Rep. Frank Pallone, Jr.

Maddy summaryHR 51, the Washington, D.C. Admission Act, would admit Washington, D.C. as the 51st state, named "Washington, Douglass Commonwealth," granting its residents full representation in Congress with two Senators and one Representative. The bill establishes procedures for admission, including elections for state officials, with the state initially having one Representative until the next congressional apportionment. It would create a "Capital" area (including the White House, Capitol, and other key federal buildings) that remains under federal jurisdiction as the seat of the U.S. government, while the rest of the District becomes the new state. The bill also includes provisions to ensure continuity of federal services, property management, and legal procedures during the transition to statehood.

Commission to Study and Develop Reparation Proposals for African Americans Act This bill establishes the Commission to Study and Develop Reparation Proposals for African Americans. The commission must (1) compile documentary evidence of slavery in the United States; (2) study the role of the federal and state governments in supporting the institution of slavery; (3) analyze discriminatory laws and policies against freed African slaves and their descendants; and (4) recommend ways the United States may recognize and remedy the effects of slavery and discrimination on African Americans, including through a formal apology and compensation (i.e., reparations). The commission consists of individuals from civil society and reparations organizations and individuals appointed by the President and congressional leadership; Members of Congress and governmental employees may not serve on the commission. The commission may hold hearings, subpoena witnesses and records, and contract with other entities to conduct its work. The commission must submit its final report within 18 months of its first meeting.

American Data Privacy and Protection Act This bill establishes requirements for how companies, including nonprofits and common carriers, handle personal data, which includes information that identifies or is reasonably linkable to an individual. Specifically, the bill requires most companies to limit the collection, processing, and transfer of personal data to that which is reasonably necessary to provide a requested product or service and to other specified circumstances. It also generally prohibits companies from transferring individuals' personal data without their affirmative express consent. The bill establishes consumer data protections, including the right to access, correct, and delete personal data. Prior to engaging in targeted advertising, the bill requires companies to provide individuals with a means to opt out of such advertising. The bill also provides additional protections with respect to personal data of individuals under the age of 17. It further prohibits companies from using personal data to discriminate based on specified protected characteristics. Additionally, companies must implement security practices to protect and secure personal data against unauthorized access, and the Federal Trade Commission (FTC) may issue regulations for complying with this requirement. The bill provides for enforcement of these requirements by the FTC and state attorneys general. Beginning two years after the bill takes effect, individuals may, subject to certain notification requirements, bring civil actions for violations of the bill. Finally, the bill preempts state laws that are covered by the provisions of the bill except for certain categories of state laws and specified laws in Illinois and California.

21st Century President Act This act revises the definition of immediate family for purposes of a criminal offense involving a threat to kill, kidnap, or inflict bodily harm on a former President or a member of the immediate family of a former President. Specifically, it replaces gender-specific references to a former President's wife and widow with the gender-neutral terms spouse and surviving spouse .

Aviation Funding Stability Act of 20 21 This bill provides continuing appropriations to the Federal Aviation Administration (FAA) from the Airport and Airway Trust Fund if an appropriations bill for the FAA has not been enacted before a fiscal year begins or a joint resolution making continuing appropriations for the FAA is not in effect. The bill provides appropriations at the rate of operations that was provided for the prior fiscal year to continue programs, projects, and activities for which funds were provided in the preceding fiscal year.

This act directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to commemorate Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith, four Americans killed in the September 11, 2012, attack on the U.S. consulate in Benghazi, Libya. (Stevens was the U.S. Ambassador to Libya at the time, Smith was an officer in the Foreign Service, and Doherty and Woods were both government contractors and former Navy SEALs.) After the medal has been awarded, it shall be given to the Central Intelligence Agency Museum.

Real Courts, Rule of Law Act of 2022 This bill establishes the U.S. Immigration Courts, a system of courts to be independent of the executive branch. The bill also transfers all functions of the Executive Office for Immigration Review (EOIR) to the Immigration Courts, with some exceptions. (Currently, the EOIR, located in the Department of Justice, has authority to adjudicate immigration cases.) The trial division of the Immigration Courts shall have jurisdiction over various immigration-related matters, including (1) removal proceedings, (2) reviews of rescissions of lawful permanent resident status, and (3) reviews of credible fear determinations in applications for refugee status. The appellate division shall have jurisdiction over appeals of decisions by the trial division and certain Department of Homeland Security determinations. The bill establishes various requirements and authorities relating to the Immigration Courts, including qualifications, length of term in office, and mandatory retirement age for judges. Each appellate division judge must be appointed by the President with the advice and consent of the Senate, and the appellate division shall appoint the trial division judges.

