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117-s-3714 | II 117th CONGRESS 2d Session S. 3714 IN THE SENATE OF THE UNITED STATES February 28, 2022 Mr. Hawley (for himself, Mr. Grassley , Mr. Hagerty , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To prioritize United States energy independence, and for other purposes.
1. Short title This Act may be cited as the American Energy Independence Act of 2022 . 2. Policy It shall be the policy of the United States— (1) to secure energy independence; (2) to provide people in the United States with stable, affordable, and reliable energy prices, including gasoline, diesel, electricity, natural gas, and propane; (3) to lift regulations on United States energy producers; and (4) to address the impending energy crisis caused by the illegal invasion by Russia of Ukraine. 3. Prioritization of United States energy independence (a) President The President shall— (1) direct the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of Transportation, the Secretary of Defense, and the Secretary of the Interior to prioritize United States energy independence; and (2) not later than 120 days after the date of enactment of this Act, develop and submit to Congress, and make publicly available, a plan for the United States to achieve energy independence by 2024. (b) Secretary of Energy (1) In general Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall develop a program, promulgate rules, and issue guidance to ensure that the United States is— (A) energy independent by 2024; and (B) a net exporter of energy. (2) Hydraulic fracturing Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall review existing programs of the Department of Energy and promulgate regulations to reduce the regulatory burden on private United States entities harvesting energy through hydraulic fracturing. (c) Domestic energy independence (1) In general Not later than 120 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this subsection as the Administrator ) shall— (A) identify and repeal any regulations promulgated by the Administrator during the 15-year period preceding the date of enactment of this Act that have the intent or effect of substantially reducing the energy independence of the United States; and (B) promulgate regulations and issue guidance relating to— (i) reducing the regulatory burden for energy producers in the United States; (ii) increasing the energy output by those producers; and (iii) setting the social cost of carbon to $0 per metric ton. (2) Prohibition The Administrator shall not propose, finalize, or issue any regulation relating to climate change if the Administrator determines that such a regulation will— (A) reduce the energy security of the United States; or (B) increase energy costs for consumers in the United States. (d) Department of Transportation (1) Review and report Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall— (A) conduct a review of all existing programs of the Department of Transportation relating to transportation prices in the United States; and (B) submit to Congress a report on the stability of transportation prices and the affordability of transportation in the United States. (2) Rulemaking Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations and issue guidance to promote stable and affordable gasoline and diesel prices for commuters in the United States. (e) Department of Defense report Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress and make publicly available a report reviewing the national security implications of the dependence of the United States and allied countries on Russian energy exports. (f) Leasing of Federal land for oil and natural gas production Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall— (1) conduct a review of existing Federal programs relating to the leasing of Federal land for oil and natural gas production; and (2) based on the review, promulgate regulations and issue guidance— (A) to promote the leasing of Federal land for oil and natural gas production; and (B) to reduce regulatory burdens on energy companies in the United States. (g) Federal Energy Regulatory Commission (1) Definitions In this subsection: (A) Commission The term Commission means the Federal Energy Regulatory Commission. (B) Covered application The term covered application means an application submitted to the Commission relating to the construction, leasing, or operation of 1 or more pipelines. (2) Review of covered applications previously denied Not later than 120 days after the date of enactment of this Act, the Commission shall review and reconsider, in light of the national security implications of the energy independence of the United States, all covered applications denied by the Commission during the 10-year period ending on the date of enactment of this Act. (3) Presumption applicable to covered applications (A) In general Subject to subparagraph (B), the Commission shall— (i) presume that all covered applications received by the Commission during the period beginning on the date that is 1 year before the date of enactment of this Act and ending on January 1, 2024, will have a positive effect on national security by contributing to the energy independence of the United States; and (ii) consider those covered applications to be granted, based on that presumption. (B) Rebuttal The Commission may overcome the presumption described in subparagraph (A) and deny a covered application considered to be granted under that subparagraph if the Commission makes competing findings under any other Act with respect to the national security implications of the covered application. 4. Abrogation of energy policies (a) Prohibition on use of funds To implement the Paris Agreement (1) Prohibition (A) In general No funds appropriated or otherwise made available for fiscal year 2021 or any fiscal year thereafter may be used to implement the Paris Agreement. (B) Inclusions The prohibition under subparagraph (A) includes the use of funds for the following: (i) Preparing, communicating, or maintaining nationally determined contributions. (ii) Funding emissions reductions of developing countries. (iii) Developing financial mechanisms that incentivize offshoring of jobs. (iv) The Green Climate Fund. (2) Termination of prohibition The prohibition under paragraph (1) shall terminate on the date on which the Senate provides advice and consent to the ratification of the Paris Agreement pursuant to section 2 of article II of the Constitution of the United States. (3) Definition of Paris Agreement In this subsection, the term Paris Agreement means the decision by the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change in Paris, France, adopted December 12, 2015. (b) Authorization of Keystone XL pipeline (1) Authorization TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). (2) No Presidential Permit Required No Presidential permit (or similar permit) under Executive Order 13867 ( 3 U.S.C. 301 note; relating to the issuance of permits with respect to facilities and land transportation crossings at the international boundaries of the United States), Executive Order 12038 ( 42 U.S.C. 7151 note; relating to the transfer of certain functions to the Secretary of Energy), Executive Order 10485 ( 15 U.S.C. 717b note; relating to the performance of functions respecting electric power and natural gas facilities located on United States borders), or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). (c) Nullification of climate crisis executive order Executive Order 14008 ( 42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad) is rescinded and shall have no force or effect. (d) Waters of the United States (1) Definitions The definitions of the term waters of the United States and the other terms defined in section 328.3 of title 33, Code of Federal Regulations (as in effect on June 22, 2020), are enacted into law. (2) Codification of navigable waters protection rule The final rule of the Corps of Engineers and the Environmental Protection Agency entitled The Navigable Waters Protection Rule: Definition of Waters of the United States (85 Fed. Reg. 22250 (April 21, 2020)) is enacted into law. (3) Abrogation of proposed rule The proposed rule of the Corps of Engineers and the Environmental Protection Agency entitled Revised Definition of Waters of the United States (86 Fed. Reg. 69372 (December 7, 2021)) is rescinded and shall have no force or effect. (e) Abrogation of methane rule The proposed rule of the Environmental Protection Agency entitled Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review (86 Fed. Reg. 63110 (November 15, 2021)) is rescinded and shall have no force or effect. 5. Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) describes the status of United States dependence on foreign countries for energy needs; (2) (A) describes the compliance of applicable Federal agencies with this Act; and (B) evaluates the effect of that compliance on United States energy independence; and (3) evaluates the stability and affordability of energy prices for United States consumers. | https://www.govinfo.gov/content/pkg/BILLS-117s3714is/xml/BILLS-117s3714is.xml |
117-s-3715 | II 117th CONGRESS 2d Session S. 3715 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Thune (for himself, Mr. Moran , Mr. Young , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Electronic Signatures in Global and National Commerce Act to accommodate emerging technologies.
1. Short title This Act may be cited as the E-SIGN Modernization Act of 2022 . 2. Requirements for consent to electronic disclosures (a) In general Title I of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 et seq. ) is amended— (1) in section 101(c) ( 15 U.S.C. 7001(c) )— (A) in paragraph (1), by striking subparagraphs (C) and (D) and inserting the following: (C) the consumer, prior to consenting, is provided with a statement of the hardware and software requirements for access to and retention of the electronic records; and (D) after the consent of a consumer in accordance with subparagraph (A), if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the electronic record provides the consumer with a statement of— (i) the revised hardware and software requirements for access to and retention of the electronic records; and (ii) the right to withdraw consent without the imposition of any fees for such withdrawal and without the imposition of any condition or consequence that was not disclosed under subparagraph (B)(i). ; (B) by striking paragraph (3); and (C) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively; (2) in section 104(d)(1) ( 15 U.S.C. 7004(d)(1) ), by inserting or a State regulatory agency after Federal regulatory agency ; (3) by striking section 105 ( 15 U.S.C. 7005 ); and (4) by redesignating sections 106 and 107 ( 15 U.S.C. 7006 , 7001 note) as sections 105 and 106, respectively. (b) Technical and conforming amendments (1) Economic Growth, Regulatory Relief, and Consumer Protection Act Section 215(f)(2) of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( 42 U.S.C. 405b(f)(2) ) is amended by striking section 106 of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7006 ) and inserting section 105 of the Electronic Signatures in Global and National Commerce Act . (2) Electronic Fund Transfer Act Section 920(g)(2)(A) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–1(g)(2)(A) ) is amended by striking section 106(2) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7006(2) ) and inserting section 105(2) of the Electronic Signatures in Global and National Commerce Act . (3) Electronic Signatures in Global and National Commerce Act The Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 et seq. ) is amended— (A) in section 201(a)(2) ( 15 U.S.C. 7021(a)(2) ), by striking section 106 and inserting section 105 ; and (B) in section 301(c) ( 15 U.S.C. 7031(c) ), by striking section 106 and inserting section 105 . (c) Rule of construction Nothing in this section, or the amendments made by this section, may be construed as affecting the consent provided by any consumer under section 101(c) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001(c) ) before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3715is/xml/BILLS-117s3715is.xml |
117-s-3716 | II 117th CONGRESS 2d Session S. 3716 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Kennedy (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require Federal financial regulators to create a publicly available database for certain bad actors, and for other purposes.
1. Short title This Act may be cited as the Tracking Bad Actors Act of 2022 . 2. Definition In this Act, the term Federal financial regulator means— (1) the Commodity Futures Trading Commission; (2) the Securities and Exchange Commission; (3) the Office of the Comptroller of the Currency; (4) the Federal Deposit Insurance Corporation; (5) the Financial Industry Regulatory Agency; and (6) the Public Company Accounting Oversight Board. 3. Database (a) In general Not later than 3 years after the date of enactment of this Act, the Federal financial regulators shall jointly establish a publicly available database of persons convicted or held liable in criminal, civil, and administrative actions relating to financial services brought by— (1) any Federal financial regulator, to the greatest extent practicable; (2) the Department of Justice; (3) any self-regulatory organization or similar entity overseen by a Federal financial regulator if required by such regulator; or (4) any State or local criminal or regulatory agency that voluntarily submits information to the database. (b) Oversight The Securities and Exchange Commission shall be the lead agency responsible for oversight of the database established under subsection (a). (c) Free access The information in the database established under subsection (a) shall be free of charge to the public. (d) Operation The database established under subsection (a) shall be operated by a Federal agency or maintained by a third party. (e) Expungement Any agency who submits information to the database under subsection (a) shall expunge any enforcement action brought by the agency if the action is— (1) overturned upon judicial review; or (2) withdrawn by the agency. (f) Reports (1) Federal financial regulators The Federal financial regulators shall jointly submit to Congress an annual report on the database during the period beginning on the date of enactment of this Act and ending on the date on which the database is operational. (2) GAO report Not later than 5 years after the date on which the database is operational, the Comptroller General of the United States shall submit to Congress a report on the database. | https://www.govinfo.gov/content/pkg/BILLS-117s3716is/xml/BILLS-117s3716is.xml |
117-s-3717 | II Calendar No. 292 117th CONGRESS 2d Session S. 3717 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Cassidy (for himself and Mr. Brown ) introduced the following bill; which was read the first time March 2, 2022 Read the second time and placed on the calendar A BILL To withdraw normal trade relations treatment from, and apply certain provisions of title IV of the Trade Act of 1974 to, products of the Russian Federation, and for other purposes.
1. Short title This Act may be known as the No Most Favored Nation Trading with Russia Act . 2. Withdrawal of normal trade relations treatment with the Russian Federation Notwithstanding the provisions of title I of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112–208 ; 19 U.S.C. 2434 note) or any other provision of law, effective on the date of the enactment of this Act— (1) normal trade relations treatment shall not apply pursuant to section 102 of that Act to the products of the Russian Federation; and (2) normal trade relations treatment may thereafter be extended to the products of the Russian Federation only in accordance with the provisions of chapter 1 of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), as in effect with respect to the products of the Russian Federation on the day before the effective date of the accession of the Russian Federation to the World Trade Organization. 3. Cooperation with United States allies and partners (a) In general The President shall encourage allies and partners of the United States— (1) to consider taking actions similar to the actions taken under section 2, such as the withdrawal of permanent normal trade relations treatment for products of the Russian Federation; and (2) to condemn at the World Trade Organization the recent aggression by the Government of the Russian Federation in Ukraine. (b) Accountability at the WTO The President shall direct the Permanent Mission of the United States to the World Trade Organization to use the voice, vote, and influence of the United States at the World Trade Organization to seek the suspension of the membership of the Russian Federation in the World Trade Organization.
March 2, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3717pcs/xml/BILLS-117s3717pcs.xml |
117-s-3718 | II 117th CONGRESS 2d Session S. 3718 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Marshall (for himself, Mr. Barrasso , Mr. Moran , Mr. Cramer , Mr. Rubio , Mr. Scott of Florida , Mr. Grassley , Mr. Hoeven , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the importation of petroleum and petroleum products from the Russian Federation.
1. Prohibition on importation of petroleum and petroleum products from the Russian Federation (a) Finding Congress makes the following findings: (1) Article XXI of the General Agreement on Tariffs and Trade provides for security exceptions to the rules of the World Trade Organization to allow a member of the World Trade Organization to take actions necessary for the protection of its essential security interests during time of war or other emergency in international relations or to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security . (2) The aggression of the Russian Federation against Ukraine warrants taking action permitted under that Article. (b) Prohibition The importation of petroleum and petroleum products from the Russian Federation is prohibited. (c) Effective date (1) In general Subject to paragraph (2), the prohibition under subsection (b) applies with respect to petroleum and petroleum products entered, or withdrawn from warehouse for consumption, after the date that is 15 days after the date of the enactment of this Act. (2) Transition rule The prohibition under subsection (b) does not apply with respect to petroleum and petroleum products in transit to the United States on the day before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3718is/xml/BILLS-117s3718is.xml |
117-s-3719 | II 117th CONGRESS 2d Session S. 3719 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Southwestern Power Administration Fund, and for other purposes.
1. Short title This Act may be cited as the Southwestern Power Administration Fund Establishment Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Southwestern Power Administration. (2) Fund The term Fund means the Southwestern Power Administration Fund established by section 3(a). (3) Secretary The term Secretary means the Secretary of Energy. 3. Southwestern Power Administration Fund (a) Establishment of Fund There is established in the Treasury of the United States a fund, to be known as the Southwestern Power Administration Fund , consisting of— (1) all receipts, collections, and recoveries of the Southwestern Power Administration, including trust funds; (2) appropriations to the Fund; (3) amounts transferred to the Fund under subsection (b); and (4) amounts deposited in the Fund under the first proviso in the matter under the heading Operation and Maintenance, Southwestern Power Administration under the heading Power Marketing Administrations under the heading Department of Energy in title III of the Energy and Water Development Appropriations Act, 2005 ( 16 U.S.C. 825s–4 ). (b) Transfers to Fund There are transferred to the Fund— (1) unexpended balances in the continuing fund pursuant to the 11th paragraph under the heading OFFICE OF THE SECRETARY in title I of the Act of October 12, 1949 ( 16 U.S.C. 825s–1 ); (2) unexpended balances in the advanced payment fund pursuant to the first proviso in the matter under the heading Operation and Maintenance, Southwestern Power Administration under the heading Power Marketing Administrations under the heading Department of Energy in title III of the Energy and Water Development Appropriations Act, 2005 ( 16 U.S.C. 825s–4 ); and (3) unexpended balances in the offsetting collections fund pursuant to the fourth and fifth provisos in the matter under the heading Operation and Maintenance, Southwestern Power Administration under the heading Power Marketing Administrations under the heading Department of Energy in title III of the Energy and Water Development and Related Agencies Appropriations Act, 2010 ( 16 U.S.C. 825s–7 ) (as in effect on the day before the date of enactment of this Act). (c) Availability Amounts in the Fund shall remain available until expended. (d) Use Amounts in the Fund shall be used by the Secretary, acting through the Administrator, for expenses necessary for— (1) operation and maintenance of power transmission facilities; (2) marketing electric power and energy; (3) construction and acquisition of transmission lines, substations, and appurtenant facilities; and (4) administrative expenses in carrying out the duties of the Secretary under— (A) section 5 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) ( 16 U.S.C. 825s ); and (B) section 1232 of the Energy Policy Act of 2005 ( 42 U.S.C. 16431 ). (e) Obligations The Secretary, acting through the Administrator, may incur obligations for authorized purposes in advance of appropriations to be liquidated by the Fund. (f) Excess funds Annually, the Secretary, acting through the Administrator, shall transfer excess amounts in the Fund to the Treasury of the United States as miscellaneous receipts. (g) Applicable law The provisions of chapter 91 of title 31, United States Code, shall apply to the Administrator in carrying out this section in the same manner as the provisions apply to a wholly owned Government corporation (as defined in section 9101 of that title). (h) Conforming amendments (1) The proviso in the matter under the heading Operation and Maintenance, Southwestern Power Administration under the heading Power Marketing Administrations under the heading Department of Energy in title III of the Energy and Water Development Appropriations Act, 2005 ( 16 U.S.C. 825s–4 ), is amended— (A) by striking in fiscal year 2005 and inserting on the date of enactment of the Southwestern Power Administration Fund Establishment Act ; and (B) by striking credited to this account and inserting deposited in the Southwestern Power Administration Fund established by section 3(a) of the Southwestern Power Administration Fund Establishment Act . (2) The fourth and fifth provisos in the matter under the heading Operation and Maintenance, Southwestern Power Administration under the heading Power Marketing Administrations under the heading Department of Energy in title III of the Energy and Water Development and Related Agencies Appropriations Act, 2010 ( 16 U.S.C. 825s–7 ), are repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s3719is/xml/BILLS-117s3719is.xml |
117-s-3720 | II 117th CONGRESS 2d Session S. 3720 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Durbin (for himself, Mr. Grassley , Mr. Blumenthal , Mr. Tuberville , Mr. Brown , Mr. Hagerty , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to reform and reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the H–1B and L–1 Visa Reform Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—H–1B visa fraud and abuse protections Subtitle A—H–1B employer application requirements Sec. 101. Modification of application requirements. Sec. 102. New application requirements. Sec. 103. Application review requirements. Sec. 104. H–1B visa allocation. Sec. 105. H–1B workers employed by institutions of higher education. Sec. 106. Specialty occupation to require an actual degree. Sec. 107. Labor condition application fee. Sec. 108. H–1B subpoena authority for the Department of Labor. Sec. 109. Limitation on extension of H–1B petition. Sec. 110. Elimination of B–1 visas in lieu of H–1 visas. Subtitle B—Investigation and disposition of complaints against H–1B employers Sec. 111. General modification of procedures for investigation and disposition. Sec. 112. Investigation, working conditions, and penalties. Sec. 113. Waiver requirements. Sec. 114. Initiation of investigations. Sec. 115. Information sharing. Sec. 116. Conforming amendment. Subtitle C—Other protections Sec. 121. Posting available positions through the Department of Labor. Sec. 122. Transparency and report on wage system. Sec. 123. Requirements for information for H–1B and L–1 nonimmigrants. Sec. 124. Additional Department of Labor employees. Sec. 125. Technical correction. Sec. 126. Application. TITLE II—L–1 visa fraud and abuse protections Sec. 201. Prohibition on replacement of United States workers and restricting outplacement of L–1 nonimmigrants. Sec. 202. L–1 employer petition requirements for employment at new offices. Sec. 203. Cooperation with Secretary of State. Sec. 204. Investigation and disposition of complaints against L–1 employers. Sec. 205. Wage rate and working conditions for L–1 nonimmigrants. Sec. 206. Penalties. Sec. 207. Prohibition on retaliation against L–1 nonimmigrants. Sec. 208. Adjudication by Department of Homeland Security of petitions under blanket petition. Sec. 209. Reports on employment-based nonimmigrants. Sec. 210. Specialized knowledge. Sec. 211. Technical amendments. Sec. 212. Application. I H–1B visa fraud and abuse protections A H–1B employer application requirements 101. Modification of application requirements (a) General application requirements Section 212(n)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1)(A) ) is amended to read as follows: (A) The employer— (i) is offering and will offer to H–1B nonimmigrants, during the period of authorized employment for each H–1B nonimmigrant, wages that are determined based on the best information available at the time the application is filed and which are not less than the highest of— (I) the locally determined prevailing wage level for the occupational classification in the area of employment; (II) the median wage for all workers in the occupational classification in the area of employment; and (III) the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and (ii) will provide working conditions for such H–1B nonimmigrant that will not adversely affect the working conditions of United States workers similarly employed by the employer or by an employer with which such H–1B nonimmigrant is placed pursuant to a waiver under paragraph (2)(E). . (b) Internet posting requirement Section 212(n)(1)(C) of such Act is amended— (1) by redesignating clause (ii) as subclause (II); (2) by striking (i) has provided and inserting the following: (ii) (I) has provided ; and (3) by inserting before clause (ii), as redesignated by paragraph (2), the following: (i) has posted on the Internet website described in paragraph (3), for at least 30 calendar days, a detailed description of each position for which a nonimmigrant is sought that includes a description of— (I) the wages and other terms and conditions of employment; (II) the minimum education, training, experience, and other requirements for the position; and (III) the process for applying for the position; and . (c) Wage determination information Section 212(n)(1)(D) of such Act is amended by inserting the wage determination methodology used under subparagraph (A)(i), after shall contain . (d) Application of requirements to all employers (1) Nondisplacement Section 212(n)(1)(E) of such Act is amended to read as follows: (E) (i) The employer— (I) will not at any time replace a United States worker with 1 or more H–1B nonimmigrants; and (II) did not displace and will not displace a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer. (ii) The 180-day period referred to in clause (i) may not include any period of on-site or virtual training of H–1B nonimmigrants by employees of the employer. . (2) Recruitment Section 212(n)(1)(G)(i) of such Act is amended by striking In the case of an application described in subparagraph (E)(ii), subject and inserting Subject . (e) Waiver requirement Section 212(n)(1)(F) of such Act is amended to read as follows: (F) The employer will not place, outsource, lease, or otherwise contract for the services or placement of H–1B nonimmigrants with another employer, regardless of the physical location where such services will be performed, unless the employer of the alien has been granted a waiver under paragraph (2)(E). . 102. New application requirements Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ), as amended by section 101, is further amended by inserting after subparagraph (G)(ii) the following: (H) (i) The employer, or a person or entity acting on the employer’s behalf, has not advertised any available position specified in the application in an advertisement that states or indicates that— (I) such position is only available to an individual who is or will be an H–1B nonimmigrant; or (II) an individual who is or will be an H–1B nonimmigrant shall receive priority or a preference in the hiring process for such position. (ii) The employer has not primarily recruited individuals who are or who will be H–1B nonimmigrants to fill such position. (I) If the employer employs 50 or more employees in the United States— (i) the sum of the number of such employees who are H–1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) does not exceed 50 percent of the total number of employees; and (ii) the employer’s corporate organization has not been restructured to evade the limitation under clause (i). (J) If the employer, in such previous period as the Secretary shall specify, employed 1 or more H–1B nonimmigrants, the employer will submit to the Secretary the Internal Revenue Service Form W–2 Wage and Tax Statements filed by the employer with respect to the H–1B nonimmigrants for such period. . 103. Application review requirements (a) Technical amendment Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ), as amended by sections 101 and 102, is further amended, in the undesignated paragraph at the end, by striking The employer and inserting the following: (K) The employer. . (b) Application review requirements Section 212(n)(1)(K), as designated by subsection (a), is amended— (1) in the fourth sentence, by inserting and through the Department of Labor’s website, without charge. after D.C. ; (2) in the fifth sentence, by striking only for completeness and inserting for completeness, indicators of fraud or misrepresentation of material fact, ; (3) in the sixth sentence— (A) by striking or obviously inaccurate and inserting , presents indicators of fraud or misrepresentation of material fact, or is obviously inaccurate ; and (B) by striking within 7 days of and inserting not later than 14 days after ; and (4) by adding at the end the following: If the Secretary of Labor’s review of an application identifies indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2). . 104. H–1B visa allocation Section 214(g)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(3) ), is amended— (1) by striking the first sentence and inserting the following: (A) Subject to subparagraph (B), aliens who are subject to the numerical limitations under paragraph (1)(A) shall be issued visas, or otherwise provided nonimmigrant status, in a manner and order established by the Secretary by regulation. ; and (2) by adding at the end the following: (B) The Secretary shall consider petitions for nonimmigrant status under section 101(a)(15)(H)(i)(b) in the following order: (i) Petitions for nonimmigrants described in section 101(a)(15)(F) who, while physically present in the United States, have earned an advanced degree in a field of science, technology, engineering, or mathematics from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) that has been accredited by an accrediting entity that is recognized by the Department of Education. (ii) Petitions certifying that the employer will be paying the nonimmigrant the median wage for skill level 4 in the occupational classification found in the most recent Occupational Employment Statistics survey. (iii) Petitions for nonimmigrants described in section 101(a)(15)(F) who are graduates of any other advanced degree program, undertaken while physically present in the United States, from an institution of higher education described in clause (i). (iv) Petitions certifying that the employer will be paying the nonimmigrant the median wage for skill level 3 in the occupational classification found in the most recent Occupational Employment Statistics survey. (v) Petitions for nonimmigrants described in section 101(a)(15)(F) who are graduates of a bachelor’s degree program, undertaken while physically present in the United States, in a field of science, technology, engineering, or mathematics from an institution of higher education described in clause (i). (vi) Petitions for nonimmigrants described in section 101(a)(15)(F) who are graduates of bachelor’s degree programs, undertaken while physically present in the United States, in any other fields from an institution of higher education described in clause (i). (vii) Petitions for aliens who will be working in occupations listed in Group I of the Department of Labor’s Schedule A of occupations in which the Secretary of Labor has determined there are not sufficient United States workers who are able, willing, qualified, and available. (viii) Petitions filed by employers meeting the following criteria of good corporate citizenship and compliance with the immigration laws: (I) The employer is in possession of— (aa) a valid E-Verify company identification number; or (bb) if the enterprise is using a designated agent to perform E-Verify queries, a valid E-Verify client company identification number and documentation from U.S. Citizenship and Immigration Services that the commercial enterprise is a participant in good standing in the E-Verify program. (II) The employer is not under investigation by any Federal agency for violation of the immigration laws or labor laws. (III) A Federal agency has not determined, during the immediately preceding 5 years, that the employer violated the immigration laws or labor laws. (IV) During each of the preceding 3 fiscal years, at least 90 percent of the petitions filed by the employer under section 101(a)(15)(H)(i)(b) were approved. (V) The employer has filed, pursuant to section 204(a)(1)(F), employment-based immigrant petitions, including an approved labor certification application under section 212(a)(5)(A), for at least 90 percent of employees imported under section 101(a)(15)(H)(i)(b) during the preceding 3 fiscal years. (ix) Any remaining petitions. (C) In this paragraph the term field of science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, biological and biomedical sciences, mathematics and statistics, and physical sciences. . 105. H–1B workers employed by institutions of higher education Section 214(g)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(5) ) is amended by striking is employed (or has received an offer of employment) at each place such phrase appears and inserting is employed by (or has received an offer of employment from) . 106. Specialty occupation to require an actual degree Section 214(i) of the Immigration and Nationality Act ( 8 U.S.C. 1184(i) ) is amended— (1) in paragraph (1), by amending subparagraph (B) to read as follows: (B) attainment of a bachelor’s or higher degree in the specific specialty directly related to the occupation as a minimum for entry into the occupation in the United States. ; and (2) by striking paragraph (2) and inserting the following: (2) For purposes of section 101(a)(15)(H)(i)(b), the requirements under this paragraph, with respect to a specialty occupation, are— (A) full State licensure to practice in the occupation, if such licensure is required to practice in the occupation; or (B) if a license is not required to practice in the occupation— (i) completion of a United States degree described in paragraph (1)(B) for the occupation; or (ii) completion of a foreign degree that is equivalent to a United States degree described in paragraph (1)(B) for the occupation. . 107. Labor condition application fee Section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) ), as amended by sections 101 through 103, is further amended by adding at the end the following: (6) (A) The Secretary of Labor shall promulgate a regulation that requires applicants under this subsection to pay a reasonable application processing fee. (B) All of the fees collected under this paragraph shall be deposited as offsetting receipts within the general fund of the Treasury in a separate account, which shall be known as the H–1B Administration, Oversight, Investigation, and Enforcement Account and shall remain available until expended. The Secretary of the Treasury shall refund amounts in such account to the Secretary of Labor for salaries and related expenses associated with the administration, oversight, investigation, and enforcement of the H–1B nonimmigrant visa program. . 108. H–1B subpoena authority for the Department of Labor Section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2) ) is amended— (1) by redesignating subparagraph (I) as subparagraph (J); and (2) by inserting after subparagraph (H) the following: (I) The Secretary of Labor is authorized to take such actions, including issuing subpoenas and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to ensure employer compliance with the terms and conditions under this subsection. The rights and remedies provided to H–1B nonimmigrants under this subsection are in addition to any other contractual or statutory rights and remedies of such nonimmigrants and are not intended to alter or affect such rights and remedies. . 109. Limitation on extension of H–1B petition Section 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) ) is amended to read as follows: (4) (A) Except as provided in subparagraph (B), the period of authorized admission as a nonimmigrant described in section 101(a)(15)(H)(i)(b) may not exceed 3 years. (B) The period of authorized admission as a nonimmigrant described in subparagraph (A) who is the beneficiary of an approved employment-based immigrant petition under section 204(a)(1)(F) may be authorized for a period of up to 3 additional years if the total period of stay does not exceed six years, except for an extension under section 104(c) or 106(b) of the American Competitiveness in the Twenty-first Century Act of 2000 ( 8 U.S.C. 1184 note). . 110. Elimination of B–1 visas in lieu of H–1 visas Section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) Unless otherwise authorized by law, an alien normally classifiable under section 101(a)(15)(H)(i) who seeks admission to the United States to provide services in a specialty occupation described in paragraph (1) or (3) of subsection (i) may not be issued a visa or admitted under section 101(a)(15)(B) for such purpose. Nothing in this paragraph may be construed to authorize the admission of an alien under section 101(a)(15)(B) who is coming to the United States for the purpose of performing skilled or unskilled labor if such admission is not otherwise authorized by law. . B Investigation and disposition of complaints against H–1B employers 111. General modification of procedures for investigation and disposition Section 212(n)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(A) ) is amended— (1) by striking (A) Subject and inserting the following: (A) (i) Subject ; (2) by striking 12 months and inserting two years ; (3) by striking the last sentence; and (4) by adding at the end the following: (ii) (I) Upon the receipt of a complaint under clause (i), the Secretary may initiate an investigation to determine if such failure or misrepresentation has occurred. (II) In conducting an investigation under subclause (I), the Secretary may— (aa) conduct surveys of the degree to which employers comply with the requirements under this subsection; and (bb) conduct compliance audits of employers that employ H–1B nonimmigrants. (III) The Secretary shall— (aa) conduct annual compliance audits of not fewer than 1 percent of the employers that employ H–1B nonimmigrants during the applicable calendar year; (bb) conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H–1B nonimmigrants; and (cc) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause. (iii) The process for receiving complaints under clause (i) shall include a hotline that is accessible 24 hours a day, by telephonic and electronic means. . 112. Investigation, working conditions, and penalties Section 212(n)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(C) ) is amended— (1) in clause (i)— (A) in the matter preceding subclause (I), by striking a condition of paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I) and inserting a condition under subparagraph (A), (B), (C), (D), (E), (F), (G)(i), (H), (I), or (J) of paragraph (1) ; (B) in subclause (I)— (i) by striking $1,000 and inserting $5,000 ; and (ii) by striking and at the end; (C) in subclause (II), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits. ; (2) in clause (ii)— (A) in subclause (I)— (i) by striking may and inserting shall ; and (ii) by striking $5,000 and inserting $25,000 ; (B) in subclause (II), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits. ; (3) in clause (iii)— (A) in the matter preceding subclause (I), by striking displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application and inserting displaced or replaced a United States worker in violation of subparagraph (E) ; (B) in subclause (I)— (i) by striking may and inserting shall ; (ii) by striking $35,000 and inserting $150,000 ; and (iii) by striking and at the end; (C) in subclause (II), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits. ; (4) by striking clause (iv) and inserting the following: (iv) (I) An employer that has filed an application under this subsection violates this clause by taking, failing to take, or threatening to take or fail to take a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee— (aa) disclosed information that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection; or (bb) cooperated or sought to cooperate with the requirements under this subsection or any rule or regulation pertaining to this subsection. (II) In this subparagraph, the term employee includes— (aa) a current employee; (bb) a former employee; and (cc) an applicant for employment. (III) An employer that violates this clause shall be liable to the employee harmed by such violation for lost wages and benefits. ; and (5) in clause (vi)— (A) by amending subclause (I) to read as follows: (I) It is a violation of this clause for an employer that has filed an application under this subsection— (aa) to require an H–1B nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date agreed to by the nonimmigrant and the employer; or (bb) to fail to offer to an H–1B nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including— (AA) the opportunity to participate in health, life, disability, and other insurance plans; (BB) the opportunity to participate in retirement and savings plans; and (CC) cash bonuses and noncash compensation, such as stock options (whether or not based on performance). ; and (B) in subclause (III), by striking $1,000 and inserting $5,000 . 113. Waiver requirements (a) In general Section 212(n)(2)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(E) ) is amended to read as follows: (E) (i) The Secretary of Labor may waive the prohibition under paragraph (1)(F) if the Secretary determines that the employer seeking such waiver has established that— (I) the employer with which the H–1B nonimmigrant would be placed— (aa) does not intend to replace a United States worker with 1 or more H–1B nonimmigrants; and (bb) has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before the date of the placement of the nonimmigrant with the employer and ending 180 days after such date (not including any period of on-site or virtual training of H–1B nonimmigrants by employees of the employer); (II) the H–1B nonimmigrant will be principally controlled and supervised by the petitioning employer; and (III) the placement of the H–1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with which the H–1B nonimmigrant will be placed. (ii) The Secretary shall grant or deny a waiver under this subparagraph not later than seven days after the date on which the Secretary receives an application for such waiver. . (b) Rulemaking (1) Rules for waivers The Secretary of Labor, after notice and a period for comment, shall promulgate a final rule for an employer to apply for a waiver under section 212(n)(2)(E) of the Immigration and Nationality Act, as amended by subsection (a). (2) Requirement for publication The Secretary of Labor shall submit to Congress, and publish in the Federal Register and in other appropriate media, a notice of the date on which the rules required under paragraph (1) are promulgated. 114. Initiation of investigations Section 212(n)(2)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(G) ) is amended— (1) in clause (i), by striking if the Secretary of Labor and all that follows and inserting with regard to the employer’s compliance with the requirements under this subsection. ; (2) in clause (ii), by striking and whose identity and all that follows through failure or failures. and inserting the Secretary may conduct an investigation into the employer’s compliance with the requirements under this subsection. ; (3) in clause (iii), by striking the last sentence; (4) by striking clauses (iv) and (v); (5) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (6) in clause (iv), as redesignated, by striking meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months and inserting comply with the requirements under this subsection unless the Secretary of Labor receives the information not later than 2 years ; (7) by amending clause (v), as redesignated, to read as follows: (v) (I) Except as provided in subclause (II), the Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation under this subparagraph. Such notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. (II) The Secretary of Labor is not required to comply with subclause (I) if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements under this subsection. (III) A determination by the Secretary of Labor under this clause shall not be subject to judicial review. ; (8) in clause (vi), as redesignated, by striking An investigation and all that follows through the determination. and inserting If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary, not later than 120 days after the date of such determination, shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code. ; and (9) by adding at the end the following: (vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty in accordance with subparagraph (C). . 115. Information sharing Section 212(n)(2)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(H) ) is amended to read as follows: (H) The Director of U.S. Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by employers of H–1B nonimmigrants as part of the petition adjudication process that indicates that the employer is not complying with visa program requirements for H–1B nonimmigrants. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph. . 116. Conforming amendment Section 212(n)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(F) ) is amended by striking The preceding sentence shall apply to an employer regardless of whether or not the employer is an H–1B-dependent employer. . C Other protections 121. Posting available positions through the Department of Labor (a) Department of Labor website Section 212(n)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(3) ) is amended to read as follows: (3) (A) Not later than 90 days after the date of the enactment of the H–1B and L–1 Visa Reform Act of 2022 , the Secretary of Labor shall establish a searchable Internet website for posting positions in accordance with paragraph (1)(C) that is available to the public without charge. (B) The Secretary may work with private companies or nonprofit organizations to develop and operate the Internet website described in subparagraph (A). (C) The Secretary may promulgate rules, after notice and a period for comment, to carry out this paragraph. . (b) Publication requirement The Secretary of Labor shall submit to Congress, and publish in the Federal Register and in other appropriate media, a notice of the date on which the internet website required under section 212(n)(3) of the Immigration and Nationality Act, as amended by subsection (a), will be operational. (c) Application The amendment made by subsection (a) shall apply to any application filed on or after the date that is 30 days after the date described in subsection (b). 122. Transparency and report on wage system (a) Immigration documents Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended by adding at the end the following: (m) Employer To provide immigration paperwork exchanged with Federal agencies (1) In general Not later than 21 business days after receiving a written request from a former, current, or prospective employee of an employer who is the beneficiary of an employment-based nonimmigrant petition filed by the employer, such employer shall provide such employee or beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency or department that is related to an immigrant or nonimmigrant petition filed by the employer for such employee or beneficiary. (2) Withholding of financial or proprietary information If a document required to be provided to an employee or prospective employee under paragraph (1) includes any sensitive financial or proprietary information of the employer, the employer may redact such information from the copies provided to such person. . (b) GAO report on job classification and wage determinations Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall prepare a report that— (1) analyzes the accuracy and effectiveness of the Secretary of Labor’s current job classification and wage determination system; (2) specifically addresses whether the systems in place accurately reflect the complexity of current job types and geographic wage differences; and (3) makes recommendations concerning necessary updates and modifications. 123. Requirements for information for H–1B and L–1 nonimmigrants Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) Requirements for information for H–1B and L–1 nonimmigrants (1) In general Upon issuing a visa to an applicant, who is outside the United States, for nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15), the issuing office shall provide the applicant with— (A) a brochure outlining the obligations of the applicant’s employer and the rights of the applicant with regard to employment under Federal law, including labor and wage protections; (B) the contact information for appropriate Federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights; and (C) a copy of the petition submitted for the nonimmigrant under section 212(n) or the petition submitted for the nonimmigrant under subsection (c)(2)(A), as appropriate. (2) Applicants inside the united states Upon the approval of an initial petition filed for an alien who is in the United States and seeking status under subparagraph (H)(i)(b) or (L) of section 101(a)(15), the Secretary of Homeland Security shall provide the applicant with the material described in subparagraphs (A), (B), and (C) of paragraph (1). . 124. Additional Department of Labor employees (a) In general The Secretary of Labor is authorized to hire up to 200 additional employees to administer, oversee, investigate, and enforce programs involving nonimmigrant employees described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ). (b) Source of funds The cost of hiring the additional employees authorized to be hired under subsection (a) shall be recovered with funds from the H–1B Administration, Oversight, Investigation, and Enforcement Account established under section 212(n)(6) of the Immigration and Nationality Act, as added by section 107. 125. Technical correction Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by redesignating the second subsection (t), as added by section 1(b)(2)(B) of the Act entitled An Act to amend and extend the Irish Peace Process Cultural and Training Program Act of 1998 ( Public Law 108–449 ; 118 Stat. 3470), as subsection (u). 126. Application Except as specifically otherwise provided, the amendments made by this title shall apply to petitions and applications filed on or after the date of the enactment of this Act. II L–1 visa fraud and abuse protections 201. Prohibition on replacement of United States workers and restricting outplacement of L–1 nonimmigrants (a) Restriction on outplacement of L–1 workers Section 214(c)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2)(F) ) is amended to read as follows: (F) (i) Unless an employer receives a waiver under clause (ii), an employer may not employ an alien, for a cumulative period exceeding 1 year, who— (I) will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 101(a)(15)(L); and (II) will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent, including pursuant to an outsourcing, leasing, or other contracting agreement. (ii) The Secretary of Labor may grant a waiver of the requirements under clause (i) if the Secretary determines that the employer requesting such waiver has established that— (I) the employer with which the alien referred to in clause (i) would be placed— (aa) will not at any time replace a United States worker with 1 or more nonimmigrants described in section 101(a)(15)(L); and (bb) has not displaced and does not intend to displace a United States worker employed by the employer within the period beginning 180 days before the date of the placement of such alien with the employer and ending 180 days after such date (not including any period of on-site or virtual training of nonimmigrants described in section 101(a)(15)(L) by employees of the employer); (II) such alien will be principally controlled and supervised by the petitioning employer; and (III) the placement of the nonimmigrant is not essentially an arrangement to provide labor for hire for an unaffiliated employer with which the nonimmigrant will be placed, rather than a placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary. (iii) The Secretary shall grant or deny a waiver under clause (ii) not later than seven days after the date on which the Secretary receives the application for the waiver. . (b) Prohibition on replacement of United States workers Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ) is amended by adding at the end the following: (G) (i) An employer importing an alien as a nonimmigrant under section 101(a)(15)(L)— (I) may not at any time replace a United States worker (as defined in section 212(n)(4)(E)) with 1 or more such nonimmigrants; and (II) may not displace a United States worker (as defined in section 212(n)(4)(E)) employed by the employer during the period beginning 180 days before and ending 180 days after the date of the placement of such a nonimmigrant with the employer. (ii) The 180-day period referenced in clause (i)(II) may not include any period of on-site or virtual training of nonimmigrants described in clause (i) by employees of the employer. . (c) Rulemaking The Secretary of Homeland Security, after notice and a period for comment, shall promulgate rules for an employer to apply for a waiver under section 214(c)(2)(F)(ii), as added by subsection (a). 202. L–1 employer petition requirements for employment at new offices Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by section 201, is further amended by adding at the end the following: (H) (i) If the beneficiary of a petition under this paragraph is coming to the United States to open, or to be employed in, a new office, the petition may be approved for up to 12 months only if— (I) the alien has not been the beneficiary of 2 or more petitions under this subparagraph during the immediately preceding 2 years; and (II) the employer operating the new office has— (aa) an adequate business plan; (bb) sufficient physical premises to carry out the proposed business activities; and (cc) the financial ability to commence doing business immediately upon the approval of the petition. (ii) An extension of the approval period under clause (i) may not be granted until the importing employer submits an application to the Secretary of Homeland Security that contains— (I) evidence that the importing employer meets the requirements of this subsection; (II) evidence that the beneficiary of the petition is eligible for nonimmigrant status under section 101(a)(15)(L); (III) a statement summarizing the original petition; (IV) evidence that the importing employer has fully complied with the business plan submitted under clause (i)(I); (V) evidence of the truthfulness of any representations made in connection with the filing of the original petition; (VI) evidence that the importing employer, for the entire period beginning on the date on which the petition was approved under clause (i), has been doing business at the new office through regular, systematic, and continuous provision of goods and services; (VII) a statement of the duties the beneficiary has performed at the new office during the approval period under clause (i) and the duties the beneficiary will perform at the new office during the extension period granted under this clause; (VIII) a statement describing the staffing at the new office, including the number of employees and the types of positions held by such employees; (IX) evidence of wages paid to employees; (X) evidence of the financial status of the new office; and (XI) any other evidence or data prescribed by the Secretary. (iii) A new office employing the beneficiary of an L–1 petition approved under this paragraph shall do business only through regular, systematic, and continuous provision of goods and services for the entire period for which the petition is sought. (iv) Notwithstanding clause (ii), and subject to the maximum period of authorized admission set forth in subparagraph (D), the Secretary of Homeland Security, in the Secretary’s discretion, may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted 12-month period if the importing employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services for the 6 months immediately preceding the date of extension petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances, as determined by the Secretary in the Secretary’s discretion. . 203. Cooperation with Secretary of State Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by sections 201 and 202, is further amended by adding at the end the following: (I) The Secretary of Homeland Security shall work cooperatively with the Secretary of State to verify the existence or continued existence of a company or office in the United States or in a foreign country for purposes of approving petitions under this paragraph. . 204. Investigation and disposition of complaints against L–1 employers Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by sections 201 through 203, is further amended by adding at the end the following: (J) (i) The Secretary of Homeland Security may initiate an investigation of any employer that employs nonimmigrants described in section 101(a)(15)(L) with regard to the employer’s compliance with the requirements under this subsection. (ii) If the Secretary receives specific credible information from a source who is likely to have knowledge of an employer’s practices, employment conditions, or compliance with the requirements under this subsection, the Secretary may conduct an investigation into the employer’s compliance with the requirements of this subsection. The Secretary may withhold the identity of the source from the employer, and the source’s identity shall not be subject to disclosure under section 552 of title 5, United States Code. (iii) The Secretary shall establish a procedure for any person desiring to provide to the Secretary information described in clause (ii) that may be used, in whole or in part, as the basis for the commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person. (iv) No investigation described in clause (ii) (or hearing described in clause (vi) based on such investigation) may be conducted with respect to information about a failure to comply with the requirements under this subsection, unless the Secretary receives the information not later than 24 months after the date of the alleged failure. (v) Before commencing an investigation of an employer under clause (i) or (ii), the Secretary shall provide notice to the employer of the intent to conduct such investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that to do so would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary under this clause. (vi) If the Secretary, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 120 days after the date of the hearing. (vii) If the Secretary, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty under subparagraph (K). (viii) (I) The Secretary may conduct surveys of the degree to which employers comply with the requirements under this section. (II) The Secretary shall— (aa) conduct annual compliance audits of not less than 1 percent of the employers that employ nonimmigrants described in section 101(a)(15)(L) during the applicable fiscal year; (bb) conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are nonimmigrants described in section 101(a)(15)(L); and (cc) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause. (ix) The Secretary is authorized to take other such actions, including issuing subpoenas and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with the terms and conditions under this paragraph. The rights and remedies provided to nonimmigrants described in section 101(a)(15)(L) under this paragraph are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of such nonimmigrants, and are not intended to alter or affect such rights and remedies. . 205. Wage rate and working conditions for L–1 nonimmigrants (a) In general Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by sections 201 through 204, is further amended by adding at the end the following: (K) (i) An employer that employs a nonimmigrant described in section 101(a)(15)(L) for a cumulative period of time in excess of 1 year shall— (I) offer such nonimmigrant, during the period of authorized employment, wages, based on the best information available at the time the application is filed, which are not less than the highest of— (aa) the locally determined prevailing wage level for the occupational classification in the area of employment; (bb) the median wage for all workers in the occupational classification in the area of employment; and (cc) the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and (II) provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed by the employer or by an employer with which such nonimmigrant is placed pursuant to a waiver under subparagraph (F)(ii). (ii) If an employer, in such previous period specified by the Secretary of Homeland Security, employed 1 or more such nonimmigrants, the employer shall provide to the Secretary of Homeland Security the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period. (iii) It is a failure to meet a condition under this subparagraph for an employer who has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— (I) to require such a nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date mutually agreed to by the nonimmigrant and the employer; or (II) to fail to offer to such a nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including— (aa) the opportunity to participate in health, life, disability, and other insurance plans; (bb) the opportunity to participate in retirement and savings plans; and (cc) cash bonuses and noncash compensation, such as stock options (whether or not based on performance). . (b) Rulemaking The Secretary of Homeland Security, after notice and a period of comment and taking into consideration any special circumstances relating to intracompany transfers, shall promulgate rules to implement the requirements under section 214(c)(2)(K) of the Immigration and Nationality Act, as added by subsection (a). 206. Penalties Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by sections 201 through 205, is further amended by adding at the end the following: (L) (i) If the Secretary of Homeland Security determines, after notice and an opportunity for a hearing, that an employer failed to meet a condition under subparagraph (F), (G), (K), or (M), or misrepresented a material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— (I) the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate; (II) the Secretary may not, during a period of at least 1 year, approve a petition for that employer to employ 1 or more aliens as such nonimmigrants; and (III) in the case of a violation of subparagraph (K) or (M), the employer shall be liable to the employees harmed by such violation for lost wages and benefits. (ii) If the Secretary finds, after notice and an opportunity for a hearing, a willful failure by an employer to meet a condition under subparagraph (F), (G), (K), or (M) or a willful misrepresentation of material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— (I) the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $25,000 per violation) as the Secretary determines to be appropriate; (II) the Secretary may not, during a period of at least 2 years, approve a petition filed for that employer to employ 1 or more aliens as such nonimmigrants; and (III) in the case of a violation of subparagraph (K) or (M), the employer shall be liable to the employees harmed by such violation for lost wages and benefits. . 207. Prohibition on retaliation against L–1 nonimmigrants Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by sections 201 through 206, is further amended by adding at the end the following: (M) (i) An employer that has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L) violates this subparagraph by taking, failing to take, or threatening to take or fail to take, a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee— (I) has disclosed information that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection; or (II) cooperates or seeks to cooperate with the requirements under this subsection, or any rule or regulation pertaining to this subsection. (ii) In this subparagraph, the term employee includes— (I) a current employee; (II) a former employee; and (III) an applicant for employment. . 208. Adjudication by Department of Homeland Security of petitions under blanket petition (a) In general Section 214(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2)(A) ) is amended to read as follows: (A) The Secretary of Homeland Security shall establish a procedure under which an importing employer that meets the requirements established by the Secretary may file a blanket petition to authorize aliens to enter the United States as nonimmigrants described in section 101(a)(15)(L) instead of filing individual petitions under paragraph (1) on behalf of such aliens. Such procedure shall permit— (i) the expedited processing by the Secretary of State of visas for admission of aliens covered under such blanket petitions; and (ii) the expedited adjudication by the Secretary of Homeland Security of individual petitions covered under such blanket petitions. . (b) Effective date The amendment made by subsection (a) shall apply to petitions filed on or after the date of the enactment of this Act. 209. Reports on employment-based nonimmigrants (a) In general Section 214(c)(8) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(8) ) is amended to read as follows— (8) The Secretary of Homeland Security or Secretary of State, as appropriate, shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes, with respect to petitions under subsection (e) and each subcategory of subparagraphs (H), (L), (O), (P), and (Q) of section 101(a)(15)— (A) the number of such petitions (or applications for admission, in the case of applications by Canadian nationals seeking admission under subsection (e) or section 101(a)(15)(L)) which have been filed; (B) the number of such petitions which have been approved and the number of workers (by occupation) included in such approved petitions; (C) the number of such petitions which have been denied and the number of workers (by occupation) requested in such denied petitions; (D) the number of such petitions which have been withdrawn; (E) the number of such petitions which are awaiting final action; (F) the number of aliens in the United States under each subcategory under section 101(a)(15)(H); and (G) the number of aliens in the United States under each subcategory under section 101(a)(15)(L). . (b) Nonimmigrant characteristics report Section 416(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 8 U.S.C. 1184 note) is amended— (1) by amending paragraph (2) to read as follows: (2) Annual H–1B nonimmigrant characteristics report The Secretary of Homeland Security shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains— (A) for the previous fiscal year— (i) information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ); (ii) a list of all employers who petitioned for H–1B workers, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of H–1B nonimmigrants for whom each such employer filed an employment-based immigrant petition pursuant to section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) ); and (iii) the number of employment-based immigrant petitions filed pursuant to such section 204(a)(1)(F) on behalf of H–1B nonimmigrants; (B) a list of all employers for whom more than 15 percent of their United States workforce is H–1B or L–1 nonimmigrants; (C) a list of all employers for whom more than 50 percent of their United States workforce is H–1B or L–1 nonimmigrants; (D) a gender breakdown by occupation and by country of origin of H–1B nonimmigrants; (E) a list of all employers who have been granted a waiver under section 214(n)(2)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1184(n)(2)(E) ); and (F) the number of H–1B nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country. ; (2) by redesignating paragraph (3) as paragraph (5); (3) by inserting after paragraph (2) the following: (3) Annual L–1 nonimmigrant characteristics report The Secretary of Homeland Security shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains— (A) for the previous fiscal year— (i) information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or provided nonimmigrant status under section 101(a)(15)(L) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(L) ); (ii) a list of all employers who petitioned for L–1 workers, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of L–1 nonimmigrants for whom each such employer filed an employment-based immigrant petition pursuant to section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) ); and (iii) the number of employment-based immigrant petitions filed pursuant to such section 204(a)(1)(F) on behalf of L–1 nonimmigrants; (B) a gender breakdown by occupation and by country of L–1 nonimmigrants; (C) a list of all employers who have been granted a waiver under section 214(c)(2)(F)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2)(F)(ii) ); (D) the number of L–1 nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country; (E) the number of applications that have been filed for each subcategory of nonimmigrant described under section 101(a)(15)(L) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(L) ), based on an approved blanket petition under section 214(c)(2)(A) of such Act; and (F) the number of applications that have been approved for each subcategory of nonimmigrant described under such section 101(a)(15)(L), based on an approved blanket petition under such section 214(c)(2)(A). (4) Annual H–1B employer survey The Secretary of Labor shall— (A) conduct an annual survey of employers hiring foreign nationals under the H–1B visa program; and (B) issue an annual report that— (i) describes the methods employers are using to meet the requirement under section 212(n)(1)(G)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1)(G)(i) ) of taking good faith steps to recruit United States workers for the occupational classification for which the nonimmigrants are sought, using procedures that meet industry-wide standards; (ii) describes the best practices for recruiting among employers; and (iii) contains recommendations on which recruiting steps employers can take to maximize the likelihood of hiring American workers. ; and (4) in paragraph (5), as redesignated, by striking paragraph (2) and inserting paragraphs (2) and (3) . 210. Specialized knowledge Section 214(c)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2)(B) ) is amended to read as follows: (B) (i) For purposes of section 101(a)(15)(L), the term specialized knowledge — (I) means knowledge possessed by an individual whose advanced level of expertise and proprietary knowledge of the employer’s product, service, research, equipment, techniques, management, or other interests of the employer are not readily available in the United States labor market; (II) is clearly different from those held by others employed in the same or similar occupations; and (III) does not apply to persons who have general knowledge or expertise which enables them merely to produce a product or provide a service. (ii) (I) The ownership of patented products or copyrighted works by a petitioner under section 101(a)(15)(L) does not establish that a particular employee has specialized knowledge. In order to meet the definition under clause (i), the beneficiary shall be a key person with knowledge that is critical for performance of the job duties and is protected from disclosure through patent, copyright, or company policy. (II) Different procedures are not proprietary knowledge within this context unless the entire system and philosophy behind the procedures are clearly different from those of other firms, they are relatively complex, and they are protected from disclosure to competition. . 211. Technical amendments Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ) is amended by striking Attorney General each place such term appears and inserting Secretary of Homeland Security . 212. Application Except as otherwise specifically provided, the amendments made by this title shall apply to petitions and applications filed on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3720is/xml/BILLS-117s3720is.xml |
117-s-3721 | II 117th CONGRESS 2d Session S. 3721 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Durbin (for himself, Mr. Leahy , Ms. Hirono , Ms. Cortez Masto , Ms. Duckworth , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to end the immigrant visa backlog, and for other purposes.
1. Short title This Act may be cited as the Resolving Extended Limbo for Immigrant Employees and Families Act or the RELIEF Act . 2. Numerical limitation to any single foreign state (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended— (1) in the paragraph heading, by striking and employment-based ; (2) by striking (3), (4), and (5), and inserting (3) and (4), ; (3) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; (4) by striking 7 and inserting 15 ; and (5) by striking such subsections and inserting such section . (b) Conforming amendments Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— (1) in subsection (a)(3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; (2) by striking subsection (a)(5); and (3) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a). . (c) Country-Specific offset Section 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking subsection (e)) and inserting subsection (d)) ; (2) by striking subsection (d); and (3) by redesignating subsection (e) as subsection (d). (d) Effective date The amendments made by this section shall take effect as if enacted on September 30, 2021, and shall apply to fiscal years beginning with fiscal year 2022. (e) Transition rules for employment-Based immigrants (1) In general Subject to the succeeding paragraphs of this subsection and notwithstanding title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ), the following rules shall apply: (A) For fiscal year 2022, 15 percent of the immigrant visas made available under each of paragraphs (2), (3), and (5) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) shall be allotted to immigrants who are natives of a foreign state or dependent area that is not one of the two states with the largest aggregate numbers of natives who are beneficiaries of approved petitions for immigrant status under such paragraphs. (B) For fiscal year 2023, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that is not one of the two states with the largest aggregate numbers of natives who are beneficiaries of approved petitions for immigrant status under such paragraphs. (C) For fiscal year 2024, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that is not one of the two states with the largest aggregate numbers of natives who are beneficiaries of approved petitions for immigrant status under such paragraphs. (2) Per-country levels (A) Reserved visas With respect to the visas reserved under each of subparagraphs (A) through (C) of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas. (B) Unreserved visas With respect to the immigrant visas made available under each of paragraphs (2), (3), and (5) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) and not reserved under paragraph (1), for each of fiscal years 2022, 2023, and 2024, not more than 85 percent shall be allotted to immigrants who are natives of any single foreign state. (3) Special rule to prevent unused visas If, with respect to fiscal year 2022, 2023, or 2024, the operation of paragraphs (1) and (2) of this subsection would prevent the total number of immigrant visas made available under paragraph (2) or (3) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) from being issued, such visas may be issued during the remainder of such fiscal year without regard to paragraphs (1) and (2) of this subsection. (4) Transition rule for currently approved beneficiaries (A) In general Notwithstanding section 202 of the Immigration and Nationality Act, as amended by this Act, immigrant visas under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) shall be allocated such that no alien described in subparagraph (B) receives a visa later than the alien otherwise would have received said visa had this Act not been enacted. (B) Alien described An alien is described in this subparagraph if the alien is the beneficiary of a petition for an immigrant visa under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) that was approved prior to the date of enactment of this Act. (5) Rules for chargeability Section 202(b) of such Act ( 8 U.S.C. 1152(b) ) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection. (6) Ensuring availability of immigrant visas For each of fiscal years 2022 through 2026, notwithstanding sections 201 and 202 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152), as amended by this Act, additional immigrant visas under section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ) shall be made available and allocated— (A) such that no alien who is a beneficiary of a petition for an immigrant visa under such section 203 receives a visa later than the alien otherwise would have received such visa had this Act not been enacted; and (B) to permit all visas to be distributed in accordance with this section. 3. Ending immigrant visa backlog (a) In general In addition to any immigrant visa made available under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by this Act, subject to paragraphs (1) and (2), the Secretary of State shall make immigrant visas available to— (1) aliens who are beneficiaries of petitions filed under subsection (b) of section 203 of such Act ( 8 U.S.C. 1153 ) before the date of the enactment of this Act; and (2) aliens who are beneficiaries of petitions filed under subsection (a) of such section before the date of the enactment of this Act. (b) Allocation of visas The visas made available under this section shall be allocated as follows: (1) Employment-sponsored immigrant visas In each of fiscal years 2022 through 2026, the Secretary of State shall allocate to aliens described in subsection (a)(1) a number of immigrant visas equal to 1⁄5 of the number of aliens described in such subsection the visas of whom have not been issued as of the date of the enactment of this Act. (2) Family-sponsored immigrant visas In each of fiscal years 2022 through 2026, the Secretary of State shall allocate to aliens described in subsection (a)(2) a number of immigrant visas equal to 1⁄5 of the difference between— (A) the number of aliens described in such subsection the visas of whom have not been issued as of the date of the enactment of this Act; and (B) the number of aliens described in subsection (a)(1). (c) Order of issuance for previously filed applications The visas made available under this section shall be issued in accordance with section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ), as amended by this Act, in the order in which the petitions under section 203 of such Act ( 8 U.S.C. 1153 ) were filed. 4. Keeping American families together (a) Reclassification of spouses and minor children of lawful permanent residents as immediate relatives and exemption of derivatives The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 201(b) ( 8 U.S.C. 1151(b) )— (A) in paragraph (1), by adding at the end the following: (F) Aliens who derive status under section 203(d). ; and (B) by amending paragraph (2) to read as follows: (2) (A) Immediate relatives Aliens who are immediate relatives. (B) Definition of immediate relative In this paragraph, the term immediate relative means— (i) a child, spouse, or parent of a citizen of the United States, except that in the case of such a parent such citizen shall be at least 21 years of age; (ii) a child or spouse of an alien lawfully admitted for permanent residence; (iii) a child or spouse of an alien described in clause (i), who is accompanying or following to join the alien; (iv) a child or spouse of an alien described in clause (ii), who is accompanying or following to join the alien; (v) an alien admitted under section 211(a) on the basis of a prior issuance of a visa to the alien’s accompanying parent who is an immediate relative; and (vi) an alien born to an alien lawfully admitted for permanent residence during a temporary visit abroad. (C) Treatment of spouse and children of deceased citizen or lawful permanent resident If an alien who was the spouse or child of a citizen of the United States or of an alien lawfully admitted for permanent residence and was not legally separated from the citizen or lawful permanent resident at the time of the citizen’s or lawful permanent resident’s death files a petition under section 204(a)(1)(B), the alien spouse (and each child of the alien) shall remain, for purposes of this paragraph, an immediate relative during the period beginning on the date of the citizen’s or permanent resident’s death and ending on the date on which the alien spouse remarries. (D) Protection of victims of abuse An alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) shall remain, for purposes of this paragraph, an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship on account of the abuse. ; and (2) in section 203(a) ( 8 U.S.C. 1153(a) )— (A) in paragraph (1), by striking 23,400 and inserting 111,334 ; and (B) by amending paragraph (2) to read as follows: (2) Unmarried sons and unmarried daughters of lawful permanent residents Qualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of aliens lawfully admitted for permanent residence shall be allocated visas in a number not to exceed 26,266, plus— (A) the number of visas by which the worldwide level exceeds 226,000; and (B) the number of visas not required for the class specified in paragraph (1). . (b) Protecting children from aging out Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— (1) by amending paragraph (1) to read as follows: (1) In general For purposes of subsection (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security under section 204. ; (2) by amending paragraph (2) to read as follows: (2) Petitions described A petition described in this paragraph is a petition filed under section 204 for classification of— (A) the alien’s parent under subsection (a), (b), or (c); or (B) the alien as an immediate relative based on classification as a child of— (i) a citizen of the United States; or (ii) a lawful permanent resident. ; (3) in paragraph (3), by striking subsections (a)(2)(A) and and inserting subsection ; and (4) by adding at the end the following: (5) Treatment for nonimmigrant categories purposes An alien dependent treated as a child for immigrant visa purposes under this subsection shall be treated as a dependent child for nonimmigrant categories. . (c) Conforming amendments (1) Definitions Section 101(a)(15)(K)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K)(ii) ) is amended by striking section 201(b)(2)(A)(i) and inserting section 201(b)(2) (other than clause (v) or (vi) of subparagraph (B)) . (2) Rules for determining whether certain aliens are immediate relatives Section 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) ) is amended— (A) in paragraph (1), by striking paragraphs (2) and (3), and inserting paragraph (2), ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as so redesignated, by striking through (3) and inserting and (2) . (3) Per country level Section 202(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(1)(A) ) is amended by striking section 201(b)(2)(A)(i) and inserting section 201(b)(2) (other than clause (v) or (vi) of subparagraph (B)) . (4) Numerical limitation to any single foreign state Section 202(a)(4) ( 8 U.S.C. 1152(a)(4) ) is amended— (A) by striking subparagraphs (A) and (B); (B) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively; and (C) in subparagraph (A), as so redesignated— (i) by striking the undesignated matter following clause (ii); (ii) by striking clause (ii); (iii) in clause (i), by striking , or and inserting a period; and (iv) in the matter preceding clause (i), by striking section 203(a)(2)(B) may not exceed and all that follows through 23 percent in clause (i) and inserting section 203(a)(2) may not exceed 23 percent . (5) Procedures for granting immigrant status Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— (A) in subsection (a)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) in clause (i), by striking section 201(b)(2)(A)(i) and inserting clause (i) or (ii) of section 201(b)(2)(B) ; (bb) in clause (ii), by striking the second sentence of section 201(b)(2)(A)(i) and inserting section 201(b)(2)(C) ; (cc) by amending clause (iii) to read as follows: (iii) (I) An alien who is described in clause (ii) may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the alien (and any child of the alien) if the alien demonstrates to the Secretary that— (aa) the marriage or the intent to marry the citizen of the United States or lawful permanent resident was entered into in good faith by the alien; and (bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien's spouse or intended spouse. (II) For purposes of subclause (I), an alien described in this subclause is an alien— (aa) (AA) who is the spouse of a citizen of the United States or lawful permanent resident; (BB) who believed that he or she had married a citizen of the United States or lawful permanent resident and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States or lawful permanent resident; or (CC) who was a bona fide spouse of a citizen of the United States or a lawful permanent resident within the past 2 years and whose spouse died within the past 2 years, whose spouse renounced citizenship status or renounced or lost status as a lawful permanent resident within the past 2 years related to an incident of domestic violence, or who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by a spouse who is a citizen of the United States or a lawful permanent resident spouse; (bb) who is a person of good moral character; (cc) who is eligible to be classified as an immediate relative under section 201(b)(2)(B) or who would have been so classified but for the bigamy of the citizen of the United States or lawful permanent resident that the alien intended to marry; and (dd) who has resided with the alien's spouse or intended spouse. ; (dd) by amending clause (iv) to read as follows: (iv) An alien who is the child of a citizen or lawful permanent resident of the United States, or who was a child of a United States citizen or lawful permanent resident parent who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, and who is a person of good moral character, who is eligible to be classified as an immediate relative under section 201(b)(2)(B), and who resides, or has resided in the past, with the citizen or lawful permanent resident parent may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen or lawful permanent resident parent. For purposes of this clause, residence includes any period of visitation. ; and (ee) in clause (v)(I), in the matter preceding item (aa), by inserting or lawful permanent resident after citizen ; (ff) in clause (vi), by striking renunciation of citizenship and all that follows through citizenship status and inserting renunciation of citizenship or lawful permanent resident status, death of the abuser, divorce, or changes to the abuser's citizenship or lawful permanent resident status ; and (gg) in clause (vii), by striking section 201(b)(2)(A)(i) each place it appears and inserting section 201(b)(2)(B) ; (II) by amending subparagraph (B) to read as follows: (B) (i) (I) Except as provided in subclause (II), any alien lawfully admitted for permanent residence claiming that an alien is entitled to a classification by reason of the relationship described in section 203(a)(2) may file a petition with the Attorney General for such classification. (II) Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent residence who has been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that such person poses no risk to the alien with respect to whom a petition described in subclause (I) is filed. (ii) An alien who was the child of a lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and who is a person of good moral character, who is eligible for classification under section 203(a)(2), and who resides, or has resided in the past, with the alien's permanent resident alien parent may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent. (iii) (I) For purposes of a petition filed or approved under clause (ii), the loss of lawful permanent resident status by a parent after the filing of a petition under that clause shall not adversely affect approval of the petition, and for an approved petition, shall not affect the alien's ability to adjust status under subsections (a) and (c) of section 245 or obtain status as a lawful permanent resident based on an approved self-petition under clause (ii). (II) Upon the lawful permanent resident parent becoming or establishing the existence of United States citizenship through naturalization, acquisition of citizenship, or other means, any petition filed with the Secretary of Homeland Security and pending or approved under clause (ii) on behalf of an alien who has been battered or subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph (A) even if the acquisition of citizenship occurs after the termination of parental rights. ; and (III) in subparagraph (D)(i)(I), by striking paragraph (1), (2), or (3) and inserting paragraph (1) or (3) ; and (ii) in paragraph (2)— (I) by striking spousal second preference petition each place it appears and inserting petition for the spouse of an alien lawfully admitted for permanent residence ; and (II) in the undesignated matter following subparagraph (A)(ii), by striking preference status under section 203(a)(2) and inserting classification as an immediate relative under section 201(b)(2)(B)(ii) ; (B) in subsection (c)(1), by striking or preference status ; and (C) in subsection (k)(1), by striking 203(a)(2)(B) and inserting 203(a)(2) . (6) Excludable aliens Section 212(d)(12)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(12)(B) ) is amended by striking section 201(b)(2)(A) and inserting section 201(b)(2) (other than subparagraph (B)(vi)) . (7) Admission of nonimmigrants Section 214(r)(3)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(r)(3)(A) ) is amended by striking section 201(b)(2)(A)(i) and inserting section 201(b)(2) (other than clause (v) or (vi) of subparagraph (B)). (8) Definition of alien spouse Section 216(h)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1186a(h)(1)(A) ) is amended by inserting or an alien lawfully admitted for permanent residence after United States . (9) Refugee Crisis in Iraq Act of 2007 Section 1243(a)(4) of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–118 ; 8 U.S.C. 1157 note) is amended by striking section 201(b)(2)(A)(i) and inserting section 201(b)(2) (other than clause (v) or (vi) of subparagraph (B)) . (10) Processing of visa applications Section 233(b)(1) of the Department of State Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ; 8 U.S.C. 1201 note) is amended by striking section 201(b)(2)(A)(i) and inserting section 201(b)(2) (other than clause (v) or (vi) of subparagraph (B)) . | https://www.govinfo.gov/content/pkg/BILLS-117s3721is/xml/BILLS-117s3721is.xml |
117-s-3722 | II 117th CONGRESS 2d Session S. 3722 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To withdraw normal trade relations treatment from, and apply certain provisions of title IV of the Trade Act of 1974 to, products of the Russian Federation, and for other purposes.
1. Short title This Act may be known as the No Most Favored Nation Trading with Russia Act . 2. Withdrawal of normal trade relations treatment with the Russian Federation Notwithstanding the provisions of title I of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112–208 ; 19 U.S.C. 2434 note) or any other provision of law, effective on the date of the enactment of this Act— (1) normal trade relations treatment shall not apply pursuant to section 102 of that Act to the products of the Russian Federation; and (2) normal trade relations treatment may thereafter be extended to the products of the Russian Federation only in accordance with the provisions of chapter 1 of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), as in effect with respect to the products of the Russian Federation on the day before the effective date of the accession of the Russian Federation to the World Trade Organization. 3. Proclamation of tariffs With regard to products of the Russian Federation, the President may proclaim modifications to the rates set forth in the column 2 rate of duty column of the Harmonized Tariff Schedule of the United States if the President determines that the modifications are necessary for the protection of the essential security of the United States. 4. Cooperation with United States allies and partners (a) In general The President shall encourage allies and partners of the United States— (1) to consider taking actions similar to the actions taken under section 2, such as the withdrawal of permanent normal trade relations treatment for products of the Russian Federation; and (2) to condemn at the World Trade Organization the recent aggression by the Government of the Russian Federation in Ukraine. (b) Accountability at the WTO The President shall direct the Permanent Mission of the United States to the World Trade Organization to use the voice and influence of the United States at the World Trade Organization to seek the suspension of the membership of the Russian Federation in the World Trade Organization. | https://www.govinfo.gov/content/pkg/BILLS-117s3722is/xml/BILLS-117s3722is.xml |
117-s-3723 | II Calendar No. 293 117th CONGRESS 2d Session S. 3723 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Cassidy introduced the following bill; which was read the first time March 2, 2022 Read the second time and placed on the calendar A BILL To impose sanctions with respect to the Russian Federation in response to the invasion of Ukraine, to confiscate assets of the Russian Federation and remit those assets to the legitimate Government of Ukraine, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Special Russian Sanctions Authority Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Sanctions Sec. 101. Definitions. Sec. 102. Joint Task Force on Russian Sanctions. Sec. 103. Imposition of sanctions with respect to officials of the Government of the Russian Federation. Sec. 104. Imposition of sanctions with respect to Navalny 35. Sec. 105. Imposition of sanctions with respect to the Wagner Group. Sec. 106. Implementation; penalties; exceptions. TITLE II—Other matters Sec. 201. Confiscation of assets of Russian Federation; remittance to legitimate Government of Ukraine. Sec. 202. Designation of Vladimir Putin as a specially designated global terrorist. Sec. 203. Declaration of certain governments with military cooperation agreements with the Russian Federation as engaging in grave hostile acts of a foreign power. Sec. 204. Recognition of government of Volodymyr Zelenskyy as legitimate government of Ukraine. Sec. 205. Military assistance for Ukraine. Sec. 206. Closure of consulates; restriction on free movement of Russian diplomats. Sec. 207. Anti-money laundering requirements for real estate professionals. I Sanctions 101. Definitions In this title: (1) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Property The term property includes cryptocurrency. (3) United states person The term United States person means— (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. 102. Joint Task Force on Russian Sanctions (a) Establishment There is established a Joint Task Force on Russian Sanctions (in this section referred to as the Task Force ). (b) Leadership The Task Force shall be led by the Director of National Intelligence. (c) Composition The Task Force shall be composed of representatives from— (1) the Office of Foreign Assets Control of the Department of the Treasury; (2) the head of the Office of Sanctions Coordination of the Department of State; (3) each element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )); and (4) any other agency the Director of National Intelligence considers appropriate. (d) Duties The Task Force shall be responsible for coordinating the imposition of sanctions with respect to the Russian Federation. (e) Identification of sanctionable persons The Task Force shall, on an ongoing basis, submit to the President, the Director of the Office of Foreign Assets Control, and the head of the Office of Sanctions Coordination of the Department of State, lists of persons the Task Force identifies as subject to sanctions imposed by the United States with respect to the Russian Federation. (f) Identification of cryptocurrency In carrying out subsections (d) and (e), the Task Force shall consider ways— (1) to identify cryptocurrency owned by persons subject to sanctions imposed by the United States with respect to the Russian Federation; and (2) to block and prohibit all transactions in such cryptocurrency. 103. Imposition of sanctions with respect to officials of the Government of the Russian Federation (a) In general As soon as practicable after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to any individual serving in any of the following positions on or after March 26, 2014: (1) As a member of the United Russia Party in the State Duma. (2) As an official of the Government of the Russian Federation at the level of director or higher. (3) As a member of the intelligence apparatus of the Government of the Russian Federation. (4) As a officer of the Armed Forces of the Russian Federation with the rank of colonel or higher. (b) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of an individual described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general An alien described in subsection (a) is subject to revocation of any visa or other entry documentation, regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. 104. Imposition of sanctions with respect to Navalny 35 (a) In general As soon as practicable after the date of the enactment of this Act, the President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of each individual specified in subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Individuals specified The individuals specified in this subsection are the following: (1) Roman Abramovich, businessman. (2) Denis Bortnikov, Deputy President and Chairman of the Management Board of VTB Bank. (3) Andrey Kostin, President and Chairman of the Management Board of VTB Bank. (4) Dmitry Patrushev, Minister of Agriculture. (5) Igor Shuvalov, Chairman of the State Development Corporation VEB. (6) Alisher Usmanov, businessman. (7) Oleg Deripaska, businessman. (8) Alexei Miller, Chairman of the Management Committee of Gazprom. (9) Igor Sechin, Chairman of the Management Board of Rosneft. (10) Gennady Timchenko, businessman. (11) Nikolai Tokarev, Chairman of Transneft. (12) Andrey Vorobyev, Governor of the Moscow Region XIII. (13) Mikhail Murashko, Minister of Health. (14) Vladimir Solovyev, media personality. (15) Alexander Bastrykin, Head of the Investigative Committee. (16) Alexander Bortnikov, Director of the Federal Security Service (FSB). (17) Konstantin Ernst, Chief Executive Officer of Channel One TV station. (18) Victor Gavrilov, Head of the Department of Transport of the Economic Security Service. (19) Dmitry Ivanov, Head of Chelyabinsk FSB. (20) Alexander Kalashnikov, Director of the Federal Penitentiary Service (FSIN). (21) Sergei Kirienko, First Deputy Head of the Presidential Administration. (22) Elena Morozova, Judge of Khimki District Court. (23) Denis Popov, Chief Prosecutor of Moscow. (24) Margarita Simonyan, Editor-in-Chief of RT. (25) Igor Yanchuk, Head of the Khimki Police Department. (26) Victor Zolotov, Director of the National Guard. (27) Alexander Beglov, Governor of St. Petersburg. (28) Yuri Chaika, former Prosecutor General. (29) Andrei Kartapolov, Deputy Defense Minister. (30) Pavel Krasheninnikov, Parliamentarian and former Justice Minister. (31) Mikhail Mishustin, Prime Minister of the Russian Federation. (32) Ella Pamfilova, Head of Central Electoral Commission. (33) Dmitry Peskov, Presidential Press Secretary. (34) Sergei Sobyanin, Mayor of Moscow. (35) Anton Vaino, Head of the Presidential Administration. 105. Imposition of sanctions with respect to the Wagner Group (a) Blocking of property As soon as practicable after the date of the enactment of this Act, the President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of the Wagner Group if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Designation as specially designated global terrorist organization The Wagner Group is designated as a specially designated global terrorist organization for purposes of Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as amended before, on, or after the date of the enactment of this Act. 106. Implementation; penalties; exceptions (a) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (b) Exceptions (1) Exception relating to importation of goods (A) In general A requirement to block and prohibit all transactions in all property and interests in property under this title shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (2) Exception to comply with united nations headquarters agreement and law enforcement objectives Sanctions under section 103(b)(2) shall not apply with respect to an alien if admitting the alien into the United States— (A) would further important law enforcement objectives; or (B) is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. II Other matters 201. Confiscation of assets of Russian Federation; remittance to legitimate Government of Ukraine (a) Confiscation (1) In general The President— (A) may confiscate and vest, through instructions or licenses or in such other manner as the President determines appropriate, funds and other property of the Government of the Russian Federation that are subject to the jurisdiction of the United States; (B) may liquidate or sell any of such property; and (C) shall deposit any funds confiscated and vested under subparagraph (A) and any funds resulting from the liquidation or sale of property under subparagraph (B) in the account established under subsection (d). (2) Vesting All right, title, and interest in funds and other property confiscated under paragraph (1) shall vest in the Government of the United States. (3) Inclusion of cryptocurrency For purposes of paragraph (1), the term funds and other property includes cryptocurrency. (b) Establishment of account for confiscated property (1) In general The President shall establish a non-interest-bearing account to consist of the funds deposited into the account under subsection (a)(1)(C). (2) Use of funds The funds in the account established under paragraph (1) shall be available as specified in subsection (c). (c) Transfer of confiscated property to Government of Ukraine The President may transfer funds from the account established under subsection (b) to the Government of Ukraine recognized under section 7. 202. Designation of Vladimir Putin as a specially designated global terrorist Vladimir Putin is designated as a specially designated global terrorist for purposes of Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as amended before, on, or after the date of the enactment of this Act. 203. Declaration of certain governments with military cooperation agreements with the Russian Federation as engaging in grave hostile acts of a foreign power The government of any country in the Western Hemisphere that has in effect a miliary cooperation agreement (or an equivalent agreement) with the Government of the Russian Federation is designated as having engaged in a grave hostile act of a foreign power (within the meaning of that term under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. )). 204. Recognition of government of Volodymyr Zelenskyy as legitimate government of Ukraine It is the policy of the United States that— (1) Volodymyr Zelenskyy is the legitimate head of state of Ukraine and his government is the legitimate government of Ukraine, without regard to whether Volodymyr Zelenskyy or officials of his government are in Ukraine or in control of Ukraine; and (2) the United States will recognize as the legitimate government of Ukraine only a government put in place pursuant to the line of succession under the Constitution of Ukraine. 205. Military assistance for Ukraine (a) Authority The President may provide lethal and non-lethal assistance in the form of military hardware to the Government of Ukraine to resist invasion by the Russian Federation. (b) Authorization of appropriations There is authorized to be appropriated $10,000,000,000 to the Secretary of State for fiscal year 2022 for Foreign Military Financing assistance to Ukraine as authorized under subsection (a). 206. Closure of consulates; restriction on free movement of Russian diplomats (a) Closure of consulates The Secretary of State shall take such actions as are necessary to close, as soon as possible after the date of the enactment of this Act, all property and facilities affiliated with the mission of the Russian Federation in the United States other than the embassy located in Washington, D.C. (b) Restriction on free movement of Russian diplomats The Secretary of State shall ensure that members of the foreign mission of the Russian Federation in the United States and their family members are not permitted outside of a 10-mile radius surrounding the embassy of the Russian Federation located in Washington, D.C. The Secretary shall coordinate with the heads of other Federal departments and agencies as necessary to ensure that such members and family members are not allowed to use such permitted space to leave the United States by land, air, or sea, consistent with obligations under international law. 207. Anti-money laundering requirements for real estate professionals (a) Definitions In this section: (1) Beneficial owner The term beneficial owner has the meaning given the term in section 5336(a) of title 31, United States Code. (2) Covered transaction The term covered transaction means the purchase of residential real property by a Russian politically exposed person, regardless of the total purchase price. (3) Director The term Director means the Director of FinCEN. (4) FinCEN The term FinCEN means the Financial Crimes Enforcement Network of the Department of the Treasury. (5) Responsible party The term responsible party means a person described in section 5312(a)(2)(U) of title 31, United States Code, including— (A) a title insurance company; (B) an escrow agent; (C) a real estate lawyer; and (D) a real estate agent. (6) Secretary The term Secretary means the Secretary of the Treasury. (b) Reporting real estate transactions involving Russian politically exposed persons With respect to a covered transaction, the Director shall require a responsible party to the covered transaction to report to the Director— (1) the source of funding for the covered transaction; and (2) the name of each Russian politically exposed person involved in the covered transaction. (c) Requirements for geographic targeting orders In issuing a Geographic Targeting Order that requires responsible parties to collect and report information about certain persons involved in certain residential real estate transactions, the Director— (1) shall not limit the transactions to be reported under the order by total purchase price; (2) shall expand the entities that are required to collect and report information to primarily be the title insurance company, followed by the parties described in subparagraphs (B) through (D) of subsection (a)(4); (3) shall define the term beneficial ownership as provided in section 5336(a) of title 31, United States Code; and (4) shall require the reporting of residential real property that is purchased by a trust. (d) Anti-money laundering requirements for real estate professionals In accordance with the authority under section 5318(a)(2) of title 31, United States Code, the Secretary shall issue regulations that require all responsible parties with respect to residential real estate transactions of any total purchase price to comply with the due diligence and reporting requirements applicable to financial institutions under subchapter II of chapter 53 of title 31, United States Code, including— (1) reporting suspicious transactions under section 5318(g)(1) of title 31, United States Code; (2) establishing anti-money laundering programs under section 5318(h) of title 31, United States Code; (3) establishing due diligence policies, procedures, and controls under section 5318(i) of title 31, United States Code; and (4) identifying and verifying account holders (or functional equivalents) under section 5318(l) of title 31, United States Code, including by establishing and maintaining written procedures that are reasonably designed to enable the responsible party to identify and verify beneficial owners.
March 2, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3723pcs/xml/BILLS-117s3723pcs.xml |
117-s-3724 | II Calendar No. 294 117th CONGRESS 2d Session S. 3724 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Rubio introduced the following bill; which was read the first time March 2, 2022 Read the second time and placed on the calendar A BILL To provide emergency supplemental appropriations in response to the crisis in Ukraine, and for other purposes.
1. Short title This Act may be cited as the Ukraine Emergency Appropriations Act of 2022 . 2. Emergency appropriations for Department of Defense assistance (a) Provision of defense assistance to Ukraine There is appropriated, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 to the Secretary of Defense for fiscal year 2022, to remain available until September 30, 2024, for Procurement, Defense-wide to provide the Government of Ukraine the following: (1) Small arms, grenade launchers, and ammunition previously allocated for provision to Afghan Security Forces under the Afghan Security Forces Fund. (2) Man-portable missiles and rockets in a ready-to-fire configuration, including Dragon, Javelin, FIM-92 Stinger Missiles, and other light anti-tank weapons (66mm), shoulder-launched multi-purpose assault weapon rockets (83mm), M136 (AT4) anti-armor launchers, and cartridges (84mm). (3) Night vision devices, including fused panoramic night vision goggles, squad binocular night vision goggles, and night vision and thermal and infrared sights for crew-served weapons. (4) Unmanned aerial vehicles (tactical and armed) and crew-served weapons ammunition with low-light and infared night sights. (5) Secure, commercial-off-the-shelf communications capabilities, including hand-held secure communications devices. (6) Individual protective equipment. (7) Field rations. (8) Field medical kits. (b) Provision of defense assistance to North Atlantic Treaty Organization members There is appropriated, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 to the Secretary of Defense for fiscal year 2022, to remain available until September 30, 2024, for Procurement, Defense-wide to provide the Governments of Poland, Lithuania, Latvia, Estonia and other members of the North Atlantic Treaty Organization with planes, tanks, munitions, and anti-air and anti-tank weaponry to bolster the deterrence efforts of those Governments against an invasion by the Russian Federation and to replace equipment donated by those Governments to the Government of Ukraine. (c) Procurement of replacement defense articles (1) In general There is appropriated, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 to the Secretary of Defense for fiscal year 2022, to remain available until expended, for Procurement to procure defense articles to replace defense articles transferred to Ukraine and members of the North Atlantic Treaty Organization. (2) Definition of defense article In this subsection, the term defense article has the meaning given that term in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). (d) United States defense against cyberattacks There is appropriated, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 to the Secretary of Defense for fiscal year 2022, to remain available until expended, for Operation and Maintenance, Defense-wide to enhance the capability of the Department of Defense to defend against a cyberattack originating in the Russian Federation or Belarus that targets critical infrastructure of the United States or the ability of the United States to retaliate against a nuclear attack. (e) Humanitarian operations to support Ukraine There is appropriated, out of any money in the Treasury not otherwise appropriated, $400,000,000 to the Secretary of Defense for fiscal year 2022, to remain available until expended, for Overseas Humanitarian, Disaster, and Civic Aid to conduct delivery of humanitarian assistance to Ukraine. 3. Emergency appropriations for Department of State assistance (a) International Disaster Assistance There is appropriated, out of any money in the Treasury not otherwise appropriated, $500,000,000 to the Secretary of State for fiscal year 2022, to remain available until expended, for International Disaster Assistance to address humanitarian needs in Ukraine due to the impact caused by the Russian Federation's invasion. (b) Migration and Refugee Assistance There is appropriated, out of any money in the Treasury not otherwise appropriated, $500,000,000 to the Secretary of State for fiscal year 2022, to remain available until expended, for Migration and Refugee Assistance to assist refugees from Ukraine. (c) Development assistance There is appropriated, out of any money in the Treasury not otherwise appropriated, $500,000,000 to the Secretary of State for fiscal year 2022, to remain available until expended, for Development Assistance to rebuild infrastructure in Ukraine damaged by the Russian Federation's invasion. (d) Economic Support Fund There is appropriated, out of any money in the Treasury not otherwise appropriated, $500,000,000, to the Secretary of State for fiscal year 2022, to remain available until expended, for Economic Support Fund assistance to support the revitalization of Ukraine’s economy after the Russian Federation's invasion. 4. Emergency designation (a) In general The amounts provided by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (b) Designation in House and Senate This Act is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.
March 2, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3724pcs/xml/BILLS-117s3724pcs.xml |
117-s-3725 | II 117th CONGRESS 2d Session S. 3725 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Portman (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To withdraw normal trade relations treatment from products of countries that commit acts of aggression in violation of international law against other countries or territories and to amend the Global Magnitsky Human Rights Accountability Act to modify the foreign persons subject to sanctions and to remove the sunset for the imposition of sanctions.
