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117-s-4014 | II 117th CONGRESS 2d Session S. 4014 IN THE SENATE OF THE UNITED STATES April 6, 2022 Ms. Duckworth (for herself, Mr. Cassidy , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Director of the National Science Foundation to award grants to support research on the disruption of regular cognitive processes associated with COVID–19 infection, and for other purposes.
1. Short title This Act may be cited as the Brycen Gray and Ben Price COVID–19 Cognitive Research Act . 2. Definitions In this Act— (1) the term Director means the Director of the National Science Foundation; (2) the term eligible entity means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) or a consortium composed of non-profit organizations and institutions of higher education; and (3) the term National Academies means the National Academies of Sciences, Engineering, and Medicine. 3. Findings Congress makes the following findings: (1) The COVID–19 pandemic has disrupted nearly every aspect of life across the globe. Furthermore, it has produced major disruptions of individual’s physical and mental health, including with respect of children and adolescents. (2) Historical epidemiological perspectives suggest an association between exposure to general respiratory viruses and subsequent disruption of regular cognitive processes. (3) Early research suggests that 1 in 3 individuals diagnosed with a COVID–19 infection experiences a disruption of regular cognitive processes within 6 months of such diagnosis. (4) Research is urgently needed to better understand why disruption in regular cognitive processes occur in patients as a consequence of a COVID–19 infection and how long such disruptions can continue after recovery. (5) The National Science Foundation has a deep history of supporting interdisciplinary, basic research that spans the social, behavioral, and fundamental biological sciences and paves the way for scientific advancements. 4. National Science Foundation research The Director shall award grants to eligible entities, including through the RAPID funding mechanism, on a competitive, merit-reviewed basis to support interdisciplinary research on the disruption of regular cognitive processes associated with both short-term and long-term COVID–19 infections, including with respect to children and adolescents. Such research may include the following: (1) Foundational studies on the effects of cognition, emotion, and neural structure and function relating to any disruption of regular cognitive processes associated with COVID–19 infection. (2) Analysis of findings on the disruption of regular cognitive processes associated with COVID–19 infection, including the development of predictive theoretical frameworks to guide future research. (3) Development of physical and conceptual tools needed to evaluate cognition, emotion, and neural structure and function of the brain as a consequence of a COVID–19 infection, and the potential relevance of such infection to the disruption of regular cognitive processes. (4) Studies on the relevance of psychological and psychosocial factors, including major disruptions of physical health, mental health, and economic stability associated with the COVID–19 pandemic, on the disruption of regular cognitive processes, including an identification and evaluation of such factors. (5) Any other activities the Director determines will support interdisciplinary research and collaboration on the disruption of regular cognitive processes associated with COVID–19 infection, including with respect to children and adolescents. 5. National Academies study on the disruption of cognitive processes associated with COVID–19 infection (a) Study (1) In general Not later than 45 days after the date of enactment of this Act, the Director shall enter into an agreement with the National Academies to study and produce a report on the disruption of cognitive processes associated with COVID–19 infection. The study shall— (A) review the research literature and identify research gaps regarding Federal programs and activities with roles in addressing both short-term and long-term consequences associated with COVID–19 infection; (B) assess the necessity of establishing causal inference approaches into research on the impacts of COVID–19 infection on cognitive processes to determine reverse causation; (C) evaluate and make recommendations regarding the coordination of research and data collection, including with respect to children and adolescents, to identify the disruption of regular cognitive processes associated with COVID–19 infection, including long-term COVID–19; (D) evaluate impacts of COVID–19 infection on populations under-represented in cognitive literature, such as poor, rural, and minority populations; and (E) make recommendations regarding ways to coordinate engagement with researchers and stakeholders from institutions of higher education, industry, public health organizations, State and local governments, local educational agencies, and non-profit organizations to ensure that research, information, and best practices relating to the disruption of regular cognitive processes associated with COVID–19 infection, including long-term COVID–19, are shared among such entities. (2) Completion The study required under paragraph (1) shall be completed by not later than the date that is 16 months after the date of enactment of this Act. (b) Reports (1) By the National Academies Upon completion of the study under subsection (a), the National Academies shall transmit to the Director and Congress a report on such study. (2) By the Director Not later than 3 months after receipt of the report under paragraph (1), the Director shall transmit to Congress a summary of the Director’s plans, if any, to implement the recommendations of the National Academies contained in such report. 6. Authorization of appropriations There is authorized to be appropriated to the Director to carry out this Act $10,000,000 for fiscal year 2023, to remain available through fiscal year 2025, of which $1,000,000 is authorized to carry out the study and produce the reports under section 5. | https://www.govinfo.gov/content/pkg/BILLS-117s4014is/xml/BILLS-117s4014is.xml |
117-s-4015 | II 117th CONGRESS 2d Session S. 4015 IN THE SENATE OF THE UNITED STATES April 6, 2022 Ms. Duckworth (for herself, Mr. Markey , and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services to award grants to eligible entities for creating or enhancing capacity to treat patients with Long COVID through a multidisciplinary approach.
1. Short title This Act may be cited as the Targeting Resources for Equitable Access to Treatment for Long COVID Act or the TREAT Long COVID Act . 2. Grant program to support multidisciplinary Long COVID clinics (a) Establishment of program The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall award grants on a competitive basis to eligible entities for the purpose of creating or enhancing capacity to treat patients with Long COVID (also referred to as post-acute sequelae of COVID–19 and post-COVID conditions) through a multidisciplinary approach. (b) Use of funds An eligible entity receiving a grant under this section shall use the grant, for the purpose described in subsection (a), to— (1) enhance the capacity of one or more existing multidisciplinary Long COVID clinics to serve the Long COVID population; or (2) create one or more multidisciplinary clinics to address the physical and mental health needs of Long COVID patients. (c) Eligible entities To be eligible to receive a grant under this section, an entity shall be a health care provider, Federally qualified health center (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) ), rural health clinic (as defined in such section), urban Indian health center, or State or local public health department, that— (1) (A) operates an existing multidisciplinary Long COVID clinic or other specialized Long COVID program; or (B) demonstrates an intent to create a multidisciplinary Long COVID clinic or other specialized Long COVID program; and (2) submits to the Secretary an application at such time, in such manner, and containing such information and assurances as the Secretary may require. (d) Equitable access In order to ensure equitable access to treatment— (1) no grantee under this section shall deny access to treatment with respect to Long COVID based on insurance coverage, date or method of diagnosis, or previous hospitalization; (2) a grantee under this section shall with respect to Long COVID— (A) offer equity-centered resources, information, and training to safety net health systems; and (B) disseminate best practices and treatment approaches that enhance access to high-quality care to everyone where they live; and (3) treatment for Long COVID shall be included as a COVID–19 treatment, consistent with the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (e) Grant amount The amount of a grant awarded under this section shall not exceed $2,000,000. (f) Grant period The period of a grant under this section shall not exceed 3 years, with an opportunity for renewal. (g) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) submit a plan to engage with medically underserved communities, and with populations disproportionately impacted by COVID–19, in a degree sufficient to advance health care equity in Long COVID treatment and outcomes; (2) demonstrate capacity (or an intent to build capacity) to facilitate patient access to multidisciplinary health care providers with expertise in treating Long COVID symptoms and other complex post-viral conditions, including such providers who are primary and specialty care physicians (such as physiatrists, neurologists, cardiologists, immunologists, and pulmonologists), therapists, nurses, care coordinators, social workers, nutritionists, and behavioral health specialists; and (3) submit a plan to ensure ongoing multidisciplinary continuing education on infection-triggered conditions for— (A) physicians treating Long COVID; and (B) other physicians and health care workers who are not treating Long COVID, but are otherwise serving patients in the community. (h) Reports (1) Annual reports by grantees to Secretary On an annual basis, a recipient of a grant under this section shall— (A) submit to the Secretary, and make publicly available, a report on the activities carried out through the grant; and (B) include quantitative and qualitative evaluations of such activities, including the experience of individuals who received health care through such grant. (2) Annual reports by Secretary to Congress Not later than the last day of each of fiscal years 2023 through 2025, the Secretary shall submit to the Congress, and make publicly available, a report that— (A) summarizes the reports received under paragraph (1); (B) evaluates the effectiveness of grants under this section; and (C) makes recommendations with respect to expanding coverage for clinical care for Long COVID. (i) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2025. | https://www.govinfo.gov/content/pkg/BILLS-117s4015is/xml/BILLS-117s4015is.xml |
117-s-4016 | II 117th CONGRESS 2d Session S. 4016 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Congressional Budget Act of 1974 to set responsible budget targets.
1. Short title This Act may be cited as the Responsible Budget Targets Act of 2022 . 2. Establishing responsible budget targets (a) In general Title IV of the Congressional Budget Act of 1974 ( 2 U.S.C. 651 et seq. ) is amended by adding at the end the following: C Establishing responsible budget targets 441. Definitions In this part: (1) Primary balance factor (A) In general The term primary balance factor — (i) with respect to the first fiscal year that begins not less than 180 days after the date of enactment of this part, means 0.0 percentage point; and (ii) except as provided in subparagraphs (B) and (C), with respect to each fiscal year after the fiscal year described in clause (i), means the sum obtained by adding— (I) the primary balance factor for the previous fiscal year; and (II) (aa) if primary budget authority exceeded revenue for the fiscal year before the previous fiscal year, 0.2 percentage point; and (bb) if revenue exceeded primary budget authority for the fiscal year before the previous fiscal year, −0.2 percentage point. (B) Special rule for first year after primary balance (i) In general For the first fiscal year that begins after the date of a determination that, for a fiscal year beginning after the date of enactment of this part, revenue exceeded primary budget authority, the term primary balance factor means 0.0 percentage point. (ii) Subsequent adjustment After the first fiscal year described in clause (i), the primary balance factor shall be adjusted in accordance with subparagraph (A)(ii). (C) Limit of zero The primary balance factor for a fiscal year may not be less than 0.0 percentage point. (2) Primary budget authority The term primary budget authority means all budget authority except for net interest on the debt. (3) Spending ceiling The term spending ceiling , with respect to a fiscal year, means the maximum amount of primary budget authority for the fiscal year, as determined under section 442. (4) Spending growth factor The term spending growth factor , with respect to a fiscal year, means the difference obtained by subtracting— (A) the primary balance factor for the fiscal year; from (B) the average annual percentage growth in the gross domestic product of the United States during the 5-fiscal-year period before the beginning of the fiscal year before such fiscal year. 442. Establishment of a spending ceiling (a) In general The maximum amount of primary budget authority for a fiscal year shall be the amount of primary budget authority for the previous fiscal year as— (1) increased by the spending growth factor; and (2) modified by any adjustments under section 444 or 445. (b) Exclusion of adjustments from baseline In determining the maximum amount of primary budget authority for a fiscal year, the amount of primary budget authority for the previous fiscal year shall not include any adjustment under paragraph (1) or (3) of section 444 or under section 445(c). (c) Determination (1) For congressional purposes The Director of the Congressional Budget Office shall— (A) include in each report under section 202(e)(1) and revision of such a report an estimate of the amount of the spending ceiling (including factors necessary to produce the estimate) and any adjustments under section 444 for the fiscal year commencing on October 1 of the year during which the Director submits the report; and (B) provide to the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives updates to the estimate of the spending ceiling and adjustments, as appropriate. (2) For executive branch purposes The President shall— (A) include in each budget of the President submitted under section 1105 of title 31, United States Code, an estimate by the Office of Management and Budget of the amount of the spending ceiling and any adjustments under section 444 for the fiscal year commencing on October 1 of the year during which the President submits the budget; and (B) obtain from the Office of Management and Budget updates to the estimate of the spending ceiling and adjustments, as appropriate. 443. Use of ceiling (a) By Congress When considering legislation, the Senate and the House of Representatives shall adhere to the spending ceiling, as determined by the Director of the Congressional Budget Office under section 442(c)(1) (including any adjustments under section 444 or 445(c)). (b) By executive branch When considering proposals with fiscal implications, the President shall adhere to the spending ceiling, as determined by the Director of the Office of Management and Budget under section 442(c)(2) (including any adjustments under sections 444 or 445(c)). 444. Adjusting the spending ceiling When adopting a concurrent resolution on the budget (including a concurrent resolution on the budget described in section 304), Congress may adjust the spending ceiling as determined under section 442(c)(1), and when enacting a supplemental appropriations Act, Congress may adjust the spending ceiling as determined under section 442(c)(2), commensurate with— (1) appropriations for an emergency, as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ); (2) a revision in the estimate of the gross domestic product of the United States for any year to which section 441(4)(B) applies; (3) cyclical variations due to the difference between the actual and potential amount of the gross domestic product of the United States; (4) timing shifts of expenditures or revenues due; or (5) enacted laws that result in a change in revenue. 445. Emergency account adjustments (a) Establishment of emergency account The Director of the Congressional Budget Office and the Director of the Office of Management and Budget shall each maintain an emergency account. (b) Computation (1) In general The amount of the emergency account shall be— (A) increased by the amount of the adjustment made under section 444(1); and (B) decreased by the difference obtained by subtracting the amount of primary budget authority provided for a fiscal year from the adjusted spending ceiling (excluding any adjustment under section 444(1), and including the effect of adjustments under section 445(c)) for that fiscal year. (2) Limit of zero The amount of the emergency account may not be less than $0. (c) Adjustment (1) In general If the amount of the emergency account on the last day of a fiscal year has increased, as compared to the last day of the fiscal year before such fiscal year, the amount of the spending ceiling for the second fiscal year after such fiscal year and each of the ensuing 5 fiscal years shall be reduced by the amount equal to one-sixth of the amount of the increase in the emergency account. (2) Modification of adjustment (A) For congressional purposes When adopting a concurrent resolution on the budget (including a concurrent resolution on the budget described in section 304), Congress may, for purposes of applying the spending ceiling in the Senate and the House of Representatives— (i) reduce the amount of the spending ceiling by the amount of the emergency account over a period shorter than 6 fiscal years; or (ii) in the case of an ongoing emergency, reduce the amount of the spending ceiling by the amount of the emergency account over a period longer than 6 fiscal years. (B) For executive branch purposes When enacting a supplemental appropriations Act, Congress may, for purposes of applying the spending ceiling in the executive branch— (i) reduce the amount of the spending ceiling by the amount of the emergency account over a period shorter than 6 fiscal years; or (ii) in the case of an ongoing emergency, reduce the amount of the spending ceiling by the amount of the emergency account over a period longer than 6 fiscal years. . (b) Conforming amendment The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 428 the following: PART C—Establishing responsible budget targets Sec. 441. Definitions. Sec. 442. Establishment of a spending ceiling. Sec. 443. Use of ceiling. Sec. 444. Adjusting the spending ceiling. Sec. 445. Emergency account adjustments. . | https://www.govinfo.gov/content/pkg/BILLS-117s4016is/xml/BILLS-117s4016is.xml |
117-s-4017 | II 117th CONGRESS 2d Session S. 4017 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mrs. Blackburn (for herself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To designate the United States courthouse located at 111 South Highland Avenue in Jackson, Tennessee, as the James D. Todd United States Courthouse , and for other purposes.
1. James D. Todd United States Courthouse (a) Designation The United States courthouse located at 111 South Highland Avenue in Jackson, Tennessee, shall be known and designated as the James D. Todd United States Courthouse . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the James D. Todd United States Courthouse . | https://www.govinfo.gov/content/pkg/BILLS-117s4017is/xml/BILLS-117s4017is.xml |
117-s-4018 | II 117th CONGRESS 2d Session S. 4018 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Van Hollen (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status.
1. Short title This Act may be cited as the HBCU Research, Innovation, Security, and Excellence Act or the HBCU RISE Act . 2. Findings Congress finds the following: (1) Historically Black colleges and universities hold a unique position in the efforts of the United States to diversify the science, technology, engineering, and mathematics academic and workforce communities. (2) Even though our Nation’s historically Black colleges and universities make up just 3 percent of the colleges and universities in the United States, historically Black colleges and universities graduate 25 percent of African-American students with baccalaureate degrees in the fields of science, technology, engineering, and mathematics. (3) Historically Black colleges and universities are the institution of origin for almost 30 percent of Black graduates of science and engineering doctorate programs. (4) The health of the Department of Defense and the United States research ecosystem relies on high quality researchers from a diverse talent pool. (5) Historically Black colleges and universities have a history of conducting high quality research in unique areas, both providing impactful research outcomes and developing the next generation of the research ecosystem, such as by— (A) conducting high quality research in unique areas that has enriched the Department of Defense research enterprise and the United States research ecosystem; (B) strengthening and diversifying the United States research ecosystem by increasing the number of students who are students of diverse backgrounds from historically Black colleges and universities with undergraduate or graduate degrees in science, technology, engineering, or mathematics; and (C) fueling domestic and international collaborations that led to trailblazing discoveries and innovative technologies. (6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. The amount of funding for 2019 is a marked decrease from fiscal year 2018, when historically Black colleges and universities received $400,000,000 in Federal research and development funding (0.9 percent of the Federal funding to institutions of higher education for such purposes). (7) There are no historically Black colleges and universities designated as very high research activity status, as classified by the Carnegie Classification of Institutions of Higher Education. (8) Meaningfully investing in the research capacity of historically Black colleges and universities is an investment in our Nation’s future and will help meet accelerating science, technology, engineering, and mathematics workforce demands and safeguard the national security interests of the United States. 3. Purpose The purpose of the program established under this Act is to provide additional pathways needed for further increasing capacity at historically Black colleges and universities to achieve very high research activity status. 4. Definitions In this Act: (1) High research activity status The term high research activity status means such status, as classified by the Carnegie Classification of Institutions of Higher Education. (2) Historically black college or university The term historically Black college or university has the meaning given the term part B institution under section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (3) Secretary The term Secretary means the Secretary of Defense. (4) Very high research activity status The term very high research activity status means such status, as classified by the Carnegie Classification of Institutions of Higher Education. (5) Very high research activity status indicators The term very high research activity status indicators means the categories used by the Carnegie Classification of Institutions of Higher Education to delineate which institutions have very high activity status. These include— (A) annual expenditures in science and engineering; (B) per-capita (faculty member) expenditures in science and engineering; (C) annual expenditures in non-science and engineering fields; (D) per-capita (faculty member) expenditures in non-science and engineering fields; (E) doctorates awarded in science, technology, engineering, and mathematics fields; (F) doctorates awarded in social science fields; (G) doctorates awarded in the humanities; (H) doctorates awarded in other fields with a research emphasis; (I) total number of research staff including postdoctoral researchers; (J) other doctorate-holding non-faculty researchers in science and engineering and per-capita (faculty) number of doctorate-level research staff including post-doctoral researchers; and (K) other categories utilized to determine classification. 5. Program to increase capacity toward achieving very high research activity status at historically Black colleges or universities (a) Program The Secretary shall establish and carry out, using funds made available for research activities, a pilot program to increase capacity at high research activity status (R2) historically Black colleges and universities toward achieving very high research activity status (R1) within a decade. In establishing such a pilot program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ). (b) Grants In carrying out the program, the Secretary shall award grants for key areas of scientific research on a competitive, merit-reviewed basis to historically Black colleges or universities that are classified as high research activity status institutions at the time of application for such a grant. (c) Expansion of eligibility The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. (d) Application (1) In general To be eligible to receive a grant under this section, a historically Black college or university described in subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (2) Contents The application described in paragraph (1) shall include, at a minimum, a description of— (A) nascent research capabilities and research areas of interest to the Department of Defense; (B) a plan for increasing the level of research activity toward achieving very high research activity status classification within a decade of the grant award, including measurable milestones such as growth in very high research activity status indicators and other relevant factors; (C) how the institution of higher education will sustain the increased level of research activity beyond the duration of the award; and (D) how the implementation of the proposed plan will be evaluated and assessed. (e) Program components (1) Strategic areas of scientific research In consultation with the Defense Science Board, the Secretary, or the Secretary's designee, shall establish annually a list of key areas of research for which applicants can seek funding. (2) Use of funds An institution that receives a grant under this section shall use the grant funds to support research activities, including— (A) faculty professional development; (B) stipends for undergraduate and graduate students and post-doctoral scholars; (C) laboratory equipment and instrumentation; (D) recruitment and retention of faculty and graduate students; (E) communication and dissemination of products produced during the funding period; (F) construction, modernization, rehabilitation, or retrofitting of facilities for research purposes; and (G) other activities necessary to build capacity in research activity indicator areas. (3) Research assessment The Secretary, in partnership with the institution, shall provide criteria for assessing and evaluating progress related to the very high research activity indicators. (4) Research progress reporting An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (5) Transition eligibility The Secretary may consider creating pathways for new historically Black colleges or universities to enter into the program under this section as participating institutions achieve very high research activity status. (f) Evaluation Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including— (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. (g) Termination The pilot program established under this section shall terminate 10 years after the date on which the Secretary establishes such program. (h) Report to Congress Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program. Such report shall include the following elements: (1) An analysis of the growth in very high research activity status indicators of participating institutions. (2) An evaluation on the effectiveness of the program in bolstering the research capacity of participating institutions. (3) An assessment on how institutions that have achieved very high research activity status plan to sustain that status beyond the duration of the program. (4) An evaluation of the effectiveness of the program to increase diversity of students conducting high quality research in unique areas. (5) Recommendations on further activities and investments necessary to elevate the research status of historically Black colleges and universities. (6) Recommendations on renewal or expansion of the program established under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4018is/xml/BILLS-117s4018is.xml |
117-s-4019 | II 117th CONGRESS 2d Session S. 4019 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Reed introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To protect airline crew members, security screening personnel, and passengers by banning abusive passengers from commercial aircraft flights, and for other purposes.
1. Short title This Act may be cited as the Protection from Abusive Passengers Act . 2. Defined term In this Act, the term abusive passenger means any individual who, on or after the date of the enactment of this Act, engages in behavior that results in— (1) the assessment of a civil penalty for— (A) engaging in conduct prohibited under section 46318 of title 49, United States Code; or (B) tampering with, interfering with, compromising, modifying, or attempting to circumvent any security system, measure, or procedure related to civil aviation security in violation of section 1540.105(a)(1) of title 49, Code of Federal Regulations, if such violation is committed on an aircraft in flight (as defined in section 46501(1) of title 49, United States Code); (2) a conviction for a violation of section 46503 or 46504 of title 49, United States Code; or (3) a conviction for any other Federal offense involving assaults, threats, or intimidation against a crewmember on an aircraft in flight (as defined in section 46501(1) of title 49, United States Code). 3. Referrals The Administrator of the Federal Aviation Administration or the Attorney General shall provide the identity (including the full name, full date of birth, and gender) of all abusive passengers to the Administrator of the Transportation Security Administration. 4. Banned fliers (a) List The Administrator of the Transportation Security Administration shall maintain a list of abusive passengers. (b) Effect of inclusion on list (1) In general Any individual included on the list maintained pursuant to subsection (a) shall be prohibited from boarding any commercial aircraft flight until such individual is removed from such list in accordance with the procedures established by the Administrator pursuant to section 5. (2) Other lists The placement of an individual on the list maintained pursuant to subsection (a) shall not preclude the placement of such individual on other lists maintained by the Federal Government and used by the Administrator of the Transportation Security Administration pursuant to sections 114(h) and 44903(j)(2)(C) of title 49, United States Code, to prohibit such individual from boarding a flight or to take other appropriate action with respect to such individual if the Administrator determines that such individual— (A) poses a risk to the transportation system or national security; (B) poses a risk of air piracy or terrorism; (C) poses a threat to airline or passenger safety; or (D) poses a threat to civil aviation or national security. 5. Policies and procedures for handling abusive passengers Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop, and post on a publicly available website of the Transportation Security Administration, policies and procedures for handling individuals included on the list maintained pursuant to section 4(a), including— (1) the process for receiving and handling referrals received pursuant to section 3; (2) the method by which the list of banned fliers required under section 4(a) will be maintained; (3) specific guidelines and considerations for removing an individual from such list based on the gravity of each offense described in section 2; (4) the procedures for the expeditious removal of the names of individuals who were erroneously included on such list; (5) the circumstances under which certain individuals rightfully included on such list may petition to be removed from such list, including the procedures for appealing a denial of such petition; and (6) the process for providing to any individual who is the subject of a referral under section 3— (A) written notification, not later than 5 days after receiving such referral, including an explanation of the procedures and circumstances referred to in paragraphs (4) and (5); and (B) an opportunity to seek relief under paragraph (4) during the 5-day period beginning on the date on which the individual received the notification referred to in subparagraph (A) to avoid being erroneously included on the list of abusive passengers referred to in section 4(a). 6. Congressional briefing Not later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives regarding the policies and procedures developed pursuant to section 5. 7. Annual report The Administrator of the Transportation Security Administration shall submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that contains nonpersonally identifiable information regarding the composition of the list required under section 4(a), including— (1) the number of individuals included on such list; (2) the age and sex of the individuals included on such list; (3) the underlying offense or offenses of the individuals included on such list; (4) the period of time each individual has been included on such list; (5) the number of individuals rightfully included on such list who have petitioned for removal and the status of such petitions; (6) the number of individuals erroneously included on such list and the time required to remove such individuals from such list; and (7) the number of individuals erroneously included on such list who have been prevented from traveling. 8. Inspector General review Not less frequently than once every 3 years, the Inspector General of the Department of Homeland Security shall review and report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives regarding the administration and maintenance of the list required under sections 4 and 5, including an assessment of any disparities based on race or ethnicity in the treatment of petitions for removal. 9. Ineligibility for Trusted Traveler Programs Except under policies and procedures established by the Secretary of Homeland Security, all abusive passengers shall be permanently ineligible to participate in— (1) the Transportation Security Administration’s PreCheck program; or (2) U.S. Customs and Border Protection’s Global Entry program. 10. Limitation (a) In general The inclusion of a person’s name on a list described in section 4(a) may not be used as the basis for denying any right or privilege under Federal law except for the rights and privileges described in sections 4(b), 5, and 9. (b) Rule of construction Nothing in this section may be construed to limit the dissemination, or bar the consideration, of the facts and circumstances that prompt placement of a person on the list described in section 4(a). 11. Privacy Personally identifiable information used to create the list required under section 4(a)— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, Tribal, or local authority pursuant to any Federal, State, Tribal, or local law requiring public disclosure of information or records. 12. Savings provision Nothing in this Act may be construed to limit the authority of the Transportation Security Administration or of any other Federal agency to undertake measures to protect passengers, flight crew members, or security officers under any other provision of law. | https://www.govinfo.gov/content/pkg/BILLS-117s4019is/xml/BILLS-117s4019is.xml |
117-s-4020 | II 117th CONGRESS 2d Session S. 4020 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Braun (for himself, Mr. Scott of Florida , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To require balanced budgets in concurrent resolutions on the budget, to establish limits on the waiver of budget points of order, and to prevent appropriations in excess of the amount authorized to be appropriated.
1. Short title This Act may be cited as the Fight Inflation Through Balanced Budgets Act . 2. Point of order against budget resolutions that do not include a balanced budget (a) Point of Order It shall not be in order in the Senate to consider a concurrent resolution on the budget that does not reduce the deficit to zero on or before the end of the 9th fiscal year after the budget year. (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds 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). 3. Limits on waiver of budget points of order (a) Definition In this section, the term budget point of order means a point of order under the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621 et seq. ), the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ), the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 931 et seq. ), a concurrent resolution on the budget, or this Act. (b) Prohibition on waiving multiple points of order In the Senate, it shall not be in order to move to waive more than 1 budget point of order with respect to a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report as part of a single motion, including a motion to waive all applicable budget points of order. (c) Prohibition on preemptive waivers In the Senate, it shall not be in order to move to waive or suspend a budget point of order with respect to a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report unless the budget point of order has been specifically raised by a Senator. (d) No waiver It shall not be in order to move to waive or suspend this section. 4. Point of order against appropriations in excess of the amount authorized to be appropriated (a) Point of order (1) In general In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would cause the total amount of funds appropriated for a program, project, or activity to exceed the amount authorized to be appropriated in statute for the program, project, or activity for the fiscal year. For purposes of this paragraph, if there is not an authorization of appropriations in statute for a program, project, or activity for a fiscal year, the amount authorized to be appropriated shall be $0. (2) Point of order sustained If a point of order is made by a Senator against a provision described in paragraph (1), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (b) Form of the point of order A point of order under subsection (a)(1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (c) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subsection (a)(1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (d) Supermajority waiver and appeal In the Senate, this section may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three-fifths of 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 this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4020is/xml/BILLS-117s4020is.xml |
117-s-4021 | II 117th CONGRESS 2d Session S. 4021 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Grassley (for himself and Mr. Graham ) 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 expand the grounds of inadmissibility and deportability for human rights violators.
1. Short title; table of contents (a) Short title This Act may be cited as the Human Rights Violators 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. Human Rights Violators and War Crimes Center. Sec. 3. Grounds of inadmissibility and deportability for persecutors and war criminals. Sec. 4. Inadmissibility and deportability for participation in female genital mutilation. Sec. 5. Statute of limitations for visa, naturalization, and other fraud offenses involving human rights violations. Sec. 6. Visa security and national security fee. Sec. 7. U.S. Citizenship and Immigration Services access to criminal history records. 2. Human Rights Violators and War Crimes Center (a) Establishment The Secretary of Homeland Security shall— (1) establish the Human Rights Violators and War Crimes Center (referred to in this section as the Center ) within U.S. Immigration and Customs Enforcement, Homeland Security Investigations; and (2) appoint a Director from Homeland Security Investigations to head the Center. (b) Duties The Director of the Center (referred to in this section as the Director ) shall— (1) coordinate efforts to prevent the admission of foreign war crimes suspects, persecutors, and human rights abusers into the United States; (2) identify and investigate individuals who have been involved in, or responsible for, the commission of human rights abuses throughout the world and are within the jurisdiction of the United States; (3) support the Office of the Principal Legal Advisor’s litigation of the removal proceedings of aliens implicated in human rights violations or war crimes; (4) coordinate with the Office of the Principal Advisor and Enforcement and Removal Operations to carry out the removal of individuals referred to in paragraphs (2) and (3), to the extent possible; (5) represent U.S. Immigration and Customs Enforcement while working with the National Security Council and other relevant government agencies in the development of programs for the prevention of mass atrocities; (6) conduct and coordinate training with other domestic and international law enforcement agencies on investigative best practices to develop and expand the capability of such agencies to identify, investigate, and prosecute individuals who— (A) engage in genocide, torture, the recruitment and use of child soldiers, war crimes, female genital mutilation, or severe violations of religious freedom; (B) provide material support to terrorists or organizations that engage in genocide, torture, or the recruitment and use of child soldiers; or (C) are human rights violators and engage in immigration fraud; (7) coordinate with other government agencies in the investigation of individuals whose actions should subject them to relevant travel and financial sanctions; (8) collect and integrate information regarding infringement of human rights and war crimes from domestic and international law enforcement agencies and other non-Federal sources; (9) receive and organize information regarding infringement of human rights and war crimes from agencies and sources referred to in paragraph (8); (10) disseminate information regarding the infringement of human rights and war crimes to other Federal agencies, as appropriate, to the extent authorized under relevant United States laws, regulations, directives, and policies; (11) coordinate with the offices of United States Attorneys to develop expertise in, and assist with the investigation and prosecution of, crimes relating to the abuse of human rights and war crimes; and (12) carry out such other duties as the Secretary of Homeland Security may assign to the Director. (c) Coordination with other agencies In carrying out the duties described in subsection (b), the Director shall coordinate with any Federal, State, local, or international law enforcement agencies that the Secretary of Homeland Security, acting through the Director of U.S. Immigration and Customs Enforcement, considers appropriate. 3. Grounds of inadmissibility and deportability for persecutors and war criminals (a) Definitions Section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ) is amended— (1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (10) one who, at any time, has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. . (b) Grounds of inadmissibility Section 212 of such Act ( 8 U.S.C. 1182 ) is amended— (1) in subsection (a)(3)(E)— (A) in the subparagraph header, by striking nazi ; (B) in clause (iii)(II), by striking of any foreign nation ; and (C) by adding at the end the following: (iv) Color of law In this subparagraph and in section 237(a)(4)(D) only, acting under color of law includes acts taken as part of an armed group exercising de facto authority over any territory for any period of time. (v) Persecutors Any alien who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion is inadmissible. (vi) War crimes Any alien who ordered, incited, assisted, or otherwise participated in war crimes (as defined in subsections (c) and (d)(1) (except subparagraph (A)) of section 2441 of title 18, United States Code), including offenders who have been lawfully admitted for permanent residence, offenders who are present in the United States, and offenders who are stateless persons whose habitual residence is in the United States, is inadmissible ; and (2) in subsection (d)(3)(A), by striking and clauses (i) and (ii) of paragraph each place such phrase appears. (c) Grounds of deportability Section 237(a)(4)(D) of such Act ( 8 U.S.C. 237(a)(4)(D) ) is amended— (1) in the subparagraph header, by striking nazi ; and (2) by striking or (iii) and inserting (iii), (v), or (vi). . (d) Voluntary departure Section 240B of such Act ( 8 U.S.C. 1229c ) is amended— (1) in subsection (a)(1), by striking deportable under section 237(a)(2)(A)(iii) or section 237(a)(4)(B) and inserting deportable under paragraph (2)(A)(iii) or (4) of section 237(a), or inadmissible under subparagraph (E) or (G) of section 212(a)(3) ; and (2) in subsection (b)(1)(C), by striking deportable under section 237(a)(2)(A)(iii) or section 237(a)(4) and inserting deportable under paragraph (2)(A)(iii) or (4) of section 237(a), or inadmissible under subparagraph (E) or (G) of section 212(a)(3) . (e) Adjustment of status Section 245(c) of such Act ( 8 U.S.C. 1255(c) ) is amended— (1) in paragraph (6), by striking (B) ; (2) in paragraph (7), by striking or at the end; and (3) in paragraph (8), by striking the period at the end and inserting ; (9) any alien who at any time has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; or (10) any alien who is inadmissible under section 212(a)(3)(E)(vi). . (f) Aiding or assisting certain aliens To enter the United States Section 277 of such Act ( 8 U.S.C. 1327 ) is amended by striking (other than subparagraph (E) thereof) . (g) Applicability The amendments made by subsections (a) through (e) shall apply to offenses committed before, on, or after the date of the enactment of this Act. 4. Inadmissibility and deportability for participation in female genital mutilation (a) Inadmissibility Section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ) is amended by adding at the end the following: (H) Participation in female genital mutilation Any alien who has ordered, incited, solicited, funded, assisted, or otherwise participated in female genital mutilation is inadmissible. . (b) Deportability Section 237(a)(4) of such Act (8 U.S.C. 1227 (a)(4)) is amended by adding at the end the following: (G) Participation in female genital mutilation Any alien who has ordered, incited, solicited, funded, assisted, or otherwise participated in female genital mutilation is deportable. . (c) Savings provision Nothing in the amendments made by this section may be construed to limit the applicability of grounds of inadmissibility or removal to conduct occurring before the date of the enactment of this Act. 5. Statute of limitations for visa, naturalization, and other fraud offenses involving human rights violations (a) Statute of limitations for visa fraud and other offenses Chapter 213 of title 18, United States Code, is amended by adding at the end the following: 3302. Fraud in connection with certain human rights violations (a) In general A person shall be prosecuted, tried, or punished for violation of any provision of section 1001, 1015, 1425, 1546, 1621, or 3291, or for attempt or conspiracy to violate any provision of such sections, if— (1) the fraudulent conduct, misrepresentation, concealment, or fraudulent, fictitious, or false statement concerns the alleged offender’s— (A) participation, at any time, at any place, and regardless of the nationality of the alleged offender or any victim, in a human rights violation; or (B) membership in, service in, or authority over a military, paramilitary, or law enforcement organization that participated in such conduct during any part of any period in which the alleged offender was a member of, served in, or had authority over the organization; and (2) the indictment is found or the information is instituted not later than 20 years after such conduct. (b) Definitions (1) Human rights violation In this section, the term human rights violation means extrajudicial killing, female genital mutilation, genocide, particularly severe violations of religious freedom, persecution, torture, the use or recruitment of child soldiers, or war crimes. (2) Related definitions In paragraph (1)— (A) the term extrajudicial killing means conduct described in section 212(a)(3)(E)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(E)(iii) ); (B) the term female genital mutilation means conduct described in section 116; (C) the term genocide means conduct described in subsections (a), (c), and (e) of section 1091; (D) the term particularly severe violation of religious freedom means conduct described in section 3(13) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6402(13) ); (E) the term persecution means conduct described in section 212(a)(3)(E)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(E)(v) ); (F) the term torture means conduct described in paragraphs (1) and (2) of section 2340; (G) the term use or recruitment of child soldiers means conduct described in subsections (a) and (d) of section 2442; and (H) the term war crimes means conduct described in subsections (c) and (d)(1) of section 2441. . (b) Clerical amendment The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following: 3302. Fraud in connection with certain human rights violations. . (c) Effective date The amendments made by this section shall apply to fraudulent conduct, misrepresentations, concealments, and fraudulent, fictitious, or false statements made or committed on or after the date of the enactment of this Act. 6. Visa security and national security fee (a) In general (1) Authorization The Secretary of Homeland Security is authorized to charge a visa security and national security fee to nonimmigrant visa applicants. (2) Collection The Secretary of State, at the request of, and in coordination with, the Secretary of Homeland Security, is authorized to collect the fee authorized under paragraph (1) simultaneously with the fees authorized under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ; 8 U.S.C. 1351 note) and section 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 ), on behalf of the Secretary of Homeland Security— (A) to conduct pre-adjudication reviews and screenings of visa applications against appropriate criminal, national security, and terrorism databases maintained by the Federal Government; (B) to carry out other support activities authorized under section 428(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 236(e) ); (C) to identify, arrest, and remove terrorists, human rights violators, and national security threats from the United States; and (D) for other purposes. (b) Amount of fee The total amount of fees charged pursuant to subsection (a)(1) shall be sufficient to cover the annual costs to conduct the activities authorized under subsection (a)(2), the activities authorized under section 428(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 236(e) ), and related activities. (c) Deposit of fees Fees collected under subsection (a)(2)— (1) shall be deposited into the Immigration Examinations Fee Account established under section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ) in the Treasury of the United States; and (2) shall remain available until expended for the Secretary of Homeland Security to carry out the activities described in subsection (b). (d) Reimbursement (1) In general The Secretary of Homeland Security shall reimburse expenses incurred by the Secretary of State to collect the fee authorized under subsection (a)(1). (2) Use of reimbursed funds Reimbursements received pursuant to paragraph (1)— (A) shall be deposited into the appropriate Department of State account, as identified by the Secretary of State; and (B) shall remain available until expended to cover expenses described in paragraph (1). (e) Annual report Not later than 1 year after the date of the enactment of this Act, and annually thereafter on or before October 1, the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the House of Representatives , and the Committee on Homeland Security of the House of Representatives that identifies, for the reporting period— (1) the number of aliens denied visas under Homeland Security Investigation’s Visa Security Program; (2) the number of aliens inadmissible to or removed from the United States for violating section 116 of title 18, United States Code (relating to female genital mutilation); and (3) the number of aliens inadmissible to or removed from the United States as terrorists, human rights violators, persecutors, or national security threats. 7. U.S. Citizenship and Immigration Services access to criminal history records (a) In general In addition to any other access to criminal history records authorized for noncriminal justice purposes under the National Criminal History Access and Child Protection Act ( 34 U.S.C. 40311 et seq. ), the Attorney General and the Director of the Federal Bureau of Investigation shall provide the Secretary of Homeland Security, for purposes relating to immigration and naturalization matters, with— (1) direct access to criminal history records without submission of positive identification, including name check access to the Interstate Identification Index System; and (2) access to sealed record information and any other criminal history information on the same terms as are provided to an agency performing a criminal justice or law enforcement purpose. (b) Rule of construction Terms used in subsection (a) shall have the meanings provided under section 213 of the National Criminal History Access and Child Protection Act ( 34 U.S.C. 40312 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4021is/xml/BILLS-117s4021is.xml |
117-s-4022 | II Calendar No. 345 117th CONGRESS 2d Session S. 4022 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Rubio (for himself, Mr. Tillis , Mr. Risch , Mr. Wicker , Mr. Daines , Mr. Cramer , Mr. Braun , Mr. Crapo , Mr. Hoeven , and Mr. Scott of South Carolina ) introduced the following bill; which was read the first time April 7, 2022 Read the second time and placed on the calendar A BILL To codify in statute the CDC title 42 expulsion order, which suspends the right for certain aliens to enter the United States along United States land borders, until February 1, 2025.
1. Extension and codification of title 42 expulsion order issued on October 13, 2020 (a) Findings Congress finds the following: (1) On March 20, 2020, the Director of the Centers for Disease Control and Prevention (CDC), pursuant to sections 362 and 365 of the Public Health Service Act (42 U.S.C. 265 and 268), issued the Order Suspending Introduction of Certain Persons from Countries Where a Communicable Disease Exists (85 Fed. Reg. 16567), which was extended on April 20, 2020, and amended on May 19, 2020. (2) On October 13, 2020, the Director of the CDC, issued a similar order (85 Fed. Reg. 65806), which continued to protect the public health from an increase in the serious danger of the introduction of COVID–19 into the United States through ports of entry. (3) On April 1, 2022, the Director of the CDC announced that the policy implemented through the orders referred to in paragraphs (1) and (2), and commonly known as the title 42 expulsion policy, would be terminated beginning May 23, 2022. (b) Temporary extension of title 42 expulsion policy Notwithstanding the Order Regarding the Right to Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists, issued by the Director of the Centers for Disease Control and Prevention on April 1, 2022, the Secretary of Homeland Security shall ensure that the following policy remains in place until February 1, 2025: (1) Any person not described in paragraph (2) who is traveling through Canada or Mexico and would otherwise be introduced into a congregate setting in a land or coastal port of entry or U.S. Border Patrol station at or near the United States border with Canada or with Mexico may not be placed in a congregate setting in the United States or otherwise admitted into the United States. It is anticipated that the vast majority of such persons will be aliens who are seeking to enter the United States at a port of entry who do not have proper travel documents, aliens whose entry is otherwise contrary to the immigration laws, and aliens who are apprehended at or near the United States border while seeking to unlawfully enter the United States. (2) A person described in this paragraph is— (A) a United States citizen or lawful permanent resident; (B) a member of the United States Armed Forces, including associated personnel, and the spouse and children of such members; or (C) a person from a foreign country who holds valid travel documents and arrives at a designated port of entry, including any person from a foreign country participating in the visa waiver program who is not subject to travel restrictions.
April 7, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4022pcs/xml/BILLS-117s4022pcs.xml |
117-s-4023 | II 117th CONGRESS 2d Session S. 4023 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Warner (for himself and Mr. Coons ) 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 establish Lifelong Learning and Training Account programs.
1. Short title This Act may be cited as the Lifelong Learning and Training Account Act of 2021 . 2. Lifelong Learning and Training Account programs (a) In general Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 530 the following new section: 530A. Lifelong Learning and Training Account programs (a) In general A Lifelong Learning and Training Account program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511. (b) Lifelong Learning and Training Account program For purposes of this section— (1) In general The term Lifelong Learning and Training Account program means a program established and maintained by a State or agency or instrumentality thereof— (A) under which the designated beneficiary of the account or their employer may make contributions to an account which is established for the purpose of meeting the qualified training expenditures of such beneficiary, and (B) which meets the other requirements of this section. (2) Qualified trust Except to the extent provided in regulations, a program shall not be treated as a Lifelong Learning and Training Account program unless such program provides that amounts are held in a qualified trust and such program has received a ruling or determination by the Secretary that such program meets the applicable requirements for a Lifelong Learning and Training Account program. For purposes of the preceding sentence, the term qualified trust means a trust which is created or organized in the United States for the exclusive benefit of designated beneficiaries and with respect to which the requirements of paragraphs (2) and (5) of section 408(a) are met. (3) Requirements (A) In general A program shall not be treated as a Lifelong Learning and Training Account program unless it provides— (i) that contributions may only be made in cash, (ii) separate accounting for each designated beneficiary, (iii) that no interest in the program or any portion thereof may be used as security for a loan, (iv) that no contributions may be made on behalf of a designated beneficiary— (I) in excess of $2,000 during any calendar year, (II) if the total amount in the account of such beneficiary is in excess of $15,000, or (III) during any calendar year which begins after such beneficiary attains 57 years of age, (v) that any distribution shall be made in accordance with the requirements under subparagraphs (B) and (C), and (vi) that required distributions shall be made in accordance with paragraph (6). (B) Method of distribution (i) In general For purposes of any distribution from the account of a designated beneficiary under a Lifelong Learning and Training Account program— (I) the applicable amount of such distribution shall be drawn from amounts transferred to the account of the designated beneficiary pursuant to paragraph (4) and any earnings thereon, and (II) after application of subclause (I), the remainder of such distribution shall be drawn from amounts contributed by the designated beneficiary or their employer and any earnings thereon. (ii) Applicable amount For purposes of clause (i)(I), the applicable amount shall be an amount equal to the lesser of— (I) 50 percent of the amount of the distribution, or (II) the total amount of any available funds in the account of the designated beneficiary which were transferred pursuant to paragraph (4) and any earnings thereon. (iii) Other methods The Secretary may amend, alter, or supplement the distribution requirements under this subparagraph in such manner as the Secretary deems appropriate. (C) Reporting For purposes of any distribution from the account of a designated beneficiary under a Lifelong Learning and Training Account program, the administrator shall provide the beneficiary and the Secretary with such information as the Secretary deems appropriate, including— (i) the amount of such distribution, including the applicable amount of such distribution (as described in subparagraph (B)(ii)), and (ii) whether such distribution was provided— (I) directly to the program described in clauses (i) through (iii) of subsection (e)(5)(A) which provides training to the beneficiary, or (II) to reimburse the beneficiary for any qualified training expenditures incurred by such beneficiary. (4) Matching funds (A) Transfer to beneficiary account (i) In general Out of any moneys in the Treasury not otherwise appropriated, the Secretary shall transfer to the account of any designated beneficiary under a Lifelong Learning and Training Account program an amount equal to any amounts contributed to such account by such beneficiary or their employer which occur during any calendar year which begins after the date on which such beneficiary attains 24 years of age. (ii) Limitation Any amounts transferred by the Secretary to the account of any designated beneficiary pursuant to clause (i) during any calendar year— (I) shall not exceed $1,000, and (II) shall not be subject to the limitation under paragraph (3)(A)(iv)(I). (B) Deposit of matching funds Any amounts required to be transferred to the account of a designated beneficiary under subparagraph (A) shall be transferred by the Secretary as soon as is practicable following any contribution to such account by such beneficiary or their employer. (C) Reduction in matching funds (i) In general For each applicable taxable year, the dollar amount in subparagraph (A)(ii)(I) shall be reduced (but not below zero) by an amount equal to the greater of— (I) an amount which bears the same ratio to such dollar amount as— (aa) the amount (not less than zero) equal to the adjusted gross income of the taxpayer for the applicable taxable year minus $72,000, bears to (bb) $10,000, or (II) an amount which bears the same ratio to such dollar amount as— (aa) the amount (not less than zero) equal to the earned income (as described in section 32(c)(2)) of the designated beneficiary for the applicable taxable year minus $72,000, bears to (bb) $10,000. (ii) Married individuals In the case of a designated beneficiary who is married (within the meaning of section 7703)— (I) if such beneficiary has filed a joint return for the applicable taxable year, each of the dollar amounts under clause (i)(I) shall be doubled for such year, or (II) if such beneficiary has not filed a joint return for the applicable taxable year, the dollar amount in subparagraph (A)(ii)(I) shall be reduced to zero for such year. (iii) Applicable taxable year For purposes of this subparagraph, the term applicable taxable year means the taxable year in which the transfer described in subparagraph (A)(i) is made to the account of the designated beneficiary. (iv) Excess transfers If the total amount of any transfers made to the account of a designated beneficiary pursuant to subparagraph (A)(i) during an applicable taxable year exceeds the dollar amount under subparagraph (A)(ii)(I) (after application of clauses (i) and (ii)) for such taxable year, the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess. (D) Distribution of matching funds (i) In general Any distribution under a Lifelong Learning and Training Account program made from amounts transferred pursuant to this paragraph shall be made by the administrator— (I) directly to the program described in clauses (i) through (iii) of subsection (e)(5)(A) which provides training to the designated beneficiary, or (II) to reimburse the designated beneficiary for any qualified training expenditures incurred by such beneficiary, provided that the beneficiary has provided the administrator with such documentation as is deemed necessary to ensure compliance with clause (ii). (ii) Prohibition No amounts transferred pursuant to this paragraph to any account of a designated beneficiary under a Lifelong Learning and Training Account program may be distributed for any purpose other than for payment or reimbursement of qualified training expenditures. (E) Additional reduction for non-qualified distributions For purposes of any amount of a distribution under a Lifelong Learning and Training Account program which is includible in the gross income of the designated beneficiary, any available funds in the account of such beneficiary which were transferred pursuant to this paragraph (and any earnings thereon) shall also be reduced by such amount. (F) Rescission of matching funds On January 1 of the applicable calendar year, any available funds in the account of such beneficiary which were transferred pursuant to this paragraph (and any earnings thereon) shall be reduced to zero. (5) Investment (A) In general Any contributions or transfers to a Lifelong Learning and Training Account program (and any earnings thereon) shall be invested by the administrator in United States Treasury securities with a maturity date of not greater than 10 years. (B) Secretarial authority The Secretary may prescribe such regulations, rules, or other guidance as may be necessary or appropriate for purposes of applying this paragraph. (6) Required distributions On January 1 of the applicable calendar year, the total amount of available funds in the account of the designated beneficiary which were contributed by the designated beneficiary or their employer (and any earnings thereon) shall be distributed to such beneficiary. (c) Tax treatment (1) In general Except as otherwise provided in this subsection, no amount shall be includible in gross income of— (A) a designated beneficiary under a Lifelong Learning and Training Account program, or (B) an employer of such beneficiary that contributes to such program on behalf of such beneficiary, with respect to any distribution or earnings under such program. (2) Distributions (A) In general Any distribution under a Lifelong Learning and Training Account program shall be includible in the gross income of the distributee in the manner as provided under section 72 to the extent not excluded from gross income under any other provision of this chapter. (B) Distributions for qualified training expenditures (i) In general In the case of any distributions, if such distributions do not exceed the qualified training expenditures of the designated beneficiary, no amount shall be includible in gross income. (ii) Coordination with other credits For purposes of determining the credit allowed under section 25A, no distribution under a Lifelong Learning and Training Account program shall be included as qualified tuition and related expenses under such section. (C) Change in beneficiaries or programs (i) Rollovers Subparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred— (I) to another Lifelong Learning and Training Account program for the benefit of the designated beneficiary, or (II) to the credit of another designated beneficiary under a Lifelong Learning and Training Account program who is a member of the family of the designated beneficiary with respect to which the distribution was made. (ii) Change in designated beneficiaries Any change in the designated beneficiary of an interest in a Lifelong Learning and Training Account program shall not be treated as a distribution for purposes of subparagraph (A) if the new beneficiary is a member of the family of the old beneficiary. (iii) Limitation on certain rollovers Clause (i)(I) shall not apply to any transfer if such transfer occurs within 12 months from the date of a previous transfer to any Lifelong Learning and Training Account program for the benefit of the designated beneficiary. (iv) Matching funds forfeited In the case of any transfer described in clause (i)(II) or any change in the designated beneficiary of an interest in a Lifelong Learning and Training Account program (with the exception of any change due to the death of the old beneficiary), any amounts transferred to the account of the designated beneficiary under subsection (b)(4), and any earnings thereon, shall be reduced (but not below zero) by an amount equal to the total amount transferred to any account of any other beneficiary. (D) Special rule for contributions of refunded amounts In the case of a beneficiary who receives a refund of any qualified training expenditures from any program described in clauses (i) through (iii) of subsection (e)(5)(A), subparagraph (A) shall not apply to that portion of any distribution for the taxable year which is recontributed to a Lifelong Learning and Training Account program of which such individual is a beneficiary, but only to the extent such recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount. (3) Estate tax treatment (A) In general No amount shall be includible in the gross estate of any individual for purposes of chapter 11 by reason of an interest in a Lifelong Learning and Training Account program. (B) Amounts includible in estate of designated beneficiary in certain cases Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. (4) Other gift tax rules For purposes of chapters 12 and 13— (A) Treatment of distributions Except as provided in subparagraph (B), in no event shall a distribution from a Lifelong Learning and Training Account program be treated as a taxable gift. (B) Treatment of designation of new beneficiary The taxes imposed by chapters 12 and 13 shall apply to a transfer by reason of a change in the designated beneficiary under the program (or a rollover to the account of a new beneficiary) unless the new beneficiary is— (i) assigned to the same generation as (or a higher generation than) the old beneficiary (determined in accordance with section 2651), and (ii) a member of the family of the old beneficiary. (5) Additional tax The tax imposed by section 530(d)(4) shall apply to any payment or distribution from a Lifelong Learning and Training Account program in the same manner as such tax applies to a payment or distribution from a Coverdell education savings account. (d) Reports Each officer or employee having control of the Lifelong Learning and Training Account program or their designee shall make such reports regarding such program to the Secretary and to designated beneficiaries with respect to contributions, transfers, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. (e) Other definitions and special rules For purposes of this section— (1) Administrator The term administrator means the entity which established the Lifelong Learning and Training Account program and maintains such program, as described in subsection (b)(1). (2) Applicable calendar year The term applicable calendar year means the calendar year beginning after the date on which a designated beneficiary attained 60 years of age. (3) Designated beneficiary The term designated beneficiary means— (A) the individual designated at the commencement of participation in the Lifelong Learning and Training Account program as the beneficiary of amounts paid (or to be paid) to the program, or (B) in the case of a change in beneficiaries described in subsection (c)(2)(C), the individual who is the new beneficiary. (4) Member of family The term member of the family means an individual— (A) who has attained 25 years of age, and (B) who is, with respect to any designated beneficiary— (i) the spouse of such beneficiary, (ii) an individual who bears a relationship to such beneficiary which is described in subparagraphs (A) through (G) of section 152(d)(2), (iii) the spouse of any individual described in clause (ii), or (iv) any first cousin of such beneficiary. (5) Qualified training expenditures (A) In general The term qualified training expenditures means any expenditures for training which results in the attainment of a recognized postsecondary credential and which is provided through— (i) a program of training services which is listed under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ), (ii) a program which is conducted by an area career and technical education school, a community college, or a labor organization, or (iii) a program which is sponsored and administered by an industry trade association, industry or sector partnership, or labor organization. (B) Related definitions For purposes of subparagraph (A)— (i) Area career and technical education school The term area career and technical education school means such a school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), which participates in a program under that Act ( 20 U.S.C. 2301 et seq. ). (ii) Community college The term community college means an institution which— (I) is a junior or community college as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ), except that the institution need not meet the requirements of paragraph (1) of that section; and (II) participates in a program under title IV of that Act ( 20 U.S.C. 1070 et seq. ). (iii) Industry or sector partnership The term industry or sector partnership has the meaning given such term under section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (iv) Industry trade association The term industry trade association means an organization which— (I) is described in paragraph (3) or (6) of section 501(c) and exempt from taxation under section 501(a); and (II) is representing an industry. (v) Labor organization The term labor organization means a labor organization, within the meaning of the term in section 501(c)(5). (vi) Recognized postsecondary credential The term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. (C) Exclusion The term qualified training expenditures shall not include any amounts paid for meals, lodging, transportation, or other services incidental to any training described in subparagraph (A). (6) Application of Section 514 An interest in a Lifelong Learning and Training Account program shall not be treated as debt for purposes of section 514. (f) Public awareness (1) In general The Secretary shall conduct a public information campaign, utilizing paid advertising, to inform the public of the availability of Lifelong Learning and Training Account programs. (2) Authorization of appropriations (A) In general There is authorized to be appropriated such sums as are necessary to carry out this subsection. (B) Availability Any sums appropriated under the authorization contained in this subsection shall remain available, without fiscal year limitation, until expended. (g) Regulations Notwithstanding any other provision of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section and to prevent abuse of such purposes, including regulations under chapters 11, 12, and 13 of this title. . (b) Conforming amendments (1) Section 135(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking sections 529(c)(3)(B) and 530(d)(2) and inserting sections 529(c)(3)(B), 530(d)(2), and 530A(c)(2)(B) . (2) The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 530 the following new item: Sec. 530A. Lifelong Learning and Training Account programs. . (c) Administration assistance (1) In general The Secretary of the Treasury, or the Secretary's delegate (referred to in this paragraph as the Secretary ), shall make a grant, in such amount as the Secretary determines appropriate, to each State or agency or instrumentality thereof that has established and maintains a Lifelong Learning and Training Account program under section 530A of the Internal Revenue Code of 1986 (as added by subsection (a)), for purposes of administering such program. (2) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection. (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4023is/xml/BILLS-117s4023is.xml |
117-s-4024 | II 117th CONGRESS 2d Session S. 4024 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Toomey (for himself and Mr. Bennet ) 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 extend the exemption from the retirement plan early withdrawal penalty for public safety officers to State and local government corrections employees.
1. Short title This Act may be cited as the State and Local Corrections Officer Retirement Fairness Act of 2022 . 2. Exemption from early withdrawal penalty for certain State and local government corrections employees (a) In general Clause (i) of section 72(t)(10)(B) of the Internal Revenue Code of 1986 is amended by striking or emergency medical services and inserting emergency medical services, or services as a corrections officer or as a forensic security employee providing for the care, custody, and control of forensic patients . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4024is/xml/BILLS-117s4024is.xml |
117-s-4025 | II 117th CONGRESS 2d Session S. 4025 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Kaine (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require additional disclosures with respect to nominees to serve as chiefs of missions, and for other purposes.
1. Short title This Act may be cited as the Ambassador Oversight and Transparency Act . 2. Additional disclosures required with respect to nominees Section 304 of the Foreign Service Act of 1980 ( 22 U.S.C. 3944 ) is amended— (1) in subsection (a)(4), by adding at the end the following: Each such report shall explain the source and the extent of such nominee’s knowledge of the principal language or dialect of the country, region, or institution in which the nominee has been nominated to serve as chief of mission and the manner and extent to which such nominee meets the criteria described in paragraph (1), particularly with respect to the source and extent of such individual’s knowledge and understanding of the history, culture, economics, politics, and interests of the people of such country, region, or institution. ; and (2) in subsection (b)— (A) in paragraph (2)— (i) by striking Each and inserting the following: “(A) In this paragraph— (i) the term bundled contribution has the meaning given such term in section 304(i)(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(i)(8)(A) ); (ii) the term contribution has the meaning given such term in section 301(8) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8) ); and (iii) the term immediate family means— (I) the spouse of the nominee; (II) any child, parent, grandparent, brother, or sister of the nominee; and (III) the spouse of any of the individuals described in subclause (II). (B) Each ; (ii) in subparagraph (B), as redesignated, by striking fourth calendar year and inserting tenth calendar year ; (iii) by striking The report and inserting the following: (C) The report shall include the disclosure of all bundled contributions facilitated by the nominee during the period described in subparagraph (B), in accordance with section 304(i)(8) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(i)(8) ), and ; (iv) by striking The chairman and inserting the following: (D) The chairman ; (v) in subparagraph (D), as redesignated, by adding at the end the following: The Secretary of State shall publish each such report and each Certificate of Competency issued pursuant to subsection (a)(4)(A) on a publicly available website of the Department of State. ; and (vi) by striking As used in this paragraph and all that follows; and (B) by adding at the end the following: (3) The President shall certify to the Committee on Foreign Relations of the Senate that any contributions made by each individual nominated to be a chief of mission or members of the nominee’s immediate family, whether or not included in the report described in paragraph (2), played no role in such nomination. . 3. Management assessments at diplomatic and consular posts (a) In general Beginning not later than 1 year after the date of the enactment of this Act, the Secretary of State shall annually conduct, at each diplomatic and consular post, a universal survey, which shall be completed by all staff assigned to that post who are citizens of the United States (excluding the chief of mission) to assess the management and leadership of that post by the chief of mission. (b) Anonymity All responses to the survey shall be anonymized before being made available to the relevant regional assistant secretary of the Department of State and the Director General of the Foreign Service. (c) Referral If corrective action does not resolve deficiencies in performance by the chief of mission identified by the survey, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State, who shall conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(b) ). (d) Annual report The Director General of the Foreign Service shall submit an annual report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— (1) identifies the posts at which corrective action was taken as a result of responses from a survey described in subsection (a); (2) describes the performance deficiencies identified by the survey and the corrective action taken to remediate such deficiencies; and (3) explains the reasons for not referring the matter to the Inspector General of the Department of State and the Foreign Service. | https://www.govinfo.gov/content/pkg/BILLS-117s4025is/xml/BILLS-117s4025is.xml |
117-s-4026 | II 117th CONGRESS 2d Session S. 4026 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Smith (for herself 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 amend the Federal Food, Drug, and Cosmetic Act to grant eligible researchers access to eligible products at a discounted price for qualified research, and for other purposes.
