[Congressional Record Volume 169, Number 27 (Thursday, February 9, 2023)]
[Senate]
[Pages S314-S324]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KAINE (for himself, Ms. Murkowski, Ms. Sinema, and Ms.
Collins):
S. 317. A bill to guarantee that Americans have the freedom to make
certain reproductive decisions without undue government interference;
to the Committee on the Judiciary.
Ms. COLLINS. Madam President, I rise today to join in the
reintroduction
[[Page S315]]
of the Reproductive Freedom for All Act, a bipartisan bill that would
restore the previous legal framework that governed abortion access in
this country for nearly 50 years since Roe v. Wade. This bill would
ensure the right of women to make certain reproductive choices without
undue government interference, including the right to obtain and use
contraception.
I support a woman's right to have an abortion, and I believe that the
threshold question of whether abortion is legal needs to be consistent
at the national level. States can account for regional differences with
regulations like parental notification requirements, but the basic
right as articulated by the U.S. Supreme Court prior to its decision in
Dobbs v. Jackson Women's Health Organization needs to be the same
regardless of the State in which a woman happens to reside.
In Dobbs, the Supreme Court abandoned a nearly 50-year precedent that
had been reaffirmed and on which women had relied for decades. The
Dobbs ruling was, as the Chief Justice described it, a ``jolt'' to our
legal system. This action has further divided the country at a moment
when, more than ever in modem times, we need the Court to demonstrate
consistency, predictability, and restraint.
Prior to the Court's decision in Dobbs, I introduced, with Senator
Murkowski, the Reproductive Choice Act to enact into Federal law the
abortion rights established by Roe and affirmed by Planned Parenthood
v. Casey.
In the wake of the Dobbs decision, I worked with my colleagues
Senator Kaine, Senator Murkowski, and Senator Sinema to draft a more
comprehensive, bipartisan bill that would codify the abortion rights
articulated by the Supreme Court in Roe, Casey, and Whole Women's
Health v. Hellerstedt, as well as the contraception rights first
articulated in Griswold v. Connecticut and later clarified in
Eisenstadt v. Baird and Carey v. Population Services International.
Our legislation would enshrine important abortion and contraception
rights into Federal law without undercutting basic conscience
protections that have been in place for decades and that are relied
upon by healhtcare practitioners who have religious objections.
Our goal with this legislation is to do what the Court should have
done--provide consistency in our laws that Americans have relied upon
for nearly half a century regarding the ability to make certain
reproductive choices.
This bill would ensure that the legal framework in place before Dobbs
is reinstated as the law of the land. Our bill accomplishes this goal
by tracking the Supreme Court's language in the seminal cases I
mentioned.
Specifically, and consistent with decades of Supreme Court
jurisprudence, the Reproductive Freedom for All Act provides that a
State may not impose an undue burden on the ability of a woman to
choose whether or not to terminate a pregnancy before fetal viability.
During this time, States may enact reasonable regulations to further
the health or safety of a woman seeking to terminate a pregnancy,
unless such regulations impose an undue burden.
After fetal viability, a State may regulate or even proscribe the
ability of a woman to terminate her pregnancy but not when such a
termination is necessary to preserve the life or health of the woman.
Moreover, by codifying Griswold, Eisenstadt, and Carey, the bill
makes clear that a State cannot prohibit an individual from obtaining
or using contraceptives.
Finally, the legislation specifically preserves conscience
protections that have been relied upon by healthcare providers who have
religious objections.
The best path forward for our country is to reinstate the legal
framework that was in place before the Supreme Court issued its ruling
in Dobbs. Our bill would enshrine into law the important protections
articulated in the Supreme Court cases that I mentioned without
undercutting statutes that also have been in place for decades.
I urge all of my Senate colleagues to join me in supporting this
legislation.
______
By Mr. THUNE (for himself, Mr. Grassley, Mr. Barrasso, Mrs.
Blackburn, Mr. Cassidy, Mr. Cornyn, Mr. Crapo, Mr. Daines, Mr.
Johnson, Mr. Lankford, Mr. Scott of South Carolina, Mr. Tillis,
and Mr. Young):
S. 338. A bill to provide accountability for funding provided to the
Internal Revenue Service and the Department of Treasury under Public
Law 117-69; to the Committee on Finance.
Mr. THUNE. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 338
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRS Funding Accountability
Act''.
SEC. 2. ANNUAL COMPREHENSIVE SPENDING PLAN FOR INCREASED
INTERNAL REVENUE SERVICE RESOURCES.
(a) Limitation on Funding.--
(1) Initial plan.--
(A) In general.--None of the funds described in paragraph
(3) may be obligated during the period--
(i) beginning on the date of the enactment of this Act; and
(ii) ending on the date that is 60 days after the spending
plan described in subsection (b)(1)(A) has been submitted.
(B) Additional moratorium.--If Congress enacts a joint
resolution of disapproval described in subsection (c) with
respect to the Internal Revenue Service spending plan before
the date described in subparagraph (A)(ii), then--
(i) the Commissioner of Internal Revenue shall submit a new
spending plan under subsection (b)(1)(A); and
(ii) the period described in subparagraph (A) shall not end
before the date that is 60 days after such new spending plan
is submitted.
(2) Subsequent submissions.--
(A) In general.--None of the funds described in paragraph
(3) may be obligated during any period--
(i) beginning on the date Congress has enacted a joint
resolution of disapproval under subsection (c) with respect
to any spending plan described in subsection (b)(1)(B); and
(ii) ending on the date that is 60 days after the date on
which the Commissioner of Internal Revenue has submitted a
new spending plan under such subsection.
(B) Additional moratorium.--If Congress enacts a joint
resolution of disapproval described in subsection (c) with
respect to any new spending plan submitted under subparagraph
(A)(ii) before the date that is 60 days after the date on
which such new spending plan has been submitted, then--
(i) the Commissioner of Internal Revenue shall submit an
additional new spending plan under subsection (b)(1)(B); and
(ii) the period described in subparagraph (A) shall not end
before the date that is 60 days after such additional new
spending plan is submitted.
(3) Funds described.--The funds described in this paragraph
are the following:
(A) Any funds made available under clauses (ii), (iii), or
(iv) of section 10301(1)(A) of Public Law 117-169.
(B) Any funds made available under section 10301(1)(A)(i)
of Public Law 117-169 other than funds used for the following
purposes:
(i) Eliminating any correspondence or return processing
backlog.
(ii) Reducing call wait times for taxpayers and tax
professionals.
(b) Annual Comprehensive Spending Plan.--
(1) In general.--
(A) Initial plan.--Not later than 60 days after the date of
the enactment of this Act, the Commissioner of Internal
Revenue shall submit to the appropriate Congressional
committees a spending plan described in paragraph (2).
(B) Subsequent submissions.--
(i) In general.--For each fiscal year beginning after the
plan described in subparagraph (A) is submitted and ending
with fiscal year 2031, the Commissioner of Internal Revenue
shall submit to the appropriate Congressional committees a
spending plan described in paragraph (2) on the date that the
President submits the budget required under section 1105(a)
of title 31, United States Code.
(ii) Reduction in appropriation.--
(I) In general.--In the case of any failure to submit a
plan required under clause (i) by the date that is 7 days
after the date the plan is required to be submitted and, the
amounts made available under section 10301(1)(A)(ii) of
Public Law 117-169 shall be reduced by $10,000,000 for each
day after such required date that report has not been
submitted.
(II) Required date.--For purposes of this clause, the term
``required date'' means, with respect to any plan required
under this subparagraph, the date that is 7 days after such
plan is required to be submitted.
(2) Spending plan.--
(A) In general.--A spending plan described in this
subparagraph is a plan that--
(i) details how the funds appropriated under section
10301(1) of Public Law 117-169 will be spent over--
(I) the period consisting of the current fiscal year and
the next 4 fiscal years ending before fiscal year 2032; and
[[Page S316]]
(II) the period of consisting of the current fiscal year
through the fiscal year ending with fiscal year 2031 (if such
period includes any period not described in subclause (I));
(ii) contains the information described in subparagraph
(B);
(iii) has been reviewed by--
(I) the Internal Revenue Service Advisory Council;
(II) the Comptroller of the United States;
(III) the National Taxpayer Advocate; and
(IV) the Director of the Office of Management and Budget;
and
(iv) has been approved by the Director of the Office of
Management and Budget.