1. Short title This Act may be cited as the No Trading with Invaders Act . 2. Withdrawal of normal trade relations treatment for countries or territories that commit acts of aggression (a) Withdrawal of normal trade relations treatment (1) In general Notwithstanding any other provision of law, effective on the date of the enactment of this Act, if the President determines that the government of a subject country or territory has committed an act of aggression in violation of international law, that the President does not consider to be a legitimate act of self-defense, against a WTO member, the President shall deny nondiscriminatory treatment (normal trade relations) in accordance with paragraph (2) to products of that country or territory. (2) Duty rates applicable If the President makes a determination of aggression under paragraph (1) with respect to a subject country or territory, not later than 15 days after that determination, the President shall, by proclamation, cause all products of that country or territory to be dutiable at the rates set forth in the column 2 rate of duty column of the Harmonized Tariff Schedule of the United States. (3) Request by Congress for determination If the President receives from a relevant congressional committee a request to make a determination under paragraph (1) as to whether the government of a subject country or territory committed an act of aggression in violation of international law against a WTO member, the President shall make such a determination not later than 15 days after receiving the request. (4) Determination of non-aggression If the President determines that the government of a subject country or territory has not committed an act of aggression in violation of international law against a WTO member, whether pursuant to a request by a relevant congressional committee under paragraph (3) or otherwise, the President shall brief each relevant congressional committee on the justification for such a determination. (b) Restoration of normal trade relations treatment (1) In general The President may restore nondiscriminatory treatment to products of a subject country or territory with respect to which such treatment has been withdrawn under subsection (a) on and after the date that is 30 days after the date on which the President certifies to Congress that— (A) the subject country or territory has ceased committing acts of aggression in violation of international law towards the WTO member that led to the withdrawal of such treatment and has fully removed its armed forces or proxy forces from the WTO member; and (B) the WTO member has fully regained its sovereignty and territorial integrity as in existence in that country before the commencement of the acts of aggression in violation of international law. (2) Consultation with Congress Before making a decision to restore nondiscriminatory treatment under paragraph (1), the President shall consult with each relevant congressional committee to determine whether the conditions of that paragraph have been satisfied. (c) Determination of acts of aggression For purposes of this section, the President shall consider an act of aggression in violation of international law by a subject country or territory against a WTO member to include— (1) an invasion of the territory of the WTO member by the armed forces or proxy forces of the subject country or territory; (2) the occupation of the territory of the WTO member by the armed forces or proxy forces of the subject country or territory; or (3) any other armed attack by the armed forces or proxy forces of the subject country or territory on the WTO member. (d) Definitions In this section: (1) Relevant congressional committee The term relevant congressional committee means any of the following committees: (A) The Committee on Finance, the Committee on Foreign Relations, or the Committee on Armed Services of the Senate. (B) The Committee on Ways and Means, the Committee on Foreign Affairs, or the Committee on Armed Services of the House of Representatives. (2) Sovereignty The term sovereignty means the international independence of a state, including its right to regulate its own internal and external affairs without foreign dictation, such as by conducting free and fair elections. (3) Subject country or territory The term subject country or territory means a country or territory that is or was at any time subject to the provisions of chapter 1 of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ). (4) WTO member The term WTO member has the meaning given that term in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 ). 3. Modifications to and reauthorization of sanctions with respect to human rights violations (a) Definitions Section 1262 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) is amended by striking paragraph (2) and inserting the following: (2) Immediate family member The term immediate family member , with respect to a foreign person, means the spouse, parent, sibling, or adult child of the person. . (b) Sense of Congress The Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) is amended by inserting after section 1262 the following new section: 1262A. Sense of Congress It is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle. . (c) Imposition of sanctions (1) In general Subsection (a) of section 1263 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) is amended to read as follows: (a) In general The President may impose the sanctions described in subsection (b) with respect to— (1) any foreign person that the President determines, based on credible information— (A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse; (B) is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in— (i) corruption, including— (I) the misappropriation of state assets; (II) the expropriation of private assets for personal gain; (III) corruption related to government contracts or the extraction of natural resources; or (IV) bribery; or (ii) the transfer or facilitation of the transfer of the proceeds of corruption; (C) is or has been a leader or official of— (i) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph (A) or (B) related to the tenure of the leader or official; or (ii) an entity whose property and interests in property are blocked pursuant to this section as a result of activities related to the tenure of the leader or official; (D) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of— (i) an activity described in subparagraph (A) or (B) that is conducted by a foreign person; (ii) a person whose property and interests in property are blocked pursuant to this section; or (iii) an entity, including a government entity, that has engaged in, or whose members have engaged in, an activity described in subparagraph (A) or (B) conducted by a foreign person; or (E) is owned or controlled by, or has acted or been purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to this section; and (2) any immediate family member of a person described in paragraph (1). . (2) Consideration of certain information Subsection (c)(2) of such section is amended by inserting corruption and after monitor . (3) Requests by Congress Subsection (d) of such section is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking subsection (a) and inserting subsection (a)(1) ; and (ii) in subparagraph (B)(i), by inserting or an immediate family member of the person ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the subparagraph heading, by striking human rights violations and inserting serious human rights abuse ; and (II) by striking described in paragraph (1) or (2) of subsection (a) and inserting described in subsection (a)(1) relating to serious human rights abuse ; and (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking described in paragraph (3) or (4) of subsection (a) and inserting described in subsection (a)(1) relating to corruption or the transfer or facilitation of the transfer of the proceeds of corruption ; and (II) by striking ranking member of and all that follows through the period at the end and inserting ranking member of one of the appropriate congressional committees . (4) Termination of sanctions Subsection (g) of such section is amended, in the matter preceding paragraph (1), by inserting and the immediate family members of that person after a person . (d) Reports to Congress Section 1264(a) of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) is amended— (1) in paragraph (5), by striking ; and and inserting a semicolon; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (7) A description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuse and corruption in each country in which foreign persons with respect to which sanctions have been imposed under section 1263 are located. . (e) Repeal of sunset Section 1265 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s3725is/xml/BILLS-117s3725is.xml |
117-s-3726 | II 117th CONGRESS 2d Session S. 3726 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Kaine (for himself, Mr. Markey , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To address research on, and improve access to, supportive services for individuals with long COVID.
1. Short title This Act may be cited as the Comprehensive Access to Resources and Education for Long COVID Act or the CARE for Long COVID Act . 2. Authorization to fund research of the long-term symptoms of COVID–19 by the Patient-Centered Outcomes Research Trust Fund (a) In general The Patient-Centered Outcomes Research Trust Fund under section 1181 of the Social Security Act ( 42 U.S.C. 1320e(b) ) shall fund activities described in subsection (b) to improve treatment and outcomes for individuals with PASC. (b) Activities described For purposes of subsection (a), activities described in this subsection shall include— (1) prior to creating a patient registry described in paragraph (2)— (A) surveying existing patient registries that include individuals experiencing PASC and other relevant chronic disease or health registries; and (B) identifying common data elements and definitions for use, in order to promote appropriate data sharing for ongoing and future research; (2) creating a patient registry, informed by the survey described in paragraph (1), for individuals with suspected or confirmed PASC and related post-viral illnesses or conditions— (A) with information that is culturally and linguistically appropriate and easily accessible to people with disabilities, and which may include— (i) symptoms that arise while an individual is initially infected with COVID–19 and that may resolve over time or extend beyond the resolution of the initial symptoms; (ii) persistent symptoms that arise after an individual is initially infected with COVID–19 and that the clinician of such individual has reason to suspect were related to the COVID–19 diagnosis; (iii) symptoms that arise in an individual that may be related to COVID–19 but a diagnosis of COVID–19 was not obtained and cannot be identified due to a lack of antibodies, false negative test results, or lack of access to timely testing; (iv) treatments of individuals after primary diagnosis of COVID–19 and the effectiveness of such treatments; and (v) any other relevant questions or issues related to individuals who experience a diagnosis of, treatment for, and management of care with COVID–19, PASC, or related post-viral illnesses; (B) that collects information regarding co-morbidities, vaccination status, and demographics, including age, gender, race and ethnicity, geographic location, disability, and occupation of registry participants; (C) that synthesizes information relating to individuals experiencing PASC or related post-viral illnesses or conditions from the survey described in paragraph (1) and other information available through the patient registry; and (D) that disseminates information to relevant Federal departments and agencies and patients participating in the registry to inform treatment and policy related to COVID–19, PASC, or related post-viral illnesses and conditions; and (3) outreach to, and inclusion (as appropriate) of, individuals, including children and older adults, from communities impacted by high COVID–19 rates, communities affected by health disparities and inequities, including Indian Tribes and Tribal organizations, urban Indian organizations, people with disabilities, individuals with related post-viral illnesses or conditions, health care providers, first responders, and frontline workers who may be impacted by high COVID–19 rates, and health care providers from diverse disciplines that may treat individuals with COVID–19, PASC, or related post-viral illnesses and conditions. (c) Privacy protections Participation in the registry described in subsection (b)(2) shall be voluntary and personal and health information of participants, including information voluntarily submitted through the registry, shall be subject to all applicable privacy protections under Federal or State law. (d) Report Not later than 1 year after the establishment of the synthesized patient registry under subsection (b)(2), and annually thereafter, the Patient-Centered Outcomes Research Institute shall submit data, findings, and information with respect to the status of the patient registry (including progress, barriers, and issues) to Congress and the President. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $30,000,000 for fiscal year 2023, which shall remain available until expended. 3. Research on United States health care system’s response to PASC (a) In general The Secretary of Health and Human Services (referred to in this Act as the Secretary ), in coordination with the Director of the Agency for Healthcare Research and Quality, the Director of the National Institutes of Health, and the Director of the Centers for Disease Control and Prevention, shall conduct or support research related to the United States health care system’s response to PASC, including with respect to— (1) the expansion and efficacy of post-infectious disease treatment, including— (A) identifying obstacles to access for treatment of COVID–19, PASC, or related post-viral illnesses and conditions for veterans, older adults, people with disabilities, children and young adults, communities of color, underserved and rural communities, and other groups impacted by high rates of COVID–19, as determined by the Secretary; (B) evaluating and identifying potential gaps or other weaknesses that contribute to age, gender, geographic location, disability, occupation, and racial and ethnic disparities with respect to COVID–19 infection rates, severity and length of symptoms, and outcomes; and (C) identifying trends associated with differences in diagnosis and treatment of PASC and related post-viral illnesses and conditions by demographic factors such as age, gender, geographic location, disability, occupation, race, ethnicity, or other factors identified by the Secretary to promote health equity; and (2) conducting and supporting research to— (A) identify health care strategies that help mitigate age, gender, geographic location, disability, occupation, and racial and ethnic disparities in COVID–19 infection rates, hospitalizations, severity and length of symptoms, secondary illnesses, and outcomes; (B) identify health care-related factors contributing to such disparities in COVID–19 infection rates, hospitalizations, severity and length of symptoms, secondary illnesses, and outcomes; and (C) provide recommendations on ensuring equity in diagnosis and access to quality post-infectious treatments that may be advanced to mitigate such disparities, going forward. (b) Authorization of Appropriations To carry out this section, there is authorized to be appropriated $15,000,000 for fiscal year 2023, which shall remain available until expended. 4. Education and dissemination of information on PASC (a) Post-Acute sequelae of COVID–19 (PASC) public education program The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding PASC, in plain language and in a manner that is culturally and linguistically appropriate and easily accessible to people with disabilities and people with limited English proficiency, including information on— (1) the awareness, incidence, and short- and long-term health effects associated with COVID–19 infection; (2) illnesses related and often comorbid with PASC, which may include— (A) myalgic encephalomyelitis/chronic fatigue syndrome and fibromyalgia; (B) postural orthostatic tachycardia syndrome and other forms of dysautonomia; (C) autoimmune diseases associated with viral triggers; (D) connective tissue diseases exacerbated or triggered by infections; (E) mast cell activation syndrome; (F) related conditions and illnesses that may affect adults, young adults, or children; and (G) other conditions, as the Secretary determines appropriate; and (3) the availability, as medically appropriate, of treatment options for PASC and related post-viral illnesses and conditions overlapping with PASC identified under paragraph (2). (b) Post-Acute sequelae of COVID–19 (PASC) provider education program The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, in consultation with representatives from impacted communities and health care providers who treat these communities or individuals, develop and disseminate to health care providers information on PASC, recommended assessment tools, and management of PASC and related conditions for the purpose of ensuring that health care providers remain informed about current information on such emerging illness and related post-infectious illnesses, which have been shown to be closely related to PASC, including information on— (1) PASC symptoms such as cognitive, neurological, psychiatric, gastrointestinal, respiratory, and cardiovascular symptoms; (2) myalgic encephalomyelitis/chronic fatigue syndrome and fibromyalgia; (3) postural orthostatic tachycardia syndrome and other forms of dysautonomia; (4) autoimmune diseases associated with viral triggers; (5) connective tissue diseases exacerbated or triggered by infections; (6) mast cell activation syndrome; (7) related conditions and illnesses that may affect adults, young adults, or children; and (8) other conditions as the Secretary determines appropriate. (c) Considerations In developing and disseminating information in subsections (a) and (b), the Secretary shall ensure that— (1) guidance on PASC diagnostics, treatments, and care include demographic factors such as age, gender, geographic location, disability, occupation, race and ethnicity, and other factors identified by the Secretary to promote health equity; and (2) individuals with PASC or related post-viral illnesses and conditions, and entities representing such individuals, are empowered to participate in protocol development and outreach and education strategies. (d) Dissemination of information The Secretary shall disseminate, in plain language and in a manner that is culturally and linguistically appropriate and easily accessible to people with disabilities and individuals with limited English proficiency, information under subsections (a) and (b), directly or through arrangements with intra-agency initiatives, nonprofit organizations, consumer groups, institutions of higher learning (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), local educational agencies or State educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), or Federal, State, Tribal, or local public private partnerships. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2025, which shall remain available until expended. 5. Interagency coordination on public engagement and information dissemination on PASC (a) In general The Secretary of Health and Human Services shall convene relevant agencies to develop information and resources to make available to the public and for dissemination to individuals and communities impacted by PASC and related post-viral illness and conditions to raise awareness and provide education on the impact PASC or related post-viral illness and conditions may have on rights associated with employment, disability status, and education afforded under Federal and State law. (b) Collaboration and consultation In developing the information and resources under subsection (a), the Secretary of Health and Human Services— (1) shall collaborate with— (A) the Department of Labor, including the Office of Disability Employment Policy of the Department of Labor; (B) the Department of Education; (C) the Social Security Administration; (D) relevant agencies within the Department of Health and Human Services, including— (i) the Centers for Disease Control and Prevention; (ii) the National Institutes of Health; (iii) the Centers for Medicare & Medicaid Services; (iv) the Administration for Children and Families; and (v) the Administration on Community Living; and (E) other Federal departments, agencies, or offices, as the Secretary determines appropriate to carry out the activities described in this section; and (2) may consult with— (A) communities and professions impacted by high COVID–19 rates; (B) individuals with PASC or related post-viral illnesses and conditions; and (C) organizations and experts that represent the rights and interests of the groups described in subparagraphs (A) and (B). (c) Information and resources developed Not later than 1 year after the date of enactment of this Act, the entities described in subsection (b) shall develop information and resources to include— (1) educational materials to school administrators, counselors, educators, parents, coaches, school nurses, and other school staff about PASC and related post-viral illnesses and conditions with clear guidance on appropriate academic, social, and emotional supports and services, and the rights of students with disabilities, available to students and families; (2) guidance for employers on the rights of people with disabilities related to PASC and related post-viral illnesses and conditions; and (3) guidance on PASC and related post-viral illnesses and conditions as a disability, including recommendations to streamline the process of applying for benefits through the Social Security Administration, including guidance on evaluating PASC and related post-viral illnesses and conditions for individuals under the age of 18, continuing disability reviews, and the payment of benefits under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 et seq. ). (d) Appropriations To carry out this section, there is authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2025, which shall remain available until expended. 6. Research with respect to Medicaid coverage of long-term symptoms of COVID–19 (a) Research The Secretary of Health and Human Services shall expand the Chronic Conditions Data Warehouse research database of the Centers for Medicare & Medicaid Services to collect data on items and services furnished to individuals under a State plan (or a waiver of such a plan) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or under a State child health plan (or a waiver of such a plan) under the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) for the treatment of PASC, for purposes of assessing the frequency at which COVID–19 survivors are furnished such items and services. (b) Authorization of appropriations To carry out this section, there is authorized to be appropriated $3,000,000 for fiscal year 2022, which shall remain available until expended. 7. Program to support legal and social service assistance for individuals with PASC (a) In general The Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living, shall award grants or contracts to eligible entities for purposes of establishing or expanding medical-legal partnerships, or increasing the availability of legal assistance or social supports necessary, to provide effective aid or support to individuals with PASC or related post-viral illnesses and conditions who are seeking assistance in obtaining or maintaining access to, or in legal matters relating to, any of the following services, at minimal or no cost to the individuals: (1) The Social Security Disability Insurance program under section 223 of the Social Security Act ( 42 U.S.C. 423 ). (2) The supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). (3) Survivors benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ). (4) Housing matters. (5) Access to medical care. (6) Access to vocational rehabilitation services under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ). (7) Access to assistive technology under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ). (8) Early intervention, specialized instruction, and related services and accommodations for children provided under parts B and C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ; 20 U.S.C. 1431 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (9) The low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ). (10) Employment supports. (11) Nutrition assistance. (12) Other support services for low-income individuals and people with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )). (b) Eligibility for awards (1) In general To be eligible to receive an award under this section, an entity shall— (A) be— (i) a State, or an agency implementing the State protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )); (ii) a nonprofit entity or a publicly funded organization not acting in a governmental capacity, such as a law school; (iii) an Indian Tribe or Tribal organization; (iv) an urban Indian organization; (v) a territory; (vi) a health care provider with an existing multi-disciplinary clinic or other specialized program focused on serving individuals with PASC, underserved communities, or low-income patients, or with a demonstrated intent to create such a program; (vii) an entity providing legal services; or (viii) a consortium of entities described in clauses (i) through (vii); (B) agree to use the award for the purposes described in subsection (c); and (C) partner with at least one community-based organization with a demonstrated history of serving people with disabilities, including helping people with disabilities access supportive services, or a demonstrated history of serving impacted communities, including limited-English proficient communities. (2) Priority In making awards under subsection (a), the Secretary shall give priority to entities described in paragraph that certify in writing that any person providing legal assistance through a program supported by the award— (A) (i) has demonstrated expertise in providing legal assistance to people with disabilities; or (ii) is partnered with a person that has demonstrated expertise described in clause (i); and (B) has completed, or will complete, training in connection with disability-related legal issues. (c) Use of funds An eligible entity receiving an award under this section may use such award to— (1) establish or expand medical-legal partnerships or other cooperative efforts between community-based organizations, medical and social service providers, and legal assistance providers to provide legal assistance and help accessing or maintaining social services for individuals with PASC; (2) establish or expand efforts and projects to provide legal assistance for individuals with PASC by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of people with disabilities; (3) provide technical assistance to organizations or agencies for educating individuals with PASC or parents, including foster parents, caring for children with PASC about rights related to accommodations in employment, education, or other matters as determined by the Secretary; and (4) employ staff or educate current staff on assisting individuals with PASC in obtaining health care, social services, or legal services. (d) Reporting Eligible entities receiving an award under this section shall collect data and report information to the Secretary of Health and Human Services in a manner prescribed by such Secretary. (e) Evaluation Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, which shall also be made publicly available, outlining the number of individuals who sought services offered by recipients of awards under this section and the services provided. Such report shall include a summary of activities conducted under the program under this section, and information broken down by award recipient. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2027. (2) Nonsupplantation Amounts made available under this section shall be used to supplement and not supplant other Federal, State, and local funds expended to further the purpose of this section. 8. Definitions In this Act: (1) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) PASC The term PASC means post-acute sequelae of COVID–19, commonly referred to as long COVID . (3) Urban Indian organization The term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3726is/xml/BILLS-117s3726is.xml |
117-s-3727 | II 117th CONGRESS 2d Session S. 3727 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated.
1. Short title This Act may be cited as the Require Employees To Uniformly Return Now Act or the RETURN Act . 2. Bringing IRS employees back to the office (a) In general Notwithstanding any other law, in the case of an applicable employee, such employee shall not be authorized to telework during the period— (1) beginning on the date that is 5 business days after the date of enactment of this Act, and (2) ending on the date on which the Commissioner of Internal Revenue certifies that the processing backlog with respect to income tax returns for taxable year 2020 has been eliminated. (b) Definitions In this section— (1) Applicable employee The term applicable employee means an employee of the Internal Revenue Service who, as of the date of enactment of this Act, is authorized to telework, on a temporary or permanent basis, pursuant to a policy established by the Commissioner of Internal Revenue in response to the coronavirus disease 2019 (COVID–19). (2) Telework The term telework has the same meaning given such term under section 6501(3) of title 5, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3727is/xml/BILLS-117s3727is.xml |
117-s-3728 | II 117th CONGRESS 2d Session S. 3728 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Bennet (for himself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Omnibus Public Land Management Act of 2009 to reauthorize the Sangre de Cristo National Heritage Area, Cache La Poudre National Heritage Area, and South Park National Heritage Area in the State of Colorado, and for other purposes.
1. Short title This Act may be cited as the Colorado National Heritage Areas Reauthorization Act . 2. Reauthorization of certain National Heritage Areas in the State of Colorado (a) Sangre de Cristo National Heritage Area Section 8001(i) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1229) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (b) Cache La Poudre National Heritage Area Section 8002(i) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1234) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (c) South Park National Heritage Area Section 8003(i) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1240) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . | https://www.govinfo.gov/content/pkg/BILLS-117s3728is/xml/BILLS-117s3728is.xml |
117-s-3729 | II 117th CONGRESS 2d Session S. 3729 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Rubio (for himself, Mr. Risch , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend section 203 of Public Law 94–305 to ensure proper authority for the Office of Advocacy of the Small Business Administration, and for other purposes.
1. Short title This Act may be cited as the Advocacy Empowerment Act of 2022 . 2. Additional powers of the Chief Counsel for Advocacy (a) Chief counsel authority Section 203(a) of Public Law 94–305 ( 15 U.S.C. 634c(a) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (7) issue, modify, or amend rules governing compliance by agencies with chapter 6 of title 5, United States Code, after opportunity for notice and comment under section 553 of title 5, United States Code; and (8) authorize an agency to issue such supplemental rules governing compliance with chapter 6 of title 5, United States Code, as the Chief Counsel may approve, and ensure that the supplemental rules comply with such chapter 6 and with the notice and comment process under section 553 of title 5, United States Code. . (b) Implementation On and after the date that is 270 days after the date of enactment of this Act, the Chief Counsel for Advocacy of the Small Business Administration may exercise the authority under paragraphs (7) and (8) of section 203(a) of Public Law 94–305 ( 15 U.S.C. 634c(a) ), as added by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3729is/xml/BILLS-117s3729is.xml |
117-s-3730 | II 117th CONGRESS 2d Session S. 3730 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Rubio (for himself, Mr. Risch , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure a complete analysis of the potential impacts of rules on small entities, and for other purposes.
1. Short title This Act may be cited as the Hearing Small Businesses Act of 2022 . 2. Expansion of covered agencies under the Regulatory Flexibility Act Section 609 of title 5, United States Code, is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking an initial regulatory flexibility analysis which a covered agency is required to conduct by this chapter and inserting a proposed rule or interim final rule for which a covered agency is required to conduct an initial regulatory flexibility analysis by this chapter ; and (2) in subsection (d)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) the United States Fish and Wildlife Service; and (5) the Internal Revenue Service. . | https://www.govinfo.gov/content/pkg/BILLS-117s3730is/xml/BILLS-117s3730is.xml |
117-s-3731 | II 117th CONGRESS 2d Session S. 3731 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To restart oil and gas leasing and permitting on Federal land, and for other purposes.
1. Prohibition on moratoria of new oil and gas leases on certain Federal land (a) Definitions In this section: (1) Federal land (A) In general The term Federal land means— (i) National Forest System land; (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); and (iii) the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 )). (B) Inclusion The term Federal land includes any interest in land described in clause (i), (ii), or (iii) of subparagraph (A) that is owned by the United States. (C) Exclusion The term Federal land does not include— (i) a unit of the National Park System; or (ii) a unit of the National Wildlife Refuge System (other than a unit of the National Wildlife Refuge System for which oil and gas drilling is allowed under law). (2) President The term President means the President or any designee. (b) Prohibition Notwithstanding any other provision of law, the President— (1) shall immediately and without delay hold Federal onshore and offshore oil and gas lease sales; and (2) shall not carry out any action that would prohibit or delay the issuance of oil or gas leases, permits, approvals, or authorizations on Federal land, unless such an action has been authorized by an Act of Congress. 2. Rescission of certain energy policies relating to oil and natural gas development Section 208 of Executive Order 14008 ( 42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad) is rescinded and shall have no force or effect. | https://www.govinfo.gov/content/pkg/BILLS-117s3731is/xml/BILLS-117s3731is.xml |
117-s-3732 | II 117th CONGRESS 2d Session S. 3732 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Rubio (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To block the property of Russian state-owned entities.
1. Short title This Act may be cited as the Halting Enrichment of Russian Oligarchs and Industry Allies of Moscow's Schemes to Leverage its Abject Villainy Abroad Act of 2022 or the HEROIAM SLAVA Act of 2022 . 2. Blocking of property of Russian state-owned entities (a) In general On and after the date that is 60 days after the date of the enactment of this Act, the President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of any entity the President determines is owned or controlled by the Government of the Russian Federation if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (c) Exception relating to importation of goods (1) In general The requirement to block and prohibit all transactions in all property and interests in property under subsection (a) shall not include the authority or a requirement to impose sanctions on the importation of goods. (2) Good In this subsection, the term good means any article, natural or man made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (d) United states person defined In this section, the term United States person means— (1) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (2) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (3) any person in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s3732is/xml/BILLS-117s3732is.xml |
117-s-3733 | II 117th CONGRESS 2d Session S. 3733 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit investment by institutional investors in securities issued by Russian entities.
1. Short title This Act may be cited as the Instituting Measures to Protect American Investors and Retirees from Russia Act of 2022 or the IMPAIR Russia Act . 2. Prohibition on investment in securities of Russian entities (a) In general An institutional investor may not purchase a security issued by a Russian entity on or after the date of the enactment of this Act. (b) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out subsection (a). (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (c) Definitions In this section: (1) Institutional investor The term institutional investor means— (A) an investment company, as defined in section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ), or any person that would be an investment company but for the application of paragraph (1) or (7) of subsection (c) of that section; (B) an insurance company, as defined in section 2(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) ); or (C) a fiduciary, within the meaning of section 3(21) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(21) ). (2) Russian entity The term Russian entity means an entity organized under the laws of the Russian Federation or otherwise subject to the jurisdiction of the Government of the Russian Federation. | https://www.govinfo.gov/content/pkg/BILLS-117s3733is/xml/BILLS-117s3733is.xml |
117-s-3734 | II 117th CONGRESS 2d Session S. 3734 IN THE SENATE OF THE UNITED STATES March 2, 2022 Ms. Warren (for herself, Mr. Wyden , Mr. Kelly , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 5, United States Code, to designate Gold Star Families Day as a legal public holiday, and for other purposes.
1. Short title This Act may be cited as the Gold Star Families Day Act . 2. Findings Congress finds the following: (1) The term Gold Star family — (A) refers to the immediate family of a servicemember who dies— (i) while serving in the Armed Forces; or (ii) from a service-connected injury or illness; and (B) originated from the service flags first flown by families during World War I. (2) The flags described in paragraph (1)(B) included a blue star for each immediate family member serving in the Armed Forces during any period of war or hostilities in which the Armed Forces were engaged. If a loved one represented by such a blue star died, the blue star was replaced by a gold star, which allowed members of the community to know the price that the family had paid in the cause of defending freedom. (3) There are Gold Star families from World War I and many thousands from World War II, the Korean War, the Vietnam War, and Operations Desert Shield, Desert Storm, Iraqi Freedom, and Enduring Freedom. (4) The United States recognizes the sacrifice that all Gold Star family members make when a father, mother, brother, sister, son, daughter, or other loved one dies in service to the United States. 3. Gold Star Families Day as a legal public holiday Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Labor Day the following: Gold Star Families Day, the last Monday in September. . | https://www.govinfo.gov/content/pkg/BILLS-117s3734is/xml/BILLS-117s3734is.xml |
117-s-3735 | II 117th CONGRESS 2d Session S. 3735 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Scott of Florida (for himself, Mr. Cramer , and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To impose sanctions to deter aggression by the People’s Republic of China against Taiwan, and for other purposes.
1. Short title This Act may be cited as the Deterring Communist Chinese Aggression against Taiwan through Financial Sanctions Act of 2022 . 2. Findings Congress makes the following findings: (1) Taiwan is a self-governing polity with all the attributes of a constitutional democratic republic and consistently achieves exceedingly high scores from Freedom House’s Freedom in the World Index. (2) Taiwan practices and enshrines in law a free market and entrepreneurial economy and consistently achieves exceedingly high scores in the Heritage Foundation's Index of Economic Freedom. (3) Taiwan’s government and political culture cherish individual rights and the protection of ethnic minorities, and do so through respect for the rule of law. (4) Taiwan’s democracy, free market economy, and cultural, industrial, and scientific achievements have made it a model for the world as it contributes greatly to the peace, prosperity, and well-being of the United States and all other countries that trade and cooperate with Taiwan despite the constraints on trade and cooperation resulting from the threats and intimidation by the Communist Party of China against countries that seek relations with Taiwan. (5) Section 2(b) of the Taiwan Relations Act ( 22 U.S.C. 3301(b) ) asserts that it is the policy of the United States— (A) to declare that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern ; (B) to make clear that the United States decision to establish diplomatic relations with the People's Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means ; (C) to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States ; and (D) to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan . (6) The Chinese Communist Party, especially under the leadership of General Secretary Xi Jinping, threatens Taiwan in terms of national security, trade, and its relationships with countries and international organizations. (7) Such threats are designed to intimidate Taiwan into submission to Communist Party rule and to cause other countries and international organizations to shun Taiwan and cut off relations with it. (8) General Secretary Xi and the Communist Party have made clear their intention to take Taiwan by force if they so choose, and they demonstrate that intention with increased provocative and dangerous actions threatening the peace against Taiwan in the Taiwan Straits. (9) Supporting Taiwan’s defense against such increasingly imminent threats is a vital interest of the United States for the sake of the national security of the United States and allies of the United States in the region, and the preservation of democracy, free market economics, and the rules and norms of the international order. (10) The peace and stability of the entire Pacific region and the countries in that region require that Taiwan not be subjected to the rule of the Communist Party of China. (11) The credibility of the avowal of the United States to defend the principles of the United States and the principles the international order is built upon require a policy that can and will deter and thwart any attempt by the Communist Party of China to dominate Taiwan by coercion. 3. Statement of policy It is the policy of the United States to sever all financial transactions between the United States and the People's Republic of China, including any and all public or private entities in the People's Republic of China, if the Government of the People's Republic of China or any forces subject to the control of that Government— (1) engage in armed aggression against Taiwan; (2) invade the territory of Taiwan, including the mainland of Taiwan and any territories under its control, without regard to whether those territories are inhabited or not; (3) blockade by sea or air the mainland of Taiwan or territories under its control; or (4) attempt to change the status of Taiwan or its government by force or coercive actions. 4. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate; and (B) the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives. (2) Chinese military company The term Chinese military company means an entity on the most recent list required to be submitted under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (3) Chinese person The term Chinese person means— (A) an individual who is a citizen or national of the People's Republic of China; or (B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (4) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (5) Foreign financial institution The term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (6) Issuer; security The terms issuer and security have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ). (7) National securities exchange The term national securities exchange means an exchange registered as a national securities exchange in accordance with section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ). (8) Triggering event The term triggering event means any attempt by the Government of the People's Republic of China or any forces subject to the control of that Government to subject Taiwan to the control of the People's Republic of China, including though any of the following acts: (A) Engaging in armed aggression against Taiwan. (B) Invading the territory of Taiwan, including the mainland of Taiwan and any territories under its control, without regard to whether those territories are inhabited or not. (C) Blockading by sea or air the mainland of Taiwan or territories under its control. (D) Attempt to change the status of Taiwan or its government by force or coercive actions. (9) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 5. Imposition of sanctions with respect to Chinese persons responsible for aggression against Taiwan (a) Initial imposition of sanctions On and after the date that is 30 days after a triggering event, the President shall impose the sanctions described in subsection (b) with respect to any Chinese person, including any senior official of the Government of the People's Republic of China, that the President determines participates in a triggering event. (b) Sanctions described The sanctions to be imposed with respect to a person described in subsection (a) are the following: (1) Blocking of property (A) In general The President shall exercise all of the powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of subparagraph (A). (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole In the case of an alien, the alien shall be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general An alien described in subparagraph (A) shall be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the alien’s possession. (3) Exclusion of corporate officers The President shall direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the person. (4) Export sanction The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under— (A) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); or (B) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (5) Inclusion on entity list The President shall include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States. (6) Ban on investment in equity or debt of sanctioned person The President shall, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing equity or debt instruments of the person. (7) Banking transactions The President shall, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the person. (8) Correspondent and payable-through accounts In the case of a foreign financial institution, the President may prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (c) Exceptions (1) Exception for intelligence, law enforcement, and national security activities Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (2) Compliance with united nations headquarters agreement Paragraphs (2) and (3) of subsection (b) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (d) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). 6. Prohibition on listing of Chinese entities on United States securities exchanges (a) In general The Securities and Exchange Commission shall prohibit the securities of an issuer described in subsection (b) from being traded on a national securities exchange on or after the date that is 60 days after a triggering event. (b) Issuers described An issuer described in this subsection is an issuer that is— (1) a Chinese person; (2) owned or controlled by a Chinese person; or (3) a successor entity to a person described in paragraph (1) or (2). 7. Prohibition on transactions in securities of Chinese military companies (a) In general Beginning on the date that is 60 days after a triggering event, any transaction by any United States person or within the United States in any security of an issuer described in subsection (b), or any instrument that is derivative of or designed to provide investment exposure to any such security, is prohibited. (b) Issuers described An issuer described in this subsection (b) is an issuer that is— (1) a Chinese military company; (2) owned or controlled by a Chinese military company; or (3) a successor entity to a Chinese military company. 8. Prohibition on transactions with certain Chinese software companies (a) In general Beginning on the date that is 30 days after a triggering event, any transaction by a United States person or within the United States with any person described in subsection (b) is prohibited. (b) Persons described A person described in this subsection is a person that— (1) the Secretary of Commerce determines develops or controls a software application described in subsection (c); or (2) is owned or controlled by a person described in paragraph (1). (c) Software applications specified A software application described in this subsection is any of the following: (1) Alipay. (2) CamScanner. (3) QQ Wallet. (4) SHAREit. (5) Tencent QQ. (6) VMate. (7) WeChat Pay. (8) WPS Office. (9) Any other connected software application— (A) providing digital e-wallet platforms or digital financial messaging systems; (B) developed or operated by a Chinese person; and (C) determined by the Secretary of Commerce to pose an unacceptable risk to the national security, foreign policy, or economy of the United States. (d) Connected software application defined In this section, the term connected software application means software, a software program, or group of software programs, designed— (1) to be used by an end user on an end-point computing device and to collect, process, or transmit data via the internet as an integral part of its functionality; or (2) to facilitate international financial transactions, digital e-wallet services, digital currency transactions, mobile payments, or international financial messaging services. 9. Imposition of sanctions with respect to international financial messaging systems If, on or after the date that is 60 days after the triggering action, a global financial communications services provider has not terminated the provision of financial communications services to, and the enabling and facilitation of access to such services for, the Central Bank of China and any foreign financial institution subject to sanctions under this Act, the President shall impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to the financial communications services provider and the directors of, and shareholders with a significant interest in, the provider. 10. Prohibition on transactions relating to digital currency issued by the People's Republic of China Any transaction by a United States person or within the United States related to, providing financing for, and otherwise dealing in, any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the Government of the People's Republic of China on or after the date that is 30 days after a triggering event, is prohibited. 11. Implementation; penalties (a) Implementation The President shall exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act. (b) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any regulation, license, or order issued to carry out this Act shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. 12. Exception relating to importation of goods (a) In general The authority or a requirement to impose sanctions or a prohibition under this Act shall not include the authority or a requirement to impose sanctions or a prohibition on the importation of goods. (b) Good defined In this section, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. | https://www.govinfo.gov/content/pkg/BILLS-117s3735is/xml/BILLS-117s3735is.xml |
117-s-3736 | II 117th CONGRESS 2d Session S. 3736 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Blumenthal (for himself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Natural Gas Act to protect consumers from excessive rates, and for other purposes.
1. Short title This Act may be cited as the Making Pipelines Accountable to Consumers and Taxpayers Act or the MPACT Act . 2. Hearing on changed rates or charges Section 4(e) of the Natural Gas Act ( 15 U.S.C. 717c(e) ) is amended by striking the third and fourth sentences and inserting the following: Where changes in rates or charges are thus made effective, the Commission may, by order, require the natural-gas company to furnish a bond, to be approved by the Commission, to refund any amounts ordered by the Commission, to keep accurate accounts in detail of all amounts received by reason of those changes, specifying by whom and in whose behalf those amounts were paid, and, on completion of the hearing and decision, to order the natural-gas company to refund, with interest, the portion of those rates or charges by its decision found not justified. At any hearing involving a rate or charge sought to be changed, the burden of proof to show that the changed rate or charge is just and reasonable shall be on the natural-gas company, and the Commission shall give to the hearing and decision of such questions preference over other questions pending before the Commission and decide the same as speedily as possible. . 3. Refunds Section 5 of the Natural Gas Act ( 15 U.S.C. 717d ) is amended— (1) by redesignating subsection (b) as subsection (d); and (2) inserting after subsection (a) the following: (b) Refunds (1) In general At the conclusion of any hearing under this section in which refunds of amounts that have been paid are required, the Commission shall order the natural-gas company to make those refunds for the period beginning on the refund effective date established under paragraph (3) and ending on the date on which the new rate established by the Commission under subsection (a) takes effect in amounts in excess of those amounts that would have been paid under the just and reasonable rate, charge, classification, rule, regulation, practice, or contract that the Commission orders to be observed and in force. (2) Requirement The refunds required under paragraph (1) shall be made, with interest, to the persons who have paid the rates or charges that are the subject of the hearing. (3) Effective date (A) In general The Commission shall establish the refund effective date in accordance with this paragraph. (B) Hearings initiated on complaint In the case of a hearing initiated on a complaint, the refund effective date shall be— (i) not earlier than the date on which the complaint was filed; and (ii) not later than 150 days after that date. (C) Hearing initiated on motion of Commission In the case of a hearing initiated by the Commission on its own motion, the refund effective date shall be— (i) not earlier than the date on which the Commission publishes notice of the intent to initiate the hearing; and (ii) not later than 150 days after that date. (c) No final decision If the Commission has not rendered a final decision for a hearing under this section by the end of the 180-day period beginning on the date on which the hearing is initiated, the Commission shall state— (1) the reasons why the Commission has failed to render a decision; and (2) the best estimate of the Commission as to when the Commission reasonably expects to render the decision. . 4. Effect (a) In general The amendments made by sections 2 and 3 shall not apply to any proceeding under the Natural Gas Act ( 15 U.S.C. 717 et seq. ) commenced before the date of enactment of this Act. (b) Refiling without prejudice A proceeding under the Natural Gas Act ( 15 U.S.C. 717 et seq. ) commenced before the date of enactment of this Act may be withdrawn and refiled without prejudice. 5. Study (a) In general Not earlier than 3 years and not later than 4 years after the date of enactment of this Act, the Federal Energy Regulatory Commission shall conduct a study on the effect of the amendments made by sections 2 and 3. (b) Requirements The study under subsection (a) shall include an analysis of— (1) the impact, if any, of the amendments made by sections 2 and 3 on the cost of capital paid by natural-gas companies (as defined in section 2 of the Natural Gas Act ( 15 U.S.C. 717a )); (2) any change in the average time taken to resolve proceedings under sections 4 and 5 of the Natural Gas Act ( 15 U.S.C. 717c , 717d); and (3) such other matters as the Federal Energy Regulatory Commission may determine to be appropriate and in the public interest. (c) Report On completion of the study under subsection (a), the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study. | https://www.govinfo.gov/content/pkg/BILLS-117s3736is/xml/BILLS-117s3736is.xml |
117-s-3737 | II 117th CONGRESS 2d Session S. 3737 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Murphy (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Public Health Information and Communications Advisory Committee for purposes of providing recommendations and reports, and to support educational initiatives on communication and dissemination of information during public health emergencies.
1. Short title This Act may be cited as the Promoting Public Health Information Act . 2. Strengthening public health communication Section 319F of the Public Health Service Act ( 42 U.S.C. 247d–6 ) is amended— (1) in subsection (b), to read as follows: (b) Public health information and communications advisory committee (1) In general The Secretary shall establish an advisory committee to be known as the Public Health Information and Communications Advisory Committee (referred to in this subsection as the Advisory Committee ). (2) Duties The Advisory Committee shall make recommendations to the Secretary and report on— (A) critical aspects of communication and dissemination of scientific and evidence-based public health information during public health emergencies, including— (i) the role and impact of misinformation on the response to such public health emergencies; (ii) the role of risk communication before and during such public health emergencies; and (iii) other relevant factors, as the Secretary determines appropriate; (B) information from academic institutions, community-based organizations, and other nongovernmental organizations related to evidence-based or evidence-informed strategies and best practices to effectively communicate and disseminate such information; and (C) strategies to improve communication and dissemination of scientific and evidence-based public health information to the public, and, as appropriate, to address misinformation during public health emergencies, including strategies to— (i) identify the most effective methods for the dissemination of information during a public health emergency; (ii) determine best practices and communicate information to populations that may be impacted by such misinformation; and (iii) adapt approaches for the dissemination of information, as appropriate, to address emerging trends related to misinformation. (3) Composition The Advisory Committee shall be composed of— (A) appropriate Federal officials, appointed by the Secretary, who shall serve as nonvoting members; and (B) individuals, appointed by the Secretary, with expertise in public health, medicine, communications, related technology, psychology, national security, and other areas, as the Secretary determines appropriate, who shall serve as voting members. (4) Dissemination The Secretary shall review the recommendations of the Advisory Committee and, not later than 180 days after receipt of the report under paragraph (2), shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing any actions planned by the Secretary related to the communication and dissemination of scientific and evidence-based public health information, including addressing misinformation, as appropriate. (5) Termination The Advisory Committee shall terminate 4 years after the date of enactment of the Promoting Public Health Information Act . ; (2) by redesignating subsection (f) as subsection (g); (3) by inserting after subsection (e) the following: (f) Educational initiatives (1) In general The Secretary shall award assistance for the development of evidence-based initiatives to promote fact-based public health and medical science information to the public and educate the public on how to identify misinformation, disinformation, and credible information. (2) Consultation In developing the initiatives under this subsection, the Secretary shall consult with— (A) the Public Health Information and Communications Advisory Committee established under subsection (b); (B) experts in the fields of public health and medicine, communication, technology, behavioral science, and other relevant disciplines as appropriate; and (C) relevant Federal agencies, as appropriate. (3) Requirements The initiatives established under this subsection shall— (A) be an evidence-based or evidence-informed media and public engagement initiative that includes partnerships with national and local organizations; (B) ensure that official scientific and public health guidance is accessible and communicated effectively to the public with specific focus on populations that are underserved or with low health literacy; and (C) ensure that activities are tailored towards subgroups that are being targeted for health misinformation and disinformation, or are especially susceptible to health misinformation and disinformation, in a culturally and linguistically appropriate manner. ; and (4) by adding at the end of subsection (g), as so redesignated, the following: (3) Funding for Advisory Committee and educational initiatives There are authorized to be appropriated $45,000,000 for each of fiscal years 2023 through 2027 for purposes of carrying out subsections (b) and (f). . | https://www.govinfo.gov/content/pkg/BILLS-117s3737is/xml/BILLS-117s3737is.xml |
117-s-3738 | II 117th CONGRESS 2d Session S. 3738 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Johnson (for himself, Mr. Barrasso , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To direct the Secretary of the Interior to reissue final rules relating to listing the gray wolf in the Western Great Lakes and Wyoming under the Endangered Species Act of 1973.
1. Reissuance of final rule regarding gray wolves in Western Great Lakes Before the end of the 60-day period beginning on the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule published on December 28, 2011 (76 Fed. Reg. 81666), without regard to any other provision of statute or regulation that applies to issuance of such rule. Such reissuance shall not be subject to judicial review. 2. Reissuance of final rule regarding gray wolves in Wyoming The final rule published on September 10, 2012 (77 Fed. Reg. 55530), that was reinstated on March 3, 2017, by the decision of the U.S. Court of Appeals for the District of Columbia (No. 14–5300) and further republished on May 1, 2017 (82 Fed. Reg. 20284–85), that reinstates the removal of Federal protections for the gray wolf in Wyoming under the Endangered Species Act of 1973, as amended, shall not be subject to judicial review. | https://www.govinfo.gov/content/pkg/BILLS-117s3738is/xml/BILLS-117s3738is.xml |
117-s-3739 | II 117th CONGRESS 2d Session S. 3739 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Rubio (for himself and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To designate certain unelected entities claiming to be governments as foreign terrorist organizations, to impose certain measures with respect to countries that support such entities, and for other purposes.
1. Short title This Act may be cited as the Preventing Usurpation of Power and Privileges by Extralegal Territories’ Sedition Act of 2022 or the PUPPETS Act of 2022 . 2. Designation as foreign terrorist organizations of unelected entities claiming to be governments (a) In general Each entity described in subsection (b) is designated as— (1) a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and (2) a specially designated global terrorist organization under Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as amended before, on, or after the date of the enactment of this Act. (b) Entities described An entity described in this subsection is an entity holding itself out to be the Government of— (1) the Donetsk People's Republic, the Luhansk People’s Republic, or any other region of Ukraine, that was not elected through the presidential or parliamentary elections in 2019 or local elections in 2020; (2) the Pridnestrovian Moldovian Republic; (3) the Republic of South Ossetia; or (4) the Republic of Abkhazia. 3. Non-recognition of sovereignty by unelected entities claiming to be governments (a) United states armed forces The Secretary of Defense may not take any action, including any movement of aircraft or vessels that implies recognition of the sovereignty of any entity described in section 2(b) over territory or airspace claimed by the Government of Ukraine, Moldova, or Georgia. (b) United states flagged vessels No vessel that is issued a certificate of documentation under chapter 121 of title 46, United States Code, may take any action that implies recognition of the sovereignty of any entity described in section 2(b) over territory or airspace claimed by the Government of Ukraine, Moldova, or Georgia. (c) United states aircraft No aircraft operated by an air carrier that holds an air carrier certificate issued under chapter 411 of title 49, United States Code, may take any action that implies recognition of the sovereignty of any entity described in section 2(b) over territory or airspace claimed by the Government of Ukraine, Moldova, or Georgia. 4. Measures with respect to countries that support unelected entities claiming to be governments (a) Identification of countries that assist unelected entities claiming To be governments (1) In general Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State shall submit to Congress a report identifying each country the government of which the Secretary determines, after February 23, 2022— (A) recognizes the sovereignty of an entity described in section 2(b) over territory or airspace claimed by the Government of Ukraine, Moldova, or Georgia; or (B) provides material assistance or support to such an entity. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary for the national security interests of the United States to do so. (3) Public availability The Secretary shall publish the unclassified part of the report required by paragraph (1) on a publicly available website of the Department of State. (b) Prohibition on foreign assistance (1) In general Except as provided by paragraph (2) or (3), no amounts may be obligated or expended to provide foreign assistance to the government of any country identified in a report required by subsection (a). (2) Exception This subsection shall not apply with respect to Ukraine, Taiwan, humanitarian assistance, disaster assistance, emergency food assistance, or the Peace Corps. (3) Waiver The President may waive the application of paragraph (1) with respect to the government of a country if the President determines that the waiver is in the national interests of the United States. (c) Designation as state sponsors of terrorism (1) In general The government of each country identified in a report required by subsection (a) shall be designated as a state sponsor of terrorism. (2) State sponsor of terrorism defined In this subsection, the term state sponsor of terrorism means a country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism, for purposes of— (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (C) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or (D) any other provision of law. 5. Termination The requirements of this Act terminate on December 31, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s3739is/xml/BILLS-117s3739is.xml |
117-s-3740 | II 117th CONGRESS 2d Session S. 3740 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Kelly (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for a comprehensive and integrative program to accelerate microelectronics research and development at the Department of Energy, and for other purposes.
1. Short title This Act may be cited as the Microelectronics Research for Energy Innovation Act of 2022 or the Micro Act of 2022 . 2. Definitions In this Act: (1) Center The term Center means a Microelectronics Science Research Center established pursuant to section 5. (2) Department The term Department means the Department of Energy. (3) Director The term Director means the Director of the Office of Science. (4) Historically black college or university The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (5) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (6) Minority-serving institution The term minority-serving institution means an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (7) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (8) Program The term program means the program established under section 4(a). (9) Secretary The term Secretary means the Secretary of Energy. (10) Skilled technical workforce The term skilled technical workforce has the meaning given the term in section 4(b)(3) of the Innovations in Mentoring, Training, and Apprenticeships Act ( 42 U.S.C. 1862p note; Public Law 115–402 ). (11) Tribal College or University The term Tribal College or University has the meaning given the term in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ). 3. Findings Congress finds that— (1) the coming end of Moore’s Law presents major technological challenges and opportunities for the United States and has important implications for national security, economic competitiveness, and scientific discovery; (2) future progress and innovation in microelectronics, and the maintenance of a robust domestic microelectronics supply chain, will require an approach that advances relevant materials science, electronic and photonic device technologies, processing and packaging technologies, manufacturing technologies, circuit, chip, and system architecture, and software system and algorithm development in a codesign fashion; (3) the National Laboratories possess unique technical expertise and user facilities that are essential to— (A) overcoming foundational research challenges relevant to the topics described in paragraph (2); and (B) translating and transferring research outcomes to industry; and (4) the expertise and user facilities of the National Laboratories described in paragraph (3) will enable the Department to drive advances in microelectronics that are essential to meeting future needs in areas critical to the missions of the Department and the future competitiveness of the domestic microelectronics industry, including high-performance computing, emerging data-centric computing approaches and energy-efficient computing, optical sensors, sources, and wireless networks, and power electronics and electricity delivery systems. 4. Microelectronics research program (a) In general The Secretary shall carry out a crosscutting program of research, development, and demonstration of microelectronics relevant to the missions of the Department to enable advances and breakthroughs in measurement science, standards, material characterization, instrumentation, testing, and manufacturing capabilities that will— (1) accelerate underlying research and development for design, development, and manufacturability of next-generation microelectronics; and (2) ensure the global competitiveness of the United States in the field of microelectronics. (b) Research projects (1) In general In carrying out the program, the Secretary shall provide financial assistance to eligible entities described in paragraph (2) to carry out research projects in— (A) foundational science areas, including— (i) materials sciences, chemical sciences, and plasma science synthesis and fabrication; (ii) novel microelectronics devices, including emerging memory and storage technologies; (iii) diverse computing architectures and paradigms, including analog computing and edge computing; (iv) data-driven modeling and simulation; (v) integrated sensing, power harvesting, and communications; (vi) component integration and subsystems; (vii) photonic integration and packaging; and (viii) development of codesign frameworks for all stages of microelectronics design, development, fabrication, and application; (B) cybersecurity by design to result in trusted and resilient microelectronics; (C) methods for leveraging advanced simulation and artificial intelligence to enhance codesign and discovery in microelectronics; (D) in consultation with the National Institute of Standards and Technology, fabrication and processing science and metrology associated with microelectronics manufacturing, including lithography, patterning, surface deposition, etching, and cleaning; (E) approaches for optimizing system-level energy efficiency of advanced computing systems, the electrical grid, power electronics, and other energy infrastructure; (F) approaches for enhancing the durability and lifetime of radiation-hardened electronics; (G) enhancement of microelectronics security, including the development of integrated devices, packages, and thermal management for severe environments and national security; and (H) in coordination with other relevant initiatives of the Department, methods to improve the lifetime, maintenance, recycling, reuse, and sustainability of microelectronics components and systems, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that the Secretary determines are vulnerable to disruption. (2) Eligible entities An eligible entity referred to in paragraph (1) is— (A) an institution of higher education, including a historically Black college or university, a Tribal College or University, and a minority-serving institution; (B) a nonprofit research organization; (C) a State research agency; (D) a National Laboratory; (E) a private commercial entity; (F) a partnership or consortium of 2 or more entities described in subparagraphs (A) through (E); and (G) any other entity that the Secretary determines appropriate. (3) Notification Not later than 30 days after the Secretary provides financial assistance to an eligible entity under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a notification of the financial assistance provided, including— (A) the criteria used by the Secretary to select the eligible entity receiving the financial assistance; (B) the manner in which the criteria described in subparagraph (A) comport with the purposes of the program described in subsection (a); and (C) a description of the research project that the eligible entity will carry out using the financial assistance. (c) Technology transfer In carrying out the program, the Secretary, in coordination with the Director of the Office of Technology Transitions and in consultation with the private sector, shall— (1) support translational research and transfer of microelectronics technologies; and (2) identify emerging research and development needs of industry and government for the benefit of United States economic competitiveness. (d) Workforce development In carrying out the program, the Secretary shall support— (1) workforce development through existing authorities and mechanisms available to the Department, including internships, fellowships, individual investigator grants, and other activities the Secretary determines appropriate; and (2) education and outreach activities— (A) to disseminate information and promote understanding of microelectronics and related fields among students at elementary school, secondary school, high school, undergraduate, and graduate levels; and (B) that may include educational programming with an emphasis on experiential and project-based learning. (e) Outreach The Secretary shall conduct outreach to recruit applicants to the program and engage participants from all regions of the United States, especially individuals from underserved communities and groups historically underrepresented in science, technology, engineering, and mathematics. (f) Coordination In carrying out the program, the Secretary shall— (1) coordinate across all relevant programs and offices of the Department; and (2) coordinate the research carried out under the program relating to microelectronics with activities carried out by other Federal agencies and programs relating to microelectronics research, development, manufacturing, and supply chain security, including the programs authorized under subsections (c) through (f) of section 9906 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4656 ). (g) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report describing the goals, priorities, and anticipated outcomes of the program. (h) Funding There are authorized to be appropriated to the Secretary to carry out this section— (1) $75,000,000 for fiscal year 2022; (2) $100,000,000 for fiscal year 2023; (3) $100,000,000 for fiscal year 2024; (4) $100,000,000 for fiscal year 2025; and (5) $100,000,000 for fiscal year 2026. 5. Microelectronics Science Research Centers (a) In general In carrying out the program, subject to the availability of appropriations, the Director shall designate not more than 4 eligible entities as Microelectronics Science Research Centers— (1) to conduct mission-driven research to address foundational challenges in the design, development, characterization, prototyping, demonstration, and fabrication of microelectronics; and (2) to facilitate the translation of research results to industry. (b) Eligible entities An eligible entity referred to in subsection (a) is— (1) a National Laboratory; (2) an institution of higher education, including a historically Black college or university, a Tribal College or University, and a minority-serving institution; (3) a private commercial entity; (4) a research center; (5) a partnership or consortium of 2 or more entities described in paragraphs (1) through (4); and (6) any other entity that the Secretary determines appropriate. (c) Activities The activities of a Center shall include research, development, and demonstration activities for— (1) accelerating the development of new microelectronics science and technology, including materials, devices, circuits, systems, architectures, fabrication tools, processes, diagnostics, modeling, synthesis, and, in consultation with the National Institute of Standards and Technology, metrology; (2) advancing the sustainability and energy efficiency of new microelectronics devices, packages, and systems; (3) application-driven codesign and prototyping of novel devices to facilitate laboratory-to-fabrication transition; (4) advancing knowledge and experimental capabilities in surface and materials science, plasma science, and computational and theoretical methods, including artificial intelligence, multiscale codesign, and advanced supercomputing capabilities to invent and manufacture revolutionary microelectronic devices; (5) creating technology testbeds for prototyping platforms for validation and verification of new capabilities and sharing of ideas, intellectual property, and the unique facilities of the Department; (6) supporting development of cybersecurity capabilities for computing architectures that measurably improve safety and security and are adaptable for existing and future applications; and (7) supporting long-term and short-term workforce development in microelectronics. (d) Request for proposals The Director shall, at such time, in such manner, and containing such information as the Director determines to be appropriate, issue a request for proposals from eligible entities described in subsection (b) seeking to be designated as a Center. (e) Operation (1) Duration (A) In general Each Center shall operate for a period of not more than 5 years, unless renewed for an additional 5-year period in accordance with subparagraph (B). (B) Renewal (i) Initial renewal In the case of a Center that has operated for not more than 5 years, the Director may renew support for the Center on a merit-reviewed basis for a period of not more than 5 years. (ii) 10-year operation In the case of a Center that has operated for not less than 5 years but not more than 10 years, the Director may renew support for the Center on a competitive, merit-reviewed basis for a period of not more than 5 years. (iii) 15-year operation In the case of a Center that has operated for not less than 10 years but not more than 15 years, the Director may renew support for the Center on a merit-reviewed basis for a period of not more than 5 years. (2) Termination Consistent with the existing authorities of the Department, the Director may terminate an underperforming Center during the performance period. (f) Technology transfer The Director, in coordination with the Director of the Office of Technology Transitions, shall seek to enter into partnerships with industry groups to facilitate the translation and transfer of research results produced by the Centers. (g) Coordination The Secretary shall— (1) establish a coordinating network to coordinate cross-cutting research and foster communication and collaboration among the Centers; and (2) ensure coordination, and avoid unnecessary duplication, of the activities of each Center with the activities of— (A) other research entities of the Department, including— (i) the Nanoscale Science Research Centers; (ii) the National Quantum Information Science Research Centers; (iii) the Energy Frontier Research Centers; (iv) the Energy Innovation Hubs; (v) the National Laboratories; and (vi) other offices of the Department; (B) the national semiconductor technology center established under section 9906(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4656(c)(1) ); (C) institutions of higher education; (D) industry; and (E) relevant research activities carried out by other Federal agencies. (h) Workforce development Each Center shall support workforce development through— (1) incorporation of undergraduate students, postdoctoral fellows, graduate students, and early career researchers, as well as elementary school, secondary school, and high school students, through opportunities such as dual-enrollment programs and work-based learning programs, as applicable; (2) hands-on research and equipment training programs; (3) technical training and certificate programs for the skilled technical workforce; (4) facilitation of engagement among academic, industry, and laboratory researchers; and (5) public outreach activities, including to students at elementary school, secondary school, high school, undergraduate, and graduate levels, which activities may include educational programming with an emphasis on experiential and project-based learning. (i) Outreach The Secretary shall conduct outreach to recruit applicants to the program and engage participants from all regions of the United States, especially individuals from underserved communities and groups historically underrepresented in science, technology, engineering, and mathematics. (j) Intellectual property The Secretary shall ensure that the intellectual property and value proposition created by the Centers are retained within the United States. (k) Notification (1) Definition of covered determination In this subsection, the term covered determination means a determination of the Secretary— (A) to designate an eligible entity as a Center under subsection (a); (B) to renew support for a Center under subsection (e)(1)(B); or (C) to terminate a Center under subsection (e)(2). (2) Notification Not later than 30 days after the Secretary makes a covered determination, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a notification of the covered determination, including— (A) the criteria used by the Secretary to make the covered determination; and (B) the manner in which the criteria described in subparagraph (A) comport with the purposes of the program described in subsection (a). (l) Funding Subject to the availability of appropriations, the Secretary shall use not more than $25,000,000 to fund each Center for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s3740is/xml/BILLS-117s3740is.xml |
117-s-3741 | II 117th CONGRESS 2d Session S. 3741 IN THE SENATE OF THE UNITED STATES March 2, 2022 Mr. Heinrich (for himself and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To prohibit the use of Federal funds for the private interim storage of spent nuclear fuel, and for other purposes.
1. Prohibition on use of Federal funds for private interim storage of spent nuclear fuel until such time that a permanent repository is available to accept the spent nuclear fuel (a) Definitions In this section: (1) Disposal; monitored retrievable storage facility; repository; spent nuclear fuel; storage The terms disposal , monitored retrievable storage facility , repository , spent nuclear fuel , and storage have the meanings given the terms in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (2) Monitored retrievable storage The term monitored retrievable storage has the same meaning as in subtitle C of title I of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10161 et seq. ). (b) Prohibition (1) In general Notwithstanding any other provision of law and subject to subsection (c), during the period described in subsection (d), no Federal funds made available under any Act, including amounts made available under the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code (commonly known as the Judgment Fund ), for any fiscal year may be used for any costs associated with the identification, development, licensing, granting of rights-of-way, construction, operation, decommissioning, or post-decommissioning maintenance and monitoring of any privately owned— (A) monitored retrievable storage facility; (B) consolidated interim storage facility that serves the purpose and function of monitored retrievable storage under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ); or (C) spent nuclear fuel storage facility that— (i) is not— (I) colocated at the site of a nuclear fuel production, fabrication, or utilization facility; or (II) in operation as of the date of enactment of this Act; and (ii) serves the purpose and function of monitored retrievable storage under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ). (2) Scope The prohibition described in paragraph (1) extends to contracting for the services of a private company for any storage of spent nuclear fuel at, or transportation of spent nuclear fuel to, a privately owned facility that serves the purpose and function of monitored retrievable storage under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ) for the purpose of consolidating the storage of domestic spent nuclear fuel at 1 or more facilities until such time that a repository is available to accept the spent nuclear fuel for permanent disposal. (c) Limitations Subsection (b) does not prohibit— (1) a manufacturer of nuclear reactors or fabricator of nuclear fuel from accepting spent nuclear fuel at the site where the spent nuclear fuel is fabricated or generated; (2) an operating or decommissioned nuclear power plant from accepting spent nuclear fuel for interim storage at the site of the plant; (3) the use of Federal funds for the costs described in that subsection that are associated with the activities described in paragraphs (1) and (2); (4) the use of Federal funds for storage of spent nuclear fuel at, or the transportation of spent nuclear fuel to, federally owned facilities at Department of Energy sites in existence as of the date of enactment of this Act; or (5) the transfer of spent nuclear fuel owned by the Department of Energy between Department of Energy sites. (d) Period of prohibition described The period referred to in subsection (b) is the period beginning on the date of enactment of this Act and ending on the date on which the Secretary of Energy certifies to Congress that a permanent repository is available to accept the spent nuclear fuel. (e) Department of Energy funds No funds of the Department of Energy shall be used to pay to any privately owned facility described in subsection (b) any damages awarded in any civil action in an appropriate district court of the United States relating to the prohibition under subsection (b). (f) Rule of construction Nothing in this section shall be construed to imply that, prior to the date of enactment of this Act, any privately owned facility described in subsection (b) may receive any funds from the Federal Government for the activities prohibited under that subsection. (g) Report Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report detailing— (1) possible locations, or a description of a possible siting process, for future consolidated interim storage facilities and repositories of spent nuclear fuel if Congress were to authorize the siting, construction, and operation of new storage facilities or repositories through the use of a consent-based system; and (2) the estimated costs and risks of that future consolidated interim storage. | https://www.govinfo.gov/content/pkg/BILLS-117s3741is/xml/BILLS-117s3741is.xml |
117-s-3742 | II 117th CONGRESS 2d Session S. 3742 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mrs. Capito (for herself, Mr. Carper , and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a pilot grant program to improve recycling accessibility, and for other purposes.
1. Short title This Act may be cited as the Recycling Infrastructure and Accessibility Act of 2022 . 2. Recycling Infrastructure and Accessibility Program (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Curbside recycling The term curbside recycling means the process by which residential recyclable materials are picked up curbside. (3) Eligible entity The term eligible entity means— (A) a State (as defined in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 )); (B) a unit of local government; (C) an Indian Tribe; and (D) a public-private partnership. (4) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Materials recovery facility (A) In general The term materials recovery facility means a recycling facility where primarily residential recyclables, which are diverted from disposal by a generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B) Exclusion The term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (6) Pilot grant program The term pilot grant program means the Recycling Infrastructure and Accessibility Program established under subsection (b). (7) Recyclable material The term recyclable material means obsolete, previously used, off-specification, surplus, or incidentally produced material for processing into a specification-grade commodity for which a market exists. (8) Transfer station The term transfer station means a facility that— (A) receives and consolidates recyclable material from curbside recycling or drop-off facilities; and (B) loads the recyclable material onto tractor trailers, railcars, or barges for transport to a distant materials recovery facility or another recycling-related facility. (9) Underserved community The term underserved community means a community, including an unincorporated area, without access to full recycling services because— (A) transportation, distance, or other reasons render utilization of available processing capacity at an existing materials recovery facility cost prohibitive; or (B) the processing capacity of an existing materials recovery facility is insufficient to manage the volume of recyclable materials produced by that community. (b) Establishment Not later than 18 months after the date of enactment of this Act, the Administrator shall establish a pilot grant program, to be known as the Recycling Infrastructure and Accessibility Program , to award grants, on a competitive basis, to eligible entities to improve recycling accessibility in a community or communities within the same geographic area. (c) Goal The goal of the pilot grant program is to fund eligible projects that will significantly improve accessibility to recycling systems through investments in infrastructure in underserved communities through the use of a hub-and-spoke model for recycling infrastructure development. (d) Applications To be eligible to receive a grant under the pilot grant program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (e) Considerations In selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall consider— (1) whether the community or communities in which the eligible entity is seeking to carry out a proposed project has curbside recycling; (2) whether the proposed project of the eligible entity will improve accessibility to recycling services in a single underserved community or multiple underserved communities; and (3) if the eligible entity is a public-private partnership, the financial health of the private entity seeking to enter into that public-private partnership. (f) Priority In selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall give priority to eligible entities seeking to carry out a proposed project in a community in which there is not more than 1 materials recovery facility within a 75-mile radius of that community. (g) Use of funds An eligible entity awarded a grant under the pilot grant program may use the grant funds for projects to improve recycling accessibility in communities, including in underserved communities, by— (1) increasing the number of transfer stations; (2) expanding curbside recycling collection programs where appropriate; and (3) leveraging public-private partnerships to reduce the costs associated with collecting and transporting recyclable materials in underserved communities. (h) Prohibition on use of funds An eligible entity awarded a grant under the pilot grant program may not use the grant funds for projects relating to recycling education programs. (i) Minimum and maximum grant amount A grant awarded to an eligible entity under the pilot grant program shall be in an amount— (1) not less than $500,000; and (2) not more than $15,000,000. (j) Set-Aside The Administrator shall set aside not less than 70 percent of the amounts made available to carry out the pilot grant program for each fiscal year to award grants to eligible entities to carry out a proposed project or program in a single underserved community or multiple underserved communities. (k) Federal share (1) In general Subject to paragraph (2), the Federal share of the cost of a project or program carried out by an eligible entity using grant funds shall be not more than 90 percent. (2) Waiver The Administrator may waive the Federal share requirement under paragraph (1) if the Administrator determines that an eligible entity would experience significant financial hardship as a result of that requirement. (l) Report Not later than 2 years after the date on which the first grant is awarded under the pilot grant program, the Administrator shall submit to Congress a report describing the implementation of the pilot grant program, which shall include— (1) a list of eligible entities that have received a grant under the pilot grant program; (2) the actions taken by each eligible entity that received a grant under the pilot grant program to improve recycling accessibility with grant funds; and (3) to the extent information is available, a description of how grant funds received under the pilot grant program improved recycling rates in each community in which a project or program was carried out under the pilot grant program. (m) Authorization of appropriations (1) In general There are authorized to be appropriated to the Administrator to carry out the pilot grant program such sums as may be necessary for each of fiscal years 2023 through 2027, to remain available until expended. (2) Administrative costs and technical assistance Of the amounts made available under paragraph (1), the Administrator may use up to 5 percent— (A) for administrative costs relating to carrying out the pilot grant program; and (B) to provide technical assistance to eligible entities applying for a grant under the pilot grant program. | https://www.govinfo.gov/content/pkg/BILLS-117s3742is/xml/BILLS-117s3742is.xml |
117-s-3743 | II 117th CONGRESS 2d Session S. 3743 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Carper (for himself, Mr. Boozman , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to carry out certain activities to improve recycling and composting programs in the United States, and for other purposes.
1. Short title This Act may be cited as the Recycling and Composting Accountability Act . 2. Definitions (a) In general In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Circular market The term circular market means a market that utilizes industrial processes and economic activities to enable post-industrial and post-consumer materials used in those processes and activities to maintain their highest values for as long as possible. (3) Compost The term compost means a product that— (A) is manufactured through the controlled aerobic, biological decomposition of biodegradable materials; (B) has been subjected to medium and high temperature organisms, which— (i) significantly reduce the viability of pathogens and weed seeds; and (ii) stabilize carbon in the product such that the product is beneficial to plant growth; and (C) is typically used as a soil amendment, but may also contribute plant nutrients. (4) Compostable material The term compostable material means material that is a feedstock for creating compost, including— (A) wood; (B) agricultural crops; (C) paper; (D) certified compostable products associated with organic waste; (E) other organic plant material; (F) marine products; (G) organic waste, including food waste and yard waste; and (H) such other material that is composed of biomass that can be continually replenished or renewed, as determined by the Administrator. (5) Composting facility The term composting facility means a location, structure, or device that transforms compostable materials into compost. (6) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Materials recovery facility (A) In general The term materials recovery facility means a dedicated recycling facility where primarily residential recyclables, which are diverted from disposal by the generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B) Exclusion The term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (8) Recyclable material The term recyclable material means a material that is obsolete, previously used, off-specification, surplus, or incidentally produced for processing into a specification-grade commodity for which a circular market currently exists or is being developed. (9) Recycling The term recycling means the series of activities— (A) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (B) that may include sorting, collection, processing, and brokering; and (C) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products. (10) State The term State has the meaning given the term in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ). (b) Definition of processing In paragraphs (7), (8), and (9) of subsection (a), the term processing means any mechanical, manual, or other method that— (1) transforms a recyclable material into a specification-grade commodity; and (2) may occur in multiple steps, with different steps, including sorting, occurring at different locations. 3. Sense of Congress It is the sense of Congress that— (1) recycling conserves resources, protects the environment, and is important to the United States economy; (2) the United States recycling infrastructure encompasses each of the entities that collect, process, broker, and consume recyclable materials sourced from commercial, industrial, and residential sources; (3) the residential segment of the United States recycling infrastructure is facing challenges from— (A) confusion over what materials are recyclable materials; (B) reduced export markets; (C) growing, but still limited, domestic end markets; (D) an ever-changing and heterogeneous supply stream; and (E) in some areas, a recycling infrastructure in need of revitalization; and (4) in an effort to address those challenges, the United States must use a combination of tactics to improve recycling and composting in the United States. 4. Report on composting infrastructure capabilities The Administrator, in consultation with States, units of local government, and Indian Tribes, shall— (1) prepare a report describing the capability of the United States to implement a national residential composting strategy for compostable materials for the purposes of reducing contamination rates for residential recycling, including— (A) an evaluation of existing Federal, State, and local laws that may present barriers to implementation of a national residential composting strategy; (B) (i) an evaluation of existing composting programs of States, units of local government, and Indian Tribes; and (ii) a description of best practices based on those programs; (C) an evaluation of existing composting infrastructure in States, units of local government, and Indian Tribes for the purposes of estimating cost and approximate land needed to expand composting programs; and (D) a study of the practices of manufacturers and companies that are moving to using compostable packaging and food service ware for the purpose of making the composting process the end-of-life use of those products; and (2) not later than 1 year after the date of enactment of this Act, submit the report prepared under paragraph (1) to Congress. 5. Report on Federal agency recycling practices Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States, in consultation with the Administrator, shall make publicly available a report describing— (1) the total annual recycling and composting rates reported by all Federal agencies; (2) the total annual percentage of products containing recyclable material, compostable material, or recovered materials purchased by all Federal agencies, including— (A) the total quantity of procured products containing recyclable material or recovered materials listed in the comprehensive procurement guidelines published under section 6002(e) of the Solid Waste Disposal Act ( 42 U.S.C. 6962(e) ); and (B) the total quantity of compostable material purchased; (3) recommendations for updating— (A) the comprehensive procurement guidelines published under section 6002(e) of the Solid Waste Disposal Act ( 42 U.S.C. 6962(e) ); and (B) the environmentally preferable purchasing program established under section 6604(b)(11) of the Pollution Prevention Act of 1990 ( 42 U.S.C. 13103(b)(11) ); and (4) the activities of each Federal agency that promote recycling or composting. 6. Improving data and reporting (a) Inventory of materials recovery facilities Not later than 1 year after the date of enactment of this Act, and biannually thereafter, the Administrator, in consultation with States, units of local government, and Indian Tribes, shall— (1) prepare an inventory of public and private materials recovery facilities in the United States, including— (A) the number of materials recovery facilities in each unit of local government in each State; and (B) a description of the materials that each materials recovery facility can process, including— (i) in the case of plastic, a description of— (I) the types of accepted resin, if applicable; and (II) the container type, such as a jug, a carton, or film; (ii) food packaging and service ware, such as a bottle, cutlery, or a cup; (iii) paper; (iv) aluminum, such as an aluminum beverage can, food can, aerosol can, or foil; (v) steel, such as a steel food or aerosol can; (vi) other scrap metal; (vii) glass; or (viii) any other material not described in any of clauses (i) through (vii) that a materials recovery facility can process; and (2) submit the inventory prepared under paragraph (1) to Congress. (b) Establishment of a comprehensive baseline of data for the United States recycling system The Administrator, in consultation with States, units of local government, and Indian Tribes, shall determine, with respect to the United States— (1) the number of community curbside recycling and composting programs; (2) the number of community drop-off recycling and composting programs; (3) the types and forms of materials accepted by each community curbside recycling, drop-off recycling, or composting program; (4) the number of individuals with access to recycling and composting services to at least the extent of access to disposal services; (5) the number of individuals with barriers to accessing recycling and composting services to at least the extent of access to disposal services; (6) the inbound contamination and capture rates of community curbside recycling, drop-off recycling, or composting programs; and (7) where applicable, other available recycling or composting programs within a community, including store drop-offs. (c) Standardization of recycling reporting rates (1) Collection of rates (A) In general The Administrator may use amounts made available under section 9 to biannually collect from each State the nationally standardized rate of recyclable materials in that State that have been successfully diverted from the waste stream and brought to a materials recovery facility or composting facility. (B) Confidential or proprietary business information Information collected under subparagraph (A) shall not include any confidential or proprietary business information, as determined by the Administrator. (2) Use Using amounts made available under section 9, the Administrator may use the rates collected under paragraph (1) to further assist States, units of local government, and Indian Tribes— (A) to reduce the overall waste produced by the States and units of local government; and (B) to increase recycling and composting rates. (d) Report on end markets (1) In general The Administrator, in consultation with States, units of local government, and Indian Tribes, shall— (A) provide an update to the report submitted under section 306 of the Save Our Seas 2.0 Act ( Public Law 116–224 ; 134 Stat. 1096) to include an addendum on the end-market sale of all recyclable materials, in addition to recycled plastics as described in that section, from materials recovery facilities that process recyclable materials collected from households and publicly available recyclable materials drop-off centers, including— (i) the total, in dollars per ton, domestic sales of bales of recyclable materials; and (ii) the total, in dollars per ton, international sales of bales of recyclable materials; (B) prepare a report on the end-market sale of compost from all compostable materials collected from households and publicly available compost drop-off centers, including the total, in dollars per ton, of domestic sales of compostable materials; and (C) not later than 1 year after the date of enactment of this Act, submit to Congress the update to the report prepared under subparagraph (A) and the report prepared under subparagraph (B). (2) Confidential or proprietary business information Information collected under subparagraphs (A) and (B) of paragraph (1) shall not include any confidential or proprietary business information, as determined by the Administrator. 7. Study on the diversion of recyclable materials from a circular market (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a metric for determining the proportion of recyclable materials in commercial and municipal waste streams that are being diverted from a circular market. (b) Study; report Not later than 1 year after the development of a metric under subsection (a), the Administrator shall conduct a study of, and submit to Congress a report on, the proportion of recyclable materials in commercial and municipal waste streams that, during each of the 10 calendar years preceding the year of submission of the report, were diverted from a circular market. (c) Data The report under subsection (b) shall provide data on specific recyclable materials, including aluminum, plastics, paper and paperboard, textiles, and glass, that were prevented from remaining in a circular market through disposal or elimination, and to what use those specific recyclable materials were lost. (d) Evaluation The report under subsection (b) shall include an evaluation of whether the establishment or improvement of recycling programs would— (1) improve recycling rates; or (2) reduce the quantity of recyclable materials being unutilized in a circular market. 8. Voluntary guidelines The Administrator shall— (1) in consultation with States, units of local government, and Indian Tribes, develop, based on the results of the studies, reports, inventory, and data determined under sections 4 through 7, and provide to States, units of local government, and Indian Tribes best practices that the States, units of local government, and Indian Tribes may use to enhance recycling and composting, including— (A) labeling techniques for containers of waste, compost, and recycling, with the goal of creating consistent, readily available, and understandable labeling across jurisdictions; (B) pamphlets or other literature readily available to constituents; (C) primary and secondary school educational resources on recycling; (D) web and media-based campaigns; and (E) guidance for the labeling of recyclable materials and compostable materials that minimizes contamination and diversion of those materials from waste streams toward recycling and composting systems; and (2) not later than 2 years after the date of enactment of this Act, submit to Congress a report describing the best practices developed under paragraph (1). 9. Authorization of appropriations There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this Act for each fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s3743is/xml/BILLS-117s3743is.xml |
117-s-3744 | II 117th CONGRESS 2d Session S. 3744 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Cardin (for himself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes.
1. Short title This Act may be cited as the Baltimore National Heritage Area Reauthorization Act . 2. Boundary modification and reauthorization of Baltimore National Heritage Area (a) Boundary modification (1) Map Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1247) is amended by striking entitled and all that follows through the period at the end and inserting entitled Baltimore National Heritage Area Proposed Boundary , numbered T10/179,623, and dated February 2022. . (2) Boundaries Section 8005(b)(2)(A) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1247) is amended by striking October 2001 and all that follows through the period at the end and inserting July 2020. . (b) Reauthorization Section 8005(i) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1253; 130 Stat. 1491) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting March 30, 2036 . | https://www.govinfo.gov/content/pkg/BILLS-117s3744is/xml/BILLS-117s3744is.xml |
117-s-3745 | II 117th CONGRESS 2d Session S. 3745 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Rounds (for himself, Mr. Scott of South Carolina , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Federal financial institutions regulatory agencies to take risk profiles and business models of institutions into account when taking regulatory actions, and for other purposes.
1. Short title This Act may be cited as the Taking Account of Institutions with Low Operation Risk Act of 2022 or the TAILOR Act of 2022 . 2. Tailoring regulation to business model and risk (a) Definitions In this section— (1) the term Federal financial institutions regulatory agencies means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Bureau of Consumer Financial Protection; and (2) the term regulatory action — (A) means any proposed, interim, or final rule or regulation; and (B) does not include any action taken by a Federal financial institutions regulatory agency that is solely applicable to an individual institution, including an enforcement action or order. (b) Consideration and tailoring For any regulatory action occurring after the date of enactment of this Act, each Federal financial institutions regulatory agency shall— (1) take into consideration the risk profile and business models of each type of institution or class of institutions subject to the regulatory action; and (2) tailor such regulatory action applicable to such institution, or type of institution, in a manner that limits the regulatory impact, including cost, human resource allocation and other burdens, on such institution or type of institution as is appropriate for the risk profile and business model involved. (c) Factors To consider In carrying out the requirements of subsection (b), each Federal financial institutions regulatory agency shall consider— (1) the aggregate impact of all applicable regulatory action on the ability of such institutions to flexibly serve their customers and local markets now and in the future; (2) the potential impact that efforts to implement the regulatory action and third-party service provider actions may work to undercut efforts to tailor such regulatory action described in subsection (b)(2); and (3) the statutory provision authorizing the regulatory action, the congressional intent with respect to the statutory provision, and the underlying policy objectives of the regulatory action. (d) Notice of proposed and final rulemaking Each Federal financial institutions regulatory agency shall disclose and document in every notice of proposed rulemaking and in any final rulemaking for a regulatory action how the agency has applied subsections (b) and (c). (e) Reports to Congress (1) Individual agency reports Not later than 1 year after the date of enactment of this Act and annually thereafter, each Federal financial institutions regulatory agency shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the specific actions taken to tailor the regulatory actions of the Federal financial institutions regulatory agency pursuant to the requirements of this section. (f) Limited look-Back application (1) In general Each Federal financial institutions regulatory agency shall— (A) conduct a review of all regulations issued in final form pursuant to statutes enacted during the period beginning on the date that is 7 years before the date of the introduction of this Act in the Senate and ending on the date of the enactment of this Act; and (B) apply the requirements of this section to such regulations. (2) Revision Any regulation revised under paragraph (1) shall be revised not later than 3 years after the date of enactment of this Act. 3. Short-form call reports for all banks eligible for the community bank leverage ratio The appropriate Federal banking agencies, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ), shall adopt rules establishing a reduced reporting requirement for all banks eligible for the community bank leverage ratio, as defined in section 201(a) of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( 12 U.S.C. 5371 note), when making the first and third report of condition of a year as required by section 7(a) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(a) ). 4. Report to Congress on modernization of supervision Not later than 18 months after the date of enactment of this Act, the appropriate Federal banking agencies, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ), in consultation with State bank supervisors, shall examine and submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the modernization of bank supervision, including the following factors: (1) Changing bank business models. (2) Examiner workforce and training. (3) Structure of supervisory activities within banking agencies. (4) Improving bank-supervisor communication and collaboration. (5) Use of supervisory technology. (6) Supervisory factors uniquely applicable to community banks. (7) Changes in statutes necessary to achieve more effective supervision. | https://www.govinfo.gov/content/pkg/BILLS-117s3745is/xml/BILLS-117s3745is.xml |
117-s-3746 | II 117th CONGRESS 2d Session S. 3746 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Labor to review certain provisions of the Code of Federal Regulations related to fiduciary standards under the Employee Retirement Income Security Act of 1974, and for other purposes.
1. Short title This Act may be cited as the Pension Risk Transfer Accountability Act of 2021 . 2. Review of Pension Risk Transfer Interpretive Bulletin Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall— (1) review section 2509.95–1 of title 29, Code of Federal Regulations (relating to the fiduciary standards under the Employee Retirement Income Security Act of 1974 when selecting an annuity provider for a defined benefit pension plan) to determine whether amendments to such section are warranted; and (2) report to Congress on the findings of such review, including an assessment of any risk to participants. | https://www.govinfo.gov/content/pkg/BILLS-117s3746is/xml/BILLS-117s3746is.xml |
117-s-3747 | II 117th CONGRESS 2d Session S. 3747 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Brown (for himself, Mr. Casey , Mr. Blumenthal , Mr. Booker , Ms. Smith , Mr. Van Hollen , Mr. Whitehouse , Mr. Wyden , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit an employer from terminating the coverage of an employee under a group health plan while the employee is engaged in a lawful strike, and for other purposes.
1. Short title This Act may be cited as the Striking Workers Healthcare Protection Act . 2. Continuation of coverage under a group health plan during a lawful strike (a) In general Section 8(a) of the National Labor Relations Act ( 29 U.S.C. 158(a) ) is amended— (1) in paragraph (5), by striking the period and inserting ; and ; and (2) by adding at the end the following: (6) to terminate or significantly alter the coverage of an employee under a group health plan during the period that such employee is engaged in a lawful strike. . (b) Definitions Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended by adding at the end the following: (15) The term group health plan has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1167(1) ). . (c) Penalties Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ) is amended— (1) by striking Sec. 12. Any person and inserting the following: 12. Penalties (a) Violations for interference with the board Any person ; and (2) by adding at the end the following: (b) Civil penalties for unfair labor practices related to coverage under a group health plan during a lawful strike Any employer who commits an unfair labor practice within the meaning of section 8(a)(6) shall be subject to a civil penalty in an amount not to exceed $50,000 for each such violation, except that, with respect to such an unfair labor practice that coincides with the discharge of an employee or that results in other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $100,000, in any case where the employer has within the preceding 5 years committed another such violation of section 8(a)(6). A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. (c) Considerations In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider— (1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by the Act; (2) the size of the employer; (3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and (4) the public interest. (d) Director and officer liability If the Board determines, based on the particular facts and circumstances presented, that a director or officer’s personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation. . | https://www.govinfo.gov/content/pkg/BILLS-117s3747is/xml/BILLS-117s3747is.xml |
117-s-3748 | II 117th CONGRESS 2d Session S. 3748 IN THE SENATE OF THE UNITED STATES March 3, 2022 Ms. Smith (for herself, Ms. Warren , Mr. Durbin , Mrs. Gillibrand , Mr. Padilla , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To expand employees eligible for leave and employers subject to leave requirements.
1. Short title This Act may be cited as the Job Protection Act . 2. Expansion of employees eligible for leave (a) In general Section 101(2) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2) ) is amended— (1) in subparagraph (A), by striking employed— and all that follows through the end of the subparagraph and inserting employed for not less than 90 days by the employer with respect to whom leave is requested under section 102. ; (2) in subparagraph (B), by striking does not include— and all that follows through the end of the subparagraph and inserting does not include any Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (as added by title II of this Act). ; (3) by striking subparagraphs (C) and (D); and (4) by redesignating subparagraph (E) as subparagraph (C). (b) Federal employees (1) Title 5 Subchapter V of chapter 63 of title 5, United States Code, is amended— (A) in section 6381(1)(B), by striking 12 months and inserting 90 days ; and (B) in section 6382(d)(2)(E), by striking 12 months and inserting 90 days . (2) Presidential employees Section 412(a)(2)(B) of title 3, United States Code, is amended by striking 12 months and for at least 1,250 hours of employment during the previous 12 months and inserting 90 days . (3) Congressional employees Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1312(a)(2)(B) ) is amended by striking 12 months and for at least 1,250 hours of employment during the previous 12 months and inserting 90 days . 3. Expansion of employers subject to leave requirements Section 101(4)(A)(i) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4)(A)(i) ) is amended by striking 50 or more employees and all that follows through the end of the clause and inserting 1 or more employees . 4. Applicability This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3748is/xml/BILLS-117s3748is.xml |
117-s-3749 | II 117th CONGRESS 2d Session S. 3749 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to enhance compliance with hospital price transparency requirements, and for other purposes.
1. Short title This Act may be cited as the Hospital Transparency Compliance Enforcement Act . 2. Hospital price transparency requirements Section 2718(e) of the Public Health Service Act ( 42 U.S.C. 300gg–18(e) ) is amended— (1) by striking Each hospital and inserting the following: (1) In general Each hospital ; (2) by inserting , in accordance with paragraph (2) , after for each year ; and (3) by adding at the end the following: (2) Timing requirements (A) In general Each hospital operating within the United States on the date on which the COVID–19 public health emergency terminates shall, not later than 100 days after such date and every year thereafter, establish (and update) and make public the list under paragraph (1). (B) Newly operating hospitals In the case of a hospital that begins operating in the United States after the date on which the COVID–19 public health emergency terminates, the hospital shall comply with the requirements described in subparagraph (A) not later than 100 days after the date on which the hospital begins such operation and every year thereafter. (3) Prohibition on shielding information No hospital may shield the information required under paragraph (1) from online search results through webpage coding. (4) Civil monetary penalties (A) In general A hospital that fails to comply with the requirements of this subsection for a year shall be subject to a civil monetary penalty of an amount not to exceed— (i) in the case of a hospital with a bed count of 30 or fewer, $600 for each day in which the hospital fails to comply with such requirements; (ii) in the case of a hospital with a bed count that is greater than 30 and equal to or fewer than 550, $20 per bed for each day in which the hospital fails to comply with such requirements; or (iii) in the case of a hospital with a bed count that is greater than 550, $11,000 for each day in which the hospital fails to comply with such requirements. (B) Procedures (i) In general Except as otherwise provided in this subsection, a civil monetary penalty under subparagraph (A) shall be imposed and collected in accordance with part 180 of title 45, Code of Federal Regulations (or successor regulations). (ii) Timing A hospital shall pay in full a civil monetary penalty imposed on the hospital under subparagraph (A) not later than— (I) 60 calendar days after the date on which the Secretary issues a notice of the imposition of such penalty; or (II) in the event the hospital requests a hearing pursuant to subpart D of part 180 of title 45, Code of Federal Regulations (or successor regulations), 60 calendar days after the date of a final and binding decision in accordance with such subpart, to uphold, in whole or in part, the civil monetary penalty. (5) List of hospitals not in compliance The Secretary shall publish a list of the name of each hospital that is not in compliance with the requirements under this subsection. Such list shall be published 280 days after the COVID–19 public health emergency terminates and every 180 days thereafter. (6) Definition of COVID–19 public health emergency In this subsection, the term COVID–19 public health emergency means the public health emergency declared by the Secretary under section 319 with respect to COVID–19. . | https://www.govinfo.gov/content/pkg/BILLS-117s3749is/xml/BILLS-117s3749is.xml |
117-s-3750 | II 117th CONGRESS 2d Session S. 3750 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mrs. Fischer introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal, collectively, to the individuals and communities who volunteered or donated items to the North Platte Canteen in North Platte, Nebraska, during World War II from December 25, 1941, to April 1, 1946.