1. Short title This Act may be cited as the Discounted Drugs for Clinical Trials Act . 2. Discounted sales of eligible products for qualified research purposes (a) In general Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 505–1 of such Act ( 21 U.S.C. 355–1 ) the following new section: 505–2. Discounted sales of eligible products for qualified research purposes (a) Application by researcher To obtain an eligible product for qualified research at the discounted price, an individual or entity shall submit to the Secretary an application certifying and demonstrating that— (1) the individual or entity is an eligible researcher; (2) the product being sought is an eligible product; (3) the researcher seeks to use the eligible product for qualified research; and (4) the amount of the eligible product sought is reasonable for completing the qualified research. (b) Duties of Secretary The Secretary shall— (1) review each application submitted under subsection (a) in a timely manner; (2) provide to the applicant, within a reasonable time of such submission— (A) a written order specifying the sufficient quantity of the eligible product approved to be purchased by the eligible researcher at the discounted price; or (B) a written denial of the application; (3) require manufacturers and license holders to report to the Secretary any additional information determined by the Secretary to be necessary to carry out this section; and (4) annually publish information on the number and types of applications granted and denied under this section. (c) Acquisition of discounted drug Upon receipt from an eligible researcher of an order obtained under subsection (b)(2)(A) for the acquisition of an eligible product for qualified research, the manufacturer or license holder of the eligible product shall sell to the eligible researcher the quantity specified in the order at the discounted price. (d) Civil action for failure To provide sufficient quantity of an eligible product (1) In general An eligible researcher may bring a civil action against the manufacturer or license holder of an eligible product seeking relief under this subsection in an appropriate district court of the United States alleging that the manufacturer or license holder has declined to provide the quantity of the eligible product specified in a written order from the Secretary to the eligible researcher for the discounted price. (2) Elements To prevail in a civil action brought under paragraph (1), an eligible researcher shall prove, by a preponderance of the evidence, that— (A) the eligible researcher has— (i) obtained a written order for the specified quantity of the eligible product from the Secretary in accordance with subsection (b)(2)(A); and (ii) provided a copy of the order to the manufacturer or license holder; and (B) as of the date on which the civil action is filed, the eligible researcher has not obtained the specified quantity of the eligible product at the discounted price by 31 days after the date on which the manufacturer or license holder received the eligible researcher’s request for the eligible product, including a copy of the written order. (3) Affirmative defense In a civil action brought under paragraph (1), it shall be an affirmative defense, on which the defendant has the burden of persuasion by a preponderance of the evidence— (A) that, on the date on which the eligible researcher requested to purchase the specified quantity of the eligible product from the manufacturer or license holder— (i) neither the manufacturer, license holder, nor any of their agents, wholesalers, or distributors, was engaged in the manufacturing or commercial marketing of the eligible product; and (ii) neither the manufacturer, license holder, nor any of their agents, wholesalers, or distributors, otherwise had access to inventory of the eligible product to supply the specified quantity to the eligible researcher at the discounted price; (B) that— (i) the manufacturer or license holder sells the eligible product through agents, distributors, or wholesalers; (ii) the manufacturer has placed no restrictions, explicit or implicit, on its agents, distributors, or wholesalers on selling the eligible product to eligible researchers; and (iii) the eligible product can be purchased by the eligible researcher in the specified quantity at the discounted price or a lower price from the agents, distributors, or wholesalers of the manufacturer or license holder; or (C) that the manufacturer or license holder made an offer to sell the specified quantity of the eligible product to the eligible researcher for the discounted price and the eligible researcher did not accept such offer by the date that is 14 days after the date on which the eligible product researcher received such offer. (4) Methods for transmission of requests for eligible products A written request for an eligible product, offer to sell an eligible product, or acceptance of such an offer between the eligible researcher and the manufacturer or license holder of the eligible product shall be made by— (A) certified or registered mail with return receipt requested; (B) personal delivery; or (C) electronic means. (5) Remedies If an eligible researcher prevails in a civil action brought under paragraph (1), the court shall— (A) order the manufacturer or license holder to provide to the eligible researcher without delay the specified quantity of the eligible product at the discounted price; (B) award to the eligible researcher reasonable attorney’s fees and costs of the civil action; and (C) award to the eligible researcher a monetary amount sufficient to deter the manufacturer or license holder from failing to provide eligible researchers with a sufficient quantity of an eligible product at the discounted price, if the court finds, by a preponderance of the evidence, that the manufacturer or license holder, without a legitimate business justification— (i) delayed providing the specified quantity to the eligible researcher; or (ii) failed to comply with a written order under subsection (b)(2)(A). (6) Maximum monetary amount A monetary amount awarded under paragraph (5) shall not be greater than the revenue that the manufacturer or license holder earned on the eligible product beginning on the date that is 31 days after the date on which the manufacturer or license holder received the request and ending on the date on which the eligible researcher received the specified quantity of the eligible product. (7) Avoidance of delay The court may issue an order under paragraph (5)(A) before conducting further proceedings that may be necessary to determine— (A) whether the eligible researcher is entitled to an award under subparagraph (B) or (C) of paragraph (5); or (B) the amount of any such award. (e) Limitation of liability A manufacturer or license holder of an eligible product obtained by an eligible researcher pursuant to this section shall not be liable for any claim under Federal, State, or local law arising out of the failure of the eligible researcher to follow adequate safeguards to assure safe use of the eligible product, including with respect to transportation, handling, use, or disposal. (f) Rule of construction This section shall not be construed to— (1) undermine or abrogate any requirement imposed pursuant to a risk evaluation and mitigation strategy under section 505–1; or (2) interfere with the private right of action afforded under section 610 of division N of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ) ( 21 U.S.C. 355–2 ; commonly referred to as the CREATES Act ). (g) Definitions In this section: (1) Commissioner The term Commissioner means the Commissioner of Food and Drugs. (2) Combination product The term combination product means a combination product described in section 503(g). (3) Discounted price The term discounted price means the direct costs to the manufacturer or license holder of producing the eligible product. (4) Eligible product The term eligible product means— (A) any— (i) drug approved under section 505(c) of this Act or biological product licensed under section 351(a) of the Public Health Service Act; (ii) combination product including such a drug or biological product; or (iii) product, including any device, that is marketed or intended for use with such a drug or biological product; and (B) any product that is— (i) a covered part D drug (as defined in section 1860D–2(e) of the Social Security Act) eligible for placement on, with respect to a plan year, a specialty tier (as defined in section 423.560 of title 42, Code of Federal Regulations) of a formulary for such plan year of a prescription drug plan under part D of title XVIII of such Act or an MA–PD plan under part C of such title; or (ii) a drug (including any biological product), or combination product, whose cost is determined by the Commissioner to be prohibitive to the advancement of qualified research. (5) Eligible researcher The term eligible researcher means any individual seeking to obtain an eligible product for qualified research. (6) License holder The term license holder means the holder of an application approved under subsection (c) or (j) of section 505 of this Act, or a license under subsection (a) or (k) of section 351 of the Public Health Service Act, for an eligible product. (7) Qualified research The term qualified research means any of the following: (A) Research in furtherance of an application under subsection (c) or (j) of section 505 of this Act. (B) Research in furtherance of an application for a license under subsection (a) or (k) of section 351 of the Public Health Service Act. (C) Research for which an exemption for investigational use is granted pursuant to section 505(i) of this Act or section 351(a) of the Public Health Service Act. (D) Research using an approved drug for an approved indication with the purpose of evaluating and comparing the clinical effectiveness, risks, or benefits of 2 or more of any of the following: (i) Health care interventions, protocols for treatment, care management, delivery procedures, diagnostic tools, or integrative practices. (ii) Drugs (including biological products), devices, or combination products. (iii) Any other treatments, services, practices, or items being used in the treatment, management, or diagnosis of, or prevention of, illness or injury in individuals. (8) Sufficient quantity The term sufficient quantity means an amount of an eligible product no greater than the eligible researcher determines to be necessary to accomplish the qualified research and fulfill any related regulatory requirements. . (b) Regulations Not later than 180 days of the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall promulgate final regulations to carry out section 505–2 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), including regulations— (1) to appropriately calculate the discounted price applicable with respect to an eligible product (as such terms are defined in such section 505–2); and (2) with respect to civil actions under subsection (d) of such section 505–2. | https://www.govinfo.gov/content/pkg/BILLS-117s4026is/xml/BILLS-117s4026is.xml |
117-s-4027 | II 117th CONGRESS 2d Session S. 4027 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Lankford (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to provide flexibility for temporary and term appointments in the competitive service, and for other purposes.
1. Short title This Act may be cited as the Inspired to Serve Hiring Improvements Act . 2. Flexibility for temporary and term appointments (a) Temporary and term appointments Subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following: 3117. Temporary and term appointments (a) Definitions In this section: (1) Director The term Director means the Director of the Office of Personnel Management. (2) Temporary appointment The term temporary appointment means an appointment in the competitive service for a period of not more than 1 year. (3) Term appointment The term term appointment means an appointment in the competitive service for a period of more than 1 year and not more than 10 years. (b) Appointment (1) In general The head of an Executive agency may make a temporary appointment or term appointment to a position in the competitive service when the need for the services of an employee in the position is not permanent. (2) Extension Under conditions prescribed by the Director, the head of an Executive agency may— (A) extend a temporary appointment made under paragraph (1) in increments of not more than 1 year each, up to a maximum of 3 total years of service; and (B) extend a term appointment made under paragraph (1), the initial period of which is less than 6 years, in increments determined appropriate by the head of the Executive agency, up to a maximum of 6 total years of service. (c) Appointments for critical hiring needs (1) In general The head of an Executive agency may make a noncompetitive temporary appointment, or a noncompetitive term appointment for a period of not more than 18 months, to a position in the competitive service for which a critical hiring need exists, as determined under section 3304, without regard to the requirements of sections 3327 and 3330. (2) No extensions An appointment made under paragraph (1) may not be extended. (d) Regulations (1) In general During the 1-year period beginning on the date of enactment of this section, and subject to paragraphs (2) and (3), the Director may prescribe regulations to carry out this section. (2) Application Any regulations prescribed by the Director for the administration of this section shall not apply to the Secretary of Defense in the exercise of the authorities granted under section 1105 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2447). (3) Reporting With respect to any regulation prescribed by the Director under this subsection, the Director shall brief the appropriate committees of Congress with respect to the regulation not later than 30 days before the date on which the final version of the regulation is published. (e) Special provision regarding the Department of Defense Nothing in this section shall preclude the Secretary of Defense from making temporary and term appointments in the competitive service pursuant to section 1105 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2447). (f) Rule of construction Nothing in this section may be construed to affect the authorities granted under section 3109. . (b) Conforming amendment The table of sections for subchapter I of chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3116 the following: 3117. Temporary and term appointments. . 3. Criteria for granting direct-hire authority to agencies Section 3304(a)(3)(B) of title 5, United States Code, is amended by striking shortage of candidates and all that follows through highly qualified candidates) and inserting shortage of highly qualified candidates . 4. Expedited hiring authority (a) Expedited hiring authority for college graduates Section 3115(e)(1) of title 5, United States Code, is amended by striking 15 percent and inserting 25 percent . (b) Expedited hiring authority for post-Secondary students Section 3116(d)(1) of title 5, United States Code, is amended by striking 15 percent and inserting 25 percent . | https://www.govinfo.gov/content/pkg/BILLS-117s4027is/xml/BILLS-117s4027is.xml |
117-s-4028 | II 117th CONGRESS 2d Session S. 4028 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Ernst (for herself 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 require certain public housing agencies to absorb port-in housing choice vouchers, and for other purposes.
1. Requiring certain public housing agencies to absorb port-in vouchers and limiting billing initial public housing agencies beyond 12 months (a) In general Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) is amended by adding at the end the following: (21) Portability of vouchers (A) Definitions In this paragraph— (i) the term covered public housing agency means a public housing agency that, in a given fiscal year, utilizes less than 95 percent of the budget authority available to the public housing agency; (ii) the term initial public housing agency has the meaning given the term initial PHA in section 982.4 of title 24, Code of Federal Regulations, or any successor regulation; and (iii) the term portable family means a family holding a voucher under this subsection that seeks to rent a dwelling unit outside of the jurisdiction of the initial public housing agency. (B) Requirement A covered public housing agency that has jurisdiction over the area in which a portable family is seeking to use the voucher received from an initial public housing agency— (i) shall notify the initial public housing agency whether the covered public housing agency will— (I) absorb the voucher by using funds of the covered public housing agency; or (II) bill the initial public housing agency for a period of not more than 12 months; (ii) shall make assistance payments to the portable family under an annual contributions contract entered into between the covered public housing agency and the Secretary; and (iii) may not bill the initial public housing agency for the assistance payments described in clause (ii) for a period of more than 12 months beginning on the effective date of the initial billing. . (b) Technical amendment Effective on December 27, 2022, paragraph (21) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as added by section 101(b)(2)(B) of division Q of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 2462), is redesignated as paragraph (22). | https://www.govinfo.gov/content/pkg/BILLS-117s4028is/xml/BILLS-117s4028is.xml |
117-s-4029 | II 117th CONGRESS 2d Session S. 4029 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Rounds (for himself, Mr. Risch , Mr. Crapo , Mr. Moran , Mr. Cramer , Mr. Boozman , Mr. Braun , Mr. Cruz , Mr. Marshall , Mr. Daines , Mr. Thune , Mr. Lankford , Mr. Barrasso , Mrs. Hyde-Smith , Mr. Hoeven , Ms. Lummis , Mr. Cotton , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to define State of residence and resident , and for other purposes.
1. Short title This Act may be cited as the Traveler's Gun Rights Act . 2. State of residence (a) Definitions Section 921 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking (a) before As used ; and (B) by adding at the end the following: (36) (A) The term State of residence means— (i) the State in which an individual resides; (ii) in the case of an individual, or spouse of an individual, who is an active duty member of the Armed Forces— (I) the State in which the permanent duty station of the member is located; and (II) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member; or (iii) in the case of an individual who does not have a physical residence in any State, the State in which an individual maintains a private mailbox or post office box. (B) For purposes of subparagraph (A)(i)— (i) an individual resides in a State if the individual is present in the State with the intention of making a home in that State; and (ii) an individual who maintains a home in more than 1 State is a resident of each such State during the time when the individual is present in that State. (37) The term resident , with respect to a State, means an individual who satisfies clause (i), (ii), or (iii) of paragraph (36)(A) with respect to that State. ; and (2) by striking subsection (b). (b) National instant criminal background check system Section 922(t)(1)(C) of title 18, United States Code, is amended by striking transferee containing a photograph of the transferee. and inserting the following: “transferee— (i) containing a photograph of the transferee; and (ii) containing— (I) the address of the residence of the transferee; or (II) the address for a private mailbox or post office box maintained by the transferee, if the transferee does not have a physical residence in any State. . | https://www.govinfo.gov/content/pkg/BILLS-117s4029is/xml/BILLS-117s4029is.xml |
117-s-4030 | II 117th CONGRESS 2d Session S. 4030 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mrs. Fischer (for herself, Mr. Grassley , Mr. Tester , Mr. Wyden , Ms. Ernst , Mr. Braun , Ms. Smith , Mrs. Hyde-Smith , Mr. Daines , Mr. Cassidy , Mr. Luján , Mr. Durbin , Mr. Heinrich , Mr. Warnock , Mr. Blumenthal , Mrs. Gillibrand , Ms. Lummis , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Marketing Act of 1946 to establish a cattle contract library, and for other purposes.
1. Short title This Act may be cited as the Cattle Price Discovery and Transparency Act of 2022 . 2. Definitions (a) In general Section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a ) is amended— (1) in paragraph (5), by striking cattle, and inserting cattle (including fed cattle), ; (2) by redesignating paragraphs (1) through (14) as paragraphs (2), (3), (4), (6) through (8), (10), and (12) through (18), respectively; (3) by inserting before paragraph (2) (as so redesignated) the following: (1) Approved pricing mechanism The term approved pricing mechanism means a purchase of fed cattle made— (A) through a negotiated purchase; (B) through a negotiated grid purchase; (C) at a stockyard (as defined in section 302 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 202 )); or (D) through a trading system or platform for the purchase or sale of cattle, or for an arrangement to purchase or sell cattle, through any means in which multiple buyer and seller participants have the ability to, and regularly and consistently, make and accept bids and offers on or at the trading system or platform. ; (4) by inserting after paragraph (4) (as so redesignated) the following: (5) Fed cattle The term fed cattle means a steer or heifer that has been finished on a ration of roughage and feed concentrates, such as grains, protein meal, grass (forage), and other nutrient-rich feeds, prior to slaughter. ; (5) by inserting after paragraph (8) (as so redesignated) the following: (9) Mandatory minimum The term mandatory minimum means, of the quantity of fed cattle purchased for slaughter by a covered packer (as defined in section 221) for each processing plant, the minimum percentage of such cattle that are required to be purchased through approved pricing mechanisms from producers that are not packers. ; and (6) by inserting after paragraph (10) (as so redesignated) the following: (11) Negotiated grid purchase The term negotiated grid purchase , with respect to cattle, means a purchase— (A) involving the negotiation of a base price from which premiums are added and discounts are subtracted, determined by seller-buyer interaction and agreement on a delivery day; and (B) under which the cattle are scheduled for delivery to the packer not later than 14 days after the date on which the cattle are committed to the packer. . (b) Cattle reporting definitions Section 221 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635d ) is amended— (1) in paragraph (1), by striking 7-day and inserting 14-day ; (2) in paragraph (8)(B), by striking market and inserting marketing ; (3) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (5), (6), (8), (9), (11), and (12), respectively; (4) by inserting after paragraph (2) the following: (3) Covered contract (A) In general The term covered contract means any agreement, written or oral, between a packer and a producer for the purchase of fed cattle for slaughter. (B) Exclusion The term covered contract does not include a contract for a negotiated purchase. (4) Covered packer The term covered packer means a packer that has slaughtered during the immediately preceding 5 calendar years an average of not less than 5 percent of the number of fed cattle slaughtered nationally during the immediately preceding 5 calendar years. ; (5) by inserting after paragraph (6) (as so redesignated) the following: (7) Heifer The term heifer means a bovine female that has not given birth to a calf. ; and (6) by inserting after paragraph (9) (as so redesignated) the following: (10) Steer The term ‘steer’ means a bovine male castrated before reaching sexual maturity. . 3. 14-Day cattle slaughter report Section 222(c) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e(c) ) is amended— (1) in paragraph (1)— (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraph (D) as subparagraph (B); (2) in paragraph (2), by striking the information and inserting information reported under this subsection ; (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: (2) Prior day reporting (A) In general The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, for each business day of the packer processing plant, not later than 10:00 a.m. Central Time on each reporting day, the information from the prior business day described in subparagraph (B). (B) Information required The information required under subparagraph (A) shall be, with respect to the prior business day, the number of cattle scheduled for delivery to a packer processing plant for slaughter for each of the next 14 calendar days. . 4. Expedited carcass weights reporting Section 222 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e ) is amended by adding at the end the following: (f) Expedited carcass weights (1) Determination Not later than 180 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall determine the minimum amount of time needed by the Secretary to publicly report the daily average carcass weight of cattle slaughtered by packer processing plants. (2) Reporting Not later than 180 days after the Secretary has made a determination under paragraph (1), the Secretary shall begin publicly reporting the information described in that paragraph within the time determined under that paragraph. . 5. Mandatory reporting of cutout yield Section 223 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635f ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking Daily reporting and inserting In General ; (B) in paragraph (3)— (i) in subparagraph (C), by striking the period at the end and inserting ; and ; and (ii) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (D) in the matter preceding subparagraph (A) (as so redesignated), by striking Secretary at least and inserting the following: “Secretary— (1) at least ; and (E) by adding at the end the following: (2) at least once each year, at a time determined by the Secretary, cutout yield data. ; and (2) in subsection (b)— (A) by striking the information required to be reported under subsection (a) ; and (B) by striking day. and inserting the following: “day— (1) the information required to be reported under subsection (a)(1); and (2) a composite price using the information required to be reported under paragraphs (1) and (2) of subsection (a). . 6. Cattle contract library The Agricultural Marketing Act of 1946 is amended— (1) by redesignating section 223 ( 7 U.S.C. 1635f ) as section 224; and (2) by inserting after section 222 ( 7 U.S.C. 1635e ) the following: 223. Cattle contract library (a) In general Not later than 120 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish and maintain, through the Livestock Mandatory Price Reporting program, a library or catalog (referred to in this section as the library ), of each type of covered contract entered into between packers and producers for the purchase of fed cattle (including cattle that are purchased or committed for delivery), including any schedules of premiums or discounts associated with the covered contract. (b) Information collection (1) In general To maintain the library, the Secretary shall obtain information from each packer on each type of existing covered contract of the packer by requiring a filing or other form of information submission from each packer. (2) Contract information Information submitted to the Secretary by a packer under paragraph (1) shall include, with respect to each existing covered contract of a packer— (A) the type of contract; (B) the duration of the contract; (C) a summary of the contract terms; (D) provisions in the contract that may affect the price of cattle covered by the contract, including schedules, premiums and discounts, financing and risk-sharing arrangements, and transportation arrangements; (E) the total number of cattle covered by the contract solely committed to the packer each week within the 6-month and 12-month periods following the date of the contract and the percentage of cattle each week that may vary for delivery or nondelivery at the discretion of the packer, organized by reporting region or in such other manner as the Secretary may determine; (F) in the case of a contract in which a specific number of cattle are not solely committed to the packer— (i) an indication that the contract is an open commitment; and (ii) any weekly, monthly, annual, or other limitations or requirements on the number of cattle that may be delivered to the packer under the contract, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (G) a description of the provisions in the contract that provide for expansion in the numbers of fed cattle to be delivered under the contract for the 6-month and 12-month periods following the date of the contract. (c) Availability of information (1) In general The Secretary shall make publicly available to producers and other interested persons information (including the information described in subsection (b)(2)), in a user-friendly format, on the types of covered contracts in the library, including notice (on a real-time basis, if practicable) of the types of covered contracts that are entered into between packers and producers for the purchase of fed cattle. (2) Monthly report (A) In general Beginning 30 days after the library is established, the Secretary shall make the information obtained each month in the library available in a monthly report to producers and other interested persons. (B) Contents The monthly report described in subparagraph (A) shall include— (i) based on the information collected under subsection (b)(2)(E), an estimate by the Secretary of the total number of fed cattle committed under covered contracts for delivery to packers within the 6-month and 12-month periods following the date of the report, organized by reporting region and type of contract; (ii) based on the information collected under subsection (b)(2)(F), the number of covered contracts with an open commitment and any weekly, monthly, annual, or other limitations or requirements on the number of cattle that may be delivered under such contracts, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (iii) based on the information collected under subsection (b)(2)(G), an estimate by the Secretary of the total maximum number of fed cattle that may be delivered within the 6-month and 12-month periods following the date of the report, organized by reporting region and type of contract. (d) Maintenance of library Information in the library about types of contracts that are no longer offered or in use shall be removed from the library. (e) Confidentiality The reporting requirements for packers under this section shall be subject to the confidentiality protections provided under section 251. (f) Violations It shall be unlawful and a violation of this Act for any packer to willfully fail or refuse— (1) to provide to the Secretary accurate information required under this section; or (2) to comply with any other requirement of this section. (g) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. . 7. Market acquisition of fed cattle (a) Sense of the Senate It is the sense of the Senate that— (1) all participants in the fed cattle market have a responsibility to contribute to sufficient levels of negotiated trade of fed cattle in all cattle feeding regions in order to achieve competitive bidding and maximum transparency in all relevant markets and robust price discovery for the benefit of all market participants; (2) covered packers that use negotiated market prices or internal formulations thereof as the basis for formula marketing arrangements may have incentives to not participate in price discovery in fed cattle markets, including in order to influence the price, especially if the majority of the cattle purchases are under fed cattle formula marketing arrangements under which it is particularly important to have minimum participation; and (3) the Department of Agriculture should examine academic literature regarding minimum levels of negotiated transactions necessary to achieve robust price discovery, eliminate the potential for price manipulation, and enhance cattle producer leverage in the marketplace in each of the cattle marketing regions. (b) Penalties Section 253(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1636b(a) ) is amended— (1) in paragraph (1)— (A) by striking the paragraph designation and heading and all that follows through Any packer and inserting the following: (1) Penalty amount (A) In general Except as provided in subparagraph (B), any packer ; and (B) by adding at the end the following: (B) Mandatory minimum violation Any packer or other person that violates section 259 may be assessed a civil penalty by the Secretary of not more than $90,000 for each violation (as adjusted for inflation). ; and (2) in paragraph (2)— (A) by striking Each day and inserting the following: (A) In general Except as provided in subparagraph (B), each day ; and (B) by adding at the end the following: (B) Mandatory minimum violation Each week during which a violation of section 259 continues shall be considered to be a separate violation. . (c) Mandatory minimums The Agricultural Marketing Act of 1946 is amended— (1) by redesignating sections 259 and 260 ( 7 U.S.C. 1636h , 1636i) as sections 260 and 261, respectively; and (2) by inserting after section 258 ( 7 U.S.C. 1636g ) the following: 259. Mandatory minimums (a) Purpose The purpose of this section is to establish mandatory minimums— (1) to enhance price discovery, transparency, and cattle producer leverage for cattle market participants; and (2) to minimize and mitigate conflicts of interest and other incentives for a covered packer to influence the base price of formula marketing arrangements for the benefit of the covered packer through action or inaction in the market in which the base price is determined. (b) Establishment (1) In general Not later than 2 years after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish— (A) 5 to 7 contiguous regions (referred to in this section as covered regions ) that— (i) together encompass the entire continental United States; and (ii) to the extent practicable, reasonably reflect similar fed cattle purchase practices; (B) a mandatory minimum— (i) for each covered region established under subparagraph (A); and (ii) that shall be applicable with respect to each processing plant of a covered packer located in that covered region; and (C) a time period within which a covered packer shall be required to meet the applicable mandatory minimum, which shall be not less than 1 week but not more than 30 days. (2) Modifications The Secretary— (A) shall review the mandatory minimums established under paragraph (1) not later than 2 years after the date of establishment and periodically thereafter, but not less frequently than once every 5 years; and (B) modify any such mandatory minimum, as necessary, after consulting with representatives of the United States cattle and beef industry and in accordance with paragraph (4). (3) Public input In carrying out this subsection, the Secretary shall make all proposed mandatory minimums subject to notice and comment rulemaking and a cost-benefit analysis. (4) Considerations In establishing or modifying mandatory minimums under this subsection for any covered region, the Secretary shall consider the following factors: (A) The number of covered packers in the covered region. (B) The availability of fed cattle in the covered region. (C) Pre-existing contractual arrangements of packers in the covered region. (D) The number of pricing transactions (pens of cattle sold) in the covered region. (E) The proportion of fed cattle purchased in the covered region through negotiated purchases or negotiated grid purchases relative to the number of formula marketing arrangements that use the negotiated prices or negotiated grid prices as base prices. (5) Initial mandatory minimum requirement The initial mandatory minimum established under paragraph (1)(B) for each covered region shall be— (A) not less than the average percentage of negotiated purchases and negotiated grid purchases made in that covered region between January 1, 2020, and January 1, 2022; and (B) not more than 50 percent. (c) Purchases A covered packer shall, with respect to each processing plant of the covered packer, purchase through an approved pricing mechanism not less than the percentage of fed cattle required under the mandatory minimum established under subsection (b) for the covered region in which the processing plant is located. (d) Enforcement (1) In general On establishing mandatory minimums under subsection (b), the Secretary— (A) shall regularly monitor compliance by covered packers with those mandatory minimums; and (B) in the case of noncompliance by a covered packer in a given period, may allow the covered packer to remedy the noncompliance by purchasing the applicable shortfall in the approved pricing mechanism in 1 or more subsequent periods, subject to paragraph (2). (2) Nonremedy The Secretary shall not allow a covered packer to remedy noncompliance under paragraph (1)(B) if the covered packer has a pattern or practice of noncompliance, as determined by the Secretary. (e) Effect on premiums Nothing in this section prohibits a formula marketing arrangement from including a premium in addition to the base price, including a premium for meat quality, consistency, breed, production method, branding, or any other value-added effort. . | https://www.govinfo.gov/content/pkg/BILLS-117s4030is/xml/BILLS-117s4030is.xml |
117-s-4031 | II 117th CONGRESS 2d Session S. 4031 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Van Hollen (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award posthumously a Congressional Gold Medal to Henrietta Lacks, in recognition of her immortal cells which have made invaluable contributions to global health, scientific research, our quality of life, and patients’ rights.
1. Short title This Act may be cited as the Henrietta Lacks Congressional Gold Medal Act . 2. Findings Congress finds the following: (1) Henrietta Lacks, an African-American woman born on August 1, 1920, in Roanoke, Virginia, was raised by her grandfather on a tobacco farm in Clover, Virginia. (2) Henrietta Lacks, her husband, and family moved to Baltimore, Maryland in 1941 seeking economic opportunity at the Bethlehem Steel Plant. (3) In 1951, Henrietta Lacks sought treatment for her continuous vaginal bleeding from The Johns Hopkins Hospital, which was one of the few hospitals willing to treat African Americans at that time. Gynecologists discovered a large, malignant tumor on her cervix. (4) Unbeknownst to Henrietta Lacks or her family, medical researchers took samples of Henrietta Lacks’ tumor during her treatment without her consent. Henrietta Lacks’ cells, now known as HeLa Cells , doubled every 20 to 24 hours whereas other human cells died in the same time period. The HeLa Cells are the first known immortal line of human cells in history. (5) On October 4, 1951, 31-year-old Henrietta Lacks died of an aggressive cervical cancer eight months after her cancer diagnosis, leaving behind her husband and 5 children. (6) The HeLa immortal cell line is the oldest and most used human cell line used in scientific research. Henrietta Lacks’ immortal cells have been commercialized and distributed worldwide to researchers, resulting in groundbreaking advancements in modern science and technology. (7) Henrietta Lacks’ prolific cells continue to replicate to this day and contribute to remarkable advances in medicine, including the development of the polio vaccine and drugs used to treat cancer, HIV/AIDS, hemophilia, leukemia, and Parkinson’s disease. HeLa cells have been used in research that has contributed to our understanding of the effects of radiation and zero gravity on human cells, and have informed research on chromosomal conditions, cancer, gene mapping, and precision medicine. (8) The use of HeLa cells as the foundation for biomedical research has led to several Nobel Prize winning discoveries. The National Institute of Health located over 110,000 publications that cited the use of HeLa cells between 1953 to 2018. These advances were made possible by Henrietta Lacks’ cells, yet the revenues they generated were not known to her family for more than twenty years. (9) Henrietta Lacks is a linchpin to modern bioethics policies and informed consent laws that benefit patients nationwide by building patient trust and protecting research participants. (10) Henrietta Lacks’ legacy has been recognized around the world through memorials, conferences, museum exhibitions, libraries, and print and visual media for changing the face of medical science. 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 posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Henrietta Lacks, in recognition of her immortal cells which have made invaluable contributions to global health, scientific research, our quality of life, and patients’ rights. (b) Design and striking For the purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with Henrietta Lacks. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals The 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-117s4031is/xml/BILLS-117s4031is.xml |
117-s-4032 | II 117th CONGRESS 2d Session S. 4032 IN THE SENATE OF THE UNITED STATES April 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 120 East Oak Avenue in Seminole, Oklahoma, as the Sergeant Bret D. Isenhower Memorial Post Office Building .
1. Sergeant Bret D. Isenhower Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 120 East Oak Avenue in Seminole, Oklahoma, shall be known and designated as the Sergeant Bret D. Isenhower Memorial 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 Sergeant Bret D. Isenhower Memorial Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-117s4032is/xml/BILLS-117s4032is.xml |
117-s-4033 | II 117th CONGRESS 2d Session S. 4033 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Rubio (for himself and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a program to incentivize investment in facilities that carry out the metallurgy of rare earth elements and the production of finished rare earth products, and for other purposes.
1. Short title This Act may be cited as the Obtaining National and Secure Homeland Operations for Rare Earth Manufacturing Act or the ONSHORE Manufacturing Act . 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives. (2) Concentrated rare earth element The term concentrated rare earth element means a rare earth element that has been extracted or separated from raw materials and concentrated. (3) Covered entity The term covered entity means a private entity, a consortium of private entities, or a consortium of public and private entities with a demonstrated ability to substantially finance, construct, expand, or technologically upgrade a covered facility. (4) Covered facility The term covered facility means a facility located in a State that carries out the metallurgy of rare earth elements for the production of finished rare earth products. (5) Covered incentive The term covered incentive means— (A) an incentive offered by a Federal, State, local, or Tribal governmental entity to a covered entity for the purposes of— (i) constructing within the jurisdiction of the governmental entity a covered facility; or (ii) expanding or technologically upgrading an existing facility within that jurisdiction to be a covered facility; and (B) a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to rare earth elements and finished rare earth products, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State. (6) Finished rare earth product The term finished rare earth product means— (A) a product composed of— (i) metal powders, such as rare earth oxides and rare earth salts, including chlorides and nitrates; (ii) metals containing rare earth elements; (iii) alloys; or (iv) magnets; and (B) any other value-added product that is composed fully or partially of rare earth elements. (7) Foreign entity (A) In general The term foreign entity means— (i) a government of a foreign country and a foreign political party; (ii) a natural person who is not— (I) a lawful permanent resident of the United States; (II) a citizen or national of the United States; or (III) any other protected individual (as defined in section 274B(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a)(3) )); and (iii) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (B) Inclusions The term foreign entity includes— (i) any person owned by, controlled by, or subject to the jurisdiction or direction of an entity described in subparagraph (A); (ii) any person, wherever located, who acts as an agent, representative, or employee of an entity described in subparagraph (A); (iii) any person who acts in any other capacity at the order, request, or under the influence, direction, or control, of— (I) an entity described in subparagraph (A); or (II) a person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an entity described in subparagraph (A); (iv) any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity described in subparagraph (A); (v) any person with significant responsibility to control, manage, or direct an entity described in subparagraph (A); (vi) any person, wherever located, who is a citizen or resident of a country controlled by an entity described in subparagraph (A); and (vii) any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity described in subparagraph (A). (8) Foreign entity of concern The term foreign entity of concern means any foreign entity that is— (A) designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); (B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury; (C) owned by, controlled by, or subject to the jurisdiction, direction, or otherwise under the undue influence of a government of a covered nation (as defined in section 2533c(d) of title 10, United States Code); (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under— (i) chapter 37 of title 18, United States Code (commonly known as the Espionage Act ); (ii) section 951 or 1030 of title 18, United States Code; (iii) chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996 ); (iv) the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); (v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2274–2278 ; 2284); (vi) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); or (vii) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (E) determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this Act. (9) Governmental entity The term governmental entity means— (A) a State; and (B) a local government of a State. (10) Intelligence community The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (11) Metallurgy The term metallurgy means the process of producing finished rare earth products from concentrated rare earth elements. (12) Person The term person includes an individual, partnership, association, corporation, organization, or any other combination of individuals. (13) Rare earth element The term rare earth element means a natural element associated with— (A) the metallic element scandium, with atomic number 21; (B) the metallic element yttrium, with atomic number 39; or (C) any of the series of 15 metallic elements between lanthanum, with atomic number 57, and lutetium, with atomic number 71, on the periodic table. (14) Secretary The term Secretary means the Secretary of Energy. (15) State The term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. 3. Rare earth metallurgy financing (a) Financial assistance program (1) In general The Secretary shall establish in the Department of Energy a program to provide Federal financial assistance to covered entities to incentivize investment in covered facilities, subject to the availability of appropriations for that purpose. (2) Procedure (A) In general A covered entity seeking financial assistance under this subsection shall submit to the Secretary an application that describes the project for which the covered entity is seeking financial assistance. (B) Eligibility In order for a covered entity to qualify for financial assistance under this subsection, the covered entity shall demonstrate to the Secretary, in the application submitted by the covered entity under subparagraph (A), that— (i) the covered entity has a documented interest in— (I) constructing a covered facility; or (II) expanding or technologically upgrading a facility owned by the covered entity to be a covered facility; and (ii) with respect to the project for which the covered entity is seeking financial assistance, the covered entity has— (I) been offered a covered incentive; (II) made commitments to worker and community investment, including through— (aa) training and education benefits paid by the covered entity; and (bb) programs to expand employment opportunity for economically disadvantaged individuals; (III) secured commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals; and (IV) an executable plan to sustain a covered facility without additional Federal financial assistance under this subsection for facility support. (C) Application review (i) In general The Secretary may not approve an application submitted by a covered entity under subparagraph (A)— (I) unless the Secretary— (aa) confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B); (bb) determines that the project for which the covered entity is seeking financial assistance is in the interest of the United States; and (cc) has notified the appropriate committees of Congress not later than 15 days before making any commitment to provide an award of financial assistance to any covered entity in an amount that exceeds $10,000,000; or (II) if the Secretary determines, in consultation with the Director of National Intelligence, that the covered entity is a foreign entity of concern. (ii) Consideration In reviewing an application submitted by a covered entity under subparagraph (A), the Secretary may consider whether— (I) the covered entity has previously received financial assistance under this subsection; (II) the governmental entity offering the applicable covered incentive has benefitted from financial assistance previously provided under this subsection; (III) the covered entity has demonstrated that the covered entity is responsive to the national security needs or requirements established by the intelligence community (or an agency thereof), the National Nuclear Security Administration, or the Department of Defense; (IV) if practicable, a consortium that is considered a covered entity includes a small business concern (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )), notwithstanding section 121.103 of title 13, Code of Federal Regulations (or successor regulations); and (V) the covered entity intends to produce finished products for use by the Department of Defense, the defense industry of the United States, or critical energy infrastructure. (iii) Prioritization To the maximum extent practicable, the Secretary shall prioritize awarding financial assistance under this subsection to a covered entity that— (I) utilizes raw material feedstock sourced from 1 or more offtake agreements with entities that are not foreign entities of concern; (II) utilizes raw material feedstock sourced from 2 or more— (aa) entities; (bb) offtake agreements; or (cc) geographic locations; (III) utilizes concentrated rare earth elements sourced from 2 or more— (aa) entities; (bb) offtake agreements; or (cc) geographic locations; and (IV) intends to produce finished products for use by the Department of Defense, the defense industry of the United States, or critical energy infrastructure. (D) Records (i) In general The Secretary may request records and information from a covered entity that submitted an application under subparagraph (A) to review the status of a covered entity. (ii) Requirement The covered entity shall provide the records and information requested by the Secretary under clause (i). (3) Amount (A) In general The Secretary shall determine the appropriate amount and funding type for each financial assistance award provided to a covered entity under this subsection. (B) Larger investment The total Federal investment in any individual project receiving a financial assistance award under this subsection shall not exceed $500,000,000, unless the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, recommends to the President, and the President certifies and reports to the appropriate committees of Congress, that a larger investment is necessary— (i) to significantly increase the proportion of reliable domestic supply of finished rare earth products relevant for national security and economic competitiveness that can be met through domestic production; and (ii) to meet the needs of national security. (4) Use of funds A covered entity that receives a financial assistance award under this subsection may only use the financial assistance award amounts— (A) to finance the construction of a covered facility (including equipment) or the expansion or technological upgrade of a facility (including equipment) of the covered entity to be a covered facility, as documented in the application submitted by the covered entity under paragraph (2)(A), as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States; (B) to support workforce development for a covered facility; (C) to support site development and technological upgrade for a covered facility; and (D) to pay reasonable costs relating to the operating expenses for a covered facility, including specialized workforce, essential materials, and complex equipment maintenance. (5) Clawback (A) Major awards (i) In general For all financial assistance awards of more than $10,000,000 provided to covered entities under this subsection, the Secretary shall, at the time of making the award, determine the target dates by which a covered entity shall commence and complete the applicable project. (ii) Progressive recovery for delays If the covered entity receiving a financial assistance award of more than $10,000,000 under this subsection does not complete the applicable project by the applicable target date determined under clause (i), the Secretary shall progressively recover up to the full amount of the award. (iii) Waiver In the case of projects that do not meet the applicable target date determined under clause (i), the Secretary may waive the requirement to recover the financial award provided for the project under clause (ii) after making a formal determination that circumstances beyond the ability of the covered entity to foresee or control are responsible for the delay. (iv) Congressional notification (I) In general Not later than 15 days after making a determination to recover an award under clause (ii), the Secretary shall notify the appropriate committees of Congress of the intent of the Secretary to recover the award. (II) Waivers Not later than 15 days after the date on which the Secretary provides a waiver under clause (iii), the Secretary shall notify the appropriate committees of Congress of the waiver. (B) Joint research, technology licensing, and intellectual property reporting (i) In general Before entering into an agreement with a foreign entity to conduct joint research or technology licensing, or to share intellectual property, a covered entity that has received a financial assistance award under this subsection— (I) shall notify the Secretary of the intent to enter into such an agreement; and (II) may only enter into such an agreement if the Secretary determines the foreign entity is not a foreign entity of concern. (ii) Determination On receiving a notification under clause (i), the Secretary, in consultation with the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation, shall make a determination of whether the applicable foreign entity is a foreign entity of concern. (iii) Technology clawback The Secretary shall recover the full amount of a financial assistance award provided to a covered entity under this subsection if, during the applicable term of the award, the covered entity knowingly engages in any joint research, technology licensing, or intellectual property sharing effort with a foreign entity of concern that relates to a technology or product that raises national security concerns, as determined by the Secretary, in consultation with the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation, on the condition that the determination of the Secretary shall have been communicated to the covered entity before the covered entity engaged in the joint research, technology licensing, or intellectual property sharing. (6) Condition of receipt A covered entity to which the Secretary awards Federal financial assistance under this subsection shall enter into an agreement that specifies that, during the 5-year period immediately following the award of the Federal financial assistance, the covered entity will not make shareholder distributions in excess of profits. (b) Coordination required In carrying out the program established under subsection (a), the Secretary shall coordinate with the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence. (c) GAO reviews The Comptroller General of the United States shall— (1) not later than 2 years after the date of disbursement of the first financial award under the program established under subsection (a), and biennially thereafter for 10 years, conduct a review of the program, which shall include, at a minimum— (A) a determination of the number of financial assistance awards provided under the program during the period covered by the review; (B) an evaluation of how— (i) the program is being carried out, including how recipients of financial assistance awards are being selected under the program; and (ii) other Federal programs are leveraged for manufacturing, research, and training to complement the financial assistance awards provided under the program; and (C) a description of the outcomes of projects supported by financial assistance awards provided under the program, including a description of— (i) covered facilities that were constructed or facilities that were expanded or technologically upgraded to be covered facilities as a result of financial assistance awards provided under the program; (ii) workforce training programs carried out with financial assistance awards provided under the program, including efforts to hire individuals from disadvantaged populations; and (iii) the impact of projects receiving financial assistance awards under the program on the United States share of global finished rare earth product production; and (2) submit to the appropriate committees of Congress the results of each review conducted under paragraph (1). (d) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $1,500,000,000 for fiscal year 2023; and (2) $200,000,000 for each of fiscal years 2024 through 2027. 4. Funding for development of secure rare earth supply chains (a) Multilateral Rare Earth Security Fund (1) Establishment of fund The Secretary of the Treasury may establish a trust fund, to be known as the Multilateral Rare Earth Security Fund (in this section referred to as the Fund ), consisting of such amounts as are appropriated to the Fund or credited to the Fund under paragraph (3). (2) Reporting requirement If the Fund is not established by not later than 180 days after the date of the enactment of this Act, on that date, and annually thereafter until the Fund is established, the Secretary of the Treasury, in coordination with the Secretary of State, shall provide, in writing, to the appropriate committees of Congress a rationale for not establishing the Fund. (3) Investment of amounts (A) Investment of amounts If the Fund is established, the Secretary of the Treasury may invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (B) Interest and proceeds The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (4) Use of fund (A) In general Subject to subparagraph (B), amounts in the Fund shall be available, as provided in advance in an appropriations Act, to the Secretary of State— (i) to provide funding through the common funding mechanism described in subsection (b)(1) to support the development and adoption of secure rare earth supply chains; and (ii) to otherwise carry out this section. (B) Availability contingent on international arrangement or agreement (i) In general Amounts in the Fund shall be available to the Secretary of State, as provided in advance in an appropriations Act, on and after the date on which the Secretary of State enters into an arrangement or agreement with the governments of countries that are partners of the United States, as determined by the Secretary of State, to participate in the common funding mechanism under subsection (b)(1). (ii) Consultation Before entering into an arrangement or agreement as described in clause (i), the Secretary of State, in consultation with the Secretary of Commerce, shall ensure that any government that will participate in the arrangement or agreement maintains export control licensing policies with respect to exports of finished rare earth products substantively equivalent to the United States with respect to restrictions on such exports to the People's Republic of China. (b) Common funding mechanism for development of secure rare earth supply chains (1) In general The Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, the Secretary of Energy, and the Director of National Intelligence, may establish a common funding mechanism, in coordination with the governments of countries that are partners of the United States, that uses amounts from the Fund to support the development and adoption of secure rare earth supply chains, including for— (A) research and development collaborations among countries participating in the mechanism; and (B) supplementing bids by foreign entities that are not foreign entities of concern to secure offtake agreements with entities that mine rare earth elements. (2) Contributions from participating countries In establishing and sustaining a common funding mechanism described in paragraph (1), the Secretary of State shall seek to leverage amounts from the Fund to secure contributions to the mechanism from the governments of countries participating in the mechanism, including with respect to cost sharing and other cooperative measures leading to the development and adoption of secure rare earth supply chains. (3) Commitments In creating and sustaining a common funding mechanism described in paragraph (1), the Secretary of State shall promote efforts among countries participating in the mechanism— (A) to establish transparency requirements for any subsidies or other financial benefits (including revenue foregone) provided to rare earth firms located in or outside such countries; (B) to establish processes similar to the process of the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ) for intervening to preempt foreign entities of concern from investing in, purchasing, or assuming control of entities, intellectual property, and equipment that are created by or benefit from investments by the mechanism; (C) to establish consistent policies with respect to countries that— (i) are not participating in the mechanism; and (ii) do not meet transparency requirements established under subparagraph (A); (D) to promote harmonized treatment of finished rare earth products and verification processes for raw materials or products being exported to a country considered a national security risk by the government of a country participating in the mechanism; (E) to establish consistent policies among the governments of countries participating in the mechanism and common policies among countries that are not participating to address nonmarket economy countries as the behavior of such countries pertains to rare earth elements; (F) to align policies with respect to supply chain integrity and security, including with respect to protection and enforcement of intellectual property rights; and (G) to promote harmonized foreign direct investment screening measures and export control policies with respect to rare earth elements to align with national, multilateral, and plurilateral security priorities. (c) Annual report to Congress Not later than 1 year after the date on which the Fund is established, and annually thereafter for each fiscal year during which amounts in the Fund are available under subsection (a)(4), the Secretary of State shall submit to the appropriate committees of Congress a report on the status of the implementation of this section that includes a description of— (1) any commitments made by the governments of countries that have entered into an arrangement or agreement with the United States to provide funding for the common funding mechanism described in subsection (b)(1) and the specific amount so committed and other cooperative measures being taken by such countries as part of the mechanism; (2) the criteria established for expenditure of funds through the mechanism; (3) how, and to whom, amounts have been expended from the Fund and a description of progress made in utilizing the Fund to support the objectives described in subsection (b)(1); (4) amounts remaining in the Fund; (5) the progress of the Secretary of State toward entering into an arrangement or agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism and the commitments described in subsection (b)(2); and (6) any additional authorities needed to enhance the effectiveness of the Fund in achieving the security goals of the United States. (d) Notifications To Be provided by the Fund (1) In general Not later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subsection (a)(4)(A) in an amount in excess of $1,000,000, the Secretary of State shall submit to the appropriate committees of Congress a report in writing that includes the information described in paragraph (2). (2) Information required The information described in this paragraph is— (A) the amount of each expenditure described in paragraph (1); (B) an identification of the recipient or beneficiary of each such expenditure; and (C) a description of the project or activity to be carried out and the purpose to be achieved by each such expenditure. (3) Arrangements or agreements The Secretary of State shall notify the appropriate committees of Congress not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subsection (a)(4)(B). 5. Workforce development initiative As soon as practicable after the date of enactment of this Act, the Secretary shall establish an initiative under which the Secretary shall work with the Secretary of Labor, the Director of the National Science Foundation, the Critical Minerals Subcommittee of the National Science and Technology Council, the private sector, institutions of higher education, and workforce training entities to incentivize and expand participation in graduate and undergraduate programs, and to develop workforce training programs and apprenticeships, relating to advanced rare earth element mining, separation, processing, metallurgy, and advanced equipment maintenance capabilities. 6. Prohibition relating to foreign entities of concern None of the funds authorized to be appropriated to carry out this Act may be provided to a foreign entity of concern. 7. Defense Production Act of 1950 efforts (a) In general Not later than 180 days after the date of enactment of this Act, the President shall submit to Congress a report on a plan of action for any use of authorities available in title III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. ) to establish or enhance a domestic production capability for finished rare earth products and related technologies, subject to— (1) the availability of appropriations for that purpose; and (2) a determination made under the plan pursuant to that title that— (A) finished rare earth products and related technologies are essential to the national defense; and (B) domestic industrial capabilities are insufficient to meet those needs. (b) Coordination The President shall develop the plan of action required by subsection (a) in consultation with any relevant head of a Federal agency, an advisory committee established under section 708(d) of the Defense Production Act of 1950 ( 50 U.S.C. 4558(d) ), and appropriate stakeholders in the private sector. | https://www.govinfo.gov/content/pkg/BILLS-117s4033is/xml/BILLS-117s4033is.xml |
117-s-4034 | II 117th CONGRESS 2d Session S. 4034 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mrs. Fischer (for herself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide authorization for nonpecuniary damages in an action resulting from a cruise ship voyage occurring on the high seas.
1. Short title This Act may be cited as the Hammers' Law . 2. Limitations in certain cases (a) In general Section 30307 of title 46, United States Code, is amended— (1) in the section heading, by striking Commercial aviation accidents and inserting Limitations in certain cases ; (2) by striking subsection (a) and inserting the following: (a) Definitions In this section: (1) Cruise ship The term cruise ship means a passenger vessel, other than a vessel of the United States operated by the Federal Government or a vessel owned and operated by a State, that— (A) is authorized to carry at least 250 passengers; (B) has onboard sleeping facilities for each passenger; (C) is on a voyage that embarks or disembarks passengers in the United States; and (D) is not engaged on a coastwise voyage. (2) Nonpecuniary damages The term nonpecuniary damages means damages for loss of care, comfort, and companionship. ; (3) in subsection (b), by inserting or cruise ship voyage after commercial aviation ; and (4) in subsection (c), by inserting or cruise ship voyage after commercial aviation . (b) Clerical amendment The table of sections for chapter 303 of title 46, United States Code, is amended by striking the item relating to section 30307 and inserting the following: 30307. Limitations in certain cases. . | https://www.govinfo.gov/content/pkg/BILLS-117s4034is/xml/BILLS-117s4034is.xml |
117-s-4035 | II 117th CONGRESS 2d Session S. 4035 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the placement of Taiwan in Country Group A:5 for purposes of the strategic trade authorization license exception under the Export Administration Regulations.
1. Short title This Act may be cited as the Taiwan Weapons Exports Act of 2022 . 2. Sense of Congress It is the sense of Congress that— (1) the United States has a strong interest, in accordance with its obligations under the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. ), in ensuring that Taiwan has all resources necessary to defend itself, especially by asymmetric ways and means, against military action by the People's Republic of China; (2) the threat of military action by the People's Republic of China against Taiwan is growing more rapidly than many anticipated, with the current and former commanders of the United States Indo-Pacific Command testifying that the Government of the People's Republic of China may view the local military balance over Taiwan as favorable to an invasion well before 2035 and potentially as soon as 2027; (3) it is imperative that the United States provide Taiwan with defensive resources with urgency, not only so that Taiwan can better defend itself against military action by the People's Republic of China, but also to reduce the operational risk to the United States Armed Forces, if the President commits such forces to Taiwan’s defense following the initiation of hostilities by the Government of the People's Republic of China; (4) the inclusion of Taiwan in Country Group A:5 under Supplement No. 1 to part 740 of the Export Administration Regulations would address the need described in paragraph (3) by allowing Taiwan to acquire critical asymmetric defensive capabilities on an expedited basis, including undersea sensors, naval mines, man-portable air defense systems, and unmanned aerial vehicles, pursuant to the strategic trade authorization license exception under section 740.20 of the Export Administration Regulations; and (5) Taiwan has been designated a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k ). 3. Strategic trade authorization license exception for Taiwan Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall revise part 740 of the Export Administration Regulations to remove Taiwan from Country Group A:6 and add it to Country Group A:5. 4. Definition of Export Administration Regulations In this Act, the term Export Administration Regulations has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4035is/xml/BILLS-117s4035is.xml |
117-s-4036 | II 117th CONGRESS 2d Session S. 4036 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Lankford (for himself, Ms. Sinema , Mr. Cornyn , Mr. Kelly , Mr. Thune , Mr. Manchin , Mrs. Capito , Mr. Tester , Mr. Portman , Ms. Hassan , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a procedure for terminating a determination by Surgeon General to suspend certain entries and imports from designated places.
1. Short title This Act may be cited as the Public Health and Border Security Act of 2022 . 2. Termination of suspension of entries and imports from designated places related to the COVID–19 pandemic (a) In general An order of suspension issued under section 362 of the Public Health Service Act ( 42 U.S.C. 265 ) as a result of the public health emergency relating to the Coronavirus Disease 2019 (COVID–19) pandemic declared under section 319 of such Act ( 42 U.S.C. 247d ) on January 31, 2020, and any continuation of such declaration (including the continuation described in Proclamation 9994 on February 24, 2021), shall be lifted not earlier than 60 days after the date on which the Surgeon General provides written notification to the appropriate authorizing and appropriating committees of Congress that such public health emergency declaration (including the continuation described in Proclamation 9994 on February 24, 2021) have been terminated. (b) Procedures during 60-Day termination window (1) Plan Not later than 30 days after the date on which a written notification is provided under subsection (a) with respect to an order of suspension, the Surgeon General, in consultation with the Secretary of Homeland Security, and the head of any other Federal agency, State, local or Tribal government, or nongovernmental organization that has a role in managing outcomes associated with the suspension, as determined by the Surgeon General (or the designee of the Surgeon General), shall develop and submit to the appropriate committees of Congress, a plan to address any possible influx of entries or imports, as defined in such order of suspension, related to the termination of such order. (2) Failure to submit If a plan under paragraph (1) is not submitted to the appropriate committees of Congress within the 30-day period described in such paragraph, not later than 7 days after the expiration of such 30-day period, the Secretary shall notify the appropriate committees of Congress, in writing, of the status of preparing such a plan and the timing for submission as required under paragraph (1). The termination of order related to such plan shall be delayed until that date that is 30 days after the date on which such plan is submitted to such committees. | https://www.govinfo.gov/content/pkg/BILLS-117s4036is/xml/BILLS-117s4036is.xml |
117-s-4037 | II 117th CONGRESS 2d Session S. 4037 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Stabenow (for herself and Ms. 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 Public Health Service Act to increase the transparency of pharmaceutical research costs, and for other purposes.