(B) Plan contents.--The information described in this
paragraph is the following:
(i) A detailed explanation of the plan, including--
(I) costs and results to date, actual expenditures of the
prior fiscal year, actual and expected expenditures of the
current fiscal year, upcoming deliverables and expected
costs, and total expenditures;
(II) clearly defined objectives, timelines, and metrics for
quantitatively measuring the plan's annual progress,
including with respect to measuring improvements in taxpayer
services, revenue collection, information technology,
cybersecurity, and taxpayer data protections; and
(III) a description of any differences between metrics
described in subclause (II) and corresponding metrics used by
the National Taxpayer Advocate, the Comptroller General of
the United States, and Treasury Inspector General for Tax
Administration.
(ii) A detailed analysis of the performance of the Internal
Revenue Service with respect to the delivery of taxpayer
services, including--
(I) the Level of Service (LOS) of phone lines (as a percent
of phone calls answered by an Internal Revenue Service
employee, not to include courtesy disconnects or automated
call backs);
(II) the median and average wait time to speak to a
representative of the Internal Revenue Service;
(III) the amount of unprocessed taxpayer correspondence,
including tax returns, responses to Internal Revenue Service
notices, tax payments, and other similar types of
correspondence; and
(IV) the median and average length of time for processing
the items described in subclause (III) and processing refund
claims.
(iii) An analysis identifying any increase or decrease in
total annual audits and annual audit rates by income group
for the period beginning in 2018 and ending with the year the
report is submitted. Such analysis shall include a detailed
description of what constitutes an ``audit'' by the Internal
Revenue Service, and if the definition of an ``audit'' used
by the Internal Revenue Service differs from the definition
used by the National Taxpayer Advocate, the Comptroller
General of the United States, or the Treasury Inspector
General for Tax Administration, there shall also be included
an analysis using such divergent definition.
(iv) A categorizing of the number of audits for each year
in the analysis described in clause (iv) which were--
(I) correspondence audits;
(II) office audits;
(III) field audits;
(IV) audits under the Internal Revenue Service National
Research Program; and
(V) other audits.
(v) A description of all taxpayer compliance actions or
initiatives undertaken using funding appropriated under
section 10301(1)(A) of Public Law 117-169 that do not rise to
the level of an audit, with each action broken out by the
total number of such actions undertaken for each income group
and as a percentage of taxpayers in each income group.
(vi) An explanation of any unresolved or outstanding
recommendations made by the Government Accountability Office
and Treasury Inspector General for Tax Administration
pertaining to taxpayer-data privacy protections, Internal
Revenue Service taxpayer services, and Internal Revenue
Service technology modernization efforts that are addressed
by the plan and a description of how they are addressed.
(vii) For any recommendations identified by Government
Accountability Office and Treasury Inspector General for Tax
Administration as ``high risk'' or ``priority'' that are not
addressed in the plan, an explanation of why such
recommendations are not addressed in the plan.
(3) Testimony of relevant officials.--Not later than 30
days after any spending plan described in paragraph (2) has
been submitted, the Secretary of the Treasury and the
Commissioner of Internal Revenue shall testify in person
before any of the appropriate Congressional committees that
request their testimony with respect to such spending plan.
(4) Requirement to notify of excess spending.--The
Commissioner of Internal Revenue shall immediately notify the
appropriate Congressional committees if actual obligations
and expenditures for any account for any period for which
projections are made in a plan submitted under paragraph (2)
exceed the amount of obligations and expenditures projected
for such account in such plan by 5 percent or more.
(c) Joint Resolution of Disapproval of the IRS
Comprehensive Spending Plan.--
(1) In general.--For purposes of this section, the term
``joint resolution of disapproval of the IRS comprehensive
spending plan'' means only a joint resolution introduced in
the period beginning on the date on which a spending plan
submitted pursuant to subsection (b)(1)(A) is received by the
appropriate Congressional committees and ending 60 days
thereafter (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress),
the matter after the resolving clause of which is as follows:
"That Congress disapproves the plan submitted on ____ by the
Internal Revenue Service relating to the comprehensive
spending plan under section 2(b)(1) of the IRS Funding
Accountability Act with respect to fiscal year ___.". (The
blank spaces being appropriately filled in).
(2) Application of congressional review act disapproval
procedures.--
(A) In general.--The rules of section 802 of title 5,
United States Code, shall apply to a joint resolution of
disapproval of the IRS comprehensive spending plan in the
same manner as such rules apply to a joint resolution
described in subsection (a) of such section.
(B) Exercise of rulemaking authority.--This section is
enacted by Congress--
(i) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House in the case of a joint resolution of
disapproval of the IRS comprehensive spending plan described
in paragraph (1), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(ii) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 3. QUARTERLY REPORTS.
(a) Internal Revenue Service.--
(1) In general.--Not later than 14 days after the last day
of each calendar quarter beginning during the applicable
period, the Commissioner of Internal Revenue shall submit to
the appropriate Congressional committees a report on any
expenditures and obligations of funds appropriated under
section 10301(1) of Public Law 117-169.
(2) Matters included.--The report provided under paragraph
(1) shall include the following:
(A) A plain language description of the specific actions
taken by the Commissioner of Internal Revenue utilizing any
funds appropriated under section 10301(1) of Public Law 117-
169.
(B) The obligations and expenditures during the quarter of
funds appropriated under section 10301(1) of Public Law 117-
169 and the expected expenditure of such funds in the
subsequent quarter, including a comparison of obligations and
expenditures between amounts spent for taxpayers services and
amounts spent for examinations and collections by each
division or office of the Internal Revenue Service, including
the Large Business and International Division, the Small
Business/Self Employed Division, the Tax-Exempt and
Government Entities Division, the Wage and Investment
Division, the Criminal Investigation Office, the
Whistleblower Office, and the Office of the Taxpayer
Advocate.
(C) A description of any new full-time or full-time
equivalent (FTE) employees, contractors, or other staff hired
by the Internal Revenue Service, including the number of new
hires, the primary function or activity type of each new
hire, and the specific Division or Office to which each new
hire is tasked.
(D) The number of new employees that have passed a security
clearance compared to the number of new employees hired to a
position requiring a security clearance, along with an
indication of whether any new employee that has not passed a
security clearance or suitability determination has access to
taxpayer return information (as defined by section 6103(b)(2)
of the Internal Revenue Code of 1986).
(E) A detailed description of any violation of the fair tax
collection practices described in section 6304 of the
Internal Revenue Code of 1986 by any employees, contractors,
or other staff described in subparagraph (C) (including
violations tracked in Automated Labor and Employee Relations
Tracking System (ALERTS) of the Human Capital Office of the
Internal Revenue Service).
(F) The status of recommendations provided by the
Government Accountability Office and Treasury Inspector
General for Tax Administration which have been identified as
being addressed by a spending plan under section 2(b)(1),
including whether the implementation of such recommendations
has been completed, is in progress, or is open (including the
expected date of completion for any recommendations
identified as in progress or open).
(3) Reduction in appropriation.--In the case of any failure
to submit a report required under paragraph (1) by the
required date, the amounts made available under section
10301(1)(A)(ii) of Public Law 117-169 shall be reduced by
$1,000,000 for each day after such required date that report
has not been submitted.
(b) Department of Treasury.--
(1) In general.--Not later than 14 days after the last day
of each calendar quarter beginning during the applicable
period, the Secretary of the Treasury shall submit to the
appropriate Congressional committees a report containing the
following information:
[[Page S317]]
(A) A plain-language description of the actions taken by
the Secretary of the Treasury utilizing any funds
appropriated under paragraph (1), (3), or (5)of section 10301
of Public Law 117-169. Any action which is described in a
report made under subsection (a) may be described by
reference to the action in such report.
(B) A detailed description of the specific purposes to
which the funds appropriated under section 10301(3) of Public
Law 117-169 has been (or is expected to be) obligated.