1. Short title This Act may be cited as the North Platte Canteen Congressional Gold Medal Act . 2. Findings The Congress finds the following: (1) Home-front volunteerism was integral to the victory of the United States during World War II. Numerous exemplars of patriotism emerged throughout the Midwest, galvanizing the rural United States and the rest of the country supporting the war effort. (2) The North Platte Canteen in North Platte, Nebraska, was one of the largest volunteer efforts of World War II. (3) Canteen services boosted morale in the United States by providing free, wholesome entertainment to troops traveling across the country. Approximately 120 community-based canteens operated in the United States during World War II. (4) The North Platte Canteen greeted and served food to approximately 6,000,000 U.S. troops traveling across the United States from December 25, 1941, to April 1, 1946. (5) On December 17, 1941, the residents of North Platte, Nebraska, received information that a train of Nebraska National Guardsmen would be traveling through North Platte en route to the West Coast of the United States. Although the train carried members of the Kansas National Guard, residents of the community welcomed the men from Kansas with food and other items as an appreciation for their service. (6) On December 18, 1941, Rae Wilson, of North Platte, proposed to her community the idea of establishing the North Platte Canteen so that residents could greet U.S. troops en route to serving the United States in the European Theater or the Pacific Theater. (7) 55,000 individuals, the majority of whom were women, from 125 communities in Nebraska, Colorado, and Kansas donated food and volunteered at the North Platte Canteen for approximately 5 years. (8) The North Platte Canteen provided hospitality to as many as 24 troop trains per day. During a 1-month period, the Canteen’s volunteers served over 40,000 homemade cookies, 30,000 hard-boiled eggs, 6,500 doughnuts, 4,000 loaves of bread, 3,000 pounds of meat, 450 pounds of cheese, 60 quarts of peanut butter, 1,350 pounds of coffee, 1,000 quarts of cream, 750 dozen rolls, and 600 birthday cakes. (9) The North Platte Canteen principally operated at the Union Pacific Railroad station in North Platte, Nebraska, with volunteers from local communities, organizations, churches, schools, and other groups, and without Federal assistance. (10) $137,000 in cash contributions supported the North Platte Canteen’s operations for almost 5 years. The funds were raised through benefit dances, scrap-metal drives, school victory clubs, donation cans in local businesses, and from the relatives of troops who traveled through the North Platte area. (11) In December 1943, the North Platte Canteen was honored by the United States Army with the presentation of the Meritorious Wartime Service Award by the Secretary of War. (12) In 2004, the 108th Congress passed a resolution recognizing the heroic efforts of those who made enormous sacrifices to make the North Platte Canteen a success during World War II. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the individuals and communities who volunteered or donated items to the North Platte Canteen in North Platte, Nebraska, during World War II. (b) Design and striking For purposes of the presentation described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Lincoln County Historical Museum Following the award of the gold medal under subsection (a), the gold medal shall be given to the Lincoln County Historical Museum in North Platte, Nebraska, where it will be available for display as appropriate and available for research. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s3750is/xml/BILLS-117s3750is.xml |
117-s-3751 | II 117th CONGRESS 2d Session S. 3751 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Casey (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to improve retirement plan coverage for part-time workers.
1. Improving coverage for part-time workers (a) Amendments to Employee Retirement Income Security Act of 1974 (1) In general Section 202 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1052 ) is amended by adding at the end the following new subsection: (c) Special rule for certain part-Time employees (1) In general A pension plan that includes either a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986) or a salary reduction agreement (as described in section 403(b) of such Code) shall not require, as a condition of participation in the arrangement or agreement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of— (A) the period permitted under subsection (a)(1) (determined without regard to subparagraph (B)(i) thereof); or (B) the first 24-month period— (i) consisting of 2 consecutive 12-month periods during each of which the employee has at least 500 hours of service; and (ii) by the close of which the employee has attained the age of 21. (2) Exception Paragraph (1)(B) shall not apply to any employee described in section 410(b)(3) of the Internal Revenue Code of 1986. (3) Coordination with other rules (A) In general In the case of employees who are eligible to participate in the arrangement or agreement solely by reason of paragraph (1)(B): (i) Exclusions An employer may elect to exclude such employees from the application of subsections (a)(4), (k)(3), (k)(12), (k)(13), (k)(15)(B)(i)(I), and (m)(2) of section 401 of the Internal Revenue Code of 1986 and section 410(b) of such Code. (ii) Time of participation The rules of subsection (a)(4) shall apply with respect to such employees. (B) Top-heavy rules An employer may elect to exclude all employees who are eligible to participate in a plan maintained by the employer solely by reason of paragraph (1)(B) from the application of the vesting and benefit requirements under subsections (b) and (c) of section 416 of the Internal Revenue Code of 1986. (4) 12-month period For purposes of this subsection, 12-month periods shall be determined in the same manner as under the last sentence of subsection (a)(3)(A), except that 12-month periods beginning before January 1, 2022, shall not be taken into account. . (2) Vesting Section 203(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1053(a) ) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Part-time employees For purposes of determining whether an employee who is eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of section 202(c)(1)(B) has a nonforfeitable right to employer contributions— (A) except as provided in subparagraph (B), each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service; (B) paragraph (3) shall be applied by substituting at least 500 hours of service for more than 500 hours of service in subparagraph (A) thereof; and (C) 12-month periods occurring before the 24-month period described in section 202(c)(1)(B) shall not be treated as years of service. For purposes of this paragraph, 12-month periods shall be determined in the same manner as under the last sentence of section 202(a)(3)(A), except that 12-month periods beginning before January 1, 2022, shall not be taken into account. . (b) Conforming amendment to Internal Revenue Code of 1986 Section 410(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs: (6) Special rule for certain part-time employees (A) In general In the case of a plan that includes either a qualified cash or deferred arrangement (as defined in section 401(k)), a trust of which such plan is a part shall not constitute a qualified trust under section 401(a) if the plan requires, as a condition of participation in the plan or arrangement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of— (i) the period permitted under paragraph (1) (determined without regard to subparagraph (B)(i) thereof), or (ii) the first 24-month period— (I) consisting of 2 consecutive 12-month periods during each of which the employee has at least 500 hours of service, and (II) by the close of which the employee has attained the age of 21. (B) Exception Subparagraph (A)(ii) shall not apply to any employee described in subsection (b)(3). (C) Coordination with other rules (i) In general In the case of employees who are eligible to participate in the arrangement or agreement solely by reason of subparagraph (A)(ii)— (I) Exclusions An employer may elect to exclude such employees from the application of subsection (b) and of subsections (a)(4), (k)(3), (k)(12), (k)(13), (k)(15)(B)(i)(I), and (m)(2) of section 401. (II) Time of participation The rules of paragraph (4) shall apply with respect to such employees. (ii) Top-heavy rules An employer may elect to exclude all employees who are eligible to participate in a plan maintained by the employer solely by reason of subparagraph (A)(ii) from the application of the vesting and benefit requirements under subsections (b) and (c) of section 416. (D) 12-month period For purposes of this paragraph, 12-month periods shall be determined in the same manner as under the last sentence of paragraph (3)(A), except that 12-month periods beginning before January 1, 2022, shall not be taken into account. (7) Part-time employees For purposes of determining whether an employee who is eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of paragraph (6)(A)(ii) has a nonforfeitable right to employer contributions— (A) except as provided in subparagraph (B), each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service, (B) section 411(a)(6) shall be applied by substituting at least 500 hours of service for more than 500 hours of service in subparagraph (A) thereof, and (C) 12-month periods occurring before the 24-month period described in paragraph (6)(A)(ii) shall not be treated as years of service. For purposes of this paragraph, 12-month periods shall be determined in the same manner as under paragraph (6)(D). . (c) Pre-2021 service Section 112(b) of the Setting Every Community Up for Retirement Enhancement Act of 2019 ( 26 U.S.C. 401 note) is amended by striking section 401(k)(2)(D)(ii) and inserting paragraphs (2)(D)(ii) and (15)(B)(iii) of section 401(k) . (d) Effective date The amendments made by this section shall apply to plan years beginning after the date which is 1 year after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3751is/xml/BILLS-117s3751is.xml |
117-s-3752 | II 117th CONGRESS 2d Session S. 3752 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Hoeven (for himself, Mr. Cornyn , Mr. Cramer , Mr. Inhofe , Mr. Johnson , Mr. Lankford , Ms. Lummis , Mr. Crapo , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To strengthen United States energy security, encourage domestic production of crude oil, petroleum products, and natural gas, and for other purposes.
1. Short title This Act may be cited as the American Energy Independence from Russia Act . 2. Energy security plan The Natural Gas Act is amended by inserting after section 3A ( 15 U.S.C. 717b–1 ) the following: 3B. Energy security plan Not later than 30 days after the date of enactment of this section, and biennially thereafter, the President shall submit to Congress an energy security plan that includes— (1) an evaluation of United States crude oil, petroleum products, and natural gas imports and exports; (2) an energy security risk assessment, by country of origin, of importing crude oil, petroleum products, and natural gas to the United States; and (3) strategies, including changes to Federal policies and regulations, to encourage increased domestic production of crude oil, petroleum products, and natural gas in order to offset any amounts of crude oil, petroleum products, and natural gas imported to the United States from Russia. . 3. Keystone XL authorization (a) Authorization TransCanada Keystone Pipeline, L.P., may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States, as described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). (b) No Presidential permit required No Presidential permit (or similar permit) under Executive Order 13867 ( 3 U.S.C. 301 note; relating to the issuance of permits with respect to facilities and land transportation crossings at the international boundaries of the United States), Executive Order 12038 ( 42 U.S.C. 7151 note; relating to the transfer of certain functions to the Secretary of Energy), Executive Order 10485 ( 15 U.S.C. 717b note; relating to the performance of functions respecting electric power and natural gas facilities located on United States borders), or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in subsection (a). 4. Advancing United States global leadership (a) In general Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended— (1) by striking subsections (a) through (c); (2) by redesignating subsections (d), (e), and (f) as subsections (c), (a), and (b), respectively, and moving subsection (c) (as so redesignated) to appear after subsection (b) (as so redesignated); and (3) by striking the section heading and designation and all that follows through paragraph (1) of subsection (a) (as so redesignated) and inserting the following: 3. LNG terminals; authority of the President to prohibit imports or exports of natural gas (a) LNG terminals (1) Authority of the Commission (A) In general The Commission shall have the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of a facility, including an LNG terminal, to export natural gas from the United States to a foreign country or to import natural gas from a foreign country. (B) Effect Except as specifically provided in this Act, nothing in this Act affects otherwise applicable law relating to the authority or responsibility of any Federal agency relating to facilities, including LNG terminals, to import or export natural gas. ; and (4) by adding at the end the following: (d) Rule of construction relating to authority To prohibit imports or exports (1) In general Nothing in this Act limits the authority of the President under the Constitution or any provision of law specified in paragraph (2) to prohibit imports or exports. (2) Provisions of law specified The provisions of law specified in this paragraph are— (A) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); (B) the National Emergencies Act ( 50 U.S.C. 1601 et seq. ); (C) part B of title II of the Energy Policy and Conservation Act ( 42 U.S.C. 6271 et seq. ); (D) the Trading With the Enemy Act ( 50 U.S.C. 4301 et seq. ); and (E) any other provision of law that— (i) imposes sanctions with respect to a foreign person or foreign government, including the government of a country that is designated as a state sponsor of terrorism; or (ii) prohibits or restricts United States persons from engaging in a transaction with a person or government subject to sanctions imposed by the United States. (3) State sponsor of terrorism defined In this subsection, the term state sponsor of terrorism means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to— (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4318(c)(1)(A) ); (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (C) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (D) any other provision of law. . (b) Conforming amendment Section 60104(d)(2) of title 49, United States Code, is amended, in the first sentence, by striking to import natural gas or . 5. Prohibition on moratoria of new energy leases on certain Federal land and on withdrawal of Federal land from energy development (a) Definitions In this section: (1) Critical mineral The term critical mineral means any mineral included on the list of critical minerals published in the notice of the Secretary of the Interior entitled Final List of Critical Minerals 2018 (83 Fed. Reg. 23295 (May 18, 2018)). (2) Federal land (A) In general The term Federal land means— (i) National Forest System land; (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (iii) the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 )); and (iv) land managed by the Secretary of Energy. (B) Inclusion The term Federal land includes land described in clauses (i) through (iv) of subparagraph (A) for which the rights to the surface estate or subsurface estate are owned by a non-Federal entity. (3) President The term President means the President or any designee, including— (A) the Secretary of Agriculture; (B) the Secretary of Energy; and (C) the Secretary of the Interior. (b) Prohibitions (1) In general Notwithstanding any other provision of law, the President shall not carry out any action that would prohibit or substantially delay the issuance of any of the following on Federal land, unless such an action has been authorized by an Act of Congress: (A) New oil and gas leases, drill permits, approvals, or authorizations. (B) New coal leases, permits, approvals, or authorizations. (C) New hard rock leases, permits, approvals, or authorizations. (D) New critical minerals leases, permits, approvals, or authorizations. (2) Prohibition on withdrawal Notwithstanding any other provision of law, the President shall not withdraw any Federal land from forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, or disposition under laws pertaining to mineral and geothermal leasing or mineral materials unless the withdrawal has been authorized by an Act of Congress. 6. Oil and natural gas leasing (a) Onshore lease sales (1) Requirement to immediately resume onshore oil and gas lease sales (A) In general The Secretary of the Interior (referred to in this section as the Secretary ) shall immediately resume oil and gas lease sales in compliance with the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (B) Requirement The Secretary shall ensure that any oil and gas lease sale under subparagraph (A) is conducted immediately on completion of all applicable scoping, public comment, and environmental analysis requirements under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Annual lease sales (A) In general Notwithstanding any other provision of law, in accordance with the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), beginning in fiscal year 2022, the Secretary shall conduct a minimum of 4 oil and natural gas lease sales annually in each of the following States: (i) Wyoming. (ii) New Mexico. (iii) Colorado. (iv) Utah. (v) Montana. (vi) North Dakota. (vii) Oklahoma. (viii) Nevada. (ix) Any other State in which there is land available for oil and natural gas leasing under that Act. (B) Requirement In conducting a lease sale under subparagraph (A) in a State described in that subparagraph, the Secretary shall offer all parcels eligible for oil and gas development under the resource management plan in effect for the State. (C) Replacement sales If, for any reason, a lease sale under subparagraph (A) for a calendar year is canceled, delayed, or deferred, including for a lack of eligible parcels, the Secretary shall conduct a replacement sale during the same calendar year. (b) Offshore lease sales (1) In general The Secretary shall conduct all lease sales described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) that have not been conducted as of the date of enactment of this Act by not later than December 31, 2022. (2) Gulf of Mexico region annual lease sales Notwithstanding any other provision of law, beginning in fiscal year 2022, the Secretary shall conduct a minimum of 2 region-wide oil and natural gas lease sales annually in the Gulf of Mexico Region of the outer Continental Shelf, which shall include the following areas described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016): (A) The Central Gulf of Mexico Planning Area. (B) The Western Gulf of Mexico Planning Area. (3) Alaska region annual lease sales Notwithstanding any other provision of law, beginning in fiscal year 2022, the Secretary shall conduct a minimum of 2 region-wide oil and natural gas lease sales annually in the Alaska Region of the outer Continental Shelf, as described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016). (4) Requirements In conducting lease sales under paragraphs (2) and (3), the Secretary shall— (A) issue leases to the highest responsible qualified bidder or bidders; and (B) include in each lease sale all unleased areas that are not subject to restrictions as of the date of the lease sale. (5) Outer Continental Shelf oil and gas leasing program Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended— (A) in subsection (a), in the first sentence of the matter preceding paragraph (1), by striking subsections (c) and (d) of this section and inserting subsections (c) through (f) ; (B) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and (C) by inserting after subsection (e) the following: (f) Subsequent leasing programs (1) In general Not later than 36 months after conducting the first lease sale under an oil and gas leasing program prepared pursuant to this section, the Secretary shall begin preparing the subsequent oil and gas leasing program under this section. (2) Requirement Each subsequent oil and gas leasing program under this section shall be approved not later than 180 days before the expiration of the previous oil and gas leasing program. . 7. Strategic production response plan Section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ) is amended by adding at the end the following: (k) Plan (1) In general Except in the case of a severe energy supply interruption described in subsection (d), the Secretary may not execute the first drawdown of petroleum products in the Reserve after the date of enactment of this subsection, whether through sale, exchange, or loan, until the Secretary has developed a plan to increase the percentage of Federal land (including submerged land of the outer Continental Shelf) under the jurisdiction of the Secretary of Agriculture, the Secretary of Energy, the Secretary of the Interior, and the Secretary of Defense leased for oil and gas production by the same percentage as the percentage of petroleum in the Strategic Petroleum Reserve that is to be drawn down in that first drawdown and subsequent drawdowns, subject to the limitation described in paragraph (2). (2) Limitation The plan developed under paragraph (1) shall not provide for a total increase in the percentage of Federal land described in paragraph (1) leased for oil and gas production in excess of 10 percent. (3) Consultation The Secretary shall prepare the plan under paragraph (1) in consultation with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Defense. . | https://www.govinfo.gov/content/pkg/BILLS-117s3752is/xml/BILLS-117s3752is.xml |
117-s-3753 | II 117th CONGRESS 2d Session S. 3753 IN THE SENATE OF THE UNITED STATES March 3, 2022 Ms. Duckworth (for herself and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 301 East Congress Parkway in Crystal Lake, Illinois, as the Ryan J. Cummings Post Office .
1. Ryan J. Cummings Post Office (a) Designation The facility of the United States Postal Service located at 301 East Congress Parkway in Crystal Lake, Illinois, shall be known and designated as the Ryan J. Cummings Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Ryan J. Cummings Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s3753is/xml/BILLS-117s3753is.xml |
117-s-3754 | II 117th CONGRESS 2d Session S. 3754 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit the importation of crude oil and petroleum products from the Russian Federation, to impose sanctions with respect to persons involved in the importation of such crude oil and petroleum products who have engaged in acts of corruption or who are responsible for serious human rights abuses, and for other purposes.
1. Short title This Act may be cited as the Severing Putin’s Immense Gains from Oil Transfers Act of 2022 or the SPIGOT Act of 2022 . 2. Findings Congress makes the following findings: (1) In February 2022, the Russian Federation launched a large scale invasion of Ukraine that violated Ukraine’s sovereignty and territorial integrity. (2) In 2021, the Russian Federation became the second-largest exporter of crude oil and petroleum products to the United States, after Canada. (3) In 2020, 7 percent of all petroleum imports to the United States came from the Russian Federation, which is more than was imported from the Kingdom of Saudi Arabia. (4) The United States private sector imported 848,000 barrels of oil from the Russian Federation per day in June 2021. (5) From January through December 2021, the United States imported 245,194,000 barrels of oil from the Russian Federation, which at an annual average of $71 per barrel equals approximately $17,400,000,000 in oil imports. (6) As of February 2022, oil prices have risen to $92 per barrel. (7) According to the Ministry of Finance of the Russian Federation, 36 percent of all revenue of the Government of the Russian Federation came from the oil and gas sector in 2021. In 2019 and 2020, the overall percentage of revenue of that Government that came from the oil and gas sector reached 39 and 28 percent, respectively. (8) The President of the Russian Federation, Vladimir Putin, relies on a network of government officials, heads of state-owned enterprises, and business leaders to maintain his grasp on power. (9) Russian-owned energy entities that have ties to individuals aligned with Putin see benefits from reliance by the United States on imports of crude oil and petroleum products from the Russian Federation. (10) In early 2021, political prisoner Alexei Navalny’s Anti-Corruption Foundation outlined some of the corrupt linkages between Russian oil giant Rosneft, with key Putin ally Igor Sechin as its head, and Vladimir Putin himself. (11) The United States Government has already taken action against individuals with links to the energy sector of the Russian Federation, such as Igor Sechin, Boris and Arkady Rotenberg, Kirill Shamalov, Viktor Vekselberg, and Sergey Frusenko, under— (A) the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note); (B) Executive Orders 13661 and 13662 ( 50 U.S.C. 1701 note; relating to blocking property of additional persons contributing to the situation in Ukraine), codified by section 222 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9522 ); and (C) Executive Order 13582 ( 50 U.S.C. 1701 note; relating to blocking property of the Government of Syria and prohibiting certain transactions with respect to Syria). (12) While sanctions imposed by the United States in response to the Russian Federation’s war of aggression against Ukraine have largely exempted the energy sector, on February 24, 2022, the United States Government announced action against the following 2 additional individuals with links to that sector: (A) Ivan Sechin, son of Igor Sechin, and reportedly a deputy head of a department at Rosneft. (B) Andrey Patrushev, a leader of Gazprom Neft, and son of Nikolai Platonovich Patrushev, the Secretary of the Russian Security Council. (13) Despite ongoing United States imports of crude oil and petroleum products from the Russian Federation and existing laws and policies against supporting human rights abuses, there has been no United States Government-led analysis of the linkages between the energy sector of the Russian Federation and corruption or human rights abuses. (14) Oil imported from the Russian Federation contributes to the overall United States carbon footprint, which makes up nearly 15 percent of all global greenhouse gas emissions. (15) On January 27, 2021, President Joseph R. Biden issued Executive Order 14008 (86 Fed. Reg. 7619; relating to tackling the climate crisis at home and abroad), which identifies climate change as an essential element of the foreign policy and national security strategy of the United States. (16) The Department of Defense cites climate change as a national security threat, noting that 100 percent of geographic combatant commands were affected by climate-related impacts in 2019, and more than 1,700 military installations continue to be threatened by sea-level rise. Extreme weather events have caused more than $796,100,000,000 in damage in the United States during the 5 years before the date of the enactment of this Act alone. (17) President Biden has set an economy-wide target for the United States to reduce its net greenhouse gas emissions by 50 to 52 percent below 2005 levels by 2030, which will require decarbonization in the energy, buildings, and transportation sectors. 3. Sense of Congress It is a sense of Congress that— (1) the reliance of the United States on oil imported from the Russian Federation presents a national security liability; (2) a prohibition on imports of oil from the Russian Federation could deprive the Russian Federation upwards of $20,000,000,000 or more revenue from the United States in 2022; (3) Russian energy entities are controlled by Russian executives and oligarchs with close ties to Vladimir Putin, and profits from the energy sector may be implicated in corruption and in fueling human rights abuses globally and in the Russian Federation; (4) the United States Government must— (A) investigate the links described in paragraph (2) to avoid funding activities tied to human rights abuses and corruption through the purchase of oil imported from the Russian Federation; (B) issue a moratorium on the importation of oil from the Russian Federation until a thorough investigation is complete; (C) develop a comprehensive strategy to replace oil imported from the Russian Federation with domestic carbon-free energy sources; and (D) invest in renewable energy alternatives to replace foreign carbon-intensive energy imports; and (5) actively decarbonizing the United States energy economy is of vital strategic interest to the national security and climate change reduction targets of the United States. 4. Appropriate congressional committees defined In this Act, the term appropriate congressional committees means— (1) the Committee on Finance, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Ways and Means, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Energy and Commerce of the House of Representatives. 5. Report on links between Russian energy entities, human rights violations, and corruption (a) In general Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of Energy, the Secretary of the Treasury, the Secretary of Defense, the Secretary of Commerce, and the Director of National Intelligence, shall submit to the appropriate congressional committees a report— (1) identifying which Russian, United States, and international entities are involved with the importation of crude oil and petroleum products from the Russian Federation into the United States; (2) describing the relationship of those entities, and members of their executive boards, with Vladimir Putin and other Russian persons subject to sanctions imposed by the United States; (3) identifying whether any individuals described in paragraph (2) or entities described in paragraph (1) have engaged in acts of corruption or are responsible for or complicit in, or have directly or indirectly engaged in, serious human rights abuses; (4) identifying the ways in which revenue generated from the exportation of crude oil and petroleum products to the United States and to other countries has helped insulate the Russian economy since the United States and international community imposed sanctions in response to the Russian Federation’s illegal war of aggression against Ukraine; (5) identifying alternative suppliers for the importation of crude oil and petroleum products, other than from the Russian Federation, that minimize risks to United States consumers; (6) a comprehensive strategy to prioritize carbon-free energy sources and reduction of the demand for fossil energy as alternatives to crude oil and petroleum products imported from the Russian Federation; and (7) assessing why United States entities are choosing to do business with entities described in paragraph (1) and what advantages doing business with such entities presents. (b) Form of report The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 6. Prohibition on importation of crude oil and petroleum products from the Russian Federation (a) In general Effective on the date that is 30 days after the date of the enactment of this Act, the importation of crude oil and petroleum products from the Russian Federation into the United States is prohibited. (b) Presidential waiver (1) In general The President may waive the prohibition under subsection (a) for a period of not more than one year if— (A) the report required by section 5 has been submitted to the appropriate congressional committees; and (B) the President submits to the appropriate congressional committees a certification that— (i) the importation of crude oil and petroleum products from the Russian Federation does not pose a significant risk to the national security of the United States; and (ii) a prohibition on the importation of crude oil and petroleum products from the Russian Federation would unduly impact energy prices for United States consumers. (2) Renewal The President may renew a waiver issued under paragraph (1) on annual basis if, before the termination date of the previous waiver— (A) the most recent report required by section 5 has been submitted to the appropriate congressional committees; and (B) the President submits to the appropriate congressional committees a certification described in paragraph (1)(B). (3) Form of certification A certification submitted under paragraph (1)(B) or (2)(B) shall be submitted in unclassified form but may include a classified annex. 7. Imposition of sanctions (a) In general Upon receiving a report required by section 5, the President shall use the authorities provided by the provisions of law specified in subsection (b) to impose sanctions with respect to any foreign individual or entity identified under section 5(a)(3) as having engaged in acts of corruption or who are responsible for or complicit in, or have directly or indirectly engaged in, serious human rights abuses. (b) Provisions of law specified The provisions of law specified in this subsection are the following: (1) The Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note). (2) The Sergei Magnitsky Rule of Law Accountability Act of 2012 (title IV of Public Law 112–208 ; 22 U.S.C. 5811 note). (3) Title II of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9501 et seq. ). (4) The International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s3754is/xml/BILLS-117s3754is.xml |
117-s-3755 | II 117th CONGRESS 2d Session S. 3755 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Brown (for himself, Mr. Schatz , Mr. Warnock , Ms. Warren , Mr. Menendez , Mr. Van Hollen , Mrs. Feinstein , Mr. Sanders , Mr. Markey , Mr. Reed , Mr. Blumenthal , Mr. Padilla , Mr. Wyden , Mr. Whitehouse , Ms. Hirono , Ms. Klobuchar , Ms. Cortez Masto , Mr. Durbin , Mr. Booker , Mr. Casey , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Consumer Financial Protection Act of 2010 with respect to arbitration.
1. Short title This Act may be cited as the Arbitration Fairness for Consumers Act . 2. Purposes The purposes of this Act are to— (1) prohibit predispute arbitration agreements that force arbitration of a future consumer financial product or service dispute; and (2) prohibit agreements and practices that interfere with the right of consumers to participate in a joint, class, or collective action related to a consumer financial product or service dispute. 3. No validity or enforceability of predispute arbitration agreements or joint-action waivers (a) In general Subtitle C of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5531 et seq. ) is amended by inserting after section 1036 ( 12 U.S.C. 5536 ) the following: 1036A. No validity or enforceability of predispute arbitration agreements or joint-action waivers (a) Definitions In this section: (1) Class action The term class action means a lawsuit in which 1 or more parties seek or obtain class treatment pursuant to rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law. (2) Consumer dispute The term consumer dispute means a dispute relating to a consumer financial product or service between— (A) a consumer, including a consumer who seeks certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; and (B) a covered person. (3) Predispute arbitration agreement The term predispute arbitration agreement means an agreement to arbitrate a consumer dispute that has not yet arisen at the time of the making of the agreement. (4) Predispute joint-action waiver The term predispute joint-action waiver means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a consumer dispute that has not yet arisen at the time of the making of the agreement. (b) No validity or enforceability of predispute arbitration agreements or joint-Action waivers (1) In general Notwithstanding any other provision of law, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a consumer dispute. (2) Applicability (A) In general An issue as to whether this section applies with respect to a consumer dispute shall be determined under Federal law. (B) Determination The applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section applies shall be determined by a court, rather than an arbitrator, irrespective of— (i) whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing the agreement; and (ii) whether the agreement purports to delegate such determinations to an arbitrator. . (b) Technical and conforming amendments The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ; 124 Stat. 1376) is amended by inserting after the item relating to section 1036 the following: Sec. 1036A. No validity or enforceability of predispute arbitration agreements or joint-action waivers. . 4. Applicability This Act, and the amendments made by this Act, shall apply with respect to any consumer dispute or claim that arises or accrues on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3755is/xml/BILLS-117s3755is.xml |
117-s-3756 | II 117th CONGRESS 2d Session S. 3756 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Cornyn (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require a strategy for international cooperation to counter Russian energy influence globally.
1. Short title This Act may be cited as the Strategy to Reduce Russian Energy Influence Act of 2022 . 2. Strategy to counter Russian energy influence globally (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Energy and the heads of other relevant Federal departments and agencies, shall submit to Congress a report evaluating how Federal laws and authorities available as of the date of the enactment of this Act can be used to counter Russian energy influence globally. (b) Strategy The report required under subsection (a) shall include a strategy to reduce or replace the Russian Federation's supply of energy products in global markets, including a plan for cooperation and coordination with United States allies and partners to counter Russian energy influence. | https://www.govinfo.gov/content/pkg/BILLS-117s3756is/xml/BILLS-117s3756is.xml |
117-s-3757 | II Calendar No. 302 117th CONGRESS 2d Session S. 3757 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Manchin (for himself, Ms. Murkowski , Mr. Tester , Ms. Collins , Mr. King , Mr. Graham , Mr. Schatz , Mr. Daines , Ms. Hirono , Mr. Sullivan , Mr. Kelly , Mrs. Capito , Mr. Hickenlooper , Mr. Cramer , Mr. Warner , Mr. Cassidy , Mr. Blumenthal , Mr. Portman , Mr. Bennet , Mr. Moran , Ms. Hassan , Mr. Grassley , Mr. Durbin , Mr. Scott of Florida , Mr. Kaine , Mr. Scott of South Carolina , Mr. Marshall , Ms. Rosen , Mr. Rubio , Mr. Wicker , and Ms. Baldwin ) introduced the following bill; which was read the first time March 7, 2022 Read the second time and placed on the calendar A BILL To prohibit the importation of crude oil, petroleum, petroleum products, liquefied natural gas, and coal from the Russian Federation.
1. Short title This Act may be cited as the Ban Russian Energy Imports Act . 2. Prohibition on importation of crude oil, petroleum, petroleum products, liquefied natural gas, and coal from the Russian Federation (a) Emergency declaration Notwithstanding section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ), Congress declares that— (1) the aggression of the Russian Federation against Ukraine constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States; and (2) a national emergency exists with respect to that threat. (b) Import prohibition During the period during which the national emergency declared by subsection (a) is in effect, the President shall prohibit the importation by any person subject to the jurisdiction of the United States of crude oil, petroleum, petroleum products, liquefied natural gas, and coal in which the Russian Federation or a national of the Russian Federation has any interest. (c) Application of other provisions The provisions of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), including the consultation and reporting requirements, regulatory authorities, and enforcement and savings provisions, shall apply to the national emergency declared under subsection (a) to the same extent as to a national emergency declared by the President and referred to in section 202 of that Act ( 50 U.S.C. 1701 ). (d) Transition of oil in transit The prohibition under subsection (b) shall not apply with respect to crude oil, petroleum, petroleum products, liquefied natural gas, and coal that are loaded for transit or in transit to the United States on the date of the enactment of this Act.
March 7, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3757pcs/xml/BILLS-117s3757pcs.xml |
117-s-3758 | II 117th CONGRESS 2d Session S. 3758 IN THE SENATE OF THE UNITED STATES March 3, 2022 Ms. Warren (for herself, Mr. Wyden , Mr. Sanders , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To direct the Secretary of Health and Human Services to conduct a study to assess the unintended impacts on the health and safety of people engaged in transactional sex, in connection with the enactment of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 and the loss of interactive computer services that host information related to sexual exchange, to direct the Attorney General to submit a report on human trafficking investigations and prosecutions in connection with the same, and for other purposes.
1. Short title This Act may be cited as the SESTA/FOSTA Examination of Secondary Effects for Sex Workers Study Act or the SAFE SEX Workers Study Act . 2. Findings The Congress finds the following: (1) People who engage in consensual, transactional sex utilize online platforms to protect their health, safety, and independence. This use includes building community connections, distribution of harm reduction information and techniques, identification and screening of potential clients, sale of media and remote services and negotiating the terms of consensual, transactional sex services, including condom use and other harm reduction strategies. (2) Widespread discrimination against populations, including LGBTQIA+ individuals, particularly transgender women of color, prevents many from accessing formal employment resources, traditional financial services, and educational opportunities. (3) In the 2015 United States Transgender Survey conducted by the National Center for Transgender Equality, 19 percent of respondents reported having exchanged sex for resources, such as for money, food, or a place to sleep. Transgender women of color, including Black (42 percent), American Indian (28 percent), multiracial (27 percent), Latina (23 percent), and Asian (22 percent) respondents were more likely to have participated in sex work than the overall sample. (4) In the 2015 United States Transgender Survey, respondents who experienced homelessness in the past year (17 percent) were more than 3 times as likely to have participated in sex work during that year compared to the overall sample. (5) On a broader scale, internet platforms foster connections between people and play an integral part in American society. Access to digital platforms has been essential for activists, distribution of harm reduction information and reproductive and sexual health information, and fostering connections between people who face geographic barriers. Meaningful regulation of internet platforms must take into account the role they play in the health, safety, and privacy of all people’s lives. (6) While policymakers, representatives of internet platforms, and some advocates have discussed ways to mitigate the use of internet platforms to decrease exploitation, people who consensually trade sex are rarely involved in the drafting of legislation or policies, or in assessing their impact, despite being amongst the populations who are impacted by legislation and policies related to the regulation of these internet platforms. (7) On February 27, 2018, the House of Representatives passed the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (commonly known as SESTA/FOSTA ). While SESTA/FOSTA holds websites liable for user-generated content that facilitates sex trafficking, it also impacts online platforms where users discuss consensual sex work and related topics. (8) Contemporaneously with the passage of SESTA/FOSTA in the Senate on March 21, 2018, websites preemptively shut down, some directly citing the law’s passage as the rationale for closure. (9) One week before President Donald Trump signed SESTA/FOSTA into law, the Department of Justice seized Backpage.com and arrested Backpage employees, citing promotion of prostitution and money laundering charges, similar to the Department of Homeland Security’s seizure of Rentboy.com only a few years prior. (10) While these websites and individual accounts have been closing down, there has been no national investigation rigorously examining the impact of losing access to these platforms on the health and safety of people in consensual, transactional sex work. Regional and anecdotal information from health and safety service providers and sex workers has pointed to significant impacts on the health and safety of people who engage in consensual, transactional sex. (11) Community organizations have reported increased homelessness of sex workers, including of sex workers who are caretakers for their families and have lost the economic stability provided by access to online platforms. (12) Sex workers have reported a reduced ability to screen potential clients for safety, and negotiate for boundaries such as condom use, resulting in reports of physical and sexual violence. (13) Many sex workers have turned to street-based work, which has historically involved higher rates of violence than other forms of transactional sex. Street-based sex workers have frequently noted practices which harm their health and safety, such as the confiscation of condoms by police, or use of condoms as evidence of arrest for prostitution. (14) With this new level of precarity, isolation, and vulnerability, there is substantial anecdotal evidence that members of the sex work community are more frequently being contacted by third parties seeking to engage in management activities. This includes both sex workers who had always worked independently, as well as those who have previously experienced violence and exploitation by a third party. (15) The Federal Government has long discussed the importance of assessing collateral consequences when looking at other industries. Comprehensive studies are essential to evaluate the impact on human trafficking investigations and prosecutions, and the health and safety of those involved in consensual, transactional sex, who are increasingly losing access to digital platforms, which have been used for harm reduction information and techniques, and to screen clients. Informed government policies begin with seeking out relevant information to better guide our actions moving forward. 3. Study on unintended impacts on health and safety of people engaged in transactional sex as a result of the loss of certain online resources (a) Study The Secretary of Health and Human Services (referred to in this section as the Secretary ), in consultation, as appropriate, with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Assistant Secretary for Mental Health and Substance Use, shall study the impacts on the health and safety of people engaged in transactional sex resulting from the loss of access to interactive computer services (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) )) in connection with the closure of websites (including Backpage.com) that host information related to consensual sexual exchange, on or after February 27, 2018, in anticipation of, or in response to, the enactment of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 ( Public Law 115–164 ). (b) Interviews and surveys The study under subsection (a) shall include interviews with, and surveys conducted by, nonprofit and community-based organizations that provide direct services to people engaged in transactional sex. (c) Topics The study under subsection (a) shall include assessment of the following impacts on people engaged in transactional sex: (1) Changes in access to technology-related harm reduction services, including social media services. (2) Changes in ability to negotiate terms with potential clients. (3) Changes in experiences of violence from clients. (4) Changes in interactions with law enforcement officials, including changes in police surveillance, stops, and arrests. (5) Changes in contact from third parties. (6) Changes in relationship to and reliance on third parties. (7) Changes in experiences of exploitation and trafficking. (8) Impacts on access to economic resources. (9) Impacts on access to banking and financial technology tools. (10) Impacts on homelessness and housing stability. (11) Impacts on mental health. (12) Impacts on vulnerability to the transmission of HIV and other sexually transmitted infections. (13) Changes in participation in other criminalized behavior. (14) Disparities in the effects described in paragraphs (1) through (13) on key populations typically underserved by service providers, including LGBTQIA+ individuals, people living in rural areas, racial and ethnic minorities, Tribal communities, people experiencing exploitation and trafficking, and undocumented and documented foreign nationals. (15) Any other impacts on people engaged in transactional sex, as determined appropriate by the Secretary. (d) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under subsection (a) and make such report available to the public. 4. Report on impacts on human trafficking as a result of the loss of certain online resources (a) Report The Attorney General shall report on the impacts on human trafficking investigations and prosecutions resulting from the loss of access to interactive computer services (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) )) in connection with the closure of websites (including Backpage.com) that host information related to consensual sexual exchange, on or after February 27, 2018, in anticipation of, or in response to, the enactment of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 ( Public Law 115–164 ). (b) Interviews and surveys The report under subsection (a) shall include interviews with nonprofit and community-based organizations that provide direct services to survivors of human trafficking or people engaged in transactional sex. (c) Topics The report under subsection (a) shall include an assessment of the following impacts of the closure of Backpage.com and other seized websites, the preemptive closure of other websites associated with commercial and non-commercial sex, the changes to civil liability for websites, and moderation or other operational changes in relation to the changes in liability pursuant to the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 ( Public Law 115–164 ) (or any amendments made by such Act): (1) Impact on access to online communication technologies, including social media services. (2) Impact on investigations into trafficking in persons. (3) Impact on prosecution of individuals under section 1591(a) of title 18, United States Code. (4) Impact on the ability of law enforcement agencies to find and prosecute individuals who violate section 1591(a) of title 18, United States Code. (5) Impact of changes made by the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (Public Law) (commonly known as SESTA/FOSTA ) to section 230 of the Communications Decency Act on State law enforcement agencies and victims of human trafficking seeking civil redress against websites engaged in trafficking of children in violation of section 1591(a) of title 18, United States Code. (6) Impact on other policies of the Department of Justice with respect to the prosecution of websites under section 1591 or 2421A of title 18, United States Code. (7) Disparities in the impacts described in paragraphs (1) through (6) on key populations typically underserved by service providers, specifically LGBTQIA+ individuals, people living in rural areas, racial and ethnic minorities, Tribal communities, people experiencing exploitation and trafficking, and undocumented and documented foreign nationals. (8) Any other impacts on people engaged in transactional sex, as determined appropriate by the Attorney General. (d) Report Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress the report required under subsection (a) and make such report available to the public. | https://www.govinfo.gov/content/pkg/BILLS-117s3758is/xml/BILLS-117s3758is.xml |
117-s-3759 | II 117th CONGRESS 2d Session S. 3759 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To require verification of the personal and biometric information of all individuals evacuated from Afghanistan and in-person interviews of such individuals, prohibit Afghan evacuees who do not provide such information or submit to such interviews from receiving Federal assistance, and require the declassification of intelligence related to the withdrawal of the United States Armed Forces from Afghanistan.
1. Short title This Act may be cited as the Afghanistan Vetting and Accountability Act of 2022 . 2. Verification and vetting requirements with respect to individuals evacuated from Afghanistan (a) Definitions In this section: (1) Federal means-tested public benefit The term Federal means-tested public benefit means a Federal means-tested public benefit within the meaning of section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 ). (2) Individual evacuated from Afghanistan The term individual evacuated from Afghanistan — (A) means any individual, other than a United States citizen or a member of the United States Armed Forces, conveyed out of Afghanistan into the United States in coordination with the Government of the United States during the period beginning on January 20, 2021, and ending on January 20, 2022; and (B) includes each individual, other than a United States citizen or a member of the United States Armed Forces, evacuated from Afghanistan as part of Operation Allies Welcome. (3) Secretary The term Secretary means the Secretary of Homeland Security. (4) Unemployment compensation The term unemployment compensation has the meaning given the term in section 85(b) of the Internal Revenue Code of 1986. (b) Verification and vetting requirements (1) In general The Secretary shall verify the personal and biometric information and conduct in-person vetting of each individual evacuated from Afghanistan. (2) Vetting database The Secretary shall develop and maintain a database that contains, for each individual evacuated from Afghanistan, the following: (A) Personal information, including name and date of birth. (B) Biometric information. (C) Any criminal record since the date on which the individual entered the United States. (D) Any application for, or receipt of, unemployment compensation or a Federal means-tested public benefit. (E) The vetting status of the individual, including whether the individual has undergone in-person vetting. (c) Quarterly report (1) In general Not less frequently than quarterly until the date on which the Secretary submits the certification under subsection (d), the Secretary shall submit to Congress a report detailing the compliance of the Secretary with subsection (b). (2) Elements Each report required by paragraph (1) shall include the following: (A) A list of all individuals evacuated from Afghanistan. (B) With respect to each such individual— (i) vetting status, including whether the individual has undergone in-person vetting; (ii) an assessment as to whether the individual has received unemployment compensation or a Federal means-tested benefit; (iii) a description of any arrest or criminal record for conduct that occurred in Afghanistan, if available; and (iv) a description of any arrest or criminal record for conduct that occurred in the United States. (C) The estimated number of days remaining until the Secretary completes the verification and vetting of each individual evacuated from Afghanistan as required by subsection (b)(1). (d) Certification Not later than 30 days after the date on which the Secretary completes the verification and vetting required by subsection (b)(1), the Secretary shall submit to Congress a certification that such verification and vetting has been completed. (e) GAO Audits and Reports (1) Audits The Comptroller General of the United States shall conduct an audit and investigation with respect to the compliance of the Secretary with this Act— (A) not later than 2 years after the date of the enactment of this Act; and (B) not later than 1 year after the date on which the Secretary makes the certification under subsection (d). (2) Reports Not later than 30 days after the completion of each audit and investigation required by paragraph (1), the Comptroller General shall submit to Congress a report on the results of the audit and investigation. (f) Restriction on Federal assistance An individual evacuated from Afghanistan who has not provided personal information and biometric information to the Secretary, and undergone in-person vetting, shall not be eligible to receive unemployment compensation or any Federal means-tested public benefit. 3. Declassification of information related to the withdrawal of the United States Armed Forces from Afghanistan Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall— (1) declassify all intelligence products related to the withdrawal of the United States Armed Forces from Afghanistan, including as relate to— (A) anticipated timelines for a Taliban takeover of Afghanistan, especially as the Taliban seized control of additional districts and provinces, often without fighting, in early to mid 2021; (B) the ability of the Afghan National Defense and Security Forces to prevent a Taliban takeover of Afghanistan after the withdrawal of American forces and associated combat, logistical, and other support; (C) the willingness of then-President of the Islamic Republic of Afghanistan Ashraf Ghani and other Afghan political leaders to remain in Afghanistan as the military situation deteriorated, including any plans such leaders may have made to escape Afghanistan as the Taliban advanced; (D) threats to United States forces, diplomats, or citizens in Kabul or other parts of Afghanistan over the course of the withdrawal, including the noncombatant evacuation operation in August 2021; (E) any other intelligence that may have informed decisions by the United States Government regarding the timeline for the withdrawal of its forces, moving of its embassy in Kabul, initiation of a noncombatant evacuation operation, force requirements for a noncombatant evacuation operation, or other related matters; and (F) any dissenting views shared in writing or other formats, including verbally, by United States military commanders, diplomats, or other government officials regarding the topics described in subparagraphs (A) through (E); and (2) submit to Congress an unclassified report that contains— (A) all the information described under paragraph (1); and (B) only such redactions as the Director determines necessary to protect sources and methods. | https://www.govinfo.gov/content/pkg/BILLS-117s3759is/xml/BILLS-117s3759is.xml |
117-s-3760 | II 117th CONGRESS 2d Session S. 3760 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Durbin (for himself, Ms. Duckworth , Ms. Smith , Mrs. Gillibrand , Mr. Bennet , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To continue the temporary waiver of interest on State unemployment loans during the pandemic to provide additional relief, and for other purposes.
1. Short title This Act may be cited as the Continued Waiver of Interest on State Unemployment Loans during the Pandemic Act . 2. Extension of interest-free loans (a) In general Section 1202(b)(10)(A) of the Social Security Act ( 42 U.S.C. 1322(b)(10)(A) ) is amended by striking September 6, 2021 and inserting September 30, 2022 . (b) Effective date The amendment made by subsection (a) shall take effect as if included in the enactment of the Families First Coronavirus Response Act ( Public Law 116–127 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3760is/xml/BILLS-117s3760is.xml |
117-s-3761 | II 117th CONGRESS 2d Session S. 3761 IN THE SENATE OF THE UNITED STATES March 3, 2022 Ms. Baldwin (for herself, Mr. Portman , Ms. Stabenow , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To support the provision of treatment family care services, and for other purposes.
1. Short title This Act may be cited as the Treatment Family Care Services Act . 2. Supporting the provision of treatment family care services (a) Definitions In this section: (1) Indian tribe The term Indian tribe has the meaning given that term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (2) Medicaid program The term Medicaid program means the program for grants to States for medical assistance programs established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (3) Secretary The term Secretary means the Secretary of Health and Human Services. (4) State The term State has the meaning given that term in section 1101 of the Social Security Act ( 42 U.S.C. 1301 ) for purposes of titles IV and XIX of such Act ( 42 U.S.C. 601 et seq. , 1396 et seq.). (5) Title IV–E program The term title IV–E program means the program for foster care, prevention, and permanency established under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq. ). (6) Treatment family care services The term treatment family care services means structured daily services and interventions provided in a home-based or family-based setting, which may adopt a trauma-informed and gender-responsive approach and may include services addressing the development, improvement, monitoring, and reinforcing of age-appropriate social, communication, and behavioral skills, crisis intervention and crisis support services, medication monitoring, counseling, and case management, for children enrolled in any Medicaid eligibility group (as such term is defined for purposes of the Medicaid or CHIP program) who have not attained age 21, and who, as a result of mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, need additional or specialized care, the cost of which could be reimbursed under the State Medicaid program or the title IV–E program but who can receive services in a home-based or family-based setting. (b) Guidance on treatment family care services (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Centers for Medicare & Medicaid Services and the Assistant Secretary of the Administration for Children and Families, shall develop and issue guidance to States and Indian tribes identifying opportunities to fund treatment family care services for children enrolled in any Medicaid eligibility group. (2) Additional requirements The guidance required under paragraph (1) shall include descriptions of the following: (A) Existing opportunities and flexibilities under the Medicaid or CHIP program, including under waivers authorized under section 1115 or 1915 of the Social Security Act ( 42 U.S.C. 1315 , 1396n), for States to receive Federal funding under that program for the provision of treatment family care services for children enrolled in any Medicaid eligibility group, and as requested by States and subject to approval by the Secretary. (B) Funding opportunities and flexibilities under the title IV–E program, including for specialized training and consultation for biological parents, relative and kinship caregivers, adoptive parents, and foster parents, administrative costs related to in-home prevention services to candidates for foster care and their parents or kin caregivers, and reunification services for youth returning from foster care, as well as other services identified by the Secretary. (C) How States can employ and coordinate funding provided under the Medicaid or CHIP program, the title IV–E program, and other programs administered by the Secretary to support the provision of treatment family care services. (c) Best practices for establishing programs To provide treatment family care services (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Centers for Medicare & Medicaid Services and the Assistant Secretary of the Administration for Children and Families, shall develop and issue guidance to States identifying best practices for establishing programs to provide treatment family care services. (2) Collaboration required Before issuing guidance on best practices, the Secretary shall solicit input from representatives of States and Indian tribes, health care providers with expertise in child trauma and child development, children with mental illness, or other emotional or behavioral disorders, recipients of treatment family care services, foster and kinship care families, and other relevant experts and stakeholders. (3) Additional requirements The guidance required under paragraph (1) shall include the following: (A) Best practices for the organization and provision of treatment family care services and supports. (B) Identification of services and supports included in successful programs that provide treatment family care services. (C) Descriptions of State standards for licensing and accrediting programs that provide treatment family care services to ensure providers are appropriately licensed and trained to provide high-quality treatment family care services, including best practices concerning State requirements for such licensure and accreditation by recognized national independent, not-for-profit entities that accredit health care organizations or by any other independent, not-for-profit accrediting organizations approved by the State. (4) Rule of construction Nothing in this subsection shall be construed as requiring the Secretary to establish an advisory committee subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). (d) GAO study and report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to Congress assessing States' and Tribes' progress in taking steps to ensure foster parents and other caregivers who are eligible for training for which Federal payments are available under the title IV–E program are provided with necessary and appropriate training to meet the individual needs of foster children placed in their care, consistent with the requirements of sections 471(a)(24) and 477(b)(3)(D) of the Social Security Act ( 42 U.S.C. 671(a)(24) , 677(b)(3)(D)). Such assessment shall also include an analysis of, and recommendations, if any, to relevant Federal agencies to improve, State review, approval and oversight of all such training (whether provided directly by the State or under contract with a public or private agency responsible for finding, placing, or monitoring the placement of children in foster family homes). | https://www.govinfo.gov/content/pkg/BILLS-117s3761is/xml/BILLS-117s3761is.xml |
117-s-3762 | II 117th CONGRESS 2d Session S. 3762 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Cruz (for himself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide greater output, price stability, and regulatory certainty with respect to domestic energy production in the United States and exports, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Energy Freedom Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Accelerating energy approvals to reduce bottlenecks Sec. 101. Findings. Sec. 102. Review and approval of certain natural gas transmission projects. Sec. 103. Expedited approval for certain natural gas interstate pipelines. Sec. 104. Natural gas exports. Sec. 105. Pending applications to export natural gas. Sec. 106. Domestic environmental impacts. Sec. 107. No Presidential permit required. TITLE II—Utilizing America’s onshore resources Sec. 201. Finding. Sec. 202. Annual oil and natural gas lease sales. Sec. 203. Permit to drill application timeline. Sec. 204. Congressional authority requirement. Sec. 205. Prohibition on moratoria of new energy leases on certain Federal land and on withdrawal of Federal land from energy development. TITLE III—Outer Continental Shelf leasing Sec. 301. Finding. Sec. 302. Offshore lease sales. TITLE IV—Alternative energy Sec. 401. Geothermal, solar, and wind leasing priority areas. Sec. 402. Geothermal production on Federal lands. Sec. 403. Alternative energy and minerals with respect to territories of the United States. Sec. 404. Hardrock mineral licensing. TITLE V—Stopping Executive overreach Sec. 501. Finding. Sec. 502. Navigable Waters Protection Rule. Sec. 503. Methane rule. Sec. 504. ONRR 2020 Valuation Reform and Civil Penalty Rule. Sec. 505. NEPA rule. Sec. 506. Nationwide permit 12. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Interior. I Accelerating energy approvals to reduce bottlenecks 101. Findings Congress finds that— (1) natural gas is a safe and abundant resource and is proven to be environmentally responsible; and (2) increasing the safe transmission of natural gas will lead to more reliable, abundant, and cleaner domestic supplies of energy that will contribute to job growth and economic development. 102. Review and approval of certain natural gas transmission projects (a) FERC approvals Section 7(e) of the Natural Gas Act ( 15 U.S.C. 717f(e) ) is amended— (1) in the second sentence, by striking The Commission and inserting the following: (3) Terms and conditions The Commission ; (2) by striking (e) Except and inserting the following: (e) Application procedure (1) In general Except ; and (3) by inserting after paragraph (1) (as so designated) the following: (2) Deadline for processing applications (A) In general Not later than 1 year after the date on which the Commission receives an application for a certificate of public convenience and necessity under subsection (c), the Commission shall— (i) complete all required consultations with other Federal agencies; (ii) review the application in accordance with the requirements of this section; and (iii) issue the certificate or deny the application. (B) Reasons for denial If the Commission denies an application under subparagraph (A)(iii), the Commission shall state the reasons for the denial. . (b) Corps of Engineers approvals (1) Definition of covered authorization In this subsection, the term covered authorization means an authorization or approval required under Federal law from the Secretary of the Army for any natural gas transmission project, including an authorization— (A) under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (B) under section 10 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1151, chapter 425; 33 U.S.C. 403 ); (C) for an easement under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ); (D) for permission under section 14 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1152, chapter 425; 33 U.S.C. 408 ); (E) under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (F) any other applicable Federal law. (2) Requirement The Secretary of the Army shall— (A) approve or deny an application or request for a covered authorization, including the completion of any required consultations with other Federal agencies, by not later than 1 year after the date on which the application or request is submitted; and (B) if the application or request for a covered authorization is denied, provide to the applicant or requester the reasons for the denial. 103. Expedited approval for certain natural gas interstate pipelines Section 7(c)(1) of the Natural Gas Act ( 15 U.S.C. 717f )(c)(1)) is amended— (1) in subparagraph (A)— (A) in the first sentence, by striking or operations: Provided, however, That if any such and inserting the following: “or operations. (ii) Prior operations If any such ; and (B) by adding at the end the following: (iii) Projects that meet safety regulations With respect to any application for a certificate of public convenience and necessity under clause (i) for which the Commission determines that the project covered by the application meets all safety regulations in effect as of the date of the application, the Commission shall issue the certificate without requiring further proof that public convenience and necessity will be served by the project, and without further proceedings. ; (2) by striking (c)(1)(A) No natural-gas company and inserting the following: (c) Certificates of public convenience and necessity (1) Applications (A) Requirement to apply for certificate (i) In general No natural-gas company ; and (3) in subparagraph (B), by striking (B) In all other cases the Commission and inserting the following: (B) Hearings In all cases other than the cases described in clauses (ii) and (iii) of subparagraph (A), the Commission . 104. Natural gas exports (a) Findings Congress finds that— (1) increasing clean and safe natural gas exports will lead to increased investment and development of domestic supplies of natural gas that will contribute to job growth and economic development; and (2) the export of clean and safe natural gas to other nations is of vital national interest to the United States. (b) Natural gas exports Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended— (1) by inserting or any other nation not excluded by this section after trade in natural gas ; (2) by inserting and in any event by not later than 60 days after the date on which the application is received before the period at the end; (3) by striking (c) For purposes and inserting the following: (c) Expedited application and approval process (1) In general For purposes ; and (4) by adding at the end the following: (2) Exclusions (A) In general Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1). (B) Designation by President or Congress The President or Congress may designate nations that may be excluded from expedited approval under paragraph (1) for reasons of national security. (3) Order not required No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico. . 105. Pending applications to export natural gas All applications to export natural gas from the United States to a foreign country submitted under section 3(a) of the Natural Gas Act ( 15 U.S.C. 717b(a) ) during the period beginning on January 1, 2020, and ending on January 1, 2025, are deemed approved. 106. Domestic environmental impacts (a) In general Section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) is amended— (1) in subparagraph (C)— (A) in the matter preceding clause (i), by inserting in the United States after human environment ; (B) in clause (i), by inserting in the United States after proposed action ; and (C) in clause (ii), by inserting in the United States after environmental effects ; and (2) in subparagraph (F), by inserting in any proposal or other major Federal action that involves the funding or development of projects outside the United States or the exclusive economic zone of the United States, before recognize . (b) Implementing regulations Not later than 1 year after the date of enactment of this Act, the Council on Environmental Quality shall revise the implementing regulations of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) under subchapter A of chapter V of title 40, Code of Federal Regulations (or successor regulations), in accordance with the amendments made by subsection (a). 107. No Presidential permit required No Presidential permit (or similar permit) required under Executive Order 13337 ( 3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 ( 3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9, 1953)), or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment thereof. II Utilizing America’s onshore resources 201. Finding Congress finds that regular and predictable leasing and permitting on Federal land is important to domestic energy production, which leads to robust competition and lower energy prices. 202. Annual oil and natural gas lease sales (a) Annual lease sales Notwithstanding any other provision of law, in accordance with the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), beginning in fiscal year 2022, the Secretary shall conduct a minimum of 4 oil and natural gas lease sales annually in each of the following States: (1) Wyoming. (2) New Mexico. (3) Colorado. (4) Utah. (5) Montana. (6) North Dakota. (7) Oklahoma. (8) Nevada. (9) Alaska. (10) Any other State in which there is land available for oil and natural gas leasing under that Act. (b) Requirement In conducting a lease sale under subsection (a) in a State described in that subsection, the Secretary shall offer all parcels eligible for oil and gas development under the resource management plan in effect for the State. (c) Replacement sales If, for any reason, a lease sale under subsection (a) for a calendar year is canceled, delayed, or deferred, including for a lack of eligible parcels, the Secretary shall conduct a replacement sale during the same calendar year. 203. Permit to drill application timeline Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) ) is amended by striking paragraph (2) and inserting the following: (2) Applications for permits to drill reform and process (A) In general Not later than the end of the 30-day period beginning on the date an application for a permit to drill is received by the Secretary, the Secretary shall decide whether to issue the permit. (B) Extension (i) In general The Secretary may extend the period described in subparagraph (A) for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. (ii) Notice The notice shall— (I) be in the form of a letter from the Secretary or a designee of the Secretary; and (II) include— (aa) the names and titles of the persons processing the application; (bb) the specific reasons for the delay; and (cc) a specific date a final decision on the application is expected. (C) Notice of reasons for denial If the application is denied, the Secretary shall provide the applicant— (i) a written statement that provides clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and (ii) an opportunity to remedy any deficiencies. (D) Application deemed approved (i) In general Except as provided in clause (ii), if the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application shall be considered approved. (ii) Exceptions Clause (i) shall not apply in cases in which existing reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) are incomplete. (E) Denial of permit If the Secretary decides not to issue a permit to drill under this paragraph, the Secretary shall— (i) provide to the applicant a description of the reasons for the denial of the permit; (ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and (iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. (F) Fee (i) In general Notwithstanding any other provision of law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). (ii) Resubmitted application The fee required under clause (i) shall not apply to any resubmitted application. (iii) Treatment of permit processing fee Subject to appropriation, of all fees collected under this paragraph for each fiscal year, 50 percent shall be— (I) transferred to the field office at which the fees are collected; and (II) used to process protests, leases, and permits under this Act. . 204. Congressional authority requirement Notwithstanding any other provision of law, the Secretary may not declare a moratorium on the leasing of Federal land, including outer Continental Shelf land, for the drilling, mining, or collection of oil, gas, or coal, or for related activities, unless the moratorium is authorized by an Act of Congress. 205. Prohibition on moratoria of new energy leases on certain Federal land and on withdrawal of Federal land from energy development (a) Definitions In this section: (1) Critical mineral The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (2) Federal land (A) In general The term Federal land means— (i) National Forest System land; (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (iii) the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 )); and (iv) land managed by the Secretary of Energy. (B) Inclusions The term Federal land includes land described in clauses (i) through (iv) of subparagraph (A) for which the rights to the surface estate or subsurface estate are owned by a non-Federal entity. (3) President The term President means the President or any designee of the President, including— (A) the Secretary of Agriculture; (B) the Secretary of Energy; and (C) the Secretary. (b) Prohibitions (1) In general Notwithstanding any other provision of law, the President may not carry out any action that would prohibit or substantially delay the issuance of any of the following on Federal land, unless such an action has been authorized by an Act of Congress: (A) New oil and gas leases, drill permits, approvals, or authorizations. (B) New coal leases, permits, approvals, or authorizations. (C) New hardrock leases, permits, approvals, or authorizations. (D) New critical minerals leases, permits, approvals, or authorizations. (2) Prohibition on withdrawal Notwithstanding any other provision of law, the President may not withdraw any Federal land from forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, or disposition under laws pertaining to mineral and geothermal leasing or mineral materials unless the withdrawal has been authorized by an Act of Congress. III Outer Continental Shelf leasing 301. Finding Congress finds that regular and predictable leasing and permitting on the outer Continental Shelf is important to domestic energy production, which leads to robust competition and low energy prices. 302. Offshore lease sales (a) Offshore lease sales The Secretary shall conduct all lease sales described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) that have not been conducted as of the date of enactment of this Act by not later than December 31, 2022. (b) Central and Western Gulf of Mexico region annual lease sales (1) In general Notwithstanding any other provision of law, if a final 2023–2027 oil and gas leasing program is not approved under section 18(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a) ) by July 1, 2022, the Secretary shall conduct a minimum of 2 region-wide oil and natural gas lease sales annually in the Gulf of Mexico Region of the outer Continental Shelf, which shall include the following areas described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016): (A) The Central Gulf of Mexico Planning Area. (B) The Western Gulf of Mexico Planning Area. (2) Timing The Secretary shall conduct the first lease sales required under paragraph (1) in the first and third quarters of calendar year 2023. (3) Inclusions Each lease sale required under paragraph (1)— (A) shall offer all unleased acres in the Central Gulf of Mexico Planning Area and the Western Gulf of Mexico Planning Area; and (B) shall be subject to the same lease stipulations, withdrawals, and moratoriums as were included in Gulf of Mexico Outer Continental Shelf Region-wide Oil and Gas Lease Sale 256 conducted on November 18, 2020. (4) Continuation The Secretary shall conduct lease sales annually under this subsection until the date on which a new 5-year oil and gas leasing program is approved and implemented under section 18(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a) ). (c) Alaska region annual lease sales Notwithstanding any other provision of law, beginning in fiscal year 2022, the Secretary shall conduct a minimum of 2 region-wide oil and natural gas lease sales annually in the Alaska Region of the outer Continental Shelf, as described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016). IV Alternative energy 401. Geothermal, solar, and wind leasing priority areas (a) Designation of geothermal, solar, and wind leasing priority areas As soon as practicable, but not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall designate— (1) 1 or more priority areas on Federal land for geothermal energy leasing; (2) 1 or more priority areas on Federal land for solar energy leasing; and (3) 1 or more priority areas on Federal land for wind energy leasing. (b) Criteria for selection In determining whether Federal land should be designated as a priority area for geothermal, solar, or wind energy leasing under subsection (a), the Secretary, in consultation with the Secretary of Energy, shall consider whether— (1) production of geothermal, solar, or wind energy on the Federal land is economically viable, including whether the Federal land has access to existing methods of energy transmission; and (2) the designation would comply with section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ), including subsection (c)(9) of that section. (c) Timeline for leasing As soon as practicable, but not later than 1 year, after designating the priority areas under subsection (a), the Secretary shall conduct, as applicable, geothermal, solar, or wind lease sales for the priority areas. 402. Geothermal production on Federal lands The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. Categorical exclusion for geothermal exploration test projects (a) Requirement To provide notice Not later than 30 days before the date on which the holder of a lease issued under this Act intends to begin carrying out a project the leaseholder believes is a geothermal exploration test project, the leaseholder shall provide notice to the Secretary of the intent to carry out the geothermal exploration test project. (b) Review and determination Not later than 10 days after receipt of a notice of intent from a leaseholder under subsection (a), the Secretary shall, with respect to the project described in the notice of intent— (1) (A) determine whether the project is a geothermal exploration test project; and (B) if so, determine whether the geothermal exploration test project qualifies for a categorical exclusion in accordance with subsection (c); and (2) notify the leaseholder of the determinations under paragraph (1). (c) Categorical exclusion Unless extraordinary circumstances exist, as determined by the Secretary, a project that the Secretary determines is a geothermal exploration test project under subsection (b)(1)(A) shall be categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (d) Opportunity To remedy If the Secretary determines under subsection (b)(1)(A) that a project is not a geothermal exploration test project or under subsection (b)(1)(B) that a geothermal exploration test project does not qualify for a categorical exclusion because extraordinary circumstances exist, the Secretary shall— (1) include in the notice under subsection (b)(2) clear and detailed findings on any deficiencies in the project that resulted in the determination; and (2) allow the leaseholder to remedy any such deficiencies and resubmit the notice of intent under subsection (a). . 403. Alternative energy and minerals with respect to territories of the United States Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (1) in subsection (a)— (A) by striking lying seaward and inserting the following: “lying— (1) seaward ; (B) in paragraph (1) (as so designated), by adding or after the semicolon at the end; and (C) by adding at the end the following: (2) within the exclusive economic zone of the United States adjacent to any territory or possession (other than an area conveyed by Congress to a territorial government for administration); ; (2) in subsection (p), by striking and after the semicolon at the end; (3) in subsection (q), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (r) The term State means— (1) each of the several States; and (2) each territory or possession; and (s) The term territory or possession means— (1) the Commonwealth of Puerto Rico; (2) Guam; (3) American Samoa; (4) the United States Virgin Islands; and (5) the Commonwealth of the Northern Mariana Islands. . 404. Hardrock mineral licensing The Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) is amended by adding at the end the following: 33. Hardrock mineral licensing (a) In general The Secretary may grant noncompetitive licenses for the exploration and mining of hardrock minerals on the outer Continental Shelf. (b) Royalty rate The royalty rate for hardrock minerals extracted pursuant to a license under subsection (a) shall be a royalty rate determined by the Secretary through regulations issued not more than 2 years after the date of enactment of the Energy Freedom Act , which may include a royalty rate of 0 percent if the Secretary finds that such a royalty rate is necessary to ensure competition. . V Stopping Executive overreach 501. Finding Congress finds that frequent change to major energy regulations have a detrimental effect on investment in, and development of, domestic energy production, which reduces competition and raises energy prices. 502. Navigable Waters Protection Rule (a) Reinstatement The final rule of the Corps of Engineers and the Environmental Protection Agency entitled The Navigable Waters Protection Rule: Definition of Waters of the United States (85 Fed. Reg. 22250 (April 21, 2020)) is hereby reinstated, and each of its provisions shall apply unless and until the effective date of a subsequent final rule promulgated, subject to subsection (b), under applicable authority that replaces or repeals that provision. (b) Modification prohibited The Secretary of the Army and the Administrator of the Environmental Protection Agency may not modify the final rule described in subsection (a) during the 15-year period that begins on the date of enactment of this Act. 503. Methane rule (a) Reinstatement Notwithstanding Public Law 117–23 (135 Stat. 295), the final rule of the Environmental Protection Agency entitled Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review (85 Fed. Reg. 57018 (September 14, 2020)) is hereby reinstated, and each of its provisions shall apply unless and until the effective date of a subsequent final rule promulgated, subject to subsection (b), under applicable authority that replaces or repeals that provision. (b) Modification prohibited The Administrator of the Environmental Protection Agency may not modify the final rule described in subsection (a) during the 15-year period that begins on the date of enactment of this Act. 504. ONRR 2020 Valuation Reform and Civil Penalty Rule (a) Reinstatement The final rule of the Office of Natural Resources Revenue of the Department of the Interior entitled ONRR 2020 Valuation Reform and Civil Penalty Rule (86 Fed. Reg. 4612 (January 15, 2021)) is hereby reinstated, and each of its provisions shall apply unless and until the effective date of a subsequent final rule promulgated, subject to subsection (b), under applicable authority that replaces or repeals that provision. (b) Modification prohibited The Secretary and the Director of the Office of Natural Resources Revenue may not modify the final rule described in subsection (a) during the 15-year period that begins on the date of enactment of this Act. 505. NEPA rule (a) Reinstatement The final rule of the Council on Environmental Quality entitled Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act (85 Fed. Reg. 43304 (July 16, 2020)) is hereby reinstated, and each of its provisions shall apply unless and until the effective date of a subsequent final rule promulgated, subject to subsection (b), under applicable authority that replaces or repeals that provision. (b) Updates to implementing regulations Not later than 60 days after the date of enactment of this Act, the Council on Environmental Quality shall revise the implementing regulations of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) under subchapter A of chapter V of title 40, Code of Federal Regulations (or successor regulations), in accordance with the final rule described in subsection (a). (c) Prohibition The Council on Environmental Quality may not modify the final rule described in subsection (a) during the 15-year period that begins on the date of enactment of this Act. 506. Nationwide permit 12 Notwithstanding any other provision of law, the Secretary of the Army may not modify nationwide permit 12, as described in the final rule of the Secretary of the Army entitled Reissuance and Modification of Nationwide Permits (86 Fed. Reg. 2744 (January 13, 2021)), during the 15-year period that begins on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3762is/xml/BILLS-117s3762is.xml |
117-s-3763 | II 117th CONGRESS 2d Session S. 3763 IN THE SENATE OF THE UNITED STATES March 3, 2022 Mr. Cruz (for himself, Mr. Barrasso , Mr. Johnson , Mr. Cotton , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To repeal the waiver and termination provisions of the Protecting Europe’s Energy Security Act of 2019.
1. Repeal of waiver and termination provisions of Protecting Europe’s Energy Security Act of 2019 Section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92 ; 22 U.S.C. 9526 note) is amended by striking subsections (f) and (h). | https://www.govinfo.gov/content/pkg/BILLS-117s3763is/xml/BILLS-117s3763is.xml |
117-s-3764 | II 117th CONGRESS 2d Session S. 3764 IN THE SENATE OF THE UNITED STATES March 7, 2022 Mr. Menendez (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize United States Government efforts to promote and protect internet freedom in countries where the freedom of information is under threat.
1. Short title This Act may be cited as the Internet Freedom and Operations (INFO) Act of 2022 . 2. Findings Congress finds the following: (1) More than 3,000,000,000 people use the internet around the world every day to access information. (2) Authoritarian and repressive governments routinely use internet access as a means of suppressing information sharing and communications between people, civil society organizations, and journalists. 3. Internet freedom (a) Statement of policy It is the policy of the United States to continue to preserve and expand the internet as an open, global space for freedom of expression and association. (b) Authorization of appropriations There are authorized to be appropriated for fiscal year 2023— (1) $75,000,000 to the Department of State and the United States Agency for International Development (referred to in this Act as USAID ) to continue efforts to promote internet freedom, including through the Bureau of Democracy, Human Rights, and Labor’s Internet Freedom program; and (2) $49,000,000 to the United States Agency for Global Media (referred to in this Act as USAGM ) and grantees for internet freedom and circumvention technologies. (c) Other funding sources In addition to the amounts appropriated pursuant to subsection (b), the efforts of the Department of State and USAID to promote internet freedom may be funded through— (1) the Economic Support Fund authorized under section 531 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2346 ); (2) the Development Assistance Fund authorized under section 653(a) of such Act ( 22 U.S.C. 2413(a) ); (3) amounts appropriated under the heading Assistance for Europe, Eurasia, and Central Asia in an appropriations Act; and (4) amounts appropriated for USAGM. 4. Circumvention technology (a) Defined term In this section, the term internet censorship circumvention tool means a software application or other tool that an individual can use to evade foreign government restrictions on internet access. (b) Authorization of funding (1) In general If the government of a foreign country restricts or closes off internet access to the residents of such country, or access to certain websites, the Secretary of State shall make available $2,500,000 from the Economic Support Fund on an expedited basis to vetted entities already engaged in internet freedom programs in such country if the Secretary determines that such use of funds is in the national interest. (2) Criteria Amounts may be made available under paragraph (1) within 7 days if— (A) the Secretary of State notifies the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives of such planned expenditure; and (B) such amounts are expended to provide bandwidth for private United States companies that received Federal funding during fiscal year 2021 to provide unrestricted internet access overseas. (c) Report Not later than 60 days after the date of the enactment of this Act, the Secretary of State and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. Such report shall describe— (1) as of the date of the report— (A) the full scope of Internet Freedom programs within the Department of State and USAID, including— (i) Department of State circumvention efforts; and (ii) USAID efforts to support internet infrastructure; (B) the capacity of internet censorship circumvention tools supported by the United States Government that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and (2) any new resources needed to provide the United States Government with greater capacity to provide and boost internet access— (A) to respond rapidly to internet shutdowns in closed societies; and (B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes. (d) Report Not later than 60 days after the date of the enactment of this Act, the USAGM Chief Executive Officer shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes— (1) as of the date of the report— (A) the full scope of Internet Freedom programs within USAGM, including— (i) the efforts of the Office of Internet Freedom; and (ii) the efforts of the Open Technology Fund; (B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clause (i) and (ii) of subparagraph (A), including access to surge funding; and (2) successful examples from the Office of Internet Freedom and Open Technology Fund involving— (A) responding rapidly to internet shutdowns in closed societies; and (B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes. | https://www.govinfo.gov/content/pkg/BILLS-117s3764is/xml/BILLS-117s3764is.xml |
117-s-3765 | II 117th CONGRESS 2d Session S. 3765 IN THE SENATE OF THE UNITED STATES March 7, 2022 Mrs. Shaheen (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide assistance to American fisheries participants to comply with Federal regulations to protect the endangered North Atlantic right whale by reducing the risk of incidental entanglement in fishing gear.
1. Short title This Act may be cited as the Stewarding Atlantic Fisheries Ecosystems by Supporting Economic Assistance and Sustainability Act of 2022 or the SAFE SEAS Act of 2022 . 2. Findings Congress finds the following: (1) The North Atlantic right whale is critically endangered, with estimates suggesting fewer than 350 remain, including fewer than 100 breeding females. (2) Harvesters in the North Atlantic have taken previous actions to protect whales, including by implementing weak links, replacing thousands of miles of floating ground line with whale-safe sinking line, and increasing the minimum number of traps per trawl to remove thousands of miles of vertical buoy lines. (3) Seventeen North Atlantic right whale mortalities were observed in 2017, including many determined to have been caused by vessel strikes and entanglements, leading to a declaration of a right whale Unusual Mortality Event. (4) The Department of Commerce has issued regulations revising the Atlantic Large Whale Take Reduction Plan under section 229.32 of title 50, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act) that require lobster and Jonah crab harvesters to make gear modifications. (5) Implementing the federally required gear modifications, including markings, is estimated to cost the industry tens of millions of dollars per year. (6) The fishing industry is a vital driver of regional economies, supporting our coastal communities and stewarding natural resources. 3. Grant assistance for lobster and Jonah crab harvester gear modification (a) Purposes The purposes of this section are to— (1) protect the highly endangered North Atlantic right whale population; (2) facilitate lobster and Jonah crab harvesters’ transition to modified and new gear types in accordance with the Atlantic Large Whale Take Reduction Plan; (3) assist lobster and Jonah crab harvesters with the financial burden of this transition; and (4) assist compliance with any subsequent modifications to the Atlantic Large Whale Take Reduction Plan in any future impacted fisheries. (b) Program authorized (1) In general The Secretary of Commerce (referred to in this section as the Secretary ), in coordination with the Atlantic States Marine Fisheries Commission, shall provide grants to States from allotments under paragraph (2) to enable the States to assist lobster and Jonah crab harvesters with the costs of gear modifications, including markings, in accordance with the Atlantic Large Whale Take Reduction Plan. (2) Allotments (A) In general Except as provided in subparagraph (B), funds made available for any fiscal year to carry out this section shall be allotted to each State in proportion to the number of active federally permitted lobster trap harvesters in each State. For purposes of this subparagraph, a federally permitted lobster trap harvester is considered in a State if the Principal Port in the Federal permit application of the lobster trap harvester is in such State. (B) Minimum From the total amount available for any fiscal year to carry out this section, each State with not less than 20 active federally permitted lobster trap harvesters shall be allotted not less than 4 percent of the total amount. (3) Application A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (4) Allowable uses A State that receives a grant under this section shall use the grant funds— (A) to assist State-permitted and federally permitted lobster and Jonah crab harvesters with management measures needed to comply with the Atlantic Large Whale Take Reduction Plan, including the costs of federally required gear modification, configuration, and marking within the Northeast lobster and Jonah crab fisheries, including requirements to modify gear marking, change gear configurations to increase traps fished on trawls, or modify buoy lines to accommodate new weak rope and weak insertions; (B) to implement electronic tracking requirements within the American lobster and Jonah crab fishery; (C) to conduct research to inform future management actions, including in preparation for potential subsequent modifications to the Atlantic Large Whale Take Reduction Plan; and (D) to assist fishery compliance with any subsequent modifications to the Atlantic Large Whale Take Reduction Plan, as necessary. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 and 2024. | https://www.govinfo.gov/content/pkg/BILLS-117s3765is/xml/BILLS-117s3765is.xml |
117-s-3766 | II 117th CONGRESS 2d Session S. 3766 IN THE SENATE OF THE UNITED STATES March 7, 2022 Mr. Brown (for himself, Mr. Portman , Ms. Stabenow , Mr. Peters , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To increase the benefits guaranteed in connection with certain pension plans, and for other purposes.
1. Short title This Act may be cited as the Susan Muffley Act of 2022 . 2. Guaranteed benefit calculation for certain plans (a) In general (1) Increase to full vested plan benefit (A) In general For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322 ) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. (B) No effect on previous determinations Nothing in this Act shall be construed to change the allocation of assets and recoveries under sections 4044(a) and 4022(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1344(a) ; 1322(c)) as previously determined by the Pension Benefit Guaranty Corporation (referred to in this section as the corporation ) for the covered plans specified in paragraph (4), and the corporation’s applicable rules, practices, and policies on benefits payable in terminated single-employer plans shall, except as otherwise provided in this section, continue to apply with respect to such covered plans. (2) Recalculation of certain benefits (A) In general In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. (B) Lump-sum payments of past-due benefits Not later than 180 days after the date of enactment of this Act, the corporation, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall make a lump-sum payment to each eligible participant or beneficiary whose guaranteed benefits are recalculated under subparagraph (A) in an amount equal to— (i) in the case of an eligible participant, the excess of— (I) the total of the full vested plan benefits of the participant for all months for which such guaranteed benefits were paid prior to such recalculation, over (II) the sum of any applicable payments made to the eligible participant; and (ii) in the case of an eligible beneficiary, the sum of— (I) the amount that would be determined under clause (i) with respect to the participant of which the eligible beneficiary is a beneficiary if such participant were still in pay status; plus (II) the excess of— (aa) the total of the full vested plan benefits of the eligible beneficiary for all months for which such guaranteed benefits were paid prior to such recalculation, over (bb) the sum of any applicable payments made to the eligible beneficiary. Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past-due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. (C) Eligible participants and beneficiaries (i) In general For purposes of this section, an eligible participant or beneficiary is a participant or beneficiary who— (I) as of the date of the enactment of this Act, is in pay status under a covered plan or is eligible for future payments under such plan; (II) has received or will receive applicable payments in connection with such plan (within the meaning of clause (ii)) that does not exceed the full vested plan benefits of such participant or beneficiary; and (III) is not covered by the 1999 agreements between General Motors and various unions providing a top-up benefit to certain hourly employees who were transferred from the General Motors Hourly-Rate Employees Pension Plan to the Delphi Hourly-Rate Employees Pension Plan. (ii) Applicable payments For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322(c) ) or otherwise received from the corporation in connection with the termination of the plan. (3) Definitions For purposes of this subsection— (A) Full vested plan benefit The term full vested plan benefit means the amount of monthly benefits that would be guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322 ) as of the date of plan termination with respect to an eligible participant or beneficiary if such section were applied without regard to the phase-in limit under subsection (b)(1) of such section and the maximum guaranteed benefit limitation under subsection (b)(3) of such section (including the accrued-at-normal limitation). (B) Normal benefit guarantee The term normal benefit guarantee means the amount of monthly benefits guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322 ) with respect to an eligible participant or beneficiary without regard to this Act. (4) Covered plans The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. (B) The Delphi Retirement Program for Salaried Employees. (C) The PHI Non-Bargaining Retirement Plan. (D) The ASEC Manufacturing Retirement Program. (E) The PHI Bargaining Retirement Plan. (F) The Delphi Mechatronic Systems Retirement Program. (5) Treatment of PBGC determinations Any determination made by the corporation under this section concerning a recalculation of benefits or lump-sum payment of past-due benefits shall be subject to administrative review by the corporation. Any new determination made by the corporation under this section shall be governed by the same administrative review process as any other benefit determination by the corporation. (b) Trust fund for payment of increased benefits (1) Establishment There is established in the Treasury a trust fund to be known as the Delphi Full Vested Plan Benefit Trust Fund (referred to in this subsection as the Fund ), consisting of such amounts as may be appropriated or credited to the Fund as provided in this section. (2) Funding There is appropriated, out of amounts in the Treasury not otherwise appropriated, such amounts as are necessary for the costs of payments of the portions of monthly benefits guaranteed to participants and beneficiaries pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payments. The Fund shall be credited with amounts from time to time as the Secretary of the Treasury, in coordination with the Director of the corporation, determines appropriate, out of amounts in the Treasury not otherwise appropriated. (3) Expenditures from Fund Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. (c) Regulations The corporation, in consultation with the Secretary of the Treasury and the Secretary of Labor, may issue such regulations as necessary to carry out this section. (d) Tax treatment of lump-Sum payments (1) In general Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer’s gross income ratably over the 3-taxable-year period beginning with the taxable year in which such payment is received. (2) Special rules related to death (A) In general If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year. (B) Special election for surviving spouses of eligible participants If— (i) a taxpayer with respect to whom paragraph (1) applies dies, (ii) such taxpayer is an eligible participant, (iii) the surviving spouse of such eligible participant is entitled to a survivor benefit from the corporation with respect to such eligible participant, and (iv) such surviving spouse elects (at such time and in such manner as the Secretary may provide) the application of this subparagraph, subparagraph (A) shall not apply and any amount which would have (but for such taxpayer’s death) been included in the gross income of such taxpayer under paragraph (1) for any taxable year beginning after the date of such death shall be included in the gross income of such surviving spouse for the taxable year of such surviving spouse ending with or within such taxable year of the taxpayer. | https://www.govinfo.gov/content/pkg/BILLS-117s3766is/xml/BILLS-117s3766is.xml |
117-s-3767 | II 117th CONGRESS 2d Session S. 3767 IN THE SENATE OF THE UNITED STATES March 7, 2022 Mr. Carper (for himself, Mr. Casey , Mr. Coons , Mr. Booker , Mr. Menendez , and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Water Infrastructure Improvements for the Nation Act to reauthorize Delaware River Basin conservation programs, and for other purposes.
1. Short title This Act may be cited as the Delaware River Basin Conservation Reauthorization Act of 2022 . 2. Delaware River Basin Conservation reauthorization (a) Cost sharing Section 3504(c)(1) of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 ; 130 Stat. 1775) is amended— (1) by striking The Federal share and inserting the following: (A) In general Except as provided in subparagraph (B), the Federal share ; and (2) by adding at the end the following: (B) Small, rural, and disadvantaged communities (i) In general Subject to clause (ii), the Federal share of the cost of a project funded under the grant program that serves a small, rural, or disadvantaged community shall be 90 percent of the total cost of the project, as determined by the Secretary. (ii) Waiver The Secretary may increase the Federal share under clause (i) to 100 percent of the total cost of the project if the Secretary determines that the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. . (b) Repeal of prohibition on use of funds for federal acquisition of interests in land Section 3506 of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 ; 130 Stat. 1775) is repealed. (c) Sunset Section 3507 of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 ; 130 Stat. 1775) is amended by striking 2023 and inserting 2030 . | https://www.govinfo.gov/content/pkg/BILLS-117s3767is/xml/BILLS-117s3767is.xml |
117-s-3768 | II 117th CONGRESS 2d Session S. 3768 IN THE SENATE OF THE UNITED STATES March 7, 2022 Mr. Thune (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Labor to implement the industry-recognized apprenticeship program process, and for other purposes.
1. Short title This Act may be cited as the Training America’s Workforce Act . 2. Industry-recognized apprenticeship programs The Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 63; 29 U.S.C. 50 et seq. ), is amended— (1) by redesignating section 4 as section 5; and (2) by adding at the end the following: 4. Industry-recognized apprenticeship programs (a) Definitions In this section: (1) Industry-recognized apprenticeship program The term industry-recognized apprenticeship program — (A) means a high-quality, competency-based apprenticeship program that is— (i) recognized by a standards recognition entity; and (ii) developed or delivered by an entity such as a trade or industry group, corporation, nonprofit organization, institution of higher education, labor organization, or labor-management organization (among other entities, as determined appropriate by the Secretary); and (B) may include a program that meets the requirements of subparagraph (A) and trains apprentices to perform construction activities. (2) Secretary The term Secretary means the Secretary of Labor. (3) Standards recognition entity The term standards recognition entity means a private sector or public sector entity that— (A) is recognized by the Secretary (acting through the Administrator of the Office of Apprenticeship of the Department of Labor) for purposes of recognizing apprenticeship programs as industry-recognized apprenticeship programs; (B) has a demonstrated ability to ensure an industry-recognized apprenticeship program meets the standards described in subsection (d); and (C) has the capacity to perform the oversight necessary to ensure the ongoing compliance of an industry-recognized apprenticeship program with such standards. (b) Recognition of industry-Recognized apprenticeship programs (1) In general By not later than 1 year after the date of enactment of the Training America’s Workforce Act , the Secretary, after consultation with private sector industry associations, institutions of higher education, State, local, and Tribal governmental agencies, and other stakeholders the Secretary determines appropriate, shall establish a process to recognize entities as standards recognition entities for purposes of recognizing industry-recognized apprenticeship programs under this Act. (2) Limited discretion The Secretary shall not deny recognition as a standards recognition entity to a private sector or public sector entity that meets the requirements of subparagraphs (B) and (C) of subsection (a)(3) and satisfactorily completes the process established under paragraph (1). (3) Administrative flexibility The Secretary shall ensure that the recognition process for standards recognition entities established under paragraph (1) is a flexible process with low administrative and reporting burdens for the standards recognition entities and industry-recognized apprenticeship programs. (c) Requirements The recognition process of standards recognition entities and the activities and procedures carried out by the standards recognition entities shall, to the maximum extent practicable and except as otherwise explicitly provided in this section, be consistent with the requirements, activities, and procedures under subpart B of part 29 of title 29, Code of Federal Regulations, as such subpart was in effect on May 11, 2020. (d) Standards Each standard recognition entity shall establish standards for the industry-recognized apprenticeship programs recognized by the entity that, at a minimum, ensure that each industry-recognized apprenticeship program— (1) includes— (A) paid work; (B) on-the-job learning; (C) a mentorship component; (D) education and classroom instruction; (E) a written training plan and apprenticeship agreement; and (F) safety and supervision components; and (2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential. (e) Rule of construction Nothing in this section shall be construed as affecting apprenticeship programs registered under this Act and recognized by the Secretary of Labor. . | https://www.govinfo.gov/content/pkg/BILLS-117s3768is/xml/BILLS-117s3768is.xml |
117-s-3769 | II 117th CONGRESS 2d Session S. 3769 IN THE SENATE OF THE UNITED STATES March 7, 2022 Mr. Reed (for himself, Ms. Collins , Mr. Coons , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes.