1. Short title This Act may be cited as the Pharmaceutical Research Transparency Act of 2022 . 2. Expansion of registry and results data bank to include costs of drug clinical trials (a) In general Section 402(j) of the Public Health Service Act ( 42 U.S.C. 282(j) ) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: (7) Creation of clinical trial cost data repository (A) Generally The Secretary, acting through the Director of NIH, shall create a publicly available Federal website to serve as a repository of cost data for all applicable drug clinical trials (in this paragraph referred to as the cost data repository ). Such repository shall be searchable by the following criteria: (i) The responsible party or sponsor of the applicable drug clinical trial, or any entity funding the applicable drug clinical trial. (ii) The name of the intervention, including any drug being studied in the applicable drug clinical trial. (iii) The study phase of the applicable drug clinical trial. (iv) The start date and completion date of the applicable drug clinical trial. (v) Such other criteria as the Secretary deems appropriate. (B) Cost data defined For purposes of this paragraph, the term cost data includes the following information: (i) The total cost of the applicable drug clinical trial. (ii) The cost of the trial per patient. (iii) Expenditures for each of the following categories: (I) Personnel. (II) Any intervention or treatment that is administered in one or more arms of the applicable drug clinical trial. (III) Materials and supplies. (IV) Health care services provided to subjects. (V) Site management. (VI) Laboratory. (VII) Equipment. (VIII) The allocable portion of any facilities costs, administrative costs, or other costs that are not solely attributable to the applicable drug clinical trial. (IX) Such other categories as the Secretary may identify by regulation. (C) Posting of clinical trial cost data (i) In general Except as provided in clause (iii), each responsible party of an applicable drug clinical trial shall post cost data for that trial to the cost data repository no later than 1 year after the completion date of the trial. (ii) Format and methodology of posting A cost data posting under clause (i) shall— (I) include individual data points for the information required under subparagraphs (B)(i) and (B)(ii), separated by year; (II) include individual data points for each category listed under subparagraph (B)(iii), separated by year; (III) limit the cost of the intervention or treatment under subparagraph (B)(iii)(II) to manufacturing costs unless the responsible party of the trial was required to purchase the intervention or treatment from an unaffiliated third party; (IV) include detailed documentation and methodology for the calculation of costs identified under subparagraph (B)(iii)(VIII); and (V) include a signed certification that the posted data is complete and accurate. (iii) Delayed posting of cost data and extensions (I) Seeking initial approval of drug, or approval of a new use If the responsible party for an applicable drug clinical trial submits a certification that paragraph (3)(E)(iv) or paragraph (3)(E)(v) applies to such trial, the responsible party shall post cost data under clause (i) at the time that clinical trial information is required to be submitted under the applicable paragraph. (II) Extension for good cause The Director of NIH may provide an extension of the deadline for posting of cost data under clause (i) if the responsible party for the trial submits to the Director a written request that demonstrates good cause for the extension and provides an estimate of the date on which the information will be posted. The Director of NIH may grant more than one such extension for a clinical trial, but under no circumstances shall an extension under this subclause extend beyond the date that is 18 months after the completion date of the trial. (III) Extension to establish necessary infrastructure If necessary to establish the necessary infrastructure to accept, organize, and post cost data submitted under clause (i), the Director of NIH may extend the deadline for the posting of cost data under clause (i) to not later than 2 years after the date of enactment of the Pharmaceutical Research Transparency Act of 2022 . (IV) Rule of construction This clause shall not be construed to have any effect on reporting obligations of the responsible party under provisions other than this paragraph. (D) Linking to cost data repository (i) Creation of field The Director of NIH shall create a field within the registry and results data bank to include an electronic link to the relevant cost data posting under subparagraph (C)(i). (ii) Posting The responsible party for an applicable drug clinical trial shall post in the field created under clause (i) a link to the relevant cost data posting no later than 5 days after initial posting of the cost data under subparagraph (C)(i). (E) Rulemaking (i) In general The Secretary shall promulgate regulations to carry out this paragraph that include— (I) definitions for each category of information identified in subparagraph (B); (II) standards for allocating fixed expenditures across multiple years of an applicable drug clinical trial; (III) a standard format for the submission and posting of cost data under this paragraph; (IV) procedures, standards, and requirements for the reporting documentation and methodology required under subparagraph (C)(ii)(IV); and (V) any other procedures, standards, or requirements necessary to ensure public transparency of cost data as required by this paragraph. (ii) Initial regulations The Secretary shall— (I) not later than one year after the date of enactment of the Pharmaceutical Research Transparency Act of 2022 , propose initial regulations under clause (i); and (II) not later than 2 years after such date of enactment, finalize such regulations. (F) Applicability The requirements of this paragraph apply only to applicable drug clinical trials with a start date on or after the date of enactment of the Pharmaceutical Research Transparency Act of 2022 . . (b) Conforming changes Section 402(j) of the Public Health Service Act ( 42 U.S.C. 282(j) ), as amended by subsection (a), is further amended— (1) in paragraph (1)(A)(iv), by striking paragraph (2) or under paragraph (3) and inserting paragraph (2), (3), or (7) ; (2) in paragraph (4)— (A) in subparagraph (A), by striking paragraph (2) or paragraph (3) and inserting paragraph (2), (3), or (7) ; and (B) in subparagraph (B)(i), by striking paragraphs (2) and (3) each place it appears and inserting paragraphs (2), (3), and (7) ; and (3) in paragraph (5)— (A) in subparagraph (A), by striking paragraphs (2) and (3) each place it appears and inserting paragraphs (2), (3), and (7) ; and (B) in subparagraph (E)(i), by striking paragraphs (2) or (3) and inserting paragraph (2), (3), or (7) . 3. Disclosure of research and development expenditures by drug manufacturers Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following: (s) Disclosure of research and development expenditures by drug manufacturers (1) Definitions In this subsection: (A) Drug The term drug means any product for which one or more components have been the subject of any of the following applications filed with the Food and Drug Administration: (i) A new drug application (or supplemental new drug application) filed under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ). (ii) A biologic product application (or supplemental application) filed under subsection (a) or (k) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). (B) Drug manufacturer issuer The term drug manufacturer issuer means an issuer that— (i) is required to file an annual report with the Commission under subsection (a); and (ii) engages in the development, manufacture, or marketing of any drug. (2) Disclosure (A) In general Subject to the other provisions of this paragraph, the Commission shall issue rules that require each drug manufacturer issuer’s annual report under subsection (a) to include information regarding the drug manufacturer issuer’s research and development expenditures with respect to— (i) a drug; and (ii) any preliminary research or development of a drug product or drug substance, as those terms are defined in section 314.3 of title 21, Code of Federal Regulations (or any successor regulation) for which the drug manufacturer issuer has not submitted an application described in clause (i) or (ii) of paragraph (1)(A). (B) Initial rules The Commission shall— (i) not later than 1 year after the date of enactment of the Pharmaceutical Research Transparency Act of 2022 , propose initial rules under subparagraph (A); and (ii) not later than 2 years after the date of enactment described in clause (i), finalize the rules required under subparagraph (A). (C) Required information The information required under subparagraph (A) shall include total expenditures, which shall be disaggregated to each stage of drug research and development, including— (i) basic research; (ii) pre-clinical research; (iii) phase I of a clinical investigation of a new drug, as described in section 312.21(a) of title 21, Code of Federal Regulations, or any successor regulation; (iv) phase II of a clinical investigation of a new drug, as described in section 312.21(b) of title 21, Code of Federal Regulations, or any successor regulation; (v) phase III of a clinical investigation of a new drug, as described in section 312.21(c) of title 21, Code of Federal Regulations, or any successor regulation; and (vi) post-market studies or clinical trials required under section 505(o) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(o) ). (D) Limitations calculation The calculation of expenditure information disclosed under subparagraph (A) shall not include the following information, although such information may be disclosed separately: (i) Costs incurred in connection with licensing agreements or acquiring intellectual property. (ii) The cost of mergers or acquisitions. (iii) Any intangible costs, including estimates, adjustments, and assumptions related to the risk of failure, or the risk associated with seeking regulatory approval by the Food and Drug Administration or another agency. (iv) The estimated cost of capital. (3) Consultation in rulemaking In issuing rules under this subsection, the Commission— (A) shall consult with the Commissioner of Food and Drugs and the Director of the National Institutes of Health; and (B) may consult with the head of any other Federal agency or entity that the Commission determines is relevant. . 4. Severability If any provision of this Act, an amendment made by this Act, or the application of any such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this Act, the amendments made by this Act, and the application of such provisions and amendments to any person or circumstance shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s4037is/xml/BILLS-117s4037is.xml |
117-s-4038 | II 117th CONGRESS 2d Session S. 4038 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Barrasso (for himself, Mrs. Feinstein , Mr. Cassidy , Mr. Luján , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To increase the production and use of renewable diesel and sustainable aviation fuel, and for other purposes.
1. Short title This Act may be cited as the Renewable Diesel and Sustainable Aviation Fuel Parity Act of 2022 . 2. Renewable diesel and sustainable aviation fuel production and imports (a) Definition of sustainable aviation fuel In this section, the term sustainable aviation fuel means liquid that— (1) meets the requirements of— (A) ASTM International Standard D7566; or (B) the coprocessing provisions of ASTM International Standard D1655, Annex A1; (2) is not derived from palm fatty acid distillates, palm oil, natural gas, coal, or petroleum; and (3) compared to petroleum-based jet fuel, has at least a 50 percent reduction in lifecycle greenhouse gas emissions, as measured in accordance with— (A) section 211(o)(1)(H) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(H) ); or (B) the methodology referenced in the most recent Carbon Offsetting and Reduction Scheme for International Aviation, as adopted by the International Civil Aviation Organization with the agreement of the United States. (b) Reported data Not later than January 1, 2025, the Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall include in the Petroleum Supply Monthly, Petroleum Supply Annual, Annual Energy Outlook, and any other relevant report of the Energy Information Administration, as determined by the Administrator of the Energy Information Administration, data on renewable diesel and sustainable aviation fuel, subject to subsection (c), including— (1) the type, origin, and volume of feedstock used in the production of— (A) renewable diesel— (i) in each State or, if appropriate, Petroleum Administration for Defense District, as applicable; (ii) in the United States; and (iii) to the maximum extent practicable, in each foreign country, as applicable; and (B) sustainable aviation fuel— (i) in each State or, if appropriate, Petroleum Administration for Defense District, as applicable; (ii) in the United States; and (iii) to the maximum extent practicable, in each foreign country, as applicable; (2) the total amount of renewable diesel— (A) produced— (i) in each State, as applicable; and (ii) in the United States; and (B) imported from— (i) each foreign country, as applicable; and (ii) all foreign countries, as applicable; and (3) the total amount of sustainable aviation fuel— (A) produced— (i) in each State, as applicable; and (ii) in the United States; and (B) imported from— (i) each foreign country, as applicable; and (ii) all foreign countries, as applicable. (c) Reporting requirements Data published under subsection (b) shall— (1) be obtained using an accounting methodology that— (A) is consistent with generally accepted accounting principles; and (B) ensures no double counting of feedstock or fuel; and (2) be consistent with restrictions necessary to protect competitively sensitive information, in accordance with— (A) section 552 of title 5, United States Code; (B) section 1905 of title 18, United States Code; and (C) section 1004.11 of title 10, Code of Federal Regulations (or a successor regulation). 3. Amendments to the Energy Policy Act of 2005 (a) Bioenergy program Section 932(b)(5) of the Energy Policy Act of 2005 ( 42 U.S.C. 16232(b)(5) ) is amended by inserting , including regenerative farming practices after feedstocks . (b) Incentives for innovative technologies Section 1703(b)(10) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b)(10) ) is amended by striking at which crude oil is refined into gasoline. and inserting the following: at which— (A) crude oil is refined into gasoline; or (B) animal fats, vegetable oils, waste streams from materials from biogenic origin, or renewable biomass (as defined in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ), but excluding palm fatty acid distillates and palm oil) are refined into— (i) renewable diesel; (ii) renewable gasoline; (iii) renewable naphtha; or (iv) sustainable aviation fuel (as defined in section 2(a) of the Renewable Diesel and Sustainable Aviation Fuel Parity Act of 2022 ). . 4. Amendments to the Energy Independence and Security Act of 2007 Section 205 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17021 ) is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (B) in the matter preceding subparagraph (A) (as so redesignated), by striking Not later than and inserting the following: (1) In general Not later than ; and (C) by adding at the end the following: (2) Renewable diesel Renewable diesel or renewable diesel blends that meet ASTM D975 diesel specifications shall not require any additional label. ; and (2) in subsection (c)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (2), respectively, and moving the paragraphs so as to appear in numerical order; (B) in paragraph (2) (as so redesignated)— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as so redesignated), by striking The term and inserting the following: (A) In general The term ; and (iii) by adding at the end the following: (B) Exclusion The term biodiesel does not include renewable diesel that meets or exceeds ASTM D975 diesel specifications. ; (C) in paragraph (3) (as so redesignated)— (i) by striking The term and inserting the following: (A) In general The term ; and (ii) by adding at the end the following: (B) Exclusion The term biomass-based diesel does not include renewable diesel that meets or exceeds ASTM D975 diesel specifications. ; and (D) by adding at the end the following: (5) Renewable diesel The term renewable diesel means diesel produced by refining animal fats, vegetable oils, waste streams from materials from biogenic origin, or renewable biomass (as defined in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ), but excluding palm fatty acid distillates and palm oil) in a manner that results in a hydrocarbon oil that— (A) has a chemical structure similar to diesel; and (B) meets ASTM D975 diesel specifications. (6) Renewable diesel blend The term renewable diesel blend means a blend that contains— (A) renewable diesel; and (B) petroleum-based diesel fuel. . | https://www.govinfo.gov/content/pkg/BILLS-117s4038is/xml/BILLS-117s4038is.xml |
117-s-4039 | II 117th CONGRESS 2d Session S. 4039 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Thune (for himself, Mr. Brown , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Secretary of Health and Human Services to provide guidance to States regarding Federal reimbursement for furnishing behavioral health services and treatment under Medicaid and the Children's Health Insurance Program using telehealth services, and for other purposes.
1. Short title This Act may be cited as the Medicaid Ensuring Necessary Telehealth is Available Long-term Health for Kids and Underserved Act or the MENTAL Health for Kids and Underserved Act . 2. Guidance to States on furnishing behavioral health services via telehealth under Medicaid and CHIP Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall issue guidance to States on the following: (1) State options for Federal reimbursement of expenditures under Medicaid and the Children's Health Insurance Program for furnishing clinically appropriate services and treatment for behavioral health needs, including assessment, counseling, and medication management, using telehealth services. Such options shall include, to the extent appropriate, options for States to receive Federal reimbursement for such expenditures without the need for approval of a State plan amendment or waiver. Such guidance shall also include guidance on furnishing services and treatments that address the needs of high-risk individuals, including racial and ethnic minorities, such as American Indians and Alaska Natives. (2) State options for Federal reimbursement of expenditures under Medicaid and the Children's Health Insurance Program for furnishing clinically appropriate behavioral health services and treatment to school-aged youth and teens enrolled in Medicaid or the Children's Health Insurance Program using telehealth services. Such options shall include, to the extent appropriate, options for States to receive Federal reimbursement for such expenditures without the need for approval of a State plan amendment or waiver. (3) Best practices for integrating clinically appropriate behavioral health provided via telehealth services covered by a State plan for medical assistance under title XIX of the Social Security Act (or a waiver of such a plan) or a State plan for child health assistance under title XXI of such Act (or a waiver of such a plan) into school-based settings, including full-service community schools. Such best practices shall include resources and information specifically for educators and other school-based staff on how to recognize signs of distress in high-risk students and make appropriate referrals for school-based behavioral health services. (4) Best practices for evaluating how utilizing clinically appropriate telehealth services for behavioral health services and treatment affects outcomes, as well as costs. (5) Best practices for monitoring fraud, waste, and abuse that may occur during behavioral health services furnished through telehealth services covered under Medicaid and the Children's Health Insurance Program. 3. Report to Congress on behavioral health services under Medicaid and CHIP Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the impact of telehealth on access, cost, and quality of behavioral health services offered to beneficiaries under the Medicaid program and the Children's Health Insurance Program, including specific information on the impact of telehealth on access to and the quality of behavioral health services in schools. | https://www.govinfo.gov/content/pkg/BILLS-117s4039is/xml/BILLS-117s4039is.xml |
117-s-4040 | II 117th CONGRESS 2d Session S. 4040 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Reed (for himself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend subtitle IV of title 46, United States Code, with respect to ship agents, and for other purposes.
1. Short title This Act may be cited as the Ship Agent Licensure Act of 2022 . 2. Definitions Section 40102 of title 46, United States Code, is amended— (1) by redesignating paragraphs (22) through (26) as paragraphs (23) through (27), respectively; and (2) by inserting after paragraph (21) the following: (22) Ship agent The term ship agent means a person— (A) engaged in the business of representing a ship’s owner, operator, or charterer (referred to in this paragraph as the principal ) in performing carriage while in a port of the United States; and (B) who is responsible to the principal for— (i) port entry, berthing, and departure; (ii) port husbandry services; (iii) crew changes and repatriations; (iv) receiving or releasing cargo on behalf of the principal; or (v) interfacing with various Federal agencies with respect to port safety, supply chain efficiency, maritime security, and the environment; and (C) who is not owned or controlled by a common carrier or cruise line. . 3. Ship agents (a) In general Title 46, United States Code, is amended by inserting after chapter 409 the following: 410 Ship agents Sec. 41001. Definition of Commission. 41002. License requirement. 41003. Financial responsibility. 41004. Suspension or revocation of license. 41001. Definition of Commission In this chapter, the term Commission means the Federal Maritime Commission. 41002. License requirement (a) In general Subject to subsection (b), a person in the United States shall not advertise, hold oneself out, or act as a ship agent or provide ship agent services in the United States unless the person is domiciled in the United States and holds a license issued by the Commission. The Commission shall issue a license to a person that the Commission determines to be qualified by experience and character to act as a ship agent. (b) Exception A person whose primary business is the provision of ocean transportation by water may provide ship agent services for its own account without a ship agent license under this section. (c) Qualifications The Commission shall establish such other ship agent qualifications as are necessary. In establishing qualifications, the Commission shall consider recognized national and international standards for ship agency. 41003. Financial responsibility (a) In general A person may not advertise, hold oneself out, or act as a ship agent unless the person furnishes a bond, proof of insurance, or other surety in a form and amount determined by the Commission to insure financial responsibility. (b) Scope of financial responsibility A bond, insurance, or other surety obtained under this section— (1) shall be available to pay any penalty assessed under section 41109 of this title or any order for reparation issued under section 41305 of this title; (2) may be available to pay any claim against a ship agent arising from its ship agency services— (A) with the consent of the insured ship agent and subject to review by the surety company; or (B) when the claim is determined valid by the surety company after the ship agent has failed to respond to adequate notice to address the validity of the claim; and (3) shall be available to pay any judgment for damages against a ship agent arising from its ship agency services, if the claimant has first attempted to resolve the claim under paragraph (2) and the claim has not been resolved within a reasonable period of time. (c) Regulations on court judgments The Commission shall prescribe regulations for the purpose of protecting the interests of claimants, ship agents, and surety companies with respect to the process of pursuing claims against ship agent bonds, insurance, or sureties through court judgments. The regulations shall provide that a judgment for monetary damages may not be enforced except to the extent that the damages claimed arise from the ship agency services of the insured ship agent, as defined by the Commission. 41004. Suspension or revocation of license (a) Failure To maintain qualifications or To comply The Commission, after notice and opportunity for a hearing, shall suspend or revoke a ship agent license if the Commission finds that the ship agent— (1) is not qualified to provide ship agency services; or (2) willfully failed to comply with a provision of this part or with an order or regulation of the Commission. (b) Failure To maintain bond, proof of insurance, or other surety The Commission may revoke a ship agent license for failure to maintain a bond, proof of insurance, or other surety as required by section 41002(a) of this title. . (b) Conforming amendments for tables of chapters The table of chapters at the beginning of title 46, United States Code, and at the beginning of subtitle IV of such title are each amended by inserting after the item relating to chapter 409 the following: 410. Ship Agents 41001. . | https://www.govinfo.gov/content/pkg/BILLS-117s4040is/xml/BILLS-117s4040is.xml |
117-s-4041 | II 117th CONGRESS 2d Session S. 4041 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Reed (for himself, Ms. Collins , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To promote environmental literacy.
1. Short title This Act may be cited as the No Child Left Inside Act of 2022 . 2. Findings Congress finds the following: (1) Hands-on experiences in nature help build stronger, smarter, and happier children. (2) Children and young adults are increasingly disconnected from the natural world around them, spending less time outside playing, exploring, and learning. (3) Quality education for students includes regular opportunities to make connections outside of the classroom. (4) Environmental education, when integrated across the curriculum, has positive impacts on the development of important skills, such as critical thinking, problem solving, and citizenship and leadership skills. (5) Every student should have the opportunity to participate in residential outdoor education programs or comparable outdoor education programs. (6) Outdoor and environmental education programs have been shown to build critical thinking skills and leadership skills, and can improve student attendance and retention rates. (7) Colleges, universities, and higher education associations play a critical role in cultivating the next generation of scientists, engineers, educators, planners, and business leaders for 21st century careers in the public and private sectors. (8) Environmental education, as part of the formal prekindergarten through grade 12 school curriculum, has positive impacts on student achievement in all subjects, and especially in science, reading, mathematics, and social studies, and improves critical thinking skills, enthusiasm for learning, stewardship, and healthy lifestyles. (9) The Partnership for 21st Century Learning identified environmental literacy as one of the key interdisciplinary themes critical to helping students to acquire the skills, knowledge, and expertise necessary to succeed in work and life. (10) The Programme for International Student Assessment (PISA) rankings find that the United States is falling behind other nations in preparing students with the educational tools necessary to compete for the growing opportunities in the sciences, including careers related to the environment, natural resources, and energy. (11) Forty-six States have developed, or are in the process of developing, environmental literacy plans to effectively integrate environmental education into the prekindergarten through grade 12 curriculum and to ensure that students graduate from high school environmentally literate. (12) Support from the Department of Education is needed to help State and local educational agencies, and the partners of such agencies, implement environmental literacy plans and advance State curriculum frameworks for environmental and natural resource education that meets new State academic content and student achievement standards. (13) Federal science agencies, natural resource agencies, and other agencies have important resources, including Federal lands and laboratories, content experts, data, and programs, that can inform and support State and local environmental literacy policies and programming. 3. Environmental literacy Title IV ( 20 U.S.C. 7101 et seq. ) of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: G Environmental literacy 4701. Definitions In this part: (1) Eligible partnership The term eligible partnership means a partnership that includes a local educational agency and not less than 1 of the following partners: (A) A Federal, State, regional, or local environmental or natural resource management agency, or parks and recreation department, that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers. (B) A nonprofit organization that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers, such as— (i) museums, as defined in section 273 of the Museum and Library Services Act ( 20 U.S.C. 9172 ); (ii) a teacher preparation program at an institution of higher education; (iii) the environmental or life sciences department of an institution of higher education; (iv) another local educational agency, a public charter school, a public elementary school or secondary school, or a consortium of such schools; (v) nature centers; or (vi) organizations with environmental education programming. (2) Environmental literacy The term environmental literacy means— (A) a fundamental understanding of ecological principles, the systems of the natural world, the relationships and interactions between natural and man-made environments, and the skills to apply such understanding in real-world settings; and (B) having the ability, both individually and together with others, to make informed decisions concerning the environment, having the will to act on those decisions to improve the well-being of other individuals, societies, and the global environment, and participating in civic life. (3) Environmental literacy plan The term environmental literacy plan means a plan developed, approved, or sponsored by a State educational agency in consultation with State environmental agencies, State environmental education associations, and State natural resource agencies, and with input from the public, that— (A) prepares students to understand ecological principles, the systems of the natural world, and the relationships and interactions between natural and man-made environments, and to apply such knowledge in real-world settings; (B) provides field and hands-on experiences as part of the regular school curriculum and creates programs that contribute to healthy lifestyles through outdoor recreation and sound nutrition; (C) provides environmental service learning opportunities; (D) provides targeted professional development opportunities for teachers that improve— (i) environmental and natural resource content knowledge of teachers; (ii) pedagogical skills in teaching about the environment, including the use of— (I) interdisciplinary, field-based, and research-based learning; and (II) science, technology, engineering, and mathematics content knowledge and tools; and (iii) the ability and confidence to use school buildings and grounds as a context for learning; (E) describes the measures the State will use to assess the environmental literacy of students, including— (i) relevant State academic content standards and content areas regarding environmental education, and courses or subjects where environmental education instruction will be integrated throughout the prekindergarten through grade 12 curriculum; and (ii) a description of the relationship of the plan to the secondary school graduation requirements of the State; (F) describes the outdoor learning spaces the State makes available to local educational agencies; (G) describes how the State educational agency will implement the plan, in partnership with nongovernmental organizations, Federal agencies, State environmental agencies, State environmental education associations, State natural resource agencies, and local educational agencies, including how the State educational agency will secure funding and other necessary support; (H) is periodically updated by the State educational agency not less often than every 5 years; (I) utilizes school building and grounds as a context for learning; (J) describes teacher professional development needs; and (K) develops and describes a plan to adopt best management practices for early childhood environmental education, including guidelines for time in outdoors, outdoor space design, and learning context. (4) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) with respect to which not less than 20 percent of the children served by the agency are children from low-income families; (B) that serves not fewer than 10,000 children from low-income families; (C) that meets the eligibility requirements for funding under section 5211(b); or (D) that meets the eligibility requirements for funding under section 5221(b). (5) High-need school The term high-need school means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more. (6) Outdoor school education program The term outdoor school education program means a multi-day educational program that delivers outdoor hands-on learning experiences, and that— (A) addresses community needs and contexts; (B) takes place in a residential or day program setting; (C) provides field study opportunities for students; (D) is integrated with local school curricula and support students in meeting State standards; and (E) provides students with opportunities to develop leadership, critical thinking, and problem solving skills. 4702. Grants for implementation of environmental literacy plans (a) Program authorized From amounts appropriated to carry out this section, the Secretary shall award grants to States to enable the States to award subgrants, on a competitive basis, to eligible partnerships to support the implementation of the State environmental literacy plan. (b) Application (1) In general A State that desires a grant 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) Contents Each application under this subsection shall— (A) include the State’s environmental literacy plan and information on the status of implementation of such plan; (B) describe how funds received under this section will assist the State in furthering the implementation of the State’s environmental literacy plan; (C) describe the process the State will use to make subgrants to eligible partnerships; and (D) describe the process the State will use to evaluate the impact of the activities assisted under this section. (c) Peer review The Secretary shall— (1) establish a peer review process to assist in the review of grant applications under this section; (2) appoint individuals to the peer review process who— (A) are representative of parents, teachers, State educational agencies, State environmental agencies, State natural resource agencies, local educational agencies, and nongovernmental organizations; and (B) are familiar with national environmental issues and the health and educational needs of students; and (3) include, in the peer review process, appropriate representatives from the Department of Commerce, the Department of the Interior, the Department of Energy, the Environmental Protection Agency, and other appropriate Federal agencies, to provide environmental expertise and background for evaluation of the State environmental literacy plan. (d) Administrative expenses A State receiving a grant under this section may use not more than 2.5 percent of the grant funds for administrative expenses. (e) State educational agency report (1) In general Each State receiving a grant under this section shall prepare and submit an annual report to the Secretary containing information about— (A) the implementation of the environmental literacy plan; and (B) the grant activities supported under this section. (2) Report requirements The report required by this section shall be— (A) in the form specified by the Secretary; (B) based on the State’s ongoing evaluation activities; and (C) made readily available to the public. (f) Subgrants authorized (1) Subgrants to eligible partnerships From amounts made available to a State educational agency under subsection (a), the State educational agency shall award subgrants, on a competitive basis, to eligible partnerships serving the State, to enable the eligible partnerships to carry out the authorized activities described in subsection (h). (2) Duration The State educational agency shall award each subgrant under this section for a period of not more than 3 years. (3) Priority In making subgrants under this section, a State shall give priority to eligible partnerships that include a high-need local educational agency. (4) Supplement, not supplant Funds provided to an eligible partnership under this section shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this section. (g) Application requirements (1) In general Each eligible partnership desiring a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and accompanied by such information as the State educational agency may require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of teacher professional development needs with respect to the teaching and learning of environmental content; (B) a description of how the eligible partnership will utilize school facilities and grounds as tools for teaching and learning of environmental content; (C) an explanation of how the activities to be carried out by the eligible partnership are expected to improve student academic achievement and strengthen the quality of environmental instruction; (D) a description of how the activities to be carried out by the eligible partnership— (i) will be aligned with challenging State academic content standards and student academic achievement standards under section 1111(b)(1) in environmental education, to the extent such standards exist, and with the State’s environmental literacy plan; and (ii) will advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems, and that include strong field components in which students have the opportunity to directly experience nature through outdoor environmental learning; (E) a description of how the activities to be carried out by the eligible partnership will ensure that teachers are trained in the use of field-based or service learning to enable the teachers— (i) to use the local environment and community as a resource; and (ii) to improve student understanding of the environment and increase academic achievement; (F) a description of— (i) how the eligible partnership will carry out the authorized activities described in subsection (h); and (ii) the eligible partnership’s evaluation and accountability plan described in subsection (i); and (G) a description of how the eligible partnership will continue the activities funded under this section after the grant period has expired. (h) Authorized activities An eligible partnership shall use the subgrant funds provided under this section for 1 or more of the following activities related to elementary schools or secondary schools: (1) Providing targeted, job-embedded professional development opportunities for teachers that improve the teachers’ environmental content knowledge and pedagogical skills in teaching about the environment, including in the use of— (A) interdisciplinary, research-based, and field-based learning; and (B) technology in the classroom. (2) Establishing and operating environmental education summer workshops or institutes, including follow-up professional development for elementary and secondary school teachers, and preschool teachers, as appropriate, to improve pedagogical skills and content knowledge for the teaching of environmental education. (3) Developing or redesigning more rigorous environmental education curricula that— (A) are aligned with challenging State academic content standards in environmental education, to the extent such standards exist, and with the State environmental literacy plan; and (B) advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems and that include strong field components. (4) Designing programs to prepare teachers at a school to provide mentoring and professional development to other teachers at such school to improve teacher environmental education content knowledge and pedagogical skills. (5) Establishing and operating programs to bring teachers and students into contact with working professionals in environmental fields to deepen such teachers’ knowledge of environmental content and research practices. (6) Creating initiatives that seek to incorporate environmental education within teacher training programs or accreditation standards, consistent with the State environmental literacy plan. (7) Promoting the integration of outdoor environmental education lessons into the regular school curriculum and schedule in order to further the knowledge and professional development of teachers and help students directly experience nature. (8) Creating or improving outdoor learning spaces on school grounds. (i) Evaluation and accountability plan (1) In general Each eligible partnership receiving a subgrant under this section shall develop an evaluation and accountability plan for activities assisted under this section that includes rigorous objectives that measure the impact of such activities. (2) Contents The plan developed under paragraph (1) shall include measurable objectives to increase the number of teachers who participate in environmental education content-based professional development activities. (j) Report by eligible partnerships Each eligible partnership receiving a subgrant under this section shall report annually, for each year of the subgrant, to the State educational agency regarding the eligible partnership’s progress in meeting the objectives described in the accountability plan of the eligible partnership under subsection (i). (k) Authorization of appropriations There are authorized to be appropriated $150,000,000 to carry out this section for fiscal year 2023 and each of the 4 succeeding fiscal years. 4703. Outdoor school education pilot program (a) Grants authorized From funds appropriated to carry out this section, the Secretary shall make grants to eligible partnerships to establish or expand outdoor school education programs. (b) Application (1) In general An eligible partnership that desires a grant 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) Contents Each application under this subsection shall describe the outdoor school education program to be carried out and how such program will— (A) improve student academic achievement as defined in the State plan under section 1111(c); (B) promote the development of leadership skills; (C) increase student engagement in education; (D) improve critical thinking skills; (E) provide opportunities for civic engagement and service learning; (F) address inequities of outdoor educational opportunities for underserved children in the State; and (G) improve student access to, and success in, well-rounded educational experiences. (c) Priority The Secretary shall give priority to applicants that propose to serve high-need schools. (d) Geographic diversity In making awards under this section, the Secretary shall ensure that grants are awarded to eligible partnerships serving urban, rural, and suburban local educational agencies. (e) Required uses of funds Eligible partnerships awarded grants under this section shall use such funds for outdoor school education programs that— (1) provide a residential, hands-on educational experience, or an equivalent combination of classroom-based and outdoor educational experience, that reflects local community needs and contexts, featuring field study opportunities for students, which may include learning about— (A) soil, water, plants, and animals; (B) the role of natural resources industries, including timber, agriculture, fisheries, and others, in the economy of the State; (C) the interrelationship of nature, natural resources, economic development, and career opportunities in the State; and (D) the importance of the State’s environmental and natural resources; (2) are integrated with local school curricula in a manner that assists students in meeting State standards related to science, technology, engineering, and mathematics, and international standards related to science; (3) provide students with opportunities to develop leadership, critical thinking, and decisionmaking skills; (4) provide students with opportunities to learn about the interdependence of urban and rural areas; and (5) provide professional development for educators to effectively implement outdoor school education programs. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2023 and each of the 4 succeeding fiscal years. 4704. Report to Congress Not later than 2 years after the date of enactment of the No Child Left Inside Act of 2022 and every 2 years thereafter, the Secretary shall submit a report to Congress that— (1) describes the programs assisted under this part; (2) documents the success of such programs in improving national and State environmental education capacity; and (3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part. . 4. Conforming amendment The table of contents in section 2 is amended by inserting after the item relating to section 4644 the following: PART G—Environmental literacy Sec. 4701. Definitions. Sec. 4702. Grants for implementation of environmental literacy plans. Sec. 4703. Outdoor school education pilot program. Sec. 4704. Report to Congress. . 5. Availability of other environmental literacy information (a) Other Federal agency environmental literacy assistance programs The Secretary of Education shall request that all Federal agencies provide information on any environmental literacy assistance program operated, sponsored, or supported by such Federal agency, including information about the application procedures, financial terms and conditions, and other relevant information for each program, and each Federal agency shall promptly respond to surveys or other requests from the Secretary of Education for the information described in this subsection. (b) Public information The Secretary of Education shall ensure that not later than 90 days after the Secretary of Education receives the information required under subsection (a), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each environmental literacy assistance program offered by another Federal agency are searchable and accessible through the Department of Education’s website and cross-referenced with the United States Green Ribbon School application information, in a manner that is simple and understandable for local educational agencies and communities. 6. Federal interagency coordination on environmental literacy (a) In general The Secretary of Education shall coordinate environmental literacy activities between the Department of Education, the Department of Agriculture, the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce, the Department of Health and Human Services, the National Science Foundation, the Institute of Museum and Library Services, and the National Aeronautics and Space Administration, including by carrying out the activities described in subsection (b). (b) Coordination activities In coordinating environmental literacy activities, the Secretary of Education shall— (1) assess Federal environmental education programs, goals, and budget items across agencies; (2) assess environment-based science, technology, engineering, and mathematics achievement to demonstrate that learning about and in the environment is an effective strategy for increasing engagement in learning and academic achievement in science, technology, engineering, and mathematics subject areas; and (3) produce adaptable environmental literacy plan guidelines and identify coordinated resources across Federal agencies that States and local educational agencies can follow as States and local educational agencies work to develop environmental literacy plans and programs of their own. (c) Advisory panel The Secretary of Education shall appoint an advisory panel of stakeholders, including representatives from State educational agencies, local educational agencies, businesses, and nonprofit organizations that are engaged in local environmental literacy efforts representing the geographic, economic, and cultural diversity of the United States, who shall meet quarterly to advise and support interagency planning and assessment regarding environmental literacy activities. (d) Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Education, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce shall prepare and submit a joint report to Congress containing information about the coordination of environmental literacy activities between Federal agencies. | https://www.govinfo.gov/content/pkg/BILLS-117s4041is/xml/BILLS-117s4041is.xml |
117-s-4042 | II 117th CONGRESS 2d Session S. 4042 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Blumenthal (for himself, Mr. Cramer , Ms. Baldwin , and Mr. Wicker ) 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 provide Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license, and for other purposes.
1. Short title This Act may be cited as the Chiropractic Medicare Coverage Modernization Act of 2022 . 2. Findings; Statement of purpose (a) Findings Congress finds the following: (1) In 1972, coverage was established under the Medicare program for beneficiaries to receive chiropractic care. (2) Unfortunately, the antiquated statute restricts beneficiaries to one service in a chiropractic clinic and Medicare chiropractic coverage has not kept up with private sector coverage and other Federal health delivery systems. (3) Today, due to positive evidence-based outcomes and cost effectiveness of the services provided by doctors of chiropractic, private coverage for chiropractic services has evolved and State licensure for chiropractors has advanced to meet patient needs and health outcomes. (4) This Act would bring Medicare chiropractic coverage more in line with that provided with the Department of Veterans Affairs, Department of Defense, the Federal Employee Health Benefits Program, and private health insurance coverage. (b) Purpose It is the purpose of this Act to expand recognition and coverage of a doctor of chiropractic as a physician under the Medicare program in connection with the performance of any function or action, including current service of manual manipulation of the spine to correct a subluxation , as is legally authorized by the State in which such doctor performs such function or action. 3. Providing Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license (a) In general Section 1861(r)(5) of the Social Security Act ( 42 U.S.C. 1395x(r)(5) ) is amended by striking a chiropractor who is licensed as such by the State (or in a State which does not license chiropractors as such, is legally authorized to perform the services of a chiropractor in the jurisdiction in which he performs such services), and who meets uniform minimum standards promulgated by the Secretary, but only for the purpose of sections 1861(s)(1) and 1861(s)(2)(A) and only with respect to treatment by means of manual manipulation of the spine (to correct a subluxation) which he is legally authorized to perform by the State or jurisdiction in which such treatment is provided and inserting a doctor of chiropractic who is licensed as a doctor of chiropractic or a chiropractor by the State in which the function or action is performed and whose license provides legal authorization to perform such function or action in such State or in the jurisdiction in which the function or action is performed . (b) Certain coverage limits Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended by adding at the end the following new subsection: (ee) Limitation on payment of services provided by certain doctors of chiropractic Notwithstanding any other provision of this part, in the case of services of a doctor of chiropractic described in section 1861(r)(5), payment may only be made under this part for such services if— (1) such services are furnished by a doctor of chiropractic who is verified once, by a process designed by the Secretary, as attending an educational documentation webinar, or other similar electronic product, designed by the Secretary or an updated modified version of such webinar, as designed by the Secretary; or (2) such services are treatment by means of manual manipulation of the spine to correct a subluxation. . | https://www.govinfo.gov/content/pkg/BILLS-117s4042is/xml/BILLS-117s4042is.xml |
117-s-4043 | II 117th CONGRESS 2d Session S. 4043 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Warren (for herself, Mr. Grassley , Ms. Hassan , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To instruct the Secretary of Health and Human Services to issue regulations regarding over-the-counter hearing aids.
1. Short title This Act may be cited as the Delivering Over-the-Counter Hearing Aids Now Act . 2. Findings Congress finds the following: (1) More than 38,000,000 individuals in the United States experience some degree of hearing loss. (2) Difficulty hearing is reported by half of individuals 75 years and older, and nearly 1 in 3 individuals between the ages of 65 and 75. (3) Individuals with hearing loss are at a greater risk of developing Alzheimer’s disease and Alzheimer’s disease related dementia. (4) Individuals in the United States with hearing loss are more likely to experience feelings of loneliness and isolation, which have been exacerbated by the COVID–19 pandemic. (5) Despite the prevalence of hearing loss, only 1 in 5 individuals who could benefit from a hearing aid use one. (6) The high cost of hearing aids, which are not generally covered by private health insurance plans or under traditional Medicare, makes them prohibitively expensive for many individuals in the United States and limits access. (7) The provisions addressing the regulation of over-the-counter hearing aids were enacted in 2017 as part of the FDA Reauthorization Act of 2017 ( Public Law 115–52 ), which removes outdated regulations blocking consumer access to affordable hearing aids and allows certain types of hearing aids to be made available over-the-counter to individuals in the United States with mild to moderate hearing loss. (8) The law required the Food and Drug Administration to issue implementing regulations not later than 3 years following the date of enactment of the FDA Reauthorization Act of 2017 ( Public Law 115–52 ), but the Food and Drug Administration did not issue a proposed rulemaking for more than 4 years. (9) The law further required the Food and Drug Administration to issue a final rule not later than 180 days following the end of the public comment period for the proposed rule. The public comment period closed on January 18, 2022. 3. Instruction to issue final rule Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue a final rule to establish a category of over-the-counter hearing aids, as defined in subsection (q) of section 520 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360j ), as described in section 709(b) of the FDA Reauthorization Act of 2017 ( Public Law 115–52 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4043is/xml/BILLS-117s4043is.xml |
117-s-4044 | II 117th CONGRESS 2d Session S. 4044 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Hickenlooper (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Disaster Recovery Reform Act of 2018 to require the President to automatically waive certain critical document fees for individuals and households affected by major disasters for which assistance is provided under the Individuals and Households Program.
1. Short title This Act may be cited as the Replacing Essential Passports and Licenses After Certain Emergencies Act or the REPLACE Act . 2. Critical document fee waiver Section 1238(a) of the Disaster Recovery Reform Act of 2018 ( 42 U.S.C. 5174b ) is amended— (1) in paragraph (2), by striking applies regardless and inserting and the requirement of the President to waive fees under paragraph (4) apply regardless ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) Mandatory automatic waiver The President, in consultation with the Governor of a State, shall automatically provide a fee waiver described in paragraph (1) to an individual or household that has been adversely affected by a major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 )— (A) for which the President provides assistance to individuals and households under section 408 of that Act ( 42 U.S.C. 5174 ); and (B) that destroyed a critical document described in paragraph (1) of the individual or household. . | https://www.govinfo.gov/content/pkg/BILLS-117s4044is/xml/BILLS-117s4044is.xml |
117-s-4045 | II 117th CONGRESS 2d Session S. 4045 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Baldwin (for herself and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the Federal Aviation Administration to establish a pilot program to provide flight training services to veterans.
1. Short title This Act may be cited as the American Aviator Act . 2. Pilot program to provide flight training services to veterans (a) In general The Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ), in consultation with the Secretary of Education and the Secretary of Veterans Affairs, shall enter into agreements with flight schools to provide assistance in the form of grants to eligible entities to provide flight training services to veterans. (b) Eligible entity For purposes of this section, the term eligible entity means a pilot school that— (1) holds a training certificate under part 141 of title 14, Code of Federal Regulations; and (2) has an established employment pathway with at least one commercial air carrier operating under part 121 or 135 of title 14, Code of Federal Regulations. (c) Priority application In selecting eligible entities to award grants to under this section, the Administrator shall give priority to eligible entities that meet either of the following: (1) The entity is accredited by the Department of Education. (2) The entity holds a restricted airline transport pilot (R–ATP) letter of authorization, as specified under part 61 of title 14, Code of Federal Regulations. (d) Considerations in selection In selecting eligible entities to award grants to under this section, the Administrator shall consider the following: (1) The eligible entity's pass rate for students, as measured by part 141 of title 14, Code of Federal Regulations. (2) The total estimated cost per veteran to complete the eligible entity's program. (3) The anticipated time from start of training under the eligible entity's program to employment. (4) The eligible entity's graduate placement percentage. (5) The eligible entity's use of advance technology and simulation. (e) Use of funds Amounts from a grant received by an eligible entity under the pilot program shall be used for the following: (1) To case manage and support veterans for flight training services. (2) To provide guidance and flight training services to the veterans enrolled, including additional training required to reach proficiency, for the following certificates and ratings: (A) Private pilot certificate. (B) Instrument rating. (C) Commercial pilot certificate. (D) Multi-engine rating. (E) Certificated flight instructor single engine certificate, if applicable to degree sought. (F) Certificated flight instructor multi-engine certificate, if applicable to degree sought. (G) Certificated flight instructor instrument certificate, if applicable to degree sought. (3) To provide applicable program tuition, books, training materials, and equipment. (4) To provide periodic reports to the Administrator on use of the grant funds, including documentation of training completion of the certificates and ratings described in subparagraphs (A) through (G) of paragraph (2). (f) Coordination with veterans education benefits In the event a veteran participates in the pilot program who is entitled to educational assistance for veterans under the laws administered by the Secretary of Veterans Affairs— (1) any costs of the veteran in participation in the pilot program that are covered by such educational assistance shall be borne by the veteran using such educational assistance; and (2) any costs incurred by the veteran in participation in the pilot program that are not covered by such educational assistance, including the cost of a private pilot license, may be borne by the eligible entity concerned using grant amounts awarded to the eligible entity for purposes of the pilot program. (g) Appropriations To carry out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2023 through 2028. | https://www.govinfo.gov/content/pkg/BILLS-117s4045is/xml/BILLS-117s4045is.xml |
117-s-4046 | II 117th CONGRESS 2d Session S. 4046 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Social Security Act to remove the restriction on the use of Coronavirus State Fiscal Recovery funds, to amend the Internal Revenue Code of 1986 to codify the Trump administration rule on reporting requirements of exempt organizations, and for other purposes.
1. Short title This Act may be cited as the Simplify, Don’t Amplify the IRS Act . I Coronavirus State Fiscal Recovery funds 101. Removal of restriction of use of Coronavirus State Fiscal Recovery funds (a) In general Paragraph (2) of section 602(c) of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021, is amended to read as follows: (2) Further restriction on use of funds No State or territory may use funds made available under this section for deposit into any pension fund. . (b) Conforming amendments Section 602 of such Act is further amended— (1) in subsection (d)(2)(A), by striking , including, in the case of a State or a territory, all modifications to the State's or territory's tax revenue sources during the covered period ; (2) in subsection (e), by striking such subsection, and all that follows through the period and inserting such subsection. ; and (3) in subsection (g)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively. (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Rescue Plan Act of 2021. II Provisions relating to tax administration and taxpayer protection 201. Preventing weaponization of the Internal Revenue Service (a) Organizations exempt from reporting (1) Gross receipts threshold Clause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000 . (2) Organizations described Subparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting a semicolon, and (C) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States. . (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (b) Clarification of application to section 527 organizations (1) In general Paragraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (B) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a). . (2) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Reporting of names and addresses of contributors (1) In general Paragraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization. . (2) Application to section 527 organizations Paragraph (2) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of subparagraph (A), (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and . (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. 202. Limitation on taxpayer funded union official time for Internal Revenue Service employees (a) In general Section 7131 of title 5, United States Code, is amended by adding at the end the following: (e) The authority provided under subsection (d) shall not apply with respect to the Internal Revenue Service, or an employee of the Internal Revenue Service, during the period each year beginning on February 12 and ending on April 15. . (b) Conforming amendment Section 7131(d) of title 5, United States Code, is amended, in the matter preceding paragraph (1), by striking preceding and inserting other . (c) Application The amendments made by subsections (a) and (b) shall apply to any collective bargaining agreement entered into after the date of enactment of this section. 203. Protecting taxpayer privacy (a) Increase of penalty for unauthorized disclosure of taxpayer information (1) In general Paragraph (1) of section 7213(a) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $250,000 . (2) Disclosures by tax return preparers Subsection (a) of section 7216 of the Internal Revenue Code of 1986 is amended by striking $1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies) and inserting $250,000 . (3) Effective date The amendments made by this subsection shall apply to disclosures made on or after the date of the enactment of this Act. (b) Removal (1) In general Section 7701(c)(1)(A) of title 5, United States Code, is amended by inserting or in the case of an action involving a removal from the service for an alleged violation of section 7213(a)(1) of the Internal Revenue Code of 1986, after described in section 4303, . (2) Rule of construction The amendments made by paragraph (1) may not be construed to permit an officer or employee of the United States to submit an appeal to the Merit Systems Protection Board if that individual is dismissed from office or discharged from employment upon conviction for a violation of section 7213(a)(1) of the Internal Revenue Code of 1986. III Restraints on IRS enforcement 301. Tax gap projection (a) In general Not later than 180 days after the date of the enactment of this section, and no later than July 31 annually thereafter, the Commissioner of Internal Revenue shall submit to Congress a projection detailing the tax gap estimate for the most recent taxable year as is practicable using the most recently available data, and including identification and detailed descriptions of the data used for such projection and clear identification of the amount of the projected tax gap associated with nonfiling, underreporting, and underpayment (including identifying the amount subject to collection actions). (b) Use of artificial intelligence To the extent practicable, for purposes of reducing the burden on taxpayers subject to National Research Program audits, the Commissioner shall use artificial intelligence, including neural machine learning, and other available data analysis tools, including commercial analytic data providers, to calculate a projection described in subsection (a). (c) National research program audits In calculating a projection described in subsection (a), the Commissioner of Internal Revenue shall not undertake more National Research Program audits in any one fiscal year than are undertaken in fiscal year 2021. (d) Tax gap For purposes of this section, the term tax gap means the difference between tax liabilities owed to the United States under the Internal Revenue Code of 1986 and those liabilities actually collected by the Internal Revenue Service. 302. JCT Report (a) In general Not later than 180 days after the submission of the first tax gap projection to Congress under section 201, and not later than 90 days after the submission of each successive submission, the Chief of Staff of the Joint Committee on Taxation shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing such projection, including— (1) identification of methodologies used, (2) any statistical or methodological uncertainties, (3) the effect of outdated data, if any, on the accuracy of such projection, and (4) such additional information as the Joint Committee on Taxation determines is useful for Congress to use to assess and analyze the tax gap projections provided by the Commissioner of Internal Revenue. (b) Release of information For purposes of facilitating the report described in subsection (a), the Secretary of the Treasury shall, in a timely manner, provide to the Joint Committee on Taxation such information as such committee requests. 303. Restriction on increased enforcement funds (a) In general Notwithstanding any other provision of law, no funds appropriated to the Department of the Treasury for audit and enforcement purposes in excess of the levels appropriated for such purposes in fiscal year 2021 may be expended for such purposes, including for salaries, expenses, and enforcement activities, until 180 days after the Internal Revenue Service publishes an updated tax gap projection pursuant to, and compliant with, section 201. (b) Sunset The provisions of subsection (a) shall not apply after the date which is one year after the date of the enactment of this section. 304. Restriction on increased funding for other specified purposes (a) In general Notwithstanding any other provision of law, no funds appropriated to the Department of the Treasury in excess of the levels appropriated for specified purposes in fiscal year 2021 may be expended for specified purposes. (b) Specified purposes For purposes of subsection (a), the term specified purposes means— (1) the implementation of new information reporting requirements on flows of deposits and withdrawals in individual and small-business banking accounts and other financial accounts, (2) the targeting of United States citizens in response to the exercise by such citizens of any legally protected or recognized right guaranteed under the First Amendment to the United States Constitution, (3) the targeting of a group for regulatory scrutiny based on the ideological beliefs of such group, (4) the auditing of individual taxpayers with an adjusted gross income of less than $400,000, and (5) the hiring under an agreement pursuant to the Intragovernmental Personnel Act of 1970 (sections 3371 et seq. of title 5, United States Code) or any other authority of an authorized researcher who is not a full time Federal employee to access data subject to privacy protections afforded by section 6103 of the Internal Revenue Code of 1986. 305. Efficient use of existing IRS resources For purposes of increasing enforcement actions in areas of high noncompliance and reducing the corporate audit no-change rate of the Internal Revenue Service to below 20 percent by 2023— (1) the Secretary (or the Secretary’s delegate) shall, not later than 180 days after the date of the enactment of this section— (A) update the methodology that is used for the selection of corporate returns for audit, and (B) reassign resources of the Internal Revenue Service such that the majority of high-income nonfilers are subject to enforcement actions, and (2) the Comptroller General of the United States shall, within one year after the date of the enactment of this section, issue a comprehensive report to Congress on information returns and data collected by the Internal Revenue Service that could be deployed for compliance activities but that are not currently used for such activities. 306. IRS Fellowship Program (a) Establishment Not later than September 30, 2022, the Commissioner of Internal Revenue (hereinafter known as the Commissioner ) after consultation with the Chief Counsel of the Internal Revenue Service (hereinafter known as the Chief Counsel ), shall establish within the Internal Revenue Service a fellowship program (hereinafter known as the program ) to recruit private sector tax experts to join the Internal Revenue Service to create and participate in the audit task force established under subsection (e). (b) Objective The Commissioner, after consultation with the Chief Counsel, shall design the program in a manner such that the program— (1) addresses such tax cases handled by the Internal Revenue Service as the Commissioner determines— (A) are the most complex, or (B) include new and emerging issues, and (2) recruits and retains outstanding and qualified tax experts. (c) Advertisement of program The Commissioner shall advertise the program in such a way as to attract mid-career tax professionals, including certified public accountants, tax attorneys, and such other tax professionals as the Commissioner determines are appropriately qualified to handle the most complex tax cases. (d) Structure (1) In general The program shall be staffed by not fewer than 30 fellows at the discretion of the Commissioner based on needs of the Internal Revenue Service and the availability of qualified candidates. (2) Term of service (A) In general Each fellow shall be hired for a 2-, 3-, or 4-year term of service. (B) Extensions (i) In general A fellow may apply for, and the Commissioner may grant, a 1-year extension of the fellowship. (ii) No limit on number of extensions There shall be no limit on the number of extensions under clause (i). (3) Fellowship vacancies The Commissioner, after consultation with the Chief Counsel, shall fill vacant fellowships— (A) in such a manner as to ensure that the program is staffed with no fewer than 15 fellows, and (B) as soon as practicable after the vacancy arises. (4) Hiring authority The Commissioner shall have authority to permanently hire a fellow at the end of the term of service for such fellow. (e) Task force Not later than the date on which the first fellowship is awarded under this section, the Commissioner shall establish a task force within the Internal Revenue Service and the office of the Chief Counsel in both national and regional office placements that includes the fellows hired pursuant to subsection (d), the purpose of which is to— (1) perform audit case selection, (2) educate Internal Revenue Service employees on emerging issues, (3) audit selected taxpayers, (4) address offshore tax evasion and issues implicating the Foreign Account Tax Compliance Act, and (5) identify, mentor, and train junior employees from the Internal Revenue Service with respect to audits. (f) Composition The task force established under subsection (e) may be composed of both— (1) fellows, and (2) permanent employees of the Internal Revenue Service. (g) Pay of fellows (1) In general The Secretary of the Treasury (or the Secretary’s delegate) shall determine, subject to the provisions of this subsection, the pay of fellows recruited under subsection (a). (2) Pay scale For purposes of paragraph (1), the pay of a fellow shall not be less than the minimum rate payable for GS–15 of the General Schedule and shall not exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code. (h) Administration of program The Secretary may appoint a lead program officer to administer and advertise the program. (i) Annual review and report Not later than 1 year after the date on which the first fellowship is awarded under this section, and annually thereafter, the Commissioner shall submit to Congress a report containing— (1) an analysis of the effects of the program, (2) an analysis of the return on investment of the program, including calculations of all costs incurred and all tax revenue and penalties collected due to the work of the task force, (3) a description of the total number of fellows who apply each year, and (4) recommendations for changes to the program, if any. (j) Rules and regulations The Commissioner, with the approval of the Secretary of the Treasury (or the Secretary’s delegate, other than the Commissioner), shall promulgate such rules and regulations as may be necessary for the efficient administration of the program. IV Provisions to reduce improper tax payments 401. Findings and purpose (a) Findings Congress finds that when the Internal Revenue Service makes payments to taxpayers, the Internal Revenue Services must make every effort to confirm that the right recipient is receiving the right payment for the right reason at the right time. (b) Purpose The purpose of this title is to— (1) reduce improper tax payments by the Internal Revenue Service— (A) by intensifying efforts to eliminate payment error, waste, fraud, and abuse; and (B) continuing to ensure that the Internal Revenue Service provides accessible taxpayer services; (2) adopt a comprehensive set of policies, including— (A) transparency of significant improper tax payments; and (B) accountability for reducing improper tax payments; and (3) protecting taxpayer services. 402. Improper tax payment defined For purposes of this title, the term improper tax payment means any credit or refund of an overpayment of a tax imposed under the Internal Revenue Code of 1986 that should not have been made or that was made in an incorrect amount. 403. Transparency (a) In general Not later than 90 days after the date of enactment of this section, the Secretary of the Treasury shall establish, in coordination with the Commissioner of Internal Revenue, annual targets for reducing improper tax payments made by the Internal Revenue Service. (b) Published information (1) In general Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary of the Treasury shall publish on the internet information about improper tax payments made by the Internal Revenue Service. (2) Contents The information published under paragraph (1) shall include, subject to Federal privacy policies and to the extent permitted by law— (A) the name of the accountable official designated under section 404(a); (B) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of improper tax payments made by the Internal Revenue Service, including, if known and appropriate, the causes of the improper tax payments; (C) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of the recovery of improper tax payments (estimated on the basis of applicable samples where appropriate); and (D) the annual targets for reducing improper tax payments. (c) Methodology The methodology used for identifying and measuring improper tax payments under this section shall meet the requirement of section 3352(c)(1)(A) of title 31, United States Code. (d) Links The Commissioner of Internal Revenue shall prominently display on the homepage of the website of the Internal Revenue Service a link to internet-based resources for addressing improper tax payments, including the information published under subsection (b)(1). 404. Accountability and coordination (a) Accountable officials Not later than 120 days after the date of enactment of this section, the Commissioner of Internal Revenue shall designate an official to be accountable for meeting the reduction targets under section 403(a) without unduly burdening taxpayer services. (b) Report (1) In general Not later than 180 days after the date of enactment of this section, and annually thereafter, the official who is designated under subsection (a) shall provide the Director of the Office of Management and Budget and the appropriate congressional committees a report that includes— (A) the methodology used for identifying and measuring improper tax payments under section 403(c); (B) the plans for meeting the reduction targets under section 403(a); and (C) the plans and supporting analysis for ensuring that initiatives undertaken in accordance with this title do not unduly burden taxpayer services. (2) Appropriate congressional committees For purposes of paragraph (1), the term appropriate congressional committees means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (c) Duties of inspector general Not later than 60 days after the date on which the annual report required under subsection (b) is submitted, the Treasury Inspector General for Tax Administration shall— (1) assess the level of risk for improper tax payments by the Internal Revenue Service; (2) determine the extent of oversight warranted (in addition to oversight requirements under section 3353 of title 31, United States Code); and (3) provide the Commissioner of Internal Revenue with recommendations, if any, for modifying the methodology, improper tax payment reduction plans, or taxpayer services. (d) Agency failure (1) In general If the Internal Revenue Service does not demonstrate an improvement in reducing improper tax payments, fails to develop a plan to meet reduction targets under subsection (b)(1)(B), or fails to implement the plans described in subsection (b)(1)(C) for not less than 2 consecutive years, the official designated under subsection (a) shall submit to the Commissioner of Internal Revenue, the Treasury Inspector General for Tax Administration, and the Chief Financial Officer of the Internal Revenue Service a report that— (A) describe the likely causes of the lack or improvement or failure; and (B) proposes a remedial plan. (2) Review Annually, the Commissioner of Internal Revenue shall, with respect to a remedial plan proposed under paragraph (1)(B)— (A) review the remedial plan; and (B) in consultation with the Treasury Inspector General for Tax Administration and Chief Financial Officer of the Internal Revenue Service, forward the remedial plan and any additional comments and analysis to the Director of the Office of Management and Budget. 405. Policy proposals (a) In general Not later than 180 days after the date of enactment of this section, the Secretary of the Treasury, in consultation with the Commissioner of Internal Revenue and the Treasury Inspector General for Tax Administration, shall develop policy recommendations, including potential legislative proposals, designed to reduce improper tax payments, including improper tax payments caused by error, waste, fraud, and abuse, made by the Internal Revenue Service. (b) Inclusion The recommendations developed under subsection (a) shall be included, as appropriate, in the budget of the President under section 1105(a) of title 31, United States Code, for fiscal year 2023 and each fiscal year thereafter. | https://www.govinfo.gov/content/pkg/BILLS-117s4046is/xml/BILLS-117s4046is.xml |
117-s-4047 | II 117th CONGRESS 2d Session S. 4047 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Duckworth (for herself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To improve the removal of lead from drinking water in public housing.
1. Short title This Act may be cited as the Get the Lead Out of Assisted Housing Act of 2022 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Department The term Department means the Department of Housing and Urban Development. (3) Lead service line The term lead service line has the meaning given the term in section 1459B(a) of the Safe Drinking Water Act (42 U.S.C. 300j–19b(a)). (4) Pilot program The term pilot program means the program for providing grants established under section 6(a). (5) Secretary The term Secretary means the Secretary of Housing and Urban Development. 3. Sense of Congress It is the sense of Congress that— (1) lead is a dangerous neurotoxin that can permanently impact brain development, especially in young children; (2) the Centers for Disease Control and Prevention, the Environmental Protection Agency, the American Association of Pediatrics, and many other entities have determined that there is no safe level of lead exposure; (3) for vulnerable populations like young children, pregnant mothers, and the elderly, exposure to lead can be life altering; (4) evidence is mounting that the lead in drinking water problem in the United States is grossly underestimated and inadequately addressed; (5) according to the Environmental Protection Agency, lead service lines are the single largest source of lead in drinking water; and (6) partial lead service line replacement, where only a portion of a lead service line is replaced, can increase lead exposure. 4. Uniform physical condition standards The Secretary, in consultation with the Administrator, shall amend the physical condition standards set forth in section 5.703 of title 24, Code of Federal Regulations, to require that— (1) the entities responsible for maintaining housing inspect building systems to determine, using tests that incorporate the best available technology and science, if— (A) there are lead service lines; or (B) there is lead in the interior plumbing; and (2) if a lead service line is found or lead is found in a service line that connects to the interior plumbing of the housing at the water meter, the entity responsible for maintaining the housing shall— (A) not later than 1 day after the date on which the lead is found, notify each tenant of the housing that the lead was found and of precautions that should be taken to reduce exposure; (B) disclose that information within 30 days to any drinking water provider relevant to the housing; (C) provide necessary interim measures to reduce exposure to the lead, such as water filters designed to remove lead and other innovative technologies, based on guidance from the Administrator; and (D) prohibit the partial replacement of lead service lines. 5. Authority to inspect all sources of lead The Secretary may inspect all sources of lead contamination in housing assisted by a program of the Department and work in coordination with the Environmental Protection Agency to mitigate sources of lead exposure, including as a result of water from the public water supply, and ambient air levels, or industrial emissions. 6. Healthy homes lead in drinking water pilot program (a) Establishment (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall begin providing grants to State and local governments responsible for developing consolidated plans under part 91 of title 24, Code of Federal Regulations. (2) Purpose The Secretary shall design the grants under the pilot program to— (A) identify lead service lines and other sources of lead in drinking water serving housing units and take steps to remediate those threats; and (B) optimize corrosion control treatment in public water systems serving housing units. (b) Activities A State or local government receiving a grant under the pilot program shall prioritize the following activities: (1) Creating an inventory of lead service lines, which shall— (A) be published on the website of the State or local government; and (B) involve— (i) working with public water systems (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f )) that may have a similar inventory; (ii) inspecting for lead service lines at their entry point into a building using methods that do not disturb the pipe; (iii) conducting an inspection of visible pipes at all access points; and (iv) prioritizing buildings based on the age of the building, historical records, and the size of the service line. (2) Testing for lead in the drinking water at child care facilities and schools, providing interim measures to reduce exposure to the lead, and providing remediation, when appropriate. (3) Testing for lead in the drinking water at water fountains in public facilities, providing interim measures to reduce exposure to the lead, and providing remediation, when appropriate. 7. Healthy Homes and Lead Hazard Control Office (a) In general The Office of Lead Hazard Control and Healthy Homes of the Department shall, when providing grants for lead-based paint hazard reduction in target housing under section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 )— (1) ensure that testing for lead in drinking water is conducted; (2) require notification of tenants of the level of lead in drinking water found; and (3) offer interim controls, such as the installation of water filters known to remove lead. (b) Use of funds for replacement The Secretary shall allow recipients of assistance from the Office of Lead Hazard Control and Healthy Homes of the Department or another program of the Department to use the funds to replace leaded water fixtures and lead service lines. 8. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4047is/xml/BILLS-117s4047is.xml |
117-s-4048 | II 117th CONGRESS 2d Session S. 4048 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Cortez Masto (for herself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Trade Commission to conduct a study on conduct related to oil and gas prices, and for other purposes.