(C) A description of any new full-time or full-time
equivalent (FTE) employees, contractors, or other staff hired
by the Secretary utilizing funds appropriated under section
10301 of Public Law 117-169, including the number of new
hires and whether the duties of each new hire includes any
functions related to the Internal Revenue Service (including
implementation of tax policies, enforcement, regulations,
research, press or communications, or other purposes).
(D) A detailed description and explanation of any changes
to the most recent Priority Guidance Plan of the Department
of the Treasury and the Internal Revenue Service involving
guidance projects that utilize any funds appropriated under
section 10301 of Public Law 117-169 or which are related to
the implementation of any provision of or amendment made by
such Public Law.
(E) A description of any new initiatives planned to be
undertaken by the Department of the Treasury within the
existing or subsequent fiscal year which will (or may)
utilize funds appropriated under section 10301 of Public Law
117-169.
(2) Reduction in appropriation.--In the case of any failure
to submit a report required under paragraph (1) by the
required date--
(A) the amounts made available under paragraphs (3) of
section 10301 of Public Law 117-169 shall be reduced by
$666,667 for each day after such required date that report
has not been submitted, and
(B) the amounts made available under paragraphs (5) of
section 10301 of Public Law 117-169 shall be reduced by
$333,333 for each day after such required date that report
has not been submitted, and
(c) Definitions.--For purposes of this section--
(1) Applicable period.--The term ``applicable period''
means the period beginning after the date the plan under
section 2(b)(1)(A) is required to be submitted and ending on
September 30, 2031.
(2) Required date.--The term ``required date'' means, with
respect to any report required to be submitted under
subsection (a) or (b), the date that is 7 days after the date
the report is required to be submitted.
SEC. 4. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
For purposes of this Act, the term ``appropriate
Congressional committees'' means--
(1) the Committee on Finance of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Ways and Means of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
______
By Mr. PADILLA (for himself, Mr. Blumenthal, Mr. Booker, Mr.
Cardin, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin,
Mrs. Gillibrand, Mr. Hickenlooper, Ms. Hirono, Mr. Lujan, Mr.
Markey, Mrs. Murray, Mr. Sanders, Mr. Van Hollen, Ms. Warren,
and Mr. Welch):
S. 342. A bill to clarify the rights of certain persons who are held
or detained at a port of entry or at any facility overseen by U.S.
Customs and Border Protection; to the Committee on the Judiciary.
Mr. PADILLA. Madam President, I rise to introduce the Access to
Counsel Act.
This legislation would ensure that all individuals with a legal right
to be in the United States who are held by Customs and Border
Protection at ports of entry or airports have access to legal counsel.
This legislation would ensure that individuals who have a legal right
to be in the United States and are held by Customs and Border
Protection in secondary inspection at airports or other points of entry
for more than an hour are granted an opportunity to access legal
counsel and an interested party. An interested party is defined as a
family member, sponsor, or organization with a connection to the
individual.
The bill creates no obligation for the Federal Government to pay for
counsel and allows counsel the ability to advocate on behalf of the
individual by providing information or documentation in support of the
individual.
It also invalidates any effort by CBP to persuade someone to
relinquish their legal status if that person has been denied access to
counsel or voluntarily waives in writing their right to counsel.
There have been repeated reports of CBP detaining individuals based
on their nationality. In 2017, the first Muslim ban was implemented,
and thousands of U.S. citizens, green card holders, and others with
valid visas were detained at airports for hours.
They were held by CBP officers without any ability to call a lawyer,
relative, or advocate. Many Members of Congress rushed to the airports
in an attempt to help these individuals and were barred from speaking
to them or connecting them with attorneys.
In addition, 200 Iranian-Americans were held at the northern border
in Blaine, WA, for 12 hours without access to counsel in early 2020.
Everyone who has valid travel documents and is seeking entry to the
United States should be afforded due process. If CBP refers someone to
secondary inspection, they should be apprised of their right to call
counsel or an interested party. It is imperative that Americans and
those with a legal right to be here have access to representation if
they are held at a port of entry.
______
By Mr. THUNE (for himself, Mr. Brown, Mr. Merkley, Mr. Rounds,
Mr. Cramer, Ms. Smith, and Mr. King):
S. 354. A bill to amend the Poultry Products Inspection Act and the
Federal Meat Inspection Act to support small and very small meat and
poultry processing establishments, and for other purposes; to the
Committee on Agriculture, Nutrition, and Forestry.
Mr. THUNE. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 354
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Local
Processing Act of 2023''.
SEC. 2. HACCP GUIDANCE AND RESOURCES FOR SMALLER AND VERY
SMALL POULTRY AND MEAT ESTABLISHMENTS.
(a) Poultry Establishments.--The Poultry Products
Inspection Act is amended by inserting after section 14 (21
U.S.C. 463) the following:
``SEC. 14A. SMALLER AND VERY SMALL ESTABLISHMENT GUIDANCE AND
RESOURCES.
``(a) Definitions of Smaller Establishment and Very Small
Establishment.--In this section, the terms `smaller
establishment' and `very small establishment' have the
meanings given those terms in the final rule entitled
`Pathogen Reduction; Hazard Analysis and Critical Control
Point (HACCP) Systems' (61 Fed. Reg. 38806 (July 25, 1996)).
``(b) Database of Studies; Model Plans.--Not later than 18
months after the date of enactment of this section, the
Secretary shall--
``(1) establish a free, searchable database of approved
peer-reviewed validation studies accessible to smaller
establishments and very small establishments subject to
inspection under this Act for use in developing a Hazard
Analysis and Critical Control Points plan; and
``(2) publish online scale-appropriate model Hazard
Analysis and Critical Control Points plans for smaller
establishments and very small establishments, including model
plans for--
``(A) slaughter-only establishments;
``(B) processing-only establishments; and
``(C) slaughter and processing establishments.
``(c) Guidance.--Not later than 2 years after the date of
enactment of this section, the Secretary shall publish a
guidance document, after notice and an opportunity for public
comment, providing information on the requirements that need
to be met for smaller establishments and very small
establishments to receive approval for a Hazard Analysis and
Critical Control Points plan pursuant to this Act.
``(d) Data Confidentiality.--In carrying out subsections
(b) and (c), the Secretary shall not publish confidential
business information, including a Hazard Analysis and
Critical Control Points plan of an establishment.''.
(b) Meat Establishments.--The Federal Meat Inspection Act
is amended by inserting after section 25 (21 U.S.C. 625) the
following:
``SEC. 26. SMALLER AND VERY SMALL ESTABLISHMENT GUIDANCE AND
RESOURCES.
``(a) Definitions of Smaller Establishment and Very Small
Establishment.--In this section, the terms `smaller
establishment' and `very small establishment' have the
meanings given those terms in the final rule entitled
`Pathogen Reduction; Hazard Analysis and Critical Control
Point (HACCP) Systems' (61 Fed. Reg. 38806 (July 25, 1996)).
``(b) Database of Studies; Model Plans.--Not later than 18
months after the date of enactment of this section, the
Secretary shall--
``(1) establish a free, searchable database of approved
peer-reviewed validation studies
[[Page S318]]
accessible to smaller establishments and very small
establishments subject to inspection under this Act for use
in developing a Hazard Analysis and Critical Control Points
plan; and
``(2) publish online scale-appropriate model Hazard
Analysis and Critical Control Points plans for smaller
establishments and very small establishments, including model
plans for--
``(A) slaughter-only establishments;
``(B) processing-only establishments; and
``(C) slaughter and processing establishments.
``(c) Guidance.--Not later than 2 years after the date of
enactment of this section, the Secretary shall publish a
guidance document, after notice and an opportunity for public
comment, providing information on the requirements that need
to be met for smaller establishments and very small
establishments to receive approval for a Hazard Analysis and
Critical Control Points plan pursuant to this Act.
``(d) Data Confidentiality.--In carrying out subsections
(b) and (c), the Secretary shall not publish confidential
business information, including a Hazard Analysis and
Critical Control Points plan of an establishment.''.
SEC. 3. INCREASING MAXIMUM FEDERAL SHARE FOR EXPENSES OF
STATE INSPECTION.