1. Short title This Act may be cited as the Weatherization Assistance Program Improvements Act of 2022 . 2. Weatherization Assistance Program (a) Weatherization Readiness Fund Section 414 of the Energy Conservation and Production Act ( 42 U.S.C. 6864 ) is amended by adding at the end the following: (d) Weatherization Readiness Fund (1) In general The Secretary shall establish a fund, to be known as the Weatherization Readiness Fund , from which the Secretary shall distribute funds to States receiving financial assistance under this part, in accordance with subsection (a). (2) Use of funds (A) In general A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. (B) Dwelling unit A dwelling unit referred to in subparagraph (A) is a dwelling unit occupied by a low-income person that, on inspection pursuant to the program under this part, was found to have significant defects or hazards that prevented the installation of weatherization measures under the program. (3) Authorization of appropriations In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2023 through 2027. . (b) State average cost per unit (1) In general Section 415(c) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c) ) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) in the first sentence, by striking $6,500 and inserting $12,000 ; and (II) by striking (c)(1) Except as provided in paragraphs (3) and (4) and inserting the following: (c) Financial assistance (1) In general Except as provided in paragraphs (3), (4), and (6) ; (ii) by conforming the margins of subparagraphs (A) through (D) to the margin of subparagraph (E); (iii) in subparagraph (D), by striking , and and inserting ; and ; and (iv) in subparagraph (E), by adding a period at the end; (B) in paragraph (2), in the first sentence, by striking weatherized (including dwelling units partially weatherized) and inserting fully weatherized ; (C) in paragraph (4), by striking $3,000 and inserting $6,000 ; (D) in paragraph (5)— (i) in subparagraph (A)(i), by striking (6)(A)(ii) and inserting (7)(A)(ii) ; and (ii) by striking (6)(A)(i)(I) each place it appears and inserting (7)(A)(i)(I) ; (E) by redesignating paragraph (6) as paragraph (7); and (F) by inserting after paragraph (5) the following: (6) Limit increase The Secretary may increase the amount of financial assistance provided per dwelling unit under this part beyond the limit specified in paragraph (1) if the Secretary determines that market conditions require such an increase to achieve the purposes of this part. . (2) Conforming amendment Section 414D(b)(1)(C) of the Energy Conservation and Production Act ( 42 U.S.C. 6864d(b)(1)(C) ) is amended by striking 415(c)(6)(A) and inserting 415(c)(7) . | https://www.govinfo.gov/content/pkg/BILLS-117s3769is/xml/BILLS-117s3769is.xml |
117-s-3770 | II 117th CONGRESS 2d Session S. 3770 IN THE SENATE OF THE UNITED STATES March 7, 2022 Mr. Lee (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To establish a point of order against legislation that would cause a net increase in outlays unless the Director of the Congressional Budget Office certifies that inflation is below 3 percent.
1. Short title This Act may be cited as the Preventing Runaway Inflation in Consumer Expenditures Act or the PRICE Act . 2. Point of order against legislation that would cause a net increase in outlays unless the Director of the Congressional Budget Office certifies that inflation is below 3 percent (a) Point of order It shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would cause a net increase in outlays relative to the most recently published Congressional Budget Office baseline unless the Director of the Congressional Budget Office certifies (based on the most recent data available to the Director) that inflation, as measured in either the average of the annualized changes in the 3 most recently published monthly reports on the consumer price index for all-urban consumers published by the Bureau of Labor Statistics of the Department of Labor, or the previous year’s unadjusted annual change in that index, is below 3 percent. (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3770is/xml/BILLS-117s3770is.xml |
117-s-3771 | II 117th CONGRESS 2d Session S. 3771 IN THE SENATE OF THE UNITED STATES March 7, 2022 Mr. Cornyn (for himself, Ms. Hassan , Mr. Hagerty , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation.
1. Short title This Act may be cited as the Stop Russian Government and Oligarchs from Limiting Democracy Act of 2022 or the Stop Russian GOLD Act of 2022 . 2. Prohibition on transactions with foreign persons that purchase or transact in Russian gold (a) In general Any transaction by a United States person with a foreign person described in subsection (b) is prohibited. (b) Foreign person described A foreign person is described in this subsection if the foreign person— (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction— (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance— (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basked assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. (d) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (e) Definitions In this section: (1) Foreign person The term foreign person means an individual or entity that is not a United States person. (2) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. | https://www.govinfo.gov/content/pkg/BILLS-117s3771is/xml/BILLS-117s3771is.xml |
117-s-3772 | II 117th CONGRESS 2d Session S. 3772 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mr. Tillis (for himself, Mr. Coons , Mr. Cotton , Ms. Hirono , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to limit foreign interference with respect to the right to file and maintain a patent infringement claim, and for other purposes.
1. Short title This Act may be cited as the Defending American Courts Act . 2. Limiting foreign interference (a) In general Chapter 28 of title 35, United States Code, is amended by adding at the end the following: 274. Foreign interference (a) Definition In this section, the term anti-suit injunction means an injunction issued by a foreign tribunal that purports to restrict the rights of a person to file or maintain— (1) a claim of infringement of any claim of a United States patent in a tribunal of the United States, including— (A) in a civil action arising in whole or in part under section 1338 of title 28; or (B) in a proceeding before the United States International Trade Commission pursuant to section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ); or (2) any appeal from a civil action or proceeding described in paragraph (1), including any appeal arising under paragraph (1) or (6) of section 1295(a) of title 28. (b) Civil action presumptions Upon a finding of infringement of a patent under section 271 in a civil action against any person that has asserted an anti-suit injunction in any tribunal of the United States seeking to restrict the claim of infringement of the patent on the basis of the anti-suit injunction, the court shall presume that— (1) the infringement is willful when determining whether to increase damages under section 284; and (2) the action is exceptional when determining whether to award attorney fees under section 285. (c) Patent trial and appeal board In determining whether to institute a review under chapter 31 or 32 with respect to a patent, the Director shall decline to institute such a review if the petitioner, real party in interest, or privy of the petitioner has asserted an anti-suit injunction in any tribunal of the United States seeking to restrict a claim for infringement of the patent on the basis of the anti-suit injunction. (d) Consent or prior agreement Neither subsection (b) nor (c) shall apply if— (1) the person subject to the applicable anti-suit injunction consents to be bound by the anti-suit injunction; or (2) the applicable anti-suit injunction was issued to enforce a contractual agreement between the parties to submit disputes concerning the patent that is the subject of the anti-suit injunction to resolution by a specified court or arbitral tribunal. . (b) Table of sections amendment The table of sections for chapter 28 of title 35, United States Code, is amended by inserting after the item relating to section 273 the following: 274. Foreign interference. . 3. Study on patents and anti-suit injunctions (a) Study required The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (referred to in this section as the Director ), in consultation with the head of any other appropriate agency, shall conduct a study that examines— (1) the importance of patents to the technological leadership of the United States in critical and emerging technologies, including by incentivizing research and development in innovation and standards development in the United States; and (2) the harms resulting from anti-suit injunctions, as that term is defined in section 274(a) of title 35, United States Code, as added by section 2 of this Act. (b) Report Not later than 1 year after the date of enactment of this Act, the Director shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the results of the study conducted under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3772is/xml/BILLS-117s3772is.xml |
117-s-3773 | II 117th CONGRESS 2d Session S. 3773 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Ms. Cantwell (for herself and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To authorize leases of up to 99 years for land held in trust for the Confederated Tribes of the Chehalis Reservation.
1. Confederated Tribes of the Chehalis Reservation leasing authority Subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(a) ), is amended, in the second sentence, by inserting , land held in trust for the Confederated Tribes of the Chehalis Reservation after Crow Tribe of Montana . | https://www.govinfo.gov/content/pkg/BILLS-117s3773is/xml/BILLS-117s3773is.xml |
117-s-3774 | II 117th CONGRESS 2d Session S. 3774 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Ms. Hirono (for herself, Mr. Blumenthal , Ms. Smith , Ms. Warren , Mr. Whitehouse , Mr. Markey , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Women and Climate Change Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Statement of policy. TITLE I—Strategies, Policies, and Programs Sec. 101. Federal Interagency Working Group on Women and Climate Change. Sec. 102. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally. TITLE II—Oversight and Accountability Sec. 201. Senior Coordinator for Women and Climate Change. Sec. 202. Briefing and report. 2. Findings Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. (2) The United Nations has recognized, as one of the central organizing principles for its work, that no enduring solution to society’s most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world’s women . (3) The United Nations Development Programme 2013 Human Development Report has found that the number of people living in extreme poverty could increase by up to 3,000,000,000 by 2050 unless environmental disasters are averted by coordinated global action. (4) Climate change is already forcing the most vulnerable communities and populations in developing countries to face unprecedented climate stress, including water scarcity and drought, as well as severe weather events and floods, which can lead to reduced agricultural productivity, food insecurity, and increased disease. (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. (6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family’s food and collecting water, fuel, and other resources. (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. (8) The direct and indirect effects of climate change have a disproportionate impact on marginalized women, such as environmental refugees and displaced persons, migrants, religious, racial, or ethnic minorities, adolescent girls, lesbian and trans women, women living in poverty, and women and girls with disabilities and those who are living with HIV. (9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. (10) Displaced, refugee, and stateless women and girls face extreme violence and threats, including— (A) being forced to exchange sex for food and humanitarian supplies; (B) being at increased risk of rape, sexual exploitation, and abuse; and (C) being at increased risk for HIV, sexually transmitted infections (STIs), unplanned pregnancy, and poor reproductive health. (11) It is predicted that climate change will lead to increasing frequency and intensity of extreme weather conditions, precipitating the occurrence of natural disasters around the globe. (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. (14) Despite having a unique capacity and knowledge to promote and provide for adaptation to climate change, women often have insufficient resources to undertake such adaptation. (15) Women are shown to have a multiplier effect because women use their income and resources, when given the necessary tools, to increase the well-being of their children and families, and thus play a critical role in reducing food insecurity, poverty, and socioeconomic effects of climate change. (16) Women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change, even though women are often in the best position to provide and consult on adaptive strategies. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Climate change The term climate change means a change of climate that is attributed directly or indirectly to— (A) human activity; and (B) altering the composition of the global atmosphere. (3) Developing country The term developing country means a country classified by the World Bank as having a low-income or lower-middle-income economy. (4) Disparate impact The term disparate impact refers to the historical and ongoing impacts of the pattern and practice of discrimination in employment, education, housing, banking, health, and nearly every other aspect of life in the economy, society, or culture that have an adverse impact on minorities, women, or other protected groups, regardless of whether such practices were motivated by discriminatory intent. (5) Environmental disasters The term environmental disasters means specific events caused by human activity that result in seriously negative effects on the environment. (6) Environmental refugees The term environmental refugees means people displaced because of environmental causes, notably land loss and degradation, and natural disasters, who have left their community or country of origin. (7) Extreme poverty The term extreme poverty means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. (8) Extreme weather The term extreme weather means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency The term Federal agency means any executive department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity The term food insecurity means a lack of consistent access to food. (11) Most vulnerable communities and populations The term most vulnerable communities and populations means communities and populations, including women, including lesbian and trans women and women living in poverty, impoverished communities, adolescent girls, people with disabilities, including women and girls with disabilities, indigenous peoples, refugees, displaced persons, migrants, religious, racial, or ethnic minorities, and individuals who are living with HIV, who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts. (12) Poverty The term poverty means an income level and living standard insufficient to meet basic needs. 4. Statement of policy It is the policy of the United States, in partnership with affected countries, donor country governments, international financial institutions, international nongovernmental organizations, multilateral organizations, and civil society groups, especially those led by women, to combat the leading causes of climate change, mitigate the effects of climate change on women and girls, and elevate the participation of women in policy, program, and community decision-making processes with respect to climate change, by— (1) establishing the Federal Interagency Working Group on Women and Climate Change, the mission of which is to prevent and respond to the effects of climate change on women globally; and (2) implementing a coordinated, integrated, evidence-based, and comprehensive strategy on women and climate change throughout United States policies in the future. I Strategies, Policies, and Programs 101. Federal Interagency Working Group on Women and Climate Change (a) Establishment There is established in the Department of State a Federal Interagency Working Group on Women and Climate Change (in this Act referred to as the Working Group ). (b) Chairperson The Senior Coordinator for Women and Climate Change designated pursuant to section 201 shall serve as the chairperson of the Working Group. (c) Membership (1) In general The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. (2) Agencies The agencies described in this paragraph are the following: (A) The Department of State, including— (i) the Office of Global Women’s Issues; (ii) the Office of Civil Rights; (iii) the Bureau of Oceans and International Environmental and Scientific Affairs; (iv) the Bureau of Population, Refugees, and Migration; (v) the Bureau of Democracy, Human Rights, and Labor; and (vi) the Bureau of International Organization Affairs. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (D) The Environmental Protection Agency. (E) The National Oceanic and Atmospheric Administration. (F) The National Institutes of Health. (G) The National Science Foundation. (H) The Council on Environmental Quality. (I) Such other agencies as may be designated by the Senior Coordinator for Women and Climate Change. (d) Functions The Working Group shall— (1) coordinate and integrate the development of all policies and activities of the Federal Government across all agencies relating to— (A) combating the effects of climate change on women in the national and international sphere; and (B) improving the response and strategy of the Federal Government to fight climate change for the security of the United States and the international community; (2) allow each member of the Working Group to act as a representative for the Working Group within the Federal agency of such member to facilitate implementation of the Working Group policies within such Federal agency; (3) ensure that all relevant Federal agencies comply with appropriate guidelines, policies, and directives from the Working Group, the Department of State, and other Federal agencies with responsibilities relating to climate change; (4) ensure that Federal agencies, State governments, and relevant congressional committees, in consultation with nongovernmental organizations and policy experts in the field and State and local government officials who administer or direct policy for programs relating to climate change and women— (A) have access to, receive, and appropriately disseminate best practices in the administration of such programs; (B) have adequate resources to maximize the public awareness of such programs; (C) increase the reach of such programs; (D) share relevant data; and (E) issue relevant guidance; and (5) identify and disseminate best practices for improved collection on the part of each Federal agency of data relevant to the disparate impact of climate change on women, including in— (A) unpaid care work; (B) community advocacy, activism, and representation; (C) women’s and girls’ access to education; (D) access to comprehensive health care, including reproductive health and rights; (E) desertification and food insecurity; (F) community infrastructure, multilevel Government adaptability, and climate resilience; (G) climate and weather-related crisis response, including safety from gender-based violence; and (H) women’s involvement and leadership in the development of frameworks and policies for climate resilience. (e) Consultation The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. (f) Frequency of meetings The Working Group shall— (1) meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and (2) meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs. 102. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally (a) Initial strategy required Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change designated pursuant to section 201 and the Ambassador-at-Large for the Office of Global Women’s Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (b) Contents The strategy submitted under subsection (a) shall include— (1) recognizing the disparate impacts of climate change on women and the efforts of women globally to address climate change; (2) taking effective action— (A) to prevent and respond to climate change and mitigate the effects of climate change on women around the world; and (B) to promote gender equality, economic growth, public health, racial justice, and human rights; (3) implementing the United Nations Sustainable Development Goals listed in subsection (e), through and beyond 2030, as part of the strategy to prevent and respond to the effects of climate change on women globally; (4) implementing balanced gender participation to avoid reinforcing binary roles, especially among individuals from the communities most impacted, in climate change adaptation and mitigation efforts, including in governance and diplomatic positions within the United States Government; (5) working at the local, national, and international levels, including with individuals, families, and communities, to prevent and respond to the effects of climate change on women; (6) systematically integrating and coordinating efforts to prevent and respond to the effects of climate change on women internationally into United States foreign policy and foreign assistance programs; (7) investing in research on climate change through appropriate Federal agencies and funding of university and independent research groups on the various causes and effects of climate change; (8) developing and implementing gender-sensitive frameworks in policies to address climate change that account for the specific impacts of climate change on women; (9) developing policies to support women who are particularly vulnerable to the impacts of climate change to prepare for, build their resilience to, and adapt to such impacts, including a commitment to increase education and training opportunities for women to develop local resilience plans to address the effects of climate change; (10) developing and investing in programs for the education and empowerment of women and girls in the United States and across the global community, including to gather information on how climate change is affecting their lives and for guidance on the needs of their families and communities in the face of climate change, in coordination with the diplomatic missions of other countries; (11) consulting with representatives of civil society, including nongovernmental organizations, community and faith-based organizations, multilateral organizations, local and international civil society groups, and local climate change organizations and their beneficiaries, that have demonstrated experience in preventing and responding to the effects of climate change on women; (12) supporting and building local capacity in developing countries, including with respect to governments at all levels and nongovernmental organizations (especially women-led), to prevent and respond to the effects of climate change on women; (13) developing programs to empower women in communities to have a voice in the planning, design, implementation, and evaluation of strategies to address climate change so that their roles and resources are taken into account; (14) including women in economic development planning, policies, and practices that directly improve conditions that result from climate change; (15) integrating a gender approach in all policies and programs in the United States that are globally related to climate change; and (16) ensuring that such policies and programs support women globally to prepare for, build resilience for, and adapt to, climate change. (c) Updates The Senior Coordinator for Women and Climate Change shall— (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. (d) Implementation plan and budget required Not later than 60 days after the date of the submittal of the strategy under subsection (a), the Senior Coordinator for Women and Climate Change shall submit to the appropriate congressional committees an implementation plan and budget for the strategy. (e) United Nations Sustainable Development Goals through and beyond 2030 The United Nations Sustainable Development Goals listed in this subsection are the following: (1) Ending poverty in all its forms everywhere. (2) Ending hunger, achieving food security and improved nutrition, and promoting sustainable agriculture. (3) Ensuring healthy lives and promoting well-being for all and at all ages. (4) Ensuring inclusive, equitable, and quality education and promoting lifelong learning opportunities for all. (5) Achieving gender equality and empowering all women and girls. (6) Ensuring the availability and sustainable management of water and sanitation for all. (7) Ensuring access to affordable, reliable, sustainable, and modern energy for all. (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. (9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. (10) Reducing inequality within and among countries. (11) Making cities and human settlements inclusive, safe, resilient, and sustainable. (12) Ensuring sustainable consumption and production patterns. (13) Taking urgent action to combat climate change and its impacts. (14) Conserving and sustainably using the oceans, seas, and marine resources for sustainable development. (15) Protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting and reversing land degradation and biodiversity loss. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. (17) Strengthening the means of policy implementation and revitalizing the global partnership for sustainable development. II Oversight and Accountability 201. Senior Coordinator for Women and Climate Change (a) Establishment The Ambassador-at-Large of the Office of Global Women’s Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. (b) Duties The Senior Coordinator for Women and Climate Change shall— (1) assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally; (2) direct the activities, policies, programs, and funding of the Department of State relating to the effects of climate change on women, including with respect to efforts to prevent and respond to those effects; (3) advise the Secretary of State, the relevant heads of other Federal departments and independent agencies, and other entities within the Executive Office of the President, regarding the establishment of— (A) policies, goals, objectives, and priorities for addressing and combating the effects of climate change on women; and (B) mechanisms to improve the effectiveness, coordination, impact, and outcomes of programs relating to addressing and combating the effects of climate change on women, in coordination with experts in the field, nongovernmental organizations, and foreign governments; and (4) identify and assist in the resolution of any disputes that arise between Federal agencies relating to policies and programs to address and combat the effects of climate change on women or other matters within the responsibility of the Office of Global Women’s Issues. (c) Reporting The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women’s Issues and the Secretary of State. 202. Briefing and report Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large of the Office of Global Women’s Issues of the Department of State and the Senior Coordinator for Women and Climate Change designated pursuant to section 201 shall jointly— (1) brief the appropriate congressional committees on— (A) the effects of climate change on women; and (B) the prevention and response strategies, programming, and associated outcomes with respect to climate change; and (2) submit to the appropriate congressional committees an assessment of the human and financial resources necessary to fulfill the purposes of and carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3774is/xml/BILLS-117s3774is.xml |
117-s-3775 | II 117th CONGRESS 2d Session S. 3775 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mr. Cornyn (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize the Secretary of Defense and the Secretary of State to enter into contracts with satellite-based companies to provide or propagate internet and mobile service in countries where the United States Government is engaged in, or providing support related to, contingency operations, and for other purposes.
1. Short title This Act may be cited as the Safely Accessing Telecommunications Act of 2022 . 2. Authority for Department of Defense to contract with satellite-based companies to provide internet and mobile service during contingency operations (a) In general (1) Department of Defense The Secretary of Defense may enter into contracts with satellite-based communication service providers to provide or propagate broadband internet access service and related telecommunications services and mobile service in countries where the United States Government is engaged in, or providing support related to, contingency operations, for purposes of providing military assistance. (2) Department of State The Secretary of State may enter into contracts with satellite-based companies to provide or propagate internet and mobile service in countries where the United States Government is engaged in, or providing support related to, contingency operations, for purposes of providing humanitarian assistance. (3) Ancillary services A contract authorized under this subsection may include both the provision of the service itself and the procurement and distribution of end-point infrastructure necessary for the operations of the service, including stations, modems, hubs for internet service, customer terminals, equipment required to access the broadband internet access service and related telecommunications services, and cellular devices. (b) Considerations In entering into a contract to provide or propagate internet or mobile service pursuant to subsection (a), the Secretary of Defense or the Secretary of State, as the case may be, shall consider the following factors: (1) The degree to which the use of such service will be in the national security interests of the United States or its allies. (2) The degree to which the use of such service will protect the health and safety of displaced persons due to the contingency operation. (3) Whether the use of such service or the capture thereof would negatively impact the security of the user or the United States. (4) Whether the service provider is capable of increasing the security of the service and the data transmitted via the service. (5) The degree to which such service may be controlled from outside the conflict zone to limit its use by enemy actors. (6) The costs and benefits of providing such service as compared to other forms of telecommunications assistance. (7) The speed, reliability, and geographic coverage with which a service provider may provide operational telecommunications services. (8) Whether the use of such service would enhance the capabilities of the allied government to provide essential services to its citizens in the conflict zone. (c) Compliance requirements (1) Department of Commerce Entity List Any company awarded a contract under subsection (a) shall be required to comply with the Entity List maintained by the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations. (2) List of covered communications equipment or services No covered communications equipment or service, as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 ), may be procured or distributed under a contract entered into by the Secretary of Defense or the Secretary of State under subsection (a). (d) Restrictions In entering into a contract to provide or propagate internet or mobile service pursuant to subsection (a), the Secretary of Defense or the Secretary of State, as the case may be, may not— (1) provide such service for a period longer than is necessary to prevent or prepare for an imminent armed conflict, respond to an active armed conflict, or recover from a recent armed conflict in which the United States has a strategic interest; or (2) compel a service provider to provide a service. (e) Cost reimbursement agreements The Secretary of Defense and the Secretary of State may enter into agreements with governments of threatened countries and countries supporting threatened countries to reimburse or offset the costs of providing services under contracts entered into pursuant to subsection (a). (f) Limitation The Secretary of Defense and the Secretary of State may not reimburse a company with which a contract has been entered into under subsection (a) for services provided before the start date indicated in the contract. (g) Consultation with agencies that regulate telecommunications The Secretary of Defense and the Secretary of State shall consult with the Federal Communications Commission and the Assistant Secretary of Commerce for Communications and Information on how to expedite the granting, by foreign governments, of licenses or other authorizations for the provision of internet service or mobile service under contracts entered into under subsection (a). (h) Rule of construction Nothing in this section supersedes or limits the authority of the President, the Secretary of Defense, or the Secretary of State under the Federal Acquisition Regulation. (i) Mobile service defined In this section, the term mobile service has the meaning given the term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3775is/xml/BILLS-117s3775is.xml |
117-s-3776 | II 117th CONGRESS 2d Session S. 3776 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mrs. Feinstein (for herself, Mr. Menendez , Mr. Blumenthal , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to make fraudulent dealings in firearms and ammunition unlawful, and for other purposes.
1. Short title This Act may be cited as the Stopping the Fraudulent Sales of Firearms Act . 2. Fraudulent dealings in firearms (a) In general Section 922(a) of title 18, United States Code, is amended— (1) in paragraph (9), by striking the period and at the end and inserting ; and ; and (2) by adding at the end the following: (10) for any person— (A) to import, manufacture, or sell a firearm or ammunition by means of false or fraudulent pretenses, representations, or promises; and (B) to transmit or cause to be transmitted, by means of wire, radio, or television communication in interstate or foreign commerce, any communication relating to the importation, manufacture, or sale described in subparagraph (A). . (b) Penalty Section 924(a)(1)(B) of title 18, United States Code, is amended by inserting (a)(10), before (f) . | https://www.govinfo.gov/content/pkg/BILLS-117s3776is/xml/BILLS-117s3776is.xml |
117-s-3777 | II 117th CONGRESS 2d Session S. 3777 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Ms. Klobuchar (for herself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide that it is unlawful to knowingly distribute private intimate visual depictions with reckless disregard for the individual’s lack of consent to the distribution, and for other purposes.
1. Short title This Act may be cited as the Stopping Harmful Image Exploitation and Limiting Distribution Act of 2022 or the SHIELD Act of 2022 . 2. Certain activities relating to intimate visual depictions (a) In general Chapter 88 of title 18, United States Code, is amended by adding at the end the following: 1802. Certain activities relating to intimate visual depictions (a) Definitions In this section: (1) Communications service The term communications service means— (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), insofar as the person is acting as a common carrier; (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Information content provider The term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction The term intimate visual depiction means any visual depiction (as that term is defined in section 2256(5))— (A) of an individual who is reasonably identifiable from the visual depiction itself or information displayed in connection with the visual depiction; (B) in which— (i) the individual has obtained 18 years of age and is engaging in sexually explicit conduct; or (ii) the naked genitals, anus, pubic area, or post-pubescent female nipple of the individual are visible; (C) in which the content described in subparagraph (B) is not simulated; and (D) in original or modified format. (4) Sexually explicit conduct The term sexually explicit conduct has the meaning given that term in section 2256(2)(A). (b) Offense Except as provided in subsection (d), it shall be unlawful to knowingly use any means or facility of interstate or foreign commerce to distribute an intimate visual depiction of an individual— (1) with knowledge of or reckless disregard for— (A) the lack of consent of the individual to the distribution; and (B) the reasonable expectation of the individual that the depiction would remain private; and (2) without an objectively reasonable belief that such distribution touches upon a matter of public concern. (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. (d) Exceptions (1) Law enforcement, lawful reporting, and other legal proceedings This section— (A) does not prohibit any lawful law enforcement, correctional, or intelligence activity; (B) shall not apply in the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal or professional or other lawful obligation; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers This section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, content that the provider of the communications service actually knows is in violation of this section. (e) Threats Any person who intentionally threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c). (f) Venue and extraterritoriality A prosecution under this section may be brought in a district where the defendant or the depicted individual resides or in a district where the intimate visual depictions are distributed or made available. There is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. . (b) Clerical amendment The table of sections of chapter 88 of title 18, United States Code, is amended by inserting after the item relating to section 1801 the following: 1802. Certain activities relating to intimate visual depictions. . | https://www.govinfo.gov/content/pkg/BILLS-117s3777is/xml/BILLS-117s3777is.xml |
117-s-3778 | II 117th CONGRESS 2d Session S. 3778 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mr. Menendez (for himself, Mr. Blumenthal , Mrs. Gillibrand , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XVIII and XIX of the Social Security Act to make premium and cost-sharing subsidies available to low-income Medicare part D beneficiaries who reside in Puerto Rico or another territory of the United States.
1. Short title This Act may be cited as the Territories Medicare Prescription Drug Assistance Equity Act of 2022 . 2. Eliminating exclusion of part D eligible individuals residing in territories from eligibility for premium and cost-sharing subsidies (a) In general Section 1860D–14(a)(3) of the Social Security Act ( 42 U.S.C. 1395w–114(a)(3) ) is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking subject to subparagraph (F), ; (2) in subparagraph (B)(v), in the matter preceding subclause (I), by striking Subject to subparagraph (F), the Secretary and inserting The Secretary ; (3) in subparagraph (C), by adding at the end the following new sentence: In the case of an individual who is not a resident of the 50 States or the District of Columbia, the poverty line (as such term is defined in clause (ii)) that shall apply to such individual shall be the poverty line for the 48 contiguous States and the District of Columbia. ; and (4) by striking subparagraph (F). (b) Application of Medicaid provisions Section 1935 of the Social Security Act ( 42 U.S.C. 1396u–5 ) is amended— (1) in subsection (a), by striking subject to subsection (e) in the matter preceding paragraph (1); and (2) by striking subsection (e). (c) Conforming amendment Section 1108(f) of the Social Security Act ( 42 U.S.C. 1308(f) ) is amended by striking and section 1935(e)(1)(B) in the matter preceding clause (i). (d) Effective date The amendments made by this section shall take effect on January 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s3778is/xml/BILLS-117s3778is.xml |
117-s-3779 | II 117th CONGRESS 2d Session S. 3779 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mr. Tester (for himself, Mr. Tillis , Mr. Brown , Mr. Toomey , Mr. Rounds , Mr. Reed , Mr. Hagerty , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a clear and uniform process, on a nationwide basis, for replacing the London interbank offered rate in existing contracts, and for other purposes.
1. Short title This Act may be cited as the Adjustable Interest Rate (LIBOR) Act . 2. Findings and purpose (a) Findings Congress finds that— (1) LIBOR is used as a benchmark rate in more than $200,000,000,000,000 worth of contracts worldwide; (2) a significant number of existing contracts that reference LIBOR do not provide for the use of a clearly defined or practicable replacement benchmark rate when LIBOR is discontinued; and (3) the cessation or nonrepresentativeness of LIBOR could result in disruptive litigation related to existing contracts that do not provide for the use of a clearly defined or practicable replacement benchmark rate. (b) Purpose It is the purpose of this Act— (1) to establish a clear and uniform process, on a nationwide basis, for replacing LIBOR in existing contracts the terms of which do not provide for the use of a clearly defined or practicable replacement benchmark rate, without affecting the ability of parties to use any appropriate benchmark rate in new contracts; (2) to preclude litigation related to existing contracts the terms of which do not provide for the use of a clearly defined or practicable replacement benchmark rate; (3) to allow existing contracts that reference LIBOR but provide for the use of a clearly defined and practicable replacement rate, to operate according to their terms; and (4) to address LIBOR references in Federal law. 3. Definitions In this Act: (1) Benchmark The term benchmark means an index of interest rates or dividend rates that is used, in whole or in part, as the basis of or as a reference for calculating or determining any valuation, payment, or other measurement. (2) Benchmark administrator The term benchmark administrator means a person that publishes a benchmark for use by third parties. (3) Benchmark replacement The term benchmark replacement means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of LIBOR), to replace LIBOR or any interest rate or dividend rate based on LIBOR, whether on a temporary, permanent, or indefinite basis, under or with respect to a LIBOR contract. (4) Benchmark replacement conforming changes The term benchmark replacement conforming changes means any technical, administrative, or operational changes, alterations, or modifications that— (A) the Board determines, in its discretion, would address 1 or more issues affecting the implementation, administration, and calculation of the Board-selected benchmark replacement in LIBOR contracts; or (B) solely with respect to a LIBOR contract that is not a consumer loan, in the reasonable judgment of a calculating person, are otherwise necessary or appropriate to permit the implementation, administration, and calculation of the Board-selected benchmark replacement under or with respect to a LIBOR contract after giving due consideration to any benchmark replacement conforming changes under subparagraph (A). (5) Board The term Board means the Board of Governors of the Federal Reserve System. (6) Board-selected benchmark replacement The term Board-selected benchmark replacement means a benchmark replacement identified by the Board that is based on SOFR, including any tenor spread adjustment pursuant to section 4(e). (7) Calculating person The term calculating person means, with respect to any LIBOR contract, any person, including the determining person, responsible for calculating or determining any valuation, payment, or other measurement based on a benchmark. (8) Consumer; credit The terms consumer and credit have the meanings given the terms in section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 ). (9) Consumer loan The term consumer loan means a consumer credit transaction. (10) Determining person The term determining person means, with respect to any LIBOR contract, any person with the authority, right, or obligation, including on a temporary basis (as identified by the LIBOR contract or by the governing law of the LIBOR contract, as appropriate) to determine a benchmark replacement. (11) Fallback provisions The term fallback provisions means terms in a LIBOR contract for determining a benchmark replacement, including any terms relating to the date on which the benchmark replacement becomes effective. (12) IBOR The term IBOR means LIBOR, any tenor of non-U.S. dollar currency rates formerly known as the London interbank offered rate as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof), and any other interbank offered rates that are expected to cease. (13) IBOR benchmark replacement The term IBOR benchmark replacement means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of an IBOR), to replace an IBOR or any interest rate or dividend rate based on an IBOR, whether on a temporary, permanent, or indefinite basis, under or with respect to an IBOR contract. (14) IBOR contract The term IBOR contract means any contract, agreement, indenture, organizational document, guarantee, mortgage, deed of trust, lease, security (whether representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument, or other obligation or asset that, by its terms, continues in any way to use an IBOR as a benchmark. (15) LIBOR The term LIBOR — (A) means the overnight and 1-, 3-, 6-, and 12-month tenors of U.S. dollar LIBOR (formerly known as the London interbank offered rate) as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof); and (B) does not include the 1-week or 2-month tenors of U.S. dollar LIBOR. (16) LIBOR contract The term LIBOR contract means any contract, agreement, indenture, organizational document, guarantee, mortgage, deed of trust, lease, security (whether representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument, or other obligation or asset that, by its terms, uses LIBOR as a benchmark. (17) LIBOR Replacement Date The term LIBOR replacement date means the first London banking day after June 30, 2023, unless the Board determines that any LIBOR tenor will cease to be published or cease to be representative on a different date. (18) Security The term security has the meaning given the term in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ). (19) SOFR The term SOFR means the Secured Overnight Financing Rate published by the Federal Reserve Bank of New York (or a successor administrator). (20) Tenor spread adjustment The term tenor spread adjustment means— (A) 0.00644 percent for overnight LIBOR; (B) 0.11448 percent for 1-month LIBOR; (C) 0.26161 percent for 3-month LIBOR; (D) 0.42826 percent for 6-month LIBOR; and (E) 0.71513 percent for 12-month LIBOR. 4. Libor contracts (a) In general On the LIBOR replacement date, the Board-selected benchmark replacement shall be the benchmark replacement for any LIBOR contract that, after giving any effect to subsection (b)— (1) contains no fallback provisions; or (2) contains fallback provisions that identify neither— (A) a specific benchmark replacement; nor (B) a determining person. (b) Fallback provisions On the LIBOR replacement date, any reference in the fallback provisions of a LIBOR contract to— (1) a benchmark replacement that is based in any way on any LIBOR value, except to account for the difference between LIBOR and the benchmark replacement; or (2) a requirement that a person (other than a benchmark administrator) conduct a poll, survey, or inquiries for quotes or information concerning interbank lending or deposit rates; shall be disregarded as if not included in the fallback provisions of such LIBOR contract and shall be deemed null and void and without any force or effect. (c) Authority of determining person (1) In general Subject to subsection (f)(2), a determining person may select the Board-selected benchmark replacement as the benchmark replacement. (2) Selection Any selection by a determining person of the Board-selected benchmark replacement pursuant to paragraph (1) shall be— (A) irrevocable; (B) made by the earlier of the LIBOR replacement date and the latest date for selecting a benchmark replacement according to the terms of the LIBOR contract; and (C) used in any determinations of the benchmark under or with respect to the LIBOR contract occurring on and after the LIBOR replacement date. (3) No selection If a determining person does not select a benchmark replacement by the date specified in paragraph (2)(B), the Board-selected benchmark replacement, on and after the LIBOR replacement date, shall be the benchmark replacement for the LIBOR contract. (d) Conforming changes (1) In general If the Board-selected benchmark replacement becomes the benchmark replacement for a LIBOR contract pursuant to subsection (a) or (c), all benchmark replacement conforming changes shall become an integral part of the LIBOR contract. (2) No consent required A calculating person shall not be required to obtain consent from any other person prior to the adoption of benchmark replacement conforming changes. (e) Adjustment by Board (1) In general Except as provided in paragraph (2), on the LIBOR replacement date, the Board shall adjust the Board-selected benchmark replacement for each category of LIBOR contract that the Board may identify to include the relevant tenor spread adjustment. (2) Consumer loans For LIBOR contracts that are consumer loans, the Board shall adjust the Board-selected benchmark replacement as follows: (A) During the 1-year period beginning on the LIBOR replacement date, incorporate an amount, to be determined for any business day during that period, that transitions linearly from the difference between the Board-selected benchmark replacement and the corresponding LIBOR tenor determined as of the day immediately before the LIBOR replacement date to the relevant tenor spread adjustment. (B) On and after the date that is 1 year after the LIBOR replacement date, incorporate the relevant tenor spread adjustment. (f) Rule of construction Nothing in this Act may be construed to alter or impair— (1) any written agreement specifying that a LIBOR contract shall not be subject to this Act; (2) except as provided in subsection (b), any LIBOR contract that contains fallback provisions that identify a benchmark replacement that is not based in any way on any LIBOR value (including the prime rate or the effective Federal funds rate); (3) except as provided in subsection (b) or (c)(3), any LIBOR contract subject to subsection (c)(1) as to which a determining person does not elect to use a Board-selected benchmark replacement pursuant to that subsection; (4) the application to a Board-selected benchmark replacement of any cap, floor, modifier, or spread adjustment to which LIBOR had been subject pursuant to the terms of a LIBOR contract; (5) any provision of Federal consumer financial law that— (A) requires creditors to notify borrowers regarding a change-in-terms; or (B) governs the reevaluation of rate increases on credit card accounts under open-ended (not home-secured) consumer credit plans; or (6) except as provided in section 5(c), the rights or obligations of any person, or the authorities of any agency, under Federal consumer financial law, as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). 5. Continuity of contract and safe harbor (a) In general A Board-selected benchmark replacement and the selection or use of a Board-selected benchmark replacement as a benchmark replacement under or with respect to a LIBOR contract, and any benchmark replacement conforming changes, shall constitute— (1) a commercially reasonable replacement for and a commercially substantial equivalent to LIBOR; (2) a reasonable, comparable, or analogous rate, index, or term for LIBOR; (3) a replacement that is based on a methodology or information that is similar or comparable to LIBOR; (4) substantial performance by any person of any right or obligation relating to or based on LIBOR; and (5) a replacement that has historical fluctuations that are substantially similar to those of LIBOR for purposes of the Truth in Lending Act ( 15 U.S.C. 1601 note) and regulations promulgated under that Act. (b) No impairment Neither the selection or use of a Board-selected benchmark replacement as a benchmark replacement nor the determination, implementation, or performance of benchmark replacement conforming changes under section 4 may— (1) be deemed to impair or affect the right of any person to receive a payment, or to affect the amount or timing of such payment, under any LIBOR contract; or (2) have the effect of— (A) discharging or excusing performance under any LIBOR contract for any reason, claim, or defense (including any force majeure or other provision in any LIBOR contract); (B) giving any person the right to unilaterally terminate or suspend performance under any LIBOR contract; (C) constituting a breach of any LIBOR contract; or (D) voiding or nullifying any LIBOR contract. (c) Safe harbor No person shall be subject to any claim or cause of action in law or equity or request for equitable relief, or have liability for damages, arising out of— (1) the selection or use of a Board-selected benchmark replacement, (2) the implementation of benchmark replacement conforming changes, or (3) with respect to a LIBOR contract that is not a consumer loan, the determination of benchmark replacement conforming changes, in each case after giving effect to the provisions of section 4; provided, however, that in each case any person (including a calculating person) shall remain subject to the terms of a LIBOR contract that are not affected by this Act and any existing legal, regulatory, or contractual obligations to correct servicing or other ministerial errors under or with respect to a LIBOR contract. (d) Selection The selection or use of a Board-selected benchmark replacement or the determination, implementation, or performance of benchmark replacement conforming changes under section 4 shall not be deemed to— (1) be an amendment or modification of any LIBOR contract; or (2) prejudice, impair, or affect the rights, interests, or obligations of any person under or with respect to any LIBOR contract. (e) No negative inference Except as provided in subsection (a), (b), or (c)(1) of section 4, nothing in this Act may be construed to create any negative inference or negative presumption regarding the validity or enforceability of— (1) any benchmark replacement (including any method for calculating, determining, or implementing an adjustment to the benchmark replacement to account for any historical differences between LIBOR and the benchmark replacement) that is not a Board-selected benchmark replacement; or (2) any changes, alterations, or modifications to or with respect to a LIBOR contract that are not benchmark replacement conforming changes. 6. Benchmark for loans (a) Definitions In this section: (1) Bank The term bank means an institution subject to examination by a Federal financial institutions regulatory agency. (2) Covered action The term covered action means— (A) the initiation by a Federal supervisory agency of an enforcement action, including the issuance of a cease-and-desist order; or (B) the issuance by a Federal supervisory agency of a matter requiring attention, a matter requiring immediate attention; or a matter requiring board attention resulting from a supervisory activity conducted by the Federal supervisory agency. (3) Federal financial institutions regulatory agency The term Federal financial institutions regulatory agencies has the meaning given the term in section 1003 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3302 ). (4) Federal supervisory agency The term Federal supervisory agency means an agency listed in subparagraphs (A) through (H) of section 1101(7) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401(7) ). (5) Non-IBOR loan The term non-IBOR loan means any loan that, by its terms, does not use in any way LIBOR, any tenor of non-U.S. dollar currency rates formerly known as the London interbank offered rate as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof), and any other interbank offered rates that are expected to cease, as a benchmark. (b) Benchmarks used by banks With respect to a benchmark used by a bank— (1) the bank, in any non-IBOR loan made before, on, or after the date of enactment of this Act, may use any benchmark, including a benchmark that is not SOFR, that the bank determines to be appropriate for the funding model of the bank; the needs of the customers of the bank; and the products, risk profile, risk management capabilities, and operational capabilities of the bank; provided, however, that the use of any benchmark shall remain subject to the terms of the non-IBOR loan, and applicable law; and (2) no Federal supervisory agency may take any covered action against the bank solely because that benchmark is not SOFR. 7. Preemption This Act, and regulations promulgated under this Act, shall supersede any provision of any State or local law, statute, rule, regulation, or standard— (1) relating to the selection or use of a benchmark replacement or related conforming changes; or (2) expressly limiting the manner of calculating interest, including the compounding of interest, as that provision applies to the selection or use of a Board-selected benchmark replacement or benchmark replacement conforming changes. 8. Trust Indenture Act of 1939 Section 316(b) of the Trust Indenture Act of 1939 ( 15 U.S.C. 77ppp(b) ) is amended— (1) by striking , except as and inserting “, except— (1) as ; (2) in paragraph (1), as so designated, by striking (a), and except that and inserting “(a); (2) that ; (3) in paragraph (2), as so designated, by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (3) that the right of any holder of any indenture security to receive payment of the principal of and interest on such indenture security shall not be deemed to be impaired or affected by any change occurring by the application of section 4 of the Adjustable Interest Rate (LIBOR) Act to any indenture security. . 9. Amendment to the Higher Education Act of 1965 Section 438(b)(2)(I) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–1(b)(2)(I) ) is amended by adding at the end the following: (viii) Revised calculation rule to address instances where 1-month USD LIBOR ceases or is non-representative (I) Substitute reference index The provisions of this clause apply to loans for which the special allowance payment would otherwise be calculated pursuant to clause (vii). (II) Calculation based on SOFR For loans described in subclause (III) or (IV), the special allowance payment described in this subclause shall be substituted for the payment provided under clause (vii). For each calendar quarter, the formula for computing the special allowance that would otherwise apply under clause (vii) shall be revised by substituting of the quotes of the 30-day Average Secured Overnight Financing Rate (SOFR) in effect for each of the days in such quarter as published by the Federal Reserve Bank of New York (or a successor administrator), adjusted daily by adding the tenor spread adjustment, as that term is defined in the Adjustable Interest Rate (LIBOR) Act , for 1-month LIBOR contracts of 0.11448 percent for of the 1-month London Inter Bank Offered Rate (LIBOR) for United States dollars in effect for each of the days in such quarter as compiled and released by the British Bankers Association . The special allowance calculation for loans subject to clause (vii) shall otherwise remain in effect. (III) Loans eligible for SOFR-based calculation Except as provided in subclause (IV), the special allowance payment calculated under subclause (II) shall apply to all loans for which the holder (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) at any time after the effective date of this clause notifies the Secretary that the holder or beneficial owner affirmatively and permanently elects to waive all contractual, statutory, or other legal rights to a special allowance paid under clause (vii) or to the special allowance paid pursuant to any other formula that was previously in effect with respect to such loan, and accepts the rate described in subclause (II). Any such waiver shall apply to all loans then held, or to be held from time to time, by such holder or beneficial owner; provided that, due to the need to obtain the approval of, demonstrated to the satisfaction of the Secretary— (aa) one or more third parties with a legal or beneficial interest in loans eligible for the SOFR-based calculation; or (bb) a nationally recognized rating organization assigning a rating to a financing secured by loans otherwise eligible for the SOFR-based calculation, the holder of the loan (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) may elect to apply the rate described in subclause (II) to specified loan portfolios established for financing purposes by separate notices with different effective dates. The special allowance rate based on SOFR shall be effective with respect to a portfolio as of the first day of the calendar quarter following the applicable effective date of the waiver received by the Secretary from the holder or beneficial owner and shall permanently and irrevocably continue for all subsequent quarters. (IV) Fallback provisions (aa) In the event that a holder or beneficial owner has not elected to waive its rights to a special allowance payment under clause (vii) with respect to a portfolio with an effective date of the waiver prior to the first of— (AA) the date on which the ICE Benchmark Administration ( IBA ) has permanently or indefinitely stopped providing the 1-month United States Dollar LIBOR ( 1-month USD LIBOR ) to the general public; (BB) the effective date of an official public statement by the IBA or its regulator that the 1-month USD LIBOR is no longer reliable or no longer representative; or (CC) the LIBOR replacement date, as defined in section 3 of the Adjustable Interest Rate (LIBOR) Act , the special allowance rate calculation as described in subclause (II) shall, by operation of law, apply to all loans in such portfolio. (bb) In such event— (AA) the last determined rate of special allowance based on 1-month USD LIBOR will continue to apply until the end of the then current calendar quarter; and (BB) the special allowance rate calculation as described in subclause (II) shall become effective as of the first day of the following calendar quarter and remain in effect for all subsequent calendar quarters. . 10. Rulemaking Not later than 180 days after the date of enactment of this Act, the Board shall promulgate regulations to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3779is/xml/BILLS-117s3779is.xml |
117-s-3780 | II 117th CONGRESS 2d Session S. 3780 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Ms. Ernst (for herself, Mr. Grassley , Mrs. Blackburn , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide security assistance for Ukraine, and for other purposes.
1. Security assistance for Ukraine (a) Authority (1) In general Subject to subsections (b) and (c), the Secretary of Defense, in consultation with the Secretary of State, may, as necessary to assist Ukraine or a member country of the North Atlantic Treaty Organization in the defense of its territorial integrity— (A) transfer to the military and security forces of Ukraine, or of a member country of the North Atlantic Treaty Organization, defense articles, defense services, equipment, and other defense support capabilities that have been authorized, procured, and contracted by, and are available to, the Department of Defense; and (B) provide other security assistance to the military and security forces of Ukraine or of a member country of the North Atlantic Treaty Organization. (2) Defense support capabilities The defense support capabilities referred to in paragraph (1) include the following: (A) Defensive lethal assistance, including military aircraft, vehicles, weapons, and ammunition. (B) Intelligence, operational, logistical, planning, communications, and other sustainment capabilities. (b) Limitations (1) Determination The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States. (2) Certain withdrawals The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group. (c) Notice to Congress (1) In general Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following: (A) A detailed description of the transfer to be made or the assistance to be provided, including— (i) the budget for such transfer or assistance; and (ii) the expected or estimated timeline for delivery of such transfer or assistance. (B) Such other matters as the Secretary of Defense considers appropriate. (2) Exemption Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made. (3) Appropriate committees of Congress In this subsection, the term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (d) Termination The authority in subsection (a) shall terminate on December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s3780is/xml/BILLS-117s3780is.xml |
117-s-3781 | II 117th CONGRESS 2d Session S. 3781 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Ms. Duckworth (for herself, Ms. Murkowski , Ms. Klobuchar , Mrs. Gillibrand , Mr. Durbin , Mr. Booker , Mrs. Feinstein , Ms. Rosen , Ms. Warren , Mr. Blumenthal , Mrs. Murray , Mr. Padilla , Mr. Warnock , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to exclude a basic allowance for housing from income for purposes of eligibility for the supplemental nutrition assistance program.
1. Exclusion of basic allowance for housing from income Section 5(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d) ) is amended— (1) in paragraph (18), by striking and at the end; (2) in paragraph (19)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (20) a basic allowance for housing paid to a member of a uniformed service under section 403 of title 37, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-117s3781is/xml/BILLS-117s3781is.xml |
117-s-3782 | II 117th CONGRESS 2d Session S. 3782 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Ms. Hassan (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the delivery of opioids by means of the dark web, and for other purposes.
1. Short title This Act may be cited as the Dark Web Interdiction Act of 2022 . 2. Findings and sense of Congress (a) Findings Congress finds the following: (1) The dark web is made up of websites and other network services that leverage overlay networks providing anonymity. These overlay networks use the internet but require specific software and configurations to access. The overlay networks use multiple encrypted traffic relays for which an individual relay computer knows its source of information and where the individual computer is sending the information but never knows both the original source and ultimate destination of the traffic simultaneously. This anonymity has provided criminals with the ability to host illicit material in a way that circumvents the ability of law enforcement agencies to serve legal process to remove or effectively investigate websites offering illegal content or goods for purchase or sharing. (2) Dark web marketplaces include e-commerce websites based on the dark web on which individuals use virtual currencies to engage in transactions involving drugs, weapons, malware, counterfeit currency, stolen credit cards, personal identifying information, forged documents, unlicensed pharmaceuticals, and other illicit goods. (3) Due to the anonymity provided by the dark web, illicit activities can be hosted from anywhere in the world without accountability to— (A) the Federal Government; (B) Federal laws; or (C) any other government or system of laws. (4) The use of the dark web to distribute illegal drugs has contributed and continues to contribute to the substance abuse crisis that is devastating communities across the United States. This devastation is due in large part to the fact that the dark web has made illicit goods obtainable anonymously. (5) Law enforcement agencies at every level of government continue to investigate drug trafficking and the sale of illegal goods and services through the dark web that occurs as a result of interactions on the dark web, both within the United States and at the international border of the United States, but the increased anonymity the internet provides has made it more difficult to identify and prosecute the individuals and organizations who— (A) administer or otherwise operate websites on the dark web that facilitate the distribution of illegal drugs, goods, or services; or (B) buy and sell illegal drugs, goods, or services through illicit marketplaces hosted on the dark web. (6) Despite difficulties in identifying and locating individuals and organizations who engage in drug trafficking on the dark web, law enforcement agencies have been effective in investigating and prosecuting the distribution of illegal drugs through illicit marketplaces on the dark web, as evidenced by Operation DisrupTor, which— (A) was announced in September 2020; (B) resulted in— (i) 179 arrests worldwide, including 121 arrests in the United States; (ii) the seizure of approximately 500 kilograms of drugs worldwide, including 274 kilograms of drugs in the United States; and (iii) the seizure of more than $6,500,000 worth of virtual currencies and cash; and (C) is an example of one of many cases conducted jointly by— (i) the Federal Bureau of Investigation; (ii) the Drug Enforcement Administration; (iii) Immigration and Customs Enforcement; (iv) Homeland Security Investigations; (v) United States Customs and Border Protection; (vi) the United States Postal Inspection Service; (vii) the Financial Crimes Enforcement Network; (viii) the Bureau of Alcohol, Tobacco, Firearms and Explosives; (ix) the Naval Criminal Investigative Service; (x) the Department of Justice; (xi) the Department of Defense; and (xii) additional local, State, and international law enforcement partners. (7) Although law enforcement agencies have succeeded in investigating the distribution and sale of illegal drugs, goods, and services that occurs as a result of interactions on the dark web, investigative and prosecutorial collaboration, innovation, and advancement are critical to— (A) increasing the capacity to combat the threat posed by the dark web and the illicit marketplaces hosted on the dark web; and (B) enhancing collaboration and coordination among Federal, State, Tribal, local, international and other law enforcement partners, as appropriate. (b) Sense of congress It is the sense of Congress that— (1) the dark web and illicit marketplaces hosted on the dark web facilitate the distribution of illegal drugs and pose a unique threat to the public health and national security in the United States; and (2) Congress should— (A) support law enforcement agencies and prosecutors at the Federal, State, Tribal, local, and international levels in their efforts to investigate and prosecute the distribution of illegal drugs, goods, and services through the dark web; and (B) increase the investigative and prosecutorial tools available to law enforcement agencies and prosecutors to address the distribution of illegal drugs, goods, and services through the dark web. 3. Definitions In this Act: (1) Dark web The term dark web has the meaning given the term in subsection (i) of section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ), as added by section 4 of this Act. (2) Director The term Director means the Director of the task force. (3) Illicit marketplace The term illicit marketplace means a website on the dark web on which individuals can use virtual currency to engage in transactions involving drugs, weapons, malware, counterfeit currency, stolen credit cards, personal identifying information, forged documents, or other illicit goods. (4) Indian tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Opioid The term opioid has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (6) Task force The term task force means the Joint Criminal Opioid and Darknet Enforcement Task Force established under section 5(a)(1). 4. Offenses involving the dark web Section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ) is amended by adding at the end the following: (i) Offenses involving dispensing of controlled substances by means of the dark web (1) Definition of dark web In this subsection, the term dark web means a portion of the internet in which there are hidden sites and services that— (A) are not indexed by an internet search engine; and (B) are only accessible to users of specific devices, software, routing and anonymizing services, authorizations, or configurations that conceal the identities and locations of users. (2) Offense It shall be unlawful for any person to knowingly or intentionally— (A) deliver, distribute, or dispense a controlled substance by means of the dark web, except as authorized by this title; or (B) aid or abet (as such terms are used in section 2, title 18, United States Code) any activity described in subparagraph (A) that is not authorized by this title. (3) Penalty Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines and policy statements to provide for a 2-level increase above the sentence otherwise applicable for a violation of paragraph (2). . 5. Joint criminal opioid and darknet enforcement task force (a) Establishment (1) In general There is established in the Federal Bureau of Investigation an interagency program that shall be known as the Joint Criminal Opioid and Darknet Enforcement Task Force. (2) Director The task force shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Purpose The purpose of the task force shall be to detect, disrupt, and dismantle illicit marketplaces. (c) Components (1) Representatives The task force shall include representatives from— (A) the Federal Bureau of Investigation; (B) the Drug Enforcement Administration; (C) the United States Postal Inspection Service; (D) Immigration and Customs Enforcement; (E) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (F) Homeland Security Investigations; (G) United States Customs and Border Protection; (H) the Department of Defense; (I) the Financial Crimes Enforcement Network; and (J) the Department of Justice. (2) Consultation The Director may consult with any State, Tribal, local, or international department or agency the Director determines necessary to carry out the purpose of the task force described in subsection (b). (d) Duties and functions To further the purpose of the task force described in subsection (b), the task force shall— (1) engage in— (A) proactive and reactive investigations; and (B) forensic and cyberforensic examinations; (2) provide forensic and cyberforensic, technical, preventive, and investigative training and assistance to— (A) prosecutors; and (B) law enforcement agencies; (3) develop best practices to assist Federal, State, Tribal, and local law enforcement agencies, prosecutors, and others, as appropriate, in the collection of evidence in order to determine and investigate possible nexuses to the dark web and virtual assets, including— (A) evidence logging; (B) evidence maintenance; and (C) evidence sharing; (4) develop multijurisdictional and multiagency responses and partnerships with Federal, international, local, and other law enforcement agencies, as appropriate, by— (A) establishing procedures for information sharing; (B) establishing lists of recommended specialized equipment and tools to investigate and prosecute the distribution of illicit drugs, goods, and services on the dark web; and (C) helping the agencies acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute the distribution of illegal drugs, goods, and services through the dark web; (5) create novel investigative approaches to— (A) target emerging technologies that facilitate the distribution of opioids through illicit marketplaces on the dark web; and (B) build forensic capacity and expertise to meet the challenges posed by the technologies; (6) enhance collaboration and coordination with international partners; and (7) engage in any other activities the Director determines necessary to carry out the duties of the task force. (e) Guidance and training The task force shall provide guidance and training to officers and employees of the Federal Bureau of Investigation and other Federal, international, and other law enforcement agencies, as appropriate, relating to— (1) techniques and procedures to— (A) recognize evidence or potential evidence relating to the dark web; and (B) identify and recognize patterns and practices relating to the distribution of illegal drugs, services, and goods through the dark web; (2) the types of information that should be collected and recorded in information technology systems used by the Federal Bureau of Investigation to help— (A) identify administrators and operators of illicit marketplaces; (B) identify vendors, buyers, and other individuals involved in the distribution of opioids through illicit marketplaces; and (C) detect, disrupt, and dismantle illicit marketplaces; (3) procedures for systematic and routine information sharing within the Federal Bureau of Investigation and between Federal, State, Tribal, and local law enforcement agencies; and (4) any other training or guidance the Director determines necessary to carry out the duties of the task force. (f) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation, acting through the Director, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include, for the previous year— (1) a summary of the activities and accomplishments of the task force; (2) a description of the investigative methods used by the task force, including an assessment of the effectiveness of the methods; (3) information on investigation and prosecution performance measures for the task force, including— (A) the number of investigations the task force conducted or assisted; (B) the number of illicit marketplaces detected, disrupted, or dismantled as a result of an investigation conducted or assisted by the task force; (C) the number of arrests relating to an investigation conducted or assisted by the task force; and (D) statistics that account for the disposition of investigations by the task force that did not result in an arrest or a prosecution; (4) an assessment of partnerships between the task force and other Federal, State, Tribal, and local law enforcement agencies, including the effectiveness of guidance and training provided by the task force to personnel of other Federal, State, Tribal, and law enforcement agencies; (5) an evaluation of the collaboration and coordination between the task force and international partners; (6) recommendations for additional congressional or legislative action, as appropriate, that would be useful or necessary to achieve the purpose of the task force described in subsection (b); (7) a summary of how transactions involving the distribution of illegal drugs, goods, and services through the dark web are financed; (8) a description of a plan to increase the capacity to investigate the distribution of illegal drugs, goods, and services through the dark web; and (9) recommendations for additional congressional or legislative action, as appropriate, that would improve the efforts of Federal agencies to detect, disrupt, and dismantle illicit marketplaces, including efforts to identify individuals and groups involved in the distribution of illegal drugs, goods, and services through the dark web. (g) Funding The Director shall carry out this section using amounts otherwise made available to the Attorney General. (h) Sunset This section shall cease to have force or effect on the date that is 5 years after the date of enactment of this Act. 6. Report on virtual currencies Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Treasury and the Secretary of Homeland Security, shall submit to Congress a report on the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web, which shall include— (1) a summary of how virtual currencies are— (A) used to finance transactions involving the distribution of opioids through illicit marketplaces on the dark web; and (B) exchanged in the course of transactions described in subparagraph (A), including transactions involving— (i) peer-to-peer networks; (ii) virtual currency; (iii) money transmitters; or (iv) other financial institutions; (2) the number of instances involving the distribution of opioids through illicit marketplaces on the dark web in which an individual involved used a virtual currency to finance the distribution; (3) the most common types of virtual currencies used by individuals involved in the distribution of opioids through illicit marketplaces on the dark web; (4) an assessment of the capacity to investigate the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web, including— (A) efforts to assist financial institutions in detecting, identifying, and reporting suspicious activity and money laundering; (B) efforts to obtain financial records and other documents from virtual currency operators and exchanges; (C) training and guidance to Federal, State, Tribal, and local law enforcement agencies and prosecutors; and (D) coordination and collaboration with international partners; and (5) recommendations for additional congressional or legislative action that would improve the efforts of Federal agencies to detect, disrupt, and dismantle illicit marketplaces on the dark web, including efforts to identify individuals using virtual currencies in the distribution of opioids through illicit marketplaces on the dark web. 7. Five year update It is the sense of Congress that, not less frequently than once every 5 years, Congress should evaluate and, if necessary, update the definition of the term dark web in section 401(i) of the Controlled Substances Act ( 21 U.S.C. 841(i) ), as added by section 4 of this Act. 8. Severability If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the amendments made by this Act, and the application of this Act or the amendments made by this Act to other persons not similarly situated or to other circumstances shall not be affected by the invalidation. | https://www.govinfo.gov/content/pkg/BILLS-117s3782is/xml/BILLS-117s3782is.xml |
117-s-3783 | II 117th CONGRESS 2d Session S. 3783 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a critical mineral environmental processing and mining cleanup program, and for other purposes.
1. Critical mineral environmental processing and mining cleanup program (a) Definitions In this section: (1) Critical mineral The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (2) Eligible entity The term eligible entity means an entity engaged in or intending to engage in— (A) the mining or manufacturing of critical minerals or the reprocessing or recycling of mine tailings, smelter or refinery slags, or residues; or (B) any other value-added, mining-related, manufacturing-related, or processing-related use of critical minerals undertaken within the United States. (3) Eligible mineral The term eligible mineral means each of the minerals identified by the Secretary under subsection (b)(2)(A). (4) Manufacture The term manufacture , with respect to a mineral, means to process, refine, alloy, separate, smelt, concentrate, or beneficiate the mineral. (5) Program The term program means the competitive grant program established under subsection (b)(1). (6) Secretary The term Secretary means the Secretary of the Interior. (b) Program establishment (1) In general The Secretary shall establish a program to award competitive grants to eligible entities for the manufacturing of eligible minerals. (2) Determination; identification (A) Eligible minerals Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the National Economic Council, shall identify as eligible minerals— (i) the 10 critical minerals that are the most critical for manufacturing and energy independence; and (ii) the 10 minerals that are the most critical to the United States to reduce energy dependence on mineral imports. (B) Suitable locations (i) In general The Secretary shall identify Federal and non-Federal land for which it is economically feasible and environmentally sound to mine the eligible minerals. (ii) Requirement The Secretary shall establish for each suitable location identified under clause (i) a mitigation plan to combat environmental and health risks posed by the mining and manufacturing of eligible minerals to— (I) federally recognized Indian Tribes; (II) communities at risk of pollution from mining activities; and (III) clean drinking water sources. (C) No duplication of efforts To the maximum extent practicable, in carrying out subparagraphs (A) and (B), the Secretary shall use existing analyses of the Department of the Interior, including the United States Geological Survey. (3) Selection (A) Applications An eligible entity seeking a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Selection criteria In awarding grants under the program, the Secretary shall only award grants to eligible entities that— (i) have documented interests in constructing, expanding, or modernizing facilities that carry out an activity or use described in subparagraph (A) or (B) of subsection (a)(2); and (ii) demonstrate strong labor protections, including prevailing wage requirements. (4) Use of funds A grant under the program may be used for the environmental assessment, processing, mitigation, and cleanup necessary to mine or manufacture eligible minerals on the Federal and non-Federal land identified under paragraph (2)(B)(i). (5) Environmental laws In carrying out activities using a grant under the program, an eligible entity shall comply with— (A) all applicable environmental laws (including regulations); and (B) any other environmental standards determined to be necessary by the Secretary. (6) Authorization of appropriations There is authorized to be appropriated to carry out the program $10,000,000 for each of fiscal years 2022 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s3783is/xml/BILLS-117s3783is.xml |
117-s-3784 | II 117th CONGRESS 2d Session S. 3784 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mrs. Blackburn (for herself, Mr. Tuberville , Mr. Braun , Mr. Young , Mr. Cruz , Ms. Lummis , Mr. Scott of Florida , Mr. Cassidy , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of Commerce to submit to Congress a report relating to the blockchain-based service network of the People's Republic of China, and for other purposes.
1. Short title This Act may be cited as the Say No to the Silk Road Act . 2. Definitions In this Act: (1) Digital yuan The term digital yuan means the sovereign digital currency of the People’s Bank of China, or any successor sovereign digital currency of the People’s Republic of China. (2) Network The term Network means the blockchain-based service network of the People's Republic of China. (3) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Armed Services of the Senate; (D) the Committee on Finance of the Senate; (E) the Committee on Armed Services of the House of Representatives; (F) the Committee on Foreign Affairs of the House of Representatives; (G) the Committee on Energy and Commerce of the House of Representatives; and (H) the Committee on Ways and Means of the House of Representatives. (4) Secretary The term Secretary means the Secretary of Commerce. 3. Report on the Network (a) Report Not later than 270 days after the date of enactment of this Act, the Secretary shall submit to Congress a report— (1) on— (A) the Network; (B) the operations of the Network in the United States; (C) the privacy implications associated with the collection of data of citizens of the United States by the Network; and (D) the participation of companies headquartered in the United States and companies located in the United States in assisting with the operations of the Network or performing work to expand the Network, including— (i) with respect to the applications or technical capabilities of the Network; and (ii) the geographic scope of the Network, such as— (I) expanding the Network to be used in the United States and countries participating in the Foreign Military Financing Program; and (II) constructing data centers of the Network in the United States and countries participating in the Foreign Military Financing Program; and (2) that includes— (A) the goals of the Network in developing blockchain infrastructure; (B) an assessment of whether the involvement in the Network of the Government of the People's Republic of China and entities owned by the Government of the People's Republic of China may pose any risk to economic and national security interests of the United States; and (C) the privacy and security implications associated with the collection of data of citizens of the United States by the Network. (b) Recommendations Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the relevant congressional committees recommendations relating to the report submitted under subsection (a). 4. Report on trade enforcement actions with respect to sovereign digital currency of People's Republic of China Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the relevant congressional committees a report— (1) assessing how trade enforcement actions relating to the digital yuan would affect the United States; and (2) making recommendations with respect to mitigating the effects of such actions. 5. Report on effect of sovereign digital currency of People's Republic of China on trade and investment agreements Not later than 1 year after the date of the enactment of this Act, the United States Trade Representative shall submit to the relevant congressional committees a report— (1) assessing the ways in which shifts to the use of the digital yuan by other countries as a settlement or reserve currency could affect trade and investment agreements to which the United States is a party; and (2) making recommendations with respect to mitigating the effects of such shifts. 6. Use of digital yuan by executive agencies (a) Definitions In this section— (1) the term executive agency has the meaning given that term in section 133 of title 41, United States Code; and (2) the term information technology has the meaning given that term in section 11101 of title 40, United States Code. (b) Use of digital yuan Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, the Director of the National Institute of Standards and Technology, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of National Intelligence, and the Secretary of Defense, and consistent with the information security requirements under subchapter II of chapter 35 of title 44, United States Code, shall develop strict guidance for executive agencies requiring adequate security measures for any transfer, storage, or use of digital yuan on information technology. 7. Digital yuan disclosure requirement for Foreign Military Financing partner countries Any government of a country receiving assistance through the Foreign Military Financing Program shall be required, as a condition for receiving such assistance, to disclose to the Secretary of State if that government uses digital yuan as a settlement or reserve currency. 8. Department of State warning about dangers of digital yuan Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall include on a publicly available internet website of the Department of State a warning to United States citizens traveling to the People's Republic of China about the dangers of the digital yuan. | https://www.govinfo.gov/content/pkg/BILLS-117s3784is/xml/BILLS-117s3784is.xml |
117-s-3785 | II 117th CONGRESS 2d Session S. 3785 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to eliminate the restriction on veterans concurrently serving in the Offices of Administrator and Deputy Administrator of the Federal Aviation Administration.
1. Removal of restriction on veterans concurrently serving in the Offices of Administrator and Deputy Administrator of the Federal Aviation Administration Section 106(d)(1) of title 49, United States Code, is amended by striking , a retired regular officer of an armed force, or a former regular officer of an armed force . | https://www.govinfo.gov/content/pkg/BILLS-117s3785is/xml/BILLS-117s3785is.xml |
117-s-3786 | II 117th CONGRESS 2d Session S. 3786 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mr. Wyden (for himself and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To suspend normal trade relations treatment for the Russian Federation and the Republic of Belarus, and for other purposes.
1. Short title This Act may be known as the Suspending Normal Trade Relations with Russia and Belarus Act . 2. Findings Congress finds the following: (1) The United States is a founding member of the World Trade Organization (WTO) and is committed to ensuring that the WTO remains an effective forum for peaceful economic engagement. (2) Ukraine is a sovereign nation-state that is entitled to enter into agreements with other sovereign states and to full respect of its territorial integrity. (3) The United States will be unwavering in its support for a secure, democratic, and sovereign Ukraine, free to choose its own leaders and future. (4) Ukraine acceded to the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) and has been a WTO member since 2008. (5) Ukraine’s participation in the WTO Agreement creates both rights and obligations vis-à-vis other WTO members. (6) The Russian Federation acceded to the WTO on August 22, 2012, becoming the 156th WTO member, and the Republic of Belarus has applied to accede to the WTO. (7) From the date of its accession, the Russian Federation committed to apply fully all provisions of the WTO. (8) The United States Congress authorized permanent normal trade relations for the Russian Federation through the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112–208 ). (9) Ukraine communicated to the WTO General Council on March 2, 2022, urging that all WTO members take action against the Russian Federation and consider further steps with the view to suspending the Russian Federation’s participation in the WTO for its violation of the purpose and principles of this Organization . (10) Vladimir Putin, a ruthless dictator, has led the Russian Federation into a war of aggression against Ukraine, which— (A) denies Ukraine and its people their collective rights to independence, sovereignty, and territorial integrity; (B) constitutes an emergency in international relations, because it is a situation of armed conflict that threatens the peace and security of all countries, including the United States; and (C) denies Ukraine its rightful ability to participate in international organizations, including the WTO. (11) The Republic of Belarus, also led by a ruthless dictator, Aleksander Lukashenka, is providing important material support to the Russian Federation’s aggression. (12) The Russian Federation’s exportation of goods in the energy sector is central to its ability to wage its war of aggression on Ukraine. (13) The United States, along with its allies and partners, has responded to recent aggression by the Russian Federation in Ukraine by imposing sweeping financial sanctions and stringent export controls. (14) The United States cannot allow the consequences of the Russian Federation’s actions to go unaddressed, and must lead fellow countries, in all fora, including the WTO, to impose appropriate consequences for the Russian Federation’s aggression. 3. Suspension of normal trade relations with the Russian Federation and the Republic of Belarus (a) Nondiscriminatory tariff treatment Notwithstanding any other provision of law, beginning on the day after the date of the enactment of this Act, the rates of duty set forth in column 2 of the Harmonized Tariff Schedule of the United States shall apply to all products of the Russian Federation and of the Republic of Belarus. (b) Authority To proclaim increased column 2 rates (1) In general The President may proclaim increases in the rates of duty applicable to products of the Russian Federation or the Republic of Belarus, above the rates set forth in column 2 of the Harmonized Tariff Schedule of the United States. (2) Prior consultation The President shall, not later than 5 calendar days before issuing any proclamation under paragraph (1), consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the basis for and anticipated impact of the proposed increases to rates of duty described in paragraph (1). (3) Termination The authority to issue proclamations under this subsection shall terminate on January 1, 2024. 4. Prohibition on importation of energy products of the Russian Federation (a) In general Notwithstanding any other provision of law, all products of the Russian Federation classified under chapter 27 of the Harmonized Tariff Schedule of the United States shall be banned from importation into the United States, other than products imported on or before 11:59 p.m. eastern daylight time on the date that is 45 days after the date of the enactment of this Act. (b) Termination upon extension of normal trade relations with the Russian Federation The prohibition under subsection (a) shall terminate on the date on which the President grants permanent nondiscriminatory tariff treatment (normal trade relations) to the products of the Russian Federation pursuant to section 5(b)(3). 5. Resumption of application of HTS column 1 rates of duty and restoration of normal trade relations treatment for the Russian Federation and the Republic of Belarus (a) Temporary application of HTS column 1 rates of duty (1) In general Notwithstanding any other provision of law (including the application of column 2 rates of duty under section 3), the President is authorized to temporarily resume, for one or more periods not to exceed 1 year each, the application of the rates of duty set forth in column 1 of the Harmonized Tariff Schedule of the United States to the products of the Russian Federation, the Republic of Belarus, or both, if the President submits to Congress with respect to either or both such countries a certification under subsection (c) for each such period. Such action shall take effect beginning on the date that is 90 calendar days after the date of submission of such certification for such period, unless there is enacted into law during such 90-day period a joint resolution of disapproval. (2) Consultation and report The President shall, not later than 45 calendar days before submitting a certification under paragraph (1)— (A) consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; and (B) submit to both such committees a report that explains the basis for the determination of the President contained in such certification. (b) Restoration of normal trade relations treatment (1) In general The President is authorized to resume the application of the rates of duty set forth in column 1 of the Harmonized Tariff Schedule of the United States to the products of the Russian Federation, the Republic of Belarus, or both, if the President submits to Congress with respect to either or both such countries a certification under subsection (c). Such action shall take effect beginning on the date that is 90 calendar days after the date of submission of such certification, unless there is enacted into law during such 90-day period a joint resolution of disapproval. (2) Consultation and report The President shall, not later than 45 calendar days before submitting a certification under paragraph (1)— (A) consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; and (B) submit to both such committees a report that explains the basis for the determination of the President contained in such certification. (3) Products of the Russian Federation If the President submits pursuant to paragraph (1) a certification under subsection (c) with respect to the Russian Federation and a joint resolution of disapproval is not enacted during the 90-day period described in that paragraph, the President may grant permanent nondiscriminatory tariff treatment (normal trade relations) to the products of the Russian Federation. (4) Products of the Republic of Belarus If the President submits pursuant to paragraph (1) a certification under subsection (c) with respect to the Republic of Belarus and a joint resolution of disapproval is not enacted during the 90-day period described in that paragraph, the President may, subject to the provisions of chapter 1 of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), grant nondiscriminatory tariff treatment (normal trade relations) to the products of the Republic of Belarus. (c) Certification A certification under this subsection is a certification in writing that— (1) specifies the action proposed to be taken pursuant to the certification and whether such action is pursuant to subsection (a)(1) or (b)(1) of this section; and (2) contains a determination of the President that the Russian Federation or the Republic of Belarus (or both)— (A) has withdrawn its forces and ceased all acts of aggression against Ukraine; (B) poses no immediate threat of aggression to any North Atlantic Treaty Organization ally or partner; and (C) recognizes a free and independent Ukraine, including with respect to the ability of its people to choose their own government. (d) Joint resolution of disapproval (1) Definition For purposes of this section, the term joint resolution of disapproval means only a joint resolution— (A) which does not have a preamble; (B) the title of which is as follows: Joint resolution disapproving the President’s certification under section 5(c) of the Suspending Normal Trade Relations with Russia and Belarus Act. ; and (C) the matter after the resolving clause of which is as follows: That Congress disapproves the certification of the President under section 5(c) of the Suspending Normal Trade Relations with Russia and Belarus Act, submitted to Congress on ___ , the blank space being filled in with the appropriate date. (2) Introduction in the House of Representatives During a period of 5 legislative days beginning on the date that a certification under section 5(c) is submitted to Congress, a joint resolution of disapproval may be introduced in the House of Representatives by the majority leader or the minority leader. (3) Introduction in the Senate During a period of 5 days on which the Senate is in session beginning on the date that a certification under section 5(c) is submitted to Congress, a joint resolution of disapproval may be introduced in the Senate by the majority leader (or the majority leader’s designee) or the minority leader (or the minority leader’s designee). (4) Floor consideration in the House of Representatives (A) Reporting and discharge If a committee of the House to which a joint resolution of disapproval has been referred has not reported such joint resolution within 10 legislative days after the date of referral, that committee shall be discharged from further consideration thereof. (B) Proceeding to consideration Beginning on the third legislative day after each committee to which a joint resolution of disapproval has been referred reports it to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on a joint resolution with regard to the same certification. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except two hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (5) Consideration in the Senate (A) Committee referral A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Finance. (B) Reporting and discharge If the Committee on Finance has not reported such joint resolution of disapproval within 10 days on which the Senate is in session after the date of referral of such joint resolution, that committee shall be discharged from further consideration of such joint resolution and the joint resolution shall be placed on the appropriate calendar. (C) Motion to proceed Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Finance reports the joint resolution of disapproval to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) shall be waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution of disapproval is agreed to, the joint resolution shall remain the unfinished business until disposed of. (D) Debate Debate on the joint resolution of disapproval, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution of disapproval is not in order. (E) Vote on passage The vote on passage shall occur immediately following the conclusion of the debate on the joint resolution of disapproval and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate. (F) Rules of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to the joint resolution of disapproval shall be decided without debate. (G) Consideration of veto messages Debate in the Senate of any veto message with respect to the joint resolution of disapproval, including all debatable motions and appeals in connection with such joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (6) Procedures in the Senate Except as otherwise provided in this subsection, the following procedures shall apply in the Senate to a joint resolution of disapproval to which this subsection applies: (A) Except as provided in subparagraph (B), a joint resolution of disapproval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with this subsection. (B) If a joint resolution of disapproval to which this section applies was introduced in the Senate before receipt of a joint resolution of disapproval that has passed the House of Representatives, the joint resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar. If this subparagraph applies, the procedures in the Senate with respect to a joint resolution of disapproval introduced in the Senate that contains the identical matter as the joint resolution of disapproval that passed the House of Representatives shall be the same as if no joint resolution of disapproval had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the joint resolution of disapproval that passed the House of Representatives. (7) Rules of the House of Representatives and the Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such are 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 legislation described in those sections, and supersede other rules only to the extent that they are inconsistent with such rules; and (B) 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. 6. Cooperation and accountability at the World Trade Organization The United States Trade Representative shall use the voice and influence of the United States at the WTO to— (1) condemn the recent aggression in Ukraine; (2) encourage other WTO members to suspend trade concessions to the Russian Federation and the Republic of Belarus; (3) consider further steps with the view to suspend the Russian Federation’s participation in the WTO; and (4) seek to halt the accession process of the Republic of Belarus at the WTO and cease accession-related work. | https://www.govinfo.gov/content/pkg/BILLS-117s3786is/xml/BILLS-117s3786is.xml |
117-s-3787 | II 117th CONGRESS 2d Session S. 3787 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Ms. Ernst (for herself, Ms. Klobuchar , Mr. Grassley , Ms. Duckworth , Ms. Baldwin , Mr. Marshall , and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the importation of petroleum and petroleum products from the Russian Federation, to amend the Internal Revenue Code of 1986 to establish an income tax credit for the sale or blending of certain fuels containing ethanol and to extend tax incentives for biodiesel and renewable diesel, to amend the Clean Air Act with respect to the ethanol waiver for Reid vapor pressure limitations under that Act, and for other purposes.