1. Short title This Act may be cited as the Fair and Transparent Gas Prices Act of 2022 . 2. FTC study on conduct related to oil and gas prices (a) Study The Federal Trade Commission (in this section referred to as the Commission ), in coordination with State attorneys general, as appropriate, shall conduct a study, using the Commission's authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ), to investigate anti-competitive, collusive, or other conduct related to oil and gas companies and markets, including the actual price of oil and gas paid by consumers. Such study shall include an analysis of— (1) whether such oil and gas companies use their financial resources in a manner that would not expand or increase fuel supply, including by reducing investments in the production of fuel, engaging in stock buy backs, or any other conduct the Commission deems appropriate; and (2) whether such anti-competitive, collusive, or other conduct may— (A) result in inflated costs for consumers or be considered price gouging; (B) delay producing or delivering more fuel supply; (C) impact investment decisions that would contribute to additional fuel supply; or (D) restrict the availability, accessibility, or affordability of alternative fuels or vehicle technology. (b) Report (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter for the following 2 years, the Commission shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate or necessary to provide fair consumer costs with respect to oil and gas. (2) Appropriate committees of Congress In this subsection, the term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Subcommittees on Financial Services and General Government of the Committees on Appropriations of the House of Representatives and the Senate. (c) Inapplicability of paperwork reduction act Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to the collection of information under subsection (a). (d) Additional FTC resources (1) Additional personnel Notwithstanding any other provision of law, the Commission shall, without regard to the civil service laws (including regulations), appoint not more than 50 additional personnel, as necessary, for the purposes of carrying out the study and report required under this section. (2) Authorization of appropriations There are authorized to be appropriated to the Commission to carry out this section $15,000,000 for each of fiscal years 2023 and 2024. | https://www.govinfo.gov/content/pkg/BILLS-117s4048is/xml/BILLS-117s4048is.xml |
117-s-4049 | II 117th CONGRESS 2d Session S. 4049 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Hassan (for herself, Mr. Merkley , Mr. Kelly , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Trade Commission to investigate and report on practices in the oil and gas industry.
1. Short title This Act may be cited as the Oversight to Lower Oil Prices Act . 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means Committee on Energy and Commerce of the House of Representatives, the Committee on the Judiciary of the House of Representatives, Committee on Energy and Natural Resources of the Senate, the Committee on the Judiciary of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate. (2) Commission The term Commission means the Federal Trade Commission. 3. Investigation into and reporting on market manipulation in the oil and gas industry (a) Investigation Not later than 45 days after the date of enactment of this Act, the Commission shall initiate an investigation under sections 811 and 812 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17301 , 17302) looking for evidence of market manipulation or reporting of false information in the oil, gas, petroleum, and petroleum product industries. (b) Reporting (1) In general Not later than 180 days after the date of enactment of this Act, the Commission shall submit a report to the appropriate committees of Congress concerning any— (A) investigations undertaken under section 811 or 812 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17301 , 17302); (B) enforcement actions initiated under section 813 of such Act ( 42 U.S.C. 17303 ); and (C) penalties levied under section 814 of such Act ( 42 U.S.C. 17304 ). (2) Form of report The report required under paragraph (1) shall be submitted in an unclassified form but may include a classified annex. | https://www.govinfo.gov/content/pkg/BILLS-117s4049is/xml/BILLS-117s4049is.xml |
117-s-4050 | II 117th CONGRESS 2d Session S. 4050 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Daines (for himself, Mr. King , Ms. Smith , and Mr. Scott of South Carolina ) 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 eliminate a provision under the Medicare Advantage program that inadvertently penalizes Medicare Advantage plans for providing high quality care to Medicare beneficiaries.
1. Short title This Act may be cited as the Medicare Advantage Quality Payment Relief Act of 2022 . 2. Relief from quality bonus penalty in calculation of the Medicare Advantage blended benchmark cap (a) In general Section 1853(n)(4) of the Social Security Act ( 42 U.S.C. 1395w–23(n)(4) ) is amended by striking determined taking into account and inserting determined without regard to . (b) Effective date The amendment made by subsection (a) shall apply to plan years beginning on or after January 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s4050is/xml/BILLS-117s4050is.xml |
117-s-4051 | II 117th CONGRESS 2d Session S. 4051 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Scott of Florida (for himself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require an annual report on United States portfolio investments in the People's Republic of China, and for other purposes.
1. Short title This Act may be cited as the Protecting American Capital Act of 2022 . 2. Annual report on United States portfolio investments in the People's Republic of China (a) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on portfolio investments by United States persons in the People's Republic of China, including such investments routed through a jurisdiction outside the United States. (b) Elements Each report required by subsection (a) shall include an assessment of the involvement of the following in portfolio investments in the People's Republic of China: (1) United States persons making such investments, including an assessment of— (A) the types of United States persons making such investments, including State pension funds; and (B) United States persons making more than 2 percent of the total of such investments in a year. (2) Chinese entities receiving such investments, including an assessment of— (A) such entities in individual sectors of the economic of the People's Republic of China, including the housing sector; (B) any Chinese entities subject to sanctions imposed by the United States receiving such investments; and (C) Chinese entities that receive more than $100,000,000 from such investments. (c) Period covered The period covered by a report required by subsection (a) shall be— (1) in the case of the first such report, the period beginning on January 1, 2008, and ending on the date of the report; and (2) in the case of each subsequent such report, the one-year period preceding submission of the report. (d) Definitions In this section: (1) Chinese entity The term Chinese entity means 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. (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-117s4051is/xml/BILLS-117s4051is.xml |
117-s-4052 | II 117th CONGRESS 2d Session S. 4052 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Portman (for himself, Ms. Hassan , Mr. Cassidy , and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize a program for early detection, diagnosis, and treatment regarding deaf and hard-of-hearing newborns, infants, and young children, and for other purposes.
1. Short title This Act may be cited as the Early Hearing Detection and Intervention Act of 2022 . 2. Reauthorization of program for early detection, diagnosis, and treatment regarding deaf and hard-of-hearing newborns, infants, and young children Section 399M(f) of the Public Health Service Act ( 42 U.S.C. 280g–1(f) ) is amended— (1) in paragraph (1), by striking $17,818,000 for fiscal year 2018, $18,173,800 for fiscal year 2019, $18,628,145 for fiscal year 2020, $19,056,592 for fiscal year 2021, and $19,522,758 for fiscal year 2022 and inserting $17,818,000 for each of fiscal years 2023 through 2027 ; (2) in paragraph (2), by striking $10,800,000 for fiscal year 2018, $11,026,800 for fiscal year 2019, $11,302,470 for fiscal year 2020, $11,562,427 for fiscal year 2021, and $11,851,488 for fiscal year 2022 and inserting $10,760,000 for each of fiscal years 2023 through 2027 ; and (3) in paragraph (3), by striking fiscal years 2011 through 2015 and inserting fiscal years 2023 through 2027 . 3. GAO study on State early hearing detection and intervention programs (a) In general The Comptroller General of the United States shall conduct a study reviewing State early hearing detection and intervention (in this section referred to as EHDI ) programs. Such study shall— (1) analyze how information collected through such programs informs what is known about EHDI activities to ensure that newborns, infants, and young children have access to timely hearing screenings and early interventions, including information on any disparities in such access; (2) analyze what is known about how parents use State EHDI websites to seek health and programmatic guidance related to their child’s hearing loss diagnosis; and (3) identify efforts and any promising practices of the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the National Institute on Deafness and Other Communication Disorders, and State EHDI programs— (A) to address disparities in outreach for, or access to, timely hearing screenings and early interventions; and (B) to ensure that EHDI follow-up services are communicated and made available to medically underserved populations, including racial and ethnic minorities. (b) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall— (1) complete the study under subsection (a) and submit a report on the results of the study to— (A) the Committee on Energy and Commerce of the House of Representatives; and (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) make such report publicly available. | https://www.govinfo.gov/content/pkg/BILLS-117s4052is/xml/BILLS-117s4052is.xml |
117-s-4053 | II 117th CONGRESS 2d Session S. 4053 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Stabenow (for herself and Ms. 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 Federal Food, Drug, and Cosmetic Act to grant eligible researchers access to eligible products at a discounted price for qualified research, and for other purposes.
1. Short title This Act may be cited as the Discounted Drugs for Clinical Trials Act . 2. Discounted sales of eligible products for qualified research purposes (a) In general Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 505–2 of such Act ( 21 U.S.C. 355–1 ) the following new section: 505–3. Discounted sales of eligible products for qualified research purposes (a) Application by researcher To obtain an eligible product for qualified research at the discounted price, an individual or entity shall submit to the Secretary an application certifying and demonstrating that— (1) the individual or entity is an eligible researcher; (2) the product being sought is an eligible product; (3) the researcher seeks to use the eligible product for qualified research; and (4) the amount of the eligible product sought is reasonable for completing the qualified research. (b) Duties of Secretary The Secretary shall— (1) review each application submitted under paragraph (1) in a timely manner; (2) provide to the applicant, within a reasonable time of such submission— (A) a written order specifying the sufficient quantity of the eligible product approved to be purchased by the eligible researcher at the discounted price; or (B) a written denial of the application; (3) require manufacturers and license holders to report to the Secretary any additional information determined by the Secretary to be necessary to carry out this section; and (4) annually publish information on the number and types of applications granted and denied under this section. (c) Acquisition of discounted drug Upon receipt from an eligible researcher of an order obtained under subsection (b)(2)(A) for the acquisition of an eligible product for qualified research, the manufacturer or license holder of the eligible product shall sell to the eligible researcher the quantity specified in the order at the discounted price. (d) Civil action for failure To provide sufficient quantity of an eligible product (1) In general An eligible researcher may bring a civil action against the manufacturer or license holder of an eligible product seeking relief under this subsection in an appropriate district court of the United States alleging that the manufacturer or license holder has declined to provide the quantity of the eligible product specified in a written order from the Secretary to the eligible researcher for the discounted price. (2) Elements To prevail in a civil action brought under paragraph (1), an eligible researcher shall prove, by a preponderance of the evidence, that— (A) the eligible researcher has— (i) obtained a written order for the specified quantity of the eligible product from the Secretary in accordance with subsection (b)(2)(A); and (ii) provided a copy of the order to the manufacturer or license holder; and (B) as of the date on which the civil action is filed, the eligible researcher has not obtained the specified quantity of the eligible product at the discounted price by 31 days after the date on which the manufacturer or license holder received the eligible researcher’s request for the eligible product, including a copy of the written order. (3) Affirmative defense In a civil action brought under paragraph (1), it shall be an affirmative defense, on which the defendant has the burden of persuasion by a preponderance of the evidence— (A) that, on the date on which the eligible researcher requested to purchase the specified quantity of the eligible product from the manufacturer or license holder— (i) neither the manufacturer, license holder, nor any of their agents, wholesalers, or distributors, was engaged in the manufacturing or commercial marketing of the eligible product; and (ii) neither the manufacturer, license holder, nor any of their agents, wholesalers, or distributors, otherwise had access to inventory of the eligible product to supply the specified quantity to the eligible researcher at the discounted price; (B) that— (i) the manufacturer or license holder sells the eligible product through agents, distributors, or wholesalers; (ii) the manufacturer has placed no restrictions, explicit or implicit, on its agents, distributors, or wholesalers on selling the eligible product to eligible researchers; and (iii) the eligible product can be purchased by the eligible researcher in the specified quantity at the discounted price or a lower price from the agents, distributors, or wholesalers of the manufacturer or license holder; or (C) that the manufacturer or license holder made an offer to sell the specified quantity of the eligible product to the eligible researcher for the discounted price and the eligible researcher did not accept such offer by the date that is 14 days after the date on which the eligible product researcher received such offer. (4) Methods for transmission of requests for eligible products A written request for an eligible product, offer to sell an eligible product, or acceptance of such an offer between the eligible researcher and the manufacturer or license holder of the eligible product shall be made by— (A) certified or registered mail with return receipt requested; (B) personal delivery; or (C) electronic means. (5) Remedies If an eligible researcher prevails in a civil action brought under paragraph (1), the court shall— (A) order the manufacturer or license holder to provide to the eligible researcher without delay the specified quantity of the eligible product at the discounted price; (B) award to the eligible researcher reasonable attorney’s fees and costs of the civil action; and (C) award to the eligible researcher a monetary amount sufficient to deter the manufacturer or license holder from failing to provide eligible researchers with a sufficient quantity of an eligible product at the discounted price, if the court finds, by a preponderance of the evidence, that the manufacturer or license holder, without a legitimate business justification— (i) delayed providing the specified quantity to the eligible researcher; or (ii) failed to comply with a written order under subsection (b)(2)(A). (6) Maximum monetary amount A monetary amount awarded under paragraph (5) shall not be greater than the revenue that the manufacturer or license holder earned on the eligible product beginning on the date that is 31 days after the date on which the manufacturer or license holder received the request and ending on the date on which the eligible researcher received the specified quantity of the eligible product. (7) Avoidance of delay The court may issue an order under paragraph (5)(A) before conducting further proceedings that may be necessary to determine— (A) whether the eligible researcher is entitled to an award under subparagraph (B) or (C) of paragraph (5); or (B) the amount of any such award. (e) Limitation of liability A manufacturer or license holder of an eligible product obtained by an eligible researcher pursuant to this section shall not be liable for any claim under Federal, State, or local law arising out of the failure of the eligible researcher to follow adequate safeguards to assure safe use of the eligible product, including with respect to transportation, handling, use, or disposal. (f) Rule of construction This section shall not be construed to— (1) undermine or abrogate any requirement imposed pursuant to a risk evaluation and mitigation strategy under section 505–1; or (2) interfere with the private right of action afforded under section 610 of division N of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ) ( 21 U.S.C. 355–2 note; commonly referred to as the CREATES Act ). (g) Definitions In this section: (1) Commissioner The term Commissioner means the Commissioner of Food and Drugs. (2) Combination product The term combination product means a combination product described in section 503(g). (3) Discounted price The term discounted price means the direct costs to the manufacturer or license holder of producing the eligible product. (4) Eligible product The term eligible product means— (A) any— (i) drug approved under section 505(c) of this Act or biological product licensed under section 351(a) of the Public Health Service Act; (ii) combination product including such a drug or biological product; or (iii) product, including any device, that is marketed or intended for use with such a drug or biological product; and (B) any product that is— (i) a covered part D drug (as defined in section 1860D–2(e) of the Social Security Act) eligible for placement on, with respect to a plan year, a specialty tier (as defined in section 423.560 of title 42, Code of Federal Regulations) of a formulary for such plan year of a prescription drug plan under part D of title XVIII of such Act or an MA–PD plan under part C of such title; or (ii) a drug (including any biological product), or combination product, whose cost is determined by the Commissioner to be prohibitive to the advancement of qualified research. (5) Eligible researcher The term eligible researcher means any individual seeking to obtain an eligible product for qualified research. (6) License holder The term license holder means the holder of an application approved under section subsection (c) or (j) of section 505 of this Act, or a license under subsection (a) or (k) of section 351 of the Public Health Service Act, for an eligible product. (7) Qualified research The term qualified research means— (A) research in furtherance of an application under section 505(b) or (j) of this Act; (B) research in furtherance of an application for a license under section 351(a) or (k) of the Public Health Service Act; (C) research for which an exemption for investigational use is granted pursuant to section 505(i) of this Act or section 351(a) of the Public Health Service Act; or (D) research using an approved drug for an approved indication with the purpose of evaluating and comparing the clinical effectiveness, risks, or benefits of 2 or more of any of the following: (i) Health care interventions, protocols for treatment, care management, delivery procedures, diagnostic tools, or integrative practices. (ii) Drugs (including biological products), devices, or combination products. (iii) Any other treatments, services, practices, or items being used in the treatment, management, or diagnosis of, or prevention of, illness or injury in individuals. (8) Sufficient quantity The term sufficient quantity means an amount of an eligible product no greater than the eligible researcher determines to be necessary to accomplish the qualified research and fulfill any related regulatory requirements. . (b) Regulations Not later than 180 days of the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to carry out section 505–3 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), including regulations to appropriately calculate the discounted price applicable with respect to an eligible product (as such terms are defined in such section 505–3). | https://www.govinfo.gov/content/pkg/BILLS-117s4053is/xml/BILLS-117s4053is.xml |
117-s-4054 | II 117th CONGRESS 2d Session S. 4054 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Marshall (for himself, Mr. Braun , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To terminate General License No. 8A of the Office of Foreign Assets Control of the Department of the Treasury and require the application of sanctions under Executive Order 14024 to the Russian financial institutions listed in General License No. 8A.
1. Termination of General License No. 8A of Office of Foreign Assets Control; application of sanctions to certain Russian financial institutions Effective on the date of the enactment of this Act— (1) General License No. 8A of the Office of Foreign Assets Control of the Department of the Treasury shall have no force or effect; and (2) sanctions imposed under Executive Order 14024 ( 50 U.S.C. 1701 note; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation) shall apply with respect to each entity specified in General License No. 8A. | https://www.govinfo.gov/content/pkg/BILLS-117s4054is/xml/BILLS-117s4054is.xml |
117-s-4055 | II 117th CONGRESS 2d Session S. 4055 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Lee (for himself, Mr. Cruz , Mr. Braun , Mr. Scott of Florida , and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a task force for regulatory oversight and review.
1. Short title This Act may be cited as the Locating the Inefficiencies of Bureaucratic Edicts to Reform And Transform the Economy Act or the LIBERATE Act . 2. Regulatory Oversight and Review Task Force (a) Establishment There is established a task force to be known as the Regulatory Oversight and Review Task Force (referred to in this section as the Task Force ). (b) Membership (1) In general The Task Force shall be composed of— (A) the Director of the Office of Management and Budget, who shall serve as the Chairperson of the Task Force and shall be a non-voting, ex officio member of the Task Force; (B) 1 representative of the Office of Information and Regulatory Affairs, who shall be a non-voting, ex officio member of the Task Force; and (C) 16 individuals from the private sector, of whom— (i) 4 shall be appointed by the majority leader of the Senate; (ii) 4 shall be appointed by the minority leader of the Senate; (iii) 4 shall be appointed by the Speaker of the House of Representatives; and (iv) 4 shall be appointed by the minority leader of the House of Representatives. (2) Qualifications of private sector members (A) Expertise Each member of the Task Force appointed under paragraph (1)(C) shall be an individual with expertise in Federal regulatory policy, Federal regulatory compliance, economics, law, or business management. (B) Small business concerns Not fewer than 2 of the members of the Task Force appointed under each clause of paragraph (1)(C) shall be representatives of a small business concern, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (C) Political affiliation Not more than 2 of the members of the Task Force appointed under each clause of paragraph (1)(C) may be affiliated with the same political party. (c) Consultation with GAO In carrying out its functions under this section, the Task Force shall consult with the Government Accountability Office. (d) No compensation A member of the Task Force may not receive any compensation for serving on the Task Force. (e) Staff (1) Designation of existing staff The Director of the Office of Management and Budget may designate employees of the Office of Management and Budget, including employees of the Office of Information and Regulatory Affairs, as necessary to help the Task Force carry out its duties under this section. (2) Rule of construction Nothing in paragraph (1) shall be construed to authorize the provision of any additional compensation to an employee designated under that paragraph. (f) Evaluation of regulations and guidance The Task Force shall evaluate, and provide recommendations for modification, consolidation, harmonization, or repeal of, Federal regulations or guidance that— (1) exclude or otherwise inhibit competition, causing industries of the United States to be less competitive with global competitors; (2) create barriers to entry for United States businesses, including entrepreneurs and startups; (3) increase the operating costs for domestic manufacturing; (4) impose substantial compliance costs and other burdens on industries of the United States, making those industries less competitive with global competitors; (5) impose burdensome and lengthy permitting processes and requirements; (6) impact energy production by United States businesses and make the United States dependent on foreign countries for energy supply; (7) restrict domestic mining, including the mining of critical minerals; or (8) inhibit capital formation in the economy of the United States. (g) Website The Task Force shall establish and maintain a user-friendly, public-facing website to be— (1) a portal for the submission of written comments under subsection (i); and (2) a gateway for reports and key information. (h) Duty of Federal agencies Upon request of the Task Force, a Federal agency shall provide applicable documents and information to help the Task Force carry out its functions under this section. (i) Written recommendations (1) In general Not later than 15 days after the first meeting of the Task Force, the Task Force shall initiate a process to solicit and collect written recommendations regarding regulations or guidance described in subsection (f) from the general public, interested parties, Federal agencies, and other relevant entities. (2) Manner of submission The Task Force shall allow written recommendations under paragraph (1) to be submitted through— (A) the website of the Task Force; (B) regulations.gov; (C) the mail; or (D) other appropriate written means. (3) Publication The Task Force shall publish each recommendation submitted under paragraph (1)— (A) in the Federal Register; (B) on the website of the Task Force; and (C) on regulations.gov. (4) Public outreach In addition to soliciting and collecting written recommendations under paragraph (1), the Task Force shall conduct public outreach and convene focus groups in geographically diverse areas throughout the United States to solicit feedback and public comments regarding regulations or guidance described in subsection (f). (5) Review and consideration The Task Force shall review the information received under paragraphs (1) and (4) and consider including that information in the reports and special message required under subsections (j) and (k), respectively. (j) Reports (1) In general The Task Force shall submit quarterly and annual reports to Congress on the findings of the Task Force under this section. (2) Contents Each report submitted under paragraph (1) shall— (A) analyze the Federal regulations or guidance identified in accordance with subsection (f); and (B) provide recommendations for modifications, consolidation, harmonization, and repeal of the regulations or guidance described in subparagraph (A) of this paragraph. (3) Majority vote required The Task Force may only include a finding or recommendation in a report submitted under paragraph (1) if a majority of the members of the Task Force have approved the finding or recommendation. (k) Special message to Congress (1) Definition In this subsection, the term covered resolution means a joint resolution— (A) the matter after the resolving clause of which contains only— (i) a list of some or all of the regulations or guidance that were recommended for repeal in a special message submitted to Congress under paragraph (2); and (ii) a provision that immediately repeals the listed regulations or guidance upon enactment of the joint resolution; and (B) upon which Congress completes action before the end of the first period of 60 calendar days after the date on which the special message described in subparagraph (A)(i) of this paragraph is received by Congress. (2) Submission (A) In general Not later than the first day on which both Houses of Congress are in session after May 1 of each year, the Director of the Office of Management and Budget shall submit to Congress, on behalf of the Task Force, a special message that— (i) details each regulation or guidance document that the Task Force recommends for repeal; and (ii) explains why each regulation or guidance document should be repealed. (B) Delivery to House and Senate; printing Each special message submitted under subparagraph (A) shall be— (i) delivered to the Clerk of the House of Representatives and the Secretary of the Senate; and (ii) printed in the Congressional Record. (3) Procedure in House and Senate (A) Referral A covered resolution shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. (B) Discharge of committee If the committee to which a covered resolution has been referred has not reported the resolution at the end of 25 calendar days after the introduction of the resolution— (i) the committee shall be discharged from further consideration of the resolution; and (ii) the resolution shall be placed on the appropriate calendar. (4) Floor consideration in the House (A) Motion to proceed (i) In general When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a covered resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. (ii) Privilege A motion described in clause (i) shall be highly privileged and not debatable. (iii) No amendment or motion to reconsider An amendment to a motion described in clause (i) shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate (i) In general Debate in the House of Representatives on a covered resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. (ii) No motion to reconsider It shall not be in order in the House of Representatives to move to reconsider the vote by which a covered resolution is agreed to or disagreed to. (C) No motion to postpone consideration or proceed to consideration of other business In the House of Representatives, motions to postpone, made with respect to the consideration of a covered resolution, and motions to proceed to the consideration of other business, shall not be in order. (D) Appeals from decisions of chair An appeal from the decision of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a covered resolution shall be decided without debate. (5) Floor consideration in the Senate (A) Motion to proceed (i) In general Notwithstanding Rule XXII of the Standing Rules of the Senate, when the committee of the Senate to which a covered resolution is referred has reported, or has been discharged from further consideration of, a covered resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution and all points of order against the covered resolution are waived. (ii) Division of time A motion to proceed described in clause (i) is subject to 4 hours of debate divided equally between those favoring and those opposing the covered resolution. (iii) No amendment or motion to postpone or proceed to other business A motion to proceed described in clause (i) is not subject to— (I) amendment; (II) a motion to postpone; or (III) a motion to proceed to the consideration of other business. (B) Floor consideration (i) General In the Senate, a covered resolution shall be subject to 10 hours of debate divided equally between those favoring and those opposing the covered resolution. (ii) Amendments In the Senate, no amendment to a covered resolution shall be in order, except an amendment that strikes from or adds to the list required under paragraph (1)(A)(i) a regulation or guidance document recommended for repeal by the Task Force. (iii) Motions and appeals In the Senate, a motion to reconsider a vote on final passage of a covered resolution shall not be in order, and points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate. (6) Receipt of resolution from other House If, before passing a covered resolution, one House receives from the other a covered resolution— (A) the covered resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day on which it is received; and (B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the covered resolution received from the other House to the same extent as those procedures apply to a covered resolution of the receiving House. (7) Rules of the House of Representatives and the Senate Paragraphs (3) through (7) are enacted by Congress— (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedures to be followed in the House in the case of covered resolutions, and supersede other rules only to the extent that they are inconsistent with such other 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. (l) Funding (1) No additional amounts authorized No additional amounts are authorized to be appropriated to carry out this section. (2) Other funding The Task Force shall use amounts otherwise available to the Office of Management and Budget to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4055is/xml/BILLS-117s4055is.xml |
117-s-4056 | II 117th CONGRESS 2d Session S. 4056 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To promote youth athletic safety, and for other purposes.
1. Short title This Act may be cited as the Supporting Athletes, Families and Educators to Protect the Lives of Athletic Youth Act or the SAFE PLAY Act . 2. Education, awareness, and training for pediatric cardiac conditions to increase earlier diagnosis and prevent sudden cardiac death Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. Materials and educational resources to increase awareness of cardiomyopathy and other high-risk childhood cardiac conditions among school administrators, educators, school health professionals, coaches, students, and families (a) Materials and resources Not later than 12 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director ) and in consultation with national patient advocacy and health organizations with expertise in cardiac health and all forms of pediatric cardiomyopathy, shall develop educational materials and resources to be disseminated to school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals. The materials and resources shall include— (1) information on the signs, symptoms, and risk factors associated with high risk cardiac conditions and genetic heart rhythm abnormalities that may cause sudden cardiac arrest in children, adolescents, and young adults, including— (A) cardiomyopathy; (B) long QT syndrome, Brugada syndrome, catecholaminergic polymorphic ventricular tachycardia, short QT syndrome, Wolff-Parkinson-White syndrome; and (C) other high-risk cardiac conditions, as determined by the Secretary; (2) sudden cardiac arrest risk assessment worksheets to help identify higher risk children and adolescents with possible life-threatening cardiac conditions who may need additional medical screening and treatment; (3) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, covering cardiopulmonary resuscitation (referred to in this section and section 399V–8 as CPR ) and ways to obtain certification on CPR delivery; (4) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, on the proper placement, usage, and maintenance of automatic external defibrillators (referred to in this section and section 399V–8 as AED ) and ways to obtain certification on AED usage; and (5) recommendations on developing and implementing a cardiac emergency response plan at schools, childcare centers, and local youth athletic organizations, including recommendations on how local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) can apply such response plans to students enrolled in public schools served by such local educational agencies. (b) Development of materials and resources The Secretary, acting through the Director, shall develop and update, as necessary and appropriate, the materials and resources described in subsection (a) and, in support of such effort, the Secretary is encouraged to establish an advisory panel that includes the following members: (1) Representatives from national patient advocacy organizations, including— (A) not less than 1 organization dedicated to promoting research, education, and awareness of all forms of pediatric cardiac cardiomyopathy; (B) not less than 1 organization dedicated to research, and education, and awareness of high-risk cardiac conditions and genetic heart rhythm abnormalities; (C) not less than 1 organization dedicated to school-based wellness; (D) not less than 1 organization dedicated to advocacy and support for individuals with cognitive impairments or developmental disabilities; and (E) not less than 1 organization dedicated to addressing minority health disparities. (2) Representatives of medical and health care professional societies, including pediatrics, cardiology, emergency medicine, and sports medicine. (3) A representative of the Centers for Disease Control and Prevention. (4) Representatives of other relevant Federal agencies, including the Department of Education and the National Institutes of Health. (5) Representatives of schools, such as administrators, educators, sports coaches, and nurses. (c) Dissemination of materials and resources Not later than 24 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director, shall disseminate the materials and resources described in subsection (a) in accordance with the following: (1) Distribution by local educational agencies The Secretary shall make available such materials and resources to local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) to distribute— (A) to school administrators, educators, school health professionals, coaches, students, and parents, guardians, or other caregivers, information on the signs, symptoms, and risk factors of high-risk cardiac conditions; (B) to parents, guardians, or other caregivers, the cardiomyopathy and sudden cardiac arrest risk assessment worksheets described in subsection (a)(2); (C) to school administrators, school health professionals, and coaches— (i) the information and training materials described in subsection (a)(3); and (ii) the guidelines and training materials described in subsection (a)(4); and (D) to school administrators, educators, school health professionals, coaches, and youth sports organizations, the recommendations described in subsection (a)(5). (2) Dissemination to health departments and professionals The Secretary shall make available such materials and resources to State and local health departments. (3) Dissemination of information through the internet (A) CDC (i) In general The Secretary, acting through the Director, shall post the materials and resources developed under subsection (a) on the public Internet website of the Centers for Disease Control and Prevention. (ii) Maintenance of information The Director shall maintain and update when necessary such materials and resources developed under subsection (a) on the public Internet website to ensure such information reflects the latest standards. (B) State educational agencies State educational agencies are encouraged to work with State Health Departments to create Internet webpages to disseminate the materials and resources developed under subsection (a) to the general public, with an emphasis on targeting students and their families. (4) Accessibility of information The information regarding the materials and resources developed under subsection (a) shall be made available in a format and in a manner that is readily accessible to individuals with cognitive and sensory impairments. (d) Definitions In this section: (1) School administrators The term school administrator means a principal, director, manager, or other supervisor or leader within an elementary school or secondary school (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), State-based early education program, or childcare center. (2) Schools The term school means an early education program, childcare center, or elementary school or secondary school (as such terms are so defined) that is not an Internet- or computer-based community school. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2023 through 2028. 399V–8. Grants to provide for CPR and AED training and purchase of AED equipment for public childcare centers, elementary, middle, and secondary schools (a) Authority To make grants The Secretary, in consultation with the Secretary of Education, shall award grants to eligible local educational agencies— (1) to enable such local educational agencies to purchase AEDs and offer CPR and AED training courses that are nationally certified; or (2) to enable such local educational agencies to award funding to eligible schools that are served by the local educational agency to purchase and maintain AEDs and offer CPR and AED training courses that are nationally certified. (b) Use of funds An eligible local educational agency receiving a grant under this section, or an eligible school receiving grant funds under this section through an eligible local educational agency, shall use the grant funds— (1) to pay a nationally recognized training organization, such as the American Heart Association, the American Red Cross, or the National Safety Council, for instruction, materials, and equipment expenses associated with CPR and AED training in accordance with the materials and resources developed under section 399V–7(a)(3); or (2) if the local educational agency or an eligible school served by such agency meets the conditions described under subsection (c)(2), to purchase AED devices for eligible schools and pay the costs associated with obtaining the certifications necessary to meet the guidelines established in section 399V–7(a)(4). (c) Grant eligibility (1) Application To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information and certifications as such Secretary may reasonably require. (2) AED allocation and training To be eligible for grant funding to purchase AED devices as described in subsection (b)(2), an eligible local educational agency shall demonstrate to the Secretary that such local educational agency or an eligible school served by such agency has or intends to implement a CPR and AED training program and has or intends to implement an emergency cardiac response plan as of the date of the submission of the grant application. (d) Priority of award The Secretary shall award grants under this section to eligible local educational agencies based on 1 or more of the following priorities: (1) A demonstrated need for a CPR or AED training program in an eligible school or a community served by an eligible school, which may include— (A) schools that do not already have an automated AED on school grounds; (B) schools in which there are a significant number of students on school grounds during a typical day, as determined by the Secretary; (C) schools for which the average time required for emergency medical services (as defined in section 330J(e)) to reach the school is greater than the average time required for emergency medical services to reach other public facilities in the community; and (D) schools that have not received funds under the Rural Access to Emergency Devices Act ( 42 U.S.C. 254c note). (2) A demonstrated need for continued support of an existing CPR or AED training program in an eligible school or a community served by an eligible school. (3) A demonstrated need for expanding an existing CPR or AED training program by adding training in the implementation of an emergency cardiac response plan. (4) Previously identified opportunities to encourage and foster partnerships with and among community organizations, including emergency medical service providers, fire and police departments, nonprofit organizations, public health organizations, parent-teacher associations, and local and regional youth sports organizations to aid in providing training in both CPR and AED usage and in obtaining AED equipment. (e) Matching funds required (1) In general To be eligible to receive a grant under this section, an eligible local educational agency shall provide matching funds from non-Federal sources in an amount equal to not less than 25 percent of the total grant amount. (2) Waiver The Secretary may waive the requirement of paragraph (1) for an eligible local educational agency if the number of children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c)(1)(A) ) for the local educational agency is 20 percent or more of the total number of children aged 5 to 17, inclusive, served by the eligible local educational agency. (f) Definitions In this section: (1) Eligible local educational agency The term eligible local educational agency means a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), that has established a plan to follow the guidelines and carry out the recommendations described under section 399V–7(a) regarding cardiac emergencies. (2) Eligible school The term eligible school means a public elementary, middle, or secondary school, including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2023 through 2028. 399V–9. Requirement to include cardiac conditions in existing research and investigations The Director of the Centers for Disease Control and Prevention shall develop data collection methods, to be included in the School Health Policies and Practices Survey, to determine the degree to which school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals have an understanding of cardiac issues described in section 399V–7. Such data collection methods shall be designed to collect information about— (1) the ability to accurately identify early symptoms of a cardiac condition, such as cardiomyopathy leading to cardiac arrest, and sudden cardiac death; (2) the dissemination of training described in section 399V–7(a)(3) regarding the proper performance of cardiopulmonary resuscitation; and (3) the dissemination of guidelines and training described in section 399V–7(a)(4) regarding the placement and use of automatic external defibrillators. . 3. Prevention and treatment of youth athlete concussions Title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ) is amended by adding at the end the following: H Youth athletic safety 1 State requirements for the prevention and treatment of concussions 8701. Minimum State requirements (a) In general Beginning for fiscal year 2023, as a condition of receiving funds under this Act for a fiscal year, a State shall, not later than July 1 of the preceding fiscal year, certify to the Secretary in accordance with subsection (b) that the State has in effect and is enforcing a law or regulation that, at a minimum, establishes the following requirements: (1) Local educational agency concussion safety and management plan Each local educational agency in the State (including each public charter school that is considered a local educational agency under State law), in consultation with members of the community in which the local educational agency is located, and taking into consideration the guidelines of the Centers for Disease Control and Prevention’s Pediatric Mild Traumatic Brain Injury Guideline Workgroup, shall develop and implement a standard plan for concussion safety and management for public schools served by the local educational agency that includes— (A) the education of students, school administrators, educators, coaches, youth sports organizations, parents, and school personnel about concussions, including— (i) training of school personnel on evidence-based concussion safety and management, including prevention, recognition, risk, academic consequences, and response for both initial and any subsequent concussions; and (ii) using, maintaining, and disseminating to students and parents release forms, treatment plans, observation, monitoring, and reporting forms, recordkeeping forms, and post-injury and prevention fact sheets about concussions; (B) supports for each student recovering from a concussion, including— (i) guiding the student in resuming participation in school-sponsored athletic activities and academic activities with the help of a multidisciplinary concussion management team, which shall include— (I) a health care professional, the parents of such student, and other relevant school personnel; and (II) an individual who is assigned by the public school in which the student is enrolled to oversee and manage the recovery of the student; (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on such student; and (iii) if the student's symptoms of concussion persist for a substantial period of time— (I) evaluating the student in accordance with section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ) to determine whether the student is eligible for services under part B of such Act ( 20 U.S.C. 1411 et seq. ); or (II) evaluating whether the student is eligible for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (C) best practices, as defined by national neurological medical specialty and sports health organizations, designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, including— (i) disseminating information on concussion safety and management to the public; and (ii) applying best practice and uniform standards for concussion safety and management to all students enrolled in the public schools served by the local educational agency. (2) Posting of information on concussions Each public school in the State shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that— (A) is based on peer-reviewed scientific evidence or consensus (such as information made available by the Centers for Disease Control and Prevention); (B) shall include— (i) the risks posed by sustaining a concussion or multiple concussions; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include— (i) the definition of a concussion under section 8702(1); (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to a concussion If any school personnel of a public school in the State suspect that a student has sustained a concussion during a school-sponsored athletic activity or other school-sponsored activity— (A) the student shall be— (i) immediately removed from participation in such activity; and (ii) prohibited from resuming participation in school-sponsored athletic activities— (I) on the day the student sustained the concussion; and (II) until the day the student is capable of resuming such participation, according to the student's written release, as described in paragraphs (4) and (5); (B) the school personnel shall report to the concussion management team described under paragraph (1)(B)(i)— (i) that the student may have sustained a concussion; and (ii) all available information with respect to the student's injury; and (C) the concussion management team shall confirm and report to the parents of the student— (i) the type of injury, and the date and time of the injury, suffered by the student; and (ii) any actions that have been taken to treat the student. (4) Return to athletics If a student enrolled in a public school in the State sustains a concussion, before the student resumes participation in school-sponsored athletic activities, the relevant school personnel shall receive a written release from a health care professional, that— (A) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that— (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on the student on a progressive basis so long as such increases in exertion do not cause the re-emergence or worsening of symptoms of a concussion; and (B) states that the student is capable of resuming participation in such activities once the student is asymptomatic. (5) Return to academics If a student enrolled in a public school in the State has sustained a concussion, the concussion management team (as described under paragraph (1)(B)(i)) of the school shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including— (A) providing for periods of cognitive rest over the course of the school day; (B) providing modified academic assignments; (C) allowing for gradual reintroduction to cognitive demands; and (D) other appropriate academic accommodations or adjustments. (b) Certification requirement The certification required under subsection (a) shall be in writing and include a description of the law or regulation that meets the requirements of subsection (a). 8702. Definitions In this part: (1) Concussion The term concussion means a type of mild traumatic brain injury that— (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the physiological state of the individual, causing the individual to experience— (i) any period of observed or self-reported— (I) transient confusion, disorientation, or altered consciousness; (II) dysfunction of memory around the time of injury; or (III) disruptions in gait or balance; and (ii) symptoms that may include— (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) occurs— (i) with or without the loss of consciousness; and (ii) during participation— (I) in a school-sponsored athletic activity; or (II) in any other activity without regard to whether the activity takes place on school property or during the school day. (2) Health care professional The term health care professional means a physician (including a medical doctor or doctor of osteopathic medicine), registered nurse, athletic trainer, physical therapist, neuropsychologist, or other qualified individual— (A) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; and (B) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury among a pediatric population. (3) Parent The term parent means biological or adoptive parents or legal guardians, as determined by applicable State law. (4) Public school The term public school means an elementary school or secondary school (as such terms are so defined), including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (5) School personnel The term school personnel includes teachers, principals, administrators, counselors, social workers, psychologists, nurses, librarians, coaches and athletic trainers, and other support staff who are employed by a school or who perform services for the school on a contractual basis. (6) School-sponsored athletic activity The term school-sponsored athletic activity means— (A) any physical education class or program of a public school; (B) any athletic activity authorized by a public school that takes place during the school day on the school’s property; (C) any activity of an extracurricular sports team, club, or league organized by a public school; and (D) any recess activity of a public school. . 4. Heat advisory and heat acclimatization guidelines for secondary school athletics Part H of title VIII of the Elementary and Secondary Education Act of 1965, as added by this Act, is amended by adding at the end the following: 2 Heat advisory and heat acclimatization procedures 8711. Heat advisory and heat acclimatization procedures (a) Materials and resources The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall develop public education and awareness materials and resources to be disseminated to school administrators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include— (1) information regarding the health risks associated with exposure to excessive heat and excessive humidity, as defined by the National Weather Service; (2) tips and recommendations on how to avoid heat-related illness, including proper hydration and access to the indoors or cooling stations; and (3) strategies for heat-acclimatization that address the types and duration of athletic activities considered to be generally safe during periods of excessive heat. (b) Implantation of excessive heat action plan Public schools shall develop an excessive heat action plan to be used during all school-sponsored athletic activities that occur during periods of excessive heat and humidity. Such plan shall— (1) be in effect prior to full scale athletic participation by students, including any practices or scrimmages prior to the beginning of the school’s academic year; and (2) apply to days when an Excessive Heat Watch or Excessive Heat Warning or Advisory has been issued by the National Weather Service for the area in which the athletic event is to take place. . 5. Guidelines for emergency action plans for athletics The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Secretary of Education, shall work with stakeholder organizations to develop recommended guidelines for the development of emergency action plans for youth athletics. Such plans shall include the following: (1) Identifying the characteristics of an athletic, medical, or health emergency. (2) Procedures for accessing emergency communication equipment and contacting emergency personnel, including providing directions to the specific location of the athletic venue that is used by the youth athletic group or organization. (3) Instructions for accessing and utilizing appropriate first-aid, CPR techniques, and emergency equipment, such as an automatic external defibrillator. 6. Guidelines for safe energy drink use by youth athletes (a) Development of guidelines Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, in collaboration with the Director of the Centers for Disease Control and Prevention and other related Federal agencies, may— (1) develop information about the ingredients used in energy drinks and the potential side effects of energy drink consumption; and (2) recommend guidelines for the safe use of energy drink consumption by youth, including youth participating in athletic activities. (b) Dissemination of guidelines Not later than 6 months after any information or guidelines are developed under subsection (a), the Secretary of Education, in coordination with the Commissioner of Food and Drugs, shall disseminate such information and guidelines to school administrators, educators, school health professionals, coaches, families, and other appropriate individuals. (c) Energy drink defined In this section, the term energy drink means a class of products in liquid form, marketed as either a dietary supplement or conventional food under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), for the stated purpose of providing the consumer with added physical or mental energy, and that contains each of the following: (1) Caffeine. (2) At least 1 of the following ingredients: (A) Taurine. (B) Guarana. (C) Ginseng. (D) B vitamins such as cobalamin, folic acid, pyridoxine, or niacin. (E) Any other ingredient added for the express purpose of providing physical or mental energy, as determined during the development of guidelines in accordance with subsection (a). (d) Prohibition on restriction of marketing and sales of energy drinks Nothing in this section shall be construed to provide the Commissioner of Food and Drugs with authority to regulate the marketing and sale of energy drinks, beyond such authority as such Commissioner has as of the date of enactment of this Act. 7. Research relating to youth athletic safety (a) Expansion of CDC Research Section 301 of the Public Health Service Act ( 42 U.S.C. 241 ) is amended by adding at the end the following: (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate surveillance activities with respect to cardiac conditions, concussions, and heat-related illnesses among youth athletes. . (b) Report to Congress Not later than 6 years after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention and the Secretary of Education shall prepare and submit a joint report to Congress that includes information, with respect to the 5-year period beginning after the date of enactment of this Act, about— (1) the number of youth fatalities that occur while a youth is participating in an athletic activity, and the cause of each of those deaths; (2) the number of catastrophic injuries sustained by a youth while the youth is participating in an athletic activity, and the cause of such injury; (3) demographic information on youth fatalities and catastrophic injury; (4) national surveillance data on the incidence and prevalence of cardiomyopathy and other cardiac conditions, concussions, and heat-related illnesses among youth athletes; and (5) effectiveness of CPR and AED usage in cardiac emergency situations among young athletes. 8. Conforming amendments The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8601 the following new items: PART H—Youth athletic safety SUBPART 1—State requirements for the prevention and treatment of concussions Sec. 8701. Minimum State requirements. Sec. 8702. Definitions. SUBPART 2—Heat advisory and heat acclimatization procedures Sec. 8711. Heat advisory and heat acclimatization procedures. . | https://www.govinfo.gov/content/pkg/BILLS-117s4056is/xml/BILLS-117s4056is.xml |
117-s-4057 | II 117th CONGRESS 2d Session S. 4057 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Peters (for himself, Mr. Romney , Mr. Burr , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes.
1. Short title This Act may be cited as the Strategic EV Management Act of 2022 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the General Services Administration. (2) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (4) Director The term Director means the Director of the Office of Management and Budget. 3. Strategic guidance (a) In general Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with the Director, shall coordinate with the heads of agencies to develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management. (b) Contents The strategic plan required under subsection (a) shall— (1) seek to maximize both environmental and cost efficiencies; and (2) incorporate— (A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation; (B) guidelines for reusing and recycling the batteries of retired vehicles; and (C) any other considerations determined appropriate by the Administrator and Director. (c) Modification The Administrator, in consultation with the Director, may periodically modify the strategic plan required under subsection (a) as the Administrator and Director may determine necessary. (d) Consultation In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with appropriate entities, including— (1) the Secretary of Energy; (2) the Chair of the Council on Environmental Quality; (3) scientists who are studying electric vehicle batteries and reuse and recycling solutions; (4) laboratories, companies, or start-ups engaged in battery use, reuse, and recycling research; (5) industries interested in electric vehicle battery reuse and recycling; (6) electric vehicle equipment manufacturers and recyclers; and (7) any other relevant entities, as determined by the Administrator and Director. (e) Report (1) In general Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). (2) Briefing Not later than 4 years after the date of enactment of this Act, the Administrator and the Director shall brief the appropriate congressional committees on the implementation of the strategic plan required under subsection (a) across agencies. | https://www.govinfo.gov/content/pkg/BILLS-117s4057is/xml/BILLS-117s4057is.xml |
117-s-4058 | II 117th CONGRESS 2d Session S. 4058 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. King introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to establish a grant program to be known as the Mental Health Licensure Portability Program to award grants to eligible entities, and for other purposes.
1. Short title This Act may be cited as the Compacts, Access, and Responsible Expansion for Mental Health Professionals Act or the C.A.R.E. for Mental Health Professionals Act . 2. Mental Health Licensure Portability Program (a) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator, shall establish a grant program to be known as the Mental Health Licensure Portability Program to award grants to eligible entities for projects to— (1) incentivize counselors to practice in States that have entered into interstate compacts for the purpose of expanding the workforce of credentialed mental health professionals; and (2) develop, operate, or maintain interstate compact commissions authorized to effectuate the provisions of interstate compacts entered into by such States. (b) Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Health Resources and Services Administration. (2) Commission The term commission means a joint interstate governmental agency comprised of States that have entered into an interstate compact for the purpose of implementing, facilitating, and effectuating provisions of such interstate compact. (3) Counselor The term counselor means a licensed professional that is trained to give guidance to individuals, families, and groups with respect to personal, social, or psychological problems. (4) Eligible entity The term eligible entity means a professional, psychiatric, psychological, or pediatric counseling interstate compact commission or licensure board of a State that is participating in an occupational licensure interstate compact. (5) Interstate compact The term compact means an occupational licensure agreement enacted by 2 or more States that is based on the mutual recognition of professional qualifications through criteria stipulated in such agreement, in which a State agrees to recognize the issuance of a license by another State to a counselor, psychiatrist, psychologist, or pediatric mental health professional. (6) State The term State has the meaning given the term in section 6501 of title 31, United States Code. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this Act such sums as may be necessary for each of fiscal years 2023 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s4058is/xml/BILLS-117s4058is.xml |
117-s-4059 | II 117th CONGRESS 2d Session S. 4059 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Grassley (for himself, Mr. Durbin , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of Defense to replace equipment provided to Ukraine by certain member countries of the North Atlantic Treaty Organization.
1. Replacement of defense equipment, support capabilities, and articles provided to Ukraine by certain member countries of the North Atlantic Treaty Organization (a) In general Subject to subsection (d), as soon as practicable, the Secretary of Defense shall, pursuant to the authority provided in the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), section 362 of title 10, United States Code, and the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), transfer to covered NATO allies equipment, defense support capabilities, and relevant defense articles that have been authorized, procured, and contracted by, and are available to, the Department of Defense. (b) Purpose The purpose of the transfers required by subsection (a) is to replace equipment provided by covered NATO allies to Ukraine during the covered period to defend Ukraine against aggression and other malign influence by the Russian Federation. (c) Inclusions The equipment, defense support capabilities, and relevant defense articles referred to in subsection (a) shall include— (1) air defense systems; (2) unmanned aerial vehicles; (3) anti-ship missiles; (4) military vehicles; (5) ammunition; and (6) weapons. (d) Consultation Before making a transfer under subsection (a), the Secretary of Defense shall consult with the Secretary of State with respect to whether the transfer— (1) aligns with United States foreign policy goals; and (2) would result in any significant gap with respect to United States national security. (e) Definitions In this section: (1) Covered NATO ally defined The term covered NATO ally means any member country of the North Atlantic Treaty Organization with a gross domestic product per capita that is less than $30,000, as of April 1, 2022. (2) Covered period The term covered period means the period beginning on January 1, 2022, and ending on the date on which military hostilities by the Russian Federation in Ukraine cease. | https://www.govinfo.gov/content/pkg/BILLS-117s4059is/xml/BILLS-117s4059is.xml |
117-s-4060 | II 117th CONGRESS 2d Session S. 4060 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Reed (for himself, Mr. Whitehouse , Mrs. Feinstein , and Mr. Merkley ) 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 provide for inflation rebates, and for other purposes.