(a) Poultry Products.--Section 5(a)(3) of the Poultry
Products Inspection Act (21 U.S.C. 454(a)(3)) is amended in
the second sentence by striking ``50 per centum'' and
inserting ``65 percent''.
(b) Meat and Meat Food Products.--Section 301(a)(3) of the
Federal Meat Inspection Act (21 U.S.C. 661(a)(3)) is amended
in the second sentence by striking ``50 per centum'' and
inserting ``65 percent''.
SEC. 4. COOPERATIVE INTERSTATE SHIPMENT OF POULTRY AND MEAT.
(a) Poultry Products.--Section 31 of the Poultry Products
Inspection Act (21 U.S.C. 472) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``25 employees'' each
place it appears and inserting ``50 employees''; and
(B) in paragraph (3)--
(i) in the paragraph heading, by striking ``25'' and
inserting ``50'';
(ii) in subparagraph (A), by striking ``25'' and inserting
``50''; and
(iii) in subparagraph (B)--
(I) in clause (i), by striking ``more than 25 employees but
less than 35 employees'' and inserting ``more than 50
employees but less than 70 employees''; and
(II) in clause (ii), by striking ``subsection (i)'' and
inserting ``subsection (j)'';
(2) in subsection (c), by striking ``60 percent'' and
inserting ``80 percent'';
(3) in subsection (e)(1), by striking ``subsection (i)''
and inserting ``subsection (j)'';
(4) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(5) by inserting after subsection (e) the following:
``(f) Federal Outreach.--
``(1) In general.--In each of fiscal years 2023 through
2028, for the purpose of State participation in the
Cooperative Interstate Shipment program, the Secretary shall
conduct outreach to, and, as appropriate, subsequent
negotiation with, not fewer than 25 percent of the States
that--
``(A) have a State poultry product inspection program
pursuant to section 5; but
``(B) do not have a selected establishment.
``(2) Report.--At the conclusion of each of fiscal years
2023 through 2028, the Secretary shall submit a report
detailing the activities and results of the outreach
conducted during that fiscal year under paragraph (1) to--
``(A) the Committee on Agriculture of the House of
Representatives;
``(B) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
``(C) the Subcommittee on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies of the
Committee on Appropriations of the House of Representatives;
and
``(D) the Subcommittee on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies of the
Committee on Appropriations of the Senate.''.
(b) Meat and Meat Food Products.--Section 501 of the
Federal Meat Inspection Act (21 U.S.C. 683) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``25 employees'' each
place it appears and inserting ``50 employees''; and
(B) in paragraph (3)--
(i) in the paragraph heading, by striking ``25'' and
inserting ``50'';
(ii) in subparagraph (A), by striking ``25'' and inserting
``50''; and
(iii) in subparagraph (B)(i), by striking ``more than 25
employees but less than 35 employees'' and inserting ``more
than 50 employees but less than 70 employees'';
(2) in subsection (c), by striking ``60 percent'' and
inserting ``80 percent''; and
(3) in subsection (f), by adding at the end the following:
``(3) Federal outreach.--
``(A) In general.--In each of fiscal years 2023 through
2028, for the purpose of State participation in the
Cooperative Interstate Shipment program, the Secretary shall
conduct outreach to, and, as appropriate, subsequent
negotiation with, not fewer than 25 percent of the States
that--
``(i) have a State meat inspection program pursuant to
section 301; but
``(ii) do not have a selected establishment.
``(B) Report.--At the conclusion of each of fiscal years
2023 through 2028, the Secretary shall submit a report
detailing the activities and results of the outreach
conducted during that fiscal year under paragraph (1) to--
``(i) the Committee on Agriculture of the House of
Representatives;
``(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(iii) the Subcommittee on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies of the
Committee on Appropriations of the House of Representatives;
and
``(iv) the Subcommittee on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies of the
Committee on Appropriations of the Senate.''.
SEC. 5. PROCESSING RESILIENCE GRANT PROGRAM.
Subtitle A of the Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.) is amended by adding at the end the
following:
``SEC. 210B. PROCESSING RESILIENCE GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Business enterprise owned and controlled by socially
and economically disadvantaged individuals.--The term
`business enterprise owned and controlled by socially and
economically disadvantaged individuals' has the meaning given
the term in section 3002 of the State Small Business Credit
Initiative Act of 2010 (12 U.S.C. 5701).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a smaller establishment or very small establishment
(as those terms are defined in the final rule entitled
`Pathogen Reduction; Hazard Analysis and Critical Control
Point (HACCP) Systems' (61 Fed. Reg. 33806 (July 25, 1996)));
``(B) a slaughtering or processing establishment subject
to--
``(i) a State meat inspection program pursuant to section
301 of the Federal Meat Inspection Act (21 U.S.C. 661); or
``(ii) a State poultry product inspection program pursuant
to section 5 of the Poultry Products Inspection Act (21
U.S.C. 454);
``(C) a person engaging in custom operations that is exempt
from inspection under--
``(i) section 23 of the Federal Meat Inspection Act (21
U.S.C. 623); or
``(ii) section 15 of the Poultry Products Inspection Act
(21 U.S.C. 464); and
``(D) a person seeking--
``(i) to establish and operate an establishment described
in subparagraph (A) or (B); or
``(ii) to engage in custom operations described in
subparagraph (C).
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Administrator of the
Agricultural Marketing Service.
``(b) Grants.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Secretary shall award
competitive grants to eligible entities for activities to
increase resiliency and diversification of the meat
processing system, including activities that--
``(A) support the health and safety of meat and poultry
plant employees, suppliers, and customers;
``(B) support increased processing capacity; and
``(C) otherwise support the resilience of the small meat
and poultry processing sector.
``(2) Maximum amount.--The maximum amount of a grant
awarded under this section shall not exceed $500,000.
``(3) Duration.--The term of a grant awarded under this
section shall not exceed 3 years.
``(c) Applications.--
``(1) In general.--An eligible entity desiring a grant
under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Applications for small grants.--The Secretary shall
establish a separate, simplified application process for
eligible entities applying for a grant under this section of
not more than $100,000.
``(3) Requirements.--The Secretary shall ensure that any
application for a grant under this section is--
``(A) simple and practicable;
``(B) accessible online; and
``(C) available through local staff of the Department of
Agriculture.
``(4) Notice.--Not later than 14 days before the date on
which the Secretary begins to accept applications under
paragraph (1), the Secretary shall publish a notice of
funding opportunity with respect to the grants available
under this section.
``(5) Reapplication.--If an application of an eligible
entity under this subsection is denied by the Secretary, the
eligible entity may submit a revised application.
``(6) Priority.--In reviewing applications submitted under
this subsection, the Secretary shall give priority to
proposals that will--
``(A) increase farmer and rancher access to animal
slaughter options within a 200-mile radius of the location of
the farmer or rancher;
``(B) support an eligible entity described in subsection
(a)(2)(A); or
``(C) support an eligible entity that is a business
enterprise owned and controlled by socially and economically
disadvantaged individuals.
``(d) Use of Grant.--An eligible entity that receives a
grant under this section shall use the grant funds to carry
out activities in
[[Page S319]]
support of the purposes described in subsection (b)(1),
including through--
``(1) the development and issuance of a Hazard Analysis and
Critical Control Points plan for the eligible entity, which
may be developed by a consultant;
``(2) the purchase or establishment, as applicable, of
facilities, equipment, processes, and operations necessary
for the eligible entity to comply with applicable
requirements under the Federal Meat Inspection Act (21 U.S.C.
601 et seq.) or the Poultry Products Inspection Act (21
U.S.C. 451 et seq.);
``(3) the purchase of cold storage, equipment, or
transportation services;
``(4) the purchase of temperature screening supplies,
testing for communicable diseases, disinfectant, sanitation
systems, hand washing stations, and other sanitizing
supplies;
``(5) the purchase and decontamination of personal
protective equipment;
``(6) the construction or purchase of humane handling
infrastructure, including holding space for livestock prior
to slaughter, shade structures, and knock box structures;
``(7)(A) the purchase of software and computer equipment
for record keeping, production data, Hazard Analysis and
Critical Control Points record review, and facilitation of
marketing and sales of products in a manner consistent with
the social distancing guidelines of the Centers for Disease
Control and Prevention; and
``(B) the provision of guidelines and training relating to
that software and computer equipment;
``(8) the provision of staff time and training for
implementing and monitoring health and safety procedures;
``(9) the development of a feasibility study or business
plan for, or the carrying out of any other activity
associated with, establishing or expanding a small meat or
poultry processing facility;
``(10) the purchase of equipment that enables the further
use or value-added sale of coproducts or byproducts, such as
organs, hides, and other relevant products; and
``(11) other activities associated with expanding or
establishing an eligible entity described in subsection
(a)(2)(A), as determined by the Secretary.