1. Short title This Act may be cited as the Home Front Energy Independence Act . 2. Prohibition on importation of petroleum and petroleum products from the Russian Federation (a) Prohibition The importation of petroleum and petroleum products from the Russian Federation is prohibited. (b) Termination The prohibition under subsection (a) shall terminate on the date on which the President determines and reports to Congress that the Government of the Russian Federation recognizes the sovereignty and territorial integrity of Ukraine within its internationally recognized borders, extending to its territorial waters. (c) Effective date The prohibition under subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act. 3. Credit for sale or blending of ethanol fuels (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Credit for sale or blending of ethanol fuels (a) In general For purposes of section 38, the ethanol fuel credit determined under this section for any taxable year is an amount equal to— (1) in the case of an applicable taxpayer which is described in subsection (b)(1)(A)— (A) for each gallon of E15 blended by such taxpayer, 5 cents, and (B) for each gallon of fuel blended by such taxpayer which contains more than 15 volume percent ethanol, 10 cents, and (2) subject to subsection (c), in the case of an applicable taxpayer which is described in subsection (b)(1)(B)— (A) for each gallon of E15 sold by such taxpayer, 5 cents, and (B) for each gallon of fuel sold by such taxpayer which contains more than 15 volume percent ethanol, 10 cents. (b) Definitions For purposes of this section— (1) Applicable taxpayer The term applicable taxpayer means— (A) an oxygenate blender (as defined in section 1090.80 of title 40, Code of Federal Regulations), and (B) a retailer (as defined in paragraph (7) of section 101 of the Petroleum Marketing Practices Act ( 15 U.S.C. 2801 )). (2) E 15 The term E15 means gasoline that contains more than 13 and no more than 15 volume percent ethanol. (c) Election (1) In general (A) Election by oxygenate blender Subsection (a)(1) shall apply with respect to any gallon of fuel described in such subsection only if the applicable taxpayer described in subsection (b)(1)(A) elects to have such subsection apply with respect to such gallon of fuel. (B) Notification The applicable taxpayer described in subparagraph (A) shall provide notice of their election with respect to any gallon of fuel described in such subparagraph to any applicable taxpayer described in subsection (b)(1)(B) to which such fuel is sold, with such notice to be provided on or before the date of such sale. (2) Credit for retailer available only if not claimed by oxygenate blender Subsection (a)(2) shall apply with respect to any gallon of fuel described in such subsection only if the applicable taxpayer described in subsection (b)(1)(A) has not elected (pursuant to paragraph (1)) to apply subsection (a)(1) with respect to such gallon of fuel. (d) Refundable credit for small retailers For purposes of this title, in the case of a retailer with not greater than 5 retail locations at the close of the taxable year, the credit allowed under subsection (a)(2) for such taxable year shall be treated as a credit allowable under subpart C (and not allowable under this subpart) for such taxable year. (e) Transfer of credit (1) In general Subject to such regulations or other guidance as the Secretary determines necessary or appropriate, if, with respect to the credit allowed under subsection (a) for any taxable year, the applicable taxpayer elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible entity specified in such election, and not the applicable taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). (2) Eligible entity For purposes of this subsection, the term eligible entity means any person within the supply chain for fuel described in such section (a). . (b) Credit To be part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the credit for sale or blending of ethanol fuels under section 45U to which subsection (d) of such section does not apply. . (c) Conforming amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45U. Credit for sale or blending of ethanol fuels. . (d) Effective date The amendments made by this section shall apply to fuel blended or sold after December 31, 2021. 4. Extension of tax incentives for biodiesel and renewable diesel (a) Income tax credit (1) In general Section 40A(g) is amended by striking December 31, 2022 and inserting December 31, 2025 . (2) Effective date The amendment made by this subsection shall apply to fuel sold or used after December 31, 2022. (b) Excise tax incentives (1) Termination (A) In general Section 6426(c)(6) is amended by striking December 31, 2022 and inserting December 31, 2025 . (B) Payments Section 6427(e)(6)(B) is amended by striking December 31, 2022 and inserting December 31, 2025 . (2) Effective date The amendments made by this subsection shall apply to fuel sold or used after December 31, 2022. 5. Ethanol Reid Vapor Pressure limitations and E15 labeling (a) Ethanol waiver (1) Reid vapor pressure limitation Section 211(h) of the Clean Air Act ( 42 U.S.C. 7545(h) ) is amended— (A) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting or more after 10 percent ; and (ii) in subparagraph (C), by striking additional alcohol or ; and (B) in paragraph (5)(A), by inserting or more after 10 percent . (2) Existing waivers Section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) ) is amended— (A) by striking The Administrator, upon and inserting the following: (A) The Administrator, upon ; and (B) by adding at the end the following: (B) A fuel or fuel additive that has been granted a waiver under subparagraph (A) prior to January 1, 2017, and meets all of the conditions of that waiver, other than the waiver’s limits for Reid Vapor Pressure, may be introduced into commerce if the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements. . (b) E15 labeling requirements Section 211(c) of the Clean Air Act ( 42 U.S.C. 7545(c) ) is amended by adding at the end the following: (5) Revisions required (A) In general Not later than 6 months after the date of enactment of this paragraph, the Administrator shall— (i) revise the regulations of the Administrator, and any other labeling requirements or conditions that the Administrator has adopted pursuant to this section, to prescribe that retailers shall label gasoline that contains more than 10 percent, but not more than 15 percent, ethanol to have only the following language: Contains no more than 15% ethanol. ; and (ii) finalize the proposed rule of the Environmental Protection Agency entitled E15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks (86 Fed. Reg. 5094 (January 19, 2021)). (B) Waivers valid Notwithstanding the change in labeling required by subparagraph (A)(i), any waiver granted to gasoline that contains more than 10 percent, but not more than 15 percent, ethanol under subsection (f)(4) before the date of enactment of this paragraph shall remain valid. . 6. Grants for expanding domestic biofuel consumption Title IX of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 et seq. ) is amended by adding at the end the following: 9015. Biofuel infrastructure and agricultural product market expansion grant program (a) Definition of eligible entity In this section, the term eligible entity means— (1) a State or unit of local government; (2) a Tribal government; (3) an authority, agency, partnership, or instrumentality of an entity described in paragraph (1) or (2); and (4) a group of entities described in paragraphs (1) through (3). (b) Establishment Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (f). (c) Purpose The purposes of the grant program established under subsection (b) shall be— (1) to increase the use of domestic agricultural crops by expanding or aiding in the expansion of domestic biofuel markets; (2) to aid in the development of new and additional biofuel markets, marketing facilities, and uses for feedstock derived from agricultural crops and other biomass; (3) to stabilize prices in agricultural markets by increasing demand for feedstock derived from agricultural crops; (4) to boost domestic production and use of biofuels to promote rural economic development and job creation; and (5) to support farm income by increasing demand for feedstock use and production. (d) Applications An eligible entity desiring a grant under this section shall submit to the Secretary an application at the time, in the manner, and containing the information that the Secretary may require. (e) Eligibility criteria In selecting an eligible entity to receive a grant under this section, the Secretary shall consider the extent to which the application of the eligible entity proposes— (1) to convert existing pump infrastructure to deliver ethanol blends with greater than 10 percent ethanol; (2) to diversify the geographic area selling ethanol blends with greater than 10 percent ethanol; (3) to support existing or emerging biodiesel, bioheat, and sustainable aviation fuel markets that have existing incentives; (4) to increase the use of existing fuel delivery infrastructure; (5) to enable or accelerate the deployment of renewable fuel infrastructure that would be unlikely to be completed without Federal assistance; and (6) to build and retrofit traditional and pipeline biodiesel terminal operations (including rail lines) and home heating oil distribution centers or equivalent entities— (A) to blend biodiesel; and (B) to carry ethanol and biodiesel. (f) Eligible use An eligible entity that receives a grant under this section may use the grant funds— (1) to distribute to private or public entities for costs related to incentivizing deployment of renewable fuel infrastructure; (2) to convert existing pump infrastructure to deliver ethanol blends greater than 10 percent and biodiesel blends greater than 20 percent; (3) to install fuel pumps and related infrastructure dedicated to the distribution of higher ethanol blends (including E15 and E85) and higher biodiesel blends up to B100 at fueling locations, including— (A) local fueling stations; (B) convenience stores; (C) hypermarket fueling stations; and (D) fleet facilities or similar entities; and (4) to build and retrofit traditional and pipeline biodiesel terminal operations (including rail lines) and home heating oil distribution centers or equivalent entities— (A) to blend biodiesel; and (B) to carry ethanol and biodiesel. (g) Certification requirement Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. (h) Funding (1) Federal share The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. (2) Maximum percentage for certain activities An eligible entity receiving a grant under this section shall ensure that Federal funds do not exceed— (A) 75 percent of the per pump cost for— (i) pumps that can dispense a range of ethanol blends of E85 or lower (new pumps or retrofit of existing pumps); and (ii) dedicated E15 or E85 pumps (new pumps or retrofit of existing pumps); (B) 50 percent of the terminal cost for terminals with B100 capabilities; or (C) 40 percent of the per tank cost for new storage tanks and related equipment associated with new facilities or additional capacity other than replacement of existing storage tanks and related equipment associated with existing facilities. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2031. . | https://www.govinfo.gov/content/pkg/BILLS-117s3787is/xml/BILLS-117s3787is.xml |
117-s-3788 | II 117th CONGRESS 2d Session S. 3788 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To address the homelessness and housing crises, to move toward the goal of providing for a home for all Americans, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Housing for All Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Addressing the housing shortage Sec. 101. Housing Trust Fund. Sec. 102. Section 202 supportive housing for the elderly program. Sec. 103. Section 811 supportive housing for people with disabilities. Sec. 104. HOME Investment Partnerships Program. Sec. 105. Technical assistance for navigating Federal and State housing funding sources. Sec. 106. Permanent authorization of United States Interagency Council on Homelessness and establishment of racial equity commission. TITLE II—Addressing Homelessness Sec. 201. Expansion of housing choice voucher program. Sec. 202. Project-based rental assistance. Sec. 203. Emergency solutions grant program. Sec. 204. Continuum of care grant program. Sec. 205. Program administration, training, technical assistance, and capacity building. Sec. 206. GAO report on eviction data. TITLE III—Investing in innovative community-driven solutions Sec. 301. Safe parking program grants. Sec. 302. Hotel, motel, and commercial acquisitions and conversions to permanent housing. Sec. 303. Eviction protection grant program. Sec. 304. Mobile crisis intervention teams grants. Sec. 305. Library consortium pilot grants. Sec. 306. Report on inclusive transit-oriented development to enhance climate mitigation and disaster resiliency. Sec. 307. Establishing an innovation pilot within the carbon reduction program. Sec. 308. Making infill housing and other transportation efficiency projects eligible for RAISE grants. 2. Definitions In this Act: (1) At risk of homelessness The term at risk of homelessness has the meaning given the term in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (2) Homeless The term homeless has the meaning given the term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ). (3) Justice system-involved The term justice system-involved includes individuals who are or have been incarcerated or held in municipal, State, or Federal jails, prisons, juvenile facilities, or other types of detention facilities, who have been held in pre-trial or post-conviction detention, who have an arrest or conviction regardless of whether they were detained or incarcerated, who have been held in immigration detention, or, with respect to youth, who are or have been held in the custody of the Office of Refugee Resettlement of the Department of Health and Human Services. (4) Population at higher risk of homelessness (A) In general The term population at higher risk of homelessness means a group of individuals that is defined by a common characteristic and that has been found to experience homelessness, housing instability, or to be cost-burdened at a rate higher than that of the general public. (B) Higher rate Information that may be used in demonstrating such a higher rate includes data generated by the Federal Government, by State or municipal governments, by peer-reviewed research, and by organizations having expertise in working with or advocating on behalf of homeless, housing unstable, or cost-burdened groups. (C) Included populations Such term shall include populations for which such higher rate has already been demonstrated, including Asian, Black, Latino, Native American, Native Hawaiian, Pacific Islander and other communities of color, individuals with disabilities, including mental health disabilities, elderly individuals, foster and former foster youth, lesbian, gay, bisexual, transgender, and queer individuals, gender non-binary and gender non-conforming individuals, veterans, and such additional communities and individuals as the Secretary may include after receiving public comment. (5) Secretary The term Secretary means the Secretary of Housing and Urban Development. I Addressing the housing shortage 101. Housing Trust Fund Section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(a) ) is amended by adding at the end the following: (3) Authorization of appropriations There is authorized to be appropriated to the Housing Trust Fund $45,000,000,000 for each of fiscal years 2022 through 2031. . 102. Section 202 supportive housing for the elderly program There is authorized to be appropriated to the Secretary for fiscal year 2022, to remain available until September 30, 2031— (1) $2,500,000,000 for the supportive housing for the elderly program authorized under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ), which shall be used— (A) for capital advance awards in accordance with section 202(c)(1) of the Housing Act of 1959 ( 12 U.S.C. 1701q(c)(1) ) to recipients that are eligible under that Act; (B) for section 8 project-based rental assistance contracts in accordance with subsection (b) of this section and section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), for capital advance projects; and (C) for service coordinators; (2) $15,000,000, to provide technical assistance to support State-level efforts to improve the design and delivery of voluntary supportive services for residents of any housing assisted under the Housing Act of 1959 ( Public Law 101–625 ) and other housing supporting low-income older adults; and (3) $125,000,000 for the costs to the Secretary of administration and oversight. 103. Section 811 supportive housing for people with disabilities There is authorized to be appropriated to the Secretary for fiscal year 2022, to remain available until September 30, 2031— (1) $900,000,000 for capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ), for project rental assistance for supportive housing for persons with disabilities under subsection (d)(2) of such section 811 ( 42 U.S.C. 8013 ), for project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 ( 12 U.S.C. 1701q(h) ), and for project rental assistance to State housing finance agencies and other appropriate entities as authorized under subsection (b)(3) of such section 811 ( 42 U.S.C. 8013 ); (2) $15,000,000 for providing technical assistance to support State-level efforts to integrate housing assistance and voluntary supportive services for residents of housing receiving such assistance; and (3) $87,000,000 for the costs to the Secretary of administration and oversight. 104. HOME Investment Partnerships Program (a) Authorization of appropriations There is authorized to be appropriated to the Secretary for fiscal year 2022, to remain available until September 30, 2031— (1) $40,000,000,000, for activities and assistance for the HOME Investment Partnerships Program (in this section referred to as the HOME program ), as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq. ); (2) $100,000,000 to make new awards to or increase prior awards to existing technical assistance providers, including for technical assistance to grantees regarding best practices for coordination of available funds provided under this section with other forms of assistance, such as with project-based rental assistance; and (3) $360,000,000 for the costs to the Secretary of administration and oversight of the HOME program and the Housing Trust Fund established under section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(a) ). (b) Administration Notwithstanding subsections (c) and (d)(1) of section 212 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12742 ), eligible grantees may use not more than 15 percent of their allocations under this section for administrative and planning costs. 105. Technical assistance for navigating Federal and State housing funding sources (a) Establishment The Secretary shall establish a grant program to provide technical assistance to States relating to the understanding of the relationship between Federal and State housing funding sources and how to best use those sources to finance housing projects in the State, such as permanent supportive housing, including resources, tools, and products that— (1) provide assistance on coordinating a single application for multiple funding sources; (2) provide assistance on consolidating funding sources and implementing reporting requirements at the State level; and (3) support staff capacity within State housing finance agencies to maintain the collaborations and systems necessary to better align types of funding with need and expand access to housing stability. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as may be necessary, to remain available until expended, to carry out this section. 106. Permanent authorization of United States Interagency Council on Homelessness and establishment of racial equity commission Title II of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11311 et seq. ) is amended— (1) in section 208 ( 42 U.S.C. 11318 ), by striking the sentence and inserting the following: There is authorized to be appropriated for each fiscal year $10,000,000 to carry out this title. ; and (2) by striking section 209 ( 42 U.S.C. 11319 ) and inserting the following: 209. Racial equity commission (a) Establishment of commission (1) In general There is established a commission to be known as the Commission on Racial Equity in Housing (in this section referred to as the Commission ) to support the Council with efforts to conduct research into, collect, analyze, and make publicly available data on, and provide leadership and coordination for furthering racial equity in housing, examining the impacts of structural racism on housing and homelessness, and the effectiveness of intervention strategies to address these impacts. (2) Reporting The Commission shall report to the Executive Director of the Council and work in partnership with employees of the Council. (b) Membership (1) Composition The Commission shall be composed of 14 members, who shall be— (A) appointed by the Executive Director of the Council not later than January 1, 2024; and (B) fairly balanced in terms of points of view represented and background experience. (2) Qualifications Each member of the Commission shall have— (A) proven expertise in directing, assembling, or applying capital resources from a variety of sources to the successful development of affordable housing, assisted living facilities, or health care facilities; (B) lived experience with homelessness; or (C) demonstrated experience in— (i) homeless services, affordable housing, or housing law; and (ii) racial equity work. (3) Co-chairpersons The Executive Director shall appoint 2 co-chairpersons of the Commission from among the members of the Commission. (4) Vacancies Any vacancy on the Commission shall not affect its powers and shall be filled in the manner in which the original appointment was made. (5) Prohibition of pay Members of the Commission shall serve without pay. (6) Travel expenses Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (7) Quorum A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (8) Meetings The Commission shall meet at the call of the co-chairpersons of the Commission. (c) Director and staff (1) Director The Commission shall have a Director who shall be— (A) appointed by the co-chairpersons of the Commission; and (B) paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Staff The Commission may appoint personnel as appropriate subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and who shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (3) Experts and consultants The Council may procure temporary and intermittent services to support the work of the Commission under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for the General Schedule. (4) Staff of Federal agencies Upon request of the Council and the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (d) Duties The Commission shall— (1) work with the Council to make recommendations, inform, and participate in efforts to conduct research into, collect, analyze, and make publicly available data on, and provide leadership and coordination for furthering racial equity in housing, examining the impacts of structural racism on housing and homelessness, and the effectiveness of intervention strategies to address these impacts; and (2) work with the Council to implement the Federal Strategic Plan to Prevent and End Homelessness. (e) Reports The Council shall submit to Congress, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Transportation, the Secretary of Education, the Secretary of Labor, the Secretary of Defense, the Secretary of Agriculture, the Secretary of Veterans Affairs, the Secretary of the Treasury, the Attorney General, the Secretary of the Interior, the Chair of the Federal Reserve, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Chair of the Federal Deposit Insurance Corporation, and such other individuals as the Commission determines relevant an annual report on research findings with recommendations to improve racial equity in housing and to disrupt processes that preserve and reinforce racism and racial disparities in housing and homelessness services. (f) Termination Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (g) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. . II Addressing Homelessness 201. Expansion of housing choice voucher program (a) Definitions In this section: (1) Eligible household The term eligible household means a family who initially— (A) has an income that does not exceed 50 percent of the maximum income limitation for extremely low-income families established by the Secretary pursuant to section 3(b)(2)(C) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(2)(C) ); or (B) is an extremely low-income family that includes an individual who is an individual who is a recipient of supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). (2) Extremely low-income family; public housing agency; State The terms extremely low-income family , public housing agency , and State have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (b) Expanded vouchers (1) Funding There is appropriated, out of any money in the Treasury not otherwise appropriated, for providing incremental vouchers for rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) in accordance with this section for each of fiscal years 2022 through 2025, the amount necessary to fund— (A) the number of incremental vouchers required to be allocated under paragraph (2); (B) annual renewals of the vouchers allocated under paragraph (2); and (C) administrative fees for vouchers allocated under paragraph (2). (2) Allocation (A) Incremental vouchers The Secretary shall allocate 500,000 incremental vouchers in fiscal year 2022 and 1,000,000 incremental vouchers in increments of 500,000 in each calendar year from 2023 through 2025 under this section to public housing agencies pursuant to section 213(d) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 1439(d) ). (B) Selection criteria The Secretary shall, by notice in the Federal Register, establish selection criteria under section 213(d) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 1439(d) ) that prioritizes housing needs among eligible households and severe housing hardship, such as experiencing homelessness, overcrowding, or evictions. (c) Entitlement to vouchers (1) In general On and after the date that is 5 years after the date of enactment of this Act, any family that is otherwise eligible for tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) shall be entitled to that rental assistance during any period that the family is an eligible household. (2) Funding There is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary— (A) to provide assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) in accordance with the entitlement under paragraph (1) of this subsection for each eligible household in the amount determined under such section 8(o); and (B) to provide administrative fees under section 8(q) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(q) ) in connection with each voucher for assistance provided pursuant to subparagraph (A) of this paragraph. 202. Project-based rental assistance (a) Authorization of appropriations In addition to amounts otherwise available, there is authorized to be appropriated to the Secretary for fiscal year 2022, to remain available until September 30, 2031— (1) $14,500,000,000 for the project-based rental assistance program, as authorized under section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) , subject to the terms and conditions of subsection (b) of this section; (2) $40,000,000 for providing technical assistance to recipients of or applicants for project-based rental assistance or to States allocating the project-based rental assistance; and (3) $200,000,000 for the costs to the Secretary of administration and oversight. (b) Terms and conditions (1) Authority Notwithstanding section 8(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(a) ), the Secretary may use amounts made available under this section— (A) to provide assistance payments with respect to newly constructed housing, existing housing, or substantially rehabilitated non-housing structures for use as new multifamily housing in accordance with this section and the provisions of section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ); and (B) for performance-based contract administrators for project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), for carrying out this section and section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (2) Project-based rental assistance (A) In general The Secretary may make assistance payments using amounts made available under this section pursuant to contracts with owners or prospective owners who agree to construct housing, to substantially rehabilitate existing housing, to substantially rehabilitate non-housing structures for use as new multifamily housing, or to attach the assistance to newly constructed housing in which some or all of the units shall be available for occupancy by very low-income families in accordance with the provisions of section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), under terms determined by the Secretary. (B) Priority In awarding contracts pursuant to this section, the Secretary shall give priority to owners or prospective owners of multifamily housing projects located or to be located in areas of high opportunity, as defined by the Secretary, in areas experiencing economic growth or rising housing prices to prevent displacement or secure affordable housing for low-income households, or that serve people at risk of homelessness or that integrate additional units that are accessible for persons with mobility impairments and persons with hearing or visual impairments beyond those required by applicable Federal accessibility standards. 203. Emergency solutions grant program (a) Authorization of appropriations There is authorized to be appropriated to the Secretary for fiscal year 2022 $5,000,000,000, to remain available until September 30, 2031, to make grants under the emergency solutions grant program authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11371 et seq. ). (b) Maximum allocation for emergency shelter activities A recipient of a grant using amounts appropriated under subsection (a) in any fiscal year may not use an amount of the assistance for emergency shelter activities that exceeds the greater of— (1) 40 percent of the aggregate amount of that assistance provided for the grantee for that fiscal year; or (2) the amount expended by the grantee for emergency shelter activities during fiscal year 2010. 204. Continuum of care grant program (a) Authorization of appropriations There is authorized to be appropriated to the Secretary for fiscal year 2022 $15,000,000,000, to remain available until the end of fiscal year 2031, to make grants under the continuum of care program authorized under subtitle C of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ). (b) Minimum allocation for permanent housing for homeless individuals and families with disabilities Of amounts appropriated under subsection (a) for a fiscal year, not less than 50 percent shall be used for permanent housing for homeless individuals with disabilities and homeless families that include such an individual who is an adult or a minor head of household if no adult is present in the household. (c) Prioritization of continuum of care In awarding grants using amounts appropriated under subsection (a), the Secretary shall prioritize funding for applicants that provide documentation of coordination with certain systems serving young people and can answer questions regarding how the applicant works with child welfare organizations, the juvenile and adult justice system, and institutions of mental and physical health to ensure that participants in the programs are not released into homelessness. 205. Program administration, training, technical assistance, and capacity building In addition to amounts otherwise available, there is authorized to be appropriated for fiscal year 2022, to remain available until expended— (1) $1,000,000,000 to the Secretary for the costs to the Secretary of administering and overseeing the implementation of this title and the programs of the Department of Housing and Urban Development generally and new awards or increasing prior awards to provide training, technical assistance, and capacity building related to the programs of the Department of Housing and Urban Development; (2) $5,000,000 to the United States Interagency Council on Homelessness for necessary expenses in carrying out the functions of the Council pursuant to title II of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11311 et seq. ); and (3) $10,000,000 to the Secretary for necessary salaries and expenses of the Office of the Inspector General of the Department of Housing and Urban Development in carrying out the Inspector General Act of 1978 (5 U.S.C. App.). 206. GAO report on eviction data Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines— (1) with respect to eviction moratoriums during the COVID–19 pandemic— (A) how eviction moratoriums have contributed to housing stability; (B) an analysis of formal and informal evictions during the periods in which the moratoriums were in effect; and (C) an economic analysis of how the eviction moratoriums saved public funds, such as by reducing shelter costs; (2) whether women, Black, Hispanic, and other minority renters disproportionately faced eviction during the COVID–19 pandemic, and an accounting of the disproportionate risk of eviction faced by veterans, children, the elderly, and individuals living with disabilities during the COVID–19 pandemic; (3) the barriers that exist to collecting the data related to paragraphs (1) and (2); (4) the barriers that exist to collecting, digitizing, and standardizing data from the beginning to the end of the eviction process, such as pre-eviction information, the renter’s race or ethnicity, age and gender, as well as the composition of the household and landlord data; and (5) a study of the relationship between emergency rental assistance distribution and eviction patterns, as well as how emergency rental assistance affected evictions, during the periods in which the eviction moratoriums were in effect during the COVID–19 pandemic. III Investing in innovative community-driven solutions 301. Safe parking program grants (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a unit of general purpose local government; (B) an Indian tribe or a tribally designated housing entity (as those terms are defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )); (C) a nonprofit organization that provides services to homeless persons; or (D) a collaborative applicant or other organization or entity funded under the Continuum of Care program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ). (2) Essential service The term essential service means an essential service described in section 576.102 of title 24, Code of Federal Regulations, or any successor regulation. (3) Homeless person The term homeless person has the meaning given the term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ). (4) Safe parking program The term safe parking program means a program that— (A) provides a homeless person living in a vehicle, including a motor home, with a safe place to park the vehicle overnight to facilitate a transition to more stable housing; and (B) provides permanent rehousing services and essential services. (b) Establishment of program Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a grant program to provide amounts to eligible entities for costs associated with— (1) the establishment and operation of a new safe parking program; or (2) the operation of a safe parking program in existence as of the date on which amounts are provided. (c) Grant term The term of a grant awarded under subsection (b) shall be 5 years. (d) Amount (1) In general During the 5-year term of a grant awarded under subsection (b), the Secretary shall distribute 20 percent of the grant amounts each year. (2) Cap An eligible entity may not receive more than $5,000,000 in grant amounts under subsection (b). (e) Applications (1) In general To be eligible to receive a grant under subsection (b), an eligible entity shall submit an application to the Secretary at the time, in the manner, and containing the information that the Secretary requires, including a description of how the eligible entity will use any amounts received. (2) Priority The Secretary shall give priority to applications from eligible entities that serve homeless persons in underserved areas (as defined in section 81.2 of title 24, Code of Federal Regulations, or any successor regulation). (f) Use of funds Except as provided in subsection (h), any eligible entity that is awarded a grant under subsection (b) shall use the grant amounts for costs associated with— (1) establishing and operating a safe parking program; (2) providing permanent rehousing assistance to families using the safe parking program, such as case management services; (3) employing staff who maintain the safety and health of participants in the safe parking program and monitor program compliance with subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ), if applicable; (4) establishing and maintaining the operation of hygiene facilities and restrooms for homeless persons; (5) maintaining the vehicles of homeless persons using a safe parking program and providing gas for those persons to use their vehicles for activities that will help them obtain or maintain housing, including— (A) driving to work, school, or medical appointments; and (B) searching for a home; or (6) entering data and information into a homeless management information system (as that term is used in section 402(f)(3) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(3) )). (g) Multiple locations An eligible entity may use amounts provided under subsection (b) to establish or continue operating a safe parking program at multiple locations. (h) Alternative use of funds If an eligible entity determines that a safe parking program is no longer necessary, the eligible entity may, after approval from the Secretary, use amounts provided under subsection (b) for activities that are eligible for the use of Emergency Solutions Grants Program amounts under section 415 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11374 ). (i) Rehousing and case management services A homeless person who makes use of a safe parking program established or operated using amounts awarded under subsection (b) shall not be required to accept case management or rehousing services offered as part of the program. (j) Reports to Congress (1) Initial report Not later than 180 days after the last day of the second fiscal year beginning after the date of enactment of this Act, the Secretary shall submit to Congress an initial report on the impact of grants awarded under subsection (b), including, to the extent determinable, any data about— (A) the number of homeless persons living in vehicles in the geographic region over which the eligible entity has jurisdiction, or in which the eligible entity operates, during each of the 7 previous years; (B) the demographics and number of homeless persons who choose to participate in a safe parking program; and (C) the number of homeless persons who choose to participate in a safe parking program and exit into permanent housing. (2) Final report Not later than 180 days after the last day of the fifth fiscal year beginning after the date of enactment of this Act, the Secretary shall submit to Congress a final report on the impact of grants awarded under subsection (b), including, to the extent determinable, any data described in subparagraphs (A), (B), and (C) of paragraph (1) of this subsection. (k) Termination of grant program The Secretary may not award a grant under subsection (b) after the last day of the fifth fiscal year beginning after the date of enactment of this Act. (l) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. 302. Hotel, motel, and commercial acquisitions and conversions to permanent housing (a) Authorization of appropriations There is authorized to be appropriated to the Secretary for fiscal year 2022, $500,000,000, to remain available until September 30, 2031, for— (1) projects related to the acquisition, rehabilitation, renovation, or conversion of transitional housing, temporary shelters, and other spaces, such as hotels, motels, government-owned properties, and commercial business spaces such as shopping malls, to address urgent safety and public health needs for individuals experiencing homelessness and housing instability, provided that the funds are used for non-congregate shelter or creating more permanent supportive housing; and (2) supportive services for individuals housed in the spaces described in paragraph (1), including— (A) activities listed in section 401(29) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360(29) ); (B) housing counseling; and (C) homeless prevention services. (b) Implementation The Secretary shall have authority to issue such regulations or other notices, guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner. 303. Eviction protection grant program (a) Authorization of appropriations There is authorized to be appropriated to the Secretary for fiscal year 2022, $800,000,000, to remain available until September 30, 2031, for an eviction protection grant program established by the Secretary to support experienced legal service providers in providing legal assistance at no cost to low-income tenants at risk of or subject to eviction. (b) Implementation The Secretary shall have authority to issue such regulations or other notices, guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner. 304. Mobile crisis intervention teams grants (a) Grant authorization The Attorney General may make grants to States, units of local government, public and community defender systems, and nonprofit organizations to create or expand mobile crisis intervention teams to address homelessness and reduce recidivism. (b) Application (1) In general An entity seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require, including an assurance described in paragraph (2). (2) Assurance described An assurance described in this paragraph is an assurance that— (A) the entity has in place a policy protecting employees, individuals, and communities served by the entity from discrimination under applicable civil rights laws; and (B) the policy described in subparagraph (A) includes protection from discrimination on the basis of gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (3) Nonprofit expertise In addition to the assurance described in paragraph (2), a nonprofit organization seeking a grant under this section shall demonstrate in the application submitted under this subsection that the organization has a proven history of— (A) successful engagement with populations experiencing homelessness and housing instability, including members of a population at higher risk of homelessness; or (B) assisting communities to engage in alternatives to penalizing homelessness. (c) Use of funds An entity that receives a grant under this section may use funds received under this section for creating, supporting, expanding, or studying mobile crisis intervention teams that are trained to provide stabilization services to individuals with an urgent medical or psychological need, as an alternative to a law enforcement response, which teams may include healthcare professionals, mental health professionals, addiction counselors, housing referral specialists, groups serving or representing justice system-involved or homeless individuals, and other related resource providers. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for the first fiscal year beginning after the date of enactment of this Act and for each of the 9 succeeding fiscal years thereafter. 305. Library consortium pilot grants Part A of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ) is amended by adding at the end the following: 506B. Library consortium pilot grants (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) an eligible library; (B) a library agency that is an official agency of a State or other unit of government and is charged by the law governing it with the extension and development of public library services within its jurisdiction; (C) an eligible library consortium; or (D) a library association that exists on a permanent basis, serves libraries or library professionals on a national, regional, State, or local level, and engages in activities designed to advance the well-being of libraries and the library profession. (2) Eligible library The term eligible library means— (A) a public library; (B) an elementary or secondary school library; (C) a library that is operated by an institution of higher education; (D) a research library or archive that is not an integral part of an institution of higher education and that makes publicly available library services and materials that are suitable for scholarly research and not otherwise available; or (E) a Tribal library. (3) Eligible library consortium The term eligible library consortium means a local, statewide, regional, interstate, or international cooperative association of library entities that provides for the systematic and effective coordination of the resources of eligible libraries, and information centers that work to improve the services delivered to the clientele of these libraries. (b) Grant program From amounts made available under this section for a fiscal year, the Assistant Secretary shall award grants, on a competitive basis, to eligible entities to enable those eligible entities to carry out pilot programs to address the needs of homeless individuals or individuals at risk of homelessness. (c) Use of funds (1) In general Each eligible entity receiving funds under this section may use such funds to provide programs or resources that address the needs of homeless individuals or individuals at risk of homelessness by— (A) connecting them with resources to help them transition to stable, independent or supported living, through the eligible entity’s own activities or through subgrants to eligible libraries, as appropriate; (B) providing homeless individuals or individuals at risk of homelessness with programs on issues such as health, mortgage or rental assistance, and applying for government benefits; or (C) partnering with other community organizations or the locality’s department of public health for outreach activities and connections to other relevant services. (2) Criteria for subgrants In awarding a subgrant under this section, an eligible entity shall— (A) require eligible libraries desiring a subgrant to submit an application containing— (i) the estimated number of homeless individuals or individuals at risk of homelessness that will be served under the homelessness-related programs to be funded by the subgrant; and (ii) any other criteria established by the grantee in the application submitted under subsection (d); and (B) give preference to eligible libraries that propose to carry out programs or develop resources that integrate existing Federal or State programs that serve homeless individuals or individuals at risk of homelessness. (d) Application An eligible entity desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Assistant Secretary may require. Each application shall include— (1) a description of the homelessness-related programs or resources that the eligible entity will support (in accordance with subsection (c)(1)) either through its own activities or through subgrants to eligible libraries; (2) a description of how community or governmental partners will be involved in the homelessness-related programs or resources provided by the eligible entity; and (3) in the case of projects that the eligible entity intends to carry out through subgrants— (A) a description of how the eligible entity will make subgrants, including any priorities or considerations that will be applied in making such subgrants; (B) a description of how the eligible entity will disseminate, in a timely manner, information regarding the subgrants, and the application process for such subgrants; (C) a description of the criteria that the eligible entity will require for the programs carried out by subgrantees with funds awarded by that eligible entity; and (D) an assurance that each eligible library that receives a subgrant will use the funds from that subgrant to provide programs that primarily serve homeless individuals or individuals at risk of homelessness. (e) Consultation In carrying out this section, the Assistant Secretary— (1) shall consult with the Director of the Institute of Museum and Library Services and the Secretary of Housing and Urban Development; and (2) may consult with the Interagency Council on Homelessness or any other appropriate Federal agency or office to help ensure that funds are disbursed and utilized effectively. (f) Reports Each eligible entity receiving a grant under this section for a fiscal year shall prepare and submit a report to the Assistant Secretary, in such form and containing such information, as the Assistant Secretary may reasonably require to determine the extent to which funds provided under this section have been effective in carrying out the purposes of this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for the first fiscal year beginning after the date of enactment of this section and for each of the 9 succeeding fiscal years thereafter. . 306. Report on inclusive transit-oriented development to enhance climate mitigation and disaster resiliency Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on how to add a focus to housing programs of the Department of Housing and Urban Development on— (1) infill projects that better connect people to jobs and transit and reduce greenhouse gas emissions; and (2) supporting developers and local governments constructing units on existing or underused urban land close to city amenities and transportation. 307. Establishing an innovation pilot within the carbon reduction program Section 175(c) of title 23, United States Code, is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (2) and inserting paragraphs (2) and (3) ; and (2) by adding at the end the following: (3) Innovation pilot (A) In general In addition to eligible projects under paragraphs (1) and (2), funds apportioned to a State under section 104(b)(7) may be used for innovative strategies to reduce transportation emissions, including associated infrastructure improvements that will increase the share of nonmotorized trips and improve the efficiency of existing surface transportation infrastructure to address carbon reduction. (B) Notice Not later than 120 days after the date of enactment of this paragraph, the Secretary shall provide notice and guidance for interested entities to participate in activities under subparagraph (A). (C) Exclusion Funds used to carry out a project under subparagraph (A) may not be used on a project that increases net capacity for vehicular travel. . 308. Making infill housing and other transportation efficiency projects eligible for RAISE grants Section 6702(a)(3) of title 49, United States Code, is amended— (1) in subparagraph (G), by striking and at the end; (2) by redesignating subparagraph (H) as subparagraph (I); and (3) by inserting after subparagraph (G) the following: (H) a project or series of projects to reduce transportation emissions, including associated infrastructure improvements to support infill development or transit-oriented development, and to increase nonmotorized trips, subject to the conditions that— (i) the project or series of projects shall directly improve the efficiency of existing surface transportation infrastructure; and (ii) the Federal share for the project or series of projects shall be used to fund only the elements of the project or series that provide public benefits; and . | https://www.govinfo.gov/content/pkg/BILLS-117s3788is/xml/BILLS-117s3788is.xml |
117-s-3789 | II 117th CONGRESS 2d Session S. 3789 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes.
1. Native American tourism grant programs The Native American Tourism and Improving Visitor Experience Act ( 25 U.S.C. 4351 et seq. ) is amended— (1) by redesignating section 6 ( 25 U.S.C. 4355 ) as section 7; and (2) by inserting after section 5 ( 25 U.S.C. 4354 ) the following: 6. Native American tourism grant programs (a) Bureau of Indian Affairs program The Director of the Bureau of Indian Affairs may make grants to Indian tribes and tribal organizations to carry out the purposes of this Act, as described in section 2. (b) Office of Native Hawaiian Relations The Director of the Office of Native Hawaiian Relations may make grants to Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary of the Interior to carry out this section such sums as may be necessary. . | https://www.govinfo.gov/content/pkg/BILLS-117s3789is/xml/BILLS-117s3789is.xml |
117-s-3790 | II 117th CONGRESS 2d Session S. 3790 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Marshall (for himself, Mrs. Blackburn , Mr. Braun , Mr. Cassidy , Mr. Cruz , Mr. Daines , Mrs. Hyde-Smith , Mr. Inhofe , Ms. Lummis , Mr. Rounds , Mr. Scott of Florida , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion.
1. Short title This Act may be cited as the Ultrasound Informed Consent Act . 2. Amendment to the Public Health Service Act The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXXIV INFORMED CONSENT 3401. Definitions In this title: (1) Abortion The term abortion means the intentional use or prescription of any instrument, medicine, drug, substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than— (A) to produce a live birth and preserve the life and health of the child after live birth; or (B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. (2) Abortion provider The term abortion provider means any person legally authorized to perform an abortion. (3) Unborn child The term unborn child means a member of the species homo sapiens, at any stage of development prior to birth. (4) Woman The term woman means a female human being whether or not she has reached the age of majority. 3402. Requirement of informed consent (a) Requirement of compliance by providers Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. (b) Performance and review of ultrasound Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, or an agent under the supervision of the provider, shall— (1) perform an obstetric ultrasound on the pregnant woman; (2) provide a simultaneous explanation of what the ultrasound is depicting; (3) display the ultrasound images so that the pregnant woman may view them; (4) make audible the live, real-time heart auscultation, when present, for the pregnant woman to hear, in a quality consistent with current medical practice, and provide, in a manner understandable to a layperson, a simultaneous verbal explanation of the live, real-time heart auscultation; and (5) provide a complete medical description of the ultrasound images, which shall include all of the following: the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of arms, legs, external members and internal organs if present and viewable, and provide a copy of the ultrasound image to the woman. (c) Ability To turn eyes away Nothing in this section shall be construed to prevent a pregnant woman from turning her eyes away from the ultrasound images required to be displayed and described to her. Neither the abortion provider nor the pregnant woman shall be subject to any penalty under this title if the pregnant woman declines to look at the displayed ultrasound images. 3403. Exception for medical emergencies (a) Exception The provisions of section 3402 shall not apply to an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. (b) Certification Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination. 3404. Penalties for failure to comply (a) Civil penalties (1) In general The Attorney General may commence a civil action in Federal court under this section against any abortion provider who knowingly commits an act constituting a violation of this title for a penalty in an amount not to exceed— (A) $100,000 for each such violation that is adjudicated in the first proceeding against such provider under this title; and (B) $250,000 for each violation of this title that is adjudicated in a subsequent proceeding against such provider under this title. (2) Notification Upon the assessment of a civil penalty under paragraph (1), the Attorney General shall notify the appropriate State medical licensing authority. (b) Private right of action A woman upon whom an abortion has been performed in violation of this title may commence a civil action against the abortion provider for any violation of this title for actual and punitive damages. For purposes of the preceding sentence, actual damages are objectively verifiable money damages for all injuries. . 3. Preemption Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act. 4. Requirement for funding As a condition for receiving any Federal funds or assistance, an abortion provider shall comply with the requirements of title XXXIV of the Public Health Service Act, as added by this Act. 5. Severability If any provision of this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and any application thereof shall not be affected by such finding. | https://www.govinfo.gov/content/pkg/BILLS-117s3790is/xml/BILLS-117s3790is.xml |
117-s-3791 | II 117th CONGRESS 2d Session S. 3791 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mrs. Capito (for herself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XVIII and XIX of the Social Security Act to provide for coverage of prescription digital therapeutics under such titles, and for other purposes.
1. Short title This Act may be cited as the Access to Prescription Digital Therapeutics Act of 2022 . 2. Coverage and payment of prescription digital therapeutics under the Medicare program (a) Prescription digital therapeutic defined Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (lll) Prescription digital therapeutic The term prescription digital therapeutic means a product, device, internet application, or other technology that— (1) is cleared or approved under section 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act; (2) has a cleared or approved indication for the prevention, management, or treatment of a medical disease, condition, or disorder; (3) primarily uses software to achieve its intended result; and (4) is a device that is exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act under section 801.109 of title 21 of the Code of Federal Regulations (or any successor regulation). . (b) Coverage as medical and other health service Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) in subparagraph (GG), by striking and at the end; (2) in subparagraph (HH), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (II) prescription digital therapeutics furnished on or after January 1, 2023; . (c) Requirements for prescription digital therapeutics under Medicare Part B of the Social Security Act ( 42 U.S.C. 1395j et seq. ) is amended by inserting after section 1834A the following new section: 1834B. Requirements for prescription digital therapeutics (a) Payment (1) In general Not later than 1 year after the date of enactment of this section, the Secretary shall establish a payment methodology for manufacturers of prescription digital therapeutics, which may consist of a one-time payment or periodic payments, as determined appropriate by the Secretary. (2) Considerations for payment methodology For purposes of establishing the payment methodology under paragraph (1), the Secretary shall consider— (A) the actual list charge of such prescription digital therapeutic; (B) the weighted median (calculated by arraying the distribution of all payment rates reported for the most recent period for which such rates were reported under subsection (c)(1) for each prescription digital therapeutic weighted by volume for each payor and each manufacturer) for such prescription digital therapeutic; (C) in the case of a prescription digital therapeutic that requires ongoing use, the amount for such ongoing use; and (D) other factors as determined by the Secretary. (b) Coding (1) In general Not later than 2 years after the date of enactment of this section, the Secretary shall establish product-specific HCPCS codes for prescription digital therapeutic covered under this title. (2) Temporary code The Secretary shall adopt temporary product-specific HCPCS codes for purposes of providing payment under this title until a permanent product-specific HCPCS code has been established under paragraph (1). (c) Manufacturer reporting (1) In general Beginning on January 1, 2023, each manufacturer of a prescription digital therapeutic covered under this title shall submit to the Secretary, at such time and in such manner as specified by the Secretary, and annually thereafter, a report describing— (A) the payment rate that was paid by each private payor for each prescription digital therapeutic during the period specified by the Secretary; (B) the volume of such prescription digital therapeutic distributed to each such payor for such period; and (C) the number of individual users of such prescription digital therapeutic for such period. (2) Treatment of discounts The payment rate reported by a manufacturer in accordance with paragraph (1)(A) shall reflect all discounts, rebates, coupons, and other price concessions, including those described in section 1847A(c)(3). (3) Civil monetary penalty (A) In general If the Secretary determines that a manufacturer has failed to report, or made a misrepresentation or omission in reporting, information under this subsection with respect to a prescription digital therapeutic, the Secretary may apply a civil money penalty in an amount of up to $10,000 per day for each failure to report or each such misrepresentation or omission. (B) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a). (4) Confidentiality Information reported under this subsection shall be treated in the same manner in which information disclosed by a manufacturer or a wholesaler of a covered outpatient drug is treated under section 1927(b)(3)(D). (d) Definitions For purposes of this section: (1) Actual list charge The term actual list charge means the publicly available payment rate for a prescription digital therapeutic on the first day that such prescription digital therapeutic is available for purchase by a private payor. (2) HCPCS The term HCPCS means, with respect to an item, the code under the Healthcare Common Procedure Coding System (HCPCS) (or a successor code) for such item. (3) Manufacturer The term manufacturer has the meaning given such term by section 820.3(o) of title 21, Code of Federal Regulations (or any successor regulation). (4) Prescription digital therapeutic The term prescription digital therapeutic has the meaning given such term in section 1861(lll). (5) Private payor The term private payor has the meaning given such term in section 1834A(a)(8). . 3. Coverage of prescription digital therapeutics under the Medicaid program Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— (1) in paragraph (30), by striking ; and and inserting a semicolon; (2) by redesignating paragraph (31) as paragraph (32); and (3) by inserting the following paragraph after paragraph (30): (31) prescription digital therapeutics (as defined in section 1861(lll)); and . | https://www.govinfo.gov/content/pkg/BILLS-117s3791is/xml/BILLS-117s3791is.xml |
117-s-3792 | II 117th CONGRESS 2d Session S. 3792 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Carper (for himself, Mr. Scott of South Carolina , Mr. Tillis , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to extend acute hospital care at home waiver flexibilities.
1. Short title This Act may be cited as the Hospital Inpatient Services Modernization Act . 2. Extending acute hospital care at home waiver flexibilities Section 1812 of the Social Security Act ( 42 U.S.C. 1395d ) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) (1) During the period beginning on the date of the enactment of this subsection and ending on the date that is 2 years after the end of the emergency period described in section 1135(g)(1)(B), inpatient hospital services or inpatient critical access hospital services described in subsection (a)(1) shall include services (including telehealth services as defined in section 1834(m)) furnished to an individual by an Acute Hospital Care at Home Program (as defined by the Secretary). (2) With respect to telehealth services furnished by an Acute Hospital Care at Home Program during the period described in paragraph (1), the requirements described in section 1834(m)(4)(C)(i) shall not apply and the sites described in section 1834(m)(4)(C)(ii) shall include the home or temporary residence of the individual. (3) With respect to services furnished in the home or temporary residence of the individual through an Acute Hospital Care at Home Program during such period, the requirement for providing 24-hour nursing services and immediate availability of nursing services as conditions of participation shall also be satisfied by providing virtual access to nurses, advanced practice providers, or physicians 24 hours per day. (4) With respect to services furnished in the home or temporary residence of the individual through an Acute Hospital Care at Home Program during such period, life safety code requirements shall be deemed satisfied for homes or temporary residences determined to be safe and appropriate for this care by the Acute Hospital Care at Home Program. (5) Not later than 12 months after the date of the enactment of this subsection, the Secretary shall issue regulations establishing health and safety requirements for Acute Hospital Care at Home Programs. . 3. Evaluation and report on acute hospital care at home and hospital without walls waivers (a) Evaluation The Secretary of Health and Human Services shall conduct an evaluation of the Acute Hospital Care at Home and Hospital Without Walls waivers issued pursuant to the authority under section 1135(b) of the Social Security Act ( 42 U.S.C. 1320b–5(b) ). Such evaluation shall include an analysis of— (1) relevant data collected by the Centers for Medicare & Medicaid Services related to such waivers; and (2) the quality of care provided, patient outcomes, beneficiary access, health disparities, patient safety, cost, and utilization. (b) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the evaluation conducted under subsection (a), together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s3792is/xml/BILLS-117s3792is.xml |
117-s-3793 | II 117th CONGRESS 2d Session S. 3793 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Scott of South Carolina (for himself and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XI of the Social Security Act to recommend that the Center for Medicare and Medicaid Innovation test the effect of technology-enabled care interventions in the home to coordinate care over time and across settings, improve quality, and lower costs for certain Medicare Advantage beneficiaries, and for other purposes.
1. Short title This Act may be cited as the Technology-Enabled Care in the Home (TECH) Act . 2. Center for Medicare and Medicaid innovation testing of Medicare Advantage telehealth, remote patient monitoring, and other technology-enabled care interventions in the home demonstration project Section 1115A of the Social Security Act ( 42 U.S.C. 1315a ) is amended— (1) in subsection (b)(2)(B), by adding at the end the following new clause: (xxviii) Furnishing telehealth, remote patient monitoring, and other technology-enabled care interventions in the home to eligible individuals as described in subsection (h). ; and (2) by adding at the end the following new subsection: (h) Medicare Advantage telehealth, remote patient monitoring, and other technology-Enabled care interventions in the home demonstration project (TECH demonstration project) (1) Description of demonstration project and requirements (A) In general The demonstration project described in this subsection (referred to in this subsection as the TECH demonstration project) is a demonstration project to test the use of telehealth services, remote patient monitoring, and other technology-enabled care interventions in the home for eligible enrollees authorized under Medicare Advantage organizations under part C of title XVIII and restricted to such organizations that are participating in the CMI’s Value-Based Insurance Design model in 2023. The demonstration project will test the effectiveness of these technology-enabled interventions on— (i) the provision of care in homes and congregate care settings for the management of disease progression, patient health, care quality, patient care experience, and caregiver well-being; and (ii) reducing spending under part C of title XVIII without reducing quality of care. (B) Voluntary participation Participation under the TECH demonstration project shall be voluntary with respect to both eligible enrollees and Medicare Advantage organizations. (2) Duration The TECH demonstration project shall be implemented for a 3-year period, beginning not later than 18 months after the date of the enactment of this subsection. (3) Enrollment The TECH demonstration project shall establish a comparison group and enroll sufficient numbers of eligible enrollees to achieve statistically significant findings on quality and cost for the demonstration project and for specific sub-populations, including those based on geography, socioeconomic status, age, race, and ethnicity. (4) Definitions In this subsection: (A) Eligible enrollee The term eligible enrollee means a chronically ill enrollee (as defined in section 1852(a)(3)(D)(iii)). (B) Remote patient monitoring The term remote patient monitoring means connected digital technologies and mobile medical devices that collect clinical grade, patient-generated health data from individuals in one location and electronically transmit that information securely to a care team in a different location for assessment and intervention. (C) Telehealth services The term telehealth services means telehealth services (as defined in subparagraph (F) of section 1834(m)(4), but without regard to geographic or other originating site requirements described in subparagraph (C) of such section). (D) Other technology-enabled care interventions The term technology-enabled care interventions means mobile, digital, or electronic health services and systems that enable the remote, secure exchange of information primarily between a health or care provider and a patient in a home or congregate care setting for the purpose of diagnosing or managing a health condition. (5) Funding Out of amounts appropriated under subsection (f)(1)(C) for the 10-year fiscal period beginning with fiscal year 2020, $25,000,000 shall be made available to carry out this subsection. . 3. Changes to the administrative finality policy of the Social Security Administration (a) In general Section 205(c) of the Social Security Act ( 42 U.S.C. 401(c) ) is amended— (1) by striking paragraphs (4) and (5) and inserting the following: (4) The Commissioner of Social Security may, if it is brought to the Commissioner's attention that any entry of wages or self-employment income in the Commissioner's records for a year is erroneous or that any item of wages or self-employment income for such year has been omitted from such records, correct such entry or include such omitted item in the individual's records, as the case may be. After the expiration of the time limitation following any year— (A) the Commissioner's records (with changes, if any, made pursuant to such regulations as the Commissioner shall establish) of the amounts of wages paid to, and self-employment income derived by, an individual during any period in such year shall be conclusive for the purposes of this title; (B) the absence of an entry in the Commissioner's records as to the wages alleged to have been paid by an employer to an individual during any period in such year shall be presumptive evidence for the purposes of this title that no such alleged wages were paid to such individual in such period; and (C) the absence of an entry in the Commissioner's records as to the self-employment income alleged to have been derived by an individual in such year shall be conclusive for the purposes of this title that no such alleged self-employment income was derived by such individual in such year unless it is shown that the individual filed a tax return of the individual's self-employment income for such year before the expiration of the time limitation following such year, in which case the Commissioner of Social Security shall include in the Commissioner's records the self-employment income of such individual for such year. ; (2) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and (3) in paragraph (5), as so redesignated, by striking under paragraph (4) or (5) and inserting made by the Commissioner of Social Security in accordance with such regulations as the Commissioner shall establish . (b) Requiring SSA To adjust administrative finality policy Not later than 6 months after the date of enactment, the Commissioner of Social Security shall promulgate regulations establishing processes and criteria for correcting the Commissioner's records of the wages and self-employment income of individuals for purposes of title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) in accordance with section 205(c)(4) of such Act, as amended by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3793is/xml/BILLS-117s3793is.xml |
117-s-3794 | II 117th CONGRESS 2d Session S. 3794 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Ms. Smith (for herself, Ms. Klobuchar , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to establish an emergency grant aid program, and for other purposes.
1. Short title This Act may be cited as the Emergency Grant Aid for College Students Act . 2. Emergency financial aid grant program Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1070b et seq. ) is amended by adding at the end the following: F Emergency Financial Aid Grants 791. Emergency financial aid grant program (a) Emergency financial aid grant programs authorized The Secretary shall carry out a grant program to make grants, in accordance with subsection (b), to eligible entities to provide emergency financial aid grants to eligible students in accordance with subsection (c). (b) Application (1) In general Each eligible entity desiring to carry out an emergency grant aid program under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Outreach The Secretary shall, at least 60 days before each deadline to submit applications under paragraph (1), conduct outreach to institutions of higher education (including such institutions that are eligible for priority under this section) and systems of higher education to provide such institutions and systems with information on the opportunity to apply under paragraph (1) to carry out an emergency grant aid program under this section. (3) Contents Each application under paragraph (1) shall include a description of the emergency grant aid program to be carried out by the eligible entity, including— (A) an estimate of the number of emergency financial aid grants that such entity will make in an award year and how such eligible entity assessed such estimate; (B) the criteria the eligible entity will use to determine a student's eligibility for an emergency financial aid grant; (C) an assurance that an emergency for which an eligible student will be eligible to receive an emergency financial aid grant will include financial challenges related to any component of the student's cost of attendance or financial challenges that would impact the ability of an eligible student to continue the course of study of such student; (D) an assurance that the eligible entity, when applicable, will make information available to eligible students about the eligibility of such students, and their dependents, as applicable, for assistance under means-tested Federal benefit programs, including— (i) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (ii) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), a nutrition assistance program carried out under section 19 of such Act ( 7 U.S.C. 2028 ), or a supplemental nutrition assistance program carried out under section 3(c) of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes ( Public Law 95–348 ); (iii) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (iv) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (v) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); (vi) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (vii) Federal housing assistance programs, including tenant-based assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), and public housing, as defined in section 3(b)(1) of such Act ( 42 U.S.C. 1437a(b)(1) ); (viii) the refundable credit for coverage under a qualified health plan under section 36B of the Internal Revenue Code of 1986; (ix) the Earned Income Tax Credit under section 32 of the Internal Revenue Code of 1986; or (x) any other means-tested program determined by the Secretary to be appropriate; (E) how the eligible entity will administer the emergency grant aid program, including— (i) the process by which an eligible student may apply for and receive an emergency grant, which shall include an opportunity to apply online, and at least 1 opportunity to appeal a grant denial; (ii) the processes the eligible entity will use to respond to applications, approve applications, and disburse emergency financial aid grants, including outside of normal business hours; (iii) how the eligible entity will advertise emergency grants to eligible students; and (iv) how quickly the eligible entity will disburse emergency aid grants to students after applications have been submitted; (F) an assurance that the eligible entity will acknowledge receipt of a student’s application and fund approved applications not later than 10 business days after the date of the approval; (G) an assurance that the eligible entity will conduct outreach to students to inform them of the availability of, and process for applying for, emergency aid grants; (H) a description of how the eligible entity will prioritize eligible students with financial need in awarding emergency financial aid grants; and (I) any other information the Secretary may require. (4) Priority In selecting eligible entities to carry out an emergency grant aid program under this section, the Secretary may give priority to— (A) an eligible entity that is a community college; (B) an eligible entity that is an institution of higher education described in section 371(a); (C) an eligible entity that is considered rural according to the National Center for Education Statistics for purposes of the Integrated Postsecondary Data System; (D) an eligible entity in which not less than 33 percent of the students enrolled at such eligible entity are eligible to receive a Federal Pell Grant; or (E) an eligible entity that— (i) has an admissions rate that is 50 percent or higher and is under-resourced; or (ii) is an eligible institution as defined in section 312(b). (c) Use of funds (1) In general An eligible entity may only use funds provided under this section to make emergency financial aid grants to eligible students. (2) Amount of awards (A) In general An eligible student may receive an amount under this section that would cause the amount of total financial aid received by such student to exceed the cost of attendance of the institution of higher education in which the student is enrolled. (B) Maximum amounts received An eligible student may not receive a cumulative amount under this section for an academic year that is more than the maximum Federal Pell Grant available for such academic year. (3) Determinations In determining eligibility for and awarding emergency financial aid grants under this section, an eligible entity may— (A) waive the amount of need calculation under section 471; and (B) utilize a contract with a scholarship-granting organization designated for the sole purpose of accepting applications from, or disbursing funds to, students enrolled in the institution of higher education, if such scholarship-granting organization disburses the full allocated amount provided to the institution of higher education to the student recipients. (d) Reporting and oversight (1) In general Not less frequently than once annually, each eligible entity that receives a grant under this section shall submit to the Secretary a report on the progress of the eligible entity in carrying out the programs supported by such grant. (2) Form of report The report under paragraph (1) shall be submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall issue uniform guidelines describing the information that shall be reported by grantees under such paragraph. (3) Content of report The report under paragraph (1) shall include, at minimum, the following: (A) The average, minimum, and maximum amount of grants made available to eligible students, including any average, minimum, or maximum grant levels made to any specific subgroups of eligible students, including the subgroups listed in subparagraph (B). (B) A description of any specific subgroups of eligible students who were prioritized for the emergency financial aid grants, including students of color, low-income students, first-generation college students, students with disabilities, English learners, students experiencing homelessness, former foster youth, or student parents. (C) The number of eligible students who received an emergency financial aid grant, including the number of eligible students who received more than one such grant, and the number of eligible students in each of the subgroups described in subparagraph (B) who received an emergency financial aid grant, including the number of eligible students in each of such subgroups who received more than one such grant. (D) The types of emergencies declared and frequencies of emergencies declared by eligible students. (E) The number of students who applied for an emergency financial aid grant, including the number of eligible students in each of the subgroups described in subparagraph (B) who applied for an emergency financial aid grant. (F) The number of students who were denied such a grant. (G) The number of students who appealed a denial of such grant. (H) The average amount of time it took an eligible entity to respond to requests for such a grant and the average amount of time it took the eligible entity to award or deny such a grant. (I) A description and amount of any institutional funds used to supplement emergency financial aid grants provided in accordance with this section. (J) Outcomes of the eligible students who received such a grant, including rates of persistence, retention, and completion. (K) A description of the method used to disburse emergency grants to students. (e) Determination of awards Notwithstanding any other provision of law, an eligible entity that receives a grant under this section shall solely determine which students receive emergency financial aid grants under this section. (f) Special rules An emergency financial aid grant awarded to a student under this section— (1) shall not be treated as estimated financial assistance or other financial assistance for the purposes of section 471 or section 480; (2) shall not be considered— (A) income or assets (including untaxed income and benefits under section 480(b)) in the computation of a student’s expected family contribution or student aid index in determining the amount of aid for which the student is eligible under title IV for any academic year; and (B) in determining eligibility for other public benefits; and (3) shall not be included in the gross income of such student for purposes of the Internal Revenue Code of 1986. (g) Eligibility for benefits No individual shall be determined to be ineligible to receive benefits provided under this section on the basis of citizenship, alienage, or immigration status. (h) Definitions In this section: (1) Community college The term community college means— (A) a degree-granting public institution of higher education (as defined in section 101) at which— (i) the highest degree awarded is an associate degree; or (ii) an associate degree is the most frequently awarded degree; (B) a 2-year Tribal College or University (as defined in section 316(b)(3)); (C) a degree-granting Tribal College or University (as defined in section 316(b)(3)) at which— (i) the highest degree awarded is an associate degree; or (ii) an associate degree is the most frequently awarded degree; or (D) a branch campus of a 4-year public institution of higher education (as defined in section 101), if, at such branch campus— (i) the highest degree awarded is an associate degree; or (ii) an associate degree is the most frequently awarded degree. (2) Eligible entity The term eligible entity means an institution of higher education. (3) Eligible student The term eligible student means any student who is enrolled in an eligible entity. (4) Institution of higher education Notwithstanding any other provision of this Act, the term institution of higher education has the meaning given the term in section 101 or 102(c). (i) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s3794is/xml/BILLS-117s3794is.xml |
117-s-3795 | II 117th CONGRESS 2d Session S. 3795 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Ms. Baldwin (for herself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To recognize the refugee and immigrant communities from Cambodia, Laos, and Vietnam including the Hmong, Cham, Cambodian, Iu-Mien, Khmu, Lao, Montagnard, and Vietnamese Americans who supported and defended the Armed Forces during the conflict in Southeast Asia, authorize assistance to support activities relating to clearance of unexploded ordnance and other explosive remnants of war, and for other purposes.
1. Short title This Act may be cited as the Legacies of War Recognition and Unexploded Ordnance Removal Act . 2. Recognition of the Hmong, Cham, Cambodian, Iu-Mien, Khmu, Lao, Montagnard, and Vietnamese communities who supported and defended the Armed Forces in Southeast Asia (a) Findings Congress finds the following: (1) Many Hmong, Cham, Cambodian, Iu-Mien, Khmu, Lao, Montagnard and Vietnamese— (A) fought and died with United States Armed Forces during the conflict in Southeast Asia in the 1960s and 1970s; (B) rescued United States pilots shot down in enemy-controlled territory and returned the pilots to safety; (C) gathered and provided to the United States Armed Forces intelligence about enemy troop positions, movement, and strength; and (D) provided food, shelter, and support to the United States Armed Forces. (2) The National Armed Forces of Cambodia facilitated the evacuation of the United States Embassy in Phnom Penh on April 12, 1975, by continuing to fight Khmer Rouge forces as they advanced upon the capital. (3) The unexploded ordnance (UXO) in Vietnam, Laos, and Cambodia that still litter forests, rice fields, villages, school grounds, roads, and other populated areas hinder development and poverty reduction efforts. (4) Vietnam remains one of the world’s most contaminated countries, with an estimated 800,000 tons of UXO left over from the conflict in Southeast Asia that ended more than 40 years ago. Since 1975, mine and UXO accidents have caused more than 105,000 casualties, including more than 38,000 deaths of Vietnamese civilians. (5) In Laos, much of the country’s land remains contaminated with tens of millions of small, unexploded cluster munitions. Since 1964, explosive remnants of war have injured or killed more than 50,000 civilians in Laos. (6) Cambodia has experienced one of the highest rates of landmine and UXO casualties in the world. Over 64,000 Cambodians have been killed or injured by UXO and other explosive remnants of war since 1979. (7) The United States is the world’s leading financial supporter of demining and UXO removal programs. Since 1993, the United States has worked to locate and destroy UXO and other explosive remnants of war in more than 100 countries, including in Vietnam, Laos, and Cambodia. (b) Sense of Congress It is the sense of Congress that— (1) the Hmong, Cham, Cambodian, Iu-Mien, Khmu, Lao, Montagnard, and Vietnamese Americans deserve recognition for their support and defense of the United States Armed Forces during the conflict in Southeast Asia; and (2) the United States should continue to support activities to clear UXO and other explosive remnants of war in Vietnam, Laos, and Cambodia, and strengthen people-to-people ties and reaffirm America’s long-standing commitment to Southeast Asia. 3. Authorization of assistance for Vietnam, Laos, and Cambodia (a) In general The President is authorized to provide humanitarian assistance for programs to support the activities described in subsection (b). (b) Activities supported Activities that may be supported by assistance under subsection (a) include the following: (1) Developing national surveys of unexploded ordnance (UXO) and other explosive remnants of war in Vietnam, Laos, and Cambodia. (2) Providing for clearance of such UXO and other explosive remnants of war. (3) Providing assistance for capacity building, risk education, and assistance to survivors, including medical assistance and prosthetic devices, in Vietnam, Laos, and Cambodia related to both UXO and other explosive remnants of war. (c) Coordination In carrying out this section, the President shall seek to consult, partner, and coordinate with international organizations, civil society, donor governments, and other stakeholders, as appropriate, to leverage their expertise, financial support, and resources to minimize duplication of efforts and maximize the efficient and effective provision of United States assistance. (d) Briefings (1) Annual briefings The President shall provide annual briefings to the appropriate committees of Congress on activities undertaken in accordance with this section. (2) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Committee of Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (e) Authorization of appropriations There is authorized to be appropriated to the President to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s3795is/xml/BILLS-117s3795is.xml |
117-s-3796 | II 117th CONGRESS 2d Session S. 3796 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Murphy (for himself and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To eliminate the opt-out for nonfederal governmental health plans.
1. Short title This Act may be cited as the Closing Health Coverage Gaps for Public Servants Act . 2. Eliminating the opt-out for nonfederal governmental health plans Section 2722(a)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–21(a)(2) ) is amended by adding at the end the following new subparagraph: (F) Sunset of election option (i) In general Notwithstanding the preceding provisions of this paragraph— (I) no election described in subparagraph (A) may be made on or after the date of enactment of this subparagraph; and (II) except as provided in clause (ii), no such election expiring on or after the date that is 180 days after the date of such enactment may be renewed. (ii) Exception for certain collectively bargained plans Notwithstanding clause (i)(II), a plan described in subparagraph (B)(ii) that is subject to multiple agreements described in such subparagraph of varying lengths and that has an election in effect under subparagraph (A) as of the date of enactment of this subparagraph that expires on or after the date that is 180 days after the date of such enactment may extend such election until the date on which the term of the last such agreement expires. . | https://www.govinfo.gov/content/pkg/BILLS-117s3796is/xml/BILLS-117s3796is.xml |
117-s-3797 | II 117th CONGRESS 2d Session S. 3797 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Merkley (for himself, Mr. Cassidy , Ms. Duckworth , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title V of the Social Security Act to support stillbirth prevention and research, and for other purposes.
1. Short title This Act may be cited as the Maternal and Child Health Stillbirth Prevention Act of 2022 . 2. Findings Congress finds the following: (1) According to the Centers for Disease Control and Prevention— (A) in the United States, 1 in 169 births are affected by stillbirth each year amounting to 23,500 stillbirths annually, of which 6,900 of these are Black or African-American stillbirths; (B) the number of stillbirths each year is greater than the number of babies that die during the first year of life; (C) annual stillbirths are more than ten times the number of annual deaths due to Sudden Infant Death Syndrome (SIDS); (D) stillbirth occurs across all demographics and in otherwise healthy pregnancies. It is most common, however, among women who— (i) are Black or African American, at two times more likely than White women to have a stillbirth; (ii) are of lower socioeconomic status; (iii) are diagnosed with high blood pressure, diabetes, obesity, or other medical conditions; (iv) are 35 years of age or older; (v) smoke cigarettes while pregnant; (vi) have previously experienced pregnancy loss; or (vii) have multiple pregnancies, for example triplets; and (E) while the rate of stillbirth has declined since the 1940s due to improvements in maternity care, in recent years, the decline has slowed or halted. (2) According to a study by researcher Wall-Wieler et al., published in Obstetrics and Gynecology, the risk of severe maternal morbidity among stillbirth deliveries was more than fourfold higher compared with live birth deliveries . (3) According to a study by researcher McClure et al., published in the International Journal of Gynecology and Obstetrics, stillbirth was significantly associated with maternal mortality . (4) According to a review article by Murphy and Cacciatore, published in Seminars in Fetal & Neonatal Medicine, stillbirth has psychological impacts on parents like grief, shame, and guilt and impacts to family functioning and well-being. (5) Stillbirth, and the disparity in those impacted by stillbirth requires further research, support, and prevention programming. 3. Clarification supporting permissible use of funds for stillbirth prevention activities Section 501(a) of the Social Security Act ( 42 U.S.C. 701(a) ) is amended— (1) in paragraph (1)(B), by inserting to reduce the incidence of stillbirth, after among children, ; and (2) in paragraph (2), by inserting after follow-up services the following: , and for evidence-based programs and activities and outcome research to reduce the incidence of stillbirth (including tracking and awareness of fetal movements, improvement of birth timing for pregnancies with risk factors, initiatives that encourage safe sleeping positions during pregnancy, screening and surveillance for fetal growth restriction, efforts to achieve smoking cessation during pregnancy, community-based programs that provide home visits or other types of support, and any other research or evidence-based programming to prevent stillbirths) . | https://www.govinfo.gov/content/pkg/BILLS-117s3797is/xml/BILLS-117s3797is.xml |
117-s-3798 | II 117th CONGRESS 2d Session S. 3798 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Rubio (for himself, Mr. Sullivan , Mr. Daines , Mr. Cramer , Mr. Marshall , Mr. Tillis , Mr. Hoeven , Mr. Scott of Florida , Mr. Lankford , Mr. Inhofe , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the importation of crude oil, petroleum, petroleum products, and liquefied natural gas from Venezuela and Iran.
1. Short title This Act may be cited as the Preempting Misguided Appeasement and Financing of Destabilizing Regimes Act of 2022 . 2. Prohibition on importation of crude oil, petroleum, petroleum products, and liquefied natural gas from Venezuela and Iran (a) Finding Congress makes the following findings: (1) Article XXI of the General Agreement on Tariffs and Trade provides for security exceptions to the rules of the World Trade Organization to allow a member of the World Trade Organization to take actions necessary for the protection of its essential security interests during time of war or other emergency in international relations or to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security . (2) The actions of the Bolivarian Republic of Venezuela and the Islamic Republic of Iran to finance and facilitate the participation of foreign terrorist organizations in ongoing conflicts and illicit activities, in a manner that is detrimental to the security interests of the United States, warrants taking action under that Article. (b) Prohibition The importation of crude oil, petroleum, petroleum products, and liquefied natural gas from Venezuela and Iran is prohibited. (c) Exception The prohibition under subsection (b) does not apply with respect to crude oil, petroleum, petroleum products, or liquefied natural gas seized by the United States Government for violations of sanctions imposed by the United States. (d) Effective date The prohibition under subsection (b) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3798is/xml/BILLS-117s3798is.xml |
117-s-3799 | II 117th CONGRESS 2d Session S. 3799 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mrs. Murray (for herself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prepare for, and respond to, existing viruses, emerging new threats, and pandemics.