Fair and Open Skies Act This bill prohibits the Department of Transportation (DOT) from issuing a foreign air carrier permit or an exemption from certain air carrier certificate requirements under the United States-European Union Air Transport Agreement of April 2007, unless DOT finds that issuing the permit or exemption would be consistent with Article 17 bis of the agreement, which provides that opportunities created by the agreement do not undermine labor standards or the labor-related rights and principles contained in the laws of the respective parties to the agreement; and imposes conditions on the permit or exemption necessary to ensure compliance with Article 17 bis . The bill modifies policy considerations relating to air carrier certificates to require DOT to consider preventing entry into U.S. markets by flag of convenience carriers (i.e., foreign air carriers established in a country other the home country of their majority owner in order to avoid regulations of the home country) and preventing the undermining of labor standards. In carrying out such air carrier certificate requirements, DOT must consider preventing entry of flag of convenience carriers into U.S. markets as being in the public interest and consistent with public convenience and necessity for safety in air transportation and air commerce. In formulating U.S. international air transportation policy relating to the elimination of discrimination and unfair competition, the Department of State and DOT must include in their considerations the undermining of labor standards.

Big Cat Public Safety Act This act revises requirements governing the trade of big cats (i.e., species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species) under the Lacey Act to limit the possession, breeding, and exhibition of big cats. The Lacey Act prohibits any person from importing, exporting, buying, selling, transporting, receiving, or acquiring big cats across state lines or the U.S. border. However, some exemptions are provided for certain entities, such as universities and wildlife sanctuaries. (Sec. 3) The act expands the Lacey Act prohibitions to include a prohibition on possessing or breeding big cats. Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. Owners of big cats that were born before this act's enactment may keep their big cats, but the owners must register them with the U.S. Fish and Wildlife Service. The act modifies the list of entities that are exempt from prohibitions to export, buy, sell, transport, receive, acquire, possess, or breed big cats. The modified list includes exemptions for entities or facilities exhibiting animals to the public if they (1) hold a Class C license in good standing under the Animal Welfare Act, and (2) do not allow individuals to come into direct physical contact with big cats. However, direct contact is allowed if the individual is a trained professional, a veterinarian, or directly supporting conservation programs that do not involve commercial activities and meet other specified restrictions. (Sec. 4) A person who knowingly violates the act must be fined not more than $20,000, or imprisoned for no more than five years, or both. The act considers each violation to be a separate offense. The offense must be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the prohibited wildlife species. (Sec. 5) The act extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed; thus, big cats bred or possessed in violation of the act are subject to forfeiture. (Sec. 6) The Department of the Interior must issue regulations to implement this act.