``(e) Outreach.--During the period beginning on the date on
which the Secretary publishes the notice under subsection
(c)(4) and ending on the date on which the Secretary begins
to accept applications under subsection (c)(1), the Secretary
shall perform outreach to States and eligible entities
relating to grants under this section.
``(f) Federal Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the activities carried out using a grant awarded
under this section shall not exceed--
``(A) 90 percent in the case of a grant in the amount of
$100,000 or less; or
``(B) 75 percent in the case of a grant in an amount
greater than $100,000.
``(2) Fiscal years 2023 and 2024.--An eligible entity
awarded a grant under this section during fiscal year 2023 or
2024 shall not be required to provide non-Federal matching
funds with respect to the grant.
``(g) Administration.--The promulgation of regulations
under, and administration of, this section shall be made
without regard to--
``(1) the notice and comment provisions of section 553 of
title 5, United States Code; and
``(2) chapter 35 of title 44, United States Code (commonly
known as the `Paperwork Reduction Act').
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture to carry
out this section $20,000,000 for each of fiscal years 2023
through 2028.''.
SEC. 6. LOCAL MEAT AND POULTRY PROCESSING TRAINING PROGRAMS.
Title IV of the Agricultural Research, Extension, and
Education Reform Act of 1998 is amended by inserting before
section 404 (7 U.S.C. 7624) the following:
``SEC. 403. LOCAL MEAT AND POULTRY PROCESSING TRAINING
PROGRAMS.
``(a) Institutional Career Training Programs.--
``(1) In general.--The Secretary shall provide competitive
grants to junior or community colleges, technical or
vocational schools, nonprofit organizations, worker training
centers, and land-grant colleges and universities (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103))
to establish or expand career training programs relating to
meat and poultry processing.
``(2) Applications for small grants.--The Secretary shall
establish a separate, simplified application and reporting
process for entities described in paragraph (1) applying for
a grant under this subsection of not more than $100,000.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $10,000,000 for each of fiscal years 2023 through
2028.
``(b) Processor Career Training Programs.--
``(1) In general.--The Secretary shall provide grants to
smaller establishments and very small establishments (as
those terms are defined in the final rule entitled `Pathogen
Reduction; Hazard Analysis and Critical Control Point (HACCP)
Systems' (61 Fed. Reg. 38806 (July 25, 1996))) and
nongovernmental organizations to offset the cost of training
new meat and poultry processors.
``(2) Applications for small grants.--The Secretary shall
establish a separate, simplified application and reporting
process for entities described in paragraph (1) applying for
a grant under this subsection of not more than $100,000.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $10,000,000 for each of fiscal years 2023 through
2028.''.
______
By Mr. DURBIN (for himself and Mr. Graham):
S. 365. A bill to authorize the cancellation of removal and
adjustment of status of certain individuals who are long-term United
States residents and who entered the United States as children, and for
other purposes; to the Committee on the Judiciary.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 365
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dream Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration
laws shall have the meaning given such term in the
immigration laws.
(2) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by President Obama on June 15,
2012.
(3) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(4) Early childhood education program.--The term ``early
childhood education program'' has the meaning given such term
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(5) Elementary school; high school; secondary school.--The
terms ``elementary school'', ``high school'', and ``secondary
school'' have the meanings given such terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(6) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(7) Institution of higher education.--The term
``institution of higher education''--
(A) except as provided in subparagraph (B), has the meaning
given such term in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher education
outside of the United States.
(8) Permanent resident status on a conditional basis.--The
term ``permanent resident status on a conditional basis''
means status as an alien lawfully admitted for permanent
residence on a conditional basis under this Act.
(9) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(10) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(11) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
SEC. 3. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR
CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any
other provision of law, an alien shall be considered, at the
time of obtaining the status of an alien lawfully admitted
for permanent residence under this section, to have obtained
such status on a conditional basis subject to the provisions
under this Act.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall cancel the removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, an alien who is
inadmissible or deportable from the United States or is in
temporary protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), if--
(A) the alien has been continuously physically present in
the United States since the date that is 4 years before the
date of the enactment of this Act;
(B) the alien was younger than 18 years of age on the date
on which the alien initially entered the United States;
(C) subject to paragraphs (2) and (3), the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
(6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(ii) has not ordered, incited, assisted, or otherwise
participated in the persecution of
[[Page S320]]
any person on account of race, religion, nationality,
membership in a particular social group, or political
opinion; and
(iii) has not been convicted of--
(I) any offense under Federal or State law, other than a
State offense for which an essential element is the alien's
immigration status, that is punishable by a maximum term of
imprisonment of more than 1 year; or
(II) 3 or more offenses under Federal or State law, other
than State offenses for which an essential element is the
alien's immigration status, for which the alien was convicted
on different dates for each of the 3 offenses and imprisoned
for an aggregate of 90 days or more; and
(D) the alien--
(i) has been admitted to an institution of higher
education;
(ii) has earned a high school diploma or a commensurate
alternative award from a public or private high school, or
has obtained a general education development certificate
recognized under State law or a high school equivalency
diploma in the United States; or
(iii) is enrolled in secondary school or in an education
program assisting students in--
(I) obtaining a regular high school diploma or its
recognized equivalent under State law; or
(II) in passing a general educational development exam, a
high school equivalence diploma examination, or other similar
State-authorized exam.
(2) Waiver.--With respect to any benefit under this Act,
the Secretary may waive the grounds of inadmissibility under
paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for
humanitarian purposes or family unity or if the waiver is
otherwise in the public interest.
(3) Treatment of expunged convictions.--An expunged
conviction shall not automatically be treated as an offense
under paragraph (1). The Secretary shall evaluate expunged
convictions on a case-by-case basis according to the nature
and severity of the offense to determine whether, under the
particular circumstances, the Secretary determines that the
alien should be eligible for cancellation of removal,
adjustment to permanent resident status on a conditional
basis, or other adjustment of status.
(4) DACA recipients.--The Secretary shall cancel the
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence on a conditional basis, an
alien who was granted DACA unless the alien has engaged in
conduct since the alien was granted DACA that would make the
alien ineligible for DACA.
(5) Application fee.--
(A) In general.--The Secretary may require an alien
applying for permanent resident status on a conditional basis
under this section to pay a reasonable fee that is
commensurate with the cost of processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
(iv)(I) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, accumulated $10,000 or more in debt as a result of
unreimbursed medical expenses incurred by the alien or an
immediate family member of the alien; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(6) Submission of biometric and biographic data.--The
Secretary may not grant an alien permanent resident status on
a conditional basis under this section unless the alien
submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall
provide an alternative procedure for aliens who are unable to
provide such biometric or biographic data because of a
physical impairment.
(7) Background checks.--
(A) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate--
(i) to conduct security and law enforcement background
checks of an alien seeking permanent resident status on a
conditional basis under this section; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for such status.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary grants
such alien permanent resident status on a conditional basis
under this section.
(8) Medical examination.--
(A) Requirement.--An alien applying for permanent resident
status on a conditional basis under this section shall
undergo a medical examination.
(B) Policies and procedures.--The Secretary, with the
concurrence of the Secretary of Health and Human Services,
shall prescribe policies and procedures for the nature and
timing of the examination required under subparagraph (A).
(9) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section shall establish that the alien has registered under
the Military Selective Service Act (50 U.S.C. 3801 et seq.),
if the alien is subject to registration under such Act.
(c) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis under this section shall not terminate when the alien
is served a notice to appear under section 239(a) of the
Immigration and Nationality Act (8 U.S.C. 1229(a)).
