of the future Interstate-designated segments of the Port-to-Plains Corridor as Interstate Route 27, and for other purposes. Strike out all after the enacting clause and insert: 1. Short title This Act may be cited as the I–27 Numbering Act of 2023 2. Numbering of designated future Interstate (a) In general Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 The routes referred to in clause (i) (other than subclauses (V)(aa) and (V)(bb) and subclause (IX)(aa) of that clause) and clause (iv) of subsection (c)(38)(A) are designated as Interstate Route I–27. The route referred to in subsection (c)(38)(A)(i)(V)(aa) is designated as Interstate Route I–27E. The route referred to in subsection (c)(38)(A)(i)(V)(bb) is designated as Interstate Route I–27W. The route referred to in subsection (c)(38)(A)(i)(IX)(aa) is designated as Interstate Route I–127N. The route referred to in subsection (c)(45) (b) Conforming amendments Section 1105(c)(38)(A)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 (1) in subclause (V)— (A) by striking Lamesa, the Corridor Lamesa— (aa) the Corridor ; and (B) in item (aa) (as so redesignated), by striking 87 and, the Corridor 87; and (bb) the Corridor ; and (2) in subclause (IX)— (A) by striking (IX) United States Route 287 (IX) (aa) United States Route 287 ; and (B) in item (aa) (as so redesignated), by striking Oklahoma, and also United States Route 87 Oklahoma; and (bb) United States Route 87 . Lorraine Miller Clerk.

I–27 Numbering Act of 2023

Combating Illicit Xylazine Act This bill criminalizes the illicit use of xylazine. (Xylazine, also known as Tranq, is a sedative that is approved for use in animals. The Drug Enforcement Administration (DEA) has reported an increase in the trafficking of fentanyl mixed with xylazine.) Specifically, the bill establishes criminal penalties for manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, xylazine for illicit use (i.e., for use in humans) in accordance with the penalties for schedule III substances (up to 10 years imprisonment or, if death or serious bodily injury occurs, up to 15 years imprisonment, as well as criminal fines). In addition, the DEA must coordinate with the Food and Drug Administration to report on the prevalence of the illicit use of xylazine, including associated supply chains. The bill also declares the illicit use of xylazine as an emerging drug threat.

