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OFFICIALS LEGISLATION INTEREST GROUPS PUBLIC STATEMENTS COMMITTEES VETOES

Statements on Introduced Bills and Joint Resolutions

Floor Speech

By: John Thune

Date: Feb. 9, 2023

Location: Washington, DC

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

(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.

(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:

(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

(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.

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.

``(b) Database of Studies; Model Plans.--Not later than 18 months after the date of enactment of this section, the Secretary shall--

``(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.

(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 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.

``(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.

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.

``(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.

(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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