(2) Treatment of certain breaks in presence.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), an alien shall be considered to have failed to
maintain continuous physical presence in the United States
under subsection (b)(1)(A) if the alien has departed from the
United States for any period exceeding 90 days or for any
periods, in the aggregate, exceeding 180 days.
(B) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in
subparagraph (A) for an alien who demonstrates that the
failure to timely return to the United States was due to
extenuating circumstances beyond the alien's control,
including the serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child
of the alien.
(C) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under subparagraph
(A).
(d) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who appears prima facie eligible for
relief under this section.
(2) Aliens subject to removal.--The Secretary shall provide
a reasonable opportunity to apply for relief under this
section to any alien who requests such an opportunity or who
appears prima facie eligible for relief under this section if
the alien is in removal proceedings, is the subject of a
final removal order, or is the subject of a voluntary
departure order.
(3) Certain aliens enrolled in elementary or secondary
school.--
(A) Stay of removal.--The Attorney General shall stay the
removal proceedings of an alien who--
(i) meets all the requirements under subparagraphs (A),
(B), and (C) of subsection (b)(1), subject to paragraphs (2)
and (3) of such subsection;
(ii) is at least 5 years of age; and
(iii) is enrolled in an elementary school, a secondary
school, or an early childhood education program.
(B) Commencement of removal proceedings.--The Secretary may
not commence removal proceedings for an alien described in
subparagraph (A).
(C) Employment.--An alien whose removal is stayed pursuant
to subparagraph (A) or who may not be placed in removal
proceedings pursuant to subparagraph (B) shall, upon
application to the Secretary, be granted an employment
authorization document.
(D) Lift of stay.--The Secretary or Attorney General may
not lift the stay granted to an alien under subparagraph (A)
unless the alien ceases to meet the requirements under such
subparagraph.
(e) Exemption From Numerical Limitations.--Nothing in this
section or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be
granted permanent resident status on a conditional basis
under this Act.
SEC. 4. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL
BASIS.
(a) Period of Status.--Permanent resident status on a
conditional basis is--
(1) valid for a period of 8 years, unless such period is
extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains
permanent resident status on a conditional basis, the
Secretary shall provide notice to the alien regarding the
provisions of this Act and the requirements to have the
conditional basis of such status removed.
(c) Termination of Status.--The Secretary may terminate the
permanent resident status on a conditional basis of an alien
only if the Secretary--
(1) determines that the alien ceases to meet the
requirements under paragraph (1)(C) of section 3(b), subject
to paragraphs (2) and (3) of that section; and
(2) prior to the termination, provides the alien--
(A) notice of the proposed termination; and
[[Page S321]]
(B) the opportunity for a hearing to provide evidence that
the alien meets such requirements or otherwise contest the
termination.
(d) Return to Previous Immigration Status.--
(1) In general.--Except as provided in paragraph (2), an
alien whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
shall return to the immigration status that the alien had
immediately before receiving permanent resident status on a
conditional basis or applying for such status, as
appropriate.
(2) Special rule for temporary protected status.--An alien
whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
and who had temporary protected status under section 244 of
the Immigration and Nationality Act (8 U.S.C. 1254a)
immediately before receiving or applying for such permanent
resident status on a conditional basis, as appropriate, may
not return to such temporary protected status if--
(A) the relevant designation under section 244(b) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been
terminated; or
(B) the Secretary determines that the reason for
terminating the permanent resident status on a conditional
basis renders the alien ineligible for such temporary
protected status.
SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT
STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
shall remove the conditional basis of an alien's permanent
resident status granted under this Act and grant the alien
status as an alien lawfully admitted for permanent residence
if the alien--
(A) is described in paragraph (1)(C) of section 3(b),
subject to paragraphs (2) and (3) of that section;
(B) has not abandoned the alien's residence in the United
States; and
(C)(i) has acquired a degree from an institution of higher
education or has completed at least 2 years, in good
standing, in a program for a bachelor's degree or higher
degree in the United States;
(ii) has served in the Uniformed Services for at least 2
years and, if discharged, received an honorable discharge; or
(iii) has been employed for periods totaling at least 3
years and at least 75 percent of the time that the alien has
had a valid employment authorization, except that any period
during which the alien is not employed while having a valid
employment authorization and is enrolled in an institution of
higher education, a secondary school, or an education program
described in section 3(b)(1)(D)(iii), shall not count toward
the time requirements under this clause.
(2) Hardship exception.--The Secretary shall remove the
conditional basis of an alien's permanent resident status and
grant the alien status as an alien lawfully admitted for
permanent residence if the alien--
(A) satisfies the requirements under subparagraphs (A) and
(B) of paragraph (1);
(B) demonstrates compelling circumstances for the inability
to satisfy the requirements under subparagraph (C) of such
paragraph; and
(C) demonstrates that--
(i) the alien has a disability;
(ii) the alien is a full-time caregiver of a minor child;
or
(iii) the removal of the alien from the United States would
result in extreme hardship to the alien or the alien's
spouse, parent, or child who is a national of the United
States or is lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph (B),
the conditional basis of an alien's permanent resident status
granted under this Act may not be removed unless the alien
demonstrates that the alien satisfies the requirements under
section 312(a) of the Immigration and Nationality Act (8
U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to an
alien who is unable to meet the requirements under such
section 312(a) due to disability.
(4) Application fee.--
(A) In general.--The Secretary may require aliens applying
for lawful permanent resident status under this section to
pay a reasonable fee that is commensurate with the cost of
processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
(iv)(I) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, the alien accumulated $10,000 or more in debt as a
result of unreimbursed medical expenses incurred by the alien
or an immediate family member of the alien; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(5) Submission of biometric and biographic data.--The
Secretary may not remove the conditional basis of an alien's
permanent resident status unless the alien submits biometric
and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for applicants who are unable to
provide such biometric data because of a physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate--
(i) to conduct security and law enforcement background
checks of an alien applying for removal of the conditional
basis of the alien's permanent resident status; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for removal of such conditional basis.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary removes
the conditional basis of the alien's permanent resident
status.
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional
basis shall be considered to have been admitted to the United
States, and be present in the United States, as an alien
lawfully admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization while the alien is in
permanent resident status on a conditional basis.
SEC. 6. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's
application for permanent resident status on a conditional
basis may include, as proof of identity--
(1) a passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint;
(2) the alien's birth certificate and an identity card that
includes the alien's name and photograph;
(3) a school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school;
(4) a Uniformed Services identification card issued by the
Department of Defense;
(5) any immigration or other document issued by the United
States Government bearing the alien's name and photograph; or
(6) a State-issued identification card bearing the alien's
name and photograph.
(b) Documents Establishing Continuous Physical Presence in
the United States.--To establish that an alien has been
continuously physically present in the United States, as
required under section 3(b)(1)(A), or to establish that an
alien has not abandoned residence in the United States, as
required under section 5(a)(1)(B), the alien may submit
documents to the Secretary, including--
(1) employment records that include the employer's name and
contact information;
(2) records from any educational institution the alien has
attended in the United States;
(3) records of service from the Uniformed Services;
(4) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(5) passport entries;
(6) a birth certificate for a child who was born in the
United States;
(7) automobile license receipts or registration;
(8) deeds, mortgages, or rental agreement contracts;
(9) tax receipts;
(10) insurance policies;
(11) remittance records;
(12) rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address;
(13) copies of money order receipts for money sent in or
out of the United States;
(14) dated bank transactions; or
(15) 2 or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States,
that contain--
(A) the name, address, and telephone number of the affiant;
and
(B) the nature and duration of the relationship between the
affiant and the alien.
(c) Documents Establishing Initial Entry Into the United
States.--To establish under section 3(b)(1)(B) that an alien
was
[[Page S322]]
younger than 18 years of age on the date on which the alien
initially entered the United States, an alien may submit
documents to the Secretary, including--
(1) an admission stamp on the alien's passport;
(2) records from any educational institution the alien has
attended in the United States;
(3) any document from the Department of Justice or the
Department of Homeland Security stating the alien's date of
entry into the United States;
(4) hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization;
(5) rent receipts or utility bills bearing the alien's name
or the name of an immediate family member of the alien, and
the alien's address;
(6) employment records that include the employer's name and
contact information;
(7) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(8) a birth certificate for a child who was born in the
United States;
(9) automobile license receipts or registration;
(10) deeds, mortgages, or rental agreement contracts;
(11) tax receipts;
(12) travel records;
(13) copies of money order receipts sent in or out of the
country;
(14) dated bank transactions;
(15) remittance records; or
(16) insurance policies.
