[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.

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