1. Short title; table of contents (a) Short title This Act may be cited as the Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act or the PREVENT Pandemics Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Strengthening Federal and State preparedness Subtitle A—Federal leadership and accountability Sec. 101. Comprehensive review of the COVID–19 response. Sec. 102. Appointment and authority of the Director of the Centers for Disease Control and Prevention. Sec. 103. Additional provisions related to the Centers for Disease Control and Prevention. Sec. 104. Public health and medical preparedness and response coordination. Sec. 105. Strengthening public health communication. Sec. 106. Office of Pandemic Preparedness and Response Policy. Subtitle B—State and local readiness Sec. 111. Improving State and local public health security. Sec. 112. Supporting access to mental health and substance use disorder services during public health emergencies. Sec. 113. Trauma care reauthorization. Sec. 114. Assessment of containment and mitigation of infectious diseases. TITLE II—Improving public health preparedness and response capacity Subtitle A—Addressing disparities and improving public health emergency responses Sec. 201. Addressing social determinants of health and improving health outcomes. Sec. 202. National Academies of Sciences, Engineering, and Medicine report. Subtitle B—Improving public health data Sec. 211. Modernizing biosurveillance capabilities and infectious disease data collection. Sec. 212. Genomic sequencing, analytics, and public health surveillance of pathogens. Sec. 213. Supporting public health data availability and access. Sec. 214. Epidemic forecasting and outbreak analytics. Sec. 215. Report on CDC data portal. Sec. 216. Public health data transparency. Subtitle C—Revitalizing the public health workforce Sec. 221. Improving recruitment and retention of the frontline public health workforce. Sec. 222. Awards to support community health workers and community health. Sec. 223. Improving public health emergency response capacity. Sec. 224. Extension of authorities to support health professional volunteers at community health centers. Sec. 225. Increasing educational opportunities for allied health professions. Sec. 226. Public Health Service Corps annual and sick leave. Subtitle D—Improving public health responses Sec. 231. Centers for public health preparedness and response. Sec. 232. Vaccine distribution plans. Sec. 233. Coordination and collaboration regarding blood supply. TITLE III—Accelerating research and countermeasure discovery Subtitle A—Fostering research and development and improving coordination Sec. 301. Research and activities related to long-term health effects of SARS–CoV–2 infection. Sec. 302. Research centers for pathogens of pandemic concern. Sec. 303. Improving medical countermeasure research coordination. Sec. 304. Accessing specimen samples and diagnostic tests. Subtitle B—Improving biosafety and biosecurity Sec. 311. Improving control and oversight of select biological agents and toxins. Sec. 312. Strategy for Federal high-containment laboratories. Sec. 313. National Science Advisory Board for Biosecurity. Sec. 314. Research to improve biosafety. Sec. 315. Federally-funded research with enhanced pathogens of pandemic potential. Subtitle C—Preventing undue foreign influence in biomedical research Sec. 321. Foreign talent programs. Sec. 322. Securing identifiable, sensitive information. Sec. 323. Duties of the Director. Sec. 324. Protecting America’s biomedical research enterprise. Sec. 325. GAO Study. Sec. 326. Report on progress to address undue foreign influence. TITLE IV—Modernizing and strengthening the supply chain for vital medical products Sec. 401. Warm base manufacturing capacity for medical countermeasures. Sec. 402. Supply chain considerations for the Strategic National Stockpile. Sec. 403. Strategic National Stockpile equipment maintenance. Sec. 404. Improving transparency and predictability of processes of the Strategic National Stockpile. Sec. 405. Improving supply chain flexibility for the Strategic National Stockpile. Sec. 406. Reimbursement for certain supplies. Sec. 407. Action reporting on stockpile depletion. Sec. 408. Provision of medical countermeasures to Indian programs and facilities. Sec. 409. Grants for State strategic stockpiles. TITLE V—Enhancing development and combating shortages of medical products Subtitle A—Development and review Sec. 501. Advancing qualified infectious disease product innovation. Sec. 502. Modernizing clinical trials. Sec. 503. Accelerating countermeasure development and review. Sec. 504. Third party test evaluation during emergencies. Sec. 505. Facilitating the use of real world evidence. Sec. 506. Platform technologies. Sec. 507. Increasing EUA decision transparency. Sec. 508. Improving FDA guidance and communication. Sec. 509. GAO study and report on hiring challenges at FDA. Subtitle B—Mitigating shortages Sec. 511. Ensuring registration of foreign drug and device manufacturers. Sec. 512. Extending expiration dates for certain drugs. Sec. 513. Unannounced foreign facility inspections pilot program. Sec. 514. Combating counterfeit devices. Sec. 515. Strengthening medical device supply chains. Sec. 516. Preventing medical device shortages. Sec. 517. Remote records assessments for medical devices. Sec. 518. Advanced manufacturing technologies designation pilot program. Sec. 519. Technical corrections. I Strengthening Federal and State preparedness A Federal leadership and accountability 101. Comprehensive review of the COVID–19 response (a) Establishment of task force There is established in the legislative branch a task force to be known as the National Task Force on the Response of the United States to the COVID–19 Pandemic (referred to in this section as the Task Force ). (b) Purposes The purposes of the Task Force are to— (1) examine, assess, and report upon the United States’ preparedness for, and response to, the COVID–19 pandemic, including— (A) the initial Federal, State, local, and territorial responses in the United States; (B) the ongoing Federal, State, local, and territorial responses in the United States, including the activities, policies, and decisions of the Trump Administration and the Biden Administration; (C) the impact of the pandemic on public health and health care systems; and (D) the initial outbreak in Wuhan, China, including efforts to determine the potential causes for the emergence of the SARS–CoV–2 virus, and Federal actions to mitigate its spread internationally; (2) build upon existing or ongoing evaluations and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of other appropriate task forces, committees, commissions, or entities established by other public or nonprofit private entities related to the United States’ preparedness for, and response to, the COVID–19 pandemic; (3) identify gaps in public health preparedness and medical response policies, processes, and activities, including disparities in COVID–19 infection and mortality rates among people of color, older adults, people with disabilities, and other vulnerable or at-risk groups, and how such gaps impacted the ability of the United States to respond to the COVID–19 pandemic; and (4) submit a report to the President and to Congress on its findings, conclusions, and recommendations to improve the United States preparedness for, and response to, future public health emergencies, including a public health emergency resulting from an emerging infectious disease. (c) Composition of Task Force; meetings (1) Members The Task Force shall be composed of 12 members, of whom— (A) 1 member shall be appointed by the majority leader of the Senate; (B) 1 member shall be appointed by the minority leader of the Senate; (C) 2 members shall be appointed by the chair of the Committee on Health, Education, Labor, and Pensions of the Senate; (D) 2 members shall be appointed by the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; (E) 1 member shall be appointed by the Speaker of the House of Representatives; (F) 1 member shall be appointed by the minority leader of the House of Representatives; (G) 2 members shall be appointed by the chair of the Committee on Energy and Commerce of the House of Representatives; and (H) 2 members shall be appointed by the ranking member of the Committee on Energy and Commerce of the House of Representatives. (2) Chair and vice chair Not later than 30 days after the date on which all members of the Task Force are appointed under paragraph (1), such members shall meet to elect a Chair and Vice Chair from among such members. The Chair and Vice Chair shall each be elected to serve upon an affirmative vote from 8 members of the Task Force. The Chair and Vice Chair shall not be registered members of the same political party. (3) Qualifications (A) Political party affiliation Not more than 6 members of the Task Force shall be registered members of the same political party. (B) Nongovernmental appointees An individual appointed to the Task Force may not be an officer or employee of the Federal Government or any State, local, Tribal, or territorial government. (C) Qualifications It is the sense of Congress that individuals appointed to the Task Force should be highly qualified citizens of the United States. Members appointed under paragraph (1) may include individuals with expertise in— (i) public health, health disparities and at-risk populations, medicine, and related fields; (ii) State, local, Tribal, or territorial government, including public health and medical preparedness and response and emergency management and other relevant public administration; (iii) research regarding, or the development, manufacturing, distribution, and regulation of, medical products; (iv) national security and foreign relations, including global health; and (v) commerce, including transportation, supply chains, and small business. (4) Deadline for appointment All members of the Task Force shall be appointed not later than 90 days after the date of enactment of this Act. (5) Meetings The Task Force shall meet and begin the operations of the Task Force as soon as practicable. After its initial meeting, the Task Force shall meet upon the call of the Chair and Vice Chair or 8 of its members. (6) Quorum; vacancies (A) Quorum Eight members of the Task Force shall constitute a quorum. (B) Vacancies Any vacancy in the Task Force shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Functions of Task Force The functions of the Task Force are to— (1) conduct a review that— (A) examines the initial outbreak of the SARS–CoV–2 virus in Wuhan, China, including— (i) engaging with willing partner governments and global experts; (ii) seeking access to relevant records; and (iii) examining the potential causes of the emergence and source of the virus; (B) examines the United States preparation for, and response to, the COVID–19 pandemic, including— (i) relevant laws, policies, regulations, and processes that were in place prior to, or put into place during, the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19, including any that are put into place related to such public health emergency after the date of enactment of this Act and prior to the issuance of the final report pursuant to subsection (j)(2); (ii) relevant actions taken by, and coordination between, Federal, State, local, Tribal, and territorial governments, nongovernmental organizations, and international organizations on preparedness and response efforts, including coordination between governments and other public and private entities, during the— (I) initial response in the United States; (II) response during the Trump Administration; and (III) ongoing response during the Biden Administration; (iii) communication of public health and scientific information related to the COVID–19 pandemic, including processes for the development, approval, and dissemination of Federal public health and other relevant public health or scientific guidance; (iv) actions taken to support the development, manufacturing, and distribution of medical countermeasures and related medical supplies to prevent, detect, and treat COVID–19; and (C) may include assessments relating to— (i) the capacity and capabilities of Federal, State, local, Tribal, and territorial governments to respond to the COVID–19 pandemic; (ii) the capacity and capabilities of health care facilities and the health care workforce to respond to the COVID–19 pandemic; (iii) medical countermeasure research and development and the supply chains of medical products necessary to respond to the COVID–19 pandemic; (iv) international preparedness for and response to COVID–19, and Federal decision-making processes related to new global health threats; (v) containment and mitigation measures related to domestic and international travel in response to COVID–19; and (vi) the impact of the COVID–19 pandemic and related mitigation efforts on hard-to-reach and at-risk or underserved populations, including related health disparities; (2) identify, review, and evaluate the lessons learned from the COVID–19 pandemic, including activities to prepare for, and respond to, future potential pandemics and related public health emergencies; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Task Force shall determine. (e) Powers of Task Force (1) Hearings The Task Force may— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence as determined by the Chair and Vice Chair, and administer such oaths as the Task Force or a designated member, as determined by the Chair or Vice Chair, may determine advisable to be necessary to carry out the functions of the Task Force; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the person described in paragraph (2)(A)(i) may determine advisable. (2) Subpoenas (A) Issuance (i) In general A subpoena may be issued under this subsection only— (I) by the agreement of the Chair and the Vice Chair; or (II) by the affirmative vote of 9 members of the Task Force. (ii) Signature Subpoenas issued under this subsection may be issued under the signature of the Chair or any member designated by a majority of the Task Force, and may be served by any person designated by the Chair or by a member designated by agreement of the majority of the Task Force. (B) Enforcement In the case of contumacy or failure to obey a subpoena issued under subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (3) Contracting The Task Force may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Task Force to discharge its duties under this Act. (4) Information from federal agencies (A) In general The Task Force may access from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, such information, documents, suggestions, estimates, and statistics as the Task Force considers necessary to carry out this section. (B) Provision of information On written request of the Chair, each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, provide such information to the Task Force. (C) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Task Force and its staff consistent with all applicable statutes, regulations, and executive orders. (5) Assistance from Federal agencies (A) General services administration On request of the Chair and Vice Chair, the Administrator of General Services Administration shall provide to the Task Force, on a reimbursable basis, administrative support and other assistance necessary for the Task Force to carry out its duties. (B) Other departments and agencies In addition to the assistance provided for in subparagraph (A), departments and agencies of the United States may provide to the Task Force such assistance as such departments and agencies may determine advisable and as authorized by law. (6) Donations The Task Force may accept, use, and dispose of gifts or donations of services or property. Not later than 5 days after the acceptance of a donation under this subsection, the Task Force shall publicly disclose— (A) the name of the entity that provided such donation; (B) the service or property provided through such donation; (C) the value of such donation; and (D) how the Task Force plans to use such donation. (7) Postal services The Task Force may use the United States mails in the same manner and under the same conditions as a department or agency of the United States. (f) Applicability of Federal Advisory Committee Act (1) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Task Force. (2) Public meetings and release of public versions of reports The Task Force shall— (A) hold public hearings and meetings to the extent appropriate; and (B) release public versions of the reports required under paragraph (1) and (2) of subsection (j). (3) Public hearings Any public hearings of the Task Force shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Task Force as required by any applicable statute, regulation, or Executive order. (g) Staff of Task Force (1) In general (A) Appointment and compensation The Chair of the Task Force, in agreement with the Vice Chair, in accordance with rules agreed upon by the Task Force, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Task Force to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (B) Personnel as Federal employees (i) In general The staff director and any personnel of the Task Force who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (ii) Members of task force Clause (i) shall not be construed to apply to members of the Task Force. (2) Detailees Upon request of the Chair and Vice Chair of the Task Force, the head of any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government employee may detail, without reimbursement, any of its personnel to the Task Force to assist in carrying out its duties under this section. Any such detailee shall be without interruption or loss of civil service status or privilege. (3) Consultant services The Task Force is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (h) Compensation and travel expenses Each member of the Task Force shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code. (i) Security clearances for task force members and staff The appropriate Federal agencies or departments shall cooperate with the Task Force in expeditiously providing to the Task Force members and staff appropriate security clearances, consistent with existing procedures and requirements. No person shall be provided with access to classified information under this section without the appropriate security clearances. (j) Reports of Task Force; termination (1) Interim report Not later than 180 days after the date of enactment of this Act, the Task Force shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives an interim report containing such findings, conclusions, and recommendations as have been agreed to by 8 members of the Task Force. Such interim report shall be made available online in a manner that does not compromise national security. (2) Final Report (A) In general Not later than 18 months after the date on which the last member of the Task Force is appointed, the Task Force shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a final report containing such findings, conclusions, and recommendations as have been agreed to by 8 members of the Task Force. The final report shall be made available online in a manner that does not compromise national security. (B) Extensions (i) In general The submission and publication of the final report, as described in subparagraph (A), may be delayed by 6 months upon the agreement of 8 members of the Task Force. (ii) Notification The Task Force shall notify the President, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the public of any extension granted under clause (i). (C) Special rules and considerations (i) Rule of construction Nothing in this subsection shall be construed as authorizing the Task Force to publicly disclose information otherwise prohibited from disclosure by law. (ii) Special timing considerations Notwithstanding any other provision of this section, the Task Force shall not publish or make available any interim or final report during the during the 60-day periods ending November 8, 2022, and November 5, 2024. (3) Termination (A) In general The Task Force, and all the authorities of this section, shall terminate 60 days after the date on which the final report is submitted under paragraph (2). (B) Administrative activities before termination The Task Force may use the 60-day period referred to in subparagraph (A) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. (k) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section, a total of $3,000,000 for fiscal years 2023 and 2024. (2) Duration of availability Amounts made available to the Task Force under paragraph (1) shall remain available until the termination of the Task Force. 102. Appointment and authority of the Director of the Centers for Disease Control and Prevention (a) In general Part A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 304 the following: 305. Appointment and authority of the Director of the Centers for Disease Control and Prevention (a) In general The Centers for Disease Control and Prevention (referred to in this section as the CDC ) shall be headed by the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director ), who shall be appointed by the President, by and with the advice and consent of the Senate. Such individual shall also serve as the Administrator of the Agency for Toxic Substances and Disease Registry consistent with section 104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act. The Director shall perform functions provided for in subsection (b) and such other functions as the Secretary may prescribe. (b) Functions The Secretary, acting through the Director, shall— (1) implement and exercise applicable authorities and responsibilities provided for in this Act or other applicable law related to the investigation, detection, identification, prevention, or control of diseases or conditions to preserve and improve public health domestically and globally and address injuries and occupational and environmental hazards, as appropriate; (2) be responsible for the overall direction of the CDC and for the establishment and implementation of policies related to the management and operation of programs and activities within the CDC; (3) coordinate and oversee the operation of centers, institutes, and offices within the CDC; (4) support, in consultation with the heads of such centers, institutes, and offices, program coordination across such centers, institutes, and offices, including through priority setting reviews and the development of strategic plans, to reduce unnecessary duplication and encourage collaboration between programs; (5) oversee the development, implementation, and updating of the strategic plan established pursuant to subsection (c); (6) ensure that appropriate strategic planning, including the use of performance metrics, is conducted by such centers, institutes, and offices to facilitate and improve CDC programs and activities; (7) communicate, including through convening annual meetings, with public and private entities regarding relevant public health programs and activities, and, as applicable, the strategic plan established pursuant to subsection (c). (c) Strategic plan (1) In general Not later than 1 year after the date of enactment of the PREVENT Pandemics Act , and at least every 4 years thereafter, the Director shall develop and submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, and post on the website of the CDC, a coordinated strategy to provide strategic direction and facilitate collaboration across the centers, institutes, and offices within the CDC. Such strategy shall be known as the CDC Strategic Plan . (2) Requirements The CDC Strategic Plan shall— (A) identify strategic priorities and objectives related to— (i) preventing, reducing, and eliminating the spread of communicable and noncommunicable diseases or conditions, and addressing injuries, and occupational and environmental hazards; (ii) supporting the efforts of State, local, and Tribal health departments to prevent and reduce the prevalence of the diseases or conditions under clause (i); (iii) containing, mitigating, and ending disease outbreaks; (iv) enhancing global and domestic public health capacity, capabilities, and preparedness, including public health data, surveillance, workforce, and laboratory capacity and safety; and (v) other priorities, as established by the Director; (B) describe the capacity and capabilities necessary to achieve the priorities and objectives under subparagraph (A), and progress towards achieving such capacity and capabilities, as appropriate; and (C) include a description of how the CDC Strategic Plan incorporates— (i) strategic communications; (ii) partnerships with private sector entities, and State, local, and Tribal health departments, and other public sector entities, as appropriate; and (iii) coordination with other agencies and offices of the Department of Health and Human Services and other Federal departments and agencies, as appropriate. (3) Use of plans Strategic plans developed and updated by the centers, institutes, and offices of the CDC shall be prepared regularly and in such a manner that such plans will be informed by the CDC Strategic Plan developed and updated under this subsection. (d) Appearances before Congress (1) In general Each fiscal year, the Director shall appear before the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives at hearings on topics such as— (A) support for State, local, and Tribal public health preparedness and responses to any recent or ongoing public health emergency, including— (i) any objectives, activities, or initiatives that have been carried out, or are planned, by the Director to prepare for, or respond to, the public health emergency, including relevant strategic communications or partnerships and any gaps or challenges identified in such objectives, activities, or initiatives; (ii) any objectives and planned activities for the upcoming fiscal year to address gaps in, or otherwise improve, State, local, and Tribal public health preparedness; and (iii) other potential all-hazard threats that the Director is preparing to address; (B) activities related to public health and functions of the Director described in subsection (b); and (C) updates on other relevant activities supported or conducted by the CDC, or in collaboration or coordination with the heads of other Federal departments, agencies, or stakeholders, as appropriate. (2) Clarifications (A) Waiver authority The Chair of the Committee on Health, Education, Labor, and Pensions of the Senate or the Chair of the Committee on Energy and Commerce of the House of Representatives may waive the requirements of paragraph (1) for the applicable fiscal year with respect to the applicable Committee. (B) Scope of requirements The requirements of this subsection shall not be construed to impact the appearance of other Federal officials or the Director at hearings of either Committee described in paragraph (1) at other times and for purposes other than the times and purposes described in paragraph (1). (3) Closed hearings Information that is not appropriate for disclosure during an open hearing under paragraph (1) in order to protect national security may instead be discussed in a closed hearing that immediately follows the open hearing. . (b) Application The first sentence of section 305(a) of the Public Health Service Act, as added by subsection (a), shall not apply to the Director of the Centers for Disease Control and Prevention who is serving on the date of enactment of this Act. 103. Additional provisions related to the Centers for Disease Control and Prevention Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 305, as added by section 102, the following: 305A. Additional provisions related to the Centers for Disease Control and Prevention (a) Appointments (1) In general Unless otherwise specified in statute, the heads of the centers or institutes of the Centers for Disease Control and Prevention shall be appointed by the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director ). Each such individual shall be appointed for 5 years. (2) Reappointments At the end of a 5-year term, an individual appointed under paragraph (1) shall be reappointed in accordance with standards applicable to the relevant appointment mechanism and as determined by the Secretary, as applicable. (3) No limit on terms There shall be no limit on the number of terms that any individual appointed under this subsection may serve. (4) Vacancies If the position of a head of a center or institute described in paragraph (1) becomes vacant before the end of a term, the head of such center or institute appointed to fill the vacancy shall be appointed for a 5-year term starting on the date of such appointment. (5) Current positions and exemptions (A) In general Each such individual who is serving on the date of enactment of the PREVENT Pandemics Act shall be deemed to be appointed for a 5-year term under this subsection beginning on such date of enactment. (B) Exemptions The Secretary may exempt the head of a center or institute from the 5-year term described in subparagraph (A) if such Secretary determines such exemption is necessary in order to hire or retain talented individuals. (6) Rule of construction Nothing in this subsection shall be construed to limit the authority of the Secretary or the Director to terminate the appointment of a head of a center or institute described in paragraph (1) before the expiration of such individual’s 5-year term. (7) Nature of appointment Appointments and reappointments under this subsection shall be made on the basis of ability and experience as it relates to the mission of the Centers for Disease Control and Prevention and its components, including compliance with relevant legal requirements. (b) Other transactions (1) In general In carrying out activities of the Centers for Disease Control and Prevention, the Director may enter into transactions other than a contract, grant, or cooperative agreement for purposes of biosurveillance, infectious disease modeling, and public health preparedness and response, including related research. (2) Written determination With respect to a project that is expected to cost the Centers for Disease Control and Prevention more than $5,000,000, the Director may exercise the authority under paragraph (1) only upon a written determination by the Assistant Secretary for Financial Resources of the Department of Health and Human Services, that the use of such authority is essential to promoting the success of the project. The authority of the Assistant Secretary for Financial Resources under this paragraph may not be delegated. (3) Guidelines The Director, in consultation with the Secretary, shall establish guidelines regarding the use of the authority under paragraph (1). Such guidelines shall include auditing requirements. . 104. Public health and medical preparedness and response coordination (a) Public Health Emergency Fund Section 319(b) of the Public Health Service Act ( 42 U.S.C. 247d(b) ) is amended— (1) in paragraph (2)— (A) in subparagraph (E), by striking and at the end; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E), the following: (F) support the initial deployment and distribution of contents of the Strategic National Stockpile, as appropriate; and ; and (2) by amending paragraph (3)(A) to read as follows: (A) the expenditures made from the Public Health Emergency Fund in such fiscal year, including— (i) the amount obligated; (ii) the recipient or recipients of such obligated funds; (iii) the specific response activities such obligated funds will support; and (iv) the declared or potential public health emergency for which such funds were obligated; and . (b) Improving public health and medical preparedness and response coordination (1) Coordination with Federal agencies Section 2801 of the Public Health Service Act ( 42 U.S.C. 300hh ) is amended by adding at the end the following: (c) Coordination with Federal agencies In leading the Federal public health and medical response to a declared or potential public health emergency, consistent with this section, the Secretary shall coordinate with, and may request support from, other Federal departments and agencies, as appropriate in order to carry out necessary activities and leverage the expertise of such departments and agencies, which may include the provision of assistance at the direction of the Secretary related to supporting the public health and medical response for States, localities, and Tribes. . (2) ASPR duties Section 2811(b) of the Public Health Service Act ( 42 U.S.C. 300hh–10(b) ) is amended— (A) in paragraph (1), by inserting and, consistent with the National Response Framework and other applicable provisions of law, assist the Secretary in carrying out the functions under section 2801 before the period; and (B) in paragraph (4)— (i) in subparagraph (E) by striking the actions necessary to overcome these obstacles. and inserting “recommend actions necessary to overcome these obstacles, such as— (i) improving coordination with relevant Federal officials; (ii) partnering with other public or private entities to leverage capabilities maintained by such entities, as appropriate and consistent with this subsection; and (iii) coordinating efforts to support or establish new capabilities, as appropriate. ; and (ii) in subparagraph (G)— (I) by redesignating clauses (i) and (ii) as subclauses (I) and (II) and adjusting the margins accordingly; (II) in the matter preceding subclause (I), as so redesignated— (aa) by inserting each year, including national-level and State-level full-scale exercises not less than once every 5 years after operational exercises ; and (bb) by striking exercises based on— and inserting “exercises— (i) based on ; (III) by striking the period and inserting a semicolon; and (IV) by adding at the end the following: (ii) that assess the ability of the Strategic National Stockpile, as appropriate, to provide medical countermeasures, medical products, and other supplies, including ancillary medical supplies, to support the response to a public health emergency or potential public health emergency, including a threat that requires the large-scale and simultaneous deployment of stockpiles and a long-term public health and medical response; and (iii) conducted in coordination with State and local health officials. . (c) Appearances before and reports to Congress Section 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) is amended by adding at the end the following: (g) Appearances before Congress (1) In general Each fiscal year, the Assistant Secretary for Preparedness and Response shall appear before the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives at hearings, on topics such as— (A) coordination of Federal activities to prepare for, and respond to, public health emergencies; (B) activities and capabilities of the Strategic National Stockpile, including whether, and the degree to which, recommendations made pursuant to section 2811–1(c)(1)(A) have been met; (C) support for State, local, and Tribal public health and medical preparedness; (D) activities implementing the countermeasures budget plan described under subsection (b)(7), including— (i) any challenges in meeting the full range of identified medical countermeasure needs; and (ii) progress in supporting advanced research, development, and procurement of medical countermeasures, pursuant to subsection (b)(3); (E) the strategic direction of, and activities related to, the sustainment of manufacturing surge capacity and capabilities for medical countermeasures pursuant to section 319L and the distribution and deployment of such countermeasures; (F) any additional objectives, activities, or initiatives that have been carried out or are planned by the Assistant Secretary for Preparedness and Response and associated challenges, as appropriate; (G) the specific all-hazards threats that the Assistant Secretary for Preparedness and Response is preparing to address, or that are being addressed, through the activities described in subparagraphs (A) through (F); and (H) objectives, activities, or initiatives related to the coordination and consultation required under subsections (b)(4)(H) and (b)(4)(I), in a manner consistent with paragraph (3), as appropriate. (2) Clarifications (A) Waiver authority The Chair of the Committee on Health, Education, Labor, and Pensions of the Senate or the Chair of the Committee on Energy and Commerce of the House of Representatives may waive the requirements of paragraph (1) for the applicable fiscal year with respect to the applicable Committee. (B) Scope of requirements The requirements of this subsection shall not be construed to impact the appearance of other Federal officials or the Assistant Secretary at hearings of either Committee described in paragraph (1) at other times and for purposes other than the times and purposes described in paragraph (1). (3) Closed hearings Information that is not appropriate for disclosure during an open hearing under paragraph (1) in order to protect national security may instead be discussed in a closed hearing that immediately follows such open hearing. . (d) Annual report on emergency response and preparedness Section 2801 of the Public Health Service Act ( 42 U.S.C. 300hh ), as amended by subsection (b), is further amended by adding at the end the following: (d) Annual report on emergency response and preparedness The Secretary shall submit a written report each fiscal year to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, containing— (1) updated information related to an assessment of the response to any public health emergency declared, or otherwise in effect, during the previous fiscal year; (2) findings related to drills and operational exercises completed in the previous fiscal year pursuant to section 2811(b)(4)(G); (3) the state of public health preparedness and response capabilities for chemical, biological, radiological, and nuclear threats, including emerging infectious diseases; and (4) any challenges in preparing for or responding to such threats, as appropriate. . (e) GAO report on interagency agreements and coordination Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a review of previous and current interagency agreements established between the Secretary of Health and Human Services and the heads of other relevant Federal departments or agencies pursuant to section 2801(b) of the Public Health Service Act ( 42 U.S.C. 300hh(b) ), including— (A) the specific roles and responsibilities of each Federal department or agency that is a party to any such interagency agreement; (B) the manner in which specific capabilities of each such Federal department or agency may be utilized under such interagency agreements; (C) the frequency with which such interagency agreements have been utilized; (D) gaps, if any, in interagency agreements that prevent the Secretary from carrying out the goals under section 2802 of the Public Health Service Act ( 42 U.S.C. 300hh–1 ); (E) barriers, if any, to establishing or utilizing such interagency agreements; and (F) recommendations, if any, on the ways in which such interagency agreements can be improved to address the gaps and barriers identified under subparagraphs (D) and (E); (2) conduct a review of the implementation and utilization of the authorities described under section 2801(c) of the Public Health Service Act ( 42 U.S.C. 300hh(c) ); and (3) submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the reviews under paragraphs (1) and (2), including related recommendations, as applicable. 105. Strengthening public health communication Subsection (b) of section 319F of the Public Health Service Act ( 42 U.S.C. 247d–6 ) is amended to read as follows: (b) Public health information and communications advisory committee (1) In general The Secretary shall establish an advisory committee to be known as the Public Health Information and Communications Advisory Committee (referred to in this subsection as the Advisory Committee ). (2) Duties The Advisory Committee shall make recommendations to the Secretary and report on— (A) critical aspects of communication and dissemination of scientific and evidence-based public health information during public health emergencies, including— (i) the role and impact of misinformation on the response to such public health emergencies; (ii) the role of risk communication before and during such public health emergencies; and (iii) other relevant factors, as the Secretary determines appropriate; (B) information from academic institutions, community-based organizations, and other nongovernmental organizations related to evidence-based or evidence-informed strategies and best practices to effectively communicate and disseminate such information; (C) strategies to improve communication and dissemination of scientific and evidence-based public health information to the public, to improve such communication between Federal, State, local, and Tribal health officials, and, as appropriate, to address misinformation during public health emergencies, including strategies to— (i) identify the most effective methods for the dissemination of information during a public health emergency, with consideration of the needs of at-risk populations; (ii) determine best practices and communicate information to populations that may be impacted by such misinformation; and (iii) adapt approaches for the dissemination of information, as appropriate, to address emerging trends related to misinformation. (3) Composition The Advisory Committee shall be composed of— (A) appropriate Federal officials, appointed by the Secretary, who shall serve as nonvoting members; and (B) individuals, appointed by the Secretary, with expertise in public health (including individuals with experience in State, local, and Tribal health departments), medicine, communications, related technology, psychology, mental health and substance use disorders, national security, and other areas, as the Secretary determines appropriate, who shall serve as voting members. (4) Dissemination The Secretary shall review the recommendations of the Advisory Committee and, not later than 180 days after receipt of the report under paragraph (2), shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing any actions planned by the Secretary related to the communication and dissemination of scientific and evidence-based public health information, including addressing misinformation, as appropriate. (5) Termination The Advisory Committee shall terminate 4 years after the date of enactment of the PREVENT Pandemics Act . . 106. Office of Pandemic Preparedness and Response Policy (a) In general There is established in the Executive Office of the President an Office of Pandemic Preparedness and Response Policy (referred to in this section as the Office ), which shall be headed by a Director (referred to in this section as the Director ) appointed by the President and who shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5, United States Code. The President is authorized to appoint not more than 2 Associate Directors, who shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title. Associate Directors shall perform such functions as the Director may prescribe. (b) Functions of the Director The primary function of the Director is to provide advice, within the Executive Office of the President, on pandemic preparedness and response policy, and support strategic coordination and communication with respect to relevant activities across the Federal Government. In addition to such other functions and activities as the President may assign, the Director, consistent with applicable laws and the National Response Framework, shall— (1) serve as the principal advisor to the President on all matters related to pandemic preparedness and response policy and make recommendations to the President regarding pandemic and other biological threats that may impact national security; (2) coordinate Federal activities to prepare for, and respond to, pandemic and other biological threats, by— (A) providing strategic direction to the heads of applicable Federal departments, agencies, and offices, including— (i) the establishment, implementation, prioritization, and assessment of policy goals and objectives across the Executive Office of the President and such departments, agencies, and offices; (ii) supporting the assessment and clarification of roles and responsibilities related to such Federal activities; and (iii) supporting the development and implementation of metrics and performance measures to evaluate the extent to which applicable activities meet such goals and objectives; (B) providing, in consultation with the Secretary of Health and Human Services and the heads of other relevant Federal departments, agencies, and offices, leadership with respect to the National Biodefense Strategy and related activities pursuant to section 1086 of the National Defense Authorization Act for Fiscal Year 2017 ( 6 U.S.C. 104 ) and section 363 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 105 ); (C) facilitating coordination and communication between such Federal departments, agencies, and offices to improve preparedness for, and response to, such threats; (D) ensuring that the authorities, capabilities, and expertise of each such department, agency, and office are appropriately leveraged to facilitate the whole-of-Government response to such threats; (E) overseeing coordination of Federal efforts to prepare for and support the production, supply, and distribution of relevant medical products and supplies during a response to a pandemic or other biological threat, as applicable and appropriate, including supporting Federal efforts to assess any relevant vulnerabilities in the supply chain of such products and supplies; (F) overseeing coordination of Federal efforts for the basic and advanced research, development, manufacture, and procurement of medical countermeasures, including by— (i) serving, with the Secretary of Health and Human Services, as co-Chair of the Public Health Emergency Medical Countermeasures Enterprise established pursuant to section 2811–1 of the Public Health Service Act ( 42 U.S.C. 300hh–10a ); and (ii) promoting coordination between the medical countermeasure research, development, and procurement activities of respective Federal departments and agencies, including to advance the discovery and development of new medical products and technologies; (G) convening heads of Federal departments and agencies, as appropriate, on topics related to capabilities to prepare for, and respond to, such threats; (H) assessing and advising on international cooperation in preparing for, and responding to, such threats to advance the national security objectives of the United States; and (I) overseeing other Federal activities to assess preparedness for, and responses to, such threats, including— (i) drills and operational exercises conducted pursuant to applicable provisions of law; and (ii) Federal after-action reports developed following such drills and exercises or a response to a pandemic or other biological threat; (3) promote and support the development of relevant expertise and capabilities within the Federal Government to ensure that the United States can quickly detect, identify, and respond to such threats, and provide recommendations, as appropriate, to the President; (4) consult with the Director of the Office of Management and Budget and other relevant officials within the Executive Office of the President, including the Assistant to the President for National Security Affairs and the Director of the Office of Science and Technology Policy, regarding activities related to preparing for, and responding to, such threats and relevant research and emerging technologies that may advance the biosecurity and preparedness and response goals of the Federal Government; (5) identify opportunities to leverage current and emerging technologies, including through public-private partnerships, as appropriate, to address such threats and advance the preparedness and response goals of the Federal Government; and (6) ensure that findings of Federal after-action reports conducted pursuant to paragraph (2)(I)(ii) are implemented to the maximum extent feasible within the Federal Government. (c) Support from other agencies Each department, agency, and instrumentality of the executive branch of the Federal Government, including any independent agency, is authorized to support the Director by providing the Director such information as the Director determines necessary to carry out the functions of the Director under this section. (d) Preparedness outlook report (1) In general Within its first year of operation, the Director, in consultation with the heads of relevant Federal departments and agencies and other officials within the Executive Office of the President, shall through a report submitted to the President and made available to the public, to the extent practicable, identify and describe situations and conditions which warrant special attention within the next 5 years, involving current and emerging problems of national significance related to pandemic or other biological threats, and opportunities for, and the barriers to, the research, development, and procurement of medical countermeasures to adequately respond to such threats. (2) Revisions The Office shall revise the report under paragraph (1) not less than once every 5 years and work with relevant Federal officials to address the problems, barriers, opportunities, and actions identified under this report through the development of the President's Budgets and programs. (e) Interdepartmental working group The Director shall lead an interdepartmental working group that will meet on a regular basis to evaluate national biosecurity and pandemic preparedness issues and make recommendations to the heads of applicable Federal departments, agencies and offices. The working group shall consist of representatives from— (1) the Office of Pandemic Preparedness and Response Policy, to serve as the chair; (2) the Department of Health and Human Services; (3) the Department of Homeland Security; (4) the Department of Defense; (5) the Office of Management and Budget; and (6) other Federal Departments and agencies. (f) Additional functions of the director The Director, in addition to the other duties and functions set forth in this section— (1) shall— (A) serve as a member of the Domestic Policy Council and the National Security Council; (B) serve as a member of the Intergovernmental Science, Engineering, and Technology Advisory Panel under section 205(b) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6614(b) ) and the Federal Coordinating Council for Science, Engineering and Technology under section 401 of such Act ( 42 U.S.C. 6651 ); (C) consult with State, Tribal, local, and territorial governments, industry, academia, professional societies, and other stakeholders, as appropriate; (D) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies; and (E) at the President’s request, perform such other duties and functions and enter into contracts and other arrangements for studies, analyses, and related services with public or private entities, as applicable and appropriate; and (2) may hold such hearings in various parts of the United States as necessary to determine the views of the entities and individuals referred to in paragraph (1) and of the general public, concerning national needs and trends in pandemic preparedness and response. (g) Staffing and detailees In carrying out functions under this section, the Director may— (1) appoint not more than 25 individuals to serve as employees of the Office as necessary to carry out this section; (2) fix the compensation of such personnel at a rate to be determined by the Director, up to the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code; (3) utilize the services of consultants, which may include by obtaining services described under section 3109(b) of title 5, United States Code, at rates not to exceed the rate of basic pay for level IV of the Executive Schedule; and (4) direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency, in order to carry out the functions of the Office. (h) Preparedness review and report The Director, in consultation with the heads of applicable Federal departments, agencies, and offices, shall— (1) not later than 1 year after the date of enactment of this Act, conduct a review of applicable Federal strategies, policies, procedures, and after-action reports to identify gaps and inefficiencies related to pandemic preparedness and response; (2) not later than 18 months after the date of enactment of this Act, and every 2 years thereafter, submit to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing— (A) current and emerging pandemic and other biological threats that pose a significant level of risk to national security; (B) the roles and responsibilities of the Federal Government in preparing for, and responding to, such threats; (C) the findings of the review conducted under paragraph (1); (D) any barriers or limitations related to addressing such findings; (E) current and planned activities to update Federal strategies, policies, and procedures to address such findings, consistent with applicable laws and the National Response Framework; (F) current and planned activities to support the development of expertise within the Federal Government pursuant to subsection (b)(3); and (G) opportunities to improve Federal preparedness and response capacities and capabilities through the use of current and emerging technologies. (i) Nonduplication of effort The Director shall ensure that activities carried out under this section do not unnecessarily duplicate the efforts of other Federal departments, agencies, and offices. (j) Conforming amendments (1) Section 2811–1 of the Public Health Service Act ( 42 U.S.C. 300hh–10a ) is amended— (A) in the second sentence of subsection (a), by striking shall serve as chair and inserting and the Director of the Office of Pandemic Preparedness and Response Policy shall serve as co-chairs ; and (B) in subsection (b)— (i) by redesignating paragraph (10) as paragraph (11); and (ii) by inserting after paragraph (9) the following: (10) The Director of the Office of Pandemic Preparedness and Response Policy. . (2) Section 101(c)(1) of the National Security Act of 1947 ( 50 U.S.C. 3021(c)(1) ) is amended by inserting the Director of the Office of Pandemic Preparedness and Response Policy after Treasury, . (3) The National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6601 et seq. ) is amended— (A) in section 205(b)(2) ( 42 U.S.C. 6614(b)(2) )— (i) by striking and (C) and inserting (C) ; and (ii) by striking the period at the end and inserting ; and (D) the Director of the Office of Pandemic Preparedness and Response Policy. ; and (B) in section 401(b) ( 42 U.S.C. 6651(b) ), by inserting , the Director of the Office of Pandemic Preparedness and Response Policy, after Technology Policy . B State and local readiness 111. Improving State and local public health security (a) In general Section 319C–1(b)(2) of the Public Health Service Act (42 U.S.C. 247d–3a(b)(2)) is amended— (1) in subparagraph (A)— (A) in clause (vii), by inserting during and before following a public health emergency ; (B) by amending clause (viii) to read as follows: (viii) a description of how the entity, as applicable and appropriate, will coordinate with State emergency preparedness and response plans in public health emergency preparedness, including State education agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965), State child care lead agencies (designated under section 658D of the Child Care and Development Block Grant Act of 1990), and other relevant State agencies ; (C) in clause (xi), by striking ; and and inserting a semicolon; (D) by redesignating clause (xii) as clause (xiii); and (E) by inserting after clause (xi) the following: (xii) a description of how the entity will provide technical assistance to improve public health preparedness and response, as appropriate, to agencies or other entities that operate facilities within the entity's jurisdiction in which there is an increased risk of infectious disease outbreaks in the event of a public health emergency declared under section 319, such as residential care facilities, group homes, and other similar settings; and ; (2) by redesignating subparagraphs (D) through (H) as subparagraphs (E) through (I), respectively; and (3) by inserting after subparagraph (C) the following: (D) an assurance that the entity will require relevant staff to complete relevant preparedness and response trainings, including trainings related to efficient and effective operation during an incident or event within an Incident Command System; . (b) Applicability The amendments made by subsection (a) shall not apply with respect to any cooperative agreement entered into prior to the date of enactment of this Act. 112. Supporting access to mental health and substance use disorder services during public health emergencies (a) Authorities Section 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa(d) ) is amended— (1) by redesignating paragraphs (24) and (25) as paragraphs (25) and (26), respectively; and (2) by inserting after paragraph (23) the following: (24) support the continued access to, or availability of, mental health and substance use disorder services during, or in response to, a public health emergency declared under section 319, including in consultation with, as appropriate, the Assistant Secretary for Preparedness and Response and the heads of other relevant agencies, in preparing for, and responding to, a public health emergency; . (b) Strategic plan Section 501(l)(4) of the Public Health Service Act ( 42 U.S.C. 290aa(l)(4) ) is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period and inserting ; and ; and (3) by adding at the end the following: (G) specify a strategy to support the continued access to, or availability of, mental health and substance use disorder services, including to at-risk individuals (as defined in section 2802(b)(4)), during, or in response to, public health emergencies declared pursuant to section 319. . (c) Biennial report concerning activities and progress Section 501(m) of the Public Health Service Act ( 42 U.S.C. 290aa(m) ) is amended— (1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; (2) by inserting after paragraph (3) the following: (4) a description of the Administration’s activities to support the continued provision of mental health and substance use disorder services, as applicable, in response to public health emergencies declared pursuant to section 319; ; and (3) in paragraph (5), as so redesignated— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: (D) relevant preparedness and response activities; . (d) Advisory councils Not later than 1 year after the date of enactment of this Act, the Assistant Secretary for Mental Health and Substance Use shall issue a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, reflecting the feedback of the advisory councils for the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services, pursuant to section 502 of the Public Health Service Act ( 42 U.S.C. 290aa–1 ), with recommendations to improve the continued provision of mental health and substance use disorder services during a public health emergency declared under section 319 of such Act ( 42 U.S.C. 247d ), and the provision of such services as part of the public health and medical response to such an emergency, consistent with title XXVIII of such Act ( 42 U.S.C. 300hh et seq. ), including related to the capacity of the mental health and substance use disorder workforce and flexibilities provided to awardees of mental health and substance use disorder programs. (e) GAO report Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on programs and activities of the Substance Abuse and Mental Health Services Administration to support the provision of mental health and substance use disorder services and related activities during the COVID–19 pandemic, including the provision of such services as part of the medical and public health response to such pandemic. Such report shall— (1) examine the role played by the advisory councils described in section 502 of the Public Health Service Act ( 42 U.S.C. 290aa–1 ) and the National Mental Health and Substance Use Policy Laboratory established under section 501A of such Act ( 42 U.S.C. 290aa–0 ) in providing technical assistance and recommendations to the Substance Abuse and Mental Health Services Administration to support the response of such agency to the public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; (2) describe the manner in which existing awardees of mental health and substance use disorder programs provided and altered delivery of services during such public health emergency, including information on the populations served by such awardees and any barriers faced in delivering services; and (3) describe activities of the Substance Abuse and Mental Health Services Administration to support the response to such public health emergency, including through technical assistance, provision of services, and any flexibilities provided to such existing awardees, and any barriers faced in implementing such activities. 113. Trauma care reauthorization (a) In general Section 1201 of the Public Health Service Act ( 42 U.S.C. 300d ) is amended— (1) in subsection (a)— (A) in paragraph (3)— (i) by inserting analyze, after compile, ; and (ii) by inserting and medically underserved areas before the semicolon; (B) in paragraph (4), by adding and after the semicolon; (C) by striking paragraph (5); and (D) by redesignating paragraph (6) as paragraph (5); (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Trauma care readiness and coordination The Secretary, acting through the Assistant Secretary for Preparedness and Response, shall support the efforts of States and consortia of States to coordinate and improve emergency medical services and trauma care during a public health emergency declared by the Secretary pursuant to section 319 or a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Such support may include— (1) developing, issuing, and updating guidance, as appropriate, to support the coordinated medical triage and evacuation to appropriate medical institutions based on patient medical need, taking into account regionalized systems of care; (2) disseminating, as appropriate, information on evidence-based or evidence-informed trauma care practices, taking into consideration emergency medical services and trauma care systems, including such practices identified through activities conducted under subsection (a) and which may include the identification and dissemination of performance metrics, as applicable and appropriate; and (3) other activities, as appropriate, to optimize a coordinated and flexible approach to the emergency response and medical surge capacity of hospitals, other health care facilities, critical care, and emergency medical systems. . (b) Grants To improve trauma care in rural areas Section 1202 of the Public Health Service Act ( 42 U.S.C. 300d–3 ) is amended— (1) by amending the section heading to read as follows: Grants to improve trauma care in rural areas ; (2) by amending subsections (a) and (b) to read as follows: (a) In general The Secretary shall award grants to eligible entities for the purpose of carrying out research and demonstration projects to support the improvement of emergency medical services and trauma care in rural areas through the development of innovative uses of technology, training and education, transportation of seriously injured patients for the purposes of receiving such emergency medical services, access to prehospital care, evaluation of protocols for the purposes of improvement of outcomes and dissemination of any related best practices, activities to facilitate clinical research, as applicable and appropriate, and increasing communication and coordination with applicable State or Tribal trauma systems. (b) Eligible entities (1) In general To be eligible to receive a grant under this section, an entity shall be a public or private entity that provides trauma care in a rural area. (2) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide services under the grant in any rural area identified by a State under section 1214(d)(1). ; and (3) by adding at the end the following: (d) Reports An entity that receives a grant under this section shall submit to the Secretary such reports as the Secretary may require to inform administration of the program under this section. . (c) Pilot grants for trauma centers Section 1204 of the Public Health Service Act ( 42 U.S.C. 300d–6 ) is amended— (1) by amending the section heading to read as follows: Pilot grants for trauma centers ; (2) in subsection (a)— (A) by striking not fewer than 4 and inserting 10 ; (B) by striking that design, implement, and evaluate and inserting to design, implement, and evaluate new or existing ; (C) by striking emergency care and inserting emergency medical ; and (D) by inserting , and improve access to trauma care within such systems before the period; (3) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following: (A) a State or consortia of States; (B) an Indian Tribe or Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act); (C) a consortium of level I, II, or III trauma centers designated by applicable State or local agencies within an applicable State or region, and, as applicable, other emergency services providers; or (D) a consortium or partnership of nonprofit Indian Health Service, Indian Tribal, and urban Indian trauma centers. ; (4) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking that proposes a pilot project ; (ii) by striking an emergency medical and trauma system that— and inserting a new or existing emergency medical and trauma system. Such eligible entity shall use amounts awarded under this subsection to carry out 2 or more of the following activities: ; (B) in paragraph (1) — (i) by striking coordinates and inserting Strengthening coordination and communication ; and (ii) by striking an approach to emergency medical and trauma system access throughout the region, including 9–1–1 Public Safety Answering Points and emergency medical dispatch; and inserting approaches to improve situational awareness and emergency medical and trauma system access, including distribution of patients during a mass casualty incident, throughout the region. ; (C) in paragraph (2)— (i) by striking includes and inserting Providing ; (ii) by inserting support patient movement to after region to ; and (iii) by striking the semicolon and inserting a period; (D) in paragraph (3)— (i) by striking allows for and inserting Improving ; and (ii) by striking ; and and inserting a period; (E) in paragraph (4), by striking includes a consistent and inserting Supporting a consistent ; and (F) by adding at the end the following: (5) Establishing, implementing, and disseminating, or utilizing existing, as applicable, evidence-based or evidence-informed practices across facilities within such emergency medical and trauma system to improve health outcomes, including such practices related to management of injuries, and the ability of such facilities to surge. (6) Conducting activities to facilitate clinical research, as applicable and appropriate. ; (5) in subsection (d)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking the proposed and inserting the applicable emergency medical and trauma system ; (ii) in clause (i), by inserting or Tribal entity after equivalent State office ; and (iii) in clause (vi), by striking ; and and inserting a semicolon; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: (B) for eligible entities described in subparagraph (C) or (D) of subsection (b)(1), a description of, and evidence of, coordination with the applicable State Office of Emergency Medical Services (or equivalent State Office) or applicable such office for a Tribe or Tribal organization; and ; (6) in subsection (e)— (A) in paragraph (1), by striking $1 for each $3 and inserting $1 for each $5 ; and (B) by adding at the end the following: (3) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for a State, consortia of States, Indian Tribe or Tribal organization, or trauma center, if the Secretary determines that applying such matching requirement would result in serious hardship or an inability to carry out the purposes of the pilot program. ; (7) in subsection (f), by striking population in a medically underserved area and inserting medically underserved population ; (8) in subsection (g)— (A) in the matter preceding paragraph (1), by striking described in ; (B) in paragraph (2), by striking the system characteristics that contribute to and inserting opportunities for improvement, including recommendations for how to improve ; (C) by striking paragraph (4); (D) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (E) in paragraph (4), as so redesignated, by striking ; and and inserting a semicolon; (F) in paragraph (5), as so redesignated, by striking the period and inserting ; and ; and (G) by adding at the end the following: (6) any evidence-based or evidence-informed strategies developed or utilized pursuant to subsection (c)(5). ; and (9) by amending subsection (h) to read as follows: (h) Dissemination of findings Not later than 1 year after the completion of the final project under subsection (a), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the information contained in each report submitted pursuant to subsection (g) and any additional actions planned by the Secretary related to regionalized emergency care and trauma systems. . (d) Program funding Section 1232(a) of the Public Health Service Act ( 42 U.S.C. 300d–32(a) ) is amended by striking 2010 through 2014 and inserting 2023 through 2027 . 114. Assessment of containment and mitigation of infectious diseases (a) GAO study The Comptroller General of the United States shall conduct a study that reviews a geographically diverse sample of States and territories that, in response to the COVID–19 pandemic, implemented preparedness and response plans that included isolation and quarantine recommendations or requirements. Such study shall include— (1) a review of such State and territorial preparedness and response plans in place during the COVID–19 pandemic, an assessment of the extent to which such plans facilitated or presented challenges to State and territorial responses to such public health emergency, including response activities relating to isolation and quarantine to prevent the spread of COVID–19; and (2) a description of the technical assistance provided by the Federal Government to help States and territories facilitate such response activities during responses to relevant public health emergencies declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act, including the public health emergency with respect to COVID–19, and a review of the degree to which such State and territorial plans were implemented and subsequently revised in response to the COVID–19 pandemic to address any challenges. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit a report on the study under subsection (a) to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. II Improving public health preparedness and response capacity A Addressing disparities and improving public health emergency responses 201. Addressing social determinants of health and improving health outcomes (a) In general Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended— (1) by inserting after section 317U the following: 317V. Addressing social determinants of health and improving health outcomes (a) In general The Secretary shall, as appropriate, award grants, contracts, or cooperative agreements to eligible entities for the conduct of evidence-based or evidence-informed projects, which may include the development of networks to improve health outcomes and reduce health disparities by improving the capacity of such entities to address social determinants of health in communities. (b) Eligible entities To be eligible to receive an award under this section, an entity shall— (1) (A) be a State, local, or Tribal health department, community-based organization, Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act), urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act), or other public or private entity, as the Secretary determines appropriate; or (B) be a consortia or public-private partnership of entities described in subparagraph (A); (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require; (3) in the case of an entity other than a community-based organization, demonstrate a history of successfully working with an established community-based organization to address health disparities; (4) submit a plan to conduct activities described in subsection (a) based on a community needs assessment that takes into account community input; and (5) demonstrate the capacity to effectively implement evidence-based or evidence-informed strategies to address health disparities among underserved populations, which may include rural, racial, and ethnic minority populations and people with disabilities, in a timely manner. (c) Use of funds An entity described in subsection (b) shall use funds received under subsection (a), in consultation with State, local, and Tribal health departments, community-based organizations, and other entities with experience addressing social determinants of health or reducing health disparities, as applicable, for one or more of the following purposes: (1) Supporting the implementation, evaluation, and dissemination of strategies, including culturally-appropriate strategies, to address social determinants of health, based on the identified needs of the community that is the subject of the assessment submitted under subsection (b)(4), through evidence-informed or evidence-based programs and through the support and use of public health and health care professionals to address such social determinants of health. (2) Establishing, maintaining, or improving, in consultation with State, local, or Tribal health departments, technology platforms or networks to support coordination among appropriate entities, and providing information on health and related social services, which may include activities to improve data collection for public health purposes, in a manner that is consistent with applicable Federal and State privacy law. (3) Implementing best practices for improving health outcomes and reducing disease among underserved populations, including rural or racial and ethnic minority populations. (4) Supporting consideration of social determinants of health in preparing for, and responding to, public health emergencies, through outreach, education, research, and other relevant activities. (d) Best practices and technical assistance The Secretary, in consultation with the Director of the Office of Minority Health, may award grants, contracts, and cooperative agreements to public or nonprofit private entities, including minority serving institutions (defined, for purposes of this subsection, as institutions and programs described in section 326(e)(1) of the Higher Education Act of 1965 and institutions described in section 371(a) of such Act of 1965), to— (1) identify or facilitate the development of best practices to support improved health outcomes and reduce health disparities by addressing social determinants of health; (2) provide technical assistance, training, and evaluation assistance to award recipients under subsection (a); (3) disseminate best practices, including to award recipients under subsection (a); and (4) establish or operate regional centers to develop, evaluate, and disseminate effective strategies on the utilization of preventive health care services to address social determinants of health, including supporting research and training related to such strategies. (e) Award periods The Secretary shall issue awards under this section for periods of not more than 5 years and may issue extensions of such award periods for an additional period of up to 3 years. (f) Report Not later than September 30, 2026, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes information on activities funded under this section. Such report shall include a description of— (1) changes in the capacity of public health entities to address social determinants of health in communities, including any applicable platforms or networks developed or utilized to coordinate health and related social services and any changes in workforce capacity or capabilities; (2) improvements in health outcomes and in reducing health disparities in medically underserved communities; (3) activities conducted to support consideration of social determinants of health in preparing for, and responding to, public health emergencies, through outreach, education, and other relevant activities; (4) communities and populations served by recipients of awards under subsection (a); (5) activities supported under subsection (e); and (6) other relevant activities and outcomes, as determined by the Secretary. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated $70,000,000 for each of fiscal years 2023 through 2027. ; and (2) by striking section 330D ( 42 U.S.C. 254c–4 ). (b) GAO study and report Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Energy and Committee on Energy and Commerce of the House of Representatives a report on the program authorized under section 317V of the Public Health Service Act, as added by subsection (a), including a review of the outcomes and effectiveness of the program and coordination with other programs in the Department of Health and Human Services with similar goals to ensure that there was no unnecessary duplication of efforts. 202. National Academies of Sciences, Engineering, and Medicine report (a) In general Not later than 45 days after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies ) to conduct a study to examine health disparities and the effect of such disparities on health outcomes, which may include health outcomes related to pandemic and other public health emergencies. (b) Report Pursuant to the contract under subsection (a), the National Academies shall, not later than 3 years after the date of enactment of this Act, issue a report informed by the study conducted under such subsection that includes— (1) consideration of previous recommendations made by the National Academies related to health disparities, including in the report titled Unequal Treatment: Confronting Racial and Ethnic Disparities in Healthcare ; (2) recommendations for strategies to improve health outcomes by reducing health disparities, which may include education and training; and (3) an assessment of ongoing research and strategies to reduce health disparities and improve health outcomes, including effective service delivery models. (c) Clarification In completing the requirements of the contract under this section, the National Academies may leverage relevant ongoing work of the National Academies, including ongoing work related to the impact of Federal policies on health disparities. (d) Authorization of appropriations There is authorized to be appropriated $2,000,000 for fiscal year 2023 to carry out this section. B Improving public health data 211. Modernizing biosurveillance capabilities and infectious disease data collection Section 319D of the Public Health Service Act ( 42 U.S.C. 247d–4 ) is amended— (1) in subsection (b)(1)(A), by striking , and local and inserting , local, and Tribal ; (2) in subsection (c)— (A) in paragraph (1), by inserting modernize, after establish, ; (B) in paragraph (3)(B), by inserting , and make recommendations to improve the quality of data collected pursuant to subparagraph (A) to ensure complete, accurate, and timely sharing of such data, as appropriate, across such elements as described in subparagraph (A) after under subparagraph (A) ; (C) in paragraph (5)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking and operating and inserting , operating, and updating, as appropriate, ; (II) in clause (iv), by striking and at the end; (III) in clause (v), by striking the period and inserting ; and ; and (IV) by adding at the end the following: (vi) in collaboration with State, local, and Tribal public health officials, integrate and update applicable existing public health data systems and networks of the Department of Health and Human Services to reflect technological advancements, consistent with section 2823, as applicable. ; and (ii) in subparagraph (B)— (I) in clause (i), by inserting and 180 days after the date of enactment of the PREVENT Pandemics Act , after Innovation Act of 2019, ; (II) in clause (ii), by inserting experts in privacy and data security; after forecasting); ; and (III) in clause (iii)— (aa) in subclause (V), by striking and at the end; (bb) in subclause (VI), by striking the period and inserting a semicolon; and (cc) by adding at the end the following: (VII) strategies to integrate laboratory and public health data systems and capabilities to support rapid and accurate reporting of laboratory test results and associated relevant data; (VIII) strategies to improve the collection and reporting of relevant, aggregated, deidentified demographic data to inform responses to public health emergencies, including identification of at-risk populations and to address potential health disparities; and (IX) strategies to improve the electronic exchange of health information between State and local health departments and health care providers and facilities to improve public health surveillance. ; and (D) in paragraph (6)(A)— (i) in the matter preceding clause (i), by inserting and every 5 years thereafter, after Innovation Act of 2019, (ii) in clause (iii)— (I) in subclause (III), by striking and at the end; and (II) by adding at the end the following: (V) improve coordination and collaboration, as appropriate, with other Federal departments; and (VI) implement applicable lessons learned from recent public health emergencies to address gaps in situational awareness and biosurveillance capabilities; ; (iii) in clause (iv), by striking and at the end; (iv) in clause (v), by striking the period and inserting , including a description of how such steps will further the goals of the network, consistent with paragraph (1); and ; and (v) by adding at the end the following: (vi) identifies and demonstrates measurable steps the Secretary will take to further develop and integrate infectious disease detection, support rapid and accurate reporting of laboratory test results during a public health emergency, and improve coordination and collaboration with State, local, and Tribal public health officials, clinical laboratories, and other entities with expertise in public health surveillance. ; (3) in subsection (d)— (A) in paragraph (1), by inserting , acting through the Director of the Centers for Disease Control and Prevention and in coordination with the heads of other appropriate agencies and offices within the Department of Health and Human Services, after the Secretary ; (B) in paragraph (2)(C), by inserting , including any public-private partnerships or other partnerships entered into to improve such capacity before the semicolon; and (C) by adding at the end the following: (6) Non-duplication of effort The Secretary shall ensure that activities carried out under an award under this subsection do not unnecessarily duplicate efforts of other agencies and offices within the Department of Health and Human Services. ; (4) by amending subsection (i) to read as follows: (i) Authorization of appropriations There are authorized to be appropriated— (1) to carry out subsection (a), $25,000,000 for each of fiscal years 2022 and 2023; and (2) to carry out subsections (b), (c), and (d), $136,800,000 for each of fiscal years 2022 and 2023. ; and (5) by striking tribal each place it appears and inserting Tribal . 212. Genomic sequencing, analytics, and public health surveillance of pathogens (a) Guidance supporting genomic sequencing of pathogens collaboration The Secretary of Health and Human Services (referred to in this section as the Secretary ), in consultation with the heads of other Federal departments or agencies, as appropriate, shall issue guidance to support collaboration relating to genomic sequencing of pathogens, including the use of new and innovative approaches and technology for the detection, characterization, and sequencing of pathogens, to improve public health surveillance and preparedness and response activities, consistent with section 2824 of the Public Health Service Act, as added by subsection (b). Such guidance shall address the secure sharing, for public health surveillance purposes, of specimens of such pathogens, between appropriate entities and public health authorities, consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), as applicable, and in a manner that protects personal privacy to the extent required by applicable privacy law, at a minimum, and the appropriate use of sequence data derived from such specimens. (b) Genomic sequencing program Title XXVIII of the Public Health Service Act ( 42 U.S.C. 300hh et seq. ) is amended by adding at the end the following 2824. Genomic sequencing, analytics, and public health surveillance of pathogens program (a) Genomic sequencing, analytics, and public health surveillance of pathogens program The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Director of the National Institutes of Health and heads of other departments and agencies, as appropriate, shall strengthen and expand activities related to genomic sequencing of pathogens, including new and innovative approaches and technology for the detection, characterization, and sequencing of pathogens, analytics, and public health surveillance, including— (1) continuing and expanding activities, which may include existing genomic sequencing activities related to advanced molecular detection, to— (A) identify and respond to emerging infectious disease threats; and (B) identify the potential use of genomic sequencing technologies, advanced computing, and other advanced technology to inform surveillance activities and incorporate the use of such technologies, as appropriate, into related activities; (2) providing technical assistance and guidance to State, Tribal, local, and territorial public health departments to increase the capacity of such departments to perform genomic sequencing of pathogens, including recipients of funding under section 2821; (3) carrying out activities to enhance the capabilities of the public health workforce with respect to pathogen genomics, epidemiology, and bioinformatics, including through training; and (4) continuing and expanding activities, as applicable, with public and private entities, including relevant departments and agencies, laboratories, academic institutions, and industry. (b) Partnerships For the purposes of carrying out the activities described in subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants, contracts, or cooperative agreements to entities, including academic and other laboratories, with expertise in genomic sequencing for public health purposes, including new and innovative approaches to, and related technology for, the detection, characterization, and sequencing of pathogens. (c) Centers of excellence (1) In general The Secretary shall, as appropriate, award grants, contracts, or cooperative agreements to public health agencies for the establishment or operation of centers of excellence to promote innovation in pathogen genomics and molecular epidemiology to improve the control of and response to pathogens that may cause a public health emergency. Such centers shall, as appropriate— (A) identify and evaluate the use of genomics, or other related technologies that may advance public health preparedness and response; (B) improve the identification, development, and use of tools for integrating and analyzing genomic and epidemiologic data; (C) assist with genomic surveillance of, and response to, infectious diseases, including analysis of pathogen genomic data; (D) conduct applied research to improve public health surveillance of, and response to, infectious diseases through innovation in pathogen genomics and molecular epidemiology; and (E) develop and provide training materials for experts in the fields of genomics, microbiology, bioinformatics, epidemiology, and other fields, as appropriate. (2) Requirements To be eligible for an award under paragraph (1), an entity shall submit to the Secretary an application containing such information as the Secretary may require, including a description of how the entity will partner, as applicable, with academic institutions or a consortium of academic partners that have relevant expertise, such as microbial genomics, molecular epidemiology, or the application of bioinformatics or statistics. (d) Authorization For purposes of carrying out this section, there are authorized to be appropriated $175,000,000 for each of fiscal years 2023 through 2027. . 213. Supporting public health data availability and access (a) Designation of public health data standards Section 2823(a)(2) of the Public Health Service Act ( 42 U.S.C. 300hh–33(a)(2) ) is amended— (1) by striking In carrying out and inserting the following: (A) In general In carrying out ; and (2) by striking shall, as appropriate and and inserting shall, not later than 2 years after the date of enactment of the PREVENT Pandemics Act , ; and (3) by adding at the end the following: (B) Selection of data and technology standards The standards designated as described in subparagraph (A) may include standards to improve— (i) the exchange of electronic health information for— (I) electronic case reporting; (II) syndromic surveillance; (III) reporting of vital statistics; and (IV) reporting test orders and results electronically, including from laboratories; (ii) automated electronic reporting to relevant public health data systems of the Centers for Disease Control and Prevention; and (iii) such other use cases as the Secretary determines appropriate. (C) No duplicative efforts (i) In general In carrying out the requirements of this paragraph, the Secretary, in consultation with the Office of the National Coordinator for Health Information Technology, may use input gathered (including input and recommendations gathered from the Health Information Technology Advisory Committee), and materials developed, prior to the date of enactment of the PREVENT Pandemics Act . (ii) Previously adopted standards The data and technology standards designated pursuant to this paragraph may include the adoption of standards previously adopted by the Secretary pursuant to section 3004. (D) Privacy and security Nothing in this paragraph shall be construed as modifying applicable Federal or State information privacy or security law. . (b) Study on laboratory information standards (1) In general Not later than 1 year after the date of enactment of this Act, the Office of the National Coordinator for Health Information Technology shall conduct a study to review the use of standards for electronic ordering and reporting of laboratory test results. (2) Areas of concentration In conducting the study under paragraph (1), the Office of the National Coordinator for Health Information Technology shall— (A) determine the extent to which clinical laboratories are using standards for electronic ordering and reporting of laboratory test results; (B) assess trends in laboratory compliance with standards for ordering and reporting laboratory test results and the effect of such trends on the interoperability of laboratory data with public health data systems; (C) identify challenges related to collection and reporting of demographic and other data elements with respect to laboratory test results; (D) identify any challenges associated with using or complying with standards and reporting laboratory test results with data elements identified in standards for electronic ordering and reporting of such results; and (E) review other relevant areas determined appropriate by the Office of the National Coordinator for Health Information Technology. (3) Report Not later than 2 years after the date of enactment of this Act, the Office of the National Coordinator for Health Information Technology shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the findings of the study conducted under paragraph (1). (c) Supporting information sharing through data use agreements (1) Interagency data use agreements within the Department of Health and Human Services for public health emergencies (A) In general The Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall, as appropriate, facilitate the development of, or updates to, memoranda of understanding, data use agreements, or other applicable interagency agreements regarding appropriate access, exchange, and use of public health data between the Centers for Disease Control and Prevention, the Office of the Assistant Secretary for Preparedness and Response, other relevant agencies or offices within the Department of Health and Human Services, and other relevant Federal agencies, in order to prepare for, identify, monitor, and respond to declared or potential public health emergencies. (B) Requirements In carrying out activities pursuant to subparagraph (A), the Secretary shall— (i) ensure that the agreements and memoranda of understanding described in such subparagraph— (I) address the methods of granting access to data held by one agency or office with another to support the respective missions of such agencies or offices; (II) consider minimum necessary principles of data sharing for appropriate use; (III) include appropriate privacy and cybersecurity protections; and (IV) are subject to regular updates, as appropriate; (ii) collaborate with the Centers for Disease Control and Prevention, the Office of the Assistant Secretary for Preparedness and Response, the Office of the Chief Information Officer, and, as appropriate, the Office of the National Coordinator for Health Information Technology, and other entities within the Department of Health and Human Services; and (iii) consider the terms and conditions of any existing data use agreements with other public or private entities and any need for updates to such existing agreements, consistent with paragraph (2). (2) Data use agreements with external entities The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Preparedness and Response, may update memoranda of understanding, data use agreements, or other applicable agreements and contracts to improve appropriate access, exchange, and use of public health data between the Centers for Disease Control and Prevention and the Office of the Assistant Secretary for Preparedness and Response and external entities, including State, Tribal, and territorial health departments, laboratories, hospitals and other health care providers, electronic health records vendors, and other entities, as applicable and appropriate, in order to prepare for, identify, monitor, and respond to declared or potential public health emergencies. (3) Report Not later than 90 days after the date of enactment of this Act, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of the agreements under this subsection. (d) Improving information sharing and availability of public health data Part A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: 310B. Improving information sharing and availability of public health data (a) In general The Secretary may, in consultation with State, local, and Tribal public health officials, carry out activities to improve the availability of appropriate and applicable public health data related to communicable diseases, and information sharing between, the Director of the Centers for Disease Control and Prevention, the Assistant Secretary for Preparedness and Response, and such State, local, and Tribal public health officials, which may include such data from— (1) health care providers and facilities; (2) public health and clinical laboratories; and (3) State, local, and Tribal health departments. (b) Content, form, and manner The Secretary shall, consistent with the requirements of this section, work with such officials and relevant stakeholders to provide information on the content, form, and manner in which such data may most effectively support the ability of State, local, and Tribal health departments to respond to such communicable diseases, including related to the collection and reporting of demographic and other relevant data elements. (c) Decreased burden In facilitating the coordination of efforts under subsection (a), the Secretary shall make reasonable efforts to limit reported public health data to the minimum necessary information needed to accomplish the intended public health surveillance purpose. (d) Exemption of certain public health data from disclosure The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health data that are gathered under this section if— (1) an individual is identified through such data; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the information, the request, and other available data sources or the application of technology could be used to deduce the identity of an individual. . (e) Improving public health data collection (1) In general The Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall award grants, contracts, or cooperative agreements to eligible entities for purposes of identifying, developing, or disseminating best practices in the collection of electronic health information and the use of designated data standards and implementation specifications to improve the quality and completeness of data, including demographic data, collected, accessed, or used for public health purposes and to address health disparities and related health outcomes. (2) Eligible entities To be eligible to receive an award under this subsection an entity shall— (A) be a health care provider, academic medical center, community-based organization, State, local governmental entity, Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self Determination and Education Assistance Act ( 25 U.S.C. 5304 )), urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )), or other appropriate public or private nonprofit entity, or a consortia of any such entities; and (B) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Activities Entities receiving awards under this subsection shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture, access, exchange, and use of electronic health information, including demographic information, disability status, veteran status, housing status, functional status, and other data elements. Such activities shall include, at a minimum— (A) improving, understanding, and using data standards and implementation specifications; (B) developing or identifying methods to improve communication with patients in a culturally- and linguistically-appropriate manner, including to better capture information related to demographics of such individuals; (C) developing methods for accurately categorizing and recording patient responses using available data standards; (D) educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data; and (E) other activities, as the Secretary determines appropriate. (4) Reporting (A) Reporting by award recipients Each recipient of an award under this subsection shall submit to the Secretary a report on the results of best practices identified, developed, or disseminated through such award. (B) Report to congress Not later than 1 year after the completion of the program under this subsection, the Secretary shall submit a report to Congress on the success of best practices developed under such program, opportunities for further dissemination of such best practices, and recommendations for improving the capture, access, exchange, and use of information to improve public health and reduce health disparities. (5) Non-duplication of efforts The Secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort. (6) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2025 to carry out this subsection. 214. Epidemic forecasting and outbreak analytics Title XXVIII of the Public Health Service Act ( 42 U.S.C. 300hh et seq. ), as amended by section 212, is further amended by adding at the end the following: 2825. Epidemic forecasting and outbreak analytics (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue activities related to the development of infectious disease outbreak analysis capabilities to enhance the prediction, modeling, and forecasting of potential public health emergencies and other infectious disease outbreaks, which may include activities to support preparedness for, and response to, such emergencies and outbreaks. In carrying out this subsection, the Secretary shall identify strategies to include and leverage, as appropriate, the capabilities to public and private entities, which may include conducting such activities through collaborative partnerships with public and private entities, including academic institutions, and other Federal agencies, consistent with section 319D, as applicable. (b) Considerations In carrying out subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may consider public health data and, as appropriate, other data sources related to the transmission of such infectious diseases that affect preparedness for, or response to, public health emergencies and infectious disease outbreaks. (c) Annual reports Not later than 1 year after the date of enactment of this section, and annually thereafter for each of the subsequent 4 years, the Secretary shall prepare and submit a report, to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, regarding an update on progress on activities conducted under this section to develop infectious disease outbreak analysis capabilities and any additional information relevant to such efforts. . 215. Report on CDC data portal (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding public health data modernization initiatives, surveillance investments, and public health data reporting modernization initiatives under this Act (including the amendments made by this Act) and the Public Health Service Act ( 42 U.S.C. 201 et seq. ), and provide recommendations on the feasibility of the use of a web-based information technology platform (referred to in this section as the platform ) for the streamlining of existing voluntary submissions of public health data for all State, local, Tribal, and territorial entities that report such data to the Centers for Disease Control and Prevention, and whether such platform would reduce the reporting burden for such entities. (b) Requirements The report under subsection (a) shall address the extent to which the submission of such data to the platform may— (1) support coordination within the Department of Health and Human Services; (2) provide appropriate information among and between State, Tribal, local, and territorial public health officials; (3) leverage private sector technologies; and (4) provide for the streamlining of data reporting to the greatest extent possible. 216. Public health data transparency (a) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue a report assessing practices, objectives, and associated progress and challenges in achieving such objectives, of the Centers of Disease Control and Prevention with respect to the collection and dissemination of public health data related to a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) or a potential public health emergency. (b) Plan Not later than 180 days following the issuance of the report pursuant to paragraph (1), the Director of the Centers for Disease Control and Prevention shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a plan that shall include— (1) steps to improve the timely reporting and dissemination of public health data related to a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) or a potential public health emergency that is collected by the Centers for Disease Control and Prevention, including any associated barriers; (2) recommendations to Congress regarding gaps in such practices and objectives described in subsection (a); and (3) considerations regarding the requirements and limitations of data use agreements for such purposes, as applicable. C Revitalizing the public health workforce 221. Improving recruitment and retention of the frontline public health workforce (a) In general Section 776 of the Public Health Service Act ( 42 U.S.C. 295f–1 ) is amended— (1) in subsection (a)— (A) by striking supply of and inserting supply of, and encourage recruitment and retention of, ; and (B) by striking Federal, ; (2) in subsection (b)— (A) by amending paragraph (1)(A) to read as follows: (1) (A) (i) be accepted for enrollment, or be enrolled, as a student in an accredited institution of higher education or school of public health in the final semester (or equivalent) of a program leading to a certificate or degree, including a master’s or doctoral degree, in public health, epidemiology, laboratory sciences, data systems, data science, data analytics, informatics, statistics, or another subject matter related to public health; and (ii) be employed by, or have accepted employment with, a State, local, or Tribal public health agency, or a related training fellowship at such State, local, or Tribal public health agency, as recognized by the Secretary, to commence upon graduation; or ; and (B) in paragraph (1)(B)— (i) in clause (i)— (I) by striking accredited educational institution in a State or territory and inserting accredited institution of higher education or school of public health ; and (II) by striking a public health or health professions degree or certificate and inserting a certificate or degree, including a master’s or doctoral degree, in public health, epidemiology, laboratory sciences, data systems, data science, data analytics, informatics, statistics, or another subject matter related to public health ; and (ii) in clause (ii)— (I) by striking Federal, ; and (II) by striking fellowship, and inserting fellowship at such State, local, or Tribal public health agency, ; (3) in subsection (c)(2)— (A) by striking Federal, ; and (B) by striking equal to the greater of— and all that follows through the end of subparagraph (B) and inserting of at least 3 consecutive years; ; (4) in subsection (d)— (A) by amending paragraph (1) to read as follows: (1) In general A loan repayment provided for an individual under a written contract under the Program shall consist of payment, in accordance with paragraph (2), for the individual toward the outstanding principal and interest on education loans incurred by the individual in the pursuit of the relevant degree or certificate described in subsection (b)(1) in accordance with the terms of the contract. ; and (B) in paragraph (2)— (i) by striking For each year and inserting the following: (A) In general For each year ; (ii) by striking $35,000 and inserting $50,000 ; (iii) by striking $105,000 and inserting $150,000 ; and (iv) by adding at the end the following: (B) Considerations The Secretary may take action in making awards under this section to ensure that— (i) an appropriate proportion of contracts are awarded to individuals who are eligible to participate in the program pursuant to subsection (b)(1)(A); and (ii) contracts awarded under this section are equitably distributed among— (I) the geographical regions of the United States; (II) local, State, and Tribal public health departments; and (III) such public health departments under subclause (II) serving rural and urban areas. ; (5) in subsection (e), by striking receiving a degree or certificate from a health professions or other related school and inserting with a contract to serve under subsection (c) ; (6) in subsection (f), by adding at the end the following: In the event that a participant fails to either begin or complete the obligated service requirement of the loan repayment contract under this section, the Secretary may waive or suspend either the unfulfilled service or the assessed damages as provided for under section 338E(d), as appropriate. ; (7) by redesignating subsection (g) as subsection (h); (8) by inserting after subsection (f) the following: (g) Eligible loans The loans eligible for repayment under this section are each of the following: (1) Any loan for education or training for employment by a health department. (2) Any loan under part E of title VIII (relating to nursing student loans). (3) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). (4) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. (5) Any other Federal loan, as the Secretary determines appropriate. ; (9) in subsection (h), as so redesignated, by striking $195,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 through 2015 and inserting such sums as may be necessary for each of fiscal years 2022 through 2025 ; and (10) by striking tribal each place such term appears and inserting Tribal . (b) GAO study on public health workforce Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct an evaluation of what is known about the public health workforce in the United States, which shall address— (A) existing gaps in the Federal, State, local, Tribal, and territorial public health workforce, including positions that may be required to prepare for, and respond to, a public health emergency such as COVID–19; (B) challenges associated with the hiring, recruitment, and retention of the Federal, State, local, Tribal, and territorial public health workforce; and (C) Federal efforts to improve hiring, recruitment, and retention of the public health workforce; and (2) submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on such review. 222. Awards to support community health workers and community health (a) In general Section 399V of the Public Health Service Act ( 42 U.S.C. 280g–11 ) is amended— (1) by amending the section heading to read as follows: Awards to support community health workers and community health ; (2) by amending subsection (a) to read as follows: (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Administrator of the Health Resources and Services Administration, shall award grants, contracts, or cooperative agreements to eligible entities to promote positive health behaviors and outcomes for populations in medically underserved communities by leveraging community health workers, including by addressing ongoing and longer-term community health needs, and by building the capacity of the community health worker workforce. Such grants, contracts, and cooperative agreements shall be awarded in alignment and coordination with existing funding arrangements supporting community health workers. ; (3) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking Grants awarded and inserting Subject to any requirements for the scope of licensure, registration, or certification of a community health worker under applicable State law, grants, contracts, and cooperative agreements awarded ; and (ii) by striking support community health workers ; (B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (C) by striking paragraphs (1) and (2) and inserting the following: (1) recruit, hire, train, and retain community health workers that reflect the needs of the community; (2) support community health workers in providing education and outreach, in a community setting, regarding— (A) health conditions prevalent in— (i) medically underserved communities (as defined in section 799B), particularly racial and ethnic minority populations; and (ii) other such at-risk populations or geographic areas that may require additional support during public health emergencies, which may include counties identified by the Secretary using applicable measures developed by the Centers for Disease Control and Prevention or other Federal agencies; and (B) addressing social determinants of health and eliminating health disparities, including by— (i) promoting awareness of services and resources to increase access to health care, mental health and substance use disorder services, child services, technology, housing services, educational services, nutrition services, employment services, and other services; and (ii) assisting in conducting individual and community needs assessments; (3) educate community members, including regarding effective strategies to promote healthy behaviors; ; (D) in paragraph (4), as so redesignated, by striking to educate and inserting educate ; (E) in paragraph (5), as so redesignated— (i) by striking to identify and inserting identify ; (ii) by striking healthcare agencies and inserting health care agencies ; and (iii) by striking healthcare services and to eliminate duplicative care; or and inserting health care services and to streamline care, including serving as a liaison between communities and health care agencies; and ; and (F) in paragraph (6), as so redesignated— (i) by striking to educate, guide, and provide and inserting support community health workers in educating, guiding, or providing ; and (ii) by striking maternal health and prenatal care and inserting chronic diseases, maternal health, prenatal, and postpartum care in order to improve maternal and infant health outcomes ; (4) in subsection (c), by striking Each eligible entity and all that follows through accompanied by and inserting To be eligible to receive an award under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing ; (5) in subsection (d)— (A) in the matter preceding paragraph (1), by striking awarding grants and inserting making awards ; (B) by amending paragraph (1) to read as follows: (1) propose to serve— (A) areas with populations that have a high rate of chronic disease, infant mortality, or maternal morbidity and mortality; (B) low-income populations, including medically underserved populations (as defined in section 330(b)(3)); (C) populations residing in health professional shortage areas (as defined in section 332(a)); (D) populations residing in maternity care health professional target areas identified under section 332(k); or (E) rural or traditionally underserved populations, including racial and ethnic minority populations or low-income populations; ; (C) in paragraph (2), by striking ; and and inserting , including rural populations and racial and ethnic minority populations; ; (D) in paragraph (3), by striking with community health workers. and inserting and established relationships with community health workers in the communities expected to be served by the program; and (E) by adding at the end the following: (4) develop a plan for providing services to the extent practicable, in the language and cultural context most appropriate to individuals expected to be served by the program; and (5) propose to use evidence-informed or evidence-based practices, as applicable and appropriate. ; (6) in subsection (e)— (A) by striking community health worker programs and inserting eligible entities ; and (B) by striking and one-stop delivery systems under section 121(e) and inserting , health professions schools, minority-serving institutions (defined, for purposes of this subsection, as institutions and programs described in section 326(e)(1) of the Higher Education Act of 1965 and institutions described in section 371(a) of such Act), area health education centers under section 751 of this Act, and one-stop delivery systems under section 121 ; (7) by striking subsections (f), (g), (h), (i), and (j) and inserting the following: (f) Technical assistance The Secretary may provide to eligible entities that receive awards under subsection (a) technical assistance with respect to planning, development, and operation of community health worker programs authorized or supported under this section. (g) Dissemination of best practices Not later than 4 years after the date of enactment of the PREVENT Pandemics Act , the Secretary shall, based on activities carried out under this section and in consultation with relevant stakeholders, identify and disseminate evidence-based or evidence-informed practices regarding recruitment and retention of community health workers and paraprofessionals to address ongoing public health and community health needs, and to prepare for, and respond to, future public health emergencies. (h) Report to Congress Not later than 4 years after the date of enactment of the PREVENT Pandemics Act , the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the effectiveness of the program under this section in addressing ongoing public health and community health needs. Such report shall include recommendations regarding any improvements to such program, including recommendations for how to improve recruitment, training, and retention of the community health workforce. (i) Authorization of appropriations For purposes of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027. ; (8) by redesignating subsection (k) as subsection (j); and (9) in subsection (j), as so redesignated— (A) by striking paragraphs (1), (2), and (4); (B) by redesignating paragraph (3) as paragraph (1); (C) in paragraph (1), as so redesignated— (i) by striking entity (including a State or public subdivision of a State and inserting entity, including a State or political subdivision of a State, an Indian Tribe or Tribal organization, an urban Indian organization, a community-based organization ; and (ii) by striking as defined in section 1861(aa) of the Social Security Act)) and inserting (as defined in section 1861(aa)(4) of the Social Security Act) ; and (D) by adding at the end the following: (2) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act. (3) Urban Indian organization The term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act. . (b) GAO study and report Not later than 1 year after the date of submission of the report under subsection (h) of section 399V of the Public Health Service Act ( 42 U.S.C. 280g–11 ), as amended by subsection (a), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the program authorized under such section 399V, including a review of the efforts of the Secretary of Health and Human Services to coordinate such program with applicable programs of the Health Resources and Services Administration to ensure there is no unnecessary duplication of efforts among such programs, and identification of any areas of duplication. 223. Improving public health emergency response capacity (a) Certain appointments to support public health emergency responses Section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) is amended by adding at the end the following: (g) Certain appointments To support public health emergency responses (1) In general In order to support the initial response to a public health emergency declared by the Secretary under this section, the Secretary may, subject to paragraph (2) and without regard to sections 3309 through 3318 of title 5, United States Code, appoint individuals directly to positions in the Department of Health and Human Services for which the Secretary has provided public notice in order to— (A) address a critical hiring need directly related to responding to a public health emergency declared by the Secretary under this section; or (B) address a severe shortage of candidates that impacts the operational capacity of the Department of Health and Human Services to respond in the event of a public health emergency declared by the Secretary under this section. (2) Number of appointments Each fiscal year in which the Secretary makes a determination of a public health emergency under subsection (a) (not including a renewal), the Secretary may directly appoint not more than— (A) 400 individuals under paragraph (1)(A); and (B) 100 individuals under paragraph (1)(B). (3) Compensation The annual rate of basic pay of an individual appointed under this subsection shall be determined in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code. (4) Reporting The Secretary shall establish and maintain records regarding the use of the authority under this subsection, including— (A) the number of positions filled through such authority; (B) the types of appointments of such positions; (C) the titles, occupational series, and grades of such positions; (D) the number of positions publicly noticed to be filled under such authority; (E) the number of qualified applicants who apply for such positions; (F) the qualification criteria for such positions; and (G) the demographic information of individuals appointed to such positions. (5) Notification to Congress In the event the Secretary, within a single fiscal year, directly appoints more than 50 percent of the individuals allowable under either subparagraph (A) or (B) of paragraph (2), the Secretary shall, not later than 15 days after the date of such action, notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such notification shall, in a manner that protects personal privacy, to the extent required by applicable Federal and State privacy law, at a minimum, include— (A) information on each such appointment within such fiscal year; (B) a description of how each such position relates to the requirements of subparagraph (A) or (B) of paragraph (1); and (C) the additional number of personnel, if any, the Secretary anticipates to be necessary to adequately support a response to a public health emergency declared under this section using the authorities described in paragraph (1) within such fiscal year. (6) Reports to Congress Not later than September 30, 2023, and annually thereafter for each fiscal year in which the authority under this subsection is used, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the total number of appointments filled under this subsection within the fiscal year and a description of how the positions relate to the requirements of subparagraph (A) or (B) of paragraph (1). (7) Sunset The authority under this subsection shall expire on September 30, 2028. . (b) GAO report Not later than 1 year after the issuance of the initial report under subsection (g)(6) of section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), as added by subsection (a), and again 180 days after the date on which the authority provided under section 319(g) of such Act expires pursuant to paragraph (7) of such section, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the use of the authority provided under such section. Such report shall, in a manner that protects personal privacy, at a minimum, include information on— (1) the number of positions publicly noticed and filled under the authority of each of subparagraphs (A) and (B) of such section 319(g)(1); (2) the occupational series, grades, and types of appointments of such positions; (3) how such positions related to addressing a need or shortage described in subparagraph (A) or (B) of such section; (4) how the Secretary of Health and Human Services made appointment decisions under each of subparagraphs (A) and (B) of such section; (5) sources used to identify candidates for filling such positions; (6) the number of individuals appointed under each such subparagraph; (7) aggregated demographic information related to individuals appointed under each such subparagraph; and (8) any challenges, limitations, or gaps related to the use of the authority under each such subparagraph and any related recommendations to address such challenges, limitations, or gaps. 224. Extension of authorities to support health professional volunteers at community health centers Section 224(q) of the Public Health Service Act ( 42 U.S.C. 233(q) ) is amended by striking paragraph (6). 225. Increasing educational opportunities for allied health professions Section 755(b) of the Public Health Service Act ( 42 U.S.C. 294e(b) ) is amended by adding at the end the following: (4) Increasing educational opportunities in physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology professions, which may include offering scholarships or stipends and carrying out other activities to improve retention, for individuals from disadvantaged backgrounds or individuals who are underrepresented in such professions. . 226. Public Health Service Corps annual and sick leave (a) In general Section 219 of the Public Health Service Act ( 42 U.S.C. 210–1 ) is amended— (1) in subsection (a)— (A) by striking Reserve Corps and inserting Ready Reserve Corps ; and (B) by striking : Provided , That such regulations shall not authorize annual leave to be accumulated in excess of sixty days ; (2) by inserting after subsection (a) the following: (b) The regulations described in subsection (a) may authorize accumulated annual leave of not more than 120 days for any commissioned officer of the Regular Corps or officer of the Ready Reserve Corps on active duty. ; and (3) by redesignating subsection (d) as subsection (c). (b) Application The amendments made by subsection (a) shall apply with respect to accumulated annual leave (as defined in section 219 of the Public Health Service Act ( 42 U.S.C. 210–1 )) that a commissioned officer of the Regular Corps or officer of the Ready Reserve Corps on active duty would, but for the regulations described in such section, lose at the end of fiscal year 2022 or a subsequent fiscal year. D Improving public health responses 231. Centers for public health preparedness and response (a) In general Section 319F of the Public Health Service Act ( 42 U.S.C. 247d–6 ) is amended— (1) by striking subsection (d) and inserting the following: (d) Centers for Public Health Preparedness and Response (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants, contracts, or cooperative agreements to institutions of higher education, including accredited schools of public health, or other nonprofit private entities to establish or maintain a network of Centers for Public Health Preparedness and Response (referred to in this subsection as Centers ). (2) Eligibility To be eligible to receive an award under this subsection, an entity shall submit to the Secretary an application containing such information as the Secretary may require, including a description of how the entity will— (A) coordinate relevant activities with applicable State, local, and Tribal health departments and officials, health care facilities, and health care coalitions to improve public health preparedness and response, as informed by the public health preparedness and response needs of the community, or communities, involved; (B) prioritize efforts to implement evidence-informed or evidence-based practices to improve public health preparedness and response, including by helping to reduce the transmission of emerging infectious diseases; and (C) use funds awarded under this subsection, including by carrying out any activities described in paragraph (3). (3) Use of funds The Centers established or maintained under this subsection shall use funds awarded under this subsection to carry out activities to advance public health preparedness and response capabilities, which may include— (A) identifying, translating, and disseminating promising research findings or strategies into evidence-informed or evidence-based practices to inform preparedness for, and responses to, chemical, biological, radiological, or nuclear threats, including emerging infectious diseases, and other public health emergencies, which may include conducting research related to public health preparedness and response systems; (B) improving awareness of such evidence-informed or evidence-based practices and other relevant scientific or public health information among health care professionals, public health professionals, other stakeholders, and the public, including through the development, evaluation, and dissemination of trainings and training materials, consistent with section 2802(b)(2), as applicable and appropriate, and with consideration given to existing training materials, to support preparedness for, and responses to, such threats; (C) utilizing and expanding relevant technological and analytical capabilities to inform public health and medical preparedness and response efforts; (D) expanding activities, including through public-private partnerships, related to public health preparedness and response, including participation in drills and exercises and training public health experts, as appropriate; and (E) providing technical assistance and expertise that relies on evidence-based practices, as applicable, related to responses to public health emergencies, as appropriate, to State, local, and Tribal health departments and other entities pursuant to paragraph (2)(A). (4) Distribution of awards In awarding grants, contracts, or cooperative agreements under this subsection, the Secretary shall support not fewer than 10 Centers, subject to the availability of appropriations, and ensure that such awards are equitably distributed among the geographical regions of the United States. ; and (2) in subsection (f)(1)(C), by striking , of which $5,000,000 shall be used to carry out paragraphs (3) through (5) of such subsection . (b) Repeal Section 319G of the Public Health Service Act ( 42 U.S.C. 247d–7 ) is repealed. 232. Vaccine distribution plans Section 319A of the Public Health Service Act ( 42 U.S.C. 247d–1 ) is amended— (1) in subsection (a)— (A) by inserting , or other federally purchased vaccine to address another pandemic before the period at the end of the first sentence; and (B) by inserting or other pandemic before the period at the end of the second sentence; and (2) in subsection (d), by inserting or other pandemics after influenza pandemics . 233. Coordination and collaboration regarding blood supply (a) In general The Secretary of Health and Human Services, or the Secretary’s designee, shall— (1) ensure coordination and collaboration between relevant Federal departments and agencies related to the safety and availability of the blood supply, including— (A) the Department of Health and Human Services, including the Office of the Assistant Secretary for Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Office of the Assistant Secretary for Preparedness and Response, the National Institutes of Health, the Centers for Medicare & Medicaid Services, and the Health Resources and Services Administration; (B) the Department of Defense; and (C) the Department of Veterans Affairs; and (2) consult and communicate with private stakeholders, including blood collection establishments, health care providers, accreditation organizations, researchers, and patients, regarding issues related to the safety and availability of the blood supply. (b) Streamlining blood donor input Chapter 35 of title 44, United States Code, shall not apply to the collection of information to which a response is voluntary and that is initiated by the Secretary of Health and Human Services to solicit information from blood donors or potential blood donors to support the development of recommendations by the Secretary concerning blood donation. III Accelerating research and countermeasure discovery A Fostering research and development and improving coordination 301. Research and activities related to long-term health effects of SARS–CoV–2 infection (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall, as appropriate— (1) continue to conduct or support basic, clinical, epidemiological, behavioral, and translational research and public health surveillance related to the pathogenesis, prevention, diagnosis, and treatment of the long-term health effects of SARS–CoV–2 infection; and (2) in consultation with health professional associations, researchers, and other relevant experts, develop and inform recommendations, guidance, and provide educational materials for health care providers and the general public on the long-term effects of SARS–CoV–2 infection, consistent with the findings of studies and research under paragraph (1). (b) Considerations In conducting or supporting research under this section, the Secretary shall consider the diversity of research participants or cohorts to ensure inclusion of a broad range of participants, as applicable and appropriate. (c) Annual reports Not later than 1 year after the date of enactment of this Act, and annually thereafter for the next 4 years, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding an overview of the research conducted or supported under this section and any relevant findings. Such reports may include information about how the research and relevant findings under this section relate to other research efforts supported by other public or private entities. 302. Research centers for pathogens of pandemic concern Subpart 6 of part C of title IV of the Public Health Service Act is amended by inserting after section 447C ( 42 U.S.C. 285f–4 ) the following: 447D. Research centers for pathogens of pandemic concern (a) In general The Director of the Institute, in collaboration, as appropriate, with the directors of applicable institutes, centers, and divisions of the National Institutes of Health, the Assistant Secretary for Preparedness and Response, and the Director of the Biomedical Advanced Research and Development Authority, shall establish or continue a multidisciplinary research program to advance the discovery and preclinical development of medical products for priority virus families and other viral pathogens with a significant potential to cause a pandemic, through support for research centers. (b) Uses of funds The Director of the Institute shall award funding through grants, contracts, or cooperative agreements to public or private entities to provide support for research centers described in subsection (a) for the purpose of— (1) conducting basic research through preclinical development of new medical products or technologies, including platform technologies, to address pathogens of pandemic concern; (2) identifying potential targets for therapeutic candidates, including antivirals, to treat such pathogens; (3) identifying existing medical products with the potential to address such pathogens, including candidates that could be used in outpatient settings; and (4) carrying out or supporting other research related to medical products to address such pathogens, as determined appropriate by the Director. (c) Coordination The Director of the Institute shall, as appropriate, provide for the coordination of activities among the centers described in subsection (a), including through— (1) facilitating the exchange of information and regular communication among the centers, as appropriate; and (2) requiring the periodic preparation and submission to the Director of reports on the activities of each center. (d) Priority In awarding funding through grants, contracts, or cooperative agreements under subsection (a), the Director of the Institute shall, as appropriate, give priority to applicants with existing frameworks and partnerships, as applicable, to support the advancement of such research. (e) Collaboration The Director of the Institute shall— (1) collaborate with the heads of other appropriate Federal departments, agencies, and offices with respect to the identification of additional priority virus families and other viral pathogens with a significant potential to cause a pandemic; and (2) collaborate with the Director of the Biomedical Advanced Research and Development Authority with respect to the research conducted by centers described in subsection (a), including, as appropriate, providing any updates on the research advancements made by such centers, identifying any advanced research and development needs for such countermeasures, consistent with section 319L(a)(6), and taking into consideration existing manufacturing capacity and future capacity needs for such medical products or technologies, including platform technologies, supported by the centers described in subsection (a). (f) Supplement, not supplant Any support received by a center described in subsection (a) under this section shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported. . 303. Improving medical countermeasure research coordination Section 402(b) in the Public Health Service Act ( 42 U.S.C. 282(b) ) is amended— (1) in paragraph (24), by striking and at the end; (2) in paragraph (25), by striking the period and inserting a semicolon; and (3) by inserting after paragraph (25) the following: (26) shall consult with the Assistant Secretary for Preparedness and Response, the Director of the Biomedical Advanced Research and Development Authority, the Director of the Centers for Disease Control and Prevention, and the heads of other Federal agencies and offices, as appropriate, regarding research needs to advance medical countermeasures to diagnose, mitigate, prevent, or treat harm from any biological agent or toxin, including emerging infectious diseases, chemical, radiological, or nuclear agent that may cause a public health emergency or other research needs related to emerging public health threats; . 304. Accessing specimen samples and diagnostic tests (a) Improving research and development of medical countermeasures for novel pathogens (1) Sample access Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall make publicly available policies and procedures related to public and private entities accessing specimens of, or specimens containing, pathogens or suitable surrogates for, or alternatives to, such pathogens as the Secretary determines appropriate to support public health preparedness and response activities or biomedical research for purposes of the development and validation, as applicable, of medical products to address emerging infectious diseases and for use to otherwise respond to emerging infectious diseases. Such policies and procedures shall take into account, as appropriate, any applicable existing Federal resources. (2) Guidance The Secretary shall issue guidance regarding the procedures for carrying out paragraph (1), including— (A) the method for requesting such samples; (B) considerations for sample availability and use of suitable surrogates or alternatives to such pathogens, as appropriate, including applicable safeguard and security measures; and (C) information required to be provided in order to receive such samples or suitable surrogates or alternatives. (b) Earlier development of diagnostic tests Title III of the Public Health Service Act is amended by inserting after section 319A ( 42 U.S.C. 247d–1 ) the following: 319B. Earlier development of diagnostic tests The Secretary may contract with public and private entities, as appropriate, to increase capacity in the rapid development, validation, manufacture, and dissemination of diagnostic tests, as appropriate, to State, local, and Tribal health departments and other appropriate entities for immediate public health response activities to address an emerging infectious disease with respect to which a public health emergency is declared under section 319, or that has significant potential to cause such a public health emergency. . B Improving biosafety and biosecurity 311. Improving control and oversight of select biological agents and toxins Section 351A of the Public Health Service Act ( 42 U.S.C. 262a ) is amended— (1) in subsection (b)(1), by amending subparagraph (A) to read as follows: (A) proper training, including with respect to notification requirements under this section, of— (i) individuals who are involved in the handling and use of such agents and toxins, including appropriate skills to handle such agents and toxins; (ii) individuals whose responsibilities routinely place them in close proximity to laboratory facilities in which such agents and toxins are being transferred, possessed, or used; and (iii) individuals who perform administrative or oversight functions of the facility related to the transfer, possession, or use of such agents and toxins on behalf of registered persons; ; (2) in subsection (e)(1), by striking (including the risk of use in domestic or international terrorism) and inserting (including risks posed by the release, theft, or loss of such agent or toxin, or use in domestic or international terrorism) ; (3) in subsection (k)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) by inserting before paragraph (2), as so redesignated, the following: (1) Notification with respect to federal facilities In the event of the release, loss, or theft of an agent or toxin listed by the Secretary pursuant to subsection (a)(1), or by the Secretary of Agriculture pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002, from or within a laboratory facility owned or operated by the Department of Health and Human Services, or other Federal laboratory facility subject to the requirements of this section, the Secretary, in a manner that does not compromise national security, shall— (A) not later than 72 hours after such event is reported to the Secretary, notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives of such event, including— (i) the Federal laboratory facility in which such release, loss, or theft occurred; and (ii) the circumstances of such release, loss, or theft; and (B) not later than 14 days after such notification, update such Committees on— (i) any actions taken or planned by the Secretary to mitigate any potential threat such release, loss, or theft may pose to public health and safety; and (ii) any actions taken or planned by the Secretary to review the circumstances of such release, loss, or theft, and prevent similar events. ; and (C) by amending paragraph (2), as so redesignated, to read as follows: (2) Annual report The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on an annual basis a report— (A) summarizing the number and nature of notifications received under subsection (e)(8) (relating to theft or loss) and subsection (j) (relating to releases), during the preceding fiscal year; (B) describing actions taken by the Secretary to address such incidents, such as any corrective action plans required and steps taken to promote adherence to, and compliance with, safety and security best practices, standards, and regulations; and (C) describing any gaps, challenges, or limitations with respect to ensuring that such safety and security practices are consistently applied and adhered to, and actions taken to address such gaps, challenges, or limitations. ; and (4) in subsection (m), by striking fiscal years 2002 through 2007 and inserting fiscal years 2023 through 2027 . 