1. Short title This Act may be cited as the Food and Fuel Family Savings Act . 2. Inflation rebates to individuals (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6428B the following new section: 6428C. Inflation rebates to individuals (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 the first taxable year beginning in 2022 an amount equal to the inflation rebate amount determined for such taxable year. (b) Inflation rebate amount For purposes of this section, the term inflation rebate amount means, with respect to any taxpayer for any taxable year, the sum of— (1) $600 ($1,200 in the case of a joint return), plus (2) $600 multiplied by the number of dependents of the taxpayer for such taxable year. (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) Limitation based on adjusted gross income (1) In general The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by the amount which bears the same ratio to such credit (as so determined) as— (A) the excess of— (i) the taxpayer’s adjusted gross income for such taxable year, over (ii) $40,000, bears to (B) $5,000. (2) Special rules (A) Joint return or surviving spouse In the case of a joint return or a surviving spouse (as defined in section 2(a)), paragraph (1) shall be applied by substituting $80,000 for $40,000 and $10,000 for $5,000 . (B) Head of household In the case of a head of household (as defined in section 2(b)), paragraph (1) shall be applied by substituting $60,000 for $40,000 and $7,500 for $5,000 . (e) 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 $600 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 $1,200 amount in subsection (b)(1) shall be treated as being— (i) $600 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) Dependents A dependent shall not be taken into account under subsection (b)(2) unless the valid identification number of such dependent is included on the return of tax for the taxable year. (D) Valid identification number (i) In general 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. (ii) Adoption taxpayer identification number For purposes of subparagraph (C), in the case of a dependent who is adopted or placed for adoption, the term valid identification number shall include the adoption taxpayer identification number of such dependent. (E) 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. (F) Coordination with certain advance payments In the case of any payment determined pursuant to subsection (g)(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. (G) 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. (f) 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) 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 (g). 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 (g) 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. (3) Coordination with possessions of the United States For purposes of this subsection, payments made under subsection (g) include payments made by any jurisdiction other than the United States under section 6428C(g) of the income tax law of such jurisdiction, and payments made by possessions to which section 2(b)(2) of the Food and Fuel Family Savings Act pursuant to a plan described in such section. In carrying out this section, the Secretary shall coordinate with each possession of the United States to prevent any application of this paragraph that is inconsistent with the purposes of this subsection. (g) Advance refunds and credits (1) In general Subject to paragraphs (5) and (6), each individual who was an eligible individual for such individual’s first taxable year beginning in 2020 shall be treated as having made a payment against the tax imposed by chapter 1 for such taxable year in an amount equal to the advance refund amount for such taxable year. (2) Advance refund amount (A) In general For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such taxable year if this section (other than subsection (f) and this subsection) had applied to such taxable year. (B) Treatment of deceased individuals For purposes of determining the advance refund amount with respect to such taxable year— (i) any individual who was deceased before January 1, 2022, shall be treated for purposes of applying subsection (e)(2) in the same manner as if the valid identification number of such person was not included on the return of tax for such taxable year (except that subparagraph (E) thereof shall not apply), (ii) notwithstanding clause (i), in the case of a joint return with respect to which only 1 spouse is deceased before January 1, 2022, such deceased 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 such deceased spouse is included on the return of tax for the taxable year, the valid identification number of 1 (and only 1) spouse shall be treated as included on the return of tax for the taxable year for purposes of applying subsection (e)(2)(B) with respect to such joint return, and (iii) no amount shall be determined under subsection (e)(2) with respect to any dependent of the taxpayer if the taxpayer (both spouses in the case of a joint return) was deceased before January 1, 2022. (3) Timing and manner of payments (A) Timing (i) In general The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this section as rapidly as possible. (ii) Deadline No refund or credit shall be made or allowed under this subsection after December 31, 2022. (B) Manner (i) In general Notwithstanding any other provision of law (including section 913 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693k )), the Secretary shall disburse refunds payable under this subsection by means of a Treasury-sponsored account (as defined in section 208.2 of title 31, Code of Federal Regulations) which is limited to uses at grocery stores and for gasoline. (ii) Application to possessions In the case of a possession described in section 2(b)(1) of the Food and Fuel Family Savings Act , refunds payable under this subsection shall be disbursed in a manner determined by the Secretary, in consultation with the chief executive officer of such possession, to be best suited to meet the purposes of this section and, to the extent possible, subject to the same limitations applicable to refunds made under clause (i). (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 2021 (A) Application to 2021 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 in 2021, paragraph (1) shall be applied with respect to such individual by substituting 2021 for 2020 . (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 in 2021, 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 2021 calendar year filing deadline, or (II) September 1, 2022. (iii) 2021 calendar year filing deadline The term 2021 calendar year filing deadline means the date specified in section 6072(a) with respect to returns for calendar year 2021. (6) Application to certain individuals who have not filed a return of tax for 2020 or 2021 at time of determination 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 year described in paragraph (1) nor for the year described in paragraph (5)(A), the Secretary shall, consistent with rules similar to the rules of section 6428A(f)(5), 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 (d) 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. (h) 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 (g) (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 (g), 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. (i) Outreach The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers described in subsection (h)(1) learn of their eligibility for the advance refunds and credits under subsection (g); are advised of the opportunity to receive such advance refunds and credits as provided under subsection (h)(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 lesser of— (A) the increase (if any) of the administrative expenses of such possession— (i) in the case of a possession described in paragraph (1), by reason of the amendments made by this section, and (ii) in the case of a possession described in paragraph (2), by reason of carrying out the plan described in such paragraph, or (B) $500,000 ($10,000,000 in the case of Puerto Rico). 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 6428C of the Internal Revenue Code of 1986 (as added by this section), nor shall any credit or refund be made or allowed under subsection (g) 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 inserting 6428C, after 6428B, . (2) Exception from reduction or offset Any refund payable by reason of section 6428C(g) 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 6428C, after 6428B, . (B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6428B the following new item: Sec. 6428C. Inflation rebates to individuals. . (d) Other provisions (1) Exception from reduction or offset (A) In general The right of any person to any applicable payment under this section shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. (B) Applicable payment For purposes of this subsection, the term applicable payment means— (i) any advance refund amount paid pursuant to section 6428C(g) of Internal Revenue Code of 1986 (as added by this section), (ii) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in clause (i), and (iii) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. (2) Agency information sharing and assistance (A) In general The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall each provide the Secretary of the Treasury (or the Secretary's delegate) such information and assistance as the Secretary of the Treasury (or the Secretary's delegate) may require for purposes of— (i) making payments under section 6428C(g) of the Internal Revenue Code of 1986 to individuals described in section 6428A(f)(5)(A) thereof, or (ii) providing administrative assistance to a possession of the United States to allow such possession to promptly distribute payments under subsection (b) to its residents. (B) Exchange of information with possessions Any information provided to the Secretary of the Treasury (or the Secretary's delegate) pursuant to subparagraph may be exchanged with a possession of the United States in accordance with the applicable tax coordination agreement for information exchange and administrative assistance that the Internal Revenue Service has agreed to with such possession. (e) Appropriations (1) In general Immediately upon the enactment of this Act, in addition to amounts otherwise available, there are appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated: (A) $1,464,500,000 to remain available until September 30, 2024 for necessary expenses for the Internal Revenue Service for the administration of the advance payments, the provision of taxpayer assistance, and the furtherance of integrated, modernized, and secure Internal Revenue Service systems, of which up to $20,000,000 is available for premium pay for services related to the development of information technology as determined by the Commissioner of the Internal Revenue occurring between January 1, 2022 and December 31, 2023, and all of which shall supplement and not supplant any other appropriations that may be available for this purpose. (B) $7,000,000 to remain available without fiscal year limitation, for necessary expenses for the Bureau of the Fiscal Service to carry out this section (and the amendments made by this section), which shall supplement and not supplant any other appropriations that may be available for this purpose, and (C) $8,000,000 to remain available until September 30, 2024, for the Treasury Inspector General for Tax Administration for the purposes of overseeing activities related to the administration of this section (and the amendments made by this section), which shall supplement and not supplant any other appropriations that may be available for this purpose. (2) Social security administration For an additional amount for Social Security Administration— Limitation on Administrative Expenses , $38,000,000, to remain available until September 30, 2023. (3) Railroad retirement board For an additional amount for “Railroad Retirement Board—Limitation on Administration”, $8,300, to remain available until September 30, 2023. 3. Surcharge on high income individuals, estates, and trusts (a) In general Part I of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 1 the following new section: 1A. Surcharge on high income individuals, estates, and trusts (a) General rule In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to the sum of— (1) 5 percent of so much of the modified adjusted gross income of the taxpayer as exceeds— (A) $10,000,000, in the case of any taxpayer not described in subparagraph (B) or (C), (B) $5,000,000, in the case of a married individual filing a separate return, and (C) $200,000, in the case of an estate or trust, plus (2) 3 percent of so much of the modified adjusted gross income of the taxpayer as exceeds— (A) $25,000,000, in the case of any taxpayer not described in subparagraph (B) or (C), (B) $12,500,000, in the case of a married individual filing a separate return, and (C) $500,000, in the case of an estate or trust. (b) Modified adjusted gross income For purposes of this section, the term modified adjusted gross income means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)) or business interest (as defined in section 163(j)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e), and reduced by the amount allowed as a deduction under section 642(c). (c) Special rules (1) Nonresident aliens and foreign trusts In the case of a nonresident alien individual (other than an individual described in section 876(a) or 877(a)) or a foreign trust, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. (2) Citizens and residents living abroad and certain bona fide residents of possessions Each dollar amount which is applicable to any taxpayer under subsection (a) shall be decreased (but not below zero) by the excess (if any) of— (A) the sum of— (i) amounts excluded from the taxpayer’s gross income under section 911, (ii) amounts excluded from the taxpayer’s gross income under section 931, and (iii) amounts excluded from the taxpayer’s gross income under section 933, over (B) the sum of— (i) amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A)(i), (ii) amounts of any deductions or exclusions disallowed under section 931(b) with respect to the amounts described in subparagraph (A)(ii), and (iii) amounts of any deductions or exclusions disallowed under section 933 with respect to the amounts described in subparagraph (A)(iii). (3) Certain trusts Subsection (a) shall not apply to— (A) a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B), (B) an electing settlement trust (as defined in section 646(h)), or (C) a cemetery perpetual care fund described in section 642(i). (4) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than sections 27 and 901). (5) Electing small business trusts For purposes of the determination of adjusted gross income, section 641(c)(1)(A) shall not apply and all portions of any electing small business trust shall be treated as a single trust. (d) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance to prevent the avoidance of the purposes of this section. . (b) Coordination with certain provisions (1) Interest on certain deferred tax liability Section 453A(c) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: (6) Surcharge on high income individuals taken into account in determining maximum rate of tax For purposes of paragraph (3)(B), the maximum rate of tax in effect under section 1 shall be treated as being equal to the sum of such rate and the rates in effect under paragraphs (1) and (2) of section 1A(a). . (2) Alien residents of Puerto Rico, Guam, American Samoa, or the Northern Mariana Islands Section 876(a) of such Code is amended by striking section 1 and inserting sections 1 and 1A . (3) Expatriation to avoid tax Section 877(b) of such Code is amended by inserting and section 1A after section 1 or 55 . (4) Limitation on foreign tax credit Section 904(b)(3)(E) of such Code is amended— (A) in clause (i)(I), by inserting increased by the sum of the rates set forth in paragraphs (1) and (2) of section 1A(a) after (whichever applies) , (B) in clause (i)(II) by inserting increased by the sum of the rates set forth in paragraphs (1) and (2) of section 1A(a) after section 1(h) , and (C) in clause (ii), by striking referred to in and inserting determined under . (5) Election by individuals to be subject to tax at corporate rates Section 962(a)(1) of such Code is amended by inserting , 1A, after sections 1 . (6) Interest on certain tax deferral Section 1291(c)(2) of such Code is amended by adding at the end the following: For purposes of the preceding sentence, the highest rate of tax in effect under section 1 shall be treated as being equal to the sum of such rate and the rates in effect under paragraphs (1) and (2) of section 1A(a). . (7) Averaging of farm income Section 1301(a) of such Code is amended by striking section 1 both places it appears and inserting sections 1 and 1A . (8) Title 11 cases Section 1398(c)(2) of such Code is amended by inserting and tax shall be imposed under section 1A by treating the estate as a married individual filing a separate return before the period at the end. (9) Withholding of tax on foreign partners’ share of effectively connected income Section 1446(b)(2) of such Code is amended by adding at the end the following flush sentence: For purposes of subparagraph (A), the highest rate of tax in effect under section 1 shall be treated as being equal to the sum of such rate and the rates in effect under paragraphs (1) and (2) of section 1A(a). . (10) Relief from joint and several liability on joint return Section 6015(d)(2)(B) of such Code is amended by inserting , 1A, after section 1 . (11) Partnership adjustments (A) Section 6225(b)(1) of such Code is amended by adding at the end the following flush sentence: For purposes of subparagraph (B), the highest rate of tax in effect under section 1 shall be treated as being equal to the sum of such rate and the rates in effect under paragraphs (1) and (2) of section 1A(a). . (B) Section 6225(c)(4)(A) of such Code is amended— (i) by striking subsection (b)(1)(A) and inserting subsection (b)(1)(B) , and (ii) by striking or at the end of clause (i), by adding or at the end of clause (ii), and by inserting after clause (ii) the following new clause: (iii) is not an individual subject to one or both of the rates of tax in effect under paragraphs (1) and (2) of section 1A(a), . (12) Required payments for entities electing not to have required taxable year Section 7519(b) of such Code is amended by inserting and increased by the sum of the rates in effect under paragraphs (1) and (2) of section 1A(a) before the period at the end. (c) Clerical amendment The table of sections for part I of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 1 the following new item: Sec. 1A. Surcharge on high income individuals. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 4. Modification of corporate tax rate (a) In general Section 11(b) of the Internal Revenue Code of 1986 is amended to read as follows: (b) Amount of tax (1) In general The amount of the tax imposed by subsection (a) shall be the sum of— (A) 18 percent of so much of the taxable income as does not exceed $400,000, (B) 21 percent of so much of the taxable income as exceeds $400,000 but does not exceed $5,000,000, and (C) 26.5 percent of so much of the taxable income as exceeds $5,000,000. In the case of a corporation which has taxable income in excess of $10,000,000 for any taxable year, the amount of tax determined under the preceding sentence for such taxable year shall be increased by the lesser of (i) 3 percent of such excess, or (ii) $287,000. (2) Certain personal service corporation not eligible for graduated rates Notwithstanding paragraph (1), the amount of the tax imposed by subsection (a) on the taxable income of a qualified personal service corporation (as defined in section 448(d)(2)) shall be equal to 26.5 percent of the taxable income. . (b) Conforming amendments (1) Section 1561 of the Internal Revenue Code of 1986 is amended to read as follows: 1561. Limitation on certain multiple tax benefits in the case of certain controlled corporations (a) In general The component members of a controlled group of corporations on a December 31 shall, for their taxable years which include such December 31, be limited for purposes of this subtitle to— (1) amounts in each taxable income bracket in the subparagraphs of section 11(b)(1) which do not aggregate more than the maximum amount in each such bracket to which a corporation which is not a component member of a controlled group is entitled, and (2) one $250,000 ($150,000 if any component member is a corporation described in section 535(c)(2)(B)) amount for purposes of computing the accumulated earnings credit under section 535(c)(2) and (3). The amounts specified in paragraph (1) shall be divided equally among the component members of such group on such December 31 unless all of such component members consent (at such time and in such manner as the Secretary shall by regulations prescribe) to an apportionment plan providing for an unequal allocation of such amounts. The amounts specified in paragraph (2) shall be divided equally among the component members of such group on such December 31 unless the Secretary prescribes regulations permitting an unequal allocation of such amounts. Notwithstanding paragraph (1), in applying the last sentence of section 11(b)(1) to such component members, the taxable income of all such component members shall be taken into account and any increase in tax under such last sentence shall be divided among such component members in the same manner as amounts under paragraph (1). (b) Certain short taxable years If a corporation has a short taxable year which does not include a December 31 and is a component member of a controlled group of corporations with respect to such taxable year, then for purposes of this subtitle— (1) the amount in each taxable income bracket in the tax table in section 11(b) of such corporation for such taxable year, and (2) the amount to be used in computing the accumulated earnings credit under section 535(c)(2) and (3) of such corporation for such taxable year, shall be the amount specified in subsection (a)(1) or (2), as the case may be, divided by the number of corporations which are component members of such group on the last day of such taxable year. For purposes of the preceding sentence, section 1563(b) shall be applied as if such last day were substituted for December 31 . . (2) The table of sections for part II of subchapter B of chapter 6 of such Code is amended by striking the item relating to section 1561 and inserting the following: Sec. 1561. Limitation on certain multiple tax benefits in the case of certain controlled corporations. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. (d) Normalization requirements (1) In general A normalization method of accounting shall not be treated as being used with respect to any public utility property for purposes of section 167 or 168 of the Internal Revenue Code of 1986 if the taxpayer, in computing its cost of service for ratemaking purposes and reflecting operating results in its regulated books of account, reduces the tax reserve deficit less rapidly or to a lesser extent than such reserve would be reduced under the average rate assumption method. (2) Alternative Method for Certain Taxpayers If, as of the first day of the taxable year that includes the date of enactment of this Act— (A) the taxpayer was required by a regulatory agency to compute depreciation for public utility property on the basis of an average life or composite rate method, and (B) the taxpayer’s books and underlying records did not contain the vintage account data necessary to apply the average rate assumption method, the taxpayer will be treated as using a normalization method of accounting if, with respect to such jurisdiction, the taxpayer uses the alternative method for public utility property that is subject to the regulatory authority of that jurisdiction. (3) Definitions For purposes of this subsection— (A) Tax reserve deficit The term tax reserve deficit means the excess of— (i) the amount which would be the balance in the reserve for deferred taxes (as described in section 168(i)(9)(A)(ii) of the Internal Revenue Code of 1986, or section 167(l)(3)(G)(ii) or 168(3)(3)(B)(ii) of such Code as in effect on the day before the date of the enactment of the Tax Reform Act of 1986) if the amount of such reserve were determined by assuming that the corporate rate increases provided in the amendments made by this section were in effect for all prior periods, over (ii) the balance in such reserve as of the day before such corporate rate increases take effect. (B) Average rate assumption method The average rate assumption method is the method under which the tax reserve deficit is reduced over the remaining lives of the property as used in its regulated books of account which gave rise to the reserve for deferred taxes. Under such method, if timing differences for the property reverse, the amount of the adjustment to the reserve for the deferred taxes is calculated by multiplying— (i) the ratio of the aggregate deferred taxes for the property to the aggregate timing differences for the property as of the beginning of the period in question, by (ii) the amount of the timing differences which reverse during such period. (C) Alternative method The alternative method is the method in which the taxpayer— (i) computes the tax reserve deficit on all public utility property included in the plant account on the basis of the weighted average life or composite rate used to compute depreciation for regulatory purposes, and (ii) reduces the tax reserve deficit ratably over the remaining regulatory life of the property. (4) Treatment of normalization violation If, for any taxable year ending after the date of the enactment of this Act, the taxpayer does not use a normalization method of accounting for the corporate rate increases provided in the amendments made by this section , such taxpayer shall not be treated as using a normalization method of accounting for purposes of subsections (f)(2) and (i)(9)(C) of section 168 of the Internal Revenue Code of 1986. (5) Regulations The Secretary of the Treasury, or the Secretary’s designee, shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance to provide appropriate coordination between this subsection, section 13001(d) of Public Law 115–97 , and section 203(e) of the Tax Reform Act of 1986. | https://www.govinfo.gov/content/pkg/BILLS-117s4060is/xml/BILLS-117s4060is.xml |
117-s-4061 | II 117th CONGRESS 2d Session S. 4061 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Stabenow (for herself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to modify the definition of water heater under energy conservation standards, and for other purposes.
1. Water heaters (a) Definition of water heater Section 321 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 ) is amended by striking paragraph (27) and inserting the following: (27) Water heater (A) In general The term water heater means a product that utilizes oil, gas, or electricity to heat potable water for use outside the heater on demand, including— (i) storage type units that heat and store water at a thermostatically controlled temperature, including— (I) gas storage water heaters with an input of 75,000 Btu per hour or less, including heat pump type units that meet the current and voltage limits described in clause (iii); (II) oil storage water heaters with an input of 105,000 Btu per hour or less; and (III) electric storage water heaters with an input of 12 kilowatts or less, including heat pump type units that meet the current and voltage limits described in clause (iii); (ii) (I) instantaneous type units that heat water but contain not more than 1 gallon of water per 4,000 Btu per hour of input; and (II) in the case of— (aa) gas instantaneous water heaters, have an input of 200,000 Btu per hour or less and are designed and marketed to provide outlet hot water at a thermostatically controlled temperature of less than 180 degrees Fahrenheit; (bb) oil instantaneous water heaters, have an input of 210,000 Btu per hour or less; and (cc) electric instantaneous water heaters, have an input of 12 kilowatts or less; (iii) heat pump type units (including add-on heat pumps, integrated heat pumps with storage, split-system heat pumps that consist of a separate heat pump and storage tank that are designed and marketed to operate together, and all ancillary equipment, such as fans, storage tanks, pumps, electric resistance heating elements, or controls necessary for the device to perform its function) that— (I) have a maximum current rating of 24 amperes at a voltage not greater than 250 volts; and (II) are designed to transfer thermal energy from 1 temperature level to a different temperature level for the purpose of heating water; (iv) solar thermal-assisted electric storage units; and (v) solar thermal-assisted fossil fuel storage units. (B) Exclusions Except as provided by the Secretary in accordance with section 325(e)(7)(B), the term water heater does not include— (i) electric storage type units described in subparagraph (A)(i)(III) that— (I) are designed and marketed exclusively for commercial building applications; and (II) (aa) are designed, constructed, inspected, tested, and stamped in accordance with the most current Section IV, Part HLW, or Section X of the Boiler and Pressure Vessel Code promulgated by the American Society of Mechanical Engineers; (bb) exclusively use 3-phase electricity, are designed and marketed to provide outlet hot water at a thermostatically controlled temperature of 180 degrees Fahrenheit or greater, and operate only at rated voltages of not less than 208 volts; or (cc) exclusively use single-phase electricity, are designed and marketed to provide outlet hot water at a thermostatically controlled temperature of 180 degrees Fahrenheit or greater, and operate only at a rated voltage of 277 volts; or (ii) gas storage type units described in subparagraph (A)(i)(I) that— (I) are designed and marketed exclusively for commercial building applications; and (II) are designed, constructed, inspected, tested, and stamped in accordance with the most current Section IV, Part HLW, of the Boiler and Pressure Vessel Code promulgated by the American Society of Mechanical Engineers. (C) Multi-input electric storage water heater The term multi-input electric storage water heater means a product that— (i) is not a heat pump type unit described in subparagraph (A)(iii); and (ii) is designed, marketed, or shipped from the manufacturer with a capability of operating or being configured to operate at inputs greater than, equal to, or below 12 kilowatts. (D) Solar thermal-assisted electric storage unit The term solar thermal-assisted electric storage unit means a unit that— (i) has an input of 12 kilowatts or less; (ii) has at least 2 dedicated ports in addition to the ports used for introduction and delivery of potable water for the supply and return of water or a heat transfer fluid heated externally by solar collector or solar thermal collector; (iii) does not have electric resistance heating elements located in the lower half of the storage tank; (iv) has the temperature sensing device that controls the auxiliary electric heat source located in the upper half of the storage tank; and (v) has a ratio of less than 0.70 for the proportion that the certified first hour rating bears to the nominal volume of the storage tank tested without solar energy input. . (b) Test procedures Section 323(b)(3) of the Energy Policy and Conservation Act ( 42 U.S.C. 6293(b)(3) ) is amended— (1) by striking (3) Any test and inserting the following: (3) Design of test procedures (A) In general Any test ; and (2) by adding at the end the following: (B) Electric storage water heaters demand response capabilities requirements Any test procedures prescribed or amended under this section for electric storage water heaters for which the Secretary has established requirements for demand response capabilities under section 325A shall be designed to assess compliance with those requirements in addition to producing the test results described in subparagraph (A). . (c) Standards for water heaters Section 325(e) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(e) ) is amended by adding at the end the following: (7) Exempted water heaters (A) Definition of exempted water heater In this paragraph, the term exempted water heater means a water heater described in section 321(27)(B). (B) Monitoring of shipments (i) Submission of data Not later than 90 days after the date of enactment of this paragraph, and not later than May 1 of each year thereafter, the Secretary shall require each manufacturer of water heaters to report to the Secretary the quantity of exempted water heaters, in each category of exempted water heaters, that the manufacturer shipped in the preceding calendar year. (ii) Confidentiality requirements The Secretary shall treat shipment data reported by manufacturers under clause (i) as confidential business information subject to appropriate confidential data safeguards. (iii) Publication (I) Baseline shipment data Not later than 120 days after the date of enactment of this paragraph, the Secretary shall publish an analysis of the data collected under clause (i) for public comment, subject to applicable confidentiality safeguards, which shall serve as the baseline data for the analysis described in subclause (II)(bb). (II) Percentage growth from baseline Not later than June 1 of each year after the year in which the Secretary publishes data under subclause (I), the Secretary shall publish— (aa) an analysis of the data collected under clause (i) for public comment, subject to applicable confidentiality safeguards; (bb) the percentage growth in the number of shipments within each category of exempted water heater relative to the baseline data described in subclause (I); and (cc) the determination of the Secretary as to whether the number of shipments for any category of exempted water heater have increased by more than 25 percent compared to the baseline data for that category. (C) Inclusion of exempted water heaters (i) In general If the Secretary makes an affirmative determination under subparagraph (B)(iii)(II)(cc) for a category of exempted water heater— (I) the Secretary, by regulation, shall provide that, for purposes of this part, the term water heater includes that category of exempted water heater; and (II) beginning on the effective date of the regulation described in subclause (I), the exclusion described in section 321(27)(B) shall not apply to that category of exempted water heater. (ii) Energy conservation standards Any category of exempted water heater included in the definition of water heater under clause (i) shall be required to meet the energy conservation standards applicable to an electric or gas storage type water heater under this part. (iii) Effective date For any category of exempted water heater, the Secretary shall carry out clause (i), and require compliance under clause (ii), not later than 1 year after the date on which the Secretary makes the affirmative determination described in clause (i) for that category. (8) Standards for multi-input electric storage water heaters A multi-input electric storage water heater shall be subject to the test procedures, energy conservation standards, labeling (if applicable), and certification requirements— (A) for electric storage water heaters under this part; and (B) for storage water heaters under part C. . (d) Water heater demand response capabilities requirements (1) In general Part B of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 et seq. ) is amended by inserting after section 325 the following: 325A. Water heater demand response capabilities requirements (a) Definitions In this section: (1) Demand response The term demand response means changes in electricity usage by demand-side resources from the normal consumption patterns of those demand-side resources in response to— (A) changes in the price of electricity over time; or (B) incentive payments designed to induce lower electricity use— (i) at times of high wholesale market prices; or (ii) during periods in which system reliability is jeopardized. (2) Demand response capabilities The term demand response capabilities means the hardware or software, including any combination of hardware and software, that is necessary to participate in a demand response program, as determined by the Secretary. (b) Requirements (1) Initial requirements (A) In general The Secretary shall— (i) determine, in accordance with subparagraph (D), whether to require that electric storage water heaters possess demand response capabilities; and (ii) not later than December 31, 2024— (I) promulgate a final rule with the requirement described in clause (i); or (II) issue a public notice of a negative determination under that clause. (B) Storage capacities The Secretary may make separate determinations under subparagraph (A) for water heaters of different storage capacities. (C) Effect of negative determination If the Secretary makes a negative determination under subparagraph (A)(i), nothing in this paragraph shall prohibit the Secretary from completing the rulemaking described in subclause (I) of subparagraph (A)(ii) after the date described in that subparagraph if the Secretary later determines that such rulemaking is necessary. (D) Determination (i) In general In carrying out subparagraph (A)(i), the Secretary shall make an affirmative determination under that subparagraph if the Secretary determines that— (I) the requirement is needed to promote participation in demand response programs; and (II) the demand response capabilities are— (aa) technologically feasible; and (bb) economically justified. (ii) Economically justified In considering whether demand response capabilities are economically justified under clause (i)(II)(bb), the Secretary shall consider— (I) the factors described in subclauses (I), (II), (IV), (V), (VI), and (VII) of section 325(o)(2)(B)(i); and (II) in the case of the factor described in subclause (II) of that section, the projected financial impact on consumers participating in demand response programs. (E) Requirement Any rule promulgated by the Secretary under subparagraph (A)(ii)(I) shall not be used to justify a higher or lower energy conservation standard than would otherwise have been selected. (F) Industry standards In establishing requirements for demand response capabilities under a rule promulgated under subparagraph (A)(ii)(I), the Secretary shall consider industry consensus standards developed or recognized by the Air-Conditioning, Heating, and Refrigeration Institute. (2) Revisions (A) In general The Secretary may revise any requirements established under a rule promulgated under paragraph (1)(A)(ii)(I) if, in the determination of the Secretary— (i) a revision is needed to promote participation in demand response programs; and (ii) the demand response capabilities to be required under the revised requirements are— (I) technologically feasible; and (II) economically justified. (B) Requirement Any revision under this paragraph shall be subject to the requirements of subparagraphs (C) through (E) of paragraph (1). (c) Preemption (1) In general Except as provided in paragraph (2), effective on the date on which a final rule is issued by the Secretary under subsection (b)(1)(A)(ii)(I), no law or regulation of a State or political subdivision of a State requiring electric storage water heater demand response capabilities for water heaters subject to requirements established by the Secretary shall be effective. (2) Exception (A) In general Paragraph (1) shall not apply to a law or regulation of a State or political subdivision of a State if the law was in effect, or the regulation was finalized, before the date on which the final rule described in that paragraph is issued. (B) Amendment of State or local law (i) In general Subject to clause (ii), paragraph (1) shall not apply to the amendment of a law or regulation described in subparagraph (A) if the amendment is made— (I) in the case of the first amendment, not less than 5 years after the date on which the law or regulation became effective or was finalized, respectively; or (II) in the case of any subsequent amendment, not less than 5 years after the date of any previous amendment to that law or regulation. (ii) Consensus standards An amendment to a law or regulation described in subparagraph (A) solely to incorporate a more recent version of a voluntary consensus standard (as defined in the document of the Office of Management and Budget entitled Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities (OMB Circular A–119)) shall not be considered to be an amendment to that law or regulation for the purposes of this subparagraph. (d) Enforcement A failure to comply with any requirements established by the Secretary under this section shall be— (1) considered to be a violation of section 332; and (2) subject to the enforcement provisions of sections 333 and 334. (e) Savings provision Nothing in this section alters the authority of the Secretary to establish product classes for electric storage water heaters designed to participate in demand response programs. . (2) Clerical amendment The table of contents of the Energy Policy and Conservation Act ( Public Law 94–163 ; 89 Stat. 872) is amended by inserting after the item relating to section 325 the following: Sec. 325A. Water heater demand response capabilities requirements. . (3) Conforming amendments (A) Section 326 of the Energy Policy and Conservation Act ( 42 U.S.C. 6296 ) is amended— (i) in subsection (b)— (I) in paragraph (3)(A)— (aa) by inserting or a requirement established under section 325A after section 325 ; and (bb) by inserting or requirement after that standard ; and (II) in paragraph (5), by striking or 325 and inserting 325, or 325A ; and (ii) in subsection (d)(1)— (I) in the second sentence, by striking In making and inserting the following: (C) Requirement In making ; (II) in the first sentence— (aa) by striking energy efficiency and all that follows through standard, as and inserting the matters described in subparagraph (B), as ; and (bb) by striking and energy conservation standards and inserting energy conservation standards, and requirements for water heater demand response capabilities (as defined in section 325A(a)) ; (III) by striking (1) For purposes and inserting the following: (1) Information and reports (A) In general For purposes ; and (IV) by inserting after subparagraph (A) (as so designated) the following: (B) Matters described The matters referred to in subparagraph (A) are, with respect to a covered product described in that subparagraph— (i) energy efficiency; (ii) energy use; (iii) in the case of showerheads, faucets, water closets, and urinals, the water use of that covered product; (iv) the economic impact of any proposed energy conservation standard; and (v) in the case of electric storage water heaters— (I) water heater demand response capabilities (as defined in section 325A(a)); and (II) the economic impact of any proposed requirement for water heater demand response capabilities (as defined in that section). . (B) Section 335 of the Energy Policy and Conservation Act ( 42 U.S.C. 6305 ) is amended by inserting or 325A after section 325 each place it appears. (C) Section 336 of the Energy Policy and Conservation Act ( 42 U.S.C. 6306 ) is amended— (i) in subsection (a)— (I) in paragraph (1), by inserting 325A, after 325, ; and (II) in paragraph (2), by inserting or 325A after 325 ; and (ii) in subsection (b) by striking or 325 each place it appears and inserting 325, or 325A . (e) Definition of commercial water heater Section 340 of the Energy Policy and Conservation Act ( 42 U.S.C. 6311 ) is amended by striking paragraph (12) and inserting the following: (12) (A) Storage water heater (i) In general The term storage water heater means a water heater that— (I) heats and stores water within an appliance at a thermostatically controlled temperature for delivery on demand; and (II) is not a water heater described in section 321(27)(A). (ii) Exclusion The term storage water heater does not include a unit with an input rating of 4,000 Btu per hour or more per gallon of stored water. (B) Instantaneous water heater The term instantaneous water heater means a water heater that— (i) has an input rating of at least 4,000 Btu per hour per gallon of stored water; and (ii) is not a water heater described in section 321(27)(A). (C) Unfired hot water storage tank The term unfired hot water storage tank means a tank used to store water that is heated externally. . (f) Labeling requirements Section 344 of the Energy Policy and Conservation Act ( 42 U.S.C. 6315 ) is amended by adding at the end the following: (l) Labels for certain commercial water heaters (1) In general Notwithstanding any other provision of this section, water heaters described in section 321(27)(B) shall be required to bear a permanent label, applied at the point of manufacture, that, subject to paragraph (3), satisfies the requirements described in paragraph (2). (2) Requirements A label required under paragraph (1) shall— (A) be made of material not adversely affected by water; (B) be attached by means of nonwater-soluble adhesive; and (C) bear the following notice printed in 16.5 point Arial Narrow Bold font: IMPORTANT INFORMATION: Exclusively intended for commercial installations. This model is not certified by the manufacturer to the U.S. Department of Energy as a residential water heater. This model does not have a certified First Hour or UEF rating. . (3) Revision upon petition On receipt of a petition by an interested party, the Secretary may conduct a rulemaking to revise the scope and requirements of the label required under paragraph (1). . (g) Effective date This section and the amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4061is/xml/BILLS-117s4061is.xml |
117-s-4062 | II 117th CONGRESS 2d Session S. 4062 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Lee (for himself, Mr. Romney , and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Land Policy and Management Act of 1976 to authorize the sale of certain Federal land to States and units of local government to address housing shortages, and for other purposes.
1. Short title This Act may be cited as the Helping Open Underutilized Space to Ensure Shelter Act of 2022 or the HOUSES Act of 2022 . 2. Sales of Federal land to address housing shortages Section 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 ) is amended by adding at the end the following: (h) Sales of public lands To address housing shortages (1) Definitions In this subsection: (A) Allowable community amenity The term allowable community amenity means a community assembly facility, firefighting facility, grocery store, health clinic, hospital (including associated lodging), library, place of worship, police facility, recreational facility, primary school, or secondary school. (B) Communications infrastructure The term communications infrastructure means the infrastructure or equipment necessary in the provision of— (i) cable service; (ii) broadband internet access service; (iii) video service; (iv) voice service; or (v) wireless service. (C) Federally protected land The term federally protected land means— (i) a National Monument; (ii) a National Recreation Area; (iii) a component of the National Wilderness Preservation System; (iv) a component of the National Wild and Scenic Rivers System; (v) a component of the National Trails System; (vi) a National Conservation Area; (vii) a unit of the National Wildlife Refuge System; (viii) a unit of the National Fish Hatchery System; (ix) a National Park; (x) a National Preserve; (xi) a National Seashore or National Lakeshore; (xii) a National Historic Site; (xiii) a National Memorial; (xiv) a National Battlefield, National Battlefield Park, National Battlefield Site, or National Military Park; and (xv) a National Historic Park. (D) Green space (i) In general The term green space means land that is— (I) partly or completely covered with grass, trees, shrubs, or other vegetation; and (II) accessible to the public at no cost. (ii) Inclusions The term green space includes parks and community gardens. (iii) Exclusion The term green space does not include an area used for a commercial use. (E) Industrial area The term industrial area means— (i) an area occupied by land uses or facilities, the primary operation of which involves manufacturing, assembling, processing, extracting, or otherwise treating raw materials, semifinished products, or finished products for distribution to wholesale or retail markets; or (ii) a tract of public lands conveyed under this subsection on which there is located a utility that serves utility customers that do not reside on the tract. (F) Open space (i) In general The term open space means any open piece of land that— (I) is accessible to the public at no cost; and (II) (aa) provides recreational areas for residents; or (bb) helps to enhance the beauty or environmental quality of an eligible project described in paragraph (2)(C). (ii) Inclusions The term open space includes— (I) schoolyards; (II) playgrounds; (III) public seating areas; and (IV) public plazas. (iii) Exclusion The term open space does not include an area used for a commercial use. (G) Residential development (i) In general The term residential development means 1 or more buildings, structures, or portions of a building or structure that are designed for human habitation and used as a primary residence. (ii) Inclusions The term residential development includes standard residential amenities (including driveways and parking structures) that are related to an eligible project described in paragraph (2)(C). (H) Transit hub The term transit hub means a rail, light rail, rapid transit, or commuter rail station, ferry terminal, or bus transfer station. (I) Utility The term utility means a common commodity or service (including water, sewage, or electricity) that is provided to the public by a public or private entity for safe and sanitary living accommodations, including associated water storage infrastructure. (2) Nomination by State or unit of local government (A) In general A State or unit of local government may nominate for consideration for conveyance by the Secretary under subsection (a)(3) to the State or unit of local government 1 or more tracts of public lands within the boundary of the State or unit of local government for the purpose of carrying out an eligible project described in subparagraph (C) to provide housing in the State or unit of local government— (i) in accordance with a nomination process established by the Secretary in regulations proposed not later than 180 days after the date of enactment of this subsection and finalized not later than 1 year after the date of enactment of this subsection; and (ii) subject to subparagraph (B). (B) Nomination requirements To be eligible for consideration by the Secretary, a nomination submitted by a State or unit of local government under subparagraph (A)— (i) shall not include federally protected land; and (ii) shall include— (I) a map provided by the State or unit of local government of the 1 or more tracts of public lands nominated; and (II) a proposal that describes the manner in which the 1 or more tracts of public lands nominated would be used for an eligible project described in subparagraph (C) to provide housing in the State or unit of local government. (C) Eligible projects An eligible project to provide housing referred to in subparagraphs (A) and (B)(ii)(II) is a project— (i) for which not less than 85 percent of the land for the project shall be used for residential development, open space, green space, or allowable community amenities; (ii) that provides that the density of the land for the project dedicated to residential development under clause (i) shall be not less dense than 4 residences per acre; (iii) that provides that no tract of land dedicated to residential development under clause (i) on which a single residence is located may exceed 1/2 acre; (iv) for which not more than 15 percent of the land for the project may be used for a commercial use project, subject to the conditions that— (I) a mixed-use residential development property shall not be considered to be a commercial use project for purposes of this clause if at least 50 percent of the total floor space of the property is residential; and (II) not more than 1/3 of the land identified under this clause may be used for a commercial use project to develop an industrial area; (v) that provides that the development of roads, communications infrastructure, transit hubs, and utilities and the distribution of utilities to serve the residences to be developed on the land for the project shall not— (I) be inhibited; or (II) contribute to the apportionment of residential or commercial developments; and (vi) that provides that— (I) a utility facility on the land may generate enough power, collect enough sewage, treat enough water, or provide other commodities or services sufficient to meet the needs of the residences developed on the land; and (II) if a utility facility on the land is built to have excess capacity that is intended to be sold to users or residences not on the tract of land, the facility shall be— (aa) classified as an industrial area; and (bb) subject to the limitation under clause (iv)(II). (D) Modification of proposal A proposal for an eligible project under subparagraph (B)(ii)(II) may be subsequently modified if, after modification, the eligible project would still comply with the requirements of subparagraph (C), as determined by the Secretary. (3) Requirements for review In reviewing under subsection (a)(3) whether to approve or disapprove the conveyance to the State or unit of local government of a tract of public lands nominated under paragraph (2), the Secretary— (A) shall prioritize the use of the tract to address housing shortages over any other potential use of the tract (other than protecting prior existing rights); (B) shall not take into account whether the housing shortage could be addressed prudently or feasibly on land other than the nominated tract; and (C) shall— (i) in the case of a tract of public lands that is designated as eligible for disposal under any other applicable law, consider the conveyance of the tract of public lands to be approved for conveyance under this subsection; and (ii) in the case of a conveyance of a tract of not more than 640 acres of public lands that is not described in clause (i)— (I) complete the review process and issue a determination with respect to the approval or disapproval of the conveyance of the tract— (aa) by not later than 1 year after the date on which the tract was nominated under paragraph (2); and (bb) that includes, in the case of disapproval, an explanation of any reasons for the disapproval; or (II) if the Secretary fails to complete the review process and issue a determination by the deadline established under subclause (I)(aa), consider the conveyance approved. (4) Sale price Notwithstanding subsections (d), (f), and (g) and subject to paragraphs (5) and (6), the Secretary shall offer for sale to the nominating State or unit of local government the tract of public lands approved for conveyance under paragraph (3)(C) in exchange for an amount equal to the quotient obtained by dividing— (A) the amount equal to the product obtained by multiplying— (i) the amount of the estimated fair market value of the tract, as determined by the Secretary; and (ii) the amount of the payment that would otherwise be made to the unit of local government for the tract for the prior fiscal year under chapter 69 of title 31, United States Code; by (B) the estimated amount of tax revenue that would have been due to the State or unit of local government for the prior fiscal year if the tract had been sold for the amount determined under subparagraph (A)(i). (5) Approval of governor required The Secretary may not offer to convey to a unit of local government a tract of public lands approved for conveyance by the Secretary until the date on which the Secretary receives from the Governor of the State in which the tract is located written notice specifying that the Governor of the State approves of the conveyance to the unit of local government. (6) Compliance with proposal (A) In general The Secretary may not convey to a State or unit of local government a tract of public lands approved for conveyance under this subsection until the date on which the Secretary confirms that the State or unit of local government has in effect any ordinances, statutes, or regulations, as applicable, that are necessary to ensure compliance by the State or unit of local government with the applicable proposal submitted under paragraph (2)(B)(ii)(II). (B) Prohibition of certain funding (i) In general Notwithstanding any other provision of law, if, during the 15-year period beginning on the date of the conveyance to a State or unit of local government of a tract of public lands approved for conveyance under this subsection, the Secretary determines that the State or unit of local government is not in compliance with the applicable proposal submitted under paragraph (2)(B)(ii)(II) or a modified proposal under paragraph (2)(D), as applicable, the State or unit of local government shall not be considered to be eligible to receive funds from any of the programs described in clause (ii) until the date on which the Secretary certifies that the State or unit of local government is in compliance with the applicable proposal or modified proposal. (ii) Description of programs The programs referred to in clause (i) are the following: (I) Any program carried out by the Economic Development Administration. (II) The community development block grant program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). (III) The community services block grant program carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ). (7) Disposition of proceeds (A) In general Subject to subparagraph (B), the gross proceeds of a sale of a tract of public lands under this subsection shall be— (i) deposited in the Treasury; and (ii) available to the Secretary, subject to appropriations, for— (I) capital improvements in units of the National Park System; (II) the development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction and wildfire prevention plans to be carried out; (III) the development of public water infrastructure on Federal land; and (IV) the restoration or preservation of a critical habitat. (B) Applicability of State enabling Acts If there is a provision of an applicable State enabling Act that would otherwise apply to the disposition of the gross proceeds of a sale of a tract of public lands under this subsection, before applying the requirements of subparagraph (A) to the disposition of the gross proceeds of the sale, the provision of the applicable State enabling Act shall apply. . | https://www.govinfo.gov/content/pkg/BILLS-117s4062is/xml/BILLS-117s4062is.xml |
117-s-4063 | II 117th CONGRESS 2d Session S. 4063 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mrs. Blackburn (for herself, Mr. Tillis , Mr. Tuberville , Mr. Cramer , Mr. Hagerty , Ms. Lummis , Mr. Rubio , and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the President from negotiating or concluding any withdrawal, suspension, waiver, or modification to the Agreement on Trade-Related Aspects of Intellectual Property Rights without explicit authorization from Congress.
1. Short title This Act may be cited as the No Free TRIPS Act . 2. Limitation on modification of Agreement on Trade-Related Aspects of Intellectual Property Rights (a) In general The President, and any official, employee, or agent of the United States, may not negotiate or conclude any withdrawal, suspension, waiver, or modification to the TRIPS Agreement without obtaining explicit authorization from Congress before beginning negotiations with respect to that withdrawal, suspension, or modification. (b) TRIPS agreement defined In this section, the term TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(15) ). | https://www.govinfo.gov/content/pkg/BILLS-117s4063is/xml/BILLS-117s4063is.xml |
117-s-4064 | II 117th CONGRESS 2d Session S. 4064 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Manchin (for himself and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To facilitate the development of a whole-of-government strategy for nuclear cooperation and nuclear exports.
1. Short title This Act may be cited as the International Nuclear Energy Act of 2022 . 2. Definitions In this Act: (1) Advanced nuclear reactor The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Ally or partner nation The term ally or partner nation means the Government of each of the following: (A) A country that is a member of the North Atlantic Treaty Organization. (B) Japan. (C) The Republic of Korea. (D) Australia. (E) Switzerland. (F) Sweden. (G) Finland. (H) Any other country designated as an ally or partner nation by the Secretary of State for purposes of this Act. (3) Assistant The term Assistant means the Assistant to the President and Director for Nuclear Energy Policy described in section 3(a)(3)(A). (4) Associated entity The term associated entity means an entity that— (A) is owned, controlled, or dominated by— (i) an ally or partner nation; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in any of subparagraphs (A) through (H) of paragraph (2), including a corporation that is incorporated in a country described in any of those subparagraphs. (5) Associated individual The term associated individual means an alien who is a national of a country described in any of subparagraphs (A) through (H) of paragraph (2). (6) Center The term Center means the Advanced Reactor Coordination and Resource Center established under section 11. (7) Embarking civil nuclear energy nation The term embarking civil nuclear energy nation means a country that— (A) does not have a civil nuclear program; (B) is in the process of developing or expanding a civil nuclear program, including safeguards and a legal and regulatory framework, for— (i) nuclear safety; (ii) nuclear security; (iii) radioactive waste management; (iv) civil nuclear energy; (v) nuclear liability; or (vi) advanced nuclear reactor licensing; or (C) is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced nuclear technologies. (8) High-assay low-enriched uranium The term high-assay low-enriched uranium has the meaning given the term in section 2001(d) of the Energy Act of 2020 ( 42 U.S.C. 16281(d) ). (9) Low-enriched uranium The term low-enriched uranium means each of— (A) low-enriched uranium (as defined in section 3102 of the USEC Privatization Act ( 42 U.S.C. 2297h )); and (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))). (10) National Strategic Uranium Reserve The term National Strategic Uranium Reserve means the National Strategic Uranium Reserve established under section 16(e)(1)(A). (11) Nuclear safety The term nuclear safety means issues relating to— (A) the safe operation of nuclear reactors and other nuclear facilities; (B) radiological protection of— (i) members of the public; (ii) workers; and (iii) the environment; (C) nuclear waste management; (D) emergency preparedness; (E) nuclear liability; and (F) the safe transportation of nuclear materials. (12) Secretary The term Secretary means the Secretary of Energy. (13) Spent nuclear fuel The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (14) Team USA The term Team USA means the interagency initiative to identify opportunities in emerging economies, embarking civil nuclear energy nations, and ally or partner nations for topics such as— (A) nuclear plant construction; (B) nuclear fuel services; (C) nuclear energy financing; (D) nuclear plant operations; (E) nuclear plant regulation; (F) nuclear medicine; (G) infrastructure support for nuclear energy; (H) nuclear plant decommissioning; (I) nuclear liability; (J) storage and disposal of spent nuclear fuel; and (K) technology related to the matters described in subparagraphs (A) through (J). (15) U.S. nuclear energy company The term U.S. nuclear energy company means a company that— (A) is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and (B) is involved in the nuclear energy industry. 3. Civil nuclear coordination and strategy (a) Office of the Assistant to the President and Director for Nuclear Energy Policy (1) Establishment There is established in the Executive Office of the President an office, to be known as the Office of the Assistant to the President and Director for Nuclear Energy Policy (referred to in this subsection as the Office ). (2) Mission The Office shall act as the single coordinating office for— (A) civil nuclear cooperation; and (B) civil nuclear export strategy. (3) Leadership (A) Assistant (i) In general The Office shall be headed by the Assistant to the President and Director for Nuclear Energy Policy, who shall be appointed by the President. (ii) Reporting The Assistant shall report directly to the President. (B) Deputy Assistant (i) In general The Assistant shall appoint a Deputy Assistant with experience in advising on civil nuclear project development and financing. (ii) Reporting The Deputy Assistant shall report directly to the Assistant. (4) Duties (A) In general The Assistant, in consultation with the Deputy Assistant, shall— (i) coordinate the civil nuclear export policy of the United States; (ii) develop a cohesive Federal strategy for engagement with foreign governments (including ally or partner nations and the governments of embarking civil nuclear energy nations), associated entities, associated individuals, and international lending institutions with respect to civil nuclear exports; (iii) coordinate with the officials described in subparagraph (B) to ensure that necessary framework agreements and trade controls relating to civil nuclear materials and technologies are in place for key markets; and (iv) develop— (I) a whole-of-government coordinating strategy for civil nuclear cooperation; (II) a whole-of-government strategy for civil nuclear exports; and (III) a whole-of-government approach to support foreign investment in domestic construction projects. (B) Officials described The officials referred to in subparagraph (A)(iii) are— (i) the appropriate officials of— (I) the Department of State; (II) the Department of Energy; (III) the Department of Commerce; (IV) the Nuclear Regulatory Commission; (V) the Department of Defense; (VI) the National Security Council; (VII) the National Economic Council; (VIII) the Office of the United States Trade Representative; (IX) the Office of Management and Budget; (X) the Office of the Director of National Intelligence; (XI) the Export-Import Bank of the United States; (XII) the United States International Development Finance Corporation; (XIII) the United States Trade and Development Agency; and (XIV) the Office of Science and Technology Policy; and (ii) appropriate officials representing foreign countries and governments, including— (I) ally or partner nations; (II) embarking civil nuclear energy nations; and (III) any other country or government that the Assistant, in consultation with the Deputy Assistant and the officials described in clause (i), determines to be appropriate. (5) Staff (A) Senior advisors (i) In general The Assistant shall select a staff of not fewer than 4, and not more than 6, Senior Advisors to assist in the mission of the Office. (ii) Requirement The Senior Advisors selected under clause (i) shall be composed of individuals with diverse industry and government backgrounds, including individuals with backgrounds in— (I) project financing; (II) construction development and management; (III) contract structuring, risk allocation, and nuclear liability; (IV) regulatory, licensing, and safeguards processes; (V) civil nuclear electric and nonelectric applications of nuclear technologies; (VI) government-to-government negotiations; (VII) social acceptance and environmental justice; (VIII) human infrastructure development; (IX) major project development; (X) international infrastructure financing; and (XI) nuclear safety and security requirements. (B) Other staff The Assistant may hire such other additional personnel as may be necessary to carry out the mission of the Office. (6) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2023 through 2027. (b) Nuclear Exports Working Group (1) Establishment There is established a working group, to be known as the Nuclear Exports Working Group (referred to in this subsection as the working group ). (2) Composition The working group shall be composed of— (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of Commerce; (iii) the Department of Energy; (iv) the Department of the Treasury; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; (vii) the Nuclear Regulatory Commission; (viii) the Office of the United States Trade Representative; and (ix) the United States Trade and Development Agency; (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the Assistant from any Federal agency or organization. (3) Reporting The working group shall report to the Assistant. (4) Duties The working group shall— (A) provide direction and advice to the Assistant; and (B) submit to the Civil Nuclear Trade Advisory Committee of the Department of Commerce and the Nuclear Energy Advisory Committee of the Department of Energy quarterly reports on the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 5-year civil nuclear trade strategy described in paragraph (5)(A). (5) Strategy (A) In general Not later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions. (B) Collaboration required In establishing the strategy under subparagraph (A), the working group shall collaborate with— (i) the Secretary; (ii) the Secretary of Commerce; (iii) the Secretary of State; (iv) the Secretary of the Treasury; (v) the Nuclear Regulatory Commission; (vi) the President of the Export-Import Bank of the United States; (vii) the Chief Executive Officer of the United States International Development Finance Corporation; (viii) the United States Trade Representative; and (ix) representatives of private industry. 4. Engagement with ally or partner nations (a) In general The Secretary of State, in coordination with the Secretary, the Nuclear Regulatory Commission, Team USA, and the Assistant, shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach carried out by the United States for the purpose of establishing cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to countries in the coalition described in subsection (b). (b) Coalition described The coalition referred to in subsection (a) is a coalition of countries that— (1) is developed for purposes of carrying out the initiative described in subsection (a); and (2) includes each ally or partner nation that is willing to participate in the coalition. (c) Activities In carrying out the initiative described in subsection (a), the Secretary of State shall— (1) assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy in providing education and training to foreign governments in nuclear safety, security, and safeguards— (A) through engagement with the International Atomic Energy Agency; or (B) independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently; (2) assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear energy nations for nuclear safety, security, and safeguards; (3) expand outreach by the Assistant to the private investment community to create public-private financing relationships to assist in the export of civil nuclear technology to countries in the coalition described in subsection (b); (4) seek to coordinate, to the maximum extent practicable, the work carried out by each of— (A) the Nuclear Regulatory Commission; (B) the Department of Energy; (C) the Department of Commerce; (D) the International Atomic Energy Agency; (E) the Nuclear Energy Agency; and (F) the nuclear regulatory agencies and organizations of embarking civil nuclear energy nations and ally or partner nations; and (5) improve the regulatory framework to allow for the expeditious exporting and importing of civil nuclear technologies and materials. 5. Cooperative financing relationships with ally or partner nations and embarking civil nuclear energy nations (a) In general The Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, and the Chief Executive Officer of the United States International Development Finance Corporation, in coordination with the Assistant, shall develop cooperative financing relationships with ally or partner nations or embarking civil nuclear energy nations to advance civil nuclear exports from the United States to ally or partner nations or embarking civil nuclear energy nations. (b) United States competitiveness clauses (1) Definition of United States competitiveness clause In this subsection, the term United States competitiveness clause means any United States competitiveness provision in any agreement entered into by the Department of Energy, including— (A) a cooperative agreement; (B) a cooperative research and development agreement; and (C) a patent waiver. (2) Consideration In carrying out subsection (a), the Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, and the Chief Executive Officer of the United States International Development Finance Corporation shall consider the impact of United States competitiveness clauses on any cooperative financing relationships entered into or proposed to be entered into under that subsection. (3) Waiver The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate cooperative financing relationships with ally or partner nations or embarking civil nuclear energy nations under subsection (a). 6. Fast-track procedures and export controls Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate a regulation revising part 810 of title 10, Code of Federal Regulations, to establish fast-track procedures for obtaining specific authorizations for exports, which may be similar to existing fast-track procedures in existing Federal export-control regulations— (1) for deemed exports to— (A) a list of countries defined by the Secretary; (B) a list of countries defined by the Secretary of State; (C) a list of countries defined by the Secretary of the Treasury; (D) a list of countries defined by the Secretary of Commerce; or (E) destinations based on country criteria defined by the Secretary; or (2) for widely deployed technologies available from multiple suppliers, such as light water reactor technology. 7. Cooperation with ally or partner nations on advanced nuclear reactor demonstration and cooperative research facilities (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the Assistant, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies. (b) Requirement The meetings described in subsection (a) shall include— (1) a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on U.S. nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing climate change by 2050; and (2) a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to— (A) the demonstration and deployment of advanced nuclear reactors; and (B) the development of cooperative research facilities. (c) Financing arrangements In conducting the meetings described in subsection (a), the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the Assistant, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings. (d) Report Not later than 1 year after the date of enactment of this Act, the Secretary, the Secretary of State, and the Secretary of Commerce shall jointly submit to Congress a report highlighting potential partners— (1) for the establishment of cost-share arrangements described in subsection (c); or (2) with which the United States may enter into agreements with respect to— (A) the demonstration of advanced nuclear reactors; or (B) cooperative research facilities. 8. International nuclear energy cooperation Section 959B of the Energy Policy Act of 2005 ( 42 U.S.C. 16279b ) is amended— (1) in the matter preceding paragraph (1), by striking The Secretary and inserting the following: (a) In general The Secretary ; (2) in subsection (a) (as so designated)— (A) in paragraph (1)— (i) by striking financing, ; and (ii) by striking and after the semicolon at the end; (B) in paragraph (2)— (i) in subparagraph (A), by striking preparations for ; and (ii) in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) to support, in consultation with the Secretary of State, the safe, secure, and peaceful use of nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and (4) to promote the fullest utilization of United States reactors, fuel, equipment, services, and technology in nuclear energy programs outside the United States through— (A) bilateral and multilateral arrangements that contain commitments for the utilization of United States reactors, fuel, equipment, services, and technology; (B) the designation of 1 or more U.S. nuclear energy companies (as defined in section 2 of the International Nuclear Energy Act of 2022 ) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; (C) the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section; and (D) the issuance of loans, loan guarantees, other financial assistance, or assistance in the form of an equity interest to carry out activities related to an arrangement under subparagraph (A), to the extent appropriated funds are available. ; and (3) by adding at the end the following: (b) Requirements The program under subsection (a) shall— (1) with respect to the function described in subsection (a)(3), be modeled after the International Military Education and Training program of the Department of State; and (2) be carried out— (A) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as— (i) training; (ii) financing; (iii) safety; (iv) security; (v) safeguards; (vi) liability; (vii) advanced fuels; (viii) operations; and (ix) options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )); and (B) in coordination with— (i) the National Security Council; (ii) the Secretary of State; (iii) the Secretary of Commerce; and (iv) the Nuclear Regulatory Commission. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subsection (a)(3) $15,500,000 for each of fiscal years 2022 through 2026. . 9. International civil nuclear program support (a) In general Not later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Assistant, shall launch an international initiative (referred to in this section as the initiative ) to provide grants, in accordance with this section— (1) to embarking civil nuclear energy nations for activities relating to the development of civil nuclear programs; and (2) to ally or partner nations for the construction of nuclear reactors and advanced nuclear reactors. (b) Grants (1) In general In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant, may award not more than 1 grant to each country, including each embarking civil nuclear energy nation, each fiscal year. (2) Amount The amount of a grant awarded under the initiative shall be not more than $5,500,000. (3) Limitation The Secretary of State, in coordination with the Secretary and the Assistant, may award not more than a total of 5 grants under the initiative to a single country, including each embarking civil nuclear energy nation. (c) Senior advisors (1) In general In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant, shall provide a grant to an embarking civil nuclear energy nation with the option for a U.S. nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear energy nation in establishing a civil nuclear program. (2) Requirement A senior advisor described in paragraph (1) shall seek to advise the embarking civil nuclear energy nation on, and facilitate on behalf of the embarking civil nuclear energy nation, 1 or more of the following: (A) The development of financing relationships. (B) The development of a standardized financing and project management framework for the construction of nuclear power plants. (C) The development of a standardized licensing framework for— (i) light water civil nuclear technologies; and (ii) non-light water civil nuclear technologies and advanced nuclear reactors. (D) The identification of qualified organizations and service providers. (E) The identification of funds to support payment for services required to develop a civil nuclear program. (F) Market analysis. (G) The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program. (H) Risk allocation, risk management, and nuclear liability. (I) Technical assessments of nuclear reactors and technologies. (J) The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415). (K) Stakeholder engagement. (L) Management of spent nuclear fuel and nuclear waste. (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027. 10. Biennial nuclear safety, security, safeguards, and sustainability summit (a) In general The Secretary, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Nuclear Regulatory Commission, and the Assistant shall hold a biennial nuclear safety, security, safeguards, and sustainability summit (referred to in this section as a summit ), the first of which shall be held on the date that is 180 days after the date of enactment of this Act. (b) Location Each summit shall be held in— (1) Washington, DC; or (2) a country described in any of subparagraphs (A) through (H) of section 2(2). (c) Requirement Each summit shall— (1) be a forum in which leaders of ally or partner nations may engage with each other for the purpose of reinforcing the commitment to nuclear safety, security, safeguards, and sustainability; and (2) facilitate the development of— (A) joint commitments and goals to improve nuclear safety, security, safeguards, and sustainability; (B) stronger international institutions that support nuclear safety, security, safeguards, and sustainability; and (C) a global nuclear liability regime. (d) Input from industry and government Each summit shall include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to— (1) the safe and secure use, storage, and transport of nuclear and radiological materials; (2) managing the evolving cyber threat to nuclear and radiological security; and (3) the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste. (e) Report (1) In general Not later than 120 days after the end of each summit, the Secretary, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Nuclear Regulatory Commission, and the Assistant shall jointly submit to Congress a report highlighting— (A) any commitments made by the United States or international partners of the United States, including an ally or partner nation, with respect to nuclear safety, security, safeguards, or sustainability; and (B) the objectives that the parties to those commitments agreed to meet. (2) Requirement The report under paragraph (1) shall detail— (A) any current and continuing nuclear security threat; (B) any progress made toward advancing nuclear security-related treaties; (C) any steps taken or needed to be taken— (i) to fulfill any obligations of the United States under existing nuclear security and safeguard treaties; (ii) to manage cyber threats; or (iii) to prevent the theft, sabotage, and illicit trafficking of nuclear materials, facilities, and technology, as applicable; (D) the role of the nuclear industry in preventing nuclear proliferation; and (E) any other topics discussed during the summit that relate to nuclear safety, security, safeguards, or sustainability. 11. Advanced Reactor Coordination and Resource Center The Secretary, in coordination with the Secretary of State, the Secretary of Commerce, the Chairman of the Nuclear Regulatory Commission, the President of the Export-Import Bank of the United States, and the Chief Executive Officer of the United States International Development Finance Corporation, shall establish a center, to be known as the Advanced Reactor Coordination and Resource Center , for the purposes of— (1) identifying qualified organizations and service providers— (A) for embarking civil nuclear energy nations; (B) to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and (C) to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency; (2) coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)— (A) to identify funds to support payment for services required to develop a civil nuclear program; (B) to provide market analysis; and (C) to create— (i) project structure models; (ii) models for electricity market analysis; (iii) models for nonelectric applications market analysis; and (iv) financial models; (3) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; (4) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; (5) developing and strengthening communications, engagement, and consensus-building; (6) carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program; (7) developing mechanisms for how to fund and staff the Center; and (8) determining mechanisms for the selection of the location or locations of the Center. 12. Biennial civil nuclear vendor summit (a) In general The Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, the Chief Executive Officer of the United States International Development Finance Corporation, and the Assistant shall hold a biennial civil nuclear vendor summit (referred to in this section as a summit ), the first of which shall be held on the date that is 180 days after the date of enactment of this Act. (b) Location Each summit shall be held in— (1) Washington, DC; or (2) a country described in any of subparagraphs (A) through (H) of section 2(2). (c) Requirement Each summit shall— (1) be a forum in which leaders of ally or partner nations may engage with each other for the purpose of promoting the peaceful, responsible, and safe use of civil nuclear technologies; and (2) facilitate— (A) the development of— (i) cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing; (ii) a standardized financing and project management framework for the construction of nuclear power plants; (iii) a standardized licensing framework for civil nuclear technologies; (iv) a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects; (v) a document containing any lessons learned from countries that have partnered with the Russian Federation or the People’s Republic of China with respect to nuclear power, including any detrimental outcomes resulting from that partnership; and (vi) a global nuclear liability regime; (B) cooperation for enhancing the overall aspects of civil nuclear power, such as— (i) nuclear safety, security, and safeguards; (ii) nuclear laws (including regulations); (iii) waste management; (iv) quality management systems; (v) technology transfer; (vi) human resources development; (vii) localization; (viii) reactor operations; (ix) nuclear liability; and (x) decommissioning; and (C) the development and determination of the mechanisms described in paragraphs (7) and (8) of section 11. (d) Report (1) In general Not later than 120 days after the end of each summit, the Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, the Chief Executive Officer of the United States International Development Finance Corporation, and the Assistant shall jointly submit to Congress a report highlighting— (A) any commitments made by the United States or international partners of the United States, including an ally or partner nation, with respect to international civil nuclear export practices; and (B) the objectives that the parties to those commitments agreed to meet. (2) Requirement The report under paragraph (1) shall detail— (A) any steps taken to establish common financing relationships; (B) any progress made toward establishing a standardized financing, project management, and licensing framework; (C) any changes to the internal policies of multinational development banks, such as the World Bank, to support civil nuclear projects; (D) any steps taken or needed to be taken— (i) to rectify any obstacles that were identified after the applicable civil nuclear vendor summit but were unforeseen at the time of, and not discussed at, that summit; (ii) to enable early-stage day-to-day support of embarking civil nuclear energy nations; (iii) to address any gaps in the whole-of-government approach to international civil nuclear cooperation, exports, and investment developed by the Assistant; or (iv) to improve the role of the Assistant in international outreach; (E) the role of the nuclear industry in establishing cooperative relationships; and (F) the competitiveness of available United States financing packages for civil nuclear exports, relative to international competitors. 13. Strategic Infrastructure Fund Working Group (a) Establishment There is established a working group, to be known as the Strategic Infrastructure Fund Working Group (referred to in this section as the working group ). (b) Composition The working group shall be— (1) led by the Assistant; and (2) composed of— (A) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Commerce; (iv) the Department of Energy; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; and (vii) the Nuclear Regulatory Commission; (B) other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the Assistant from any Federal agency or organization. (c) Reporting The working group shall report to the National Security Council. (d) Duties The working group shall— (1) provide direction and advice to the Assistant with respect to the establishment of a Strategic Infrastructure Fund (referred to in this subsection as the Fund ) to be used— (A) to support those aspects of projects relating to— (i) civil nuclear technologies; (ii) rare earth elements and critical minerals (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) )); and (iii) microprocessors; and (B) for strategic investments identified by the working group; and (2) address critical areas in determining the appropriate design for the Fund, including— (A) transfer of assets to the Fund; (B) transfer of assets from the Fund; (C) how assets in the Fund should be invested; and (D) governance and implementation of the Fund. (e) Report required (1) In general Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in paragraph (2) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund. (2) Committees described The committees referred to in paragraph (1) are— (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. 14. Investment by allies and partners of the United States (a) Commercial licenses Section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) is amended, in the second sentence— (1) by inserting for a production facility after No license ; and (2) by striking any any and inserting any . (b) Medical therapy and research development licenses Section 104 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(d) ) is amended, in the second sentence, by inserting for a production facility after No license . 15. Modification of powers and functions of the Export-Import Bank of the United States (a) Modification of prohibition on financing Section 2(b)(5) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(5) ) is amended, in the first sentence, by striking any liquid metal fast breeder nuclear reactor or . (b) Expansion of program on transformational exports (1) In general Section 2(l) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(l) ) is amended— (A) in the subsection heading, by striking China and ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking The Bank shall establish a Program on China and and inserting Notwithstanding the Arrangement, the Bank shall establish a Program on ; (II) by striking conditions, and inserting conditions that, in the judgement of the Board of Directors of the Bank, offer sufficient likelihood of repayment to justify the loan, guarantee, or insurance, as applicable, ; and (III) by striking by the People’s Republic of China or ; (ii) in subparagraph (A), by striking by the People’s Republic of China or ; and (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking the People’s Republic of China and inserting covered countries ; (II) by redesignating clauses (viii) through (xi) as clauses (ix) through (xii), respectively; and (III) by inserting after clause (vii) the following: (viii) Civil nuclear facilities, material, technologies, and related goods and services that support the development of an effective nuclear energy sector. ; (C) by striking paragraph (2); (D) by redesignating paragraph (3) as paragraph (2); (E) in paragraph (2), as so redesignated— (i) in subparagraph (A), by striking China and ; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking the People’s Republic of China is and inserting the People’s Republic of China and the Russian Federation are ; and (II) in clause (i), by striking ; and and inserting ; or ; (iii) in subparagraph (C)— (I) in the subparagraph heading, by striking Sunset and ; (II) by striking the first sentence; and (III) by striking 4 years after enactment of this subsection and inserting December 20, 2023 ; and (iv) in subparagraph (D), by striking China and ; and (F) by adding at the end the following: (3) Sunset The Program on Transformational Exports shall expire on December 31, 2026. (4) Definitions In this subsection: (A) Arrangement The term Arrangement means the Arrangement on Officially Supported Export Credits of the Organization for Economic Cooperation and Development. (B) Covered country The term covered country means— (i) the People’s Republic of China; (ii) the Russian Federation; or (iii) any country that— (I) the Secretary of the Treasury designates as a covered country in a report to the Committee on Banking, Housing, and Urban Development of the Senate and the Committee on Financial Services of the House of Representatives; (II) is not a participant in the Arrangement; and (III) is not in substantial compliance with the financial terms and conditions of the Arrangement. . (2) Conforming amendment Section 8(l) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(l) ) is amended— (A) in the subsection heading, by striking Under the and all that follows through Exports and inserting Under the Program on Transformational Exports ; and (B) by striking China and . (c) Reporting on financing related to People’s Republic of China and Russian Federation Section 408 of title IV of division I of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ; 12 U.S.C. 635 note) is amended— (1) in the section heading, by striking China and inserting the People’s Republic of China and the Russian Federation ; (2) in subsection (a), in the matter preceding paragraph (1), by striking the government of China and inserting the Government of the People’s Republic of China or the Government of the Russian Federation ; (3) in subsection (c)(1)(C), by striking the government of China and inserting the Government of the People’s Republic of China or the Government of the Russian Federation ; (4) by striking subsection (d) and inserting the following: (d) Definitions In this section: (1) Government of the People’s Republic of China The term Government of the People’s Republic of China means any person that the Bank has reason to believe is— (A) the state and the Government of the People’s Republic of China, as well as any political subdivision, agency, or instrumentality thereof; (B) any entity controlled, directly or indirectly, by any of the foregoing, including any partnership, association, or other entity in which any of the foregoing owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by any of the foregoing; (C) any person that is or has been acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and (D) any other person which the Secretary of the Treasury has notified the Bank is included in any of the foregoing. (2) Government of the Russian Federation The term Government of the Russian Federation means any person that the Bank has reason to believe is— (A) the state and the Government of the Russian Federation, as well as any political subdivision, agency, or instrumentality thereof; (B) any entity controlled, directly or indirectly, by any of the foregoing, including any partnership, association, or other entity in which any of the foregoing owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by any of the foregoing; (C) any person that is or has been acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and (D) any other person which the Secretary of the Treasury has notified the Bank is included in any of the foregoing. ; and (5) in subsection (e)(2), in the matter preceding subparagraph (A), by striking China is and inserting the People’s Republic of China and the Russian Federation are . 16. U.S. nuclear fuels security initiative to reduce reliance on nuclear fuels from Russia and China (a) Objectives The objectives of this section are— (1) to expeditiously increase domestic production of low-enriched uranium (referred to in this section as LEU ) by an annual amount determined by the Secretary to be appropriate to reduce the reliance of the United States and ally or partner nations on nuclear fuels from— (A) the Russian Federation; and (B) the People’s Republic of China; (2) to expeditiously increase domestic production of high-assay low-enriched uranium (referred to in this section as HALEU ) by an annual amount determined by the Secretary to be sufficient to meet the needs of the consortium established under section 2001(a)(2)(F) of the Energy Policy Act of 2020 ( 42 U.S.C. 16281(a)(2)(F) ); (3) to ensure the availability of domestically produced and converted uranium in an amount determined by the Secretary to be sufficient to address a reasonably anticipated supply disruption; (4) to promote the domestic production, conversion, and enrichment of uranium; and (5) to promote the deployment of United States uranium enrichment technology. (b) Definition of Programs In this section, the term Programs means— (1) the Nuclear Fuel Security Program established under subsection (c)(1); (2) the National Strategic Uranium Reserve Program established under subsection (c)(2); and (3) the American Assured Fuel Supply Program of the Department of Energy. (c) Establishment The Secretary, consistent with the objectives described in subsection (a), shall establish— (1) a program, to be known as the Nuclear Fuel Security Program , to reduce the reliance of the United States and ally or partner nations on nuclear fuels from the Russian Federation and the People’s Republic of China by increasing the amounts of LEU and HALEU produced by U.S. nuclear energy companies; and (2) a program, to be known as the National Strategic Uranium Reserve Program , to ensure the availability of domestically produced and converted uranium in the event of a supply disruption. (d) Nuclear Fuel Security Program In carrying out the Nuclear Fuel Security Program, the Secretary shall— (1) not later than 1 year after the date of enactment of this Act, select 1 or more U.S. nuclear energy companies to produce LEU in amounts and timeframes specified by the Secretary; (2) not later than 1 year after the date of enactment of this Act, select 1 or more U.S. nuclear energy companies to produce HALEU in amounts and timeframes specified by the Secretary; (3) utilize only uranium produced and converted in the United States or a country described in any of subparagraphs (A) through (H) of section 2(2); (4) coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and (5) take other actions that the Secretary determines to be necessary or appropriate to reduce the reliance of the United States and ally or partner nations on nuclear fuels from the Russian Federation and the People’s Republic of China. (e) National Strategic Uranium Reserve Program (1) In general In carrying out the National Strategic Uranium Reserve Program, the Secretary shall— (A) immediately on enactment of this Act, use the funds reallocated by paragraph (2) to initiate the establishment of a National Strategic Uranium Reserve; (B) make the National Strategic Uranium Reserve operational by acquiring uranium in amounts and timeframes specified by the Secretary; (C) maintain, replenish, or increase the amount of uranium in the National Strategic Uranium Reserve in a manner determined by the Secretary to be consistent with the objectives described in subsection (a); (D) utilize only uranium produced and converted in the United States; (E) make uranium available from the National Strategic Uranium Reserve, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (F) coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and (G) take other actions that the Secretary determines to be necessary or appropriate to address a uranium supply disruption. (2) Reallocation Notwithstanding any other provision of law, amounts made available to the National Nuclear Security Administration for the Uranium Reserve Program by, and described in the first proviso in, the matter under the heading weapons activities under the heading National Nuclear Security Administration under the heading atomic energy defense activities in title III of division D of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1369), that remain available as of the date of enactment of this Act shall be reallocated, as directed by the Secretary, for the purpose of establishing and initiating operation of the National Strategic Uranium Reserve by— (A) continuing the activities initiated by the National Nuclear Security Administration using the amounts described in that proviso; (B) carrying out other activities consistent with the purposes for which those amounts were made available under that Act; and (C) carrying out activities in accordance with the objectives described in subsection (a). (f) Continuation of the American Assured Fuel Supply Program In carrying out the American Assured Fuel Supply Program, the Secretary shall— (1) maintain, replenish, or increase the amount of uranium in the National Strategic Uranium Reserve in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (a); (2) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (3) coordinate the operations of the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program as the Secretary determines to be appropriate; (4) if determined by the Secretary to be appropriate and consistent with the objectives described in subsection (a), merge the operations of the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program; and (5) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of the American Assured Fuel Supply Program and the objectives described in subsection (a). (g) Authority (1) In general In carrying out the Programs, the Secretary, in coordination with the Secretary of State, may— (A) in addition to exercising the authority granted to the Secretary under any other provision of law, enter into transactions (other than contracts, cooperative agreements, financial assistance agreements, or the provision of any other financial assistance) with an ally or partner nation, a U.S. energy company, or any other domestic or foreign entity for any activity to carry out the Programs, including the acquisition or provision of uranium, conversion services, enrichment services, LEU, HALEU, and related goods and services, in the same manner as the Secretary of Defense under section 4021 of title 10, United States Code (other than subsections (b) and (f) of that section); (B) make acquisitions for the Programs through the use of competitive selection processes that the Secretary determines to be appropriate to achieve the objectives described in subsection (a) in an expeditious manner; (C) (i) establish milestones for achieving specified objectives, including the production of LEU and HALEU in amounts and timeframes specified by the Secretary; and (ii) provide awards and other forms of incentives for meeting those milestones; (D) provide loan guarantees, other financial assistance, or assistance in the form of revenue guarantees or similar mechanisms; (E) charge an amount for the provision of uranium, conversion services, enrichment services, LEU, HALEU, and other goods and services that, in the opinion of the Secretary, provides reasonable compensation, taking into account fair market value and the objectives described in subsection (a); and (F) notwithstanding section 3302 of title 31, United States Code— (i) receive and retain revenues from the sale or transfer of uranium, LEU, or HALEU and from other activities related to the Programs; and (ii) expend those revenues for purposes related to the program from which the revenues are derived. (2) Availability of funds The revenues described in paragraph (1)(F) shall remain available until expended. (h) Domestic sourcing considerations (1) In general Except as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if— (A) the activity promotes manufacturing in the United States; or (B) the activity relies on resources, materials, or equipment developed or produced— (i) in the United States; or (ii) in a country described in any of subparagraphs (A) through (H) of section 2(2) by— (I) a U.S. nuclear energy company; (II) an ally or partner nation; or (III) an associated entity. (2) Waiver The Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (a). (i) Exclusions The Secretary may not carry out an activity in connection with the Programs with an entity that is— (1) owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (j) Nuclear regulatory commission The Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) and related statutes. (k) USEC Privatization Act (1) In general The requirements of section 3112 of the USEC Privatization Act ( 42 U.S.C. 2297h–10 ) shall not apply to activities related to the Programs. (2) Amendment Section 3112A(c)(2)(A) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)) is amended— (A) in clause (xii), by inserting and after the semicolon at the end; (B) by striking clauses (xiii) through (xxvii); and (C) by adding at the end the following: (xiii) in calendar year 2026 and each calendar year thereafter, 0 kilograms. . (l) Authorization of appropriations In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary— (1) for the Nuclear Fuel Security Program, $3,500,000,000 for fiscal year 2023, to remain available until September 30, 2031; and (2) for the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program, such sums as are necessary for the period of fiscal years 2023 through 2030, to remain available until September 30, 2031. | https://www.govinfo.gov/content/pkg/BILLS-117s4064is/xml/BILLS-117s4064is.xml |
117-s-4065 | II 117th CONGRESS 2d Session S. 4065 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Booker (for himself, Mr. Scott of South Carolina , Mr. Warner , Mr. Young , and Mr. Van Hollen ) 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 modify the rules relating to qualified opportunity zones, and for other purposes.