(d) Documents Establishing Admission to an Institution of
Higher Education.--To establish that an alien has been
admitted to an institution of higher education, the alien
shall submit to the Secretary a document from the institution
of higher education certifying that the alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(e) Documents Establishing Receipt of a Degree From an
Institution of Higher Education.--To establish that an alien
has acquired a degree from an institution of higher education
in the United States, the alien shall submit to the Secretary
a diploma or other document from the institution stating that
the alien has received such a degree.
(f) Documents Establishing Receipt of High School Diploma,
General Educational Development Certificate, or a Recognized
Equivalent.--To establish that an alien has earned a high
school diploma or a commensurate alternative award from a
public or private high school, or has obtained a general
educational development certificate recognized under State
law or a high school equivalency diploma in the United
States, the alien shall submit to the Secretary--
(1) a high school diploma, certificate of completion, or
other alternate award;
(2) a high school equivalency diploma or certificate
recognized under State law; or
(3) evidence that the alien passed a State-authorized exam,
including the general educational development exam, in the
United States.
(g) Documents Establishing Enrollment in an Educational
Program.--To establish that an alien is enrolled in any
school or education program described in section
3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the alien
shall submit school records from the United States school
that the alien is currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current
grade or educational level.
(h) Documents Establishing Exemption From Application
Fees.--To establish that an alien is exempt from an
application fee under section 3(b)(5)(B) or 5(a)(4)(B), the
alien shall submit to the Secretary the following relevant
documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien shall provide proof of
identity, as described in subsection (a), that establishes
that the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the
alien's income, the alien shall provide--
(A) employment records that have been maintained by the
Social Security Administration, the Internal Revenue Service,
or any other Federal, State, or local government agency;
(B) bank records; or
(C) at least 2 sworn affidavits from individuals who are
not related to the alien and who have direct knowledge of the
alien's work and income that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, homelessness, or serious, chronic disability.--To
establish that the alien was in foster care, lacks parental
or familial support, is homeless, or has a serious, chronic
disability, the alien shall provide at least 2 sworn
affidavits from individuals who are not related to the alien
and who have direct knowledge of the circumstances that
contain--
(A) a statement that the alien is in foster care, otherwise
lacks any parental or other familiar support, is homeless, or
has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the affiant;
and
(C) the nature and duration of the relationship between the
affiant and the alien.
(4) Documents to establish unpaid medical expense.--To
establish that the alien has debt as a result of unreimbursed
medical expenses, the alien shall provide receipts or other
documentation from a medical provider that--
(A) bear the provider's name and address;
(B) bear the name of the individual receiving treatment;
and
(C) document that the alien has accumulated $10,000 or more
in debt in the past 12 months as a result of unreimbursed
medical expenses incurred by the alien or an immediate family
member of the alien.
(i) Documents Establishing Qualification for Hardship
Exemption.--To establish that an alien satisfies one of the
criteria for the hardship exemption set forth in section
5(a)(2)(C), the alien shall submit to the Secretary at least
2 sworn affidavits from individuals who are not related to
the alien and who have direct knowledge of the circumstances
that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(j) Documents Establishing Service in the Uniformed
Services.--To establish that an alien has served in the
Uniformed Services for at least 2 years and, if discharged,
received an honorable discharge, the alien shall submit to
the Secretary--
(1) a Department of Defense form DD-214;
(2) a National Guard Report of Separation and Record of
Service form 22;
(3) personnel records for such service from the appropriate
Uniformed Service; or
(4) health records from the appropriate Uniformed Service.
(k) Documents Establishing Employment.--
(1) In general.--An alien may satisfy the employment
requirement under section 5(a)(1)(C)(iii) by submitting
records that--
(A) establish compliance with such employment requirement;
and
(B) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any other
Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the
records described in paragraph (1) may satisfy the employment
requirement by submitting at least 2 types of reliable
documents that provide evidence of employment, including--
(A) bank records;
(B) business records;
(C) employer records;
(D) records of a labor union, day labor center, or
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the alien's
work, that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien; and
(F) remittance records.
(l) Authority To Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal
Register and an opportunity for public comment, that any
document or class of documents does not reliably establish
identity or that permanent resident status on a conditional
basis is being obtained fraudulently to an unacceptable
degree, the Secretary may prohibit or restrict the use of
such document or class of documents.
SEC. 7. RULEMAKING.
(a) Initial Publication.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
publish regulations implementing this Act in the Federal
Register. Such regulations shall allow eligible individuals
to immediately apply affirmatively for the relief available
under section 3 without being placed in removal proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of
title 5, United States Code, the regulations published
pursuant to subsection (a) shall be effective, on an interim
basis, immediately upon publication in the Federal Register,
but may be subject to change and revision after public notice
and opportunity for a period of public comment.
(c) Final Regulations.--Not later than 180 days after the
date on which interim regulations are published under this
section, the Secretary shall publish final regulations
implementing this Act.
(d) Paperwork Reduction Act.--The requirements under
chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act''), shall not apply to any
action to implement this Act.
SEC. 8. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use
information provided in applications filed under this Act or
in requests for DACA for the purpose of immigration
enforcement.
(b) Referrals Prohibited.--The Secretary may not refer any
individual who has been granted permanent resident status on
a conditional basis or who was granted DACA to U.S.
Immigration and Customs Enforcement, U.S. Customs and Border
Protection, or any designee of either such entity.
(c) Limited Exception.--Notwithstanding subsections (a) and
(b), information provided
[[Page S323]]
in an application for permanent resident status on a
conditional basis or a request for DACA may be shared with
Federal security and law enforcement agencies--
(1) for assistance in the consideration of an application
for permanent resident status on a conditional basis;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
SEC. 9. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
546).
______
By Mr. THUNE:
S. 389. A bill to deter the trafficking of illicit fentanyl, provide
justice for victims, and for other purposes; to the Committee on the
Judiciary.
Mr. THUNE. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 389
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Against Sponsors of
Illicit Fentanyl Act of 2023''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) International drug trafficking is a serious and deadly
problem that threatens the vital interests of the United
States and the safety and health of every community in the
United States.
(2) Transnational criminal organizations, cartels, and
violent gangs are leading perpetrators of drug trafficking,
often combining the manufacture and distribution of synthetic
opioids with violence, human smuggling and trafficking,
firearms trafficking, and public corruption, and pose a
sustained threat to the homeland security of the United
States.
(3) Illicit fentanyl is primarily produced in clandestine
laboratories and trafficked into the United States in powder
and pill form, including fentanyl-laced counterfeit pills.
(4) The People's Republic of China (hereinafter in this
section referred to as ``China'') is the primary source
country of fentanyl precursor chemicals used to manufacture
the illicit fentanyl that is trafficked into the United
States.
(5) The Commission on Combating Synthetic Opioid
Trafficking, established under section 7221 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), reported in 2022 that China, which supplied 70 to 80
percent of fentanyl seized by Federal authorities between
2014 and 2019, has been surpassed by Mexico as the ``dominant
source'' of illicit fentanyl in the United States.
(6) Illicit fentanyl is primarily trafficked by land into
the United States through legal ports of entry, as well as
between such ports of entry, with some trafficking
facilitated by domestic and foreign-based social media and
encrypted communication applications.
(7) In fiscal years 2021 and 2022, U.S. Customs and Border
Protection seized over 24,000 pounds of fentanyl at ports of
entry, a 200 percent increase from the amounts seized in
fiscal years 2019 and 2020.
(8) Deaths caused by the trafficking of illicit fentanyl
have reached epidemic proportions, as--
(A) fentanyl was involved in nearly 200,000 deaths in the
United States during the period between 2014 and 2020;
(B) the number of drug overdose deaths in the United States
surpassed 100,000 during the period between May 2020 and
April 2021, of which over 64,000 deaths were related to
fentanyl; and
(C) fentanyl and other synthetic opioids caused
approximately \2/3\ of more than 107,000 fatal overdoses in
the United States during 2021.