312. Strategy for Federal high-containment laboratories (a) Strategy for Federal high-Containment laboratories Not later than 1 year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with relevant Federal agencies and departments, shall establish a strategy for the management, maintenance, and oversight of federally-owned laboratory facilities capable of operating at Biosafety Level 3 or 4, including equivalent classification levels. Such strategy shall include— (1) a description of the roles and responsibilities of relevant Federal departments and agencies with respect to the management, maintenance, and oversight of Biosafety Level 3 or 4 laboratory facilities; (2) an assessment of the needs of the Federal Government with respect to Biosafety Level 3 or 4 laboratory facilities; (3) a summary of existing federally-owned Biosafety Level 3 or 4 laboratory facility capacity; (4) a summary of other Biosafety Level 3 or 4 laboratory facility capacity established through Federal funds; (5) a description of how the capacity described in paragraphs (3) and (4) addresses the needs of the Federal Government, including— (A) how relevant Federal departments and agencies coordinate to provide access to appropriate laboratory facilities to reduce unnecessary duplication; and (B) any gaps in such capacity related to such needs; (6) a summary of plans that are in place for the maintenance of such capacity, as applicable and appropriate, including processes for determining whether to maintain or expand such capacity, and a description of how the Federal Government will address rapid changes in the need for such capacity during a public health emergency; and (7) a description of how the heads of relevant Federal departments and agencies will coordinate to ensure appropriate oversight of federally-owned laboratory facility capacity and leverage such capacity, as appropriate, to fulfill the needs of multiple Federal departments and agencies in order to reduce unnecessary duplication and improve collaboration within the Federal Government. 313. National Science Advisory Board for Biosecurity (a) In general Part A of title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended by adding at the end the following: 404O. National Science Advisory Board for Biosecurity (a) Establishment The Secretary, acting through the Director of NIH, shall establish an advisory committee, to be known as the National Science Advisory Board for Biosecurity (referred to in this section as the Board ). (b) Duties (1) In general The National Science Advisory Board for Biosecurity referred to in section 205 of the Pandemic and All-Hazards Preparedness Act ( Public Law 109–417 ) (referred to in this section as the Board ) shall provide technical advice, guidance, or recommendations, to relevant Federal departments and agencies related to biosafety and biosecurity oversight of biomedical research, including— (A) oversight of federally-conducted or federally-supported dual use biomedical research, such as the review of policies or frameworks used to assess and appropriately manage safety and security risks associated with such research, taking into consideration national security concerns, the potential benefits of such research, considerations related to the research community, transparency, and public availability of information, and international research collaboration; and (B) continuing to carry out the activities required under section 205 of the Pandemic and All-Hazards Preparedness Act ( Public Law 109–417 ). (c) Considerations In carrying out the duties under subsection (b), the Board may consider strategies to improve the safety and security of biomedical research, including through— (1) leveraging or using new technologies and scientific advancements to reduce safety and security risks associated with such research and improve containment of pathogens; and (2) outreach to, and education and training of, researchers, laboratory personnel, and other appropriate individuals with respect to safety and security risks associated with such research and mitigation of such risks. (d) Membership The Board shall be composed of the following: (1) Non-voting, ex officio members, including the following: (A) At least one representative of each of the following: (i) The Department of Health and Human Services. (ii) The Department of Defense. (iii) The Department of Agriculture. (iv) The Department of Homeland Security. (v) The Department of Energy. (vi) The Department of State. (vii) The Office of Science and Technology Policy. (viii) The Office of the Director of National Intelligence. (B) Representatives of such other Federal departments or agencies as the Secretary determines appropriate to carry out the requirements of this section. (2) Individuals, appointed by the Secretary, with expertise in biology, infectious diseases, public health, ethics, national security, and other fields, as the Secretary determines appropriate, who shall serve as voting members. . (b) Orderly transition The Secretary of Health and Human Services shall take such steps as are necessary to provide for the orderly transition to the authority of the National Science Advisory Board for Biosecurity established under section 404O of the Public Health Service Act, as added by subsection (a), from any authority of the Board described in section 205 of the Pandemic and All-Hazards Preparedness Act ( Public Law 109–417 ), as in effect on the day before the date of enactment of this Act. (c) Application The requirements under section 404O of the Public Health Service Act, as added by subsection (a), related to the mission, activities, or functions of the National Science Advisory Board for Biosecurity shall not apply until the completion of any work undertaken by such Board before the date of enactment of this Act. 314. Research to improve biosafety (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall, as appropriate, conduct or support research to improve the safe conduct of biomedical research activities involving pathogens of pandemic potential or biological agents or toxins listed pursuant to section 351A(a)(1) of the Public Health Service Act ( 42 U.S.C. 262a(a)(1) ). (b) Report Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding an overview of any research conducted or supported under this section, any relevant findings, and steps the Secretary is taking to disseminate any such findings to support the reduction of risks associated with biomedical research involving pathogens of pandemic potential or biological agents or toxins listed pursuant to section 351A(a)(1) of the Public Health Service Act ( 42 U.S.C. 262a(a)(1) ). 315. Federally-funded research with enhanced pathogens of pandemic potential (a) Review and oversight of enhanced pathogens of pandemic potential (1) In general The Director of the Office of Science and Technology Policy (referred to in this section as the Director ), in consultation with the heads of relevant Federal departments and agencies, shall— (A) not later than 1 years after the date of enactment of this Act— (i) continue or conduct a review of existing Federal policies related to research proposed for Federal funding that may be reasonably anticipated to involve the creation, transfer, or use of pathogens of pandemic potential; and (ii) establish or update a Federal policy for the consistent review and oversight of such proposed research that appropriately considers the risks associated with, and potential benefits of, such research; and (B) not less than every 4 years thereafter, review and update such policy, as necessary and appropriate, to ensure that such policy fully accounts for relevant research that may be reasonably anticipated to involve the creation, transfer, or use of enhanced pathogens of pandemic potential, takes into consideration the benefits of such research, and supports the mitigation of related risks. (2) Requirements The policy established pursuant to paragraph (1) shall include— (A) a clear scope to support the consistent identification of research proposals subject to such policy by relevant Federal departments and agencies; (B) a framework for such reviews that accounts for safety, security, and ethical considerations related to the creation, transfer, or use of enhanced pathogens of pandemic potential; (C) measures to enhance the transparency and public availability of information related to such research activities in a manner that does not compromise national security, the safety and security of such research activities, or any identifiable, sensitive information of relevant individuals; and (D) consistent procedures across relevant Federal department and agencies to ensure that— (i) proposed research that has been determined to have scientific and technical merit and may be subject to such policy is identified and referred for review; (ii) subjected research activities conducted under an award, including activities undertaken by any subrecipients of such award, are monitored regularly throughout the project period to ensure compliance with such policy and the terms and conditions of such award; and (iii) in the event that federally-funded research activities not subject to such policy produce unanticipated results related to the creation, transfer, or use of enhanced pathogens of pandemic potential, such research activities are identified and appropriately reviewed under such policy. (3) Clarification Reviews required pursuant to this section shall be in addition to any applicable requirements for research project applications required under the Public Health Service Act, including reviews required under section 492 of such Act ( 42 U.S.C. 289a ), as applicable, or other applicable laws. (b) Implementation (1) In general The Director shall direct all heads of relevant Federal departments and agencies to update, modernize, or promulgate applicable implementing regulations and guidance to implement the requirements of this section. (2) Updates Consistent with the requirements under subsection (a)(1)(B), the Director shall require all heads of relevant Federal departments and agencies to update such policies consistent with any changes to the policy established pursuant to subsection (a)(1). C Preventing undue foreign influence in biomedical research 321. Foreign talent programs The Secretary of Health and Human Services shall require disclosure of participation in foreign talent programs, including the provision of copies of all grants, contracts, or other agreements related to such programs, and other supporting documentation related to such programs, as a condition of receipt of Federal extramural biomedical research funding awarded through the Department of Health and Human Services. 322. Securing identifiable, sensitive information (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), in consultation with the Director of National Intelligence, the Secretary of State, the Secretary of Defense, and other national security experts, as appropriate, shall ensure that biomedical research supported or conducted by the National Institutes of Health and other relevant agencies and offices within the Department of Health and Human Services involving the sequencing of human genomic information, and collection, analysis, or storage of identifiable, sensitive information, as defined in section 301(d)(4) of the Public Health Service Act ( 42 U.S.C. 241(d)(4) ), is conducted in a manner that appropriately considers national security risks, including national security implications related to potential misuse of such data. Not later than 1 year after the date of enactment of this Act, the Secretary shall ensure that the National Institutes of Health and other relevant agencies and offices within the Department of Health and Human Services, working with the heads of agencies and national security experts, including the Office of the National Security within the Department of Health and Human Services— (1) develop a comprehensive framework for assessing and managing such national security risks that includes— (A) criteria for how and when to conduct risk assessments for projects that may have national security implications; (B) security controls and training for researchers or entities, including peer reviewers, that manage or have access to such data; and (C) methods to incorporate risk-reduction in the process for funding such projects that may have national security implications; (2) not later than 1 year after the risk framework is developed under paragraph (1), develop and implement controls to— (A) ensure that researchers or entities that manage or have access to such data have complied with the requirements of paragraph (1) and ongoing requirements with such paragraph; and (B) ensure that data access committees reviewing data access requests for projects that may have national security risks, as appropriate, include members with expertise in current and emerging national security threats, in order to make appropriate decisions related to access to such identifiable, sensitive information; and (3) not later than 2 years after the risk framework is developed under paragraph (1), update data access and sharing policies related to human genomic data, as appropriate, based on current and emerging national security threats. (b) Congressional briefing Not later than 1 year after the date of enactment of this Act, the Secretary shall provide a briefing to the Committee on Health, Education, Labor, and Pensions and the Select Committee on Intelligence of the Senate and the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives on the activities required under subsection (a). 323. Duties of the Director Section 402(b) in the Public Health Service Act ( 42 U.S.C. 282(b) ), as amended by section 303, is further amended by inserting after paragraph (26) (as added by section 303) the following: (27) shall consult with the Director of the Office of National Security within the Department of Health and Human Services, the Assistant Secretary for Preparedness and Response, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the heads of other appropriate agencies on a regular basis, regarding biomedical research conducted or supported by the National Institutes of Health that may affect or be affected by matters of national security; (28) shall ensure that recipients of awards from the National Institutes of Health, and, as appropriate and practicable, entities collaborating with such recipients, have in place and are adhering to appropriate technology practices and policies for the security of identifiable, sensitive information, including information collected, stored, or analyzed by domestic and non-domestic entities; and (29) shall ensure that recipients of awards from the National Institutes of Health are in compliance with the terms and conditions of such award, which may include activities to support awareness of, and compliance with, such terms and conditions by any subrecipients of the award. . 324. Protecting America’s biomedical research enterprise (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), in collaboration with Assistant to the President for National Security Affairs, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the heads of other relevant departments and agencies, and in consultation with research institutions and research advocacy organizations or other relevant experts, as appropriate, shall— (1) identify ways to improve the protection of intellectual property and other proprietary information, as well as identifiable, sensitive information of participants in biomedical research and development, from national security risks and other applicable threats, including the identification of gaps in policies and procedures in such areas related to biomedical research and development supported by the Department of Health and Human Services and biomedical research supported by other agencies as applicable, and make recommendations to institutions of higher education or other entities that have traditionally received Federal funding for biomedical research to protect such information; (2) identify or develop strategies to prevent, mitigate, and address national security threats in biomedical research and development supported by the Federal Government, including such threats associated with foreign talent programs, by countries seeking to exploit United States technology and other proprietary information as it relates to such biomedical research and development; (3) identify national security risks and potential misuse of proprietary information, and identifiable, sensitive information of biomedical research participants and other applicable risks, including with respect to peer review, and make recommendations for additional policies and procedures to protect such information; (4) develop a framework to identify areas of biomedical research and development supported by the Federal Government that are emerging areas of interest for state actors and would compromise national security if they were to be subjected to undue foreign influence; and (5) regularly review recommendations or policies developed under this section and make additional recommendations or updates, as appropriate. (b) Report to President and to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit, in a manner that does not compromise national security, to the President and the Committee on Health, Education, Labor, and Pensions and the Select Committee on Intelligence of the Senate, the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives, and other congressional committees as appropriate, a report on the findings and recommendations pursuant to subsection (a). 325. GAO Study (a) In general The Comptroller General of the United States (referred to in this section as the Comptroller General ) shall conduct a study to assess the extent to which the Department of Health and Human Services (referred to in this section as the Department ) utilizes or provides funding to entities that utilize such funds for human genomic sequencing services or genetic services (as such term is defined in section 201(6) of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff(6) )) provided by entities, or subsidiaries of such entities, organized under the laws of a country or countries of concern, in the estimation of the Director of National Intelligence or the head of another Federal department or agency, as appropriate. (b) Considerations In carrying out the study under this section, the Comptroller General shall— (1) consider— (A) the extent to which the country or countries of concern could obtain human genomic information of citizens and residents of the United States from such entities that sequence, analyze, collect, or store human genomic information and which the Director of National Intelligence or the head of another Federal department or agency reasonably anticipates may use such information in a manner inconsistent with the national security interests of the United States; (B) whether the Department or recipient of such funds from the Department sought to provide funding to, or to use, domestic entities with no such ties to the country or countries of concern for such purposes and any barriers to the use of domestic entities; and (C) whether data use agreements, data security measures, and other such measures taken by the Department or recipient of such funds from the Department are sufficient to protect the identifiable, sensitive information of the people of the United States and the national security interests of the United States; and (2) make recommendations to address any vulnerabilities to the United States national security identified, as appropriate. (c) Estimation In conducting the study under this section, the Comptroller General may, as appropriate and necessary to complete such study, investigate specific instances of such utilization of genetic sequencing services or genetic services, as described in subsection (a), to produce estimates of the potential prevalence of such utilization among entities in receipt of Departmental funds. (d) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit a report on the study under this section, in a manner that does not compromise national security, to the Committee on Health, Education, Labor, and Pensions and the Select Committee on Intelligence of the Senate, and the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives. The report shall be submitted in unclassified form, to the extent practicable, but may include a classified annex. 326. Report on progress to address undue foreign influence Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of Health and Human Services shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce in the House of Representatives, in a manner that does not compromise national security, a report on actions taken by such Secretary— (1) to address cases of noncompliance with disclosure requirements or research misconduct related to foreign influence, including— (A) the number of potential noncompliance cases investigated by the National Institutes of Health or reported to the National Institutes of Health by a research institution, including relating to undisclosed research support, undisclosed conflicts of interest or other conflicts of commitment, and peer review violations; (B) the number of cases referred to the Office of Inspector General of the Department of Health and Human Services, the Office of National Security of the Department of Health and Human Services, the Federal Bureau of Investigation, or other law enforcement agencies; (C) a description of enforcement actions taken for noncompliance related to undue foreign influence; and (D) any other relevant information; and (2) to prevent, address, and mitigate instances of noncompliance with disclosure requirements or research misconduct related to foreign influence. IV Modernizing and strengthening the supply chain for vital medical products 401. Warm base manufacturing capacity for medical countermeasures (a) In general Section 319L of the Public Health Service Act ( 42 U.S.C. 247d–7e ) is amended— (1) in subsection (a)(6)(B)— (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) by inserting after clause (iii), the following: (iv) activities to support, maintain, and improve domestic manufacturing surge capacity and capabilities, as appropriate, including through the utilization of advanced manufacturing and platform technologies, to increase the availability of products that are or may become qualified countermeasures or qualified pandemic or epidemic products; ; and (C) in clause (vi) (as so redesignated), by inserting manufacturing, after improvement, ; (2) in subsection (b)— (A) in the first sentence of paragraph (1), by inserting support for domestic manufacturing surge capacity and capabilities, after initiatives for innovation, ; and (B) in paragraph (2)— (i) in subparagraph (B), by striking and at the end; (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B), the following: (C) activities to support, maintain, and improve domestic manufacturing surge capacity and capabilities, as appropriate, including through the utilization of advanced manufacturing and platform technologies, to increase the availability of products that are or may become qualified countermeasures or qualified pandemic or epidemic products; and ; (3) in subsection (c)— (A) in paragraph (2)(B), by inserting before the semicolon , including through the establishment and maintenance of domestic manufacturing surge capacity and capabilities, consistent with subsection (a)(6)(B)(iv) ; (B) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i)— (aa) in subclause (I), by striking and at the end; and (bb) by adding at the end the following: (III) facilitating such communication, as appropriate, regarding manufacturing surge capacity and capabilities with respect to qualified countermeasures and qualified pandemic or epidemic products to prepare for, or respond to, a public health emergency or potential public health emergency; and (IV) facilitating such communication, as appropriate and in a manner that does not compromise national security, with respect to potential eligibility for the material threat medical countermeasure priority review voucher program under section 565A of the Federal Food, Drug, and Cosmetic Act; ; (II) in clause (ii)(III), by striking and at the end; (III) by redesignating clause (iii) as clause (iv); and (IV) by inserting after clause (ii), the following: (iii) communicate regularly with entities in receipt of an award pursuant to subparagraph (B)(v), and facilitate communication between such entities and other entities in receipt of an award pursuant to subparagraph (B)(iv), as appropriate, for purposes of planning and response regarding the availability of countermeasures and the maintenance of domestic manufacturing surge capacity and capabilities, including any planned uses of such capacity and capabilities in the near- and mid-term, and identification of any significant challenges related to the long-term maintenance of such capacity and capabilities; and ; (ii) in subparagraph (B)— (I) in clause (iii), by striking and at the end; (II) in clause (iv), by striking the period and inserting ; and ; and (III) by adding at the end the following: (v) award contracts, grants, and cooperative agreements and enter into other transactions to support, maintain, and improve domestic manufacturing surge capacity and capabilities, including through supporting flexible or advanced manufacturing, to ensure that additional capacity is available to rapidly manufacture products that are or may become qualified countermeasures or qualified pandemic or epidemic products in the event of a public health emergency declaration or significant potential for a public health emergency. ; (iii) in subparagraph (C)— (I) in clause (i), by striking and at the end; (II) in clause (ii), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (iii) consult with the Commissioner of Food and Drugs, pursuant to section 565(b)(2) of the Federal Food, Drug, and Cosmetic Act, to ensure that facilities performing manufacturing, pursuant to an award under subparagraph (B)(v), are in compliance with applicable requirements under such Act and this Act, as appropriate, including current good manufacturing practice pursuant to section 501(a)(2)(B) of the Food, Drug, and Cosmetic Act; and ; (iv) in subparagraph (D)(i), by inserting , including to improve manufacturing capacities and capabilities for medical countermeasures before the semicolon; (v) in subparagraph (E)(ix), by striking 2023 and inserting 2028 ; and (vi) by adding at the end the following: (G) Annual reports by award recipients As a condition of receiving an award under subparagraph (B)(v), a recipient shall develop and submit to the Secretary annual reports related to the maintenance of such capacity and capabilities, including ensuring that such capacity and capabilities are able to support the rapid manufacture of countermeasures as required by the Secretary. ; and (C) in paragraph (5), by adding at the end the following: (H) Supporting warm-base and surge capacity and capabilities Pursuant to an award under subparagraph (B)(v), the Secretary may make payments for activities necessary to maintain domestic manufacturing surge capacity and capabilities supported under such award to ensure that such capacity and capabilities are able to support the rapid manufacture of countermeasures as required by the Secretary to prepare for, or respond to, an existing or potential public health emergency or otherwise address threats that pose a significant level of risk to national security. The Secretary may support the utilization of such capacity and capabilities under awards for countermeasure and product advanced research and development, as appropriate, to provide for the maintenance of such capacity and capabilities. ; and (4) in subsection (f)— (A) in paragraph (1), by striking Not later than 180 days after the date of enactment of this subsection and inserting Not later than 180 days after the date of enactment of the PREVENT Pandemics Act ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking this subsection and inserting the PREVENT Pandemics Act ; (ii) in subparagraph (B), by striking and at the end; and (iii) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) plans for the near-, mid-, and long-term sustainment of manufacturing activities carried out under this section, including such activities pursuant to subsection (c)(5)(H), specific actions to regularly assess the ability of recipients of an award under subsection (c)(4)(B)(v) to rapidly manufacture countermeasures as required by the Secretary, and recommendations to address challenges, if any, related to such activities. . 402. Supply chain considerations for the Strategic National Stockpile Subclause (II) of section 319F–2(a)(2)(B)(i) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(2)(B)(i)) is amended to read as follows: (II) planning considerations for appropriate manufacturing capacity and capability to meet the goals of such additions or modifications (without disclosing proprietary information), including— (aa) consideration of the effect such additions or modifications may have on the availability of such products and ancillary medical supplies on the health care system; and (bb) an assessment of the current supply chain for such products, including information on supply chain redundancies, any known domestic manufacturing capacity for such products, and any related vulnerabilities; . 403. Strategic National Stockpile equipment maintenance Subparagraph (D) of section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(3)) is amended to read as follows: (D) review and revise, as appropriate, the contents of the stockpile on a regular basis to ensure that— (i) emerging threats, advanced technologies, and new countermeasures are adequately considered; (ii) the potential depletion of countermeasures currently in the stockpile is identified and appropriately addressed, including through necessary replenishment; and (iii) such contents are in working condition or usable, as applicable, and are ready for deployment, which may include conducting maintenance services on such contents of the stockpile and disposing of such contents that are no longer in working condition, or usable, as applicable; . 404. Improving transparency and predictability of processes of the Strategic National Stockpile (a) Guidance Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall issue guidance describing the processes by which the Secretary deploys the contents of the Strategic National Stockpile under section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)), or otherwise distributes medical countermeasures, as applicable, to States, territories, Indian Tribes and Tribal organizations (as such terms are defined under section 4 of the Indian Self-Determination and Education Assistance Act), and other applicable entities. Such guidance shall include information related to processes by which to request access to the contents of the Strategic National Stockpile, factors considered by the Secretary when making deployment or distribution decisions, and processes and points of contact through which entities may contact the Secretary to address any issues related to products requested or received by such entity from the stockpile, and on other relevant topics. (b) Annual meetings Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(3)) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (K) convene meetings, not less than once per year, with representatives from State, local, and Tribal health departments or officials, relevant industries, other Federal agencies, and other appropriate stakeholders, in a manner that does not compromise national security, to coordinate and share information related to maintenance and use of the stockpile, including a description of future countermeasure needs and additions, modifications, and replenishments of the contents of the stockpile, and considerations related to the manufacturing and procurement of products consistent with the requirements of the Buy American Act of 1933, as appropriate. . 405. Improving supply chain flexibility for the Strategic National Stockpile (a) In general Section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) is amended— (1) in subsection (a)— (A) in paragraph (3)(F), by striking as required by the Secretary of Homeland Security and inserting at the discretion of the Secretary, in consultation with, or at the request of, the Secretary of Homeland Security, ; (B) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (C) by inserting after paragraph (4) the following: (5) Vendor-managed inventory and warm-base surge capacity (A) In general For the purposes of maintaining the stockpile under paragraph (1) and carrying out procedures under paragraph (3), the Secretary may enter into contracts or cooperative agreements with vendors, which may include manufacturers or distributors of medical products, with respect to medical products intended to be delivered to the ownership of the Federal Government. Each such contract or cooperative agreement shall be subject to such terms and conditions as the Secretary may specify, including terms and conditions with respect to— (i) procurement, maintenance, storage, and delivery of reserve amounts of products under such contract or cooperative agreement, which may consider, as appropriate, costs of transporting and handling such products; and (ii) maintenance of domestic manufacturing capacity and capabilities of such products to ensure additional reserved production capacity and capabilities are available, and that such capacity and capabilities are able to support the rapid manufacture, purchase, storage, and delivery of such products, as required by the Secretary to prepare for, or respond to, an existing or potential public health emergency. (B) Report Not later than 2 years after the date of enactment of the PREVENT Pandemics Act , and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on any contracts or cooperative agreements entered into under subparagraph (A) for purposes of establishing and maintaining vendor-managed inventory or reserve manufacturing capacity and capabilities for products intended for the stockpile, including a description of— (i) the amount of each award; (ii) the recipient of each award; (iii) the product or products covered through each award; and (iv) how the Secretary works with each recipient to ensure situational awareness related to the manufacturing capacity for, or inventory of, such products and coordinates the distribution and deployment of such products, as appropriate and applicable. ; and (D) in subparagraph (A) of paragraph (6), as so redesignated— (i) in clause (viii), by striking ; and and inserting a semicolon; (ii) in clause (ix), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (x) with respect to reports issued in 2027 or any subsequent year, an assessment of selected contracts or cooperative agreements entered into pursuant to paragraph (5). ; and (2) in subsection (c)(2)(C), by striking on an annual basis and inserting not later than March 15 of each year . (b) Authorization of appropriations Section 319F–2(f)(1) of the Public Health Service Act (42 U.S.C. 247d–6b(f)(1)) is amended by striking $610,000,000 for each of fiscal years 2019 through 2023 and inserting $610,000,000 for each of fiscal year 2019 through 2021, and $750,000,000 for each of fiscal years 2022 and 2023 . 406. Reimbursement for certain supplies Paragraph (7) of section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)), as so redesignated by section 405(a)(1)(B), is amended to read as follows: (7) Reimbursement for certain supplies (A) In general The Secretary may, at appropriate intervals, make available for purchase excess contents procured for, and maintained within, the stockpile under paragraph (1) to any Federal agency or State, local, or Tribal government. The Secretary shall make such contents available for purchase only if— (i) such contents are in excess of what is required for appropriate maintenance of such stockpile; (ii) the Secretary determines that the costs for maintaining such excess contents are not appropriate to expend to meet the needs of the stockpile; and (iii) the Secretary determines that such action does not compromise national security and is in the national interest. (B) Reimbursement and collection The Secretary may require reimbursement for contents that are made available under subparagraph (A), in an amount that reflects the cost of acquiring and maintaining such contents and the costs incurred to make available such contents in the time and manner specified by the Secretary. Amounts collected under this subsection shall be credited to the appropriations account or fund that incurred the costs to procure such contents, and shall remain available, without further appropriation, until expended, for the purposes of the appropriation account or fund so credited. (C) Rule of construction This paragraph shall not be construed to preclude transfers of contents in the stockpile under other authorities. (D) Report Not later than 2 years after the date of enactment of the PREVENT Pandemics Act , and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report on the use of the authority provided under this paragraph, including details of each action taken pursuant to this paragraph, the account or fund to which any collected amounts have been credited, and how the Secretary has used such amounts. (E) Sunset The authority under this paragraph shall terminate on September 30, 2025. . 407. Action reporting on stockpile depletion Section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), as amended by section 223, is further amended by adding at the end the following: (h) Stockpile depletion reporting The Secretary shall, not later than 30 days after the deployment of contents of the Strategic National Stockpile under section 319F–2(a) to respond to a public health emergency declared by the Secretary under this section or an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and every 30 days thereafter until the expiration or termination of such public health emergency, emergency, or major disaster, submit a report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives on— (1) the deployment of the contents of the stockpile in response to State, local, and Tribal requests; (2) the amount of such products that remain within the stockpile following such deployment; and (3) plans to replenish such products, as appropriate, including related timeframes and any barriers or limitations to replenishment. . 408. Provision of medical countermeasures to Indian programs and facilities (a) Clarification Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(3)) is amended— (1) in subparagraph (C), by striking and local and inserting local, and Tribal ; and (2) in subparagraph ( J), by striking and local and inserting local, and Tribal . (b) Distribution of medical countermeasures to Indian Tribes Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 319F–4 the following: 319F–5. Provision of medical countermeasures to Indian programs and facilities In the event that the Secretary deploys the contents of the Strategic National Stockpile under section 319F–2(a), or otherwise distributes medical countermeasures to States to respond to a public health emergency declared by the Secretary under section 319, the Secretary shall, in consultation with the applicable States, make such contents or countermeasures directly available to Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ), which may include through health programs or facilities operated by the Indian Health Service, that are affected by such public health emergency. . 409. Grants for State strategic stockpiles (a) Section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) is amended by adding at the end the following: (i) Pilot program To support State medical stockpiles (1) In general The Secretary, in consultation with the Assistant Secretary for Preparedness and Response and the Director of the Centers for Disease Control and Prevention, shall award grants or cooperative agreements to not fewer than 5 States, or consortia of States, with consideration given to distribution among the geographical regions of the United States, to establish, expand, or maintain a stockpile of appropriate drugs, vaccines and other biological products, medical devices, and other medical supplies determined by the State to be necessary to respond to a public health emergency declared by the Governor of a State or by the Secretary under section 319, or a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, in order to support the preparedness goals described in paragraphs (2) through (6) and (8) of section 2802(b). (2) Requirements (A) Application To be eligible to receive an award under paragraph (1), an entity shall prepare, in consultation with appropriate health care entities and health officials within the jurisdiction of such State or States, and submit to the Secretary an application that contains such information as the Secretary may require, including— (i) a plan for such stockpile, consistent with paragraph (4), including a description of the activities such entity will carry out under the agreement and an outline of proposed expenses; and (ii) a description of how such entity will coordinate with relevant entities in receipt of an award under section 319C–1 or 319C–2 pursuant to paragraph (4), including through promoting alignment between the stockpile plan established pursuant to clause (i) and applicable plans that are established by such entity pursuant to section 319C–1 or 319C–2. (B) Matching funds (i) Subject to clause (ii), the Secretary may not make an award under this subsection unless the applicant agrees, with respect to the costs to be incurred by the applicant in carrying out the purpose described in this subsection, to make available non-Federal contributions toward such costs in an amount equal to— (I) for each of fiscal years 2023 and 2024, not less than $1 for each $20 of Federal funds provided in the award; and (II) for fiscal year 2025 and each fiscal year thereafter, not less than $1 for each $10 of Federal funds provided in the award. (ii) Waiver The Secretary may, upon the request of a State, waive the requirement under clause (i), in whole or in part, if the Secretary determines that extraordinary economic conditions in the State in the fiscal year involved or in the previous fiscal year justify the waiver. A waiver provided by the Secretary under this subparagraph shall apply only to the fiscal year involved. (C) Administrative expenses Not more than 10 percent of amounts received by an entity pursuant to an award under this subsection may be used for administrative expenses. (3) Lead entity An entity in receipt of an award under paragraph (1) may designate a lead entity, which may be a public or private entity, as appropriate, to manage the stockpile at the direction of the State or consortium of States. (4) Use of funds An entity in receipt of an award under paragraph (1) shall use such funds to— (A) purchase, store, and maintain a stockpile of appropriate drugs, vaccines and other biological products, medical devices, and other medical supplies to be used during a public health emergency, major disaster, or emergency described in paragraph (1), in such numbers, types, and amounts as the entity determines necessary, consistent with such entity’s stockpile plan established pursuant to paragraph (2)(A)(i); (B) deploy the stockpile as required by the entity to respond to an actual or potential public health emergency, major disaster, or other emergency described in paragraph (1); (C) replenish and make necessary additions or modifications to the contents of such stockpile, including to address potential depletion; (D) in consultation with Federal, State, and local officials, take into consideration the availability, deployment, dispensing, and administration requirements of medical products within the stockpile; (E) ensure that procedures are followed for inventory management and accounting, and for the physical security of the stockpile, as appropriate; (F) review and revise, as appropriate, the contents of the stockpile on a regular basis to ensure that, to the extent practicable, new technologies and medical products are considered; (G) carry out exercises, drills, and other training for purposes of stockpile deployment, dispensing, and administration of medical products, and for purposes of assessing the capability of such stockpile to address the medical supply needs of public health emergencies, major disasters, or other emergencies described in paragraph (1) of varying types and scales, which may be conducted in accordance with requirements related to exercises, drills, and other training for recipients of awards under section 319C–1 or 319C–2, as applicable; and (H) carry out other activities related to the State strategic stockpile as the entity determines appropriate, to support State efforts to prepare for, and respond to, public health threats. (5) Supplement not supplant Awards under paragraph (1) shall supplement, not supplant, the maintenance and use of the Strategic National Stockpile by the Secretary under subsection (a). (6) Guidance for States Not later than 180 days after the date of enactment of this subsection, the Secretary, in consultation with States, health officials, and other relevant stakeholders, as appropriate, shall issue guidance, and update such guidance as appropriate, for States related to maintaining and replenishing a stockpile of medical products, which may include strategies and best practices related to— (A) types of medical products and medical supplies that are critical to respond to public health emergencies, and may be appropriate for inclusion in a stockpile by States, with consideration of threats that require the large-scale and simultaneous deployment of stockpiles, including the stockpile maintained by the Secretary pursuant to subsection (a), and long-term public health and medical response needs; (B) appropriate management of the contents of a stockpile, including management by vendors of reserve amounts of medical products and supplies intended to be delivered to the ownership of the State and appropriate disposition of excess products, as applicable; and (C) the procurement of medical products and medical supplies consistent with the Buy American Act of 1933. (7) Technical assistance The Secretary shall provide assistance to States, including technical assistance, as appropriate, in establishing, maintaining, improving, and utilizing a medical stockpile, including appropriate inventory management and disposition of products. (8) Reporting (A) State reports Each entity receiving an award under paragraph (1) shall update, as appropriate, the plan established pursuant to paragraph (2)(A)(i) and submit to the Secretary an annual report on implementation of such plan, including any changes to the contents of the stockpile supported under such award. The Secretary shall use information obtained from such reports to inform the maintenance and management of the Strategic National Stockpile pursuant to subsection (a). (B) Reports to congress Not later than 1 year after the initial issuance of awards pursuant to paragraph (1), and annually thereafter for the duration of the program established under this subsection, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on such program, including— (i) Federal and State expenditures to support stockpiles under such program; (ii) activities conducted pursuant to paragraph (4); and (iii) any additional information from the States that the Secretary determines relevant. (9) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2028. . (b) GAO report Not later than 3 years after the date on which awards are first issued pursuant to subsection (i)(1) of section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ), as added by subsection (a), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the State stockpiles established or maintained pursuant to this section. Such report shall include an assessment of— (1) coordination and communication between the Secretary of Health and Human Services and entities in receipt of an award under this section, or a lead entity designated by such entity; (2) technical assistance provided by the Secretary of Health and Human Services to such entities; and (3) the impact of such stockpiles on the ability of the State to prepare for and respond to a public health emergency, major disaster, or other emergency described in subsection (i)(1) of section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ), as added by subsection (a), including the availability and distribution of items from such State stockpile to health care entities and other applicable entities. V Enhancing development and combating shortages of medical products A Development and review 501. Advancing qualified infectious disease product innovation (a) In general Section 505E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355f ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking ; or and inserting ; ; (B) in paragraph (3), by striking the period and inserting ; or ; and (C) by adding at the end the following: (4) an application pursuant to section 351(a) of the Public Health Service Act. ; (2) in subsection (d)(1), by inserting of this Act or section 351(a) of the Public Health Service Act after section 505(b) ; and (3) by amending subsection (g) to read as follows: (g) Qualified infectious disease product The term qualified infectious disease product means a drug, including an antibacterial or antifungal drug or a biological product, for human use that— (1) acts directly on bacteria or fungi or on substances produced by such bacteria or fungi; and (2) is intended to treat a serious or life-threatening infection, including such an infection caused by— (A) an antibacterial or antifungal resistant pathogen, including novel or emerging infectious pathogens; or (B) qualifying pathogens listed by the Secretary under subsection (f). . (b) Priority review Section 524A(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360n–1(a) ) is amended by inserting of this Act, or section 351(a) of the Public Health Service Act, that requires clinical data (other than bioavailability studies) to demonstrate safety or effectiveness before the period. 502. Modernizing clinical trials (a) Clarifying the use of Digital Health Technologies in Clinical Trials (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall issue or revise draft guidance regarding the appropriate use of validated digital health technologies in clinical trials to help improve recruitment for, retention in, participation in, and data collection during, clinical trials, and provide for novel clinical trial designs utilizing such technology for purposes of supporting the development of, and review of applications for, drugs and devices. Not later than 18 months after the public comment period on such draft guidance ends, the Secretary shall issue a revised draft guidance or final guidance. (2) Content The guidance described in paragraph (1) shall include— (A) recommendations for data collection methodologies by which sponsors may incorporate the use of digital health technologies in clinical trials to collect data remotely from trial participants; (B) considerations for privacy and security protections for data collected during a clinical trial, including— (i) recommendations for the protection of trial participant data that is collected or used in research, using digital health technologies; (ii) compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), subpart B of part 50 of title 21, Code of Federal Regulations, subpart C of part 56 of title 21, Code of Federal Regulations, the Federal policy for the protection of human subjects under subpart A of part 46 of title 45, Code of Federal Regulations (commonly known as the Common Rule ), and part 2 of title 42, Code of Federal Regulations (or any successor regulations); and (iii) recommendations for protection of clinical trial participant data against cybersecurity threats, as applicable; (C) considerations on data collection methods to help increase recruitment of clinical trial participants and the level of participation of such participants, reduce burden on clinical trial participants, and optimize data quality; (D) recommendations for the use of electronic methods to obtain informed consent from clinical trial participants, taking into consideration applicable Federal law, including subpart B of part 50 of title 21, Code of Federal Regulations (or successor regulations), and, as appropriate, State law; (E) best practices for communication and early engagement between sponsors and the Secretary on the development of data collection methods; (F) the appropriate format to submit such data to the Secretary; (G) a description of the manner in which the Secretary may assess or evaluate data collected through digital health technologies to support the development of the drug or device; (H) recommendations regarding the data and information needed to demonstrate that a digital health technology is fit-for-purpose for a clinical trial, and a description of how the Secretary will evaluate such data and information; and (I) recommendations for increasing access to, and the use of, digital health technologies in clinical trials to facilitate the inclusion of diverse and underrepresented populations, as appropriate, including considerations for access to, and the use of, digital health technologies in clinical trials by people with disabilities and pediatric populations. (b) Advancing decentralized clinical trials (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall issue or revise draft guidance to provide recommendations to clarify and advance the use of decentralized clinical trials to support the development of drugs and devices and help improve trial participant engagement and advance the use of flexible and novel clinical trial designs. Not later than 18 months after the public comment period on such draft guidance ends, the Secretary shall issue a revised draft guidance or final guidance. (2) Content The guidance described in paragraph (1) shall include— (A) recommendations for methods of remote data collection, including trial participant experience data, though the use of digital health technologies, telemedicine, local laboratories, local health care providers, or other options for data collection; (B) considerations for sponsors to minimize or reduce burdens for clinical trial participants associated with participating in a clinical trial, such as the use of digital technologies, telemedicine, local laboratories, local health care providers, or other data collection or assessment options, health care provider home visits, direct-to-participant shipping of investigational drugs and devices, and electronic informed consent, as appropriate; (C) recommendations regarding conducting decentralized clinical trials to facilitate and encourage diversity among the clinical trial participants, as appropriate; (D) recommendations for strategies and methods for recruiting, retaining, and engaging with clinical trial participants, including communication regarding the role of trial participants and community partners to facilitate clinical trial recruitment and engagement, including with respect to diverse and underrepresented populations, as appropriate; (E) considerations for review and oversight by sponsors and institutional review boards, including remote trial oversight; (F) recommendations for decentralized clinical trial protocol designs and processes for evaluating such proposed trial designs; (G) recommendations for digital health technology and other remote assessment tools that may support decentralized clinical trials, including guidance on appropriate technological platforms and tools, data collection and use, data integrity, and communication to clinical trial participants through such technology; (H) a description of the manner in which the Secretary will assess or evaluate data collected within a decentralized clinical trial to support the development of the drug or device, if the manner is different from that used for a non-decentralized trial; (I) considerations for sponsors to validate digital technologies and establish appropriate clinical endpoints for use in decentralized trials; (J) considerations for privacy and security of personally identifiable information of trial participants; and (K) considerations for conducting clinical trials using centralized approaches in conjunction with decentralized approaches. (c) Seamless and concurrent clinical trials (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall issue or revise draft guidance on the use of seamless, concurrent, and other innovative clinical trial designs to support the expedited development and review of applications for drugs, as appropriate. Not later than 18 months after the public comment period on such draft guidance ends, the Secretary shall issue a revised draft guidance or final guidance. (2) Content The guidance described in paragraph (1) shall include— (A) recommendations on the use of expansion cohorts and other seamless clinical trial designs to assess different aspects of product candidates in one continuous trial, including how such clinical trial designs can be used as part of meeting the substantial evidence standard under section 505(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(d) ); (B) recommendations on the use of clinical trial designs that involve the concurrent conduct of different or multiple clinical trial phases, and the concurrent conduct of preclinical testing, to expedite the development of new drugs and facilitate the timely collection of data; (C) recommendations for how to streamline trial logistics and facilitate the efficient collection and analysis of clinical trial data, including any planned interim analyses and how such analyses could be used to streamline the product development and review processes; (D) considerations to assist sponsors in ensuring the rights, safety, and welfare of clinical trial participants, maintaining compliance with good clinical practice regulations, minimizing risks to clinical trial data integrity, and ensuring the reliability of clinical trial results; (E) recommendations for communication and early engagement between sponsors and the Food and Drug Administration on the development of seamless, concurrent, or other adaptive trial designs, including review of, and feedback on, clinical trial protocols; and (F) a description of the manner in which the Secretary will assess or evaluate data collected through seamless, concurrent, or other adaptive trial designs to support the development of the drug. (d) International harmonization The Secretary shall work with foreign regulators pursuant to memoranda of understanding or other arrangements governing the exchange of information to facilitate international harmonization of the regulation and use of decentralized clinical trials, digital technology in clinical trials, and seamless, concurrent, and other adaptive or innovative clinical trial designs. 503. Accelerating countermeasure development and review Section 565 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4 ) is amended by adding at the end the following: (h) Accelerating countermeasure development and review during an emergency (1) Acceleration of countermeasure development and review The Secretary may, at the request of the sponsor of a countermeasure, during a domestic, military, or public health emergency or material threat described in section 564A(a)(1)(C), expedite the development and review of countermeasures that are intended to address such domestic, military, or public health emergency or material threat for approval, licensure, clearance, or authorization under this title or section 351 of the Public Health Service Act. (2) Actions The actions to expedite the development and review of a countermeasure under paragraph (1) may include the following: (A) Expedited review of submissions made by sponsors of countermeasures to the Food and Drug Administration, including rolling submissions of countermeasure applications and other submissions. (B) Expedited and increased engagement with sponsors regarding countermeasure development and manufacturing, including— (i) holding meetings with the sponsor and the review team and providing timely advice to, and interactive communication with, the sponsor regarding the development of the countermeasure to ensure that the development program to gather the nonclinical and clinical data necessary for approval, licensure, clearance, or authorization is as efficient as practicable; (ii) involving senior managers and experienced review staff, as appropriate, in a collaborative, cross-disciplinary review; (iii) assigning a cross-disciplinary project lead for the review team to facilitate; (iv) taking steps to ensure that the design of the clinical trials is as efficient as practicable, when scientifically appropriate, such as by minimizing the number of patients exposed to a potentially less efficacious treatment; and (v) streamlining the review of approved, licensed, cleared, or authorized countermeasures to treat or prevent new or emerging threats, including the review of any changes to such countermeasures. (C) Expedited issuance of guidance documents and publication of other regulatory information regarding countermeasure development and manufacturing. (D) Other steps to expedite the development and review of a countermeasure application submitted for approval, licensure, clearance, or authorization, as the Secretary determines appropriate. (3) Limitation of effect Nothing in this subsection shall be construed to require the Secretary to grant, or take any other action related to, a request of a sponsor to expedite the development and review of a countermeasure for approval, licensure, clearance, or authorization under paragraph (1). . 504. Third party test evaluation during emergencies (a) In general Section 565 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4 ), as amended by section 503, is further amended by adding at the end the following: (i) Third party evaluation of tests used during an emergency (1) In general For purposes of conducting evaluations regarding whether an in vitro diagnostic product (as defined in section 809.3 of title 21, Code of Federal Regulations (or any successor regulations)) for which a request for emergency use authorization is submitted under section 564 meets the criteria for issuance of such authorization, the Secretary may, as appropriate, consult with persons with appropriate expertise with respect to such evaluations or enter into cooperative agreements or contracts with such persons under which such persons conduct such evaluations and make such recommendations, including, as appropriate, evaluations and recommendations regarding the scope of authorization and conditions of authorization. (2) Requirements regarding evaluations and recommendations (A) In general In evaluating and making recommendations to the Secretary regarding the validity, accuracy, and reliability of in vitro diagnostic products, as described in paragraph (1), a person shall consider and document whether the relevant criteria under subsection (c)(2) of section 564 for issuance of authorization under such section are met with respect to the in vitro diagnostic product. (B) Written recommendations Recommendations made by a person under this subsection shall be submitted to the Secretary in writing, and shall include the reasons for such recommendation and other information that may be requested by the Secretary. (3) Rule of construction Nothing in this subsection shall be construed to require the Secretary to consult with, or enter into cooperative agreements or contracts with, persons as described in paragraph (1) for purposes of authorizing an in vitro diagnostic product or otherwise affecting the emergency use authorization authorities under this section or section 564. . (b) Guidance Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall issue draft guidance on consultations with persons under subsection (i) of section 565 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4 ), as added by subsection (a), including considerations concerning conflicts of interest, compensation arrangements, and information sharing. Not later than 1 year after the public comment period on such draft guidance ends, the Secretary shall issue a revised draft guidance or final guidance. 505. Facilitating the use of real world evidence Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue or revise existing guidance on considerations for the use of real world data and real world evidence to support regulatory decision-making, as follows: (1) With respect to drugs, such guidance shall address the use of such data and evidence to support the approval of a drug application under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or a biological product application under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), or to support an investigational use exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act or section 351(a)(3) of the Public Health Service Act. Such guidance shall include considerations for the inclusion, in such applications, of real world data and real world evidence obtained as a result of the use of drugs authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ), and considerations for standards and methodologies for collection and analysis of real world evidence included in such applications, submissions, or requests, as appropriate. (2) With respect to devices, such guidance shall address the use of such data and evidence to support the approval, clearance, or classification of a device pursuant to an application or submission submitted under section 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) , 360c(f)(2), 360e), or to support an investigational use exemption under section 520(g) of such Act ( 21 U.S.C. 360j(g) ). Such guidance shall include considerations for the inclusion, in such applications, submissions, or requests, of real world data and real world evidence obtained as a result of the use of devices authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ), and considerations for standards and methodologies for collection and analysis of real world evidence included in such applications, submissions, or requests, as appropriate. 506. Platform technologies (a) In general Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506J of such Act ( 21 U.S.C. 356j ) the following: 506K. Platform technologies (a) In general The Secretary shall establish a process for the designation of platform technologies that meet the criteria described in subsection (b). (b) Criteria A platform technology incorporated within or utilized by a drug is eligible for designation as a designated platform technology under this section if— (1) the platform technology is incorporated in, or utilized by, a drug approved under section 505 of this Act or a biological product licensed under section 351 of the Public Health Service Act; (2) preliminary evidence submitted by the sponsor of the approved or licensed drug described in paragraph (1), or a sponsor that has been granted a right of reference to data submitted in the application for such drug, demonstrates that the platform technology has the potential to be incorporated in, or utilized by, more than one drug without an adverse effect on quality, manufacturing, or safety; and (3) data or information submitted by the applicable person under paragraph (2) indicates that incorporation or utilization of the platform technology has a reasonable likelihood to bring significant efficiencies to the drug development or manufacturing process and to the review processes. (c) Request for designation A person may request the Secretary designate a platform technology as a designated platform technology concurrently with, or at any time after, submission under section 505(i) of this Act or section 351(a)(3) of the Public Health Service Act for the investigation of a drug that incorporates or utilizes the platform technology that is the subject of the request. (d) Designation (1) In general Not later than 60 calendar days after the receipt of a request under subsection (c), the Secretary shall determine whether the platform technology that is the subject of the request meets the criteria described in subsection (b). (2) Designation If the Secretary determines that the platform technology meets the criteria described in subsection (b), the Secretary shall designate the platform technology as a designated platform technology and may expedite the development and review of any subsequent application submitted under section 505(b) of this Act or section 351(a) of the Public Health Service Act for a drug that uses or incorporates the platform technology pursuant to subsection (e), as appropriate. (3) Determination not to designate If the Secretary determines that the platform technology does not meet the criteria under subsection (b), the Secretary shall include with the determination not to designate the technology a written description of the rationale for such determination. (4) Revocation of designation The Secretary may revoke a designation made under paragraph (2), if the Secretary determines that the designated platform technology no longer meets the criteria described in subsection (b). The Secretary shall communicate the determination to revoke a designation to the requesting sponsor in writing, including a description of the rationale for such determination. (5) Applicability Nothing in this section shall prevent a product that uses or incorporates a designated platform technology from being eligible for expedited approval pathways if it is otherwise eligible under this Act or the Public Health Service Act. (e) Actions The Secretary may take actions to expedite the development and review of an application for a drug that incorporates or utilizes a designated platform technology, including— (1) engaging in early interactions with the sponsor to discuss the use of the designated platform technology and what is known about such technology, including data previously submitted that is relevant to establishing, as applicable, safety or efficacy under section 505(b) of this Act or safety, purity, or potency under section 351(a) of the Public Health Service Act; (2) providing timely advice to, and interactive communication with, the sponsor regarding the development of the drug that proposes to use the designated platform technology to ensure that the development program designed to gather data necessary for approval or licensure is as efficient as practicable, which may include holding meetings with the sponsor and the review team throughout the development of the drug; and (3) considering inspectional findings, including prior findings, related to the manufacture of a drug that incorporates or utilizes the designated platform technology. (f) Leveraging data from designated platform technologies The Secretary shall, consistent with applicable standards for approval, authorization, or licensure under this Act and section 351(a) of the Public Health Service Act, allow the sponsor of an application under section 505(b) of this Act or section 351(a) of the Public Health Service Act or a request for emergency use authorization under section 564, in order to support approval, licensure, or authorization, to reference or rely upon data and information within such application or request that incorporates or utilizes the same or substantially similar platform technology designated under subsection (d), provided that— (1) such data and information was submitted by the same sponsor, pursuant to the application for the drug with respect to which designation of the designated platform technology under subsection (d) was granted; or (2) the sponsor relying on such data and information received a right of reference to such data and information from the sponsor described in paragraph (1). (g) Changes to a designated platform technology A sponsor of one or more applications approved under section 505(b) of this Act or section 351(a) of the Public Health Service Act for a drug or biological product that incorporates or utilizes the same designated platform technology may submit a single supplemental application for the same proposed changes to the designated platform technology that is applicable to more than one drug or biological product that incorporates or utilizes such designated platform technology that may be cross referenced in other applications incorporating such change. Such application may include one or more comparability protocols regarding how such changes to the platform technology would be made for each applicable application. (h) Guidance Not later than 1 year after the date of enactment of this section, the Secretary shall issue draft guidance on the implementation of this section. Such guidance shall include examples of drugs that can be manufactured using platform technologies, including drugs that contain or consist of vectors and nucleic acids, information about the Secretary's review of platform technologies, information regarding submitting for designation, consideration for persons submitting a request for designation who has been granted a right of reference, the implementation of the designated platform technology designation program, efficiencies that may be achieved in the development and review of products that incorporate or utilize designated platform technologies, and recommendations and requirements for making and reporting manufacturing changes to a designated platform technology in accordance with section 506A. (i) Definitions For purposes of this section: (1) The term platform technology means— (A) a technology incorporated into a drug or biological product, such as a nucleic acid sequence, molecular structure, mechanism of action, delivery method, or other technology the Secretary determines to be appropriate, or combination of any such technologies, that— (i) is essential to the characterization of the drug or biological product; and (ii) can be adapted for, or incorporated or utilized in, more than one drug or biological product sharing common structural elements; or (B) a standardized production or manufacturing process that is used to create or develop more than one drug sharing common structural elements that can be incorporated into multiple different drugs. (2) The term designated platform technology means a platform technology that is designated as a platform technology under subsection (d). (j) Rule of construction Nothing in this section shall be construed to— (1) alter the authority of the Secretary to approve drugs pursuant to section 505 of this Act or license biological products pursuant to section 351 of the Public Health Service Act, including standards of evidence and applicable conditions for approval or licensure under the applicable Act; or (2) confer any new rights with respect to the permissibility of a sponsor of an application for a drug product or biological product referencing information contained in another application submitted by the holder of an approved application under section 505(c) of this Act or of a license under section 351(a) of the Public Health Service Act. . (b) Report Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall issue a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, on the platform technology designation program under section 506K of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). Such report shall include— (1) the number of requests for designation under such program; (2) the number of designations under such program issued, active, and revoked; (3) the resources required to carry out such program (including the review time used for full-time equivalent employees); (4) any efficiencies gained in the development, manufacturing, and review processes associated with such designations; and (5) recommendations, if any, to strengthen the program to better leverage platform technologies that can be used in more than one drug and meet patient needs in a manner as timely as possible, taking into consideration the resources available to the Secretary of Health and Human Services for carrying out such program. 507. Increasing EUA decision transparency Section 564(h)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3(h)(1) ) is amended— (1) by inserting on the internet website of the Food and Drug Administration and after promptly publish ; and (2) by striking application under section 505(i), 512(j), or 520(g), even if such summary may indirectly reveal the existence of such application and inserting application, request, or submission under this section or section 505(b), 505(i), 505(j), 512(b), 512(j), 512(n), 515, 510(k), 513(f)(2), 520(g), 520(m), 571, or 572 of this Act, or section 351(a) or 351(k) of the Public Health Service Act, even if such summary may reveal the existence of such an application, request, or submission, or data contained in such application, request, or submission . 508. Improving FDA guidance and communication (a) FDA report and implementation of good guidance practices The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall develop, and publish on the website of the Food and Drug Administration— (1) a report identifying best practices for the efficient prioritization, development, issuance, and use of guidance documents, within centers, across the Food and Drug Administration, and across other applicable agencies; and (2) a plan for implementation of such best practices, including across other applicable agencies, which shall address— (A) streamlining development and review of guidance documents within centers and across the Food and Drug Administration; (B) streamlining processes for regulatory submissions to the Food and Drug Administration, including through the revision or issuance of guidance documents; and (C) implementing innovative guidance development processes and practices and transitioning or updating guidance issued during the COVID–19 public health emergency, as appropriate. (b) Report and implementation of FDA best practices for communicating with external stakeholders The Secretary, acting through the Commissioner of Food and Drugs, shall develop and publish on the website of the Food and Drug Administration a report on the practices of the Food and Drug Administration to broadly communicate with external stakeholders, other than through guidance documents, which shall include— (1) a review of the types and methods of public communication that the Food and Drug Administration uses to communicate and interact with medical product sponsors and other external stakeholders; (2) the identification of best practices for the efficient development, issuance, and use of such communications; and (3) a plan for implementation of best practices for communication with external stakeholders, which shall address— (A) advancing the use of innovative forms of communication, including novel document types and formats, to provide increased regulatory clarity to product sponsors and other stakeholders, and advancing methods of communicating and interacting with medical product sponsors and other external stakeholders, including the use of tools such as product submission templates, webinars, and frequently asked questions communications; (B) streamlining processes for regulatory submissions; and (C) implementing innovative communication development processes and transitioning or updating communication practices used during the COVID–19 public health emergency, as appropriate. (c) Consultation In developing and publishing the report and implementation plan under this section, the Secretary shall consult with stakeholders, including researchers, academic organizations, pharmaceutical, biotechnology, and medical device developers, clinical research organizations, clinical laboratories, health care providers, patient groups, and other appropriate stakeholders. (d) Manner of issuance For purposes of carrying out this section, the Secretary may update an existing report or plan, and may combine the reports and implementation plans described in subsections (a) and (b) into one or more documents. (e) Timing The Secretary shall— (1) not later than 1 year after the date of enactment of this Act, publish a draft of the reports and plans required under this section; and (2) not later than 180 days after publication of the draft reports and plans under paragraph (1)— (A) publish a final report and plan; and (B) begin implementation of the best practices pursuant to such final plan. 509. GAO study and report on hiring challenges at FDA (a) In general Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report assessing the policies, practices, processes, and programs of the Food and Drug Administration with respect to hiring, recruiting, and retention, and the impact of such policies, practices, processes, and programs on the agency’s ability to carry out its public health mission, including the agency’s ability to respond to the COVID–19 public health emergency. Such report may involve policies, practices, processes, and programs of the Department of Health and Human Services and other agencies, as applicable. (b) Content of report The report required under subsection (a) shall include an assessment of— (1) challenges related to the efficient hiring, recruiting, professional development, and retention of the Food and Drug Administration workforce, including, as applicable, the end-to-end hiring process, time to hire, multiple hiring authorities, salary levels, vacancy rates, and identification and availability of candidates with necessary expertise; (2) causes of the challenges identified under paragraph (1), including an analysis of relevant policies, practices, processes, programs, organizational structure, resources, training, remote work capabilities, and data systems; (3) challenges facing the Food and Drug Administration workforce, including with respect to workload, diversity, employee engagement, and morale; (4) the impact of challenges identified under paragraphs (1) and (3) on operations of the Food and Drug Administration, including on meeting user fee agreement performance goals and inspection activities; (5) any hiring or retention plans of the Food and Drug Administration, and progress towards implementation and the metrics to measure success of such plans; (6) successful or efficient hiring policies or authorities, including any relevant hiring authorities that resulted in efficient hiring for vacant positions, such as temporary direct hiring authorities during the COVID–19 public health emergency response; (7) whether policies, practices, processes, and programs related to hiring, recruiting, professional development, and retention are implemented consistently across the Food and Drug Administration; (8) recommendations to address challenges identified, including recommendations regarding improvements to policies, practices, processes, and programs of the Food and Drug Administration with respect to hiring, recruiting, professional development, and retention; and (9) challenges related to hiring, recruiting, and retaining a qualified workforce to meet public health emergency response needs, including any such challenges identified during the COVID–19 public health emergency. B Mitigating shortages 511. Ensuring registration of foreign drug and device manufacturers (a) Registration of certain foreign establishments Section 510(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(i) ) is amended by adding at the end the following: (5) The requirements of paragraphs (1) and (2) shall apply regardless of whether the drug or device undergoes further manufacture, preparation, propagation, compounding, or processing at a separate establishment outside the United States prior to being imported or offered for import into the United States. . (b) Updating regulations Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update regulations, as appropriate, to implement the amendment made by subsection (a). 512. Extending expiration dates for certain drugs (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall issue draft guidance, or revise existing guidance, to address recommendations for sponsors of applications submitted under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) regarding— (1) the submission of stability testing data in such applications, including considerations for data requirements that could be streamlined or reduced to facilitate faster review of longer proposed expiration dates; (2) establishing in the labeling of drugs the longest feasible expiration date scientifically supported by such data, taking into consideration how extended expiration dates may— (A) help prevent or mitigate drug shortages; and (B) affect product quality; and (3) the use of innovative approaches for drug and combination product stability modeling to support initial product expiration dates and expiration date extensions. (b) Report Not later than 2 years after the date of enactment of this Act, and again 2 years thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes— (1) the number of drugs for which the Secretary has requested the manufacturer make a labeling change regarding the expiration date; and (2) for each drug for which the Secretary has requested a labeling change with respect to the expiration date, information regarding the circumstances of such request, including— (A) the name and dose of such drug; (B) the rationale for the request; (C) whether the drug, at the time of the request, was listed on the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356e ), or was at risk of shortage; (D) whether the request was made during a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); and (E) whether the manufacturer made the requested change by the requested date, and for instances where the manufacturer does not make the requested change, the manufacturer’s justification for not making the change, if the manufacturer agrees to provide such justification for inclusion in the report. 513. Unannounced foreign facility inspections pilot program (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall conduct a pilot program under which the Secretary increases the conduct of unannounced inspections of foreign human drug facilities and evaluates the differences between inspections of domestic and foreign human drug facilities, including the impact of announcing inspections to persons who own or operate foreign human drug facilities in advance of an inspection. Such pilot program shall evaluate— (1) differences in the number and type of violations of section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351(a)(2)(B) ) identified during unannounced and announced inspections of foreign human drug facilities and any other significant differences between each type of inspection; (2) costs and benefits associated with conducting announced and unannounced inspections of foreign human drug facilities; (3) barriers to conducting unannounced inspections of foreign human drug facilities and any challenges to achieving parity between domestic and foreign human drug facility inspections; and (4) approaches for mitigating any negative effects of conducting announced inspections of foreign human drug facilities. (b) Pilot program initiation The Secretary shall initiate the pilot program under this section not later than 180 days after the date of enactment of this Act. (c) Report The Secretary shall, not later than 180 days following the completion of the pilot program, make available on the website of the Food and Drug Administration a final report on the pilot program under this section, including— (1) findings and any associated recommendations with respect to the evaluation under subsection (a), including any recommendations to address identified barriers to conducting unannounced inspections of foreign human drug facilities; (2) findings and any associated recommendations regarding how the Secretary may achieve parity between domestic and foreign human drug inspections; and (3) the number of unannounced inspections during the pilot that would not be unannounced under existing practices. 514. Combating counterfeit devices (a) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (fff) (1) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification upon any device or container, packaging, or labeling thereof so as to render such device a counterfeit device. (2) Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark or imprint of another or any likeness of any of the foregoing upon any device or container, packaging, or labeling thereof so as to render such device a counterfeit device. (3) The doing of any act which causes a device to be a counterfeit device, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit device. . (b) Penalties Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended— (1) in subsection (b)(8), by inserting , or who violates section 301(fff)(3) by knowingly making, selling or dispensing, or holding for sale or dispensing, a counterfeit device, after a counterfeit drug ; and (2) in subsection (c), by inserting ; or (6) for having violated section 301(fff)(2) if such person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a device being a counterfeit device, or for having violated section 301(fff)(3) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the device was a counterfeit device before the period. (c) Seizure Section 304(a)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334(a)(2) ) is amended— (1) by striking , and (E) and inserting , (E) ; and (2) by inserting , (F) Any device that is a counterfeit device, (G) Any container, packaging, or labeling of a counterfeit device, and (H) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit device or devices before the period. 515. Strengthening medical device supply chains (a) In general Section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ) is amended— (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following: (h) Risk management plans Each manufacturer of a device that is critical to public health, including devices that are life-supporting, life-sustaining, or intended for use in emergency medical care, shall develop, maintain, and, as appropriate, implement a redundancy risk management plan that identifies and evaluates risks to the supply of the device, as applicable, for each establishment in which such device is manufactured. A risk management plan under this subsection— (1) may identify and evaluate risks to the supply of more than one device, or device category, manufactured at the same establishment; and (2) shall be subject to inspection and copying by the Secretary pursuant to section 704 or at the request of the Secretary. . (b) Report Not later than 2 years after the date of enactment of this Act, and annually for 4 years thereafter, the Secretary of Health and Human Services shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the use of information manufacturers submit pursuant to section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ) and applicable guidance issued with respect to such section. 516. Preventing medical device shortages (a) Notifications Section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ), as amended by section 515, is further amended— (1) in the flush text at the end of subsection (a), by inserting or of any other circumstance that is likely to lead to a meaningful disruption in the supply of the device or a shortage of the device, and there is no other available device that could reasonably be substituted for that device in the United States before the period; (2) in subsection (f), by inserting or (i) after subsection (a) ; and (3) by inserting after subsection (h), as added by section 515, the following: (i) Additional notifications The Secretary may receive notifications from a manufacturers of a device that is life-supporting, life-sustaining, or intended for use in emergency medical care or during surgery, or any other device the Secretary determines to be critical to the public health, pertaining to a permanent discontinuance in the manufacture of the device (except for any discontinuance as a result of an approved modification of the device) or an interruption of the manufacture of the device that is likely to lead to a meaningful disruption in the supply of that device in the United States, and the reasons for such discontinuance or interruption. . (b) Guidance on voluntary notifications of discontinuance or interruption of device manufacture Not later than 1 year after the date of enactment of this Act, the Secretary shall issue draft guidance to facilitate voluntary notifications under subsection (i) of section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ), as added by subsection (a). Such guidance shall include a description of circumstances in which a voluntary notification under such subsection (i) may be appropriate, recommended timeframes within which sponsors should submit such a notification, the process for receiving such notifications, and actions the Secretary may take to mitigate or prevent a shortage resulting from a discontinuance or interruption in the manufacture of a device for which such notification is received. The Secretary shall issue final guidance not later than 1 year after the close of the comment period for the draft guidance. 517. Remote records assessments for medical devices (a) Factory inspection Section 704(a)(4)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374(a)(4)(A) ) is amended— (1) in the first sentence, by inserting or device after processing of a drug ; and (2) in the second sentence, by striking shall include and all that follows through the period at the end and inserting the following: “shall include— (A) a description of the records requested; and (B) a rationale for requesting such information in advance of, or in lieu of, an inspection. . (b) Guidance Not later than 1 year after the date of enactment of this Act, the Secretary shall issue draft guidance describing circumstances in which the Secretary intends to issue requests for records or other information in advance of, or in lieu of, an inspection, processes for responding to such requests electronically or in physical form, and factors the Secretary intends to consider in evaluating whether such records are provided within a reasonable timeframe, within reasonable limits, and in a reasonable manner, accounting for resource and other limitations that may exist, including for small businesses. The Secretary shall issue final guidance not later than 1 year after the close of the comment period for the draft guidance. 518. Advanced manufacturing technologies designation pilot program Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ), as amended by section 506, is further amended by inserting after section 506K the following: 506L. Advanced manufacturing technologies designation pilot program (a) In general Not later than 1 year after the date of enactment of this section, the Secretary shall initiate a pilot program under which persons may request designation of an advanced manufacturing technology as described in subsection (b). (b) Designation process The Secretary shall establish a process for the designation under this section of methods of manufacturing drugs, including biological products, and active pharmaceutical ingredients of such drugs, as advanced manufacturing technologies. A method of manufacturing, or a combination of manufacturing methods, is eligible for designation as an advanced manufacturing technology if such method or combination of methods incorporates a novel technology, or uses an established technique or technology in a novel way, that will substantially— (1) enhance drug quality; or (2) improve the manufacturing process for a drug and maintain drug quality, including by— (A) reducing development time for a drug using the designated manufacturing method; or (B) increasing or maintaining the supply of— (i) a drug that is life-supporting, life-sustaining, or of critical importance to providing health care; or (ii) a drug that is on the drug shortage list under section 506E. (c) Evaluation and designation of an advanced manufacturing technology (1) Submission A person who requests designation of a method of manufacturing as an advanced manufacturing technology under this section shall submit to the Secretary data or information demonstrating that the method of manufacturing meets the criteria described in subsection (b) in a particular context of use. The Secretary may facilitate the development and review of such data or information by— (A) providing timely advice to, and interactive communication with, such person regarding the development of the method of manufacturing; and (B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing, as applicable. (2) Evaluation and designation Not later than 180 calendar days after the receipt of a request under paragraph (1), the Secretary shall determine whether to designate such method of manufacturing as an advanced manufacturing technology, in a particular context of use, based on the data and information submitted under paragraph (1) and the criteria described in subsection (b). (d) Review of advanced manufacturing technologies If the Secretary designates a method of manufacturing as an advanced manufacturing technology, the Secretary shall— (1) expedite the development and review of an application submitted under section 505 of this Act or section 351 of the Public Health Service Act, including supplemental applications, for drugs that are manufactured using a designated advanced manufacturing technology; and (2) allow the holder of an advanced technology designation, or a person authorized by the advanced manufacturing technology designation holder, to reference or rely upon, in an application submitted under section 505 of this Act or section 351 of the Public Health Service Act, including a supplemental application, data and information about the designated advanced manufacturing technology for use in manufacturing drugs in the same context of use for which the designation was granted. (e) Implementation and evaluation of advanced manufacturing technologies pilot (1) Public meeting The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 180 days after the date of enactment of this section, to discuss, and obtain input and recommendations from relevant stakeholders regarding— (A) the goals and scope of the pilot program, and a suitable framework, procedures, and requirements for such program; and (B) ways in which the Food and Drug Administration will support the use of advanced manufacturing technologies and other innovative manufacturing approaches for drugs. (2) Pilot program guidance (A) In general The Secretary shall— (i) not later than 180 days after the public meeting under paragraph (1), issue draft guidance regarding the goals and implementation of the pilot program under this section; and (ii) not later than 2 years after the date of enactment of this section, issue final guidance regarding the implementation of such program. (B) Content The guidance described in subparagraph (A) shall address— (i) the process by which a person may request a designation under subsection (b); (ii) the data and information that a person requesting such a designation is required to submit under subsection (c), and how the Secretary intends to evaluate such submissions; (iii) the process to expedite the development and review of applications under subsection (d); and (iv) the criteria described in subsection (b) for eligibility for such a designation. (3) Report Not later than 3 years after the date of enactment of this section and annually thereafter, the Secretary shall publish on the website of the Food and Drug Administration and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing a description and evaluation of the pilot program being conducted under this section, including the types of innovative manufacturing approaches supported under the program. Such report shall include the following: (A) The number of persons that have requested designations and that have been granted designations. (B) The number of methods of manufacturing that have been the subject of designation requests and that have been granted designations. (C) The average number of calendar days for completion of evaluations under subsection (c)(2). (D) An analysis of the factors in data submissions that result in determinations to designate and not to designate after evaluation under subsection (c)(2). (E) The number of applications received under section 505 of this Act or section 351 of the Public Health Service Act, including supplemental applications, that have included an advanced manufacturing technology designated under this section, and the number of such applications approved. (f) Sunset The Secretary— (1) may not consider any requests for designation submitted under subsection (c) after October 1, 2029; and (2) may continue all activities under this section with respect to advanced manufacturing technologies that were designated pursuant to subsection (d) prior to such date, if the Secretary determines such activities are in the interest of the public health. . 519. Technical corrections (a) Technical corrections to the CARES Act Division A of the CARES Act ( Public Law 116–136 ) is amended— (1) in section 3111(1), by striking in paragraph (1) and inserting in the matter preceding paragraph (1) ; (2) in section 3112(d)(1), by striking and subparagraphs (A) and (B) and inserting as subparagraphs (A) and (B) ; and (3) in section 3112(e), by striking Federal Food, Drug, Cosmetic Act and inserting Federal Food, Drug, and Cosmetic Act . (b) Technical corrections to the Federal Food, Drug, and Cosmetic Act related to the CARES Act (1) Section 506C Section 506C(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c(a) ) is amended, in the flush text at the end, by striking the second comma after in the United States . (2) Effective date The amendment made by paragraph (1) shall take effect as if included in section 3112 of division A of the CARES Act ( Public Law 116–136 ). (c) Other technical correction to the Federal food, drug, and cosmetic act Section 505B(f)(6)(I) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c(f)(6)(I) ) is amended by striking subsection (a)(3)(B) and inserting subsection (a)(4)(C) . | https://www.govinfo.gov/content/pkg/BILLS-117s3799is/xml/BILLS-117s3799is.xml |
117-s-3800 | II 117th CONGRESS 2d Session S. 3800 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Marshall (for himself, Mr. Luján , Mr. Scott of South Carolina , Mrs. Gillibrand , Mr. Cassidy , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish and support a network of Centers for Public Health Preparedness and Response.
1. Short title This Act may be cited as the Centers for Public Health Preparedness and Response Reauthorization Act . 2. Centers for public health preparedness and response (a) In general Section 319F of the Public Health Service Act ( 42 U.S.C. 247d–6 ) is amended— (1) by striking subsection (d) and inserting the following: (d) Centers for Public Health Preparedness and Response (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants, contracts, or cooperative agreements to institutions of higher education, including accredited schools of public health, or other nonprofit private entities to establish or support a network of Centers for Public Health Preparedness and Response (referred to in this subsection as Centers ). (2) Eligibility To be eligible to receive an award under this subsection, an entity shall submit to the Secretary an application containing such information as the Secretary may require, including a description of how the entity will— (A) coordinate relevant activities with State, local, and Tribal health departments and officials, health care facilities, and health care coalitions to improve public health preparedness and response, as informed by the public health preparedness and response needs of the community, or communities, involved; (B) prioritize efforts to implement evidence-informed or evidence-based practices to improve public health preparedness and response, including by helping to reduce the transmission of emerging infectious diseases; and (C) use funds awarded under this subsection, including by carrying out any activities described in paragraph (3). (3) Use of funds As a condition of receiving funds under this subsection, Centers established or supported shall carry out activities to advance public health preparedness and response capabilities, which may include by— (A) identifying, translating, and disseminating promising research findings or strategies into evidence-informed or evidence-based practices to inform preparedness for, and responses to, chemical, biological, radiological, or nuclear threats, including emerging infectious diseases, and other public health emergencies, which may include conducting research related to public health preparedness and response systems; (B) improving awareness of such evidence-informed or evidence-based practices and other relevant scientific or public health information among health care professionals, public health professionals, other stakeholders, and the public, including through the development, evaluation, and dissemination of trainings and training materials, consistent with section 2802(b)(2), as applicable and appropriate, to support preparedness for, and responses to, such threats; (C) utilizing and expanding relevant technological and analytical capabilities to inform public health and medical preparedness and response efforts; (D) expanding activities, including through public-private partnerships, related to public health preparedness and response, including participation in drills and exercises and training public health experts, as appropriate; and (E) providing technical assistance and expertise related to responses to public health emergencies, as appropriate, to State, local, and Tribal health departments and other entities pursuant to paragraph (2)(A). (4) Distribution of awards In awarding grants, contracts, or cooperative agreements under this subsection, the Secretary shall support not fewer than 10 Centers, subject to the availability of appropriations, and ensure that such awards are equitably distributed among the geographical regions of the United States. ; and (2) in subsection (f)(1)(C), by striking , of which $5,000,000 shall be used to carry out paragraphs (3) through (5) of such subsection . (b) Repeal Section 319G of the Public Health Service Act ( 42 U.S.C. 247d–7 ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s3800is/xml/BILLS-117s3800is.xml |
117-s-3801 | II 117th CONGRESS 2d Session S. 3801 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Ms. Ernst (for herself, Mr. Braun , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish limitations on the amount of debt issued by the United States which may be held by foreign governments, entities, and individuals.
1. Short title This Act may be cited as the National Debt is National Security Act . 2. Limit on public debt held by foreign governments, entities, and individuals (a) In general Subchapter I of chapter 31 of title 31, United States Code, is amended by inserting after section 3113 the following: 3114. Limit on public debt held by foreign governments, entities, and individuals (a) In general (1) Cumulative limit Notwithstanding any other provision of this chapter, the amount of the national debt which is cumulatively held by foreign governments, entities organized or incorporated under the laws of a foreign country, and citizens of foreign countries shall not exceed an amount equal to one-third of the national debt. (2) Country-specific limit Notwithstanding any other provision of this chapter, with respect to any foreign country, the amount of the national debt which is cumulatively held by the government of such country, entities organized or incorporated under the laws of such country, and citizens of such country shall not exceed an amount equal to 5 percent of the national debt. (b) Determination The Secretary of the Treasury, in coordination with the Director of the Office of Management and Budget, shall issue guidance regarding implementation of this section, including calculation of the amount of the national debt held by foreign governments, entities organized or incorporated under the laws of a foreign country, and citizens of foreign countries. (c) Presidential waiver (1) In general The President may waive the application of paragraph (1) or (2) of subsection (a) if the President determines and, pursuant to paragraph (2), so reports that the important national interest of the United States requires the exercise of such waiver authority. (2) Congressional notification Not later than the date of the exercise of a waiver under paragraph (1), the President shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate of the waiver or the intention to exercise the waiver, together with a detailed justification thereof. (d) National debt For purposes of this section, the term national debt means the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury). . (b) Clerical amendment The table of sections of subchapter I of chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3113 the following: 3114. Limit on public debt held by foreign governments, entities, and individuals. . | https://www.govinfo.gov/content/pkg/BILLS-117s3801is/xml/BILLS-117s3801is.xml |
117-s-3802 | II 117th CONGRESS 2d Session S. 3802 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Whitehouse (for himself, Mr. Merkley , Ms. Warren , Mr. Sanders , Ms. Baldwin , Mr. Brown , Mr. Markey , Mr. Booker , Mr. Casey , Mr. Blumenthal , Mr. Bennet , and Mr. Reed ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to impose a windfall profits excise tax on crude oil and to rebate the tax collected back to individual taxpayers, and for other purposes.
1. Short title This Act may be cited as the Big Oil Windfall Profits Tax Act . 2. Windfall profits tax (a) In general Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new chapter: 56 Windfall profits on crude oil Sec. 5896. Imposition of tax. Sec. 5897. Definitions and special rules. 5896. Imposition of tax (a) In general In addition to any other tax imposed under this title, in each calendar quarter there is hereby imposed on any covered taxpayer an excise tax at the rate determined under subsection (b) on— (1) each barrel of taxable crude oil extracted by the taxpayer within the United States and removed from the property of such taxpayer during the calendar quarter, and (2) each barrel of taxable crude oil entered into the United States during the calendar quarter by the taxpayer for consumption, use, or warehousing. (b) Rate of tax (1) In general The rate of tax imposed by this section on any barrel of taxable crude oil for any calendar quarter is the product of— (A) 50 percent, and (B) the excess (if any) of— (i) the average price of a barrel of Brent crude oil over the covered calendar quarter, over (ii) the average price of a barrel of Brent crude oil over the period beginning on January 1, 2015, and ending on December 31, 2019. (2) Inflation adjustment (A) In general In the case of a calendar quarter beginning in any taxable year beginning after 2022, the amount determined under paragraph (1)(B)(ii) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any dollar amount, after being increased under subparagraph (A), is not a multiple of $0.50, such dollar amount shall be rounded to the next lowest multiple of $0.01. (c) Fractional part of barrel In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. 5897. Definitions and special rules (a) Definitions For purposes of this chapter (1) Covered taxpayer (A) In general The term covered taxpayer means, with respect to any calendar quarter, any taxpayer if— (i) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for calendar year 2019 exceeded 300,000 barrels, or (ii) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for the calendar quarter exceeds 300,000. (B) Aggregation rules All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of paragraph (1). (2) Taxable crude oil The term taxable crude oil includes crude oil, crude oil condensates, and natural gasoline. (3) Barrel The term barrel means 42 United States gallons. (4) United States The term United States has the same meaning given such term under section 4612. (b) Withholding and deposit of tax The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. (c) Records and information Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. (d) Return of windfall profit tax The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. (e) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. . (b) Clerical amendment The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Chapter 56. Windfall profits on crude oil. . (c) Effective date The amendments made by this section shall apply to crude oil removed or entered after the date of the enactment of this Act, in calendar quarters ending after such date. 3. Gasoline price rebates (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Gasoline price rebates (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for each taxable year beginning after the date of the enactment of the Big Oil Windfall Profits Tax Act , an amount equal to the sum of the gasoline price rebate amount for calendar quarters beginning in such taxable year. (b) Gasoline price rebate amount For purposes of this section— (1) In general The term gasoline price rebate amount means, with respect to any taxpayer for any calendar quarter beginning in a taxable year, an amount determined by the Secretary not later than 30 days after the end of such calendar quarter taking into account the number of eligible individuals and the amount of revenues in the Protect Consumers from Gas Hikes Fund resulting from the tax imposed by section 5896 for the preceding calendar quarter. (2) Special rule for joint returns In the case of an eligible individual filing a joint return, the gasoline price rebate amount shall be 150 percent of the amount determined under paragraph (1) with respect to other taxpayers. (3) Limitation based on adjusted gross income The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the eligible individual's adjusted gross income as exceeds— (A) $150,000 in the case of a joint return, (B) $112,500 in the case of a head of household, and (C) $75,000 in any other case. (c) Eligible individual For purposes of this section, the term eligible individual means any individual other than— (1) any nonresident alien individual, (2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and (3) an estate or trust. (d) Definitions and special rules (1) Dependent defined For purposes of this section, the term dependent has the meaning given such term by section 152. (2) Identification number requirement (A) In general In the case of a return other than a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. (B) Joint returns In the case of a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being— (i) 50 percent of the amount otherwise determined without regard to this paragraph if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and (ii) zero if the valid identification number of neither spouse is so included. (C) Valid identification number For purposes of this paragraph, the term valid identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (D) Special rule for members of the Armed Forces Subparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. (E) Coordination with certain advance payments In the case of any payment determined pursuant to subsection (f)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer’s return of tax if such valid identification number is available to the Secretary as described in such subsection. (F) Mathematical or clerical error authority Any omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. (3) Credit treated as refundable The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. (e) Coordination with advance refunds of credit (1) Reduction of refundable credit The amount of the credit which would (but for this paragraph) be allowable under subsection (a) for any taxable year shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer (or, except as otherwise provided by the Secretary, any dependent of the taxpayer) under subsection (f) for such taxable year. Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). (2) Joint returns Except as otherwise provided by the Secretary, in the case of a refund or credit made or allowed under subsection (f) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. (f) Advance refunds and credits (1) In general Subject to paragraphs (5) and (6), for any rebate taxable year, each individual who was an eligible individual for the applicable taxable year shall be treated as having made a payment against the tax imposed by chapter 1 for such applicable taxable year in an amount equal to advance refund amount for such rebate taxable year. (2) Advance refund amount (A) In general For purposes of paragraph (1), the advance refund amount for any rebate taxable year is the amount that would be allowed as a credit under this section for the applicable taxable year if this section (other than subsection (e) and this subsection) were applied to such applicable taxable year (without regard to any effective date) using the gasoline price rebate amount for the refund taxable year. (B) Treatment of deceased individuals For purposes of determining the advanced refund amount— (i) any individual who was deceased before the first day of the rebate taxable year shall be treated for purposes of applying subsection (d)(2) in the same manner as if the valid identification number of such person was not included on the return of tax for the applicable taxable year (except that subparagraph (D) thereof shall not apply), and (ii) notwithstanding clause (i), in the case of a joint return with respect to which only 1 spouse is deceased before the first day of the rebate taxable year, such deceased spouse was a member of the Armed Forces of the United States at any time during the applicable taxable year, and the valid identification number of such deceased spouse is included on the return of tax for the applicable taxable year, the valid identification number of 1 (and only 1) spouse shall be treated as included on the return of tax for the applicable taxable year for purposes of applying subsection (d)(2)(B) with respect to such joint return. (3) Timing and manner of payments The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this section and determined with respect to any calendar quarter not later than 90 days after the end of such calendar quarter. No refund or credit shall be made or allowed under this subsection with respect to any applicable taxable year after the last day of the rebate taxable year. (4) No interest No interest shall be allowed on any overpayment attributable to this subsection. (5) Application to individuals who have filed a return of tax for the year after the applicable taxable year (A) Application to returns filed at time of initial determination If, at the time of any determination made pursuant to paragraph (3), the individual referred to in paragraph (1) has filed a return of tax for the individual’s first taxable year beginning after the applicable taxable year, paragraph (1) shall be applied with respect to such individual by substituting taxable year following the applicable taxable year for applicable taxable year . (B) Additional payment (i) In general In the case of any individual who files, before the additional payment determination date, a return of tax for such individual’s first taxable year beginning after the applicable taxable year, the Secretary shall make a payment (in addition to any payment made under paragraph (1)) to such individual equal to the excess (if any) of— (I) the amount which would be determined under paragraph (1) (after the application of subparagraph (A)) by applying paragraph (1) as of the additional payment determination date, over (II) the amount of any payment made with respect to such individual under paragraph (1). (ii) Additional payment determination date The term additional payment determination date means the earlier of— (I) the date which is 90 days after the date specified in section 6072(a) with respect to returns for the taxable year following the applicable taxable year (determined after taking into account any period disregarded under section 7508A if such disregard applies to substantially all returns for such taxable year), or (II) September 1 of the calendar year following the applicable taxable year. (6) Application to certain individuals who have not filed a return of tax for the preceding two years In the case of any individual who, at the time of any determination made pursuant to paragraph (3), has filed a tax return for neither the applicable taxable year nor for the year following the applicable taxable year, the Secretary shall, consistent with rules similar to the rules of section 6428A(f)(5)(H)(i), apply paragraph (1) on the basis of information available to the Secretary and shall, on the basis of such information, determine the advance refund amount with respect to such individual without regard to subsection (b)(2) unless the Secretary has reason to know that such amount would otherwise be reduced by reason of such subsection. (7) Special rule related to time of filing return Solely for purposes of this subsection, a return of tax shall not be treated as filed until such return has been processed by the Internal Revenue Service. (8) Applicable taxable year; rebate taxable year For purposes of this subsection— (A) Rebate taxable year The term rebate taxable year means the taxable year for which a credit is allowed under this section. (B) Applicable taxable year The term applicable taxable year means the second taxable year preceding the rebate taxable year. (g) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including— (1) regulations or other guidance providing taxpayers the opportunity to provide the Secretary information sufficient to allow the Secretary to make payments to such taxpayers under subsection (f) (including the determination of the amount of such payment) if such information is not otherwise available to the Secretary, and (2) regulations or other guidance to ensure to the maximum extent administratively practicable that, in determining the amount of any credit under subsection (a) and any credit or refund under subsection (f), an individual is not taken into account more than once, including by different taxpayers and including by reason of a change in joint return status or dependent status between the taxable year for which an advance refund amount is determined and the taxable year for which a credit under subsection (a) is determined. (h) Outreach The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers described in subsection (g)(1) learn of their eligibility for the advance refunds and credits under subsection (f); are advised of the opportunity to receive such advance refunds and credits as provided under subsection (g)(1); and are provided assistance in applying for such advance refunds and credits. . (b) Treatment of certain possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) Inclusion of administrative expenses The Secretary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the increase (if any) of the administrative expenses of such possession— (A) in the case of a possession described in paragraph (1), by reason of the amendments made by this section, and (B) in the case of a possession described in paragraph (2), by reason of carrying out the plan described in such paragraph, or The amount described in subparagraph (A) shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (4) Coordination with credit allowed against united states income taxes No credit shall be allowed against United States income taxes under section 6433 of the Internal Revenue Code of 1986 (as added by this section), nor shall any credit or refund be made or allowed under subsection (f) of such section, to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (5) Mirror code tax system For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (6) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Administrative provisions (1) Definition of deficiency Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking 6428A, 6428B and inserting 6428A, 6428B, 6433, . (2) Exception from reduction or offset Any refund payable by reason of section 6433(f) of the Internal Revenue Code of 1986 (as added by this section), or any such refund payable by reason of subsection (b) of this section, shall not be— (A) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986 or any similar authority permitting offset, or (B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. (3) Conforming amendments (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 6433, after 6431, . (B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6433. Gasoline price rebates. . 4. Protect Consumers from Gas Price Hikes Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Protect Consumers from Gas Price Hikes Fund (a) Establishment and funding There is hereby established in the Treasury of the United States a trust fund to be referred to as the Protect Consumers from Gas Hikes Fund , consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b). (b) Transfers to the Protect Consumers from Gas Price Hikes Fund There are hereby appropriated to the Protect Consumers from Gas Hikes Fund amounts equivalent to the taxes received in the Treasury under section 5896. (c) Use of funds The Secretary shall pay from time to time from the Protect Consumers from Gas Price Hikes Fund to the general fund of the Treasury amounts equal to the amounts of refunds provided under section 6433. . (b) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Protect Consumers from Gas Price Hikes Fund. . | https://www.govinfo.gov/content/pkg/BILLS-117s3802is/xml/BILLS-117s3802is.xml |
117-s-3803 | II 117th CONGRESS 2d Session S. 3803 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Kelly (for himself, Ms. Ernst , Mr. Grassley , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the Office of Rural Prosperity, and for other purposes.
1. Short title This Act may be cited as the Rural Prosperity Act of 2022 . 2. Office of Rural Prosperity (a) In general There is established in the Executive Office of the President the Office of Rural Prosperity (referred to in this section as the Office ). (b) Purpose The purpose of the Office is to address the social, economic, and community well-being and resilience of rural areas in the United States by addressing unique structural challenges experienced by rural communities, including housing, education, healthcare, small business development, and job creation. (c) Chief Rural Advisor (1) In general The Office shall be headed by the Chief Rural Advisor, who shall be appointed by the President. (2) Compensation The Chief Rural Advisor shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5, United States Code. (d) Duties The Chief Rural Advisor shall— (1) not later than 1 year after the date of enactment of this Act, develop, and not less frequently than every 3 years thereafter, update, a comprehensive strategy for rural development across the Executive Branch, which shall— (A) identify the most pressing priorities of the United States to promote rural prosperity in the 10-year period following the date of submission of the report under subsection (f)(2); and (B) describe the policy actions that will be taken by the Federal Government, across Federal agencies and programs, to accelerate and support social and economic prosperity in rural areas; (2) using the metrics developed under subsection (e), develop whole-of-government recommendations to improve the return on investment of Federal resources and engagement relating to the needs of rural areas in the United States; (3) make recommendations to the President on coordinating, streamlining, and leveraging Federal investments in rural areas to increase the impact of Federal dollars to improve economic opportunities and the quality of life in rural areas in the United States; (4) coordinate, and improve community-level outcomes and return on investment of, Federal engagement relating to the needs of rural areas in the United States with stakeholders based in rural communities, including— (A) agricultural organizations; (B) small businesses; (C) education and training institutions; (D) health care providers; (E) telecommunications services providers; (F) electric service providers; (G) transportation providers; (H) research and land-grant institutions; (I) law enforcement agencies; (J) State, local, and Tribal governments (including a Native village and a Native Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); and (K) nongovernmental organizations; (5) coordinate Federal efforts directed toward the growth and development of rural geographic regions that encompass metropolitan and nonmetropolitan areas; (6) identify and facilitate rural economic opportunities associated with energy transitions, outdoor recreation, and other conservation-related activities; (7) identify common economic and social challenges faced by rural communities that could be overcome through better coordination of existing Federal and non-Federal resources; and (8) convene public hearings (including with the power to call witnesses and request documents from Federal agencies) on the state of rural areas in the United States and the comprehensive strategy for rural development developed under paragraph (1). (e) Metrics (1) In general Not later than 1 year after the date of enactment of this Act, the Chief Rural Advisor shall develop metrics to measure the effect of Federal programs on rural areas in the United States. (2) Requirements In developing the metrics under paragraph (1), the Chief Rural Advisor shall— (A) develop a comprehensive list of federally administered programs that are available to individuals, businesses, nonprofit organizations, units of local government, or other entities located in rural areas in the United States; and (B) develop a comprehensive set of metrics, including— (i) employment in a rural area; (ii) inequality in a rural area; (iii) economic competitiveness of a rural area; (iv) inflation or deflation in a rural area; (v) housing availability and costs in a rural area; (vi) access to health care or telehealth in a rural area; (vii) the rate of small business startups in a rural area; (viii) educational attainment in a rural area; (ix) workforce participation in a rural area; and (x) other metrics, as determined appropriate by the Chief Rural Advisor. (3) Availability of data of other Federal agencies (A) In general For purposes of developing metrics under paragraph (1), the head of any other Federal agency shall provide to the Chief Rural Advisor, on request by the Chief Rural Advisor and at no cost to the Office, any data relating to the work of the Office collected by the Federal agency. (B) Privacy and security The Chief Rural Advisor shall take any necessary steps to maintain the privacy and security of data provided under subparagraph (A). (f) Reports to Congress The Chief Rural Advisor shall— (1) not later than 1 year after establishing the metrics under subsection (e), and not less frequently than annually thereafter— (A) prepare a report describing the effect that the programs on the list developed under subsection (e)(2)(A) have on rural areas, based on the metrics developed under subsection (e)(2)(B), with demographic breakdowns by race, age, and geographic region; and (B) submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and the Committee on Appropriations of the House of Representatives, and make publicly available, the report prepared under subparagraph (A); and (2) not later than 1 year after the date of enactment of this Act, and not less frequently than every 3 years thereafter, submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and the Committee on Appropriations of the House of Representatives the comprehensive strategy for rural development developed under subsection (d)(1). (g) Funding This section shall be carried out using existing amounts otherwise available to the Executive Office of the President. (h) Savings provision Nothing in this section authorizes the hiring of additional staff. 3. Rural Prosperity Council (a) In general There is established a Rural Prosperity Council (referred to in this section as the Council ). (b) Chair The Secretary of Agriculture shall serve as the Chair of the Council. (c) Members The Council shall be composed of the heads of the following executive branch departments, agencies, and offices: (1) The Office of Rural Prosperity. (2) The Department of Agriculture. (3) The Department of the Treasury. (4) The Department of Defense. (5) The Department of Justice. (6) The Bureau of Indian Affairs. (7) The Department of the Interior. (8) The Department of Commerce. (9) The Economic Development Administration. (10) The Department of Labor. (11) The Department of Health and Human Services. (12) The Department of Housing and Urban Development. (13) The Department of Transportation. (14) The Department of Energy. (15) The Department of Education. (16) The Department of Veterans Affairs. (17) The Department of Homeland Security. (18) The Environmental Protection Agency. (19) The Federal Communications Commission. (20) The Office of Management and Budget. (21) The Office of Science and Technology Policy. (22) The Office of National Drug Control Policy. (23) The Council of Economic Advisers. (24) The Domestic Policy Council. (25) The National Economic Council. (26) The Small Business Administration. (27) The Council on Environmental Quality. (d) Designees A member of the Council may designate, to perform the Council functions of the member, a senior-level official who is— (1) part of the department, agency, or office of the member; and (2) a full-time officer or employee of the Federal Government. (e) Duties The Council shall— (1) ensure coordination among Federal agencies, States, units of local government, nonprofit organizations, and other stakeholders, as appropriate, in addressing the needs of rural areas in the United States; (2) coordinate Federal efforts directed toward the growth and development of rural geographic regions that encompass both metropolitan and nonmetropolitan areas; (3) identify and facilitate rural economic opportunities associated with energy transitions, outdoor recreation, and other conservation-related activities; (4) make recommendations to the President, acting through the Chief Rural Advisor, on streamlining and leveraging Federal investments in rural areas, where appropriate, to increase the impact of Federal dollars and create economic opportunities to improve the quality of life in rural areas in the United States; (5) provide a means for discussion and resolution of disputes between Federal agencies with regard to programs that address the needs of rural areas in the United States; and (6) develop plans and strategies to address the needs of rural areas in the United States. (f) Public Outreach Not less frequently than twice annually, the Council shall hold public meetings in a rural community for the purpose of— (1) soliciting feedback from the public, units of local government, Indian Tribes, and dislocated workers on concerns relating to the social, economic, and community well-being and resilience of rural areas; and (2) soliciting recommendations on actions the departments, agencies, and offices represented on the Council may consider to support the economic development of rural communities. 4. Rural prosperity action plan (a) In general The Secretary of Agriculture (referred to in this section as the Secretary ), in coordination with the Under Secretary for Rural Development, shall develop a rural prosperity action plan (referred to in this section as the action plan ), which shall describe the actions to be carried out by the Secretary for the purposes of addressing the social, economic, and community well-being and resilience of rural areas in the United States by addressing unique structural challenges experienced by rural communities. (b) Coordination Each activity carried out under this section shall be carried out in coordination with the Office of Rural Prosperity. (c) Administrative support and funding The Secretary shall provide administrative support and funding in the development of the action plan, to the extent permitted by law and using appropriations available to the Secretary as of the date of enactment of this Act. (d) Activities In developing the action plan, the Secretary shall— (1) examine each rural development activity carried out by the Secretary as of the date of enactment of this Act; and (2) identify regulatory and policy changes that could be made by the Secretary that would accomplish the goals described in subsection (a), including changes that would— (A) remove barriers to economic prosperity and quality of life in rural areas of the United States; (B) strengthen and expand educational opportunities for students in rural communities, particularly in agricultural education, science, technology, engineering, and mathematics; (C) empower the State, local, and Tribal agencies that implement rural economic development, agricultural, and environmental programs to tailor those programs to relevant regional circumstances; (D) respect the unique circumstances of small businesses that serve rural communities and the unique business structures and regional diversity of farms and ranches; (E) ensure access to a reliable workforce and increase employment opportunities in rural-focused businesses, including agriculture; (F) promote the preservation of family farms as they are passed from generation to generation; (G) ensure that private property rights of water users are not encumbered when the water users attempt to secure permits to operate on Federal land; (H) improve food safety and ensure that regulations and policies implementing Federal food safety laws are based on science and account for the unique circumstances of farms and ranches; (I) encourage the production, export, and use of domestically produced agricultural products; (J) further the energy security of the United States in the rural landscape; (K) address hurdles associated with access to resources on Federal land for rural communities that rely on cattle grazing, timber harvests, mining, recreation, and other multiple uses; (L) identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other conservation-related activities; and (M) coordinate and improve the effectiveness of Federal engagement with rural stakeholders, including agricultural organizations, small businesses, education and training institutions, health care providers, telecommunications services providers, research and land-grant institutions, law enforcement, State, local, and Tribal governments, and nongovernmental organizations, regarding the needs of rural areas of the United States. (e) Submission of action plan Not later than 1 year after the date of enactment of this Act, the Secretary shall submit the action plan, including recommendations for regulatory and policy changes identified under subsection (d)(2) that the Secretary considers appropriate, to— (1) the Chief Rural Advisor; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Agriculture of the House of Representatives; and (5) the Committee on Appropriations of the House of Representatives. (f) Progress report Not later than 1 year after the action plan is submitted in accordance with subsection (e), the Secretary shall submit a report describing the progress of the Secretary in meeting benchmarks described in the action plan to— (1) the Chief Rural Advisor; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Agriculture of the House of Representatives; and (5) the Committee on Appropriations of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3803is/xml/BILLS-117s3803is.xml |
117-s-3804 | II 117th CONGRESS 2d Session S. 3804 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Lankford (for himself and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 1233 North Cedar Street in Owasso, Oklahoma, as the Technical Sergeant Marshal Roberts Post Office Building .