1. Short title This Act may be cited as the Opportunity Zones Transparency, Extension, and Improvement Act . 2. Findings Congress makes the following findings: (1) The 8,764 population census tracts designated as qualified opportunity zones under section 1400Z–1 of the Internal Revenue Code of 1986 span across all 50 States, the District of Columbia, and 5 Territories and overwhelmingly represent communities that have been economically left behind as the American economy has surged forward. (2) The average poverty rate of qualified opportunity zone residents is 26.4 percent. (3) Fifty-four percent of the country’s pockets of concentrated persistent poverty—meaning census tracts in which at least 40 percent of the population has lived in poverty since at least 1980—are qualified opportunity zones. (4) More adults in qualified opportunity zones lack a high school diploma than have a four-year college degree. (5) The Investing in Opportunity Act, which originally proposed opportunity zones, originally incorporated reporting requirements to evaluate the impact the incentive will have on designated communities and it is critical that Congress act to reinstate reporting requirements as soon as possible. I Modification of population census tracts designated as qualified opportunity zones 101. Modification of population census tracts designated as qualified opportunity zones Section 1400Z–1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Disqualification of certain population census tracts (1) In general Except as provided in paragraph (5), any disqualified census tract shall not be treated as a qualified opportunity zone for any period after the date that is 30 days after the date on which the Secretary publishes the final list of disqualified census tracts under paragraph (4)(B). (2) Replacement zones (A) In general The chief executive officer of a State may nominate additional population census tracts to replace any population census tract the designation of which as a qualified opportunity zone was terminated by reason of paragraph (1). Except as otherwise provided in this paragraph, the rules of subsections (b), (c), (d), and (f) shall apply to any population census tract nominated under this paragraph. (B) Consultation No population census tract nominated under subparagraph (A) may be designated as a qualified opportunity zone unless the chief executive officer of the State certifies in writing to the Secretary that the chief executive officer has consulted with the chief executive officer (or the equivalent) of each local jurisdiction in which the population census tract is located. (C) Special rules For purposes of this subchapter— (i) any population census tract which is a disqualified census tract (as defined in paragraph (3) without regard to subparagraph (A)(i) thereof) may not be nominated as a qualified opportunity zone under this paragraph, (ii) the determination period with respect to a nomination under subparagraph (A) shall be the 45-day period beginning on the date on which the Secretary publishes the final list of disqualified census tracts under paragraph (4)(B), as extended under subsection (b)(2), and (iii) the period for which any such designation is in effect shall be the period beginning on the date such designation takes effect and ending on the last day of the 10th calendar year beginning on or after the designation date as a qualified opportunity zone for the population census tract which it is replacing as such a zone by reason of the termination under paragraph (1). (D) Regulations and guidance The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph. (3) Disqualified census tract For purposes of this subsection— (A) In general The term disqualified census tract means any population census tract which— (i) was designated as a qualified opportunity zone before the date of the enactment of this subsection, and (ii) is described in subparagraph (B) or (C). (B) High median family income tracts (i) In general Except as provided in clauses (ii) and (iii), a population census tract is described in this subparagraph if the median family income for such tract exceeds 130 percent of the national median family income. (ii) Exception Clause (i) shall not apply if the poverty rate of such population census tract (excluding students enrolled in an institution of higher education (as defined in section 101 of the Higher Education Act of 1965)) is equal to or greater than 30 percent. (iii) Request to retain designation for certain population census tracts Clause (i) shall not apply if the Secretary, upon a request of the chief executive officer of the State made not later than 60 days after the date the Secretary publishes the list described in paragraph (4)(A), determines that— (I) the designation of such population census tract was consistent with the purposes of this subchapter, or (II) the median family income for the population census tract does not exceed 130 percent of the national median family income. (C) Election to include additional population census tracts (i) In general A population census tract is described in this subparagraph if the Secretary, upon the request of the chief executive officer of the State submitted not later than 60 days after the date the Secretary publishes the list described in paragraph (4)(A), determines that the continued designation of such population census tract as a qualified opportunity zone is not consistent with the purposes of this subchapter. (ii) Regulations and guidance Not later than 12 months after the date of the enactment of this subsection, the Secretary shall issue regulations or guidance with respect to the criteria to be used for making a determination by the Secretary under clause (i). (4) Identification and publication of disqualified census tracts (A) Initial identification As soon as practical, but not later than 12 months after the date of the enactment of this subsection, the Secretary shall make public— (i) a list of population census tracts described in paragraph (3)(B) (determined without regard to clause (iii) thereof), and (ii) a list of population census tracts which are low-income communities and were not designated as a qualified opportunity zone before the date of enactment of this subsection. (B) Final list of disqualified census tracts Not later than 105 days after the date the Secretary publishes the list described in subparagraph (A), the Secretary shall make public a final list of disqualified census tracts. (5) Rules for qualified preexisting investments (A) In general For purposes of this subchapter, section 1400Z–2 shall be applied without regard to paragraph (1) with respect to any qualified preexisting trade or business. (B) Qualified preexisting trade or business For purposes of this paragraph— (i) In general The term qualified preexisting trade or business means any trade or business of a qualified opportunity zone fund or qualified opportunity zone business which meets the requirements of clauses (ii) and (iii) of section 1400Z–2(d)(3)(A) and which— (I) before the date of the enactment of this subsection, filed a registration statement under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ) or prepared any comparable offering memorandum or similar disclosure document provided in reliance on section 230.506 of title 17, Code of Federal Regulations (or successor regulations), promulgated under the Securities Act of 1933, that discloses the intent of such trade or business to invest in the disqualified census tract, (II) before the first date on which the disqualified census tract appears on any list published under paragraph (4), has made, or has entered into to binding agreements to make, investments in the disqualified census tract which— (aa) aggregate more than $250,000, and (bb) have been designated in writing for the use in, or the development of, such trade or business, or (III) is determined by the Secretary to have relied on the designation of the disqualified census tract as a qualified opportunity zone and to have suffered a loss as a result of the application of paragraph (1). (ii) Trade or business The term trade or business includes any activity intended to qualify as a trade or business within the meaning of section 162. (C) Regulations and guidance The Secretary shall prescribe such regulations or guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including guidance to prevent speculative investment solely for the purpose of falling within the definition of a qualified preexisting trade or business. (6) Determination of population census tract data For purposes of applying this subsection, in determining whether a population census tract meets any qualification with respect to poverty rate or any aspect of median income, such determination shall be made using the most recent census data that has been published by the Bureau of the Census as of the date of enactment of this subsection. . 102. Certain former industrial tracts permitted to be designated as opportunity zones Section 1400Z–1 of the Internal Revenue Code of 1986, as amended by section 101, is amended by adding at the end the following new subsection: (h) Special rule for former industrial tracts contiguous to designated opportunity zones (1) In general For purposes of this chapter, the term qualified opportunity zone means an population census tract which is described in paragraph (2) and designated as a qualified opportunity zone under this subsection. (2) Population census tract described A population census tract is described in this subparagraph if— (A) the tract— (i) has a population of zero, (ii) was previously used for industrial purposes and is a brownfield industrial site, and (iii) is contiguous, including by water, to a population census tract on at least 1 side that has been designated as a qualified opportunity zone under this section, or (B) the tract was merged, as a result of the 2020 decennial census, into a census tract described in subparagraph (A)(iii) and met all requirements described in subparagraph (A). (3) Designation For purposes of paragraph (1), a population census tract that is described in paragraph (2) is designated as a qualified opportunity zone if— (A) not later than 30 days after the date of the enactment of this subsection, the chief executive officer of the State in which the tract is located— (i) nominates the tract for designation as a qualified opportunity zone, and (ii) notifies the Secretary in writing of such nomination, and (B) not later than 30 days after receiving the notification under subparagraph (A)(ii), the Secretary certifies such nomination and designates such tract as a qualified opportunity zone. (4) Determination of census tract information For purposes of this subsection, the boundaries and population of a census tract shall be determined based on United States Census Bureau data for the 2010 decennial census. (5) Number of designations Population census tracts designated as a qualified opportunity zone under this subsection shall not be taken into account for purposes of subsection (d). (6) Definitions For purposes of this subsection— (A) Brownfield industrial site The term brownfield industrial site means a population census tract that includes real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance or pollutant or contaminant, including real property covered by a prospective purchaser agreement or similar agreement entered into by the Environmental Protection Agency or the appropriate State authority. (B) Hazardous substance The term hazardous substance means— (i) a hazardous substance as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(14) ), or (ii) petroleum or a petroleum product. (C) Pollutant or contaminant The term pollutant or contaminant has the meaning given such term in section 101(33) of such Act. . II Information reporting requirements 201. Information reporting on qualified opportunity funds (a) In general (1) Filing requirements for funds and investors Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6039J the following new sections: 6039K. Returns with respect to qualified opportunity funds (a) In general Every qualified opportunity fund shall file an annual return (at such time and in such manner as the Secretary may prescribe) containing the information described in subsection (b). (b) Information from qualified opportunity funds The information described in this subsection is— (1) the name, address, and taxpayer identification number of the qualified opportunity fund, (2) whether the qualified opportunity fund is organized as a corporation or a partnership, (3) the value of the total assets held by the qualified opportunity fund as of each date described in section 1400Z–2(d)(1), (4) the value of all qualified opportunity zone property held by the qualified opportunity fund on each such date, (5) with respect to each investment held by the qualified opportunity fund in qualified opportunity zone stock or a qualified opportunity zone partnership interest— (A) the name, address, and taxpayer identification number of the corporation in which such stock is held or the partnership in which such interest is held, as the case may be, (B) each North American Industry Classification Code that applies to the trades or businesses conducted by such corporation or partnership, (C) the population census tracts in which the qualified opportunity zone business property of such corporation or partnership is located, (D) the amount of the investment in such stock or partnership interest as of each date described in section 1400Z–2(d)(1), (E) the value of tangible property held by such corporation or partnership on each such date which is owned by such corporation or partnership, (F) the value of tangible property held by such corporation or partnership on each such date which is leased by such corporation or partnership, (G) the approximate number of residential units (if any) for any real property held by such corporation or partnership, and (H) the approximate average monthly number of full-time equivalent employees of such corporation or partnership for the year (within numerical ranges identified by the Secretary) or such other indication of the employment impact of such corporation or partnership as determined appropriate by the Secretary, (6) with respect to the items of qualified opportunity zone business property held by the qualified opportunity fund— (A) the North American Industry Classification Code that applies to the trades or businesses in which such property is held, (B) the population census tract in which the property is located, (C) whether the property is owned or leased, (D) the aggregate value of the items of qualified opportunity zone property held by the qualified opportunity fund as of each date described in section 1400Z–2(d)(1), and (E) in the case of real property, number of residential units (if any), (7) the approximate average monthly number of full-time equivalent employees for the year of the trades or businesses of the qualified opportunity fund in which qualified opportunity zone business property is held (within numerical ranges identified by the Secretary) or such other indication of the employment impact of such trades or businesses as determined appropriate by the Secretary, (8) with respect to each person who disposed of an investment in the qualified opportunity fund during the year— (A) the name and taxpayer identification number of such person, (B) the date or dates on which the investment disposed was acquired, and (C) the date or dates on which any such investment was disposed and the amount of the investment disposed, and (9) such other information as the Secretary may require. (c) Statement required To be furnished to investors Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return by reason of subsection (b)(9) a written statement showing— (1) the name, address and phone number of the information contact of the person required to make such return, and (2) the information required to be shown on such return by reason of subsection (b)(9) with respect to such person. (d) Definitions For purposes of this section— (1) In general Any term used in this section which is also used in subchapter Z of chapter 1 shall have the meaning given such term under such subchapter. (2) Full-time equivalent employees The term full-time equivalent employees means, with respect to any month, the sum of— (A) the number of full-time employees (as defined in section 4980H(c)(4)) for the month, plus (B) the number of employees determined (under rules similar to the rules of section 4980H(c)(2)(E)) by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by 120. 6039L. Information on persons investing in qualified opportunity funds (a) In general Every taxpayer who makes an investment in a qualified opportunity fund shall provide an annual statement (at such time and in such manner as the Secretary may prescribe) containing the information described in subsection (b) with respect to each such investment. (b) Information from investors The information described in this subsection is— (1) the name, address, and taxpayer identification number of the taxpayer, (2) the name and taxpayer identification number of the qualified opportunity fund in which the investment was made, (3) a description of such investment, (4) the date such investment was made, (5) the amount of short-term and long-term capital gains for which an election was made under section 1400Z–2(a)(1) for such investment, (6) in the case of any disposition of any investment in a qualified opportunity fund during the taxable year— (A) a description of the investment disposed, (B) the date of the disposition, and (C) the amount of any previously deferred short-term and long-term capital gain included in income as a result of such disposition, and (7) such other information as the Secretary may require. (c) Definitions Any term used in this section which is also used in subchapter Z of chapter 1 shall have the meaning given such term under such subchapter. 6039M. Information required from certain qualified opportunity zone businesses (a) In general Every applicable qualified opportunity zone business shall furnish to the qualified opportunity fund described in subsection (b) a written statement in such manner and setting forth such information as the Secretary may by regulations prescribe for purposes of enabling such qualified opportunity fund to meet the requirements of section 6039(b)(5). (b) Applicable qualified opportunity zone business For purposes of subsection (a), the term applicable qualified opportunity zone business means any qualified opportunity zone business (as defined in section 1400Z–2(d)(3))— (1) which is a trade or business of a qualified opportunity fund, (2) in which a qualified opportunity fund holds qualified opportunity zone stock, or (3) in which a qualified opportunity fund holds a qualified opportunity zone partnership interest. (c) Other terms Any term used in this section which is also used in subchapter Z of chapter 1 shall have the meaning given such term under such subchapter. . (2) Penalties (A) In general Part II of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by inserting after section 6725 the following new section: 6726. Failure to comply with information reporting requirements relating to qualified opportunity funds (a) Information returns by qualified opportunity funds (1) In general In the case of any person required to file a return under section 6039K fails to file a complete and correct return under such section in the time and in the manner prescribed therefor, such person shall pay a penalty of $500 for each day during which such failure continues. (2) Limitation (A) In general The maximum penalty under this subsection on failures with respect to any 1 return shall not exceed $10,000. (B) Large qualified opportunity funds In the case of any failure described in paragraph (1) with respect to a fund the gross assets of which (determined on the last day of the taxable year) are in excess of $10,000,000, subparagraph (A) shall be applied by substituting $50,000 for $10,000 . (3) Penalty in cases of intentional disregard If a failure described in paragraph (1) is due to intentional disregard, then— (A) paragraph (1) shall be applied by substituting $2,500 for $500 , (B) paragraph (2)(A) shall be applied by substituting $50,000 for $10,000 , and (C) paragraph (2)(B) shall be applied by substituting $250,000 for $50,000 . (4) Inflation adjustment (A) In general In the case of any failure relating to a return required to be filed in a calendar year beginning after 2023, each of the dollar amounts in paragraphs (1), (2), and (3) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding (i) In general If the $500 dollar amount in paragraphs (1) and (3)(A) or the $2,500 amount in paragraph (3)(A), after being increased under subparagraph (A), is not a multiple of $10, such dollar amount shall be rounded to the next lowest multiple of $10. (ii) Asset threshold If the $10,000,000 dollar amount in paragraph (2)(B), after being increased under subparagraph (A), is not a multiple of $10,000, such dollar amount shall be rounded to the next lowest multiple of $10,000. (iii) Other dollar amounts If any dollar amount in paragraph (2) or (3) (other than any amount to which clause (i) or (ii) applies), after being increased under subparagraph (A), is not a multiple of $1,000, such dollar amount shall be rounded to the next lowest multiple of $1,000. (b) Statements by investors (1) In general If— (A) any person is required to file a statement under section 6039L for any period, and (B) fails— (i) to file such statement on or before the required filing date, or (ii) fails to include all of the information required to be shown on the statement or includes incorrect information, such person shall pay a penalty of $5,000. (2) Reduction where correction in specified period If any failure described in paragraph (1)(B) is corrected on or before the day 60 days after the required filing date, the penalty imposed by paragraph (1) shall be $500 in lieu of the amount determined under such paragraph. (3) De minimis errors If— (A) there are one or more such failures described in paragraph (1)(B)(ii) relating to an incorrect dollar amount, and (B) no single amount in error differs from the correct amount by more than $100, then no correction shall be required, and, for purposes of this section, such statement shall be treated as having been filed with all correct required information. (4) Penalty in cases of intentional disregard If one or more failures described in paragraph (1)(B) are due to intentional disregard of the filing requirement (or the correct information reporting requirement), then, with respect to each such failure— (A) paragraphs (2) and (3) shall not apply, and (B) the amount of the penalty determined under paragraph (1) shall be $25,000. (5) Inflation adjustment (A) In general In the case of any failure relating to a statement required to be filed in a calendar year beginning after 2023, each of the dollar amounts in paragraphs (1), (2), and (4) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding The amount of any increase under subparagraph (A) shall be rounded to the nearest multiple of $100 ($10 in the case of any increase in the amount under paragraph (2)). . (B) Information required to be sent to other taxpayers Section 6724(d)(2) of such Code is amended— (i) by striking or at the end of subparagraph (II), (ii) by striking the period at the end of the first subparagraph (JJ) (relating to section 6226) and inserting a comma, (iii) by redesignating the second subparagraph (JJ) (relating to section 6050Y) as subparagraph (KK), (iv) by striking the period at the end of subparagraph (KK) (as redesignated by clause (iii)) and inserting a comma, and (v) by inserting after subparagraph (KK) (as so redesignated) the following new subparagraphs: (LL) section 6039K(c) (relating to disposition of qualified opportunity fund investments), or (MM) section 6039M (relating to information required from certain qualified opportunity zone businesses). . (3) Electronic filing Section 6011(e) of such Code is amended by adding at the end the following new paragraph: (8) Qualified opportunity funds Notwithstanding paragraphs (1) and (2), any return filed by a qualified opportunity fund shall be filed on magnetic media or other machine-readable form. . (4) Clerical amendments (A) The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6039J the following new items: Sec. 6039K. Returns with respect to qualified opportunity funds. Sec. 6039L. Information on persons investing in qualified opportunity funds. Sec. 6039M. Information required from certain qualified opportunity zone businesses. . (B) The table of sections for part II of subchapter B of chapter 68 of such Code is amended by inserting after the item relating to section 6725 the following new item: Sec. 6726. Failure to comply with information reporting requirements relating to qualified opportunity funds. . (5) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (b) Reporting of data on opportunity zone tax incentives (1) In general As soon as practical after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury, or the Secretary’s delegate (referred to in this section as the Secretary ), in consultation with the Director of the Bureau of the Census and such other agencies as the Secretary determines appropriate, shall make publicly available a report on qualified opportunity funds. (2) Information included The report required under paragraph (1) shall include, to the extent available, the following information: (A) The number of qualified opportunity funds. (B) The aggregate dollar amount of assets held in qualified opportunity funds. (C) The aggregate dollar amount of investments made by qualified opportunity funds in qualified opportunity fund property across each industry class under the North American Industry Classification Code. (D) The percentage of population census tracts designated as qualified opportunity zones that have received qualified opportunity fund investments. (E) For each population census tract designated as a qualified opportunity zone, the approximate average monthly number of full-time equivalent employees of the qualified opportunity zone businesses in such qualified opportunity zone for the preceding 12-month period (within numerical ranges identified by the Secretary) or such other indication of the employment impact of such qualified opportunity fund businesses as determined appropriate by the Secretary. (F) The percentage of the total amount of investments made by qualified opportunity funds in— (i) qualified opportunity zone property which is real property; and (ii) other qualified opportunity zone property. (G) For each population census tract, the aggregate approximate number of residential units resulting from investments made by qualified opportunity funds in real property. (H) The aggregate dollar amount of investments made by qualified opportunity funds in each population census tract. (3) Additional information (A) In general Beginning with the report submitted under paragraph (1) for the 6th year after the date of the enactment of this Act, the Secretary shall include in such report the impacts and outcomes of a designation of a population census tract as a qualified opportunity zone as measured by economic indicators, such as job creation, poverty reduction, new business starts, and other metrics as determined by the Secretary. (B) Semi-decennial information (i) In general In the case of any report submitted under paragraph (1) in the 6th year or the 11th year after the date of the enactment of this Act, the Secretary shall include the following information: (I) For population census tracts designated as a qualified opportunity zone, a comparison (based on aggregate information) of the factors listed in clause (iii) between the 5-year period ending on the date of the enactment of Public Law 115–97 and the most recent 5-year period for which data is available. (II) For population census tracts designated as a qualified opportunity zone, a comparison (based on aggregate information) of the factors listed in clause (iii) for the most recent 5-year period for which data is available between such population census tracts and a similar population census tracts that were not designated as a qualified opportunity zone. (ii) Control groups For purposes of clause (i), the Secretary may combine population census tracts into such groups as the Secretary determines appropriate for purposes of making comparisons. (iii) Factors listed The factors listed in this paragraph are the following: (I) The unemployment rate. (II) The number of persons working in the population census tract, including the percentage of such persons who were not residents in the population census tract in the preceding year. (III) Individual, family, and household poverty rates. (IV) Median family income of residents of the population census tract. (V) Demographic information on residents of the population census tract, including age, income, education, race, and employment. (VI) The average percentage of income of residents of the population census tract spent on rent annually. (VII) The number of residences in the population census tract. (VIII) The rate of home ownership in the population census tract. (IX) The average value of residential property in the population census tract. (X) The number of affordable housing units in the population census tract. (XI) The number and percentage of residents in the population census tract that were not employed for the preceding year. (XII) The number of new business starts in the population census tract. (XIII) The distribution of employees in the population census tract by North American Industry Classification Code. (4) Protection of identifiable return information In making reports required under this subsection, the Secretary— (A) shall establish appropriate procedures to ensure that any amounts reported do not disclose taxpayer return information that can be associated with any particular taxpayer or competitive or proprietary information, and (B) if necessary to protect taxpayer return information, may combine information required with respect to individual population census tracts into larger geographic areas. (5) Definitions Any term used in this subsection which is also used in subchapter Z of chapter 1 of the Internal Revenue Code of 1986 shall have the meaning given such term under such subchapter. III Modification of rules for investments in qualified opportunity funds 301. Extension of deferral period (a) In general Subparagraph (B) of section 1400Z–2(b)(1) of the Internal Revenue Code of 1986 is amended by striking December 31, 2026 and inserting December 31, 2028 . (b) Modification of basis rule Clause (iv) of section 1400Z–2(b)(2)(B) of such Code is amended by striking 7 each place it appears in the text and in the heading and inserting 6 . (c) Effective date The amendments made by this section shall apply to amounts invested after December 22, 2017. 302. Modification of definition of qualified opportunity fund (a) In general Section 1400Z–2(d)(1) of the Internal Revenue Code of 1986 is amended to read as follows: (1) In general The term qualified opportunity fund means— (A) any qualified feeder fund, or (B) any other investment vehicle if— (i) such investment vehicle is organized as a corporation or a partnership for the purpose of investing in qualified opportunity zone property (other than another qualified opportunity fund), and (ii) such investment vehicle holds at least 90 percent of its assets in qualified opportunity zone property, determined by the average of the percentage of qualified opportunity zone property held in the fund as measured— (I) on the last day of the first 6-month period of the taxable year of the fund, and (II) on the last day of the taxable year of the fund. . (b) Qualified feeder fund Section 1400Z–2(d) of such Code is amended by adding at the end the following new paragraph: (4) Qualified feeder fund The term qualified feeder fund means any investment vehicle that invests in a qualified opportunity fund if— (A) such investment vehicle is organized as a domestic partnership for the purpose of investing in one more corporations or partnerships described in paragraph (1)(B), (B) all investments made in the investment vehicle are made in cash, and (C) not less than 95 percent of the assets of which are equity investments in corporations or partnerships described in paragraph (1)(B). . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. IV State and community dynamism fund 401. State and community dynamism fund (a) Establishment There is established a State and Community Dynamism Fund to support public and private investment, including capital for qualified opportunity zones designated under section 1400Z–1(a) of the Internal Revenue Code of 1986, and existing small business and community economic development programs and incentives, to underserved businesses and communities. (b) Allocation (1) In general Funds appropriated to the State and Community Dynamism Fund shall be allocated to States. (2) Formula (A) In general The Secretary of the Treasury shall determine the allocation by allocating Federal funds among the States based on the proportion of prime working age adults in each State bears to the total of prime working age adults for all the States. (B) Minimum allocation The Secretary shall adjust the allocations under subparagraph (A) for each State to the extent necessary to ensure that no State receives less than 0.9 percent of the Federal funds. (3) Requirement To receive an allocation under paragraph (2), a State shall certify that the State will use funds to— (A) build capacity in high-poverty, underbanked, rural, and otherwise underserved communities; (B) advance investment in minority-, women, and veteran-owned businesses; (C) address workforce development in strategic sectors of the State’s economy; and (D) align priorities to support affordably priced housing. (4) Suballocation A State may spend funds allocated under this subsection directly or suballocate the funds to other entities, including units of general local government and nonprofits. (5) Eligible uses Funds allocated under this subsection shall be used for any eligible use in a low-income community, as defined in section 45D(e) of the Internal Revenue Code of 1986, including for— (A) operating support and community capacity building, with priority to given to operating support and community capacity building in qualified opportunity zones, including— (i) personnel to support activities, including coordination, education, and investment; (ii) community-level capacity building, training, and strategic planning; (iii) outreach, technical assistance, and professional services to underserved businesses and underserved opportunity zone fund managers; (B) high-impact projects, including— (i) predevelopment costs associated with individual Qualified Opportunity Zone projects; and (ii) risk mitigation for qualified opportunity zone funds; and (C) administrative costs, not to exceed 3 percent of the funds allocated. (6) Eligible projects Funds used for high-impact project activities, as described in paragraph (5)(B), shall only be used for— (A) business with less than 200 employees; (B) projects that provide community goods or services, including health care, social services, healthy food access, education, broadband, and culture; or (C) affordable housing with at least 50 percent of the units that are affordable to families making less than 80 percent of area median family income. (7) Prioritization A State that receives funds under this section must prioritize activities that— (A) promote investment in projects that substantially support minorities, as defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1811 note), or other targeted populations, as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ); and (B) have demonstrated meaningful engagement with community stakeholders. (c) Authorization of appropriations There is authorized to be appropriated $1,000,000,000 to carry out this section. (d) GAO audit The Comptroller General of the United States shall perform an annual audit of the Fund and submit to the appropriate committees of Congress a report containing the results of the audit. (e) Annual report Not later than March 31 of each year, each State receiving funds under this title shall submit to the Secretary a report on the performance of the State and participating entities in the State that includes— (1) an accounting of the expenditure of funds received by the State, including on administrative or indirect costs; (2) information on the number and characteristics of participants served under this title; and (3) a summary describing the training, capacity-building, and technical assistance offered by the State and participating entities. (f) Definitions In this section: (1) Prime working age adults not employed The term prime working age adults not employed means, with respect to a State, the share of the adult population aged 25 to 54 that was not employed for the most recent year for which data is available. (2) State The term State includes the District of Columbia, any territory or possession of the United States, and any Indian Tribe. | https://www.govinfo.gov/content/pkg/BILLS-117s4065is/xml/BILLS-117s4065is.xml |
117-s-4066 | II 117th CONGRESS 2d Session S. 4066 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Act of 2020 to require the Secretary of Energy to establish a program to accelerate the availability of commercially produced high-assay, low-enriched uranium in the United States and to make high-assay, low-enriched uranium produced from Department of Energy inventories available for use in advanced nuclear reactors, and for other purposes.
1. Short title This Act may be cited as the Fueling Our Nuclear Future Act of 2022 . 2. Sense of congress It is the sense of Congress that— (1) the Department of Energy (referred to in this section as the Department ) should prioritize activities to establish a domestic high-assay, low-enriched uranium (referred to in this section as HALEU ) enrichment capability, consistent with subsection (c) of section 2001 of the Energy Act of 2020 ( 42 U.S.C. 16281 ); (2) domestic HALEU enrichment will not be commercially available at the scale needed in time to meet the needs of advanced nuclear reactor demonstration projects; and (3) the Department needs to make available HALEU, produced from inventories owned by the Department, for use by advanced nuclear reactors consistent with subsection (d) of section 2001 of the Energy Act of 2020 ( 42 U.S.C. 16281 ), until such time as commercial HALEU enrichment capability exists consistent with that subsection. 3. HALEU for advanced nuclear reactors Section 2001 of the Energy Act of 2020 ( 42 U.S.C. 16281 ) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (D)— (I) in clause (v)(III), by adding or after the semicolon at the end; (II) by striking clause (vi); and (III) by redesignating clause (vii) as clause (vi); (ii) in subparagraph (E), by striking for domestic commercial use and inserting to meet the needs of commercial, government, academic, and international entities ; and (iii) in subparagraph (I), by inserting nuclear after advanced ; (B) in paragraph (5), in the paragraph heading, by striking HA–LEU and inserting HALEU ; and (C) by redesignating paragraphs (6) and (7) as paragraphs (8) and (6), respectively, and moving the paragraphs so as to appear in numerical order; (2) in subsection (b)(2)— (A) in the paragraph heading, by striking HA–LEU and inserting HALEU ; (B) by striking subsection (a)(1) each place it appears and inserting subsection (b)(1) ; (C) in subparagraph (B)(viii), by striking subsection (a)(2)(F) and inserting subsection (b)(2)(F) ; and (D) in subparagraph (D)(vi), by striking subsection (a)(2)(A) and inserting subsection (b)(2)(A) ; (3) in subsection (c)— (A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; and (B) in the matter preceding subparagraph (A) (as so redesignated)— (i) by striking in this section and inserting under this subsection ; and (ii) by striking There are and inserting the following: (7) Authorization of appropriations There are ; (4) in subsection (d)— (A) in paragraph (4)— (i) in the paragraph heading, by striking High-assay low-enriched and inserting High-assay, low-enriched ; and (ii) by striking high-assay low-enriched and inserting high-assay, low-enriched ; (B) by redesignating paragraphs (1) through (6) as paragraphs (3), (4), (6), (7), (8), and (9), respectively; (C) by inserting before paragraph (3) (as so redesignated) the following: (1) Advanced nuclear reactor The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Advanced nuclear reactor end-user The term advanced nuclear reactor end-user means an entity seeking or receiving HALEU under subsection (d)(1) for use by an advanced nuclear reactor, including— (A) the recipient of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and (B) a member of the consortium established under subsection (b)(2)(F). ; (D) by inserting after paragraph (4) (as so redesignated) the following: (5) Department The term Department means the Department of Energy. ; and (E) by striking paragraph (6) (as so redesignated) and inserting the following: (6) HALEU The term HALEU means high-assay, low-enriched uranium. ; (5) by striking HA–LEU each place it appears and inserting HALEU ; (6) by moving paragraph (7) of subsection (c) (as designated by paragraph (3)(B)(ii)) so as to appear after paragraph (6) of subsection (a) (as redesignated by paragraph (1)(C)); (7) by striking subsection (c); (8) by redesignating subsections (a), (b), and (d) as subsections (b), (g), and (a), respectively, and moving the subsections so as to appear in alphabetical order; (9) by inserting after subsection (b) (as so redesignated) the following: (c) Commercial HALEU availability (1) Establishment Not later than 30 days after the date of enactment of the Fueling Our Nuclear Future Act of 2022 , the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall establish a program (referred to in this subsection as the program ) to accelerate the availability of commercially produced HALEU in the United States in accordance with this subsection. (2) Purposes The purposes of the program are— (A) to provide for the availability of HALEU produced, chemically converted, enriched, chemically deconverted, and suitable for fabrication into final fuel form in the United States; (B) to address nuclear fuel supply chain gaps and deficiencies in the United States; and (C) to support strategic nuclear fuel supply chain capabilities in the United States. (3) Considerations In carrying out the program, the Secretary shall consider and, as appropriate, execute— (A) options to establish, through a competitive process, a domestic commercial HALEU production capability of not less than 20 metric tons of HALEU per year, with initial availability by— (i) December 31, 2027; or (ii) the earliest operationally feasible date thereafter; (B) options that provide for an array of HALEU— (i) enrichment levels; (ii) output levels to meet demand; and (iii) fuel forms; and (C) options to establish, through a competitive process, a HALEU Bank— (i) to replenish, as necessary, Department stockpiles of uranium used in carrying out activities under subsection (d); (ii) to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and (iii) to make HALEU available to members of the consortium established under subsection (b)(2)(F), after addressing the needs described in clauses (i) and (ii). (4) Authorization of appropriations In addition to amounts otherwise made available (other than amounts made available under section 4(b) of the Fueling Our Nuclear Future Act of 2022 ), there is authorized to be appropriated to the Secretary to carry out this subsection $150,000,000 for each of fiscal years 2023 through 2032. (d) HALEU for advanced nuclear reactor demonstration projects (1) Activities On enactment of the Fueling Our Nuclear Future Act of 2022 , the Secretary shall immediately accelerate and, as necessary, initiate activities to make available HALEU, produced from inventories owned by the Department, for use by advanced nuclear reactors, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to members of the consortium established under subsection (b)(2)(F), as available. (2) Ownership HALEU made available under this subsection— (A) shall remain the property of, and title shall remain with, the Department; and (B) shall not be subject to the requirements of section 3112(d)(2) and 3113 of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2) , 2297h–11). (3) Quantity In carrying out activities under this subsection, the Secretary shall make available— (A) by September 30, 2024, not less than 3 metric tons of HALEU; (B) by December 31, 2025, not less than an additional 8 metric tons of HALEU; and (C) by June 30, 2026, not less than an additional 10 metric tons of HALEU. (4) Factors for consideration In carrying out activities under this subsection, the Secretary shall take into consideration— (A) options for providing HALEU from a stockpile of uranium owned by the Department (including the National Nuclear Security Administration), including— (i) fuel that— (I) directly meets the needs of advanced nuclear reactor end-users; but (II) has been previously used or fabricated for another purpose; (ii) fuel that can meet the needs of advanced nuclear reactor end-users after removing radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department (including activities of the National Nuclear Security Administration); (iii) fuel from a high-enriched uranium stockpile, which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor end-users; and (iv) fuel from uranium stockpiles intended for other purposes, but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department; (B) options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the HALEU Bank established under subsection (c)(3)(C); and (C) options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the HALEU Bank established under subsection (c)(3)(C). (5) Limitation The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to— (A) the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or (B) environmental cleanup activities. (6) Authorization of appropriations In addition to amounts otherwise made available (other than amounts made available under section 4(b) of the Fueling Our Nuclear Future Act of 2022 ), there is authorized to be appropriated to the Secretary to carry out this subsection $200,000,000 for each of fiscal years 2023 through 2027. (7) Sunset The authority of the Secretary to carry out activities under this subsection shall terminate on the date on which the HALEU needs of advanced nuclear reactor end-users can be fully met by commercial HALEU suppliers in the United States, as mutually agreed to by the Secretary and advanced nuclear reactor end-users. (e) Cost recovery (1) In general In carrying out activities under subsections (c) and (d), the Secretary shall ensure that any HALEU acquired, provided, or made available under those subsections for advanced nuclear reactor end-users is subject to cost recovery in accordance with subsection (b)(2)(G). (2) Availability of certain funds Notwithstanding section 3302 of title 31, United States Code, revenues received from the sale or transfer of fuel feed material and other activities related to making HALEU available pursuant to this section— (A) shall be available to the Department for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and (B) shall remain available until expended. (f) Exclusion In carrying out activities under this section, the Secretary shall not make available, or provide funding for, uranium that is recovered, downblended, produced, chemically converted, enriched, chemically deconverted, or fabricated by an entity that— (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. ; and (10) by adding at the end the following: (h) Briefing Not later than 90 days after the date of enactment of the Fueling Our Nuclear Future Act of 2022 , the Secretary shall provide a briefing to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives that— (1) summarizes the reports required by subsection (g); (2) summarizes the planning of the Department for the storage and disposal of waste products resulting from the production and use of HALEU; and (3) summarizes the ability of uranium suppliers to provide uranium for advanced nuclear reactor fuel, including— (A) uranium that has been produced prior to the date of enactment of the Fueling Our Nuclear Future Act of 2022 ; (B) the sufficiency of existing uranium production to meet the needs described in this section; (C) an assessment of the countries from which the Unites States currently imports uranium, including the form and annual quantity; (D) the impact of increased reliance on domestic uranium production, conversion, and enrichment to sustain the continued operation of existing nuclear reactors; and (E) the need for increased domestic uranium production to meet the needs described this section. . 4. Transfer of funds from the United States Enrichment Corporation Fund (a) Definitions In this section: (1) Fund The term Fund means the United States Enrichment Corporation Fund established by section 1308 of the Atomic Energy Act of 1954 (68 Stat. 921, chapter 1073; 106 Stat. 2929) (repealed by section 3116(a)(1) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 ( Public Law 104–134 ; 110 Stat. 1321–349)). (2) Secretary The term Secretary means the Secretary of Energy. (b) Authorization of transfer of amounts (1) In general All amounts in the Fund as of the date of enactment of this Act are authorized to be transferred and merged with the amounts authorized to be appropriated to the Secretary to carry out subsections (c) and (d) of section 2001 of the Energy Act of 2020 ( 42 U.S.C. 16281 ). (2) Allocation Of the amounts authorized to be transferred under paragraph (1)— (A) 50 percent is authorized to be appropriated to carry out subsection (c) of that section; and (B) 50 percent is authorized to be appropriated to carry out subsection (d) of that section. (3) Application Any amounts made available to the Secretary under subparagraph (A) or (B) of paragraph (2)— (A) shall be considered to be part of the amounts authorized to be appropriated to the Secretary under subsection (c)(4) or (d)(6), respectively, of section 2001 of the Energy Act of 2020 ( 42 U.S.C. 16281 ); and (B) shall remain available until expended. (c) Termination of Fund The Fund shall terminate on completion of the transfer under subsection (b)(1). | https://www.govinfo.gov/content/pkg/BILLS-117s4066is/xml/BILLS-117s4066is.xml |
117-s-4067 | II 117th CONGRESS 2d Session S. 4067 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Booker (for himself, Mr. Brown , and Mr. Padilla ) 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 improve access to care for all Medicare and Medicaid beneficiaries through models tested under the Center for Medicare and Medicaid Innovation, and for other purposes.
1. Short title This Act may be cited as the John Lewis Equality in Medicare and Medicaid Treatment Act of 2022 . 2. Improving access to care for Medicare and Medicaid beneficiaries Section 1115A of the Social Security Act ( 42 U.S.C. 1315a ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting advance health equity and before improve the coordination ; and (B) in paragraph (3)— (i) by inserting (including the Office of Minority Health of the Centers for Medicare & Medicaid Services, the Office of Rural Health Policy of the Health Resources and Services Administration, and the Office on Women’s Health of the Department of Health and Human Services) after relevant Federal agencies ; and (ii) by striking experts with expertise in medicine and inserting experts with expertise in medicine, the causes of health disparities and the social determinants of health, and ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting the following after the first sentence: Prior to selecting a model under this paragraph, the Secretary shall consult with the Office of Minority Health of the Centers for Medicare & Medicaid Services, the Office of Rural Health Policy of the Health Resources and Services Administration, and the Office on Women’s Health of the Department of Health and Human Services to ensure that models under consideration address health disparities and social determinants of health as appropriate for populations to be cared for under the model. ; (II) by inserting and, for models for which testing begins on or after January 1, 2023, address health equity as well as improving access to care received by individuals receiving benefits under such title after applicable title ; and (III) by adding at the end the following: The models selected under this subparagraph shall include the social determinants of health payment model described in subsection (h), the testing of which shall begin not later than December 31, 2023. ; and (ii) in subparagraph (C), by adding at the end the following new clauses: (ix) Whether the model will affect access to care from providers and suppliers caring for high risk patients or operating in underserved areas. (x) Whether the model has the potential to reduce health disparities, including minority and rural health disparities. ; (B) in paragraph (3)(B)— (i) in clause (i), by inserting or health equity after quality of care ; (ii) in clause (ii), by inserting or increasing health inequities after quality of care ; and (iii) in clause (iii), by inserting or health equity after quality of care ; and (C) in paragraph (4)(A)— (i) in clause (i), by striking ; and and inserting a semicolon; (ii) in clause (ii), by striking the period and inserting ; and ; and (iii) by adding at the end the following new clause: (iii) for models for which testing begins on or after January 1, 2023, the extent to which the model improves health equity. ; (3) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting or, beginning on or after January 1, 2023, increasing health inequities before the semicolon; and (ii) in subparagraph (B), by inserting or, beginning on or after January 1, 2023, health equity after patient care ; and (B) in paragraph (3), by inserting or increase health disparities experienced by beneficiaries, including low-income, minority, or rural beneficiaries, or that such expansion would improve health equity before the period; (4) in subsection (g), by adding at the end the following: For reports submitted after the date of enactment of the John Lewis Equality in Medicare and Medicaid Treatment Act of 2022 , each such report shall include information on the following: (1) The interventions that address social determinants of health, health disparities, or health equity in payment models selected by the CMI for testing under this section. (2) Estimated Federal savings achieved through reducing disparities, including rural and minority health disparities, improving health equity, or addressing social determinants of health. (3) The effectiveness of interventions in mitigating negative health outcomes and higher costs associated with social determinants of health within models selected by the Center for Medicare and Medicaid Innovation for testing. (4) Other areas determined appropriate by the Secretary. ; and (5) by adding at the end the following new subsection: (h) Social determinants of health payment model (1) In general The social determinants of health payment model described in this subsection is a payment model that tests each of the payment and service delivery innovations described in paragraph (2) in a region determined appropriate by the Secretary. (2) Payment and service delivery innovations described For purposes of paragraph (1), the payment and service delivery innovations described in this clause are the following: (A) Payment and service delivery innovations for behavioral health services, focusing on gathering actionable data to address the higher costs associated with beneficiaries with diagnosed behavioral conditions. (B) Payment and service delivery innovations targeting conditions or comorbidities of individuals entitled or enrolled under the Medicare program under title XVIII and enrolled under a State plan under the Medicaid program under title XIX to increase capacity in underserved areas. (C) Payment and service delivery innovations targeting conditions or comorbidities of applicable individuals to increase capacity in underserved areas. (D) Payment and service delivery innovations targeted on Medicaid eligible pregnant and postpartum women, up to one year after delivery. . | https://www.govinfo.gov/content/pkg/BILLS-117s4067is/xml/BILLS-117s4067is.xml |
117-s-4068 | II 117th CONGRESS 2d Session S. 4068 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Padilla (for himself, Mr. Menendez , Ms. Cortez Masto , Mr. Heinrich , Mrs. Feinstein , Mr. Durbin , Mr. Murphy , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To promote and support collaboration between Hispanic-serving institutions and local educational agencies with high enrollments of Hispanic or Latino students, and for other purposes.
1. Short title This Act may be cited as the Hispanic Educational Resources and Empowerment Act of 2022 . 2. Findings Congress finds the following: (1) Hispanics and Latinos are the largest, youngest, and second-fastest growing minority population in the United States, accounting for half of the Nation’s population growth between 2010 and 2020. (2) While Hispanics and Latinos compose 18 percent of the population of the United States, they compose 26 percent of the prekindergarten through grade 12 public school student enrollment in the United States. (3) Over 3,300 local educational agencies have 25 percent or more Hispanic and Latino enrollment and those local educational agencies enroll 78 percent of all prekindergarten through grade 12 Hispanic and Latino students in the United States. (4) Hispanic and Latino students face disparities in educational outcomes, including lower grades, lower scores on standardized tests, and higher dropout rates. (5) Hispanic and Latino students tend to face greater barriers once in college than their non-Hispanic and Latino peers. Seventy percent of Hispanic and Latino college students are first-generation college students and nearly half of Hispanic and Latino college students are eligible to receive a Federal Pell Grant. (6) Hispanics and Latinos have less access to enrolling in, or graduating from, institutions of higher education. (7) More Hispanics and Latinos are going to college than ever before, but only slightly more than half of the Hispanic and Latino students who enroll earn a bachelor’s degree. (8) Hispanics and Latinos lag behind non-Hispanic Whites, Blacks, and Asian American and Native American Pacific Islanders in educational attainment of high school diplomas, associate’s degrees, and bachelor’s degrees. (9) In 2019, the median weekly earnings among high school graduates with no postsecondary degree were lower than such earnings for individuals holding associate’s degrees by $123, and for individuals holding bachelor’s degrees by $635. Given this information, and the growth in the Hispanic and Latino population relative to the nearly stagnant population growth of the Nation as a whole, gains in Hispanic and Latino educational attainment are crucial to economic gains for the United States. (10) Hispanics and Latinos are an increasingly vital component of the workforce of the United States. The number of Hispanics and Latinos in the labor force is expected to grow by approximately 6,900,000 between 2020 and 2030. (11) To help ensure that the United States is prepared to meet the needs of its changing workforce, Hispanics and Latinos and the institutions that enroll them most, Hispanic-serving institutions, must be afforded the resources and support necessary to close the achievement and opportunity gaps. 3. Collaboration between Hispanic-serving institutions and local educational agencies Title V of the Higher Education Act of 1965 ( 20 U.S.C. 1101 et seq. ) is amended by adding at the end the following new part: D Collaboration between Hispanic-serving institutions and local educational agencies with high enrollments of Hispanic or Latino students 531. Purposes The purposes of this part are— (1) to promote and support opportunities for academic alliances and collaborative partnerships between Hispanic-serving institutions and local educational agencies with high enrollments of Hispanic or Latino students for the purpose of improving postsecondary educational attainment of Hispanic and Latino students; and (2) to expand and enhance the course offerings, program quality, and overall functionality of the colleges, universities, and local educational agencies that educate the majority of Hispanic and Latino students. 532. Program authority, application, and eligibility (a) Program authority Subject to the availability of funds appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to Hispanic-serving institutions serving as grant recipient and fiscal agent for an eligible entity, to enable the eligible entity to carry out activities described under section 533 to improve and expand the capacity to develop innovative collaboration agreements between local educational agencies and institutions of higher education to better serve Hispanic and Latino students. (b) Eligible entity The term eligible entity means a partnership that— (1) shall include— (A) one or more Hispanic-serving institutions, one of which shall serve as the grant recipient and fiscal agent for the eligible entity; and (B) one or more local educational agencies with high enrollments of Hispanic or Latino students; and (2) may include— (A) one or more emerging Hispanic-serving institutions; (B) one or more local educational agencies with high enrollments of Hispanic or Latino students; and (C) one or more nonprofit or community-based organizations, or public or private nonprofit entities with a demonstrated record of success in implementing activities similar to the activities authorized under section 533. (c) Application An eligible entity that desires to receive a grant under this part shall— (1) designate a Hispanic-serving institution that is a member of the eligible entity to serve as the grant applicant, grant recipient, and fiscal agent for the eligible entity; and (2) through such designated Hispanic-serving institution, submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require under part C and this part. 533. Authorized activities An eligible entity that receives a grant under this part shall use the grant funds for 1 or more of the following activities to support eligible students: (1) Creating a college-bound culture among students, which may include activities to promote the early exposure of such students and their families to the opportunities and requirements of postsecondary education, and other evidence-based services, including services determined to have proven positive outcomes by the What Works Clearinghouse maintained by the Institute of Education Sciences. (2) Improvements to school-based and institutional practices to prepare students for postsecondary education, and provide high quality postsecondary supports when necessary, which may include— (A) aligning high school coursework and high school graduation requirements with the requirements for entrance into credit-bearing coursework at 4-year institutions of higher education, including Hispanic-serving institutions; (B) early identification and support for students at risk of not graduating from high school within 4 years, or at risk of requiring remediation upon enrolling in postsecondary education; (C) developing and implementing pathways to postsecondary education that— (i) provide students with advanced coursework and result in a recognized postsecondary credential, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); or (ii) integrate rigorous and challenging career and technical education, work-based learning, and advanced coursework or other academic instruction aligned with the challenging State academic standards adopted by the State in which the eligible entity is located under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ); (D) co-requisite courses; (E) technology-enhanced diagnostics and delivery of remedial education; (F) use of multiple measures by institutions of higher education for the purposes of placement; (G) analysis of a given placement approach and how the approach affected equity; (H) faculty development to ensure effective instruction; and (I) practices to teach college success skills. (3) Support for students for high school completion and transition to postsecondary education, which may include— (A) assistance with the college application process; (B) assistance with applying for financial aid; and (C) assistance with selecting institutions of higher education to which a student should apply based on the needs and attributes of the student, available degree programs, and outcomes of the institutions. (4) Addressing non-academic needs that are barriers to college enrollment, persistence, and completion for students, which may include— (A) activities to address the comprehensive needs of students, including child care, housing and food insecurity, finances, health issues, and transportation; and (B) activities to promote a positive campus climate at institutions of higher education and to increase the sense of belonging among students, including through first year support programs such as mentoring and peer networks and advisories. (5) Developing and offering grow your own programs that encourage students to pursue careers in education and that provide pathways to meet applicable certification and licensure requirements in the State such program is operating in, including any requirements for certification obtained through alternative routes to certification, which may include— (A) opportunities for students to take dual credit courses in education, where such courses align with the regular high school diploma (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) and count for credit at the institution of higher education; (B) opportunities for students to engage in work-based learning opportunities in the field of education; (C) experiential learning that supports the success of students and increases students’ interest in pursuing a teaching career; (D) providing direct supports, including wrap-around services, for students to enroll and be successful in postsecondary enrollment options for courses that would meet degree requirements for teacher licensure; and (E) scholarships to students who have completed a secondary school diploma or its recognized equivalent to enroll in teacher preparation programs. 534. Reporting Each eligible entity receiving a grant under this part shall, through the Hispanic-serving institution designated under section 532(b) , submit to the Secretary, at the end of each grant period, a report that includes information the Secretary may require. Such report shall include information on the outcomes of the activities carried out by the eligible entity, before and after such activities were funded under this part, on the number and percentage of students entering, persisting, and completing postsecondary education. Such information shall be disaggregated to measure the specific impact on economically disadvantaged students, students from each major racial and ethnic group, students with disabilities, English learners, students of different genders, and migrant students. 535. Technical assistance and evaluation (a) Reservations From the total amount appropriated for this part under section 528(a) for a fiscal year, the Secretary shall reserve not more than the lesser of 5 percent or $5,000,000 for— (1) providing technical assistance to eligible entities, directly or through grants, contracts, or cooperative agreements, by qualified experts on using practices grounded in evidence to improve the outcomes of programs funded under this part; and (2) conducting the evaluation described in subsection (b) . (b) Evaluation The Secretary, in partnership with the Director of the Institute of Education Sciences, shall contract with a third party to conduct an independent evaluation of the activities funded under this part. Such evaluation shall include the impact of the policies and services resulting from such activities on the number and percentage of students entering, persisting, and completing postsecondary education. The data collected by such evaluation shall be disaggregated to measure the specific impact on economically disadvantaged students, students from each major racial and ethnic group, students with disabilities, English learners, students of different genders, and migrant students. 536. Definitions In this part: (1) Advanced coursework The term advanced coursework means coursework designed for students to earn postsecondary credit upon successful completion of the coursework while still in secondary school, such as Advanced Placement, International Baccalaureate, dual or concurrent enrollment programs, and early college high school programs. (2) Co-requisite courses The term co-requisite courses means courses designed for students at institutions of higher education that combine credit-bearing postsecondary-level coursework with supplemental instruction or additional academic support. (3) Dual or concurrent enrollment program The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Early college high school The term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Eligible student The term eligible student means— (A) any student who is enrolled or eligible to enroll in a secondary school that is served by a local educational agency with high enrollments of Hispanic or Latino students; and (B) any student who is enrolled or has been accepted for enrollment at a Hispanic-serving institution or an emerging Hispanic-serving institution. (6) Emerging Hispanic-serving institution The term emerging Hispanic-serving institution means an institution of higher education that— (A) is an eligible institution, as defined in section 502; and (B) has an enrollment of undergraduate full-time equivalent students that is at least 15 percent but less than 25 percent Hispanic students at the end of the award year immediately preceding the date of the application for a grant under this part. (7) Local educational agency with high enrollments of hispanic or latino students The term local educational agency with high enrollments of Hispanic or Latino students means a local educational agency— (A) in which at least 25 percent of the students served by the local educational agency are Hispanic or Latino students, as determined by the enrollment data of the local educational agency no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543 ); and (B) in which at least 50 percent of the students served by the local educational agency meet a measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ). . 4. Authorization of appropriations Section 528(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1103g(a) ) is amended by adding at the end the following new paragraph: (3) Part D There are authorized to be appropriated to carry out part D $150,000,000 for fiscal year 2023 and such sums as may be necessary for each of the 5 succeeding fiscal years. . | https://www.govinfo.gov/content/pkg/BILLS-117s4068is/xml/BILLS-117s4068is.xml |
117-s-4069 | II 117th CONGRESS 2d Session S. 4069 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the National Firearms Act to provide an exception for stabilizing braces, and for other purposes.