118 S993 IS: Combating Illicit Xylazine Act U.S. Senate 2023-03-28 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. 993 IN THE SENATE OF THE UNITED STATES March 28, 2023 Ms. Cortez Masto Mr. Grassley Ms. Hassan Mr. Risch Mrs. Shaheen Mrs. Capito Mr. Marshall Mr. Manchin Committee on the Judiciary A BILL To prohibit certain uses of xylazine, and for other purposes. 1. Short title This Act may be cited as the Combating Illicit Xylazine Act 2. Findings Congress finds the following: (1) Illicit xylazine presents an urgent threat to public health and safety. (2) The proliferation of xylazine as an additive to illicit drugs such as fentanyl and other narcotics threatens to exacerbate the opioid public health emergency. (3) There is currently no drug approved by the Food and Drug Administration to reverse the effects of xylazine in humans. (4) The physical effects of use of xylazine in humans can include depressed breathing and heart rate, unconsciousness, and necrosis, sometimes leading to amputation or other permanent physical health consequences. (5) The spread of illicit xylazine use has followed geographic patterns seen in the spread of recreational fentanyl use, with proliferation beginning in the Northeastern United States and later spreading south and west. (6) Prompt action to control illicit xylazine will help limit further proliferation of illicit xylazine, saving countless lives. 3. Definitions (a) In general In this Act, the term xylazine (b) Controlled Substances Act Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (1) by redesignating the second paragraph (57) (relating to serious drug felony) and paragraph (58) as paragraphs (58) and (59), respectively; and (2) by adding at the end the following: (60) The term xylazine (A) Xylazine. (B) Xylazine-M (2,6Mich dimethylaniline). (C) Xylazine-M (N-thiourea-2,6-dimethylaniline). (D) Xylazine-M (sulfone-HO-) isomer 2. (E) Xylazine-M (HO-2,6-dimethylaniline isomer 1). (F) Xylazine-M (HO-2,6-dimethylaniline isomer 2). (G) Xylazine M (oxo-). (H) Xylazine-M (HO-) isomer 1. (I) Xylazine-M (HO-) isomer 1 glucuronide. (J) Xylazine-M (HO-) isomer 2. (K) Xylazine-M (HO-) isomer 2 glucuronide. (L) Xylazine-M (HO-oxo-) isomer 1. (M) Xylazine-M (HO-oxo-) isomer 1 glucuronide. (N) Xylazine-M (HO-oxo-) isomer 2. (O) Xylazine-M (HO-oxo-) isomer 2 glucuronide. (P) Xylazine-M (sulfone). (Q) Xylazine-M (sulfone-HO-) isomer 1. (R) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (Q). . 4. Unlawful distribution and penalties relating to xylazine (a) Prohibited Acts A—Penalties (1) Controlled Substances Act Section 401 of the Controlled Substances Act ( 21 U.S.C. 841 (A) in subsection (a)(1), by inserting or xylazine for illicit uses under section 424 controlled substance (B) in subsection (b)(1)(E)(i), by inserting or unlawful distribution of xylazine for illicit uses under section 424 schedule III (2) Controlled Substances Import and Export Act Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 (A) in subsection (a)— (i) in paragraph (1), by inserting or xylazine for illicit uses under section 424 controlled substance (ii) in paragraph (2), by inserting or xylazine for illicit uses under section 424 controlled substance (iii) in paragraph (3), by inserting or xylazine for illicit uses under section 424 controlled substance (B) in subsection (b)(5), by inserting or the unlawful distribution of xylazine for illicit uses under section 424 schedule III (b) Illicit use and distribution Part D of the Controlled Substances Act ( 21 U.S.C. 401 et seq. 424. Illicit use and distribution of xylazine (a) Illicit use It is unlawful for any person to engage in any of the following illicit uses of xylazine: (1) Any use in the human species. (2) Any use that is not a licit use. (b) Licit use Licit use of xylazine means— (1) any administration to nonhuman species— (A) of a drug containing xylazine that has been approved by the Secretary of Health and Human Services under section 512 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b (B) that is permissible under section 512(a)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(a)(4) (2) the manufacturing, importation, or use of xylazine as an active pharmaceutical ingredient for manufacturing an animal drug approved under section 512 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b (3) the manufacturing, importation, or use of a xylazine bulk chemical for pharmaceutical compounding by licensed pharmacists or veterinarians; or (4) another use approved or permissible under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. . 5. Arcos tracking Section 307(i) of the Controlled Substances Act ( 21 U.S.C. 827 (1) in the matter preceding paragraph (1)— (A) by inserting or xylazine gamma hydroxybutyric acid (B) by inserting or 512 section 505 (C) by inserting respectively, the Federal Food, Drug, and Cosmetic Act, (2) in paragraph (6), by inserting or xylazine gamma hydroxybutyric acid 6. Report to Congress on xylazine (a) Initial report Not later than 1 year after the date of the enactment of this Act, the Attorney General, acting through the Administrator of the Drug Enforcement Administration and in coordination with the Commissioner of Food and Drugs, shall submit to Congress a report on the prevalence of illicit use of xylazine in the United States and the impacts of such use, including— (1) where the drug is being diverted; (2) where the drug is originating; (3) whether any analogues to such drug present a substantial risk of abuse; (4) whether and to what extent the illicit supply of xylazine derives from the licit supply chain; and (5) recommendations for Congress with respect to whether xylazine should be transferred to another schedule under part B of the Controlled Substances Act ( 21 U.S.C. 811 et seq. (b) Additional report Not later than 4 years after the date of the enactment of this Act, the Attorney General, acting through the Administrator of the Drug Enforcement Administration and in coordination with the Commissioner of Food and Drugs, shall submit to Congress a report updating Congress on the prevalence of xylazine trafficking, misuse, and proliferation in the United States, including recommendations for Congress with respect to whether xylazine should be transferred to another schedule under part B of the Controlled Substances Act ( 21 U.S.C. 811 et seq. (c) Definition In this section, the term illicit use 7. Declaration of emerging threat Congress declares illicit xylazine use an emerging drug threat, as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1701

Combating Illicit Xylazine Act

Strong Communities Act of 2023 This bill allows funds under the Community Oriented Policing Services grant program to be used to provide training to officers and recruits who agree to serve in law enforcement agencies in their communities.