1. Technical Sergeant Marshal Roberts Post Office Building (a) Designation The facility of the United States Postal Service located at 1233 North Cedar Street in Owasso, Oklahoma, shall be known and designated as the Technical Sergeant Marshal Roberts Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Technical Sergeant Marshal Roberts Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-117s3804is/xml/BILLS-117s3804is.xml |
117-s-3805 | II 117th CONGRESS 2d Session S. 3805 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Menendez (for himself and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To support the advancement of inclusive economic growth, democratic governance, peace, and security in Colombia, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the United States-Colombia Strategic Alliance Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Designation of Colombia as a major non-NATO ally. TITLE I—Supporting inclusive economic growth Sec. 101. Colombian-American Enterprise Fund. Sec. 102. Strategy for promoting and strengthening nearshoring in the Western Hemisphere. Sec. 103. United States-Colombia Labor Compact. Sec. 104. Supporting efforts to combat corruption. Sec. 105. Increasing English language proficiency. Sec. 106. Partnership for STEM education. Sec. 107. Supporting women entrepreneurs. Sec. 108. Supporting women and girls in science and technology. TITLE II—Advancing peace and democratic governance in Colombia Sec. 201. Supporting peace and justice. Sec. 202. Advancing integrated rural development. Sec. 203. Empowering Afro-Colombian and Indigenous communities in Colombia. Sec. 204. Protecting human rights defenders. TITLE III—Strengthening security cooperation Sec. 301. Establishment of United States-Colombia security consultative committee. Sec. 302. Cooperation on cyber defense and combating cyber crimes. Sec. 303. Classified report on the activities of certain terrorist and criminal groups. Sec. 304. Counternarcotics and rural security strategy. Sec. 305. Classified report on the malicious activities of state actors in the Andean region. TITLE IV—Protecting biodiversity Sec. 401. Protecting tropical forests. Sec. 402. Public-private partnership to build responsible gold value chains. Sec. 403. Supporting the protected areas of Colombia. TITLE V—Addressing humanitarian needs Sec. 501. Colombia Relief and Development Coherence Strategy. Sec. 502. Senior Humanitarian Coordinator. Sec. 503. Support for establishment of assisted voluntary return and reintegration programming. Sec. 504. Assessment of healthcare infrastructure needs in rural areas. Sec. 505. Strategy for refugee resettlement in the Western Hemisphere. TITLE VI—Global issues Sec. 601. Authorities related to counternarcotics. Sec. 602. Ensuring the integrity of communications cooperation. 2. Findings Congress makes the following findings: (1) On June 19, 2022, the United States and Colombia will celebrate 200 years of formal diplomatic relations, commemorating the United States Congress’ recognition of the independence of Colombia. (2) On May 15, 2022, the United States and Colombia will celebrate 10 years since the entry into force of the United States-Colombia Trade Promotion Agreement, which has contributed to economic growth in both the United States and Colombia. (3) On July 13, 2000, the United States and Colombia launched Plan Colombia, an ambitious bilateral strategy that strengthened Colombia’s institutions and capacity to combat drug trafficking, organized crime, and violence, and promote rule of law. (4) On February 4, 2016, the United States and Colombia launched a new chapter in bilateral security cooperation between the two countries through the announcement of Peace Colombia, the successor strategy to Plan Colombia aimed at supporting Colombia’s consolidation of peace, democratic governance, and security. (5) To implement Plan Colombia and its successor strategies, the United States Congress has appropriated more than $12,000,000,000 since 2000. The Government of Colombia has contributed more than 90 percent of the total costs of the implementation of Plan Colombia. (6) Increased military and security cooperation through Plan Colombia and Peace Colombia has helped Colombia expand and professionalize its police and armed forces. (7) The United States and Colombia have entered into formal partnerships with governments throughout Latin America and the Caribbean to bolster hemispheric security cooperation through the United States-Colombia Action Plan on Regional Security Cooperation (USCAP). (8) In May 2017, Colombia became the first Latin American partner of the North Atlantic Treaty Organization. (9) Colombia is the second most biodiverse country on Earth and is home to 10 percent of the world’s flora and fauna. (10) Colombia hosts more than 1,800,000 refugees from Venezuela. In addition, Colombia has a population of 8,100,000 registered victims of internal displacement since 1985. (11) Colombia is the United States third-largest trade partner in Latin America, with United States goods and services trade with Colombia totaling an estimated $40,700,000,000 in 2019. (12) The Government of Colombia is a strong advocate for democratic governance in Latin America and the Caribbean, publicly condemning ongoing violations of civil liberties and human rights in Cuba, Nicaragua, and Venezuela. (13) The Government of Colombia has been an active participant in global peacekeeping and peacebuilding missions, including the United Nations Stabilization Mission in Haiti (MINUSTAH), the United Nations Integrated Peacebuilding Office in Sierra Leone (UNOSIL), and the Multinational Force and Observers in the Sinai, since 1979. (14) In February 2021, Colombian President Ivan Duque announced he would grant temporary protected status to nearly 1,800,000 Venezuelan refugees in the country. 3. Designation of Colombia as a major non-NATO ally Section 517 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k ) is amended by adding at the end the following new subsection: (c) Additional designations (1) In general Effective on the date of the enactment of the United States-Colombia Strategic Alliance Act of 2022 , Colombia is designated as a major non-NATO ally for purposes of this Act, the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), and section 2350a of title 10, United States Code. (2) Notice of termination of designation The President shall notify Congress in accordance with subsection (a)(2) before terminating the designation of a country specified in paragraph (1). . I Supporting inclusive economic growth 101. Colombian-American Enterprise Fund (a) Designation The President shall designate a private, nonprofit organization (to be known as the Colombian-American Enterprise Fund ) to receive funds and support made available under this section after determining that such organization has been designated for the purposes specified in subsection (b). The President shall make such designation only after consultation with the leadership of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (b) Purposes The purposes are this section are the purposes described in section 1421(g)(3) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g)(3) ). (c) Board of Directors (1) Appointment The Colombian-American Enterprise Fund shall be governed by a Board of Directors pursuant to paragraphs (5) and (6) of section 1421(g) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g) ). (2) United States Government liaison to the Board The President shall appoint the United States Ambassador to Colombia, or the Ambassador’s designee, as a liaison to the Board. The liaison appointed under this paragraph shall not have any voting authority. (3) Nongovernment liaisons to the Board (A) In general Upon the recommendation of the Board of Directors, the President may appoint up to 2 additional liaisons to the Board of Directors in addition to the liaison specified in paragraph (2), of which not more than 1 may be a noncitizen of the United States. A liaison appointed under this subparagraph shall not have any voting authority. (B) NGO community One of the additional liaisons to the Board should be from the nongovernmental organization community, with significant prior experience in development financing and an understanding of development policy priorities for Colombia. (C) Technical expertise One of the additional liaisons to the Board should have extensive demonstrated industry, sector, or technical experience and expertise in a priority investment sector described in subsection (e) for the Colombia-American Enterprise Fund. (d) Grants The President is authorized to use $200,000,000 in funds appropriated by any Act, in this fiscal year or prior fiscal years, making appropriations for the Department of State, foreign operations, and related programs, including funds previously obligated, that are otherwise available for such purposes, notwithstanding any other provision of law— (1) to carry out the purposes set forth in subsection (b) through the Colombian-American Enterprise Fund in accordance with section 1421(g)(4)(A) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g)(4)(A) ); and (2) to pay for the administrative expenses of the Colombian-American Enterprise Fund, in accordance with the limitation under section 1421(g)(4)(B) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g)(4)(B) ). (e) Prioritization In carrying out the purposes of the Colombian-American Enterprise Fund described in subsection (b), the Board of Directors shall not be prohibited from making investments, grants, and expenditures in any economic sector, but shall prioritize such activities in the following sectors: (1) Not less than 35 percent of the investments, grants, and expenditures of the Colombian-American Enterprise Fund shall go to projects and activities of small and medium-sized businesses in Colombia working to close the digital divide, enabling digital transformation, and developing and applying advanced digital technologies, including big data, artificial intelligence, and the Internet of Things. (2) Not less than 50 percent of the investments, grants, and expenditures, of the Colombian-American Enterprise Fund shall go to small and medium-sized businesses owned by women. (3) Small and medium-sized businesses dedicated to advancing the growth, sustainability, modernization, and formalization of Colombia’s agriculture sector. (f) Notification Not later than 15 days before designating an organization to operate as the Colombia-American Enterprise Fund pursuant to subsection (a), the President shall notify the Chairmen and Ranking Members of the appropriate congressional committees of— (1) the identity of the organization to be designated to operate as the Colombian-American Enterprise Fund; (2) the names and qualifications of the individuals who will comprise the initial Board of Directors; and (3) the amount of the grant intended to fund the Colombian-American Enterprise Fund. (g) Briefing Not later than one year after the designation of the Fund, and annually thereafter, the President shall brief the appropriate congressional committees on— (1) a summary of the Fund’s beneficiaries; (2) progress by the Fund in achieving the purposes set forth in subsection (b); (3) recommendations on how the Fund can better achieve the purposes set forth in subsection (b); and (4) the reporting requirements described in subsection (h). (h) Compliance The Colombian-American Enterprise Fund shall be subject to the reporting and oversight requirements described in paragraphs (7) and (8) of section 1421(g) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g) ), respectively. (i) Best practices (1) In general To the maximum extent practicable, the Board of Directors of the Colombian-American Enterprise Fund should adopt the best practices and procedures used by other American Enterprise Funds, including those for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5421 ). (2) Implementation In implementing this section, the President shall ensure that the articles of incorporation of the Colombia-American Enterprise Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund) and the terms of United States Government grant agreements with the Fund are, to the maximum extent practicable, consistent with the articles of incorporation and the terms of grant agreements established for other American Enterprise Funds, including those established pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5421 ) and comparable provisions of law. (j) Return of funds to Treasury Any funds resulting from the liquidation, dissolution, or winding up of the Colombian-American Enterprise Fund, in whole or in part, shall be returned to the Treasury of the United States. (k) Termination The Colombian-American Enterprise Fund shall terminate on— (1) the date that is 10 years after the date of the first expenditure of amounts from the fund; or (2) the date on which the fund is liquidated. 102. Strategy for promoting and strengthening nearshoring in the Western Hemisphere (a) Strategy The Secretary of State, in coordination with the United States Agency for International Development and the United States International Development Finance Corporation, and the heads of all other relevant Federal departments and agencies, shall develop and implement a strategy to increase supply chain resiliency and security by promoting and strengthening nearshoring efforts to relocate supply chains from the People’s Republic of China to the Western Hemisphere. (b) Elements The strategy required under subsection (a) shall— (1) be informed by consultations with— (A) the governments of allies and partners in the Western Hemisphere; and (B) labor organizations, trade unions, and companies and other private sector enterprises in the United States; (2) provide a description of how reshoring and nearshoring initiatives can be pursued in a complementary fashion to strengthen United States national interests; (3) include an assessment of the status and effectiveness of current efforts by regional governments, multilateral development banks, and the private sector to promote nearshoring to the Western Hemisphere, major challenges hindering such efforts, and how the United States can strengthen the effectiveness of such efforts; (4) identify countries within Latin America and the Caribbean with comparative advantages for sourcing and manufacturing critical goods and countries with the greatest nearshoring opportunities; (5) identify how activities by the United States Agency for International Development and the United States International Development Finance Corporation can effectively be leveraged to strengthen and promote nearshoring to Latin America and the Caribbean; (6) advance diplomatic initiatives to secure specific national commitments by governments in Latin America and the Caribbean to undertake efforts to create favorable conditions for nearshoring in the region, including commitments to develop formalized national nearshoring strategies, address corruption and rule of law concerns, modernize digital and physical infrastructure, lower trade barriers, improve ease of doing business, and finance and incentivize nearshoring initiatives; (7) advance diplomatic initiatives to harmonize standards and regulations, expedite customs operations, and facilitate economic integration in the region; and (8) develop and implement programs to finance, incentivize, or otherwise promote nearshoring to the Western Hemisphere in accordance with the findings made pursuant to paragraphs (3), (4), and (5), including, at minimum, programs to develop physical and digital infrastructure, promote transparency in procurement processes, provide technical assistance in implementing national nearshoring strategies, mobilize private investment, and secure commitments by private entities to relocate supply chains from the People’s Republic of China to the Western Hemisphere. (c) Coordination with multilateral development banks In implementing the strategy required under subsection (a), the Secretary of State and the heads of all other relevant Federal departments and agencies shall coordinate with the United States Executive Directors of the Inter-American Development Bank and the World Bank. (d) Prioritization As part of the effort described in this section, the Secretary of State shall prioritize Colombia. (e) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the strategy required under subsection (a) and progress made in its implementation. 103. United States-Colombia Labor Compact (a) Findings Congress makes the following findings: (1) In July 2020, the Government of Colombia, through the Ministry of Labor and the Department of Planning, established a Misión de Empleo to evaluate labor market challenges and make recommendations. The mission made several critical findings, including— (A) the majority of Colombian workers labor under precarious conditions, with few opportunities for upward mobility, low and unstable incomes, incomplete and erratic protections, and limited access to labor justice; (B) the number of labor inspectors in Colombia is 55 percent below recommendations by the International Labor Organization, and the proportion of labor judges to the population is 83 percent below the average of Organization for Economic Cooperation and Development countries; and (C) capacity building is needed to strengthen the Ministry of Labor’s ability to inspect labor conditions and violations and the ability of labor courts to resolve complaints. (b) Compact authority The Secretary of State, in coordination with the Secretary of Labor and the United States Trade Representative, is authorized to enter into a bilateral agreement of not less than 7 years in duration with the Government of Colombia to continue strengthening labor rights and labor policies in the country. The agreement shall be known as the United States-Colombia Labor Compact (referred to in this section as the Compact ). (c) Compact elements The Compact shall establish a multi-year strategy to— (1) address the findings in the 2021 Executive Report of the Misión de Empleo de Colombia; (2) further advance the objectives set forth under the related goals of the 2016 peace accord and the Colombian Action Plan Related to Labor Rights of April 7, 2011 (referred to in this section as the Labor Action Plan ); (3) promote labor formalization in Colombia; (4) protect internationally recognized labor rights, including with respect to freedom of association, elimination of all forms of forced or compulsory labor, prohibitions on child labor, and acceptable work conditions related to hours worked and occupational health and safety; and (5) address and prevent violence against labor organizations and trade unions and prosecute the perpetrators of such violence. (d) Strategy requirements The strategy required under subsection (c) shall— (1) be informed by consultations with labor organizations, trade unions, and companies and other private sector enterprises in the United States and Colombia; (2) be informed by assessments, including assessments by the Department of Labor’s International Labor Affairs Bureau, of the areas in Colombia experiencing the highest incidence of labor rights violations and violence against labor organizations and trade unions; (3) identify clear and measurable goals, objectives, and benchmarks under the Compact to detect, deter, and respond to labor rights violations and violence against labor leaders; (4) set out clear roles, responsibilities, and objectives under the Compact, which shall include a description of policies and financial commitments of the United States Government and the Government of Colombia; (5) provide for the conduct of an impact evaluation not later than 1 year after the conclusion of the negotiations of the Compact and biannually thereafter; and (6) provide for a full accounting of all funds expended under the Compact, which shall include full audit authority for the Office of the Inspector General of the Department of State, the Office of the Inspector General of the United States Agency for International Development, and the Government Accountability Office, as appropriate. (e) Establishment of Task Force The President shall establish an interagency task force to advance, monitor, enforce, and evaluate the negotiation and signing of the Compact (referred to in this section as the Labor Task Force ), which shall consist of— (1) the Secretary of State, who shall serve as the Chair; (2) the Administrator of the United States Agency for International Development; (3) the Secretary of Labor; (4) the United States Trade Representative; and (5) any other Federal officials as may be designated by the President. (f) Activities of the Labor Task Force The Labor Task Force shall— (1) engage with the Government of Colombia to design and implement the Compact; (2) engage in consultation and advocacy with nongovernmental organizations, including labor organizations and trade unions in the United States and Colombia, to advance the purposes of this section; (3) assess efforts by the United States Government and the Government of Colombia to implement the Compact; and (4) establish regular meetings of the Labor Task Force to ensure closer coordination across departments and agencies in the development of policies regarding the Compact. (g) Specific focus The activities described in subsection (f) shall include an in-depth analysis of the impact of the United States-Colombia Trade Promotion Agreement on vulnerable populations, including women and Afro-Colombian, Indigenous, and migrant communities, and recommendations on ways to ensure that those communities are better assisted and protected. (h) Congressional notification Not later than 15 days after entering into a Compact with the Government of Colombia, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Labor, shall submit to the Committee on Foreign Relations of the Senate, the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives— (1) a copy of the proposed Compact; and (2) a copy of any annexes, appendices, or implementation plans related to the Compact. (i) Reports Not later than 1 year after entering into a Compact, and annually during the period in which the Compact is in effect, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes the progress made under the Compact and includes recommendations for strengthening United States implementation of the Compact. 104. Supporting efforts to combat corruption (a) Technical assistance The Secretary of State shall engage with the Government of Colombia for the purpose of developing and implementing a multi-year strategy, including through the provision of technical assistance, to combat corruption and address the misuse of public resources. The Secretary of State shall consult with the Administrator of the United States Agency for International Development and the Secretary of the Treasury in the development of the strategy. (b) Elements The strategy required under subsection (a) shall— (1) assess the scope of public and private sector corruption in Colombia, including specific cases of significant corruption; (2) provide technical assistance for the purposes of combating corruption and increasing transparency in Colombia; (3) develop and implement programming to support investigative journalism, protection of journalists reporting on public and private sector corruption, civil society anti-corruption initiatives; (4) consult and advocate with nongovernmental organizations and the private sector to advance the purposes of this section; and (5) establish regular United States interagency meetings to ensure closer coordination across United States departments and agencies in the development of policies regarding transparency and corruption in Colombia. (c) Briefings Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the strategy required under subsection (a). Not later than 1 year after the briefing on the strategy, and annually thereafter, the Secretary of State shall brief the committees on the implementation of the strategy. 105. Increasing English language proficiency (a) Partnership authorized The Secretary of State and the Administrator of the United States Agency for International Development are authorized to establish a 5-year public-private partnership to support— (1) innovative in-country solutions for improving English language proficiency among primary and secondary school teachers in Colombia; and (2) the creation of English language accelerator courses, including specialized courses in business and technology. (b) Elements In designing and implementing the partnership authorized under subsection (a), the Secretary of State and the Administrator of the United States Agency for International Development shall— (1) complement ongoing efforts by the Ministry of Education of Colombia and other relevant institutions; (2) target teachers from schools in low-income communities and underrepresented communities, including Afro-Colombian and Indigenous communities; and (3) consult with the Government of Colombia, civil society, and academia. (c) Purpose The purpose of the partnership authorized under subsection (a) is to increase English language proficiency among primary and secondary school teachers, enhance teachers’ use of emerging digital technologies for English language learning, and ensure continuity of teacher development, thereby increasing student outcomes and the ability of Colombian youth to access higher education and higher quality livelihoods. (d) Authorization of appropriations There is authorized to be appropriated to the United States Agency for International Development $12,000,000 for each of fiscal years 2023 through 2027 for the creation of the partnership authorized under subsection (a). (e) Monitoring and evaluation framework Not later than 1 year after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a monitoring and evaluation framework that includes objectives and indicators related to the partnership authorized under subsection (a). (f) Assessments of partnership impact Not later than 2 years and 5 years after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a comprehensive assessment on the impact of the partnership authorized under subsection (a) that uses the monitoring and evaluation framework submitted pursuant to subsection (e). (g) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the progress achieved in advancing the partnership authorized under subsection (a). 106. Partnership for STEM education (a) In general The United States Administrator of the United States Agency for International Development shall support Colombia’s Ministry of Education in the development of K–12 STEM curricula, the development of a STEM teacher education and degree program at public schools, and the training of 10,000 new K–12 public school educators, including in underrepresented and Afro-Colombian and Indigenous communities. (b) Coordination In designing and implementing the program required under subsection (a), the Administrator of the United States Agency for International Development shall coordinate with the Chief Executive Officer of the Millennium Challenge Corporation and the Chief Executive Officer of the Peace Corps. (c) Authorization There is authorized to be appropriated to the United States Agency for International Development $10,000,000 for each of fiscal years 2023 through 2027 for the creation of the program authorized under subsection (a). (d) Briefings Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the results of the program required under subsection (a). 107. Supporting women entrepreneurs (a) In general The Secretary of State and the Administrator of the United States Agency for International Development shall design and implement a new program to promote women’s entrepreneurship through initiatives that— (1) promote policies and legislative efforts to reduce barriers to women’s entrepreneurship and women’s ownership of small and medium-sized enterprises; (2) increase access to credit and financing; and (3) provide training and mentorship to women entrepreneurs, including women from Afro-Colombian and Indigenous communities. (b) Coordination In designing and implementing the program required under subsection (a), the Secretary of State and the Administrator of the United States Agency for International Development shall coordinate with the Chief Executive Officer of the United States International Development Finance Corporation. (c) Briefings Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the results of the program required under subsection (a). 108. Supporting women and girls in science and technology (a) In general The Secretary of State shall establish TechWomen and TechGirls programs designed to empower and inspire women and girls from Latin America and the Caribbean to advance careers in science and technology. (b) Participation In carrying out subsection (a), the Secretary of State shall— (1) during the first 5 years of the programs, prioritize the participation of Colombian women and girls; and (2) take steps to include underrepresented women and girls from across Latin America and the Caribbean, including women from low-income and underrepresented communities, including Afro-Colombian and Indigenous communities, in the programs. (c) Authorization of appropriations There is authorized to be appropriated $1,000,000 for fiscal year 2023 to carry out this section. II Advancing peace and democratic governance in Colombia 201. Supporting peace and justice (a) Policy It is the policy of the United States to support peace, justice, and democratic governance in Colombia, including the full and timely implementation of the 2016 peace accord. (b) Evaluation framework (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an evaluation framework that assesses the impact of United States diplomatic engagement and foreign assistance programming in support of the peace process in Colombia. (2) Consultation The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the development of the evaluation framework required under paragraph (1). 202. Advancing integrated rural development (a) Supporting agricultural cooperatives The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United States International Development Finance Corporation, and the Secretary of Commerce, and in consultation with the Chief Executive Officer of the Inter-American Foundation, shall develop and implement programs to support the ability of rural cooperatives in conflict-affected areas of Colombia to bring products into national and international markets by— (1) supporting research; (2) developing new skills; (3) building resilience capacities, including capacity to adapt to the effects of climate change; (4) integrating best practices in sustainable agriculture; (5) promoting standardization and quality control; (6) supporting commercialization; (7) enabling access to financing; and (8) promoting access to markets. (b) Prioritization Programs required under subsection (a) shall prioritize communities seeking to shift away from illicit economies, including such economies related to the trafficking of narcotics, wildlife, minerals and other natural resources, and other goods. (c) Consultation In developing the programs required under subsection (a), the Secretary of State shall consult with representatives of the Government of Colombia, the private sector, human rights, labor, and humanitarian organizations, and underrepresented populations including women, Indigenous populations, and Afro-Colombians. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary of State and the Administrator of the United States Agency for International Development $10,000,000 for each of fiscal years 2023 and 2024 to carry out the programs required under subsection (a). (e) Briefings Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States International Development Finance Corporation shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the progress achieved in advancing the programs required under subsection (a). 203. Empowering Afro-Colombian and Indigenous communities in Colombia (a) In general The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Chief Executive Officer of the United States International Development Finance Corporation, and in consultation with the Chief Executive Officer of the Inter-American Foundation, shall develop and implement initiatives to— (1) support the implementation of the ethnic chapter of Colombia’s 2016 peace accord, which safeguards the rights of the Indigenous and Black populations of Colombia; (2) provide technical assistance and capacity-building support to Afro-Colombian community councils in Colombia; (3) increase the participation of individuals from Afro-Colombian and Indigenous communities in existing bilateral initiatives and in educational and cultural exchange programs of the Department of State and the United States Agency for International Development; and (4) increase access to finance and credit for small and medium-sized businesses owner by Afro-Colombian and Indigenous entrepreneurs. (b) Prioritization During the 5-year period beginning on the date of the enactment of this Act— (1) the Administrator of the United States Agency for International Development shall dedicate not less than 10 percent of the amounts appropriated to the United States Agency for International Development and allocated for Colombia to programs that empower and support Afro-Colombian and Indigenous communities in Colombia; and (2) not less than 50 percent of the funding dedicated under paragraph (1) shall be directly provided to Afro-Colombian and Indigenous-led organizations to implement the programs described in that paragraph. 204. Protecting human rights defenders (a) Authorization of appropriations There are authorized to be appropriated $20,000,000 for each of the fiscal years 2022 through 2026 to provide critical assistance to human rights defenders and anti-corruption activists in Colombia through the Department of State’s Human Rights Defenders Fund. (b) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter through the end of 2024, the Secretary of State, in cooperation with the Administrator of the United States Agency for International Development, shall submit a report to Congress that includes— (1) details regarding Department of State and United States Agency for International Development programs to— (A) support the work of human rights defenders, anti-corruption activists, and other civil society actors in Colombia; and (B) provide assistance when such individuals are under threat, including specific processes by which such individuals can request assistance from United States embassies; (2) detailed information contained in the Country Reports on Human Rights Practices regarding the intimidation of, and attacks against, such individuals and the response of the foreign government; (3) a strategy for any increased engagement and measures of success toward defending human rights defenders and anti-corruption activists; and (4) an accounting of funds used to execute the Human Rights Defender Fund. III Strengthening security cooperation 301. Establishment of United States-Colombia security consultative committee (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall establish a consultative committee to include the Government of Colombia to develop a strategy for jointly strengthening Colombia’s national security and defense institutions, and capacity to carry out operations across the territory of Colombia, including in rural and urban areas, related to— (1) counterterrorism and counterinsurgency; (2) counternarcotics and countering other forms of illicit trafficking; (3) cyber defense and cyber crimes; (4) border and maritime security and air defense; and (5) stabilization. (b) Additional elements The consultative committee shall evaluate existing technologies, equipment, and weapons systems, as well as necessary upgrades to such technologies, equipment, and systems of Colombia’s national security and defense institutions in order to ensure the continued defense of the national sovereignty and national territory of Colombia. (c) Bilateral security and defense cooperation Not later than 180 days after the establishment of the consultative committee required under subsection (a), the Secretary of State, in coordination with the Secretary of Defense, is authorized to enter into consultations with the Government of Colombia to strengthen existing, or establish new, bilateral security and defense cooperation or lines of effort to address capacity-building and resource needs identified by the consultative committee. (d) Briefings (1) Consultative committee Not later than 30 days after the establishment of the United States-Colombia Security Consultative Committee required under subsection (a), and not later than 15 days after any meeting of the Consultative Committee thereafter, the Secretary of State and the Secretary of Defense shall jointly brief any of the appropriate congressional committees on progress made under the committee, pursuant to a request by any one of the appropriate congressional committees. (2) Bilateral security and defense cooperation Not later than 30 days after the completion of any consultations with the Government of Colombia pursuant to subsection (c), the Secretary of State and the Secretary of Defense shall brief the appropriate congressional committees on the implementation of the agreed upon areas of cooperation or lines of effort. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Armed Services of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Armed Services of the House of Representatives. 302. Cooperation on cyber defense and combating cyber crimes (a) Diplomatic engagement The Secretary of State, in coordination with the Attorney General of the United States, shall engage with the Government of Colombia to support and facilitate Colombia’s adoption of improved standards to address cyber crimes, especially such crimes that are state-directed, including— (1) supporting the development of Colombia’s strategies to deter, investigate, and prosecute cyber crime, to protect critical infrastructure, and to promote the use of new technologies, as part of a broader and more coordinated effort to protect the information technology systems and networks of citizens, businesses, and governments; (2) supporting the development of protocols that allow cyber preparedness and ensure protection and resilience to critical infrastructure; (3) supporting the Government of Colombia in the implementation of relevant international conventions, such as the Budapest Convention on Cybercrime, of which Colombia is a party; (4) continuing to develop partnerships among foreign partners, including in Latin America and the Caribbean, responsible for preventing, investigating, and prosecuting such crimes, and the private sector, in order to streamline and improve the procurement of timely information in the context of mutual assistance proceedings; (5) working, in cooperation with like-minded democracies in international organizations, to advance standards for digital governance and promote a secure, reliable, free, and open internet; (6) supporting the adoption of new technologies to enhance the technical capabilities of cyber security agencies in Colombia; and (7) supporting the efforts of the Government of Colombia to build national resilience against foreign disinformation efforts. (b) Digital infrastructure access and security strategy Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall develop and implement a strategy for leveraging United States expertise to share best practices and lessons learned and assist the Government of Colombia. The strategy shall— (1) improve and secure its digital infrastructure, including critical infrastructure; (2) protect technological assets, including data privacy, digital evidence, and electronically store information; (3) advance cyber security to protect against cyber crime and cyber espionage; (4) promote exchanges and technical training programs, including know-how transfer in cyber security and disinformation and misinformation; (5) promote the adoption or development of new technologies to enhance protection against cyber crime and cyber espionage; and (6) promote digital hygiene programs. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary of State for the development and implementation of the strategy required under subsection (b) $3,000,000 for each of fiscal years 2023 through 2025. (d) Semiannual briefing requirement Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 5 years after such date of enactment, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the implementation of the diplomatic engagement described in subsection (a) and the implementation of the strategy described in subsection (b). 303. Classified report on the activities of certain terrorist and criminal groups (a) Finding On November 30, 2021, the United States designated the Revolutionary Armed Forces of Colombia–People’s Army (FARC–EP) and Segunda Marquetalia as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (b) Reports required Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, acting through the Assistant Secretary of State for the Bureau of Intelligence and Research of the Department of State, and in coordination with the Secretary of Defense, the Director of National Intelligence, and the Director of the Central Intelligence Agency, shall submit to the appropriate congressional committees a classified report detailing the activities of the Revolutionary Armed Forces of Colombia-EP, Segunda Marquetalia, the Ejército de Liberación Nacional, Clan del Golfo, and other Colombian organized criminal groups. (c) Elements Each report required by subsection (b) shall include— (1) the name or names of each group covered by the report; (2) a description of each group and the geographic presence of the group; (3) a description of the leadership and structure of each group; (4) the operating modalities and capabilities of each group; (5) the rate of growth and recruitment strategies of each group; and (6) any linkages between such groups and any other countries, including the regime of Nicolás Maduro in Venezuela. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; (2) the Select Committee on Intelligence of the Senate; (3) the Committee on Armed Services of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Permanent Select Committee on Intelligence of the House of Representatives; and (6) the Committee on Armed Services of the House of Representatives. 304. Counternarcotics and rural security strategy (a) In general The Secretary of State shall develop and implement a strategy and related programs to support the Government of Colombia’s efforts to counter narcotics trafficking and transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, environmental crimes, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime, by supporting— (1) the eradication of illicit coca crops and the destruction of laboratories used to produce illicit narcotics; (2) the interdiction of illicit narcotics and other forms of contraband; (3) efforts to disrupt illicit financial networks, including through technical assistance to financial intelligence units, including the enhancement of anti-money laundering and asset forfeiture programs; (4) civilian law enforcement agencies, including support for— (A) the enhancement of management of complex, multi-actor criminal cases; (B) the enhancement of intelligence collection capacity and training on civilian intelligence collection (including safeguards for privacy and basic civil liberties), investigative techniques, forensic analysis, and evidence preservation; and (C) port, airport, and border security officials, agencies, and systems, including— (i) improvements to computer infrastructure and data management systems, secure communications technologies, nonintrusive inspection equipment, and radar and aerial surveillance equipment; and (ii) assistance to canine units; (5) justice sector institutions to enhance efforts to successfully prosecute drug trafficking organizations, transnational criminal organizations, and individuals and entities involved in money laundering and financial crimes related to narcotics trafficking and other illicit economies; (6) the inclusion of human rights in law enforcement training programs; and (7) advancing rural security initiatives, including the protection of community leaders and members of organized civil society who promote the rule of law and democratic governance. (b) Prioritization During the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall dedicate— (1) not less than 10 percent of the amounts appropriated to the International Narcotics Control and Law Enforcement account for Colombia to combating money laundering and financial crimes; and (2) not less than 10 percent of the amounts appropriated to the International Narcotics Control and Law Enforcement account for Colombia to research, innovation initiatives, and new technologies that can be utilized to combat illicit trafficking and all forms of transnational organized crime, as described in subsection (a). (c) Briefings Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the progress achieved in advancing the programs required under subsection (a). 305. Classified report on the malicious activities of state actors in the Andean region (a) Report required Not later than 90 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, acting through the Assistant Secretary of State for the Bureau of Intelligence and Research of the Department of State, and in coordination with the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Director of the Defense Intelligence Agency, shall submit a classified report to the appropriate congressional committees detailing the malicious activities of state actors in the Andean region, including— (1) disinformation, misinformation, and all other information operations; (2) election interference; (3) cyber attacks and aggressions; (4) sales or donations of weapons or military equipment; (5) security cooperation; (6) the direct and indirect supply of technologies, equipment, and weapons to irregular armed actors operating in the Andean region; (7) the provision of technologies, equipment, and weapons systems to the regime of Nicolas Maduro in Venezuela and the implications for the security of countries in the Andean region; and (8) other threats to United States national interests and national security. (b) Establishment of position The Secretary of State shall establish a watcher position in the Andean region as necessary to fulfill the requirements detailed under subsection (a). (c) Annual briefing requirement Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the official designated for the watcher position established pursuant to subsection (b) shall brief the appropriate congressional committees on— (1) the steps that United States embassies in the Andean region have taken to advance the issues described in subsection (a); and (2) the nature and extent of the extra-regional diplomatic, economic, security, defense, and intelligence presence and influence in the Andean region. IV Protecting biodiversity 401. Protecting tropical forests (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the Chief of the Forest Service of the Department of Agriculture, shall develop and implement a joint 3-year strategy, in coordination with the Government of Colombia, which shall be known as the Strategy for Protecting Colombia’s Tropical Forests (referred to in this section as the strategy ), to protect the biodiversity of Colombia and address deforestation. (b) Elements The strategy shall describe how the United States will— (1) empower and fund local communities, especially Indigenous and Afro-Colombian communities, to manage natural resources, address deforestation and forest degradation, and combat illegal activities causing environmental harm in their communities, including drug-trafficking activities and illegal logging, mining, fishing, and wildlife trade; (2) protect social and environmental activists and whistleblowers; (3) strengthen community-based prevention mechanisms and support community-led efforts to address illegal activities related to natural resources, including those activities described in paragraph (1); (4) advance the development of markets to promote alternatives to activities related to drug trafficking and illegally obtained wood, fish, wildlife, or minerals, as appropriate; (5) promote transparency in product sourcing and responsible supply chains; (6) prevent, detect, investigate, and prosecute crimes related to natural resources; (7) promote partnerships with nongovernmental organizations, international organizations, and the private sector; (8) work within the United States interagency process to end the import of illegally or unsustainably sourced wildlife, timber, agricultural commodities, or fish, or illegally sourced gold or other minerals into the United States from Colombia; and (9) consult with civil society to address the drivers of deforestation and forest degradation, and promote the conservation of intact forests. (c) Regional diplomatic coordination The United States shall work with the Government of Colombia, and in cooperation with international organizations, to support the development of partnerships among Latin American and Caribbean officials responsible for preventing, investigating, and prosecuting environmental crimes, and in cooperation with the private sector, to protect the region’s biodiversity and address deforestation and forest degradation. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary of State and the United States Agency for International Development for the development and implementation of the strategy— (1) $5,000,000 for fiscal year 2023; (2) $7,000,000 for fiscal year 2024; and (3) $8,000,000 for fiscal year 2025. (e) Briefings Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the strategy. Not later than one year after the briefing on the strategy, and annually thereafter, the Secretary of State shall brief the committees on the implementation of the strategy. 402. Public-private partnership to build responsible gold value chains (a) Best practices The Administrator of the United States Agency for International Development, in coordination with the Government of Colombia, shall consult with the Government of Switzerland regarding best practices developed through their public-private partnership, the Swiss Better Gold Initiative, which aims to improve transparency and traceability in the international gold trade. (b) In general The Administrator of the United States Agency for International Development shall coordinate with the Government of Colombia to establish a public-private partnership to advance the best practices described in subsection (a), including supporting programming in Colombia that will— (1) support formalization and compliance with appropriate environmental and labor standards in artisanal and small-scale gold mining (ASGM); (2) increase access to financing for ASGM miners committed to taking significant steps to formalize their operations and comply with labor and environmental standards; (3) enhance the traceability and support the establishment of a certification process for ASGM gold; (4) support a public relations campaign to promote responsibly sourced gold; (5) facilitate contact between Colombian vendors of responsibly sourced gold and United States companies; and (6) promote policies and practices in Colombia that are conducive to the formalization of ASGM and improvement of environmental and labor standards in ASGM. (c) Meeting The Secretary of State, the Administrator of the United States Agency for International Development, or the President’s Special Envoy for Climate Change should, without delegation and in coordination with the Government of Colombia, host a meeting with senior representatives of the private sector and international governmental and nongovernmental partners and make commitments to improve due diligence and increase the responsible sourcing of gold. 403. Supporting the protected areas of Colombia The Secretary of State and the Secretary of the Treasury shall instruct United States executive directors of international financial institutions to use the voice, vote, and influence of the United States to establish or contribute to a Conservation Trust Fund to support the conservation and responsible management of protected areas of Colombia. Activities implemented through the Conservation Trust Fund shall include an innovation challenge to enhance conservation of protected areas and increase protections for park rangers, environmental activists, and Afro-Colombian and Indigenous communities. V Addressing humanitarian needs 501. Colombia Relief and Development Coherence Strategy (a) Strategy required The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall develop and implement a strategy, to be known as the Colombia Relief and Development Coherence Strategy , to support Colombia’s responses to the separate but related challenges of assisting internally displaced persons, refugees, vulnerable migrants, and people affected by natural disasters. The strategy shall— (1) be publicly available in English and Spanish; (2) describe concurrent efforts and clarify United States agency responsibilities in Colombia for assisting— (A) asylum seekers; (B) refugees; (C) internally displaced persons; and (D) vulnerable migrants; (3) include a description of the assistance that shall be provided for the populations described in paragraph (2), including— (A) emergency assistance, protection, water, sanitation, hygiene, food, shelter, emergency education, and psychosocial assistance; and (B) integration programs in the education, health, livelihoods, shelter, and social protection sectors; (4) include a description of the technical assistance and capacity-building efforts to be provided for civil society organizations and relevant institutions in Colombia, such as the Victims Unit of the Government of Colombia and relevant government ministries; (5) describe outreach, coordination, and programming with the private sector to support the populations described in paragraph (2); and (6) describe how the Department of State and the United States Agency for International Development will mobilize additional donor contributions towards humanitarian appeals. (b) Description of interagency coordination efforts The strategy developed under subsection (a) shall include a description of how the Department of State will lead interagency coordination efforts in implementing the strategy, including a description of mechanisms to coordinate programming, advocacy, monitoring and evaluation, communications, participation in international fora, and funding announcements. 502. Senior Humanitarian Coordinator (a) Designation Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate a senior officer (to be known as the Senior Humanitarian Coordinator ), selected from among senior officers at the GS–15 level or equivalent, to coordinate Department of State and United States Agency for International Development humanitarian and development programming and policies for asylum seekers, refugees, internally displaced persons, and vulnerable migrants in the Western Hemisphere. (b) Location The Senior Humanitarian Coordinator shall be based in Washington, DC. (c) Supervision The Senior Humanitarian Coordinator shall report to the Assistant Secretary of State for Western Hemisphere Affairs and the Assistant Secretary of State for Population, Refugees, and Migration. (d) Duties The Senior Humanitarian Coordinator shall— (1) ensure that United States assistance and diplomatic engagement with respect to the populations described in subsection (a), through all stages of displacement, is consistent with the strategy described in section 501(a) and similar strategies; and (2) coordinate all of the efforts, activities, and programs related to the strategy described in section 501(a), the interagency coordination required pursuant to section 501(b), and similar efforts across the Western Hemisphere region. 503. Support for establishment of assisted voluntary return and reintegration programming The Secretary of State is authorized to establish and contribute to a regional funding mechanism for Latin America and the Caribbean to support Assisted Voluntary Return and Reintegration programming for stranded migrants, particularly such migrants in Colombia, Panama, and Costa Rica. The programming shall include— (1) providing transportation to migrants’ country of origin; (2) providing increased support to migrants upon return to their country of origin; (3) capacity building for government and civil society to develop protection-sensitive entry and returns processes; (4) boosting migration data collection and analysis; and (5) stemming dangerous irregular migration through the Darien Gap. 504. Assessment of healthcare infrastructure needs in rural areas (a) Assessment The Director of the Centers for Disease Control and Prevention, in coordination with the Department of State, shall conduct an assessment with the Government of Colombia to identify initiatives to strengthen public health infrastructure and increase access to health services in conflict-affected communities in Colombia. The assessment shall include specific recommendations on ways to increase access to healthcare services for survivors of gender-based violence and Afro-Colombian and Indigenous populations. (b) Submission The Director of the Centers for Disease Control and Prevention shall submit the assessment conducted under subsection (a) to the Committee on Foreign Relations and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives. 505. Strategy for refugee resettlement in the Western Hemisphere (a) Resettlement strategy required The Secretary of State shall develop and implement a 4-year refugee resettlement strategy for the Western Hemisphere. (b) Elements The strategy required by subsection (a) shall include— (1) an assessment of legal protections for refugees in refugee-hosting countries; (2) an assessment of refugee integration in the Western Hemisphere; (3) an assessment of United States efforts to promote the resettlement of refugees, as much as possible, to other countries in the Western Hemisphere, to the greatest degree possible; (4) a description of challenges for increasing refugee resettlement rates for refugees from the Western Hemisphere; and (5) a description of how the United States is working with the United Nations High Commissioner for Refugees to increase the identification and referral of refugees in need of resettlement to the United States, including Venezuelans, Nicaraguans, Cubans, and Haitians. (c) Submission The Secretary of State shall submit the strategy required by subsection (a) to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. VI Global issues 601. Authorities related to counternarcotics Subsection (d) of section 481 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291 ) is amended to read as follows: (d) Use of herbicides for aerial eradication (1) Prohibition on herbicides Notwithstanding any other provision of law, none of the amounts authorized for assistance under subsection (a)(4) or any other provision of this Act may be used to purchase an herbicide or chemical agent for aerial eradication programs. (2) Technical assistance The President, with the assistance of appropriate Federal agencies, is authorized to provide technical assistance to foreign governments related to the effective management, operation, and implementation of aerial eradication programs. (3) Monitoring The President shall include in the annual international narcotics control strategy report required under section 489(a) reporting on the impact on the environment and the health of individuals of any technical assistance related to aerial eradication programs. (4) Report upon determination of harm to environment or health If the President determines that any technical assistance related to aerial eradication programs is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, together with such recommendations as the President deems appropriate. . 602. Ensuring the integrity of communications cooperation (a) Determination Notwithstanding any other provision of law, not later than 15 days after any Federal department or agency determines that any communications equipment provided by the United States to a foreign government has been used for unlawful purposes, the President shall provide to the appropriate congressional committees the following notifications: (1) Unclassified notification An unclassified notification that indicates that such an incident occurred and the country in which it occurred. (2) Classified notification A classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner. (b) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; (2) the Select Committee on Intelligence of the Senate; (3) the Committee on Armed Services of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Permanent Select Committee on Intelligence of the House of Representatives; and (6) the Committee on Armed Services of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3805is/xml/BILLS-117s3805is.xml |
117-s-3806 | II 117th CONGRESS 2d Session S. 3806 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Coons (for himself, Mr. Cornyn , Mr. Hickenlooper , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes.
1. Short title This Act may be cited as the Hydrogen for Trucks Act of 2022 . 2. Heavy-duty fuel cell vehicle demonstration program (a) Definitions In this section: (1) Eligible entity The term eligible entity means an entity described in subsection (b)(2). (2) Heavy-duty fuel cell vehicle The term heavy-duty fuel cell vehicle means a vehicle that— (A) has a manufacturer gross vehicle weight rating of more than 26,000 pounds, as determined by the Federal Highway Administration; (B) is not powered or charged by an internal combustion engine; and (C) is propelled solely by an electric motor that draws electricity from— (i) a fuel cell; or (ii) a combination of a fuel cell and a battery. (3) Program The term program means the program established under subsection (b)(1). (4) Secretary The term Secretary means the Secretary of Transportation. (b) Establishment (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. (2) Eligible entities To be eligible to receive a grant under the program, an entity shall be— (A) a private heavy-duty truck fleet owner with high duty cycle operations; (B) an operator with a return to base mode that requires refueling primarily at a single station, including an airport, a delivery warehouse, and a shipping port; (C) an independent owner-operator; (D) a public hydrogen fueling station developer or operator; (E) a Federal, State, or local agency that owns, operates, leases, or otherwise controls a fleet of public vehicles; or (F) a partnership of 1 or more entities described in subparagraphs (A) through (E). (3) Applications (A) In general Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (B) Requirement If an eligible entity desiring a grant under the program intends to use the grant for only 1 of the uses described in subparagraphs (A) and (B) of subsection (d)(1), the eligible entity shall include in the application under subparagraph (A) a description of— (i) if the grant is to be used only for the use described in subparagraph (A) of subsection (d)(1), the availability of not fewer than 1 hydrogen fueling station that can be used by heavy-duty fuel cell vehicles; (ii) if the grant is to be used only for the use described in subparagraph (B) of subsection (d)(1), the availability of not fewer than 10 heavy-duty fuel cell vehicles that— (I) use hydrogen as a fuel source; and (II) will use 1 or more hydrogen fueling stations demonstrated using the grant; and (iii) the means by which the project of the eligible entity will expand the demand for and use of any existing infrastructure. (4) Considerations In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall— (A) take into account whether the eligible entity has the potential to expand the use of hydrogen demonstrated by the eligible entity using the grant to other applications within the region in which the eligible entity operates; and (B) to the maximum extent practicable— (i) select eligible entities operating in different regions of the United States— (I) to demonstrate different types of fleet operations, such as fleet operations with differing local hydrogen supplies, climate conditions, route lengths and geographies, and sizes of vehicles; and (II) to identify any differences in performance demonstrated by the heavy-duty fuel cell vehicles used by the eligible entity that are due to regional characteristics; (ii) select eligible entities that intend to use the grant for both of the uses described in subparagraphs (A) and (B) of subsection (d)(1); and (iii) select projects that will generate the greatest benefit to low-income or disadvantaged communities (including cities, towns, counties, and reasonably isolated and divisible segments of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Priority In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (6) Special consideration In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to— (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share. (c) Goals The goals of the program shall be— (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles. (d) Use of grant funds (1) In general An eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of— (A) not fewer than 10 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) not fewer than 1 hydrogen fueling station for use by heavy-duty fuel cell vehicles. (2) Eligible costs An eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). (B) The costs of operating— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (C) Fuel costs. (D) Overhead costs. (E) The costs of training personnel to ensure safety and best practices during construction, fueling and refueling, maintenance, and upkeep, as applicable, of— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (F) The costs of complying with— (i) the requirements of subsection (g); and (ii) any reporting requirements under subsection (h). (3) Operation (A) In general Except as provided in subparagraph (B), an eligible entity that receives a grant under the program for a use described in subparagraph (A) or (B) of paragraph (1) may determine whether each applicable hydrogen fueling station shall— (i) allow only private access; or (ii) be open to the public. (B) Public hydrogen fueling station developers and operators An eligible entity described in subsection (b)(2)(D) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. (4) Capital costs of vehicles With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of— (A) the amount by which the cost of the heavy-duty fuel cell vehicle exceeds 50 percent of the cost of a comparable gasoline or diesel fueled vehicle; and (B) $500,000. (e) Amount of a grant The amount of a grant provided by the Secretary under the program shall be not more than $20,000,000. (f) Cost sharing The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (g) Leak detection Each eligible entity that receives a grant under the program shall conduct— (1) a hydrogen leakage monitoring, reporting, and verification (also known as MRV ) program; and (2) a hydrogen leak detection and repair (also known as LDAR ) program. (h) Reporting (1) In general An eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. (2) Requirement The operational data required by the Secretary under paragraph (1) shall include, at a minimum, data relating to— (A) operational expenses; (B) fuel use; and (C) reliability. (3) System The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $200,000,000 for the period of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s3806is/xml/BILLS-117s3806is.xml |
117-s-3807 | II 117th CONGRESS 2d Session S. 3807 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Lee (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To address the supply chain backlog in the freight network at United States ports, and for other purposes.
1. Short title This Act may be cited as the Stopping Hindrances to Invigorate Ports and Increase Trade Act or the SHIP IT Act . 2. Sense of Congress It is the sense of Congress that the unprecedented supply chain backlog in the freight network of the United States is a national crisis that warrants congressional authorization of short-term Federal emergency actions to ameliorate that crisis. 3. Addressing supply chain crisis in United States (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Motor Carrier Safety Administration. (2) Commercial motor vehicle; driver; motor carrier The terms commercial motor vehicle , driver , and motor carrier have the meanings given those terms in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation). (3) Direct assistance to a United States port (A) In general The term direct assistance to a United States port means the transportation of cargo directly to or from a United States port. (B) Exclusions The term direct assistance to a United States port does not include— (i) the transportation of a mixed load of cargo that includes— (I) cargo that does not originate from a United States port; or (II) a container or cargo that is not bound for a United States port; (ii) any period during which a motor carrier or driver is operating in interstate commerce to transport cargo or provide services not in support of transportation to or from a United States port; or (iii) the period after a motor carrier dispatches the applicable driver or commercial motor vehicle of the motor carrier to another location to begin operation in interstate commerce in a manner that is not in support of transportation to or from a United States port. (4) Qualified applicant The term qualified applicant means a person that— (A) submits to the appropriate official an application for a waiver under this section; and (B) in the determination of that official, is eligible, in accordance with this section, to receive the waiver. (5) Temporary waiver The term temporary waiver means a waiver that expires on the date that is 1 year after the date of enactment of this Act. (b) FMCSA temporary waivers (1) Temporary waiver of certain requirements (A) In general Not later than 7 days after the date of enactment of this Act, the Administrator shall issue to each qualified applicant a temporary waiver that, subject to paragraph (3), waives the requirements of parts 390 through 399 of title 49, Code of Federal Regulations (or successor regulations), with respect to commercial motor vehicle operations that are providing direct assistance to a United States port. (B) Eligibility An applicant is eligible for a temporary waiver under subparagraph (A) if the applicant is a motor carrier or driver that provides direct assistance to a United States port. (2) Temporary waiver of minimum age requirement (A) In general Not later than 2 days after the date of enactment of this Act, the Administrator shall issue to each qualified applicant a temporary waiver from the requirement of section 391.11(b)(1) of title 49, Code of Federal Regulations (or a successor regulation), for drivers that are at least 18 years old, subject to paragraph (3). (B) Eligibility An applicant is eligible for a temporary waiver under subparagraph (A) if the applicant— (i) is providing direct assistance to a United States port; or (ii) is directly assuming the commercial motor vehicle operations of a driver who has been rerouted to a United States port to provide direct assistance to a United States port. (3) Requirements A temporary waiver under paragraph (1) or (2) shall not exempt any motor carrier or driver from— (A) the hazardous materials regulations described in subchapters A through C of chapter I of subtitle B of title 49, Code of Federal Regulations (or successor regulations); (B) the controlled substances and alcohol use and testing requirements described in part 382 of that title (or successor regulations); (C) except as provided in paragraph (2), the commercial driver’s license requirements described in part 383 of that title (or successor regulations); (D) the financial responsibility (including insurance) requirements described in part 387 of that title (or successor regulations); (E) the requirement that every commercial motor vehicle shall be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which the commercial motor vehicle is being operated, including any applicable speed limits and other traffic restrictions, as described in the first sentence of section 392.2 of that title (or a successor regulation); (F) the prohibition against operating a commercial motor vehicle while the ability of the driver is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause as to make it unsafe for the driver to begin or continue to operate the commercial motor vehicle, as described in section 392.3 of that title (or a successor regulation); (G) the prohibition against texting while driving described in section 392.80 of that title (or a successor regulation); (H) the prohibition against using a hand-held mobile telephone while driving described in section 392.82 of that title (or a successor regulation); or (I) any applicable size or weight requirement. (4) Driver fatigue and safety (A) In general A motor carrier receiving a temporary waiver under paragraph (1) or (2) shall not allow or require a fatigued driver to operate a commercial motor vehicle. (B) Requirement For the period during which a temporary waiver under paragraph (1) or (2) is in effect, a motor carrier described in subparagraph (A) that receives from a driver notification that the driver is in need of immediate rest shall immediately provide the driver with not less than 10 consecutive hours of off-duty time before the driver is required to return to service. (c) Transportation Worker Identification Credentials The Administrator of the Transportation Security Administration and the Commandant of the Coast Guard shall jointly prioritize and expedite the consideration of applications for a Transportation Worker Identification Credential with respect to applicants, including commercial drivers operating under a temporary waiver issued under subsection (b)(2), that reasonably demonstrate that the purpose of the Transportation Worker Identification Credential is for providing, within the interior of the United States, direct assistance to a United States port. (d) Temporary waiver of Jones Act requirements for certain vessels transporting cargo (1) Authority (A) Certificate of coastwise endorsement Notwithstanding section 12112 of title 46, United States Code, and any other requirement under chapter 121 of that title, the Secretary of the department in which the Coast Guard is operating (referred to in this subsection as the Secretary ) may issue a certificate of documentation with a coastwise endorsement under that chapter in accordance with this subsection for a vessel, without regard to whether the vessel meets the requirements of section 12112 of that title, in any case in which the person requesting the certificate reasonably demonstrates the endorsement (or the resulting exemption under subparagraph (B)) is for the purpose of— (i) transporting cargo from a United States port to another United States port in order to relieve any congestion, backlog, or delay at such a port; or (ii) engaging in operations that entail a ship-to-ship transfer of cargo from a vessel anchored or located off the coast of the United States to another vessel that transports the cargo to a United States port (commonly known as lightering operations ). (B) Exemption of additional requirements Notwithstanding section 55102 of title 46, United States Code, during the period beginning on the date of enactment of this Act and ending on the expiration date described in paragraph (3), that section shall not apply to any vessel that has been issued a certificate of documentation with a coastwise endorsement under subparagraph (A). (2) Timing (A) In general Not later than 48 hours after receiving a request for a certificate of documentation with a coastwise endorsement under paragraph (1)(A), the Secretary shall, as applicable— (i) issue the certificate with the endorsement; or (ii) (I) provide to the person requesting the certificate a detailed description of the reasons for denying the certificate; and (II) publish the denial and description of reasons on the website of the department in which the Coast Guard is operating. (B) Automatic issuance In any case in which the Secretary fails to comply with subparagraph (A), a certificate of documentation with a coastwise endorsement for the applicable vessel shall be deemed to be issued under paragraph (1)(A). (3) Expiration The authority under this subsection, including any certificate of coastwise endorsement authorized under this section, shall expire on the date that is 1 year after the date of enactment of this Act. (e) Container overflow storage (1) In general Not later than 14 days after the date of enactment of this Act, the Secretary of Agriculture, the Secretary of Defense, the Secretary of the Interior, the Secretary of Transportation, and the Administrator of General Services shall jointly consult with representatives of ocean carriers, ports, railroads, and trucking companies— (A) to identify plots of Federal land under the jurisdiction of the Secretary of Agriculture, the Secretary of Defense, the Secretary of the Interior, the Secretary of Transportation, or the Administrator of General Services that— (i) are located within a 150 air-mile radius of a United States port; and (ii) could temporarily be used as an overflow area for the storage and transfer of empty cargo containers in order to ease the congestion and backlog at United States ports; and (B) to designate not fewer than 2 plots of Federal land identified under subparagraph (A) for the use described in clause (ii) of that subparagraph, subject to the conditions that— (i) each specific plot so designated shall be not more than 500 acres; (ii) the stacking of containers shall be permitted at each specific plot so designated for a period of not more than 1 year beginning on the date on which the designation of the plot is published in the Federal Register under paragraph (2); and (iii) containers shall not be stacked more than 6 high at any plot so designated. (2) Publication in Federal Register Each designation of a plot of Federal land under paragraph (1)(B) shall be published in the Federal Register. (3) Categorical exclusion The designation of a plot of Federal land under paragraph (1)(B) shall be categorically excluded from the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the condition that, prior to the designation of the plot, the applicable official described in paragraph (1)(A) having jurisdiction over the plot shall— (A) carefully consider the circumstances of the designation; and (B) determine that no extraordinary circumstances warranting the preparation of an environmental assessment or an environmental impact statement exist. (4) Treatment A plot of Federal land designated under paragraph (1)(B) shall not, based on that designation, be considered to be a facility (as defined in section 70101 of title 46, United States Code) or a security zone (as defined in section 70131 of that title) for purposes of— (A) chapter 701 of subtitle VII of that title; or (B) the Maritime Transportation Security Act of 2002 ( Public Law 107–295 ; 116 Stat. 2064) and the amendments made by that Act. (f) Loan of DOD intermodal equipment (1) Definitions In this subsection: (A) Intermodal equipment The term intermodal equipment has the meaning given the term in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation). (B) Secretary The term Secretary means the Secretary of Defense. (2) Inventory of intermodal equipment Not later than 14 days after the date of enactment of this Act, the Secretary shall conduct an inventory of intermodal equipment that— (A) is owned by the Department of Defense; (B) is located within the United States; and (C) could be made available for loan to 1 or more trucking companies for the purposes of easing congestion at United States ports. (3) Loan of intermodal equipment (A) Process Not later than 7 days after the date on which the inventory under paragraph (2) is complete, the Secretary shall create a process for a trucking company to submit to the Secretary an application requesting the use of intermodal equipment identified in the inventory. (B) Conditions A loan of intermodal equipment under this subsection shall be subject to the conditions that— (i) the borrowing trucking company shall agree to reimburse the Secretary for any damage caused to the intermodal equipment during the period of the loan; (ii) the use of the intermodal equipment by the trucking company shall be for a period not longer than 180 days; and (iii) the use of intermodal equipment by the borrowing trucking company shall not affect the national security of the United States. (C) Fees (i) In general Subject to clauses (ii) and (iii), the Secretary may charge a reasonable fee for a loan of intermodal equipment under this subsection. (ii) Consultation The Secretary may charge a fee under clause (i) if the Secretary— (I) consults with the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Transportation, and the Administrator of General Services; and (II) determines that charging a fee would be appropriate. (iii) Amount The amount of a fee under clause (i) shall be based on the market rate for similar loans or rentals of intermodal equipment or similar equipment as of January 1, 2020. (iv) Deposit and use Any fee collected by the Secretary under clause (i) shall be— (I) deposited in the general fund of the Treasury; and (II) made available to the Secretary, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Transportation, and the Administrator of General Services for remediation of any Federal land designated under subsection (e)(1)(B). (v) Restrictions A fee collected under clause (i) may not be used— (I) until the designation of the applicable plot of Federal land under subsection (e)(1)(B) has expired; or (II) for any purpose other than the remediation of land designated under subsection (e)(1)(B). (4) Recall of intermodal equipment To protect the national security of the United States, the Secretary may recall any intermodal equipment loaned to a trucking company under this subsection by issuing to the trucking company a notice not later than 72 hours before the time at which the intermodal equipment is required to be returned to the Secretary. 4. Duty-free treatment of chassis imported from countries with collective defense arrangements with United States During the 2-year period beginning on the date of enactment of this Act, a finished or unfinished chassis classified under statistical reporting number 8716.39.0090, 8716.90.5010, or 8716.90.5060 of the Harmonized Tariff Schedule of the United States and imported from a country with which the United States has in effect a collective defense arrangement as of such date of enactment shall enter the United States free of duty. 5. Use of United States inland ports for storage and transfer of cargo (a) Meeting Not later than 90 days after the date of enactment of this Act, the Administrator of the Maritime Administration and the Chairperson of the Federal Maritime Commission, acting jointly, shall convene a meeting of representatives of entities described in subsection (b) to discuss the long-term feasibility of, and strategies for, using land or property under the jurisdiction of United States inland ports for the storage and transfer of cargo containers. (b) Description of entities The entities referred to in subsection (a) are— (1) major gateway ports in the United States; (2) ocean carriers; (3) railroads; (4) trucking companies; and (5) United States inland port authorities. 6. Report on adoption of technology at United States ports Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the adoption of technology at United States ports, as compared to that adoption at foreign ports, including— (1) the technological capabilities of United States ports, including the use of automated technology, as compared to foreign ports; (2) an assessment of whether the adoption of automated technology at United States ports could lower the costs of cargo handling; and (3) an assessment of regulatory and other barriers to the adoption of automated technology at United States ports. 7. Allied partnership and port modernization (a) Dredging Section 55109 of title 46, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsections (b) and (c) ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Dredging by NATO-Affiliated vessels (1) In general A vessel described in paragraph (2) may engage in dredging in the navigable waters of the United States. (2) Description of vessels A vessel referred to in paragraph (1) is a vessel— (A) documented under the laws of a country that is a member of the North Atlantic Treaty Organization; (B) built by— (i) a country that is a member of the North Atlantic Treaty Organization; or (ii) a major non-NATO ally (as defined in section 2350a(i) of title 10); and (C) a majority of the owners and operators of which are entities incorporated in a country that is a member of the North Atlantic Treaty Organization. . (b) Excluding dredged material from transportation requirements (1) In general Section 55110 of title 46, United States Code, is amended— (A) in the section heading, by striking or dredged material and inserting (excluding dredged material) ; and (B) by striking or dredged material and inserting (excluding dredged material) . (2) Conforming amendment The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following: 55110. Transportation of valueless material (excluding dredged material). . | https://www.govinfo.gov/content/pkg/BILLS-117s3807is/xml/BILLS-117s3807is.xml |
117-s-3808 | II 117th CONGRESS 2d Session S. 3808 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize certain leasing on the Outer Continental shelf, and for other purposes.
1. Short title This Act may be cited as the Restoring Offshore Wind Opportunities Act . 2. Leasing on the Outer Continental Shelf (a) Leasing authorized The Secretary of the Interior is authorized to grant leases pursuant to section 8(p)(1)(C) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(1)(C) ) in the areas withdrawn by the Presidential Memorandum entitled Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition (issued September 8, 2020) and the Presidential Memorandum entitled Presidential Determination on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition (issued September 25, 2020). (b) Withdrawals Any Presidential withdrawal of an area of the Outer Continental Shelf from leasing under section 12(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1341(a) ) issued after the date of enactment of this Act shall apply only to leasing authorized under subsections (a) and (i) of section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(a) and 1337(i)), unless otherwise specified. | https://www.govinfo.gov/content/pkg/BILLS-117s3808is/xml/BILLS-117s3808is.xml |
117-s-3809 | II 117th CONGRESS 2d Session S. 3809 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Braun (for himself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Comptroller General of the United States to conduct a study relating to COVID–19 immunity resulting from a prior infection, vaccination, or both, and the COVID–19 pandemic.
1. Short title This Act may be cited as the Apply the Science Act . 2. GAO study on natural immunity in relation to the COVID–19 pandemic (a) Study Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine the following: (1) What is the current scientific understanding of the duration and effectiveness of COVID–19 immunity resulting from a prior infection, vaccination, or both, including any differences across population groups. (2) To what extent does the Centers for Disease Control and Prevention make available, to key stakeholders, the body of work it has assessed to inform its policy decisions related to COVID–19 infection-acquired and vaccine-induced immunity. (3) To what extent do select foreign countries take into account the scientific evidence pertaining to COVID–19 infection-acquired immunity when creating public health regulations or guidance. (4) To what extent can diagnostic tests that measure the immune response be better utilized in a comprehensive COVID–19 response, including in high-risk population groups, and barriers to current use of these diagnostic tests. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the determinations made pursuant to subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3809is/xml/BILLS-117s3809is.xml |
117-s-3810 | II 117th CONGRESS 2d Session S. 3810 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Lee (for himself, Mr. Braun , Mr. Johnson , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Countermeasure Injury Compensation Program with respect to COVID–19 vaccines.
1. Short title This Act may be cited as the Countermeasure Injury Compensation Fund Amendment Act . 2. Amendment to the Countermeasure Injury Compensation Program Section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking under 319F–3(b) and inserting under section 319F–3(b) ; (B) in paragraph (2)— (i) by striking and be in the same amount and all that follows through shall not apply and inserting be in the same amount, and be subject to the same conditions as is prescribed by section 2115 ; (C) by striking paragraphs (3) and (4) and inserting the following: (3) Determination of eligibility and compensation Compensation shall be awarded under this section to eligible individuals in accordance with the procedure set forth in sections 2111, 2112, 2113, and 2121 for purposes of the National Vaccine Injury Compensation Program, subject to the other provisions of this section. ; (D) by inserting before paragraph (5) the following: (4) Time for filing petitions (A) Previously submitted requests (i) Pending claims In the case of a request for compensation submitted under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act for which no compensation has been provided prior to such date of enactment, in order to be eligible for compensation under this section, not later than 28 months after such date of enactment, the individual shall submit a new petition under this section, consistent with the amendments made by the Countermeasure Injury Compensation Fund Amendment Act . (ii) Previously paid claims In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID–19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. (B) Subsequent petitions In the case of a an injury or death resulting from the administration or use of a covered countermeasure to which subparagraph (A) does not apply, a petition for benefits or compensation under this section shall be filed not later than— (i) subject to clause (ii)— (I) in the case of serious physical injury, 3 years after the first symptom or manifestation of onset of a significant aggravation of a covered injury; or (II) in the case of death— (aa) 2 years after death from the administration or use of the covered countermeasure; and (bb) 4 years after the occurrence of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted; and (ii) in the case that a covered countermeasure is added to the table under paragraph (5)(A) and the effect is to permit an individual who was not, before such addition, eligible to seek compensation under this section, such individual may file a petition for such compensation not later than 2 years after the effective date of the addition of such countermeasure. ; (E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: (B) Amendment with respect to COVID–19 vaccines (i) In general Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID–19 vaccines that meet the standard described in subparagraph (A). In amending such table, the Secretary shall consider injuries caused by use of any vaccine that is, or was, the subject of an emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act. (ii) Explanation of certain determinations With respect to any recommendation of the COVID–19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. (C) COVID–19 Vaccine Commission (i) In general There is established a commission to be known as the COVID–19 Vaccine Commission (referred to in this subparagraph as the Commission ) that is tasked with identifying covered injuries related to COVID–19 vaccines, for purposes of recommending to the Secretary injuries for inclusion on the covered countermeasure injury table, as described in subparagraph (B). (ii) Membership (I) In general The Commission shall be composed of the following: (aa) The Secretary, or a designee of the Secretary, to serve as an ex officio member. (bb) The following members, selected, not later than 30 days after the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act , in accordance with subclause (II): (AA) 3 members appointed by the Chair of the Committee on Health, Education, Labor, and Pensions of the Senate. (BB) 3 members appointed by the Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate. (CC) 3 members appointed by the Chair of the Committee on Energy and Commerce of the House of Representatives. (DD) 3 members appointed by the Ranking Member of the Committee on Energy and Commerce of the House of Representatives. (II) Eligibility Members selected to serve on the Commission pursuant to subclause (I)(bb) shall— (aa) be chosen on the basis of their experience, integrity, impartiality, and good judgement; (bb) at the time of appointment, not be elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government; and (cc) at the time of appointment, not be a member of the board or an employee of an entity whose product is under review, or expected to be under review, by the Commission. (III) No compensation Members of the Commission shall not be compensated. (IV) Conflict of interest Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code. (iii) Report No later than one year after the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act , the Commission shall submit to the Secretary and make publicly available a report identifying covered injuries considered for purposes of inclusion on the covered countermeasure injury table pursuant to subparagraph (B), and the vote counts and outcomes for each such injury. (iv) Sunset The Commission established under this subparagraph shall be terminated upon publication of the report under clause (iii). ; (F) by redesignating paragraph (6) as paragraph (7); (G) by inserting after paragraph (5) the following: (6) Electronic filing of petitions The clerk of the United States Court of Federal Claims shall provide an option for the electronic filing of a petition to initiate a proceeding for compensation under this section. ; and (H) in paragraph (7), as so redesignated— (i) by striking sections 262, 263, 264, 265, and 266 and inserting sections 2111, 2112, 2113, 2115, and 2121 ; (ii) in subparagraph (A), by striking terms vaccine and smallpox vaccine and inserting term vaccine ; (iii) by amending subparagraph (B) to read as follows: (B) the term Vaccine Injury Table shall be deemed to mean the table established under paragraph (5)(A); ; (iv) by redesignating subparagraph (C) as subparagraph (F); and (v) by inserting after subparagraph (B) the following: (C) the term factors unrelated to the administration of the vaccine shall be deemed to mean factors unrelated to the administration or use of a covered countermeasure; (D) (i) the terms petition , petition under section 2111 , and petition filed under section 2111 shall be deemed to mean a request for compensation under this section; and (ii) the term petitioner shall be deemed to mean a covered individual, as defined in subsection (e), who makes a request for benefits or compensation under this section; (E) the term vaccine-related injury or death shall be deemed to mean a covered injury, as defined in subsection (e); and ; and (2) in subsection (d)— (A) in paragraph (1), by striking , or if the Secretary fails and all that follows through 319F–3(d) and inserting a period; and (B) in paragraph (5), by striking under subsection (a) the Secretary determines that a covered individual qualifies for compensation and inserting a covered individual is determined under subsection (a) to be eligible for compensation under this section . | https://www.govinfo.gov/content/pkg/BILLS-117s3810is/xml/BILLS-117s3810is.xml |
117-s-3811 | II 117th CONGRESS 2d Session S. 3811 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Scott of Florida (for himself, Ms. Lummis , Mr. Marshall , Mr. Daines , Mr. Cotton , Mr. Boozman , Mrs. Blackburn , Ms. Ernst , Mr. Grassley , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making supplemental appropriations for assistance and activities related to Ukraine, and for other purposes.
1. Short title This Act may be cited as the Ukraine Supplemental Appropriations Act, 2022 . 2. Statement of appropriations The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022. I DEPARTMENT OF AGRICULTURE Foreign agricultural service FOOD FOR PEACE TITLE II GRANTS For an additional amount for Food for Peace Title II Grants , $100,000,000, to remain available until expended. II DEPARTMENT OF COMMERCE Bureau of industry and security OPERATIONS AND ADMINISTRATION For an additional amount for Operations and Administration , $22,100,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses: Provided , That the Bureau of Industry and Security shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act: Provided further , That amounts provided under this heading in this Act may not be used to increase the number of permanent positions: Provided further , That amounts made available under this heading in this Act may be used to appoint such temporary personnel as may be necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service: Provided further , That the Secretary of Commerce is authorized to appoint such temporary personnel, after serving continuously for one year, to positions in the Bureau of Industry and Security in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions and an individual appointed under this provision shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure. DEPARTMENT OF JUSTICE Legal activities SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES For an additional amount for Salaries and Expenses, General Legal Activities , $9,700,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses: Provided , That amounts provided under this heading in this Act may not be used to increase the number of permanent positions. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS For an additional amount for Salaries and Expenses, United States Attorneys , $5,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses: Provided , That amounts provided under this heading in this Act may not be used to increase the number of permanent positions. National security division SALARIES AND EXPENSES For an additional amount for Salaries and Expenses , $1,100,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses: Provided , That amounts provided under this heading in this Act may not be used to increase the number of permanent positions. Federal bureau of investigation SALARIES AND EXPENSES For an additional amount for Salaries and Expenses , $43,600,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. III DEPARTMENT OF DEFENSE MILITARY PERSONNEL Military personnel, army For an additional amount for Military Personnel, Army , $130,377,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Military personnel, navy For an additional amount for Military Personnel, Navy , $11,645,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Military personnel, marine corps For an additional amount for Military Personnel, Marine Corps , $3,079,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Military personnel, air force For an additional amount for ‘‘Military Personnel, Air Force’’, $50,396,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. OPERATION AND MAINTENANCE Operation and maintenance, army For an additional amount for Operation and Maintenance, Army , $1,113,234,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and maintenance, navy For an additional amount for Operation and Maintenance, Navy , $202,797,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and maintenance, marine corps For an additional amount for Operation and Maintenance, Marine Corps , $21,440,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and maintenance, air force For an additional amount for Operation and Maintenance, Air Force , $415,442,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and maintenance, space force For an additional amount for Operation and Maintenance, Space Force , $800,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and maintenance, defense-Wide For an additional amount for Operation and Maintenance, Defense-Wide , $311,583,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. PROCUREMENT Other procurement, air force For an additional amount for Other Procurement, Air Force , $213,693,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Procurement, defense-Wide For an additional amount for Procurement, Defense-Wide , $14,259,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. RESEARCH, DEVELOPMENT, TEST AND EVALUATION Research, development, test and evaluation, navy For an additional amount for Research, Development, Test and Evaluation, Navy , $31,100,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Research, development, test and evaluation, air force For an additional amount for Research, Development, Test and Evaluation, Air Force , $47,500,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Research, development, test and evaluation, defense-Wide For an additional amount for Research, Development, Test and Evaluation, Defense-Wide , $51,745,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. REVOLVING AND MANAGEMENT FUNDS Defense working capital funds For an additional amount for Defense Working Capital Funds , $409,000,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. GENERAL PROVISIONS—THIS TITLE (INCLUDING TRANSFER OF FUNDS) 301. In addition to amounts provided elsewhere in this title, there is appropriated $3,500,000,000, for an additional amount for Operation and Maintenance, Defense-Wide , to remain available until September 30, 2023, which may be transferred to accounts under the headings Operation and Maintenance and Procurement , for replacement of defense articles from the stocks of the Department of Defense, and for reimbursement for defense services of the Department of Defense and military education and training, provided to the Government of Ukraine: Provided , That the Secretary of Defense shall notify the congressional defense committees of the details of such transfers not less than 30 days before any such transfer: Provided further , That the funds transferred pursuant to this section shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back and merged with this appropriation: Provided further , That the transfer authority provided in this section is in addition to any other transfer authority provided by law. 302. The Inspector General of the Department of Defense shall carry out reviews of the activities of the Department of Defense to execute funds appropriated in this Act, including assistance provided to Ukraine: Provided , That the Inspector General shall provide to the congressional defense committees a written report not later than 120 days after the date of enactment of this Act. IV DEPARTMENT OF ENERGY ENERGY PROGRAMS Departmental administration (INCLUDING TRANSFER OF FUNDS) For an additional amount for Departmental Administration , $30,000,000, to remain available until expended, to respond to the situation in Ukraine and for related expenses: Provided , That funds appropriated under this heading in this Act may be transferred to, and merged with, other appropriation accounts of the Department of Energy, to respond to the situation in Ukraine and for related expenses: Provided further , That upon a determination that all or part of the funds transferred pursuant to the authority provided under this heading are not necessary for such purposes, such amounts may be transferred back to this appropriation. V DEPARTMENT OF THE TREASURY Departmental offices SALARIES AND EXPENSES For an additional amount for Salaries and Expenses , $17,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE SALARIES AND EXPENSES For an additional amount for Salaries and Expenses , $25,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Financial crimes enforcement network SALARIES AND EXPENSES For an additional amount for Salaries and Expenses , $19,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. VI DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE Administration of foreign affairs DIPLOMATIC PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For an additional amount for Diplomatic Programs , $125,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine: Provided , That up to $15,000,000 may be transferred to, and merged with, funds available under the heading Emergencies in the Diplomatic and Consular Service : Provided further , That up to $50,000,000 may be transferred to, and merged with, funds available under the heading Capital Investment Fund for cybersecurity and related information technology investments: Provided further , That funds appropriated under this heading in this Act shall be made available, as appropriate, to enhance the capacity of the Department of State to identify the assets of Russian and other oligarchs related to the situation in Ukraine, and to coordinate with the Department of the Treasury in seizing or freezing such assets. OFFICE OF INSPECTOR GENERAL For an additional amount for Office of Inspector General , $4,000,000, to remain available until September 30, 2024. RELATED AGENCY United states agency for global media INTERNATIONAL BROADCASTING OPERATIONS For an additional amount for International Broadcasting Operations , $25,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine, including to enhance the capacity of Radio Free Europe/Radio Liberty, Voice of America, and other United States broadcasting entities and independent grantee organizations. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds appropriated to the president OPERATING EXPENSES For an additional amount for Operating Expenses , $25,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine. OFFICE OF INSPECTOR GENERAL For an additional amount for Office of Inspector General , $4,000,000, to remain available until September 30, 2024. BILATERAL ECONOMIC ASSISTANCE Funds appropriated to the president INTERNATIONAL DISASTER ASSISTANCE For an additional amount for International Disaster Assistance , $2,650,000,000, to remain available until expended, to respond to humanitarian needs in Ukraine and in countries impacted by the situation in Ukraine, including the provision of emergency food and shelter, and for assistance for other vulnerable populations and communities. TRANSITION INITIATIVES For an additional amount for Transition Initiatives , $120,000,000, to remain available until expended, for assistance for Ukraine and countries impacted by the situation in Ukraine. ECONOMIC SUPPORT FUND (INCLUDING TRANSFERS OF FUNDS) For an additional amount for Economic Support Fund , $647,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine, including direct financial support: Provided , That funds appropriated under this heading in this Act may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For an additional amount for Assistance for Europe, Eurasia and Central Asia , $1,120,000,000, to remain available until September 30, 2024, for assistance and related programs for Ukraine and other countries identified in section 3 of the FREEDOM Support Act ( 22 U.S.C. 5801 ) and section 3(c) of the Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5402(c) ). Department of state MIGRATION AND REFUGEE ASSISTANCE For an additional amount for Migration and Refugee Assistance , $1,400,000,000, to remain available until expended, to assist refugees from Ukraine and for additional support for other vulnerable populations and communities. INTERNATIONAL SECURITY ASSISTANCE Department of state INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For an additional amount for International Narcotics Control and Law Enforcement , $30,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine. Funds appropriated to the president FOREIGN MILITARY FINANCING PROGRAM For an additional amount for Foreign Military Financing Program , $650,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine. GENERAL PROVISIONS—THIS TITLE (INCLUDING TRANSFERS OF FUNDS) 601. During fiscal year 2022, section 506(a)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a)(1) ) shall be applied by substituting $3,000,000,000 for $100,000,000 . 602. During fiscal year 2022, section 614(a)(4)(A)(ii) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2364 ) shall be applied by substituting $500,000,000 for $250,000,000 and section 614(a)(4)(C) shall be applied by substituting $100,000,000 for $50,000,000 , by substituting $500,000,000 for $250,000,000 , by substituting $750,000,000 for $500,000,000 , and by substituting $1,250,000,000 for $1,000,000,000 . 603. During fiscal year 2022, the President may transfer excess defense articles to Ukraine and to allies and partners in Europe pursuant to section 516 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j ) without regard to the notification requirement in section 516(f)(1) of such Act and the monetary limitation in section 516(g) of such Act: Provided , That not later than 30 days after such a transfer has occurred, the President shall report to the appropriate congressional committees on the items transferred, pursuant to the specifications in section 516(f) of such Act. 604. (a) Funds appropriated by this title under the headings International Disaster Assistance and Migration and Refugee Assistance may be transferred to, and merged with, funds appropriated by this title under such headings to respond to humanitarian needs in Ukraine and in countries impacted by the situation in Ukraine and for other assistance for vulnerable populations and communities. (b) Funds appropriated by this title under the headings Transition Initiatives , Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , and International Narcotics Control and Law Enforcement may be transferred to, and merged with, funds available under such headings and with funds available under the headings Complex Crises Fund and Nonproliferation, Anti-terrorism, Demining and Related Programs for assistance for Ukraine and countries impacted by the situation in Ukraine and to respond to humanitarian needs. (c) Funds appropriated by this title under the heading Economic Support Fund may be transferred to, and merged with, funds available under the heading Diplomatic Programs for activities related to public engagement, messaging, and countering disinformation. (d) The transfer authorities provided by this title are in addition to any other transfer authority provided by law. (e) The exercise of the transfer authorities provided by this title shall be subject to prior consultation with the Committees on Appropriations. (f) Upon a determination that all or part of the funds transferred pursuant to the authorities provided under this title are not necessary for such purposes, such amounts may be transferred back to such appropriations. 605. Funds appropriated by this title under the headings Diplomatic Programs , International Broadcasting Operations , Operating Expenses , International Disaster Assistance , Transition Initiatives , Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , Migration and Refugee Assistance , International Narcotics Control and Law Enforcement and Foreign Military Financing Program may be used to reimburse accounts administered by the Department of State, United States Agency for Global Media, and the United States Agency for International Development for obligations incurred related to the situation in Ukraine and in countries impacted by the situation in Ukraine under such headings prior to the date of enactment of this Act. 606. (a) During fiscal year 2022, direct loans under section 23 of the Arms Export Control Act may be made available for Ukraine and North Atlantic Treaty Organization (NATO) allies, notwithstanding section 23(c)(1) of the Arms Export Control Act, gross obligations for the principal amounts of which shall not exceed $4,000,000,000: Provided , That funds made available under the heading Foreign Military Financing Program in this title and unobligated balances of funds made available under such heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of such loans: Provided further , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 and may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States: Provided further , That the Government of the United States may charge fees for such loans, which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further , That no funds made available by this or any other appropriations Act for this fiscal year or prior fiscal years may be used for payment of any fees associated with such loans: Provided further , That such loans shall be repaid in not more than 12 years, including a grace period of up to one year on repayment of principal: Provided further , That notwithstanding section 23(c)(1) of the Arms Export Control Act, interest for such loans may be charged at a rate determined by the Secretary of State, except that such rate may not be less than the prevailing interest rate on marketable Treasury securities of similar maturity: Provided further , That amounts made available under this subsection for such costs shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. (b) Funds made available under the heading Foreign Military Financing Program in this title and unobligated balances of funds made available under such heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available, notwithstanding the third proviso under such heading, for the costs of loan guarantees under section 24 of the Arms Export Control Act for Ukraine and NATO allies, which are authorized to be provided: Provided , That such funds are available to subsidize gross obligations for the principal amount of commercial loans, and total loan principal, any part of which is to be guaranteed, not to exceed $4,000,000,000: Provided further , That no loan guarantee with respect to any one borrower may exceed 80 percent of the loan principal: Provided further , That any loan guaranteed under this subsection may not be subordinated to another debt contracted by the borrower or to any other claims against the borrower in the case of default: Provided further , That repayment in United States dollars of any loan guaranteed under this subsection shall be required within a period not to exceed 12 years after the loan agreement is signed: Provided further , That the Government of the United States may charge fees for such loan guarantees, as may be determined, notwithstanding section 24 of the Arms Export Control Act, which shall be collected from borrowers or third parties on behalf of such borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further , That amounts made available under this subsection for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. (c) Funds made available pursuant to the authorities of this section shall be subject to prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations. 607. Not later than 30 days after the date of enactment of this Act, the Secretary of State and Administrator of the United States Agency for International Development shall jointly submit a report to the Committees on Appropriations on the proposed uses of funds appropriated by this title: Provided , That the United States Agency for Global Media Chief Executive Officer shall submit a separate report not later than 30 days after the date of enactment of this Act for funds appropriated under the heading International Broadcasting Operations : Provided further , That such reports shall be updated and submitted to the Committees on Appropriations every 60 days thereafter until September 30, 2024, and every 120 days thereafter until all funds have been expended. VII GENERAL PROVISIONS—THIS ACT 701. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 702. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 703. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022. 704. (a) Not later than 90 days after the date of enactment of this Act, the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees and congressional Leadership a report that includes the following: (1) a description of United States Government assistance provided to the security forces of the Government of Ukraine for the purpose of supporting the Ukrainian people as they defend their territorial integrity and sovereignty, and to counter ongoing Russian aggression, including: (A) an assessment of Ukrainian security requirements and capabilities gaps the assistance seeks to fill; and (B) formal requests from the Government of Ukraine for specific defense articles and services as of the date of enactment; (2) a description, to the extent practicable, of other assistance, including lethal assistance, Ukraine has received since December 1, 2021, from foreign governments; (3) a description of United States Government diplomatic efforts to end Russia’s aggression against Ukraine and to restore Ukraine’s sovereignty; (4) a detailed description of United States Government policies aimed at supporting North Atlantic Treaty Organization (NATO) allies and other European partners threatened by the Government of the Russian Federation and its proxies and increased strain from the humanitarian crisis; and (5) a plan to replenish stocks of U.S. origin defense articles transferred by NATO or its member States to Ukraine. (b) The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex, if necessary. (c) Every 90 days after the release of the first report to the appropriate congressional committees, the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees and congressional Leadership a report that includes: (1) a detailed description of defense articles transferred or scheduled to be transferred by the United States to the Government of Ukraine; and (2) a detailed description of U.S. origin defense articles transferred by NATO or its member States under U.S. authorization to the Government of Ukraine during the reporting period. (d) For purposes of this section, the term appropriate congressional committees means the House Committees on Foreign Affairs, Armed Services, and Appropriations and the Senate Committees on Foreign Relations, Armed Services, and Appropriations. 705. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s3811is/xml/BILLS-117s3811is.xml |
117-s-3812 | II 117th CONGRESS 2d Session S. 3812 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide a temporary waiver of countervailing and antidumping duties relating to fertilizer or fertilizer ingredients if an emergency situation impacts the domestic production or supply of merchandise subject to those duties, and for other purposes.
1. Short title This Act may be cited as the Emergency Relief from Duties Act . 2. Emergency waiver of countervailing and antidumping duties relating to fertilizer or fertilizer ingredients (a) Petition Any covered party may petition the Commission to waive countervailing duties or antidumping duties assessed for covered merchandise under title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ), or renew any such waiver, if there is an emergency situation that— (1) limits the production in the United States of that merchandise in a manner that causes economic hardship for users of that merchandise or merchandise made from that merchandise; or (2) would result in a supply and demand disruption that substantially increases the price of that merchandise or merchandise made from that merchandise. (b) Public comment The Commission shall permit the public to submit comments concerning any petition for a waiver or renewal under subsection (a) for a period of not less than 30 days. (c) Final decision on waiver or renewal Not later than 30 days after the close of a public comment period under subsection (b) concerning a petition for a waiver or renewal under subsection (a), the Commission shall issue a final decision concerning that waiver or renewal. (d) Period of waiver Any waiver or renewal under this section shall be for a period of one year. (e) Definitions In this section: (1) Commission The term Commission means the United States International Trade Commission. (2) Covered merchandise The term covered merchandise means any fertilizer or ingredient used to make fertilizer. (3) Covered party The term covered party means any of the following: (A) An interested party, as that term is defined in section 771(9) of the Tariff Act of 1930 ( 19 U.S.C. 1677(9) ), that is a United States person. (B) A coalition or trade association representative of agricultural producers or growers in the United States if those producers or growers utilize covered merchandise subject to countervailing duties or antidumping duties assessed under title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ) or merchandise made from covered merchandise subject to those duties. (4) Emergency situation The term emergency situation includes the following: (A) Acts of God, such as severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, and explosions. (B) War, acts of terrorism, and epidemics. (C) Acts of governmental authorities such as expropriation, condemnation, and changes in laws and regulations. (D) Strikes and labor disputes. (E) Major accidents. | https://www.govinfo.gov/content/pkg/BILLS-117s3812is/xml/BILLS-117s3812is.xml |
117-s-3813 | II 117th CONGRESS 2d Session S. 3813 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Sullivan (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Credit Union Act to exclude extensions of credit made to veterans from the definition of a member business loan.
1. Short title This Act may be cited as the Veterans Member Business Loan Act . 2. Member business loan definition (a) In general Section 107A(c) of the Federal Credit Union Act ( 12 U.S.C. 1757a(c) ) is amended— (1) in paragraph (1)(B)— (A) in clause (iv), by striking or at the end; (B) in clause (v), by striking the period and inserting ; or ; and (C) by adding at the end the following: (vi) made to a veteran; ; (2) in paragraph (2)(B)(ii), by striking and at the end; (3) in paragraph (3), by striking the period and inserting ; and ; and (4) by adding at the end the following: (4) the term veteran has the meaning given the term in section 101 of title 38, United States Code. . (b) Effective date The amendments made by subsection (a) shall take effect 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3813is/xml/BILLS-117s3813is.xml |
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