1. Short title This Act may be cited as the Pistol Brace Protection Act . 2. Modification of definition of firearm (a) Firearm definitions in title 18, United States Code Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (4)— (A) in subparagraph (B), by striking (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) and inserting the following: (other than a shotgun, a shotgun shell, or a firearm excluded from the definition of the term shotgun under paragraph (5)) ; and (B) in the flush text following subparagraph (C), by striking which the owner intends to use solely for sporting, recreational or cultural purposes ; (2) in paragraph (5)— (A) by inserting (A) after (5) ; and (B) by adding at the end the following: (B) (i) The term shotgun shall not include any pistol or other firearm that is equipped with a device that is designed, manufactured, and intended to allow the operation of a pistol or other firearm with a single hand through the use of a brace that— (I) is attachable or provides support to the user’s arm; and (II) the user intends to fire with a single hand. (ii) For purposes of clause (i), documented use with 2 hands or firing from the shoulder does not establish that a user does not intend to fire the pistol or other firearm with a single hand. ; and (3) in paragraph (7)— (A) by inserting (A) after (7) ; and (B) by adding at the end the following: (B) (i) The term rifle shall not include any pistol that is equipped with a device that is designed, manufactured, and intended to allow the operation of a pistol with a single hand through the use of a brace that— (I) is attachable or provides support to the user’s arm; and (II) the user intends to fire with a single hand. (ii) For purposes of clause (i), documented use with 2 hands or firing from the shoulder does not establish that a user does not intend to fire the pistol with a single hand. . (b) National Firearms Act Section 5845 of the Internal Revenue Code of 1986 is amended— (1) in subsection (c)— (A) by striking The term rifle means and inserting the following: (1) In general Subject to paragraph (2), the term rifle means , and (B) by adding at the end the following: (2) Exception (A) In general The term rifle shall not include any pistol which— (i) is equipped with a device which is designed, manufactured, and intended to allow the operation of a pistol with a single hand through the use of a brace that— (I) is attachable, or (II) provides support to the user’s arm, and (ii) the user intends to fire with a single hand. (B) Exclusion For purposes of clause (ii) of subparagraph (A), any documented use of a pistol described in such subparagraph with 2 hands or firing from the shoulder shall not establish that a user does not intend to fire such pistol with a single hand. , (2) in subsection (d)— (A) by striking The term shotgun means and inserting the following: (1) In general Subject to paragraph (2), the term shotgun means , and (B) by adding at the end the following: (2) Exception (A) In general The term shotgun shall not include any pistol or other weapon which— (i) is equipped with a device which is designed, manufactured, and intended to allow the operation of a pistol with a single hand through the use of a brace that— (I) is attachable, or (II) provides support to the user’s arm, and (ii) the user intends to fire with a single hand. (B) Exclusion For purposes of clause (ii) of subparagraph (A), any documented use of a pistol or other weapon described in such subparagraph with 2 hands or firing from the shoulder shall not establish that a user does not intend to fire such pistol or other weapon with a single hand. , (3) in subsection (e)— (A) by striking a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, , and (B) by striking having a rifled bore, or rifled bores , and (4) in subsection (f), by striking except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes and inserting other than a shotgun, a shotgun shell, or a firearm excluded from the definition of the term ‘shotgun’ under subsection (d) . (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4069is/xml/BILLS-117s4069is.xml |
117-s-4070 | II 117th CONGRESS 2d Session S. 4070 IN THE SENATE OF THE UNITED STATES April 7, 2022 Ms. Cantwell (for herself and Mr. Wicker ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To designate the National Air Grant Fellowship Program as the Samya Rose Stumo National Air Grant Fellowship Program .
1. Short title This Act may be cited as the Samya Rose Stumo National Air Grant Fellowship Program Act of 2022 . 2. Samya Rose Stumo National Air Grant Fellowship Program (a) Designation (1) In general Section 131 of division V of the Consolidated Appropriations Act of 2021 ( 49 U.S.C. 40101 note) is amended— (A) in the section heading, by inserting Samya Rose Stumo before National Air Grant Fellowship Program ; (B) in the paragraph heading of subsection (a)(4), by inserting Samya Rose Stumo before National Air Grant Fellowship Program ; and (C) by inserting Samya Rose Stumo before National Air Grant Fellowship Program each place it appears. (2) Clerical amendment Section 101(b) of division V of the Consolidated Appropriations Act of 2021 ( Public Law 116–260 ) is amended by striking the item relating to section 131 and by inserting the following: Sec. 131. Samya Rose Stumo National Air Grant Fellowship Program. . (b) References On and after the date of enactment of this Act, any reference in a law, regulation, document, paper, or other record of the United States to the National Air Grant Fellowship Program shall be deemed to be a reference to the Samya Rose Stumo National Air Grant Fellowship Program . (c) Sense of Congress It is the sense of Congress that— (1) the lives of 189 passengers and crew, who died in the Lion Air Flight 610 crash on October 29, 2018, are commemorated and recognized, including, but not limited to, Captain Bhavye Suneja, First Officer Harvino, Permadi Anggrimulja, Liu Chandra, Chairul Aswan, Resti Amelia, Reni Ariyanti, Daniel Suhardja Wijaya, Mardiman, Dadang, Diah Damayanti, Dolar, Dony, Dwinanto, Eryant, Cici Ariska, Fendi Christanto, Dr. Ibnu Fajariyadi Hantoro, Inayah Fatwa Kurnia Dewi, Hendra, Hesti Nuraini, Henry Heuw, Khotijah, Jannatun Cintya Dewi, Ammad Mughni, Sudibyo Onggowardoyo, Shintia Melina, Citra Novita Anggelia Putri, Alviani Hidayatul Solikha, Damayanti Simarmata, Mery Yulyanda, Putri Yuniarsi, Putty Fatikah Rani, Tan Toni, Tami Julian, Moedjiono, Deny Maula, Michelle Vergina Bonkal, Mathew Darryl Bongkal, Adonia Magdiel Bonkal, Fiona Ayu Zen S, Agil Nugroho Septian, Wahyu Alldilla, Xherdan Fachredzi, Deryl Fida Febrianto, Bambang Rosali Usman, Nikki Bagus Santoso, Andrea Manfredi, Muhammad Luthfi Nurrandhani, Shandy Johan Ramadhan, Muchtar Rasyid, Rebiyanti, Eka Suganda, Yulia Silvianti, Syahrudin, Sekar Maulana, Fais Saleh Harharah, Natalia Setiawan, Alfiani Hidayatul Solikah, Robert Susanto, Rudolf Petrus Sayers, Muhammad Syafi, Sian Sian, Arif Yustian, Vicky Ardian, Wanto, and Verian Utama; (2) the life of Samya Rose Stumo and the lives of 156 passengers and crew who died in the Ethiopian Airlines Flight 302 crash on March 10, 2019, are commemorated and recognized, including, but not limited to, Abdishakur Shahad, Abdullahi Mohammed, Adam Kornaski, Adam Mbicha, Professor Agnes W. Gathumbi, Ahmednur Mohammed Omar, Alexandra Wachtmeister, Ama Tesfamariam, Ambassador Abiodun Oluremi Bashua, Ameen Ismail Noormohamed, Amina Ibrahim Odawaa, Amos Namanya, Angela Rehhorn, Ann Wangui Karanja, Anne Mogoi Birundu, Anne (last name unknown), Anne-Katrin Feigl, Anushka Dixit, Ashka Dixit, Kosha Vaidya, Prerit Dixit, Bennett Riffel, Benson Maina Gathu, Bernard Musembi Mutua, Captain Yared Getachew, Carolyne Karanja, Ryan Njuguna, Kerri Pauls, Rubi Pauls, Cedric Asiavugwa, Chunming Jack Wang, Cosmas Kipngetich Rogony, CP Christine Alalo, Danielle Moore, Darcy Belanger, Dawn Tanner, Djordje Vdovic, Doaa Atef Abdel Salam, Dr. Ben Ahmed Chihab, Dr. Manisha Nukavarapu, Ekta Adhikari, Elsabet Menwyelet, Father George Mukua, First Officer Ahmednur Mohammed, Ayantu Girma, Sara Gebre Michael, Carlo Spini, Gabriella Viciani, George Kabau, George Kabugi, George Kamau Thugge, Getnet Alemayehu, GaoShuang, Ghislaine De Claremont, Harina Hafitz, Siraje Hussein Abdi, Hussein Swaleh, Isaac Mwangi, Isabella Beryl Achieng Jaboma, Jackson Musoni, Jared Babu Mwazo, Mercy Ngami Ndivo, Jessica Hyba, Joanna Toole, Jonathan Seex, Jordi Dalmau Sayol, Josefin Ekermann, Joseph Kuria Waithaka, Julia Mwashi, Karim Saafi, Karoline Aadland, Kodjo Glato, Marcelino Rassul Tayob, Marie Philipp, Maria Pilar Buzzetti, Matthew Vecere, Max Thabiso Edkins, Mel Riffel, Micah John Messent, Michael Ryan, Meraf Yirgalem Areda, Juliet Otieno, Mulugeta Asfaw Shenkut, Mulusew Alemu, Mwazo, Nadia Adam Abaker Ali, Oliver Vick, Paolo Dieci, Peter DeMarsh, Professor Adesanmi, Saad Khalaf Al-Mutairi, Sam Pegram, Sara Chalachew, Sarah Auffret, Sebastiano Tusa, Shikha Garg, Sintayehu Aymeku, Sintayehu Shafi Balaker, Sofia Faisal Abdulkadir, Stéphanie Lacroix, Stella Mbicha Konarska, Tamirat Mulu Demessie, Anthony Wanjohi Ngare, United States Army Captain Antoine Lewis, Vaibhav Lahoti, Victor Tsang, Virginia Chimenit, WangHeo, Xavier Fricaudet, Yekaterina Polyakova, Alexander Polyako, Zhen Zhen Huang, ZhouYuan, Pannagesh Vaidya, Hansini Vaidya, Joseph Waithaka, Blanka Hrnko, Martin Hrnko, Michala Hrnko, Sergei Vyalikov, Suzan Mohamed Abu-Farag, Nasser Fatehy Al-Azab Douban, Asraf Mohamed Abdel Halim Al-Turkim, Abdel-Hamid Farrag Mohamed Magly, Essmat Abdel-Sattar Taha Aransa, Jin Yetao, Derick Lwugi, Reverend Sister Florence Wangari Yongi, Melvin Riffel, Mwazo Mercy Ngami, Reverend Norman Tendis, and Pius Adesanmi; (3) the life of Indonesian diver Syachrul Anto, who died during search and rescue recovery operations in the aftermath of the Lion Air Flight 610 crash, is commemorated and recognized; and (4) the Senate and the House of Representatives express their condolences to the families, friends, and loved ones of those who died on Lion Air Flight 610 and Ethiopian Airlines Flight 302 and commend their ongoing advocacy to advance aviation safety for the flying public at large. | https://www.govinfo.gov/content/pkg/BILLS-117s4070cps/xml/BILLS-117s4070cps.xml |
117-s-4071 | II 117th CONGRESS 2d Session S. 4071 IN THE SENATE OF THE UNITED STATES April 7, 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 Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes.
1. Short title This Act may be cited as the Helping Experts Accelerate Rare Treatments Act of 2022 . 2. Improving the treatment of rare diseases and conditions (a) Annual report on orphan drug program Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360aa et seq. ) is amended by adding at the end the following new section: 529B. Annual report on orphan drug program (a) In general Not later than 1 year after the date of enactment of the Helping Experts Accelerate Rare Treatments Act of 2022 , and not less frequently than annually thereafter, the Secretary shall submit to Congress a report summarizing the activities of the Food and Drug Administration related to designating drugs under section 526 for a rare disease or condition and approving such drugs under section 505 of this Act or licensing such drugs under section 351 of the Public Health Service Act, including— (1) the number of applications for such drugs under section 505 of this Act and section 351 of the Public Health Service Act received by the Food and Drug Administration, the number of such applications accepted for filing, the number of such applications rejected for filing, and the numbers of such applications pending, approved, and disapproved by the Food and Drug Administration, arrayed by the review division assigned to the application; (2) the size of the affected population in the United States of each disease or condition addressed by an application described in paragraph (1), assessed taking into consideration the documentation required by section 316.20 of title 21, Code of Federal Regulations (or any successor regulation) and other relevant information available to the Secretary; and (3) the extent of consultation with stakeholders and external experts pursuant to section 569. (b) Manner of submission The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. (c) Public availability The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration. . (b) Study on European Union safety and efficacy reviews of drugs for rare diseases and conditions (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies ) to examine and report on European Union safety and efficacy reviews of drugs for rare diseases and conditions, the use and sufficiency of existing mechanisms and tools of the Food and Drug Administration in ensuring that patient and physician perspectives are considered throughout such reviews, and opportunities to improve such reviews in the United States. (2) Content The report developed under paragraph (1) shall— (A) assess and evaluate, with respect to drugs for rare diseases and conditions— (i) any flexibilities, authorities, or mechanisms available in the European Union; (ii) consideration and use by the European Medicines Agency of supplemental data submitted during the orphan drug application review process, including data associated with open label extension studies and expanded access programs; and (iii) each formal or informal process that the Food and Drug Administration has utilized to gather external expertise on orphan drug applications, separately considering orphan drugs for diseases or conditions that affect fewer than 20,000 individuals in the United States, compared to orphan drugs for other rare diseases or conditions; and (B) provide recommendations for changes to the processes and authorities of the Food and Drug Administration to facilitate development of, and access to, orphan drugs, which may include— (i) new tools or mechanisms to improve efforts and initiatives of the Food and Drug Administration to collect and consider external expertise on orphan drug applications, separately considering treatments for diseases or conditions that affect fewer than 20,000 individuals in the United States, including with respect to processes related to application review, including structured benefit-risk assessments, advisory committee deliberations, and postapproval safety monitoring; and (ii) in the case of a need for input from external experts where there are limited clinical and research experts available with respect to a rare disease or condition, setting forth alternative processes to address or resolve any conflicts of interest that would otherwise impede inclusion of input from such external experts. (3) Input In conducting the study and developing the report under paragraph (2), the National Academies shall— (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. (4) Definitions In this subsection— (A) the term orphan drug means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb ); and (B) the term rare disease or condition has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb ). (c) Review process (1) Consultation with stakeholders Section 569(a)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–8(a)(1) ) is amended— (A) by striking at a time and inserting at any time ; (B) by striking Consistent with sections and inserting the following: (A) In general Consistent with sections ; and (C) by adding at the end the following: (B) Consultation with patients and patient groups (i) In general The Secretary may, as appropriate, consult with patients and relevant patient groups impacted by the rare disease or condition, together with at least one expert included on the list under paragraph (2)(A) and selected by such groups— (I) during the review process of an application for a new drug or biological product for a rare disease or condition or a drug or biological product that is genetically targeted; and (II) as applicable, during meetings between the Food and Drug Administration and sponsors prior to the submission of an application for a drug described in subclause (I). (ii) Conflicts of interest For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. (C) Consultation with disproportionately affected communities To the extent an application for a new drug or biological product relates to a rare disease or condition that disproportionately affects communities of color or other historically underrepresented and vulnerable populations, the Secretary is encouraged to consult with patients of that subpopulation, or one or more patient groups that represent that subpopulation. . (2) Requiring appropriate expert consultation Section 569(a)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–8(a)(2) ) is amended— (A) in subparagraph (A), by striking the second sentence; and (B) by striking subparagraph (B) and inserting the following: (B) Consultation With respect to any application under section 505 of this Act or section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition or a drug or biological product that is genetically targeted, the Secretary may, as appropriate, consult— (i) with an expert with respect to the disease or condition referenced in the application who appears on the list described in subparagraph (A); or (ii) if no such expert is available, including because of conflicts of interest, with an expert on the list described in subparagraph (A) in the science of small population studies. (C) Availability at meetings In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate— (i) include— (I) an expert in the rare disease or condition; or (II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and (ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee. . (3) Additional topic for consultation Section 569(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–8(b) ) is amended— (A) in paragraph (6), by striking ; and and inserting ; ; (B) in paragraph (7), by striking the period and inserting ; and ; and (C) by adding at the end the following: (8) the science of small population studies. . | https://www.govinfo.gov/content/pkg/BILLS-117s4071is/xml/BILLS-117s4071is.xml |
117-s-4072 | II 117th CONGRESS 2d Session S. 4072 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Whitehouse (for himself, Mr. Reed , Ms. Warren , Mr. Merkley , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Truth in Lending Act to empower the States to set the maximum annual percentage rates applicable to consumer credit transactions, and for other purposes.
1. Short title This Act may be cited as the Empowering States' Rights To Protect Consumers Act of 2022 . 2. Limits on annual percentage rates Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by adding at the end the following: 140B. Limits on Annual Percentage Rates Notwithstanding any other provision of law, the annual percentage rate applicable to any consumer credit transaction (other than a residential mortgage transaction), including any fees associated with such a transaction, may not exceed the maximum rate permitted by the laws of the State in which the consumer resides. . | https://www.govinfo.gov/content/pkg/BILLS-117s4072is/xml/BILLS-117s4072is.xml |
117-s-4073 | II 117th CONGRESS 2d Session S. 4073 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes.
1. Short title This Act may be cited as the Uyghur Policy Act of 2022 . 2. Findings Congress finds the following: (1) The Chinese Communist Party continues to repress the distinct Turkic identity of Uyghurs and members of other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region and in other areas where they have habitually resided. (2) Uyghurs, and other predominantly Muslim ethnic groups make up the majority of the indigenous population in the area that the Chinese Communist Party has designated as the Xinjiang Uyghur Autonomous Region (XUAR). Throughout their history, Uyghurs and other predominately Muslim ethnic groups have maintained a civilization that was distinct from the Chinese. For centuries, these Turkic groups were not under Chinese rule. (3) Human rights, including freedom of religion or belief, and the preservation of and respect for the Uyghurs’ unique Turkic and Islamic civilization and identity are legitimate interests of the international community. (4) The People’s Republic of China (PRC) has ratified the International Covenant on Economic, Social, and Cultural Rights, done at New York December 16, 1966, and is thereby bound by its provisions. China has also signed the International Covenant on Civil and Political Rights. Article One of both covenants state that all peoples have the right to self-determination. (5) An official campaign to encourage Chinese migration into the XUAR has placed immense pressure on those who seek to preserve the ethnic, cultural, religious, and linguistic traditions of the Uyghurs people. Chinese authorities have supported an influx of Chinese economic immigrants into the XUAR, discriminated against Uyghurs in hiring practices, and provided unequal access to healthcare services. (6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its Strike Hard against Violent Extremism campaign, in which dubious allegations of widespread extremist activity were used as justification for gross human rights violations committed against members of the Uyghur community. (8) Chinese Communist Party officials have made use of the legal system as a tool of repression, including for the imposition of arbitrary detentions and for torture against members of the Uyghur and other populations. (9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. (10) Reporting from international news organizations has found that over the past decade, family members of Uyghurs living outside of the PRC who remain in the PRC have gone missing or have been detained to force Uyghur expatriates to return to the PRC or silence their dissent. (11) Credible evidence from human rights organizations, think tanks, and journalists confirms that more than 1,000,000 Uyghurs and members of other ethnic groups have been imprisoned in extrajudicial political reeducation centers. (12) Independent accounts from former detainees of political reeducation centers describe inhumane conditions and treatment, including forced political indoctrination, torture, beatings, rape, forced sterilization, and food deprivation. Former detainees also confirmed that they were told by guards that the only way to secure release was to demonstrate sufficient political loyalty to the Chinese Communist Party. (13) Popular discourse surrounding the ongoing atrocities in the XUAR and advocacy efforts to assist Uyghurs remains muted in most Muslim majority nations around the world. (14) Both Secretary of State Antony Blinken and Former Secretary of State Michael Pompeo have stated that the Chinese Communist Party has committed genocide and crimes against humanity against Uyghurs and other ethnic and religious groups in the XUAR. (15) Government bodies of multiple nations have also declared that Chinese Communist Party atrocities against such populations in the XUAR constitute genocide, including the parliaments of the United Kingdom, Belgium, Czechia, Lithuania, the Netherlands, and Canada. 3. Statement of policy It is the policy of the United States— (1) to press for authorities in China to open the XUAR to regular, transparent, and unmanipulated visits by members of the press, Members of Congress, congressional staff delegations, and members and staff of the Congressional-Executive Commission on the People’s Republic of China and the U.S.–China Economic and Security Review Commission; (2) to strive to ensure the preservation of the distinct ethnic, cultural, religious, and linguistic identity of Uyghurs and members of other ethnic and religious groups in the XUAR; (3) to urge other nations to call for the cessation of all government-sponsored crackdowns, imprisonments, and detentions of people throughout the XUAR aimed at those involved in the peaceful expression of their ethnic, cultural, political, or religious identity; (4) to commend countries that have provided shelter and hospitality to Uyghurs in exile, including Turkey, Albania, and Germany; and (5) to urge countries with sizeable Muslim populations, given commonalities in their religious and cultural identities, to demonstrate concern over the plight of Uyghurs. 4. Public diplomacy in the Islamic world with respect to the Uyghur situation (a) In general The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. (b) Consultation requirement The Assistant Secretary of State for Educational and Cultural Affairs shall consult with representatives of the global Uyghur community when selecting participants for the activity described in subsection (a). (c) Media activities The Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media should facilitate the unhindered dissemination of information to Muslim-majority countries about issues regarding the human rights and religious freedom of Uyghurs and members of other groups in the XUAR. 5. Strategy to increase access to detention facilities and prisons and secure the release of prisoners (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to Congress a strategy to support and secure the release of political prisoners detained in the PRC. (b) Elements The strategy required under subsection (a) shall include— (1) a detailed description of how the United States Government can pressure the PRC to immediately close all detention facilities and political reeducation camps housing Uyghurs and members of other ethnic minority groups in the XUAR; (2) a detailed assessment of how the United States can leverage its contributions to the United Nations to support the United Nations Commissioner for Human Rights and numerous United Nations Special Rapporteurs’ urgent calls for immediate and unhindered access to detention facilities and political reeducation camps in the XUAR by independent international organizations and the Office of the United Nations High Commissioner for Human Rights for a comprehensive assessment of the human rights situation; (3) a detailed description of how the United States Government will work with other like-minded countries to pressure the PRC to immediately stop the genocide of Uyghurs and other ethnic groups in the XUAR; and (4) a detailed plan for how United States Government officials can use meetings with representatives of the Chinese Communist Party to demand the immediate and unconditional release of all prisoners detained for their ethnic, cultural, religious, and linguistic identities, or for expressing their political or religious beliefs in the XUAR. (c) Form The strategy required under subsection (a) shall be submitted in unclassified form. 6. Requirement for Uyghur language training The Secretary of State shall ensure that— (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur-speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 )) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations. 7. Uyghur considerations at the United Nations The Secretary of State and the United States Permanent Representative to the United Nations shall use the voice, vote, and influence of the United States at the United Nations— (1) to oppose any efforts— (A) to prevent consideration of the issues related to the XUAR in any body of the United Nations; and (B) to prevent the participation of any Uyghur human rights advocates in nongovernmental fora hosted by or otherwise organized under the auspices of any body of the United Nations; and (2) to support the appointment of a special rapporteur or working group for the XUAR for the purposes of— (A) monitoring human rights violations and abuses in the XUAR; and (B) making reports available to the High Commissioner for Refugees, the High Commissioner for Human Rights, the General Assembly, and other United Nations bodies. | https://www.govinfo.gov/content/pkg/BILLS-117s4073is/xml/BILLS-117s4073is.xml |
117-s-4074 | II 117th CONGRESS 2d Session S. 4074 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Cornyn (for himself, Mr. Booker , Mr. Portman , Mr. Coons , Mr. Graham , and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prevent future pandemics, and for other purposes.
1. Short title This Act may be cited as the Preventing Future Pandemics Act of 2022 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) Commercial trade in live wildlife The term commercial trade in live wildlife — (A) means commercial trade in live wildlife for human consumption as food or medicine, whether the animals originated in the wild or in a captive environment; and (B) does not include— (i) fish; (ii) invertebrates; (iii) amphibians and reptiles; and (iv) the meat of ruminant game species— (I) traded in markets in countries with effective implementation and enforcement of scientifically based, nationally implemented policies and legislation for processing, trans-port, trade, and marketing; and (II) sold after being slaughtered and processed under sanitary conditions. (3) One health The term One Health means a collaborative, multi-sectoral, and transdisciplinary approach working at the local, regional, national, and global levels with the goal of achieving optimal health outcomes that recognizes the interconnection between— (A) people, animals, both wild and domestic, and plants; and (B) the environment shared by such people, animals, and plants. (4) Wildlife market The term wildlife market — (A) means a commercial market or subsection of a commercial market— (i) where live mammalian or avian wildlife is held, slaughtered, or sold for human consumption as food or medicine whether the animals originated in the wild or in a captive environment; and (ii) that delivers a product in communities where alternative nutritional or protein sources are readily available and affordable; and (B) does not include— (i) markets in areas where no other practical alternative sources of protein or meat exists, such as wildlife markets in rural areas on which indigenous people and rural local communities rely to feed them-selves and their families; and (ii) processors of dead wild game and fish. 3. Country-driven approach to end the commercial trade in live wildlife and associated wildlife markets (a) In general Not later than 120 days after the completion of the first report required under section 6, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, including the Centers for Disease Control and Prevention, the Secretary of Agriculture, and the Secretary of the Interior, and after consideration of the results of best available scientific findings of practices and behaviors occurring at the source of zoonoses spillover and spread, shall publicly release a list of countries the governments of which express willingness to end the domestic and international commercial trade in live wildlife and associated wildlife markets for human consumption, as defined for purposes of this Act— (1) immediately; (2) after a transitional period; and (3) aspirationally, over a long-term period. (b) Global health security zoonosis plans The Secretary of State and the Administrator of the United States Agency for International Development shall work bilaterally with the governments of the countries listed pursuant to subsection (a) to establish Global Health Security Zoonoses Plans that— (1) outline actions to address novel pathogens of zoonotic origin that have the potential to become epidemics or pandemics; (2) identify incentives and strengthened policies; and (3) provide technical support to communities, policy makers, civil society, law enforcement, and other stakeholders to— (A) end the domestic and international commercial trade in live wildlife and associated wildlife markets for human consumption immediately, during a transitional period, or aspirationally; and (B) improve the biosecurity and sanitation conditions in markets. (c) Updates The list of countries required by subsection (a), the corresponding Global Health Security Zoonosis plans established pursuant to subsection (b), and any actions taken under such plans to end the commercial trade in live wildlife and associated wildlife markets for human consumption immediately, during a transitional period, or aspirationally, shall be reviewed, updated, and publicly released annually by the Secretary and Administrator, following review of the most recent scientific data. 4. Sense of Congress It is the sense of Congress that global institutions, including the Food and Agriculture Organization of the United Nations, the World Organisation for Animal Health, the World Health Organization, and the United Nations Environment Programme, together with leading intergovernmental and nongovernmental organizations, veterinary and medical colleges, the Department of State, and the United States Agency for International Development, should— (1) promote the paradigm of One Health as an effective and integrated way to address the complexity of emerging disease threats; and (2) support improved community health, biodiversity conservation, forest conservation and management, sustainable agriculture, and the safety of livestock, domestic animals, and wildlife in developing countries, particularly in tropical landscapes where there is an elevated risk of zoonotic disease spill over. 5. Statement of policy It is the policy of the United States to— (1) support the availability of scalable and sustainable alternative sources of protein and nutrition for local communities, where appropriate, in order to minimize human reliance on the commercial trade in live wildlife for human consumption; (2) support foreign governments to— (A) reduce commercial trade in live wildlife for human consumption; (B) transition from the commercial trade in live wildlife for human consumption to sustainably produced alternate protein and nutritional sources; (C) establish and effectively manage and protect natural habitat, including protected and conserved areas and the lands of Indigenous peoples and local communities, particularly in countries with tropical forest hotspots for emerging diseases; (D) strengthen veterinary and agricultural extension capacity to improve sanitation along the value chain and biosecurity of live animal markets; and (E) strengthen public health capacity, particularly in countries where there is a high risk of emerging zoonotic viruses and other infectious diseases; (3) respect the rights and needs of indigenous peoples and local communities dependent on such wildlife for nutritional needs and food security; and (4) facilitate international cooperation by working with international partners through intergovernmental, international, and nongovernmental organizations such as the United Nations to— (A) lead a resolution at the United Nations Security Council or General Assembly and World Health Assembly outlining the danger to human and animal health from emerging zoonotic infectious diseases, with recommendations for implementing the closure of wildlife markets and prevention of the commercial trade in live wildlife for human consumption, except where the consumption of wildlife is necessary for local food security or where such actions would significantly disrupt a readily available and irreplaceable food supply; (B) raise awareness and build stakeholder engagement networks, including civil society, the private sector, and local and regional governments on the dangerous potential of wildlife markets as a source of zoonotic diseases and reduce demand for the consumption of wildlife through evidence-based behavior change programs, while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process; (C) encourage and support alternative forms of sustainable food production, farming, and shifts to sustainable sources of protein and nutrition instead of terrestrial wildlife, where able and appropriate, and reduce consumer demand for terrestrial and freshwater wildlife through enhanced local and national food systems, especially in areas where wildlife markets play a significant role in meeting subsistence needs while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process; and (D) strive to increase biosecurity and hygienic standards implemented in farms, gathering centers, transport, and market systems around the globe, especially those specializing in the provision of products intended for human consumption. 6. Prevention of future zoonotic spillover event (a) In general The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary of Agriculture, the Director of the Centers for Disease Control and Prevention, and the heads of other relevant departments and agencies, shall work with foreign governments, multilateral entities, intergovernmental organizations, international partners, private sector partners, and nongovernmental organizations to carry out activities supporting the following objectives, recognizing that multiple interventions will likely be necessary to make an impact, and that interventions will need to be tailored to the situation to— (1) pursuant to section 3, close wildlife markets and prevent associated commercial trade in live wildlife, placing a priority focus on countries with significant markets for live wildlife for human consumption, high-volume commercial trade and associated markets, trade in and across urban centers, and trade for luxury consumption or where there is no dietary necessity— (A) through existing treaties, conventions, and agreements; (B) by amending existing protocols or agreements; (C) by pursuing new protocols; or (D) by other means of international coordination; (2) improve regulatory oversight and reduce commercial trade in live wildlife and eliminate practices identified to contribute to zoonotic spillover and emerging pathogens; (3) prevent commercial trade in live wildlife through programs that combat wildlife trafficking and poaching, including— (A) providing assistance to improve law enforcement; (B) detecting and deterring the illegal import, transit, sale, and export of wildlife; (C) strengthening such programs to assist countries through legal reform; (D) improving information sharing and enhancing capabilities of participating foreign governments; (E) supporting efforts to change behavior and reduce demand for such wildlife products; (F) leveraging United States private sector technologies and expertise to scale and enhance enforcement responses to detect and prevent such trade; and (G) strengthening collaboration with key private sector entities in the transportation industry to prevent and report the transport of such wildlife and wildlife products; (4) leverage strong United States bilateral relationships to support new and existing inter-Ministerial collaborations or Task Forces that can serve as regional One Health models; (5) build local agricultural and food safety capacity by leveraging expertise from the United States Department of Agriculture (USDA) and institutions of higher education with agricultural or natural resource expertise; (6) work through international organizations to help develop a set of objective risk-based metrics that provide a cross-country comparable measure of the level of risk posed by wildlife trade and marketing and can be used to track progress nations make in reducing risks, identify where resources should be focused, and potentially leverage a peer influence effect; (7) increase efforts to prevent the degradation and fragmentation of forests and other intact ecosystems to minimize interactions between wildlife and human and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies to, for example— (A) conserve, protect, and restore the integrity of such ecosystems; (B) support the rights and needs of Indigenous People and local communities and their ability to continue their effective stewardship of their traditional lands and territories; (C) support the establishment and effective management of protected areas, prioritizing highly intact areas; and (D) prevent activities that result in the destruction, degradation, fragmentation, or conversion of intact forests and other intact ecosystems and biodiversity strongholds, including by governments, private sector entities, and multilateral development financial institutions; (8) offer appropriate alternative livelihood and worker training programs and enterprise development to wildlife traders, wildlife breeders, and local communities whose members are engaged in the commercial trade in live wildlife for human consumption; (9) ensure that the rights of indigenous peoples and local communities are respected and their authority to exercise these rights is protected; (10) strengthen global capacity for prevention, prediction, and detection of novel and existing zoonoses with pandemic potential, including the support of innovative technologies in coordination with the United States Agency for International Development, the Centers for Disease Control and Prevention, and other relevant departments and agencies; and (11) support the development of One Health systems at the local, regional, national, and global levels in coordination with the United States Agency for International Development, the Centers for Disease Control and Prevention, and other relevant departments and agencies, particularly in emerging infectious disease hotspots, through a collaborative, multisectoral, and transdisciplinary approach that recognizes the interconnections among people, animals, plants, and their shared environment to achieve equitable and sustainable health outcomes. (b) Activities may include (1) Global cooperation The United States Government, working through the United Nations and its components, as well as international organization such as Interpol, the Food and Agriculture Organization of the United Nations, and the World Organisation for Animal Health, and in furtherance of the policies described in section 5, shall— (A) collaborate with other member States, issue declarations, statements, and communiques urging countries to close wildlife markets, and prevent commercial trade in live wildlife for human consumption; and (B) urge increased enforcement of existing laws to end wildlife trafficking. (2) International coalitions The Secretary of State shall seek to build new, and support existing, international coalitions focused on closing wildlife markets and preventing commercial trade in live wildlife for human consumption, with a focus on the following efforts: (A) Providing assistance and advice to other governments in the adoption of legislation and regulations to close wildlife markets and associated trade over such timeframe and in such manner as to minimize the increase of wildlife trafficking and poaching. (B) Creating economic and enforcement pressure for the immediate shut down of uncontrolled, unsanitary, or illicit wildlife markets and their supply chains to prevent their operation. (C) Providing assistance and guidance to other governments on measures to prohibit the import, export, and domestic commercial trade in live wildlife for the purpose of human consumption. (D) Implementing risk reduction interventions and control options to address zoonotic spillover along the supply chain for the wildlife market system. (E) Engaging and receiving guidance from key stakeholders at the ministerial, local government, and civil society level, including Indigenous Peoples, in countries that will be impacted by this Act and where wildlife markets and associated wildlife trade are the predominant source of meat or protein, in order to mitigate the impact of any international efforts on food security, nutrition, local customs, conservation methods, or cultural norms. (c) United States Agency for International Development (1) Sustainable food systems funding (A) Authorization of appropriations In addition to any other amounts provided for such purposes, there is authorized to be appropriated such sums as necessary for each of fiscal years 2023 through 2032 to the United States Agency for International Development to reduce demand for consumption of wildlife from wildlife markets and support shifts to diversified alternative and sustainably produced sources of nutritious food and protein in communities that rely upon the consumption of wildlife for food security, while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process, using a multisectoral approach and including support for demonstration programs. (B) Activities The Bureau for Development, Democracy and Innovation (DDI), the Bureau for Resilience and Food Security (RFS), and the Bureau for Global Health (GH) of the United States Agency for International Development shall, in partnership with United States and international institutions of higher education and nongovernmental organizations, co-develop approaches focused on safe, sustainable food systems that support and incentivize the replacement of terrestrial wildlife in diets, while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process. (2) Addressing threats and causes of zoonotic disease outbreaks The Administrator of the United States Agency for International Development, in consultation with the Secretary of the Interior, shall increase activities in United States Agency for International Development programs related to conserving biodiversity, combating wildlife trafficking, sustainable landscapes, global health, food security, and resilience in order to address the threats and causes of zoonotic disease outbreaks, including through— (A) education; (B) capacity building; (C) strengthening human, livestock, and wildlife health monitoring systems of pathogens of zoonotic origin to support early detection and reporting of novel and known pathogens for emergence of zoonotic disease and strengthening cross-sectoral collaboration to align risk reduction approaches in consultation with the Director of the Centers for Disease Control and the Secretary of Health and Human Services; (D) improved domestic and wild animal disease monitoring and control at production and market levels; (E) development of alternative livelihood opportunities where possible; (F) preventing degradation and fragmentation of forests and other intact ecosystems and restoring the integrity of such ecosystems, particularly in tropical countries, to prevent the creation of new pathways for zoonotic pathogen transmission that arise from interactions among wildlife, humans, and livestock populations; (G) minimizing interactions between domestic livestock and wild animals in markets and captive production; (H) supporting shifts from wildlife markets to diversified, safe, affordable, and accessible alternative sources of protein and nutrition through enhanced local and national food systems while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process; (I) improving community health, forest management practices, and safety of livestock production in tropical landscapes, particularly in hotspots for zoonotic spillover and emerging infectious diseases; (J) preventing degradation and fragmentation of forests and other intact ecosystems, particularly in tropical countries, to minimize interactions between wildlife, human, and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies to— (i) conserve, protect, and restore the integrity of such ecosystems; and (ii) support the rights of Indigenous People and local communities and their ability to continue their effective steward ship of their intact traditional lands and territories; (K) supporting development and use of multi-data sourced predictive models and decisionmaking tools to identify areas of highest probability of zoonotic spillover and to determine cost-effective monitoring and mitigation approaches; and (L) other relevant activities described in this section that are within the mandate of the United States Agency for International Development. (d) Staffing requirements The Administrator of the United States Agency for International Development, in collaboration with the United States Fish and Wildlife Service, the United States Department of Agriculture Animal and Plant Health Inspection Service, the Centers for Disease Control and Prevention, and other Federal entities as appropriate, is authorized to hire additional personnel— (1) to undertake programs aimed at reducing the risks of endemic and emerging infectious diseases and exposure to antimicrobial resistant pathogens; (2) to provide administrative support and resources to ensure effective and efficient coordination of funding opportunities and sharing of expertise from relevant United States Agency for International Development bureaus and programs, including emerging pandemic threats; (3) to award funding to on-the-ground projects; (4) to provide project oversight to ensure accountability and transparency in all phases of the award process; and (5) to undertake additional activities under this Act. (e) Reporting requirements (1) Department of State and United States Agency for International Development (A) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter until 2030, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report— (i) describing— (I) the actions taken pursuant to this Act and the provision of United States technical assistance; (II) the impact and effectiveness of international cooperation on shutting down wildlife markets; (III) partnerships developed with other institutions of higher learning and nongovernmental organizations; and (IV) the impact and effectiveness of international cooperation on preventing the import, export, and domestic commercial trade in live wildlife for the purpose of human use as food or medicine, while accounting for the differentiated needs of vulnerable populations who depend upon such wildlife as a predominant source of meat or protein; (ii) identifying— (I) foreign countries that continue to enable the operation of wildlife markets as defined by this Act and the associated trade of wildlife products for human use as food or medicine that feeds such markets; (II) recommendations for incentivizing or enforcing compliance with laws and policies to close wildlife markets pursuant to section 3 and uncontrolled, unsanitary, or illicit wildlife markets and end the associated commercial trade in live wildlife for human use as food or medicine, which may include visa restrictions and other diplomatic or economic tools; and (III) summarizing additional personnel hired with funding authorized under this Act, including the number hired in each bureau. (B) Initial report The first report submitted under subparagraph (A) shall include, in addition to the elements described in such subparagraph, a summary of existing research and findings related to the risk live wildlife markets pose to human health through the emergence or reemergence of pathogens and activities to reduce the risk of zoonotic spillover. (C) Form The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex. 7. Law enforcement attache deployment (a) In general The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, and in consultation with the Secretary of State, shall require the Chief of Law Enforcement of the United States Fish and Wildlife Service to hire, train, and deploy not fewer than 50 new United States Fish and Wildlife Service law enforcement attaches, and appropriate additional support staff, at 1 or more United States embassies, consulates, commands, or other facilities— (1) in 1 or more countries designated as a focus country or a country of concern in the most recent report submitted under section 201 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 ( 16 U.S.C. 7621 ); and (2) in such additional countries or regions, as determined by the Secretary of the Interior, that are known or suspected to be a source of illegal trade of species listed— (A) as a threatened species or an endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (B) under appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249). (b) Authorization of appropriations There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2032. 8. Reservation of rights Nothing in this Act shall restrict or otherwise prohibit— (1) legal and regulated hunting, fishing, or trapping activities for subsistence, sport, or recreation; or (2) the lawful domestic and international transport of legally harvested fish or wildlife trophies. | https://www.govinfo.gov/content/pkg/BILLS-117s4074is/xml/BILLS-117s4074is.xml |
117-s-4075 | II 117th CONGRESS 2d Session S. 4075 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Whitehouse (for himself, Mr. Cassidy , Ms. Warren , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prevent money laundering, the financing of terrorism, or other forms of illicit finance through United States real estate and vehicle transactions, including by Russian oligarchs, and for other purposes.
1. Short title This Act may be cited as the Kleptocrat Liability for Excessive Property Transactions and Ownership Act or the KLEPTO Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Aviation Administration. (2) Bank Secrecy Act The term Bank Secrecy Act means— (A) section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ); (B) chapter 2 of title I of Public Law 91–508 ( 12 U.S.C. 1951 et seq. ); and (C) subchapter II of chapter 53 of title 31, United States Code. (3) Beneficial owner The term beneficial owner has the meaning given the term in section 5336(a) of title 31, United States Code. (4) Covered entity The term covered entity means a non-natural person, association, or arrangement, including any trust, partnership, foundation, corporation, limited liability company, or other public or private entity. (5) Director The term Director means the Director of FinCEN. (6) FinCEN The term FinCEN means the Financial Crimes Enforcement Network of the Department of the Treasury. (7) Foreign person The term foreign person means an individual who is not— (A) a United States person; or (B) an alien lawfully admitted for permanent residence into the United States. (8) Real estate professional The term real estate professional — (A) means a person described in section 5312(a)(2)(U) of title 31, United States Code; and (B) may include a loan broker, lender, title insurance company, title insurance agent, escrow agent, developer, investment company, investment adviser, real estate investment trust, real estate agent, attorney, law firm, or other financial, real estate, or legal professional. (9) Secretary The term Secretary means the Secretary of the Treasury. (10) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other commonwealth, territory, or possession of the United States. (11) United States person The term United States person means a natural person who is a citizen of the United States or who owes permanent allegiance to the United States. 3. Anti-money laundering safeguards for real estate transactions (a) Rulemaking Not later than 1 year after the date of enactment of this Act, in conjunction with the authority under section 5318(a)(2) of title 31, United States Code, the Director shall issue a final rule to guard against money laundering, the financing of terrorism, or other forms of illicit finance through commercial and residential real estate transactions under the Bank Secrecy Act, including by— (1) requiring real estate professionals to collect and report to the Director beneficial ownership information for each commercial and residential real estate transaction involving real estate located in a State and involving a buyer or seller that is a covered entity, regardless of the transfer price; (2) in collecting and reporting the information under paragraph (1), defining commercial or residential real estate transactions to include direct and indirect transfers of real estate, including through the direct or indirect transfer of the ownership or control of a covered entity that directly or indirectly owns or controls the real estate that is the subject of the transaction; (3) establishing a system to determine which real estate professionals must collect and report the information under paragraph (1); (4) requiring the Director to validate the information reported under paragraph (1); (5) requiring real estate professionals reporting information under paragraph (1) to take reasonable measures to verify the accuracy of the information reported under this subsection; and (6) using the definition of beneficial owner in section 5336(a) of title 31, United States Code. (b) Report Not later than 360 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on how digital ledger technology can be implemented to create a tamper-proof permanent record of direct and indirect transfers of real estate, including through direct or indirect transfer of ownership or control of a covered entity that directly or indirectly owns or controls the real estate that is subject to the transaction. (c) Anti-Money laundering requirements for real estate professionals In the rule required under subsection (a), the Director shall require the 1 or more real estate professionals determined under subsection (a)(3) to— (1) report suspicious transactions under section 5318(g)(1) of title 31, United States Code; (2) establish anti-money laundering programs under section 5318(h) of title 31, United States Code; (3) establish customer due diligence policies, procedures, and controls under section 5318(i) of title 31, United States Code; and (4) establish written procedures reasonably designed to identify and verify under section 5318(l) of title 31, United States Code, the identity of customers, including the beneficial owners of any covered entity, involved in commercial and residential real estate transactions. 4. Real estate pilot program (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall pilot a comprehensive e-governance framework for the transparency of commercial and residential real estate sales and purchases in the United States, which shall— (1) designate a pilot locale for the implementation of the pilot program after obtaining the consent of the relevant State; and (2) design a cloud-based distributed ledger for real estate in the pilot locale, which shall— (A) consist of a cloud-based network for digital governance that— (i) provides real-time integrated information to users, which may include individuals, entities, and governments; and (ii) allows users to conduct economic and other activity through an internet website or mobile application; (B) be designed to minimize corruption and maximize transparency for persons engaged in real estate transactions, investment, assistance, and any other activities under section 3; and (C) include the integration with other systems required under subsection (b) and the capabilities described in subsection (c). (b) Integration with other systems The Secretary shall design the framework established under subsection (a) to be capable of integration with— (1) the Bank Secretary Act databases maintained by FinCEN, including— (A) the beneficial ownership information collected by FinCEN under Geographic Targeting Orders; (B) the directory of beneficial ownership information collected under section 5336 of title 31, United States Code; and (C) any other Bank Secrecy Act database as determined by the Director; (2) the sanctions lists maintained by the Department of the Treasury’s Office of Foreign Assets Control; (3) the information exchanging systems of the Egmont Group of Financial Intelligence Units; (4) the digital business registry databases of other countries; (5) the real estate registries of States and political subdivisions of States; (6) the beneficial ownership information collected under section 3(a); and (7) any other system as determined by the Secretary. (c) Other requirements (1) Open source The Secretary shall ensure that the code used for the framework established under subsection (a) is open source and capable of being audited. (2) Multi-lingual functionality The Secretary shall ensure that the framework established under subsection (a) is functional in— (A) English, Spanish, French, and Portuguese; and (B) any other language as determined by the Secretary. (3) Standards The Secretary shall include in the framework established under subsection (a) standards for entities seeking to create their own e-governance systems. 5. Certification of aircraft registration (a) In general Before approving a certificate of registration issued under section 44103 of title 49, United States Code, with a covered entity, the Administrator of the Federal Aviation Administration shall require the covered entity to— (1) identify each beneficial owner of the covered entity by— (A) name; (B) current residential or business street address; (C) a unique identifying number from a nonexpired passport issued by the United States or a nonexpired drivers license issued by a State or if neither is available, a legible and credible copy of the pages of a nonexpired passport issued by the government of a foreign country bearing a photograph, date of birth, and unique identifying information for the person; (D) nationality; and (E) the make, model, and serial number of the aircraft to be registered; (2) in the case of a covered entity that is owned or controlled by more than 1 entity— (A) identify how each entity relates to every other entity, including— (i) the extent to which each entity holds an ownership interest in or exercises control over another entity; and (ii) the relationship of each such entity with the beneficial owners who are natural persons; and (B) identify each trust grantor, trustee, trust protector, and beneficiary of the covered entity that is a foreign person; (3) in the case of a trust or association, identify the chain of control within the trust or association, including with respect to the beneficial owners, any trust grantor, trustee, trust protector, and beneficiary, and any association director, officer, or manager; and (4) disclose to the Administrator any beneficial owner of the covered entity that is a foreign person. (b) Timing (1) In general The Administrator shall require a covered entity to provide the information described in subsection (a) when submitting an application for aircraft certification. (2) Existing registrants For a covered entity that submitted an application for aircraft certification prior to enactment of this Act, the Administrator shall require the covered entity to provide the information described in subsection (a) in a new submission to the Administrator not later than 180 days after the date of enactment of this Act. (3) Updates The Administrator shall require a covered entity to update a submission of the information described in subsection (a) not later than 60 days after the date of any change in— (A) the list of beneficial owners of the covered entity; or (B) the information required to be provided relating to each such beneficial owner. 6. Anti-money laundering requirements for businesses engaged in vehicle sales Not later than 1 year after the date of enactment of this Act, in conjunction with the authority under section 5318(a)(2) of title 31, United States Code, the Secretary shall issue a final rule that requires all businesses described in section 5312(a)(2)(T) of title 31, United States Code, 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 customer due diligence policies, procedures, and controls under section 5318(i) of title 31, United States Code; and (4) establishing written procedures reasonably designed to identify and verify under section 5318(l) of title 31, United States Code, the identity of customers, including the beneficial owners of any covered entity, involved in a vehicle sale. 7. Beneficial ownership directory If an entity formed under the law of a foreign country takes ownership or control of real estate located within the United States through a real estate transaction carried out by a real estate professional subject to this Act, and if that entity would have qualified as a reporting company under section 5336(a)(11)(A)(ii) of title 31, United States Code, except that a State exempted the entity from a State registration requirement because the only business of the entity within the State is to purchase or hold real estate within a State, that entity shall nevertheless be deemed a reporting company under section 5336(a)(11)(A)(ii) of such title and shall file the reports required under section 5336(b) of such title. 8. Applicability This Act and the rules issued under this Act shall apply to beneficial owners of covered entities regardless of whether the covered entity is a reporting company, as defined in section 5336(a) of title 31, United States Code. 9. Program cost estimation Not later than 120 days after the date of enactment of this Act, the Secretary and the Administrator shall each submit to Congress a cost estimate for implementing this Act. 10. Effective date The effective date of each rule issued under this Act shall be 1 year after the date on which the final rule is issued. | https://www.govinfo.gov/content/pkg/BILLS-117s4075is/xml/BILLS-117s4075is.xml |
117-s-4076 | II 117th CONGRESS 2d Session S. 4076 IN THE SENATE OF THE UNITED STATES April 25, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To protect firefighters from exposure to per- and polyfluoroalkyl substances.
1. Short title This Act may be cited as the PFAS Firefighter Protection Act . 2. Prohibition on firefighting foam containing PFAS (a) Prohibition Beginning on the date that is 2 years after the date of enactment of this Act, no person may manufacture, import, process, or distribute in commerce any aqueous film forming foam for use in training and firefighting that contains a per- or polyfluoroalkyl substance. (b) Violations A violation of subsection (a) shall be considered to be a violation of section 15(1) of the Toxic Substances Control Act ( 15 U.S.C. 2614(1) ). 3. Deadline to prohibit aqueous film forming foam (AFFF) use at airports Section 332 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44706 note) is amended by adding at the end the following: (c) Prohibition Not later than October 5, 2024, the Administrator, using the latest version of National Fire Protection Association 403, Standard for Aircraft Rescue and Fire-Fighting Services at Airports , shall prohibit the use of fluorinated chemicals in firefighting foam at airports. . | https://www.govinfo.gov/content/pkg/BILLS-117s4076is/xml/BILLS-117s4076is.xml |
117-s-4077 | II 117th CONGRESS 2d Session S. 4077 IN THE SENATE OF THE UNITED STATES April 25, 2022 Ms. Cortez Masto (for herself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To reauthorize programs of the Economic Development Administration, and for other purposes.