(9) Overdose deaths remain a leading cause of injury-
related death in the United States, and fentanyl-related
deaths are the leading cause of deaths among adults aged 18
to 45.
(10) Failure to meaningfully combat illicit fentanyl
trafficking will continue to stress the health care and law
enforcement resources of the United States.
(11) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy liability under
the Controlled Substances Act (21 U.S.C. 801 et seq.).
(12) The decision of the United States Court of Appeals for
the District of Columbia in Halberstam v. Welch, 705 F.2d 472
(D.C. Cir. 1983), which has been widely recognized as the
leading case regarding Federal civil aiding and abetting and
conspiracy liability, including by the Supreme Court of the
United States, provides the proper legal framework for how
such liability should function in the context of the
Controlled Substances Act (21 U.S.C. 801 et seq.).
(13) Persons, entities, or countries that knowingly or
recklessly contribute material support or resources, directly
or indirectly, to persons or organizations that pose a
significant risk of committing acts of trafficking of illicit
fentanyl that threaten the safety and health of nationals of
the United States or the national security, foreign policy,
or economy of the United States, necessarily direct such
conduct at the United States, and should reasonably
anticipate being brought to court in the United States to
answer for that conduct.
(14) The United States has a compelling interest in
providing persons and entities injured as a result of the
trafficking of illicit fentanyl into the United States with
full access to the court system in order to pursue civil
claims against persons, entities, or countries that have
knowingly or recklessly provided material support or
resources, directly or indirectly, to the persons or
organizations responsible for their injuries.
(b) Purpose.--The purpose of this Act is to provide civil
litigants with the broadest possible basis, consistent with
the Constitution of the United States, to seek relief against
persons, entities, and foreign countries, wherever acting and
wherever they may be found, that have provided material
support, directly or indirectly, to foreign organizations or
persons that engage in the trafficking of illicit fentanyl
into the United States.
SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR THE TRAFFICKING
OF FENTANYL INTO THE UNITED STATES.
(a) In General.--Chapter 97 of title 28, United States
Code, is amended by inserting after section 1605B the
following:
``Sec. 1605C. Responsibility of foreign states for the
trafficking of fentanyl into the united states
``(a) Definition.--In this section, the term `fentanyl
trafficking' means--
``(1) means any illicit activity--
``(A) to produce, manufacture, distribute, sell, or
knowingly finance or transport--
``(i) illicit fentanyl, including any controlled substance
that is a synthetic opioid and any listed chemical (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) that is a synthetic opioid utilized for fentanyl
production; or
``(ii) active pharmaceutical ingredients or chemicals that
are used in the production of fentanyl;
``(B) to attempt to carry out an activity described in
subparagraph (A); or
``(C) to assist, abet, conspire, or collude with any other
person to carry out an activity described in subparagraph
(A);
``(2) a violation of section 401(a)(1) of the Controlled
Substances Act (21 U.S.C. 841(a)(1)) involving manufacturing,
distributing, or dispensing, or possessing with intent to
manufacture, distribute, or dispense, fentanyl or a fentanyl-
related substance in or into the United States;
``(3) an attempt or conspiracy to commit a violation
described in paragraph (2);
``(4) having manufactured, distributed, or dispensed, or
possessed with intent to manufacture, distribute, or
dispense, fentanyl or a fentanyl-related substance outside
the United States with the intention of such fentanyl or
fentanyl-related substance being distributed or dispensed in
or into the United States in violation of section 401(a)(1)
or 406 of the Controlled Substances Act (21 U.S.C. 841(a)(1),
846); or
``(5) having produced or manufactured, distributed, or
dispensed, or possessed with intent to manufacture,
distribute, or dispense, a substance that is a precursor to
fentanyl or a fentanyl-related substance with the intention
of such precursor, fentanyl, or fentanyl-related substance
being distributed or dispensed in or into the United States
in violation of section 401(a)(1) or 406 of the Controlled
Substances Act (21 U.S.C. 841(a)(1), 846).
``(b) Responsibility of Foreign States.--A foreign state
shall not be immune from the jurisdiction of the courts of
the United States in any case in which money damages are
sought against a foreign state for physical injury to person
or property or death occurring in the United States and
caused by--
``(1) an act of fentanyl trafficking in or into the United
States; and
``(2) a tortious act or acts of the foreign state, or of
any official, employee, or agent of that foreign state while
acting within the scope of his or her office, employment, or
agency, regardless where the tortious act or acts of the
foreign state occurred.
``(c) Claims by Nationals of the United States.--
``(1) Definition.--In this subsection, the term `person'
has the meaning given the term in section 1 of title 1.
``(2) Claims.--If a foreign state would not be immune under
subsection (b) with respect to an act of fentanyl trafficking
in or into the United States, a national of the United States
may bring a claim against the foreign state in the same
manner, and may obtain the same remedies, as a claim with
respect to an act of international terrorism brought under
section 2333.
[[Page S324]]
``(3) Aiding and abetting liability.--In an action under
paragraph (2) for an injury arising from an act of fentanyl
trafficking in or into the United States, liability may be
asserted as to any person who aids and abets, by knowingly
providing substantial assistance, or who conspires with the
person who committed such an act of fentanyl trafficking.
``(4) Effect on other foreign sovereign immunities.--
Nothing in paragraph (3) affects immunity of a foreign state
from jurisdiction under other law.
``(d) Rule of Construction.--A foreign state shall not be
subject to the jurisdiction of the courts of the United
States under subsection (b) on the basis of an omission or a
tortious act or acts that constitute mere negligence.''.
(b) Technical and Conforming Amendments.--
(1) The table of sections for chapter 97 of title 28,
United States Code, is amended by inserting after the item
relating to section 1605B the following:
``1605C. Responsibility of foreign states for the trafficking of
fentanyl into the United States.''.
(2) Subsection 1605(g)(1)(A) of title 28, United States
Code, is amended by striking ``or section 1605B'' and
inserting ``, 1605B, or 1605C''.
SEC. 4. STAY OF ACTIONS PENDING STATE NEGOTIATIONS.
(a) Exclusive Jurisdiction.--The courts of the United
States shall have exclusive jurisdiction in any action in
which a foreign state is subject to the jurisdiction of a
court of the United States under section 1605C of title 28,
United States Code, as added by section 3(a) of this Act.
(b) Intervention.--The Attorney General, in consultation
with the Administrator of the Drug Enforcement
Administration, may intervene in any action in which a
foreign state is subject to the jurisdiction of a court of
the United States under section 1605C of title 28, United
States Code, as added by section 3(a) of this Act, for the
purpose of seeking a stay of the civil action, in whole or in
part.
(c) Stay.--
(1) In general.--A court of the United States may stay a
proceeding against a foreign state in an action brought under
section 1605C of title 28, United States Code, as added by
section 3(a) of this Act, if the Secretary of State certifies
that the United States is engaged in good faith discussions
with the foreign state defendant concerning the resolution of
the claims against the foreign state, or any other parties as
to whom a stay of claims is sought.
(2) Duration.--
(A) In general.--A stay under this section may be granted
for not more than 180 days.
(B) Extension.--
(i) In general.--The Attorney General may petition the
court for an extension of the stay for additional 180-day
periods.
(ii) Recertification.--A court shall grant an extension
under clause (i) if the Secretary of State recertifies that
the United States remains engaged in good faith discussions
with the foreign state defendant concerning the resolution of
the claims against the foreign state, or any other parties as
to whom a stay of claims is sought.
SEC. 5. SEVERABILITY.
If any provision of this Act or any amendment made by this
Act, or the application of a provision or amendment to any
person or circumstance, is held to be invalid, the remainder
of this Act and the amendments made by this Act, and the
application of the provisions and amendments to any other
person not similarly situated or to other circumstances,
shall not be affected by the holding.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to any civil
action--
(1) pending on, or commenced on or after, the date of
enactment of this Act; and
(2) arising out of an injury to a person, property, or
business on or after January 1, 2013.
____________________