118 S994 ES: Strong Communities 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. 994 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide that COPS grant funds may be used for local law enforcement recruits to attend schools or academies if the recruits agree to serve in precincts of law enforcement agencies in their communities. 1. Short title This Act may be cited as the Strong Communities Act of 2023 2. Strong Communities Program Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (o) COPS Strong Communities Program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity (i) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (ii) a local law enforcement agency that offers a law enforcement training program. (B) Local law enforcement agency The term local law enforcement agency (2) Grants The Attorney General may use amounts otherwise appropriated to carry out this section for a fiscal year (beginning with fiscal year 2023) to make competitive grants to local law enforcement agencies to be used for officers and recruits to attend law enforcement training programs at eligible entities if the officers and recruits agree to serve in law enforcement agencies in their communities. (3) Eligibility To be eligible for a grant through a local law enforcement agency under this subsection, each officer or recruit described in paragraph (2) shall— (A) serve as a full-time law enforcement officer for a total of not fewer than 4 years during the 8-year period beginning on the date on which the officer or recruit completes a law enforcement training program for which the officer or recruit receives benefits; (B) complete the service described in subparagraph (A) in a local law enforcement agency located within— (i) 7 miles of the residence of the officer or recruit where the officer or recruit has resided for not fewer than 5 years; or (ii) if the officer or recruit resides in a county with fewer than 150,000 residents, within 20 miles of the residence of the officer or recruit where the officer or recruit has resided for not fewer than 5 years; and (C) submit to the eligible entity providing a law enforcement training program to the officer or recruit evidence of employment of the officer or recruit in the form of a certification by the chief administrative officer of the local law enforcement agency where the officer or recruit is employed. (4) Repayment (A) In general If an officer or recruit does not complete the service described in paragraph (3), the officer or recruit shall submit to the local law enforcement agency an amount equal to any benefits the officer or recruit received through the local law enforcement agency under this subsection. (B) Regulations The Attorney General shall promulgate regulations that establish categories of extenuating circumstances under which an officer or recruit may be excused from repayment under subparagraph (A). . Passed the Senate July 26, 2023. Secretary

Strong Communities Act of 2023

Livestock Regulatory Protection Act of 2023 This bill prohibits the Environmental Protection Agency from issuing permits under the Clean Air Act for any carbon dioxide, nitrogen oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.

118 S997 IS: Livestock Regulatory Protection Act of 2023 U.S. Senate 2023-03-28 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. 997 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Thune Ms. Sinema Mr. Boozman Mr. Kelly Committee on Environment and Public Works A BILL To amend the Clean Air Act to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production. 1. Short title This Act may be cited as the Livestock Regulatory Protection Act of 2023 2. Prohibition on permitting certain emissions from agricultural production Section 502(f) of the Clean Air Act ( 42 U.S.C. 7661a(f) (1) by redesignating paragraphs (1) through (3) as clauses (i) through (iii), respectively, and indenting appropriately; (2) in the undesignated matter following clause (iii) (as so redesignated), by striking Approval of (B) No relief of obligation Approval of ; (3) by striking the subsection designation and heading and all that follows through No partial (f) Prohibitions (1) Partial permit programs (A) In general No partial ; and (4) by adding at the end the following: (2) Certain emissions from agricultural production No permit shall be issued under a permit program under this title for any carbon dioxide, nitrogen oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production. .

Livestock Regulatory Protection Act of 2023