Further Continuing Appropriations and Extensions Act, 2023 This act provides continuing FY2023 appropriations for federal agencies through December 23, 2022, and extends several expiring programs and authorities. (Unless otherwise specified, the extensions referred to in this summary are also effective through December 23, 2022.) The act also requires the National Oceanic and Atmospheric Administration (NOAA) to develop guidance and take other actions to update precipitation estimates. (Sec. 3) This section provides that references to this Act included in any division of this act refer only to the provisions of the division unless the act expressly provides otherwise. (Sec. 4) This section provides appropriations for a payment to Colette Wallace McEachin, the beneficiary of the late Representative Aston Donald McEachin. (A gratuity equal to one year's salary has long been given to the heirs or beneficiaries of Members of Congress who die in office.) DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2023 Further Continuing Appropriations Act, 2023 This division provides continuing FY2023 appropriations to federal agencies through the earlier of December 23, 2022, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2023 appropriations bills have not been enacted when the existing CR expires on December 16, 2022. The CR funds most programs and activities at the FY2022 levels. It also extends several exceptions that provide funding flexibility or additional appropriations for various programs. The division also extends the Department of Homeland Security's federal intrusion detection and prevention system and a related reporting requirement. DIVISION B--OTHER MATTERS TITLE I--EXTENSIONS (Sec. 101) This section extends the authority of the Federal Communications Commission to conduct auctions for electromagnetic spectrum licenses. (Sec. 102) This section extends a special assessment on nonindigent persons or entities convicted of certain offenses involving sexual abuse or human trafficking. The assessment funds programs for human-trafficking survivors. United States Parole Commission Further Extension Act of 2022 (Sec. 103) This section extends the U.S. Parole Commission. (Sec. 104) This section extends the Commodity Futures Trading Commission Customer Protection Fund expenses account. TITLE II--BUDGETARY EFFECTS This title exempts the budgetary effects of this division and each succeeding division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules. DIVISION C--HEALTH AND HUMAN SERVICES TITLE I--MEDICARE AND MEDICAID (Sec. 101) This section extends certain increased payment adjustments for low-volume hospitals under Medicare's inpatient prospective payment system. (Sec. 102) This section extends the Medicare-Dependent Hospital Program, which provides additional payments to certain small rural hospitals that have a high proportion of Medicare patients. (Sec. 103) This section extends the increased Medicaid federal matching rate (also known as the Federal Medical Assistance Percentage) for U.S. territories. (Sec. 104) This section decreases funding for the Medicare Improvement Fund. TITLE II--HUMAN SERVICES (Sec. 201) This section extends and provides additional funding for the Maternal, Infant, and Early Childhood Home Visiting Program, which supports pregnant individuals and parents of young children in certain communities through home visits and partnerships with health, social service, and child development professionals. (Sec. 202) This section extends and provides additional funding for the Stephanie Tubbs Jones Child Welfare Services Program and the MaryLee Allen Promoting Safe and Stable Families Program (i.e., Title IV-B child and family services programs). TITLE III--EXTENSION OF FDA AUTHORIZATIONS (Sec. 301) This section reauthorizes the Critical Path Public-Private Partnerships, through which the Food and Drug Administration (FDA) may enter into collaborative agreements with eligible entities to develop projects designed to achieve certain goals, such as fostering medical product innovation and accelerating medical product development. (Sec. 302) This section reauthorizes a National Institutes of Health program to (1) develop and publish a priority list of needs in pediatric therapeutics, and (2) award funds to entities with expertise in conducting research regarding such needs. (Sec. 303) This section reauthorizes through December 24, 2022, the humanitarian device exemption program, which authorizes the FDA to, for the purposes of an application for approval to market a medical device, waive certain effectiveness requirements for an eligible device designed to treat or diagnose a disease or condition that affects no more than 8,000 individuals in the United States. Specifically, a request for such an exemption must be submitted on or before December 24, 2022. (Sec. 304) This section reauthorizes a program that provides grants or contracts to nonprofit consortia for demonstration projects to promote pediatric device development. (Sec. 305) This section reauthorizes until December 24, 2022, a provision that allows an applicant for market approval for an eligible single-enantiomer drug to make an election that may qualify the drug for a five-year market exclusivity period. (Sec. 306) This section extends through December 24, 2022, a provision requiring the FDA to accredit persons to inspect facilities that manufacture certain classes of medical devices. (Sec. 307) This section reauthorizes an FDA program that provides grants to defray the costs of developing drugs, medical devices, and medical foods for rare diseases or conditions. (Sec. 308) This section reauthorizes a provision requiring the FDA to post on its website quarterly reports with information on received generic drug applications and priority review applications. (Sec. 309) This section reauthorizes through December 24, 2022, a program that allows accredited persons to review reports and make recommendations to the FDA pertaining to the initial classification of medical devices. TITLE IV--INDIAN HEALTH This title extends until December 24, 2022, provisions that prohibit the Indian Health Service from disbursing funds to Alaska Native villages or corporations that are located in areas served by Alaska Native regional health entities. DIVISION D--PRECIP ACT Providing Research and Estimates of Changes In Precipitation Act or the PRECIP Act This division directs the National Oceanic and Atmospheric Administration (NOAA) to take actions regarding precipitation estimation. NOAA must seek to enter an agreement with the National Academies of Science, Engineering, and Medicine to conduct a study on the state of practice and research needs for precipitation estimation, including probable maximum precipitation estimation. NOAA, in consideration of the study's recommendations, shall consult with relevant partners on the development of a plan to update probable maximum precipitation estimates. NOAA shall develop guidance regarding probable maximum precipitation estimates that (1) provides best practices for federal and state regulatory agencies, private meteorological consultants, and other users that perform probable maximum precipitation studies; (2) considers the recommendations provided in the National Academies study; (3) facilitates review of probable maximum precipitation studies by regulatory agencies; and (4) provides confidence in regional and site-specific probable maximum precipitation estimates.