1. Short title This Act may be cited as the Increasing our Nation's Value through Economic Support and Tourism in Our Communities Act or the INVEST in Our Communities Act . 2. Administration (a) In general Section 501 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3191 ) is amended by striking Assistant Secretary each place it appears and inserting Under Secretary . (b) Transition The individual serving as the Assistant Secretary of Commerce for Economic Development on the day before the date of enactment of this Act shall be deemed to have been confirmed as the Under Secretary of Commerce for Economic Development. (c) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Assistant Secretary of Commerce for Economic Development shall be deemed to be a reference to the Under Secretary of Commerce for Economic Development. 3. Definition of eligible recipient Section 3(4) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122(4) is amended by adding at the end the following: (C) Capacity building grants and HOST grants In the case of grants under sections 208 and 219, the term eligible recipient also includes a tribal organization and a Native Hawaiian organization (as those terms are defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )). . 4. Increase in Federal share for Tribal organizations and Native Hawaiian organizations Section 204(c)(1) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c)(1) ) is amended— (1) in the paragraph heading, by inserting , Tribal organizations, or Native Hawaiian organizations after tribes ; and (2) by inserting , a tribal organization (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), or a Native Hawaiian organization (as defined in that section) after Indian tribe . 5. Capacity building grant program (a) In general Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by inserting after section 207 the following: 208. Capacity building grant program (a) Definition of predevelopment activity In this section, the term predevelopment activity means an activity carried out before a project can proceed to the execution stage or the eligible recipient can secure financing and partners. (b) Establishment The Secretary shall establish a program to provide to eligible recipients assistance for predevelopment activities. (c) Use of funds An eligible recipient may use funds from a grant under this section— (1) to carry out certain predevelopment activities, including— (A) planning and community asset mapping; (B) training; (C) technical assistance and organizational development; (D) feasibility and market studies; (E) demonstration projects; (F) organizational capacity building; (G) organizing and facilitating convenings; and (H) other predevelopment activities, as determined appropriate by the Secretary; and (2) to hire and obtain qualified economic development professionals and services for a 3-year period to develop and carry out a comprehensive economic development strategy, an economic development strategic plan, or other predevelopment activities. (d) Applications To be eligible for a grant under this section, an eligible recipient shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a specific plan— (1) on how the eligible recipient will carry out predevelopment activities using grant funds; and (2) for the continuation of the position created or services obtained as a result of the grant after the end of the 3-year term, if applicable. (e) Waiver of attorney's and consultant's fee prohibition In the case of a project under this section that is carried out using grant funds by 1 or more eligible recipients with low organizational capacity, in the determination of the Secretary, the Secretary may waive the prohibition described in section 213. . (b) Additional eligibility (1) Grants for public works and economic development Section 201(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141(a) ) is amended— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) predevelopment activities (as defined in section 208(a)). . (2) Grants for economic adjustment Section 209(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(a) ) is amended by inserting predevelopment activities (as defined in section 208(a)), after training, . (3) Conforming amendment Section 302(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3162(a) ) is amended in the matter preceding paragraph (1) by inserting and predevelopment activities (as defined in section 208(a)) under section 201 or 209 after section 209 . (c) Increase in Federal share Section 204(c)(3) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c)(3) ) is amended— (1) in the paragraph heading, by inserting and capacity building after technical assistance ; and (2) by striking section 207 and inserting sections 207 and 208 . (d) Direct expenditure or redistribution by recipient Section 217(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3154c(a) ) is amended by striking or 207 and inserting 207, or 208 . (e) Powers of the Secretary Section 601(a)(12) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3211(a)(12) ) is amended by striking section 207 and inserting sections 207 and 208 . (f) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1761) is amended by inserting after the item relating to section 207 the following: Sec. 208. Capacity building grant program. . 6. Grants for planning and grants for administrative expenses (a) Administrative expenses Section 203 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3143 ) is amended by adding at the end the following: (e) Administrative expenses Administrative expenses described in subsection (a) shall include expenses relating to— (1) carrying out the planning process described in subsection (b); and (2) hiring professional staff to assist communities or organizations in— (A) implementing projects and priorities included in— (i) a comprehensive economic development strategy; or (ii) an economic development planning grant; (B) identifying and using other Federal, State, and Tribal economic development programs; (C) leveraging private and philanthropic investment; (D) preparing disaster coordination and preparation plans; (E) collaborating with trade adjustment assistance centers, Hollings Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, Business Centers and Rural Business Centers of the Minority Business Development Agency, and other relevant Federal economic development technical assistance and service providers to promote domestic manufacturing; and (F) carrying out economic development activities in accordance with professional economic development best practices. . (b) Increase in Federal share Section 204(c) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c) ) is amended by adding at the end the following: (4) Grants for planning and grants for administrative expenses In the case of a grant provided under section 203, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 80 percent of the cost of the project. . 7. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants (a) In general Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 219. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants (a) Definitions In this section: (1) Outdoor recreation The term outdoor recreation means all recreational activities, and the economic drivers of those activities, such as businesses and local economic efforts, undertaken for pleasure that— (A) generally involve some level of intentional physical exertion; and (B) occur in nature-based environments outdoors. (2) Tourism, hospitality, or special event activity The term tourism, hospitality, or special event activity means any economic activity that primarily serves to encourage recreational or business travel within the United States or from abroad, including tourist attractions, business and recreational conventions, large entertainment events and venues, and promotion or organization of any such activity. (b) Establishment The Secretary shall establish a program to provide grants to eligible recipients to support outdoor recreation, travel, and tourism, hospitality, or special event activities to spur economic development. (c) Goals A project carried out with a grant under this section shall be carried out for the goal of— (1) in the case of an infrastructure project— (A) leading to long-term increases in tourist activity in a region, including in communities adjacent to National Park System units, State parks, national marine sanctuaries, National Heritage Areas, Tribal parks, or other natural destinations; and (B) using nature-based infrastructure projects and other projects intended to enhance public access to outdoor recreation opportunities; and (2) in the case of other projects as determined appropriate by the Secretary, supporting the outdoor recreation, travel, tourism, hospitality, and special event industries, in a manner consistent with the National Travel and Tourism Strategy or as recommended by the United States Travel and Tourism Advisory Board, if any. (d) Eligible uses (1) In general A grant under this section may be used— (A) to pay costs associated with obtaining State, Tribal, county, city, community, or regional tourism marketing and promotion campaigns, including through nonprofit or quasigovernmental Destination Marketing Organizations (DMOs); (B) to carry out workforce training, recruitment, and research programs that support the outdoor recreation, travel, tourism, hospitality, and special event industries to improve the skills of, and job opportunities for, workers in those industries, including through a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ), and other work and learn models; (C) for short-term and long-term economic development planning and coordination for the purpose of responding to the effects of the COVID–19 pandemic on the regional outdoor recreation, travel, tourism, hospitality, and special event industries; (D) to carry out technical assistance projects, including for small business concerns, entrepreneurs, and small and rural communities, to assist regional economies in— (i) the recovery from, and response to, damage to the outdoor recreation, travel, tourism, hospitality, and special event industries as a result of the COVID–19 pandemic; and (ii) future development of the outdoor recreation, travel, tourism, hospitality, and special event industries; (E) to establish local programs to provide assistance to small business concerns in the outdoor recreation, travel, tourism, hospitality, or special events industries— (i) for development; (ii) to recover from the impacts of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) or a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or (iii) for expansion; (F) to carry out construction activities at facilities or property owned by, or held in trust by a Federal or State government entity for, the eligible recipient that support outdoor recreation, travel, tourism, hospitality, or special events, including activities involving— (i) construction of new, or improvements to existing, outdoor recreation and trail infrastructure, including public access enhancements to that infrastructure; (ii) nature-based infrastructure projects to improve access to outdoor recreation; (iii) improvement of cultural, arts, convention, special event, outdoor recreation, and tourism facilities, such as visitor or tourist information centers, including through— (I) general accessibility upgrades, such as increasing disability access; (II) improving ventilation, heating, and cooling systems; (III) increasing energy efficiency; and (IV) incorporating additional renewable energy generation associated with that infrastructure, including zero-emission vehicle fleets and charging infrastructure; (iv) construction of workforce training facilities in order to carry out capacity building programs; (v) water or wastewater and stormwater improvements; (vi) pier construction and improvements; and (vii) accessibility enhancements; (G) to pay costs associated with upgrades and retrofits to existing outdoor recreation, travel, tourism, hospitality, and special event infrastructure, such as convention centers, to increase travel and tourism activity or to make the infrastructure more functional under social distancing conditions due to a public health emergency declaration under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (H) to pay costs associated with providing information to visitors about the health and safety protections, guidance, or requirements of Federal, State, Tribal, or local governments and businesses to reduce the spread of COVID–19; (I) to pay the increased costs of filtration and sanitation, including physical modifications to facilities such as convention centers, large event spaces, campsites, or community attractions associated with precautions to provide for safe worker, traveler, or event environments; and (J) to pay the costs of salaries and expenses associated with the operations of the eligible recipient, other than salaries and expenses of the executives of the eligible recipient, if the applicant— (i) demonstrates the capacity to maintain the positions for which the funds are used; or (ii) demonstrates that the positions for which the funds are used are temporary or seasonal. (2) Prohibition Amounts provided under this section may not be used for recruitment efforts to bring in or host particular events, such as sporting competitions or other activities. (e) Priority The Secretary shall give priority to eligible recipients that seek to carry out an activity that— (1) is based on long-term, regionally oriented, coordinated, and collaborative economic development or redevelopment strategies that foster economic growth and resilience; (2) will promote workforce development; (3) will involve a minority-owned, rural, Native American, or otherwise underserved small business concern; or (4) implements strong labor standards, including project labor agreements and community benefit agreements that include local hire provisions to promote effective and efficient delivery of high-quality infrastructure projects. (f) Regional distribution (1) In general In providing grants under this section, the Secretary shall distribute the funds to eligible recipients in each region served by the Economic Development Administration in accordance with the formula described in paragraph (2)(A). (2) Formula (A) In general The formula referred to in paragraph (1) shall include consideration of each of the following: (i) Using the most recent data from the Quarterly Census of Employment and Wages and the Current Employment Statistics, employment in the leisure and hospitality sectors (other than food service businesses) as a percentage of total employment in States in the region, using a 5-year average. (ii) Using the most recent data from the Arts and Cultural Production and Outdoor Recreation Satellite Account, employment in arts and cultural production and outdoor recreation as a percentage of total employment in States in the region, using a 5-year average. (iii) The number of international and domestic visitors in States in the region, using data from the Department or another source as the Secretary determines to be appropriate. (iv) The impacts of the COVID–19 pandemic, and other natural or economic disasters, on the outdoor recreation, travel, tourism, hospitality, or special event industries in States in the region. (v) Any other data that the Secretary determines reliably measures the impact of outdoor recreation, travel, tourism, hospitality, or special events to the economy of a State. (B) Out of date, discontinued, or inaccurate data sources If the Secretary determines that a data source described in clause (i) or (ii) of subparagraph (A) is out of date, discontinued, or otherwise inaccurate, the Secretary may substitute other data sources to obtain the employment statistics described in those clauses, subject to the condition that the Secretary provides to Congress a report describing the new data source used by the Secretary. (g) Rural set-Aside (1) In general Of the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 20 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), with a particular focus on rural areas that are located in distressed or underserved communities. (2) Waiver If there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined), to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (h) Native American set-Aside (1) In general Of the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver If there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. . (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1767) is amended by inserting after the item relating to section 218 the following: Sec. 219. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants. . 8. Tourism marketing (a) Declaration Section 2(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121(b) ) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) tourism marketing is an economic development tool used by communities for economic development and should be considered an eligible use of economic development funding awarded by the Federal Government through the Economic Development Administration. . (b) Grants for economic adjustment Section 209(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(a) ) (as amended by section 3(b)(2)) is amended by inserting travel promotion (including funding for tourism marketing, marketing research, purchasing advertisements, and attracting business meetings or convention travel), after 208(a)), . 9. Economic distress formula Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall review the economic distress formula under section 301 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161 ) and submit to Congress a report that includes— (1) recommendations for modifications to the formula to ensure that all areas, including distressed areas, are eligible to receive a higher percentage of Federal funding than those areas currently are eligible to receive; (2) a recommendation on whether to reduce the non-Federal share for projects carried out with grants under that Act ( 42 U.S.C. 3121 et seq. ); and (3) an analysis of the financial limitations of eligible recipients located within high-density public land counties (as defined in section 7(a)) in accessing Economic Development Administration funding opportunities. 10. High-density public land counties (a) Definition of high-Density public land county In this section, the term high-density public land county means a county (or equivalent jurisdiction) of a State, Indian Tribe, or territory of the United States— (1) that has a population of not more than 100,000 people, according to the most recent annual estimates of population by the Bureau of the Census; and (2) in which more than 50 percent of the land is owned or managed by the Federal Government (including land held in trust by the United States for the benefit of an Indian Tribe). (b) Requirement For purposes of providing assistance under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) (including sections 209 and 301 of that Act ( 42 U.S.C. 3149 , 3161)) and other programs of the Economic Development Administration, a high-density public land county shall be considered to be— (1) an area with a special need arising from actual or threatened severe unemployment or economic adjustment problems resulting from severe changes in economic conditions; (2) a distressed area; and (3) an underserved area. 11. Office of Rural and Native American Economic Development (a) In general Title V of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3191 et seq. ) is amended by adding at the end the following: 508. Office of Rural and Native American Economic Development (a) Establishment There is established within the Economic Development Administration an Office of Rural and Native American Economic Development (referred to in this section as the Office ). (b) Under Secretaries (1) In general The Office shall be jointly headed by— (A) a Deputy Under Secretary for Rural Economic Development; and (B) a Deputy Under Secretary for Native American Economic Development. (2) Dedicated staffs (A) In general (i) Deputy Under Secretary for Rural Economic Development The Secretary shall ensure that the Deputy Under Secretary for Rural Economic Development has a dedicated staff to carry out the purposes of the Office with respect to rural communities. (ii) Deputy Under Secretary for Native American Economic Development The Secretary shall ensure that the Deputy Under Secretary for Native American Economic Development has a dedicated staff to carry out the purposes of the Office with respect to tribal communities. (B) Existing staff and personnel (i) In general For purposes of carrying out clauses (i) and (ii) of subparagraph (A), the Secretary may reorganize and redesignate existing positions or staffing within the Economic Development Administration. (ii) Website Any existing personnel reorganized or redesignated under clause (i) shall be recognized on the website of the Economic Development Administration. (c) Purpose The purpose of the Office shall be— (1) to coordinate all rural and Native American economic development activities carried out by the Secretary; (2) to provide resources to help rural and Native American communities access economic development assistance programs, including the grants provided by this Act; (3) (A) to develop rural and tribal economic development strategies and efforts, including the strategies for rural and Native American economic development described in subsection (d); and (B) to coordinate those strategies and efforts with other Federal agencies, including the Office of Rural Development of the Department of Agriculture and the Bureau of Indian Affairs; and (4) to be a participant in any negotiated rulemakings, or consultations relating to, or having an impact on, projects, programs, or funding that benefit rural or Native American communities. (d) Strategies for rural and Native American economic development (1) In general The Office shall, in consultation with rural communities, develop a strategy for rural economic development and, in consultation with Native American communities, develop a strategy for Native American economic development, which shall each, as applicable— (A) identify the most pressing priorities and challenges of the United States in promoting rural and Native American prosperity during the 10-year period beginning on the date of enactment of the INVEST in Our Communities Act ; (B) describe the policy actions that will be taken by the Economic Development Administration, and any other Federal agency implementing rural and Native American economic development programs, if applicable, to accelerate and support social and economic prosperity in rural and tribal areas; and (C) identify opportunities to partner with other Federal agencies or across Federal agencies and programs to address the priorities and challenges identified under subparagraph (A). (2) Submission to Congress The Office shall submit to the Committees on Agriculture, Nutrition, and Forestry, Environment and Public Works, and Indian Affairs of the Senate and the Committees on Agriculture, Transportation and Infrastructure, and Natural Resources of the House of Representatives the strategies for rural economic development and Native American economic development developed under paragraph (1). (e) Outreach (1) In general The Under Secretaries shall establish within the Office a public gateway to help provide a comprehensive, single source of information for civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities to better understand and access programs that support economic development in those communities, including the economic development programs administered by Federal agencies or departments other than the Department. (2) Inclusions In carrying out this subsection, the Under Secretaries shall include the following activities: (A) Hotline The Office shall establish a telephone hotline to offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies. (B) Website and electronic mail The Office shall establish a website and electronic mail portal through which to offer information and answer questions about Federal programs to assist rural and tribal communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and tribal communities. (C) Outreach and support materials The Office shall develop printed and electronic outreach and support materials that offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities. (D) Other outreach activities The Office may carry out additional activities that offer information and answer questions about Federal programs to assist rural and Native American communities. (3) Existing efforts The outreach efforts and activities described in paragraphs (1) and (2) shall be in coordination with existing efforts and activities of the rural development mission area Department of Agriculture and the Bureau of Indian Affairs. (f) Dedicated staff The Secretary shall ensure that the Office has sufficient staff where appropriate, including in each regional office of the Economic Development Administration, to carry out all outreach activities under subsection (e) in rural and Native American communities. . (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597) is amended by inserting after the item relating to section 507 the following: Sec. 508. Office of Rural and Native American Economic Development. . 12. Flexible hiring and disaster authorities (a) In general Title V of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3191 et seq. ) (as amended by section 11(a)) is amended by adding at the end the following: 509. Flexible hiring and disaster authorities (a) Appointment and compensation authorities (1) In general The Secretary may appoint and fix the compensation of such temporary personnel as may be necessary to carry out this Act and to implement post-disaster economic recovery responsibilities, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, governing appointments in competitive service and compensation of personnel. (2) Appointment to position within EDA Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Secretary may convert a temporary employee appointed under paragraph (1) to a permanent appointment in the competitive service in the Economic Development Administration under merit promotion procedures if— (A) the employee has served continuously in that appointment for not less than 2 years; and (B) the performance of the employee has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A). (b) Disaster team (1) Establishment As soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall establish a disaster team for the deployment of individuals to carry out post-disaster economic recovery efforts after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and an agency has been activated by the Federal Emergency Management Agency. (2) Membership (A) Designation of staff As soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall designate to serve on the disaster team, in conjunction with staff of the Department— (i) employees of the Department who are not employees of the agency; and (ii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate. (B) Capabilities In designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient number of— (i) individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and (ii) in conjunction with permanent agency staff, highly trained individuals employed full-time to lead and manage the disaster team. (3) Training The Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team designed under paragraph (2) to ensure that the members are adequately trained with respect to the programs and policies of the agency relating to post-disaster economic recovery efforts. (4) Expenses In carrying out this subsection, the Secretary may— (A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) to direct Federal agencies in any major disaster or emergency declared under that Act; and (B) provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, relating to service as a member of the disaster team. . (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597) (as amended by section 11(b)) is amended by inserting after the item relating to section 508 the following: Sec. 509. Flexible hiring and disaster authorities. . 13. COVID-era funding availability Notwithstanding any other provision of law, any amounts made available to carry out the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) during the period during which 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 ) on January 31, 2020, with respect to COVID–19 is in effect shall be available for obligation until September 30, 2030. 14. Funding for HOST grants (a) In general Title VII of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3231 et seq. ) is amended by adding at the end the following: 705. Funding for HOST grants Of the amounts made available under section 701(a) for each of fiscal years 2023 through 2027, $100,000,000 shall be used to carry out section 219, of which 3 percent shall be used for the administrative costs of carrying out that section, including for maintaining the formula described in subsection (f)(2) of that section. . (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1772) is amended by inserting after the item relating to section 704 the following: Sec. 705. Funding for HOST grants. . 15. Set asides (a) In general Title VII of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3231 et seq. ) (as amended by section 11(a)) is amended by adding at the end the following: 706. Requirements for the use of funds (a) Planning assistance (1) In general Of the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide assistance to eligible recipients for the development of a comprehensive economic development strategy. (2) Federal share The Federal share of the cost of an activity carried out with assistance under paragraph (1) shall be not less than 80 percent. (b) Technical and operational assistance Of the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide to eligible recipients technical and operational capacity assistance to prepare those eligible recipients to better access Federal funding from the Economic Development Administration and other sources. (c) Rural set-Aside (1) In general Of the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 15 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )). (2) Waiver If there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (d) Maximum grant amounts The Secretary shall consider increasing maximum grant amounts set by the Secretary and increasing the average amount of funds distributed per grant provided under this Act to increase the impact of those investments. (e) Native American set-Aside (1) In general Of the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver If there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. . (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1772) (as amended by section 11(b)) is amended by inserting after the item relating to section 705 the following: Sec. 706. Requirements for the use of funds. . 16. Cost sharing Section 204 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking subsection (c) and inserting this section ; and (B) in paragraph (2)(A), by striking 30 percent and inserting 40 percent ; and (2) by adding at the end the following: (d) High-Density public land counties In the case of a grant under this Act to an eligible recipient that is located in or that serves a high-density public land county (as defined in section 7(a) of the INVEST in Our Communities Act ), the Secretary shall— (1) reduce the non-Federal share of the cost of the project carried out with the grant by 50 percent; (2) provide to the eligible recipient direct and expanded technical assistance to improve applications from high-density public land counties (as so defined); and (3) allow the eligible recipient to provide any required non-Federal share in the form of in-kind contributions. (e) Communities affected by disasters In the case of a grant under section 209(c)(2), the Federal share of the cost of a project carried out with the grant shall be 100 percent. (f) COVID-Era funding (1) In general In the case of a project carried out with a grant under this Act made on or after the date of enactment of the INVEST in Our Communities Act from amounts made available during the period during which 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 ) on January 31, 2020, with respect to COVID–19 is in effect, the Federal share of the cost of the project shall be not less than 90 percent. (2) Certain areas The Secretary shall consider increasing the Federal share set by the Secretary under paragraph (1) to be 100 percent of the cost of the project if the project is to be carried out in an area that is experiencing, in the determination of the Secretary, lasting economic impacts as a result of the COVID–19 pandemic. . | https://www.govinfo.gov/content/pkg/BILLS-117s4077is/xml/BILLS-117s4077is.xml |
117-s-4078 | II 117th CONGRESS 2d Session S. 4078 IN THE SENATE OF THE UNITED STATES April 25, 2022 Ms. Cortez Masto (for herself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Office of Management and Budget, the General Services Administration, and the Council on Environmental Quality to develop short-term and long-term strategies to reduce the cost of transportation fuels for consumers in the United States through Federal conservation, and for other purposes.
1. Short title This Act may be cited as the Lowering Federal Usage of Energy to Lessen Costs Act of 2022 or the Lowering FUEL Costs Act of 2022 . 2. Strategies to reduce the cost of transportation fuels in the United States (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of General Services. (2) Chair The term Chair means the Chair of the Council on Environmental Quality. (3) Director The term Director means the Director of the Office of Management and Budget. (4) Strategies The term strategies means the short-term and long-term strategies to reduce the cost of transportation fuels for consumers in the United States through Federal conservation developed under subsection (b). (5) Transportation fuel The term transportation fuel has the meaning given the term in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ). (b) Development of strategies (1) In general Not later than 120 days after the date of enactment of this Act, the Director, the Administrator, and the Chair, in coordination with the heads of other relevant Federal agencies, shall develop and publicly release short-term and long-term coordinated strategies to reduce the cost of transportation fuels for consumers in the United States through Federal conservation. (2) Inclusions The strategies shall include— (A) a plan on how the General Services Administration can reduce, for the period during which the average cost of transportation fuel in the United States is greater than the average price of that fuel on December 1, 2021, the usage of transportation fuels by vehicles in the Federal fleet by 10 percent below the average amount of transportation fuels used by those vehicles in 2019, subject to the condition that the plan shall not apply to transportation fuels needed for national defense, homeland security, or law enforcement purposes of the United States; and (B) recommendations to Congress on any legislation, authorities, or administrative actions necessary to reduce the cost of transportation fuels for consumers in the United States. (c) Implementation of short-Term strategies Not later than 3 months after the date on which the short-term strategies developed under subsection (b) are publicly released, the Director, the Administrator, and the Chair, in coordination with the heads of other relevant Federal agencies, shall begin to implement those short-term strategies. (d) Savings clause The strategies developed under subsection (b) shall not apply to— (1) vehicles in the Federal fleet that are not under the management of the Administrator; or (2) vehicles under the management of the United States Postal Service. | https://www.govinfo.gov/content/pkg/BILLS-117s4078is/xml/BILLS-117s4078is.xml |
117-s-4079 | II 117th CONGRESS 2d Session S. 4079 IN THE SENATE OF THE UNITED STATES April 25, 2022 Mr. Scott of Florida (for himself and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit the Secretary of the Treasury from engaging in transactions involving the exchange of Special Drawing Rights issued by the International Monetary Fund that are held by the Russian Federation or Belarus.
1. Short title This Act may be cited as the Russia and Belarus SDR Exchange Prohibition Act of 2022 . 2. Special Drawing Rights Exchange prohibition (a) In general The Secretary of the Treasury may not engage in any transaction involving the exchange of Special Drawing Rights issued by the International Monetary Fund and held by the Russian Federation or Belarus. (b) Advocacy The Secretary of the Treasury shall— (1) vigorously advocate that the government of each member country of the International Monetary Fund, to the extent that the member country issues a freely usable currency, prohibit transactions involving the exchange of Special Drawing Rights held by the Russian Federation or Belarus; and (2) direct the United States Executive Director of the International Monetary Fund to use the voice and vote of the United States to oppose any allocation of Special Drawing Rights to the Russian Federation or Belarus. (c) Waiver The President may waive the application of this section if the President— (1) determines that a waiver is in the national interest of the United States; and (2) submits to Congress a notice of and justification for such waiver. (d) Termination This section shall have no force or effect on the earlier of— (1) the date that is 5 years after the date of the enactment of this Act; (2) the date that is 30 days after the date that the President reports to Congress that the Governments of the Russian Federation and Belarus have ceased aggression undermining the sovereignty and territorial integrity of Ukraine; or (3) the date on which the President determines and reports to Congress that termination is in the national interest of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4079is/xml/BILLS-117s4079is.xml |
117-s-4080 | II 117th CONGRESS 2d Session S. 4080 IN THE SENATE OF THE UNITED STATES April 25, 2022 Mr. Padilla (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes.
1. Short title This Act may be cited as the Berryessa Snow Mountain National Monument Expansion Act . 2. Definitions In this Act: (1) Board The term Board means the Board on Geographic Names established by section 2 of the Act of July 25, 1947 (61 Stat. 456, chapter 330; 43 U.S.C. 364a ). (2) Map The term Map means the map entitled Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument and dated October 26, 2021. (3) Molok Luyuk The term Molok Luyuk means Condor Ridge (in the Patwin language). (4) National monument The term National Monument means the Berryessa Snow Mountain National Monument established by Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975), including all land, interests in the land, and objects on the land identified in that Presidential Proclamation. (5) Secretary The term Secretary means the Secretary of the Interior. (6) Walker Ridge (Molok Luyuk) Addition The term Walker Ridge (Molok Luyuk) Addition means the approximately 3,925 acres of Federal land (including any interests in, or objects on, the land) administered by the Bureau of Land Management in Lake County, California, and identified as Proposed Walker Ridge (Molok Luyuk) Addition on the Map. 3. National monument expansion (a) Boundary modification The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition. (b) Map (1) Corrections The Secretary may make clerical and typographical corrections to the Map. (2) Public availability; effect The Map and any corrections to the Map under paragraph (1) shall— (A) be publicly available on the website of the Bureau of Land Management; and (B) have the same force and effect as if included in this Act. (c) Administration Subject to valid existing rights, the Secretary shall administer the Walker Ridge (Molok Luyuk) Addition— (1) as part of the National Monument; (2) in accordance with Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975); and (3) in accordance with applicable laws (including regulations). 4. Management Plan (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes described in, Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975). (b) Tribal Consultation The Secretary and the Secretary of Agriculture shall consult with affected federally recognized Indian Tribes in— (1) the development of the management plan under subsection (a); and (2) making management decisions relating to the National Monument. (c) Continued engagement with Indian Tribes The management plan developed under subsection (a) shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in the implementation of the management plan. (d) Effect Nothing in this Act affects the conduct of fire mitigation or suppression activities at the National Monument, including through the use of existing agreements. 5. Agreements and partnerships To the maximum extent practicable and in accordance with applicable laws, on request of an affected federally recognized Indian Tribe, the Secretary (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) shall enter into agreements, contracts, and other cooperative and collaborative partnerships with the federally recognized Indian Tribe regarding management of the National Monument under relevant Federal authority, including— (1) the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ); (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (3) the Tribal Self-Governance Act of 1994 ( 25 U.S.C. 5361 et seq. ); (4) the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a et seq. ); (5) the good neighbor authority under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); (6) Executive Order 13175 ( 25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments); (7) Secretarial Order 3342, issued by the Secretary on October 21, 2016 (relating to identifying opportunities for cooperative and collaborative partnerships with federally recognized Indian Tribes in the management of Federal lands and resources); and (8) Joint Secretarial Order 3403, issued by the Secretary and the Secretary of Agriculture on November 15, 2021 (relating to fulfilling the trust responsibility to Indian Tribes in the stewardship of Federal lands and waters). 6. Designation of Condor Ridge (Molok Luyuk) in Lake and Colusa Counties, California (a) In general The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as Walker Ridge shall be known and designated as Condor Ridge (Molok Luyuk) . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of Federal land described in subsection (a) shall be deemed to be a reference to Condor Ridge (Molok Luyuk) . (c) Map and legal description (1) Preparation (A) Initial map The Board shall prepare a map and legal description of the parcel of Federal land designated by subsection (a). (B) Corrections The Board and the Director of the Bureau of Land Management may make clerical and typographical corrections to the map and legal description prepared under subparagraph (A). (2) Consultation In preparing the map and legal description under paragraph (1)(A), the Board shall consult with— (A) the Director of the Bureau of Land Management; and (B) affected federally recognized Indian Tribes. (3) Public availability; effect The map and legal description prepared under paragraph (1)(A) and any correction to the map or legal description made under paragraph (1)(B) shall— (A) be publicly available on the website of the Board, the Bureau of Land Management, or both; and (B) have the same force and effect as if included in this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4080is/xml/BILLS-117s4080is.xml |
117-s-4081 | II 117th CONGRESS 2d Session S. 4081 IN THE SENATE OF THE UNITED STATES April 26, 2022 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 Consolidated Farm and Rural Development Act to establish a grant program to assist with the purchase, installation, and maintenance of point-of-entry and point-of-use drinking water quality improvement products, and for other purposes.
1. Short title This Act may be cited as the Healthy Drinking Water Affordability Act or the Healthy H2O Act . 2. Findings Congress finds that— (1) clean and safe drinking water is necessary to ensure public health and a vibrant economy; (2) communities that are dependent on private groundwater supplies to meet domestic drinking water needs, as well as those that continue to experience drinking water infrastructure challenges from public water supplies, including with infrastructure into and within households and living facilities, are disproportionately impacted by drinking water quality issues; (3) in many instances, those communities and their households have been adversely impacted by the presence of 1 or more naturally occurring and human-caused contaminants found in drinking water, such as lead, arsenic, nitrate, nitrite, and volatile organic compounds, as well as federally unregulated contaminants, including perfluoroalkyl and polyfluoroalkyl substances and hexavalent chromium (chrome–6), in local groundwater or other drinking water supplies; (4) public health organizations and institutions, such as the Centers for Disease Control and Prevention, have cited giardia, enterovirus, radon, rotovirus, norovirus, shigella, campylobacter, salmonella, hepatitis A, cryptosporidium, and e. coli as among the major diseases and contaminants that can be present in drinking water sources; (5) investments in projects to improve and support drinking water infrastructure are critically important to addressing water quality in the United States, but because those projects can typically take many years to complete, the current, and in some cases the ongoing, needs of communities impacted with immediate drinking water quality challenges cannot be or are not addressed in a timely manner; (6) as an interim measure (and in some cases in rural areas, for longer term or permanently), point-of-entry and point-of-use water quality improvement products are viable solutions to address drinking water contamination challenges for the people of the United States; and (7) grants provided under this Act are intended to provide financial assistance for eligible grant recipients (as defined in section 306F(a) of the Consolidated Farm and Rural Development Act (as added by section 3)) that voluntarily seek to improve the quality of the drinking water of eligible end users (as defined in that section), and not to demonstrate that an eligible end user is in compliance with a Federal, State, or local primary drinking water standard or regulation. 3. Healthy Drinking Water Affordability Assistance Program Subtitle A of the Consolidated Farm and Rural Development Act is amended by inserting after section 306E ( 7 U.S.C. 1926e ) the following: 306F. Healthy Drinking Water Affordability Assistance Program (a) Definitions In this section: (1) Approved installation The term approved installation means the installation of an eligible drinking water quality improvement product or a certified filter component by a qualified third-party installer that— (A) complies with all local and State regulations; and (B) follows the installation instructions of the manufacturer. (2) Approved maintenance The term approved maintenance means required maintenance— (A) performed on an eligible drinking water quality improvement product that includes maintenance and replacement of the certified filter component; (B) performed by a service technician who— (i) is— (I) professionally qualified, certified, or licensed as a water treatment product maintenance professional, including a professional credentialed through a manufacturer or third party; (II) operating under the supervision of a service technician described in subclause (I); (III) a licensed plumber or a plumber operating under the supervision of a licensed plumbing contractor; or (IV) an individual who holds a license or certification related to water treatment technologies issued by a State; and (ii) regularly completes continuing education on water treatment technology and other subjects that enhance the services provided under this section; (C) that complies with all local and State regulations; and (D) that follows the maintenance instructions of the manufacturer. (3) Certified filter component The term certified filter component means a replaceable or replacement filter component— (A) for which approved maintenance can be performed; and (B) that is certified by a third-party certifier as compliant with— (i) (I) NSF/ANSI Standard 53, Drinking Water Treatment Units—Health Effects ; (II) NSF/ANSI Standard 58, Reverse Osmosis Drinking Water Treatment Systems ; or (III) another successor or relevant ANSI standard for drinking water treatment units or systems that addresses health contaminant reduction, as determined by the Secretary; or (ii) a standard that is similar to a standard described in clause (i) or more protective of human health than that standard, as determined by the Secretary. (4) Eligible drinking water quality improvement product The term eligible drinking water quality improvement product means a point-of-use or point-of-entry system— (A) incorporating a certified filter component; and (B) that is certified by a third-party certifier to meet standards recognized by the American National Standards Institute— (i) for material safety and performance; and (ii) to improve drinking water quality. (5) Eligible end user The term eligible end user means a person that is— (A) (i) a homeowner; (ii) an individual lessee or renter of a home, apartment, or other dwelling; (iii) a property owner of a multi-unit residential building with 25 or fewer owned, leased, or rented dwelling units; (iv) a licensed child-care facility; or (v) an owned, leased, or rented facility; and (B) supported by a finding of need through— (i) a qualified water quality test demonstrating the presence of 1 or more health contaminants; or (ii) other documentation determined to be satisfactory by the Secretary demonstrating the presence of 1 or more health contaminants. (6) Eligible grant recipient The term eligible grant recipient means— (A) an eligible end user; and (B) a nonprofit organization or government entity that uses a grant provided under this section for the purposes described in subsection (c)(2). (7) Health contaminant The term health contaminant means— (A) a health contaminant found in drinking water, including lead, arsenic, nitrate, nitrite, perfluoroalkyl and polyfluoroalkyl substances, hexavalent chromium (chrome–6), and volatile organic compounds; and (B) any other contaminant with the potential to be detrimental to human health, as determined by the Secretary following the opportunity for public comment. (8) Improve drinking water quality The term improve drinking water quality means to improve the quality of the water supplied between its source and human consumption by significantly reducing or removing 1 or more health contaminants. (9) Qualified third-party installer The term qualified third-party installer means a person who— (A) is— (i) a professionally qualified, certified, or licensed water treatment product installation professional, including such a professional credentialed through a manufacturer or third party; (ii) a licensed plumber or individual who holds a license or certification related to water treatment technologies issued by a State; or (iii) a company or plumbing contractor employing individuals described in clause (i) or (ii); and (B) regularly completes, or requires applicable employees to complete, continuing education on water treatment technology and other subjects that enhance the services provided under this section. (10) Qualified water quality test The term qualified water quality test means a baseline analysis of the bacterial and chemical characteristics of concern from a drinking water sample collected at the point of consumption and tested by a laboratory certified to conduct water quality testing— (A) that is provided to— (i) the Secretary; and (ii) as applicable— (I) a person seeking a grant under this section; (II) an eligible end user receiving a grant under this section; or (III) an eligible grant recipient receiving a grant under this section and any eligible end users served by the eligible grant recipient; and (B) that includes information that provides— (i) guidance on test interpretation, including whether the bacteria or chemical characteristic of concern meets or exceeds a prescribed health-based contaminant level; and (ii) sources and citations that eligible grant recipients, independent third-party organizations and institutions, and government agencies may review and consult— (I) to determine available eligible drinking water quality improvement products for addressing detected contaminants; and (II) to evaluate efficacy across eligible drinking water quality improvement products. (11) Third-party certifier The term third-party certifier means an independent certification body accredited by the American National Standards Institute, such as the Water Quality Association, NSF International, and the International Association of Plumbing and Mechanical Officials. (b) Establishment of program Not later than 120 days after the date of enactment of this section, the Secretary shall promulgate regulations to establish, and shall carry out, a clean drinking water program, to be known as the Healthy Drinking Water Affordability Assistance Program or the Healthy H2O Program , to provide grants to eligible grant recipients to improve drinking water quality of eligible end users. (c) Eligible uses of grants (1) In general A grant under this section shall be used, as directed by the Secretary, for— (A) the purchase of an eligible drinking water quality improvement product or a replacement certified filter component; (B) the approved installation by a qualified third-party installer of an eligible drinking water quality improvement product; (C) the purchase and approved installation by a qualified third-party installer of a replacement certified filter component; (D) the approved maintenance of an eligible drinking water quality improvement product; or (E) qualified water quality tests to support products and services described in subparagraphs (A) through (D). (2) Nonprofit organizations and government entities A nonprofit organization or government entity that receives a grant under this section shall use the grant, in a manner consistent with the uses described in paragraph (1) and as directed by the Secretary— (A) to offer qualified water quality tests for eligible end users on a voluntary basis; (B) to facilitate the analysis of qualified water quality test results for eligible end users; (C) to assist an eligible end user in determining the response options available and supporting the selection by the eligible end user of a response that best fits the needs of the eligible end user, informed by— (i) a qualified water quality test; and (ii) an understanding of the relevant plumbing systems and environmental factors that will impact point-of-use or point-of-entry water safety; (D) to coordinate or facilitate the approved installation by a qualified third-party installer of the eligible drinking water quality improvement product selected by an eligible end user; (E) to optimize the rate at which eligible drinking water quality improvement products are operating as intended for public health outcomes by reducing the burden and cost of ongoing testing and system maintenance; and (F) to accelerate the deployment and ongoing utilization of technological innovation that— (i) improves drinking water quality; (ii) improves health outcomes; (iii) reduces purchase and maintenance costs of treatment solutions; (iv) increases public awareness of water quality issues and treatment options; and (v) contributes to continuous improvement in the provision of solutions to improve drinking water quality by the public and private sectors. (d) Amount of grant limitation The amount of a grant under this section shall not exceed the reasonable costs, as determined by the Secretary, of the purposes described in subsection (c) for which the grant is provided. (e) Grant administrator The Secretary shall appoint an officer or employee of the Department of Agriculture to administer and manage grants provided under this section. (f) Grant allocation In providing grants under this section to eligible grant recipients, the Secretary shall allocate funds and make grants available in a manner that— (1) responds to a range of water quality challenges; (2) improves local and regional capacity to respond to contamination; and (3) ensures reasonable access to funds for— (A) eligible end users seeking a grant under this section; and (B) nonprofit organizations and government entities seeking a grant under this section. (g) Reports Not later than 1 year after the date of enactment of this section, and not less frequently than annually thereafter, the Secretary shall submit to Congress, and make publicly available, a report— (1) identifying ongoing barriers to universal safe drinking water prior to and after filtration or other treatment; (2) analyzing conditions impacting eligible grant recipients, including— (A) sources of contamination or degradation of water resources, especially groundwater resources or upstream resources that recharge stores of drinking water; (B) trends in bioaccumulation and attenuation of contaminants and nutrients; and (C) impacts of infrastructure materials, crop and land management practices, waste management, and other factors that impact drinking water quantity and quality; (3) providing a comprehensive analysis of— (A) technologies available to and purchased by eligible grant recipients; and (B) the emerging safe drinking water needs of rural and other homeowners, renters, residential multi-unit property owners, licensed child-care facilities, and other groups, as determined by the Secretary; (4) that includes information describing— (A) the types of treatment systems and filter components used under the program established under this section; (B) the number of qualified water quality tests conducted under the program established under this section; (C) emerging and changing trends relating to steps taken to ensure safe drinking water in communities and households; and (D) trends relating to the availability and use of eligible drinking water quality improvement products, including— (i) affordability at purchase and through the lifecycle of the products; (ii) consistency of operation as intended by the manufacturer and installer, including effectiveness across systems and technologies at achieving stated health protections; and (iii) lifecycle product performance, energy use, and environmental impact; (5) providing recommendations regarding the best methods to increase access to— (A) grants under this section; and (B) the products and services described in subsection (c); (6) that incorporates input from relevant— (A) nongovernmental organizations; and (B) certification institutions that oversee the criteria for products and training of installation and maintenance professionals; and (7) the purposes of which are— (A) to improve data on health contaminants in drinking water; (B) to provide educational resources on water testing and water quality improvement products and services to eligible grant recipients with drinking water contamination issues; and (C) to collect information that improves understanding of water testing and water quality improvement products and services, including their associated health and economic benefits. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section for each of fiscal years 2023 through 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s4081is/xml/BILLS-117s4081is.xml |
117-s-4082 | II 117th CONGRESS 2d Session S. 4082 IN THE SENATE OF THE UNITED STATES April 26, 2022 Mr. Boozman (for himself, Mr. Tillis , Mr. Rubio , Mr. Cornyn , Mr. Inhofe , Mr. Daines , Mr. Thune , Mrs. Hyde-Smith , Mrs. Fischer , Mr. Cotton , Mr. Hagerty , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To prohibit the use by the Department of Veterans Affairs of funds to provide emergency assistance at the southern border of the United States resulting from the repeal of certain public health orders, and for other purposes.
1. Prohibition on use of funds by Department of Veterans Affairs to provide emergency assistance at the southern border of the United States resulting from the repeal of certain public health orders (a) In general The Secretary of Veterans Affairs may not obligate or expend any amounts to provide emergency assistance in response to an emergency at the southern border directly resulting from the repeal of an order specified in subsection (b). (b) Order specified An order specified in this subsection is any of the following: (1) The Order issued by the Director of the Centers for Disease Control and Prevention on August 2, 2021, entitled Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (86 Fed. Reg. 42828). (2) The Order issued by the Director of the Centers for Disease Control and Prevention on April 1, 2022, entitled Public Health Determination and Order Regarding Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (87 Fed. Reg. 19941). (3) An order relating to the same public health concern as an order specified in paragraph (1) or (2). (c) Rule of construction Nothing in this section shall be construed to prevent the Secretary from obligating or expending amounts to provide emergency assistance at the southern border that is not described in subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4082is/xml/BILLS-117s4082is.xml |
117-s-4083 | II 117th CONGRESS 2d Session S. 4083 IN THE SENATE OF THE UNITED STATES April 26, 2022 Mr. Heinrich (for himself, Mr. Bennet , Mr. Merkley , Mr. Luján , Mr. Booker , Mr. Wyden , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the requirements applicable to locatable minerals on public domain land, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Clean Energy Minerals Reform Act of 2022 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Locatable mineral deposits Sec. 101. Limitation on patents. Sec. 102. Fees. Sec. 103. Limitations. TITLE II—Royalties Sec. 201. Royalty. Sec. 202. Royalty relief. Sec. 203. Enforcement. Sec. 204. Review. TITLE III—Mineral activities Sec. 301. Permits. Sec. 302. Exploration permits. Sec. 303. Mining permits. Sec. 304. Financial assurances. Sec. 305. Transfer, assignment, or sale of right. Sec. 306. Operation and reclamation. Sec. 307. Land open to location. Sec. 308. State law. Sec. 309. Inspection and monitoring. Sec. 310. Tribal consultation. TITLE IV—Hardrock Minerals Reclamation Fund Sec. 401. Establishment of Fund. Sec. 402. Abandoned mine land reclamation fee. TITLE V—Transition rules, administrative provisions, and miscellaneous provisions Sec. 501. Transition rules. Sec. 502. Enforcement. Sec. 503. Judicial review. Sec. 504. Uncommon varieties. Sec. 505. Review of uranium development on Federal land. Sec. 506. Effect. 2. Definitions In this Act: (1) Applicant The term applicant means any person that applies for— (A) a permit under this Act; or (B) a modification to, or a renewal of, a permit issued under this Act. (2) Beneficiation The term beneficiation means— (A) the crushing and grinding of locatable mineral ore; and (B) any processes that are employed to free the mineral from other constituents, including physical and chemical separation techniques. (3) Casual use (A) In general The term casual use means mineral activities that ordinarily result in no or negligible disturbance of Federal land or resources. (B) Inclusions The term casual use includes the collection of geochemical, rock, soil, or mineral specimens using hand tools, hand panning, or nonmotorized sluicing. (C) Exclusions The term casual use does not include— (i) the use of mechanized earth-moving equipment, suction dredging, or explosives; (ii) the use of motor vehicles in areas closed to off-road vehicles; (iii) the construction of roads or drill pads; or (iv) the use of toxic or hazardous materials or explosives. (4) Claim holder The term claim holder means a person holding a mining claim, millsite, or tunnel site that is— (A) located under the general mining laws; and (B) maintained in compliance with the general mining laws and this Act. (5) Control The term control means having the ability to determine the manner in which an entity conducts mineral activities. (6) Exploration (A) In general The term exploration means creating a surface disturbance (other than casual use) to evaluate the type, extent, quantity, or quality of minerals present. (B) Inclusions The term exploration includes mineral activities associated with sampling, drilling, or developing surface or underground workings to evaluate locatable mineral values. (C) Exclusions The term exploration does not include the extraction of mineral material for commercial use or sale. (7) Federal land The term Federal land means any land and any interest in land that is— (A) owned by the United States; and (B) open to location of mining claims under the general mining laws and this Act. (8) Fund The term Fund means the Hardrock Minerals Reclamation Fund established by section 401(a). (9) Hardrock mineral The term hardrock mineral has the meaning given the term locatable mineral except that— (A) legal and beneficial title to the mineral need not be held by the United States; and (B) paragraph (13)(B) does not apply to this paragraph. (10) Indian land The term Indian land means land that is— (A) held in trust for the benefit of an Indian Tribe or member of an Indian Tribe; or (B) held by an Indian Tribe or member of an Indian Tribe, subject to a restriction by the United States against alienation. (11) 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 ). (12) Locatable mineral (A) In general The term locatable mineral means any mineral— (i) the legal and beneficial title to which remains in the United States; and (ii) that is not subject to disposition under— (I) the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); (II) the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ); (III) the Act of July 31, 1947 (commonly known as the Materials Act of 1947 ) ( 30 U.S.C. 601 et seq. ); or (IV) the Act of August 7, 1947 (commonly known as the Mineral Leasing Act for Acquired Lands ) ( 30 U.S.C. 351 et seq. ). (B) Exclusions The term locatable mineral does not include any mineral that is— (i) subject to a restriction against alienation imposed by the United States; and (ii) held in trust by the United States for, or owned by, any Indian Tribe or member of an Indian Tribe, as defined in section 2 of the Indian Mineral Development Act of 1982 ( 25 U.S.C. 2101 ). (13) Mineral activity The term mineral activity means any activity on a mining claim, millsite, or tunnel site, or Federal land used in conjunction with the activity, for, relating to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any locatable mineral. (14) Operator The term operator means— (A) any person proposing, or authorized by a permit, to conduct mineral activities under this Act; and (B) any agent of a person described in subparagraph (A). (15) Person The term person means— (A) an individual, Indian Tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, trust, consortium, or other organization; and (B) any instrumentality of a State or local government, including any publicly owned utility or publicly owned corporation of a State or local government. (16) Processing (A) In general The term processing means processes downstream of beneficiation used to prepare locatable mineral ore into the final marketable product. (B) Inclusions The term processing includes smelting and electrolytic refining. (17) Secretary The term Secretary means the Secretary of the Interior. (18) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior (acting through the Director of the Bureau of Land Management), with respect to land managed by the Bureau of Land Management or other Federal land. (19) Temporary cessation The term temporary cessation means a halt in mine related production activities for a continuous period of not longer than 5 years. (20) Undue degradation The term undue degradation means substantial irreparable harm to significant scientific, cultural, or environmental resources on public land. I Locatable mineral deposits 101. Limitation on patents (a) Determinations required No patent shall be issued by the United States for any mining claim, millsite, or tunnel site located under the general mining laws unless the Secretary determines that— (1) a patent application was filed with the Secretary with respect to the claim not later than September 30, 1994; and (2) all requirements applicable to the patent application under law were fully complied with by the date described in paragraph (1). (b) Right To patent (1) In general Subject to paragraph (2) and notwithstanding subsection (c), if the Secretary makes the determinations under paragraphs (1) and (2) of subsection (a) with respect to a mining claim, millsite, or tunnel site, the claim holder shall be entitled to the issuance of a patent in the same manner and degree to which the claim holder would have been entitled to a patent before the date of enactment of this Act. (2) Withdrawal The claim holder shall not be entitled to the issuance of a patent if the determinations under paragraphs (1) and (2) of subsection (a) are withdrawn or invalidated by the Secretary or, on review, by a court of the United States. (c) Repeal Section 2325 of the Revised Statutes ( 30 U.S.C. 29 ) is repealed. 102. Fees (a) Claim maintenance fees (1) In general Not later than August 31, 2023, and each August 31 thereafter, the holder of each unpatented mining claim, millsite, or tunnel site shall pay to the Secretary a maintenance fee of $200 for each claim, millsite, or tunnel site. (2) Requirements The maintenance fees required under paragraph (1) shall be in lieu of— (A) the assessment work requirements under the general mining laws; and (B) the related filing requirements under subsections (a) and (c) of section 314 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744 ). (3) Timing of initial payment Notwithstanding paragraph (1), the maintenance fee payable for the initial assessment year in which the location is made shall be paid at the time the location notice is recorded with the Bureau of Land Management. (4) Claim relocation (A) Definition of related party In this paragraph and paragraph (5), the term related party means— (i) the spouse and qualifying child (as defined in section 152 of the Internal Revenue Code of 1986) of the claim holder; and (ii) a person affiliated with the claim holder, including— (I) a person controlled by, controlling, or under common control with, the claim holder; or (II) a subsidiary, parent company, partner, director, or officer of the claim holder. (B) Limits on relocation (i) In general No claim, millsite, or tunnel site, or portion of a claim or site, may be relocated by a person or related party if the person or related party held the claim or site and subsequently relinquished the claim or site or allowed the claim or site to become null and void. (ii) Duration The prohibition on relocation shall extend for a period of 10 years beginning on the date the claim or site was relinquished or became null and void. (5) Waiver The maintenance fee required under paragraph (1) shall be waived for a claim holder who certifies in writing to the Secretary that on the date the maintenance fee was due, the claim holder and all related parties— (A) held not more than 10 mining claims, millsites, tunnel sites, or any combination of claims and sites on Federal land; and (B) can demonstrate that the claim holder and all related parties have performed assessment work required under section 2324 of the Revised Statutes ( 30 U.S.C. 28 ) to maintain the mining claims and sites held by the claim holder and all related parties for the assessment year ending on noon of September 1 of the calendar year in which payment of the maintenance fee was due. (6) Adjustment (A) In general Subject to subparagraph (B), beginning on the date that is 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall adjust the amount of maintenance fees required under paragraph (1) to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor. (B) More frequent adjustments The Secretary may adjust the amount of the maintenance fees more frequently than specified in subparagraph (A) to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor if the Secretary determines an adjustment to be reasonable. (C) Notice Not later than July 1 of any year in which an adjustment is made under this paragraph, the Secretary shall provide claim holders notice of the adjustment. (D) Application An adjustment under this paragraph shall apply beginning in the first calendar year after the calendar year in which the adjustment is made. (7) Applicable law The co-ownership provisions of section 2324 of the Revised Statutes ( 30 U.S.C. 28 ) shall remain in effect, except that the annual maintenance fee, as applicable, shall replace applicable assessment requirements and expenditures. (8) Use and occupancy of claims Timely performance of required assessment work or payment of the maintenance fee under this subsection satisfies any obligation the claim holder has under the pedis possessio doctrine for any claim properly located in accordance with the general mining laws and applicable State law. (b) Location fees (1) In general Subject to paragraph (2) and notwithstanding any other provision of law, for each unpatented mining claim, millsite, or tunnel site located after the date of enactment of this Act, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary a location fee of $50 for each claim for each location notice recorded with the Bureau of Land Management. (2) Adjustment (A) In general Subject to subparagraph (B), beginning on the date that is 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall adjust the amount of location fees required under paragraph (1) to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor. (B) More frequent adjustments The Secretary may adjust the amount of the location fees more frequently than specified in subparagraph (A) to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor if the Secretary determines an adjustment to be reasonable. (C) Notice Not later than July 1 of any year in which an adjustment is made under this paragraph, the Secretary shall provide claim holders notice of the adjustment. (D) Application An adjustment under this paragraph shall apply beginning in the first calendar year after the calendar year in which the adjustment is made. (3) Effect on maintenance fee The location fee required under paragraph (1) shall be in addition to the maintenance fee required under subsection (a). (c) Disposition of funds (1) In general Any amounts received under this section shall be used to pay the costs of administering program operations under sections 2318 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 21 et seq. ) and this Act, without further appropriation. (2) Excess amounts Any amounts in excess of the costs described in paragraph (1) for any fiscal year shall be deposited in the Fund. (d) Effect of section Nothing in this section changes or modifies— (1) section 314(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744(b) ); or (2) the provisions of subsection (c) of section 314 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744 ) relating to filings required by subsection (b) of that section. (e) Amendment to Revised Statutes Section 2324 of the Revised Statutes ( 30 U.S.C. 28 ) is amended by inserting or section 102(a)(5) of the Clean Energy Minerals Reform Act of 2022 after Omnibus Budget Reconciliation Act of 1993 . 103. Limitations (a) Failure To comply (1) In general The failure of the claim holder to perform assessment work or to pay a maintenance fee if required under section 102(a), to pay a location fee under section 102(b), or to file a timely notice of location shall— (A) conclusively constitute a forfeiture of the mining claim, millsite, or tunnel site; and (B) make the claim or site null and void by operation of law. (2) Effect Forfeiture under paragraph (1) shall not relieve any person of any obligation under this Act and applicable regulations, including reclamation, and other applicable law. (b) Relinquishment (1) In general A claim holder deciding not to pursue mineral activities on a mining claim, millsite, or tunnel site, may relinquish the claim or site by notifying the Secretary of the intent to relinquish the claim or site. (2) Effect A claim holder relinquishing a claim, millsite, or tunnel site under paragraph (1) shall be responsible for any obligation under this Act and applicable regulations, including reclamation, and other applicable law. (c) Use of mining claim (1) In general The continued use, occupancy, and retention of any mining claim, millsite, or tunnel site subject to this Act shall be exclusively for mineral activities as authorized under this Act. (2) Failure to use for mineral activities If the claim holder cannot demonstrate to the Secretary that the mining claim, millsite, or tunnel site has been used exclusively for mineral activities, the Secretary shall declare the claim, millsite, or tunnel site null and void. II Royalties 201. Royalty (a) In general Subject to subsection (c) and section 202, production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this Act shall be subject to a royalty established by the Secretary by regulation of not less than 5 percent, and not more than 8 percent, of the gross income from mining for production of all locatable minerals. (b) Royalty Rate The regulation shall establish a reasonable royalty rate for each locatable mineral subject to a royalty under this section that may vary based on the locatable mineral concerned. (c) No Royalty for Federal Land Subject to Existing Permit No royalty under subsection (a) shall be required for production on Federal land that— (1) is subject to an approved plan of operations or an operations permit on the date of the enactment of this Act; and (2) produces valuable locatable minerals in commercial quantities on the date of enactment of this Act. (d) Federal Land Not Subject to Existing Operations Permit Production from any Federal land not specifically approved for mineral extraction under a plan of operations or an operations permit in existence on the date of enactment of this Act shall be subject to the royalty described in subsection (a). (e) Deposit Amounts received by the United States as royalties under this section shall be deposited in the Fund. 202. Royalty relief (a) In general Subject to subsection (b), in order to promote the greatest ultimate recovery pursuant to a mining permit or a plan of operations under which production in commercial quantities has occurred and in the interest of conservation of natural resources, the Secretary may reduce any royalty otherwise required for all or part of a mining operation, on a showing by clear and convincing evidence by the person conducting mineral activities under the operations or mining permit or plan of operations that, without the reduction in royalty, production would not occur. (b) Effective date Any reduction in a royalty provided for by this section shall not be effective until 60 days after the date on which the Secretary— (1) publishes public notice of the royalty reduction; and (2) submits to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives notice and a statement of the reasons for granting the royalty reduction. 203. Enforcement (a) Duties of the Secretary (1) In general The Secretary shall establish a comprehensive inspection, collection, fiscal, and production accounting and auditing system— (A) to accurately determine royalties, interest, fines, penalties, fees, deposits, and other payments owed under this title and section 402; and (B) to collect and account for such payments in a timely manner. (2) Inspections The Secretary shall establish procedures to ensure that authorized and properly identified representatives of the Secretary will inspect at least once annually each mining claim that— (A) is producing or expected to produce a significant quantity of locatable minerals in any year; or (B) has a history of noncompliance with this Act. (b) Duties of claim holders, operators, and transporters (1) Payment of royalties (A) In general A person who is required to make any royalty or other payment under this title or section 402 shall make payment to the United States at such times and in such manner as the Secretary may by rule prescribe. (B) Liability for payments (i) Designees Any person who pays, offsets, or credits funds, makes adjustments, requests and receives refunds, or submits reports with respect to payments another person is required to make shall be considered the designee of the other person under this title or section 402. (ii) Liability A designee shall be liable for any payment obligation under this title or section 402 of any person on whose behalf the designee undertakes the activities described in clause (i). (iii) Pro rata share The person owning an interest in a claim, millsite, or tunnel site, or production from the claim or site, shall be liable for the pro rata share of the person of payment obligations under this title or section 402. (2) Site security (A) In general A person conducting mineral activities shall develop and comply with the site security provisions in the mining permit designed to protect from theft the locatable minerals that are produced or stored on a mining claim. (B) Minimum standards The provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on mining claims. (C) Notification of commencement or resumption of production Not later than the fifth business day after production begins in any place on a mining claim or production resumes after more than 90 days after production ceased or was suspended, the person conducting mineral activities shall notify the Secretary, in the manner prescribed by the Secretary, of the date on which the production has begun or resumed. (c) Recordkeeping and reporting requirements (1) In general A claim holder, operator, or other person directly or indirectly involved in developing, producing, processing, transporting, purchasing, or selling locatable or hardrock minerals, subject to this Act, through the point of first sale, the point of royalty or fee computation, or the point of smelting or other processing, whichever is later, shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this title or section 402 or determining compliance with rules or orders under this title or section 402. (2) Access On the request of any officer or employee duly designated by the Secretary conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information that may be required by this section shall be made available for inspection and duplication by the officer or employee. (3) Duration of recordkeeping requirement (A) In general Records required by the Secretary under this section shall be maintained for 7 years after the records are generated or amended unless the Secretary notifies the claim holder, operator, other person referred to in paragraph (1), or record holder that the Secretary has initiated an audit or investigation involving the records and that the records must be maintained for a longer period. (B) Ongoing audit or investigation In any case in which an audit or investigation is underway, records shall be maintained until the Secretary releases the claim holder, operator, other person referred to in paragraph (1), or record holder subject to the recordkeeping and requirements of this Act of the obligation to maintain the records. (d) Audits The Secretary may conduct such audits of all claim holders, operators, producers, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of locatable or hardrock minerals covered by this Act, as the Secretary considers necessary for the purposes of ensuring compliance with the requirements of this title or section 402. (e) Cooperative agreements (1) In general The Secretary may enter into cooperative agreements with the Secretary of Agriculture— (A) to share information concerning the royalty management of locatable minerals; (B) to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary; and (C) to carry out any other activity described in this section. (2) Access Subject to paragraph (3) and pursuant to a cooperative agreement, the Secretary of Agriculture shall, on request, have access to all royalty or fee accounting information in the possession of the Secretary relating to the production, removal, or sale of locatable minerals from claims on Federal land. (3) Confidential information (A) In general Trade secrets, proprietary information, and other confidential information protected from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), shall be made available by the Secretary to other Federal agencies as necessary to ensure compliance with this Act and other Federal laws. (B) Protection by other Federal officials The Secretary, the Secretary of Agriculture, and other Federal officials shall ensure that information described in subparagraph (A) is provided protection in accordance with section 552 of title 5, United States Code. (f) Interest (1) Definition of underpayment In this subsection, the term underpayment means the difference between the royalty on the value of the production or the fee under section 402 that should have been received by the Secretary and the royalty on the value of the production or the fee under section 402 that was received by the Secretary, if the royalty or fee that should have been received is greater than the royalty or fee that was received. (2) Nonpayment and underpayment (A) Nonpayment In the case of mining claims or operations with respect to which royalty payments or the fee under section 402 are not received by the Secretary by the date that the payments are due, the Secretary shall charge interest on the nonpayment at the rate specified under subparagraph (C). (B) Underpayment In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount, at the rate specified under subparagraph (C). (C) Interest rate In the case of nonpayment or underpayment, interest shall be charged at the rate applicable under section 6621(a)(2) of the Internal Revenue Code of 1986. (g) Expanded royalty obligations Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all locatable minerals lost or wasted from a mining claim located under the general mining laws and maintained in compliance with this Act if the loss or waste is due to negligence on the part of any such person or due to the failure to comply with any rule, regulation, or order issued under this section. (h) Hearings and investigations In carrying out this title and section 402, the Secretary may— (1) conduct any investigation or other inquiry necessary and appropriate; (2) conduct, after notice, any necessary and appropriate hearing or audit under rules prescribed by the Secretary; and (3) administer oaths and issue subpoenas in conducting such proceedings. (i) Civil penalties (1) Failure to comply with applicable law, rules or regulations, or to permit inspection (A) In general Except as provided in subparagraph (B), a person shall be liable for a penalty of up to $500 per violation for each day the violation continues, dating from the date of the notice or report, if the person— (i) after due notice of violation or after the violation has been reported under subparagraph (B)(i), fails or refuses to comply with any requirement of this title or section 402 or any rule or regulation under this title or section 402; or (ii) fails or refuses to permit inspection authorized under this title. (B) Exceptions A penalty under this paragraph may not be applied to any person who is otherwise liable for a violation of subparagraph (A) if— (i) the violation was discovered and reported to the Secretary or the authorized representative of the Secretary by the liable person and corrected within 20 days after the report (or such longer period to which the Secretary may agree); or (ii) after the due notice of violation required under subparagraph (A)(i) has been given to the person by the Secretary or the authorized representative of the Secretary, the person has corrected the violation within 20 days of the notification (or such longer period to which the Secretary may agree). (2) Failure to take corrective action If corrective action is not taken within 40 days (or a longer period to which the Secretary may agree), after due notice or submission of a report referred to in paragraph (1)(A)(i), the person shall be liable for a civil penalty of not more than $5,000 per violation for each day the violation continues, dating from the date of the notice or report. (3) Failure to make payment or to permit lawful entry, inspection, or audit A person shall be liable for a penalty of up to $10,000 per violation for each day the violation continues if the person— (A) knowingly or willfully fails to make any payment of any royalty under this title or fee under section 402 by the date as specified by law (including regulation or order); (B) fails or refuses to permit lawful entry, inspection, or audit; or (C) knowingly or willfully fails to comply with subsection (b)(2)(C). (4) False information; unauthorized removal of locatable mineral A person shall be liable for a penalty of up to $25,000 per violation for each day the violation continues in any case in which the person, in violation of this title or section 402— (A) knowingly or willfully prepares, maintains, or submits false, inaccurate, or misleading reports, notices, affidavits, records, data, or other written information; (B) knowingly or willfully takes or removes, transports, uses or diverts any locatable mineral from any land covered by a mining claim without having valid legal authority to do so; or (C) purchases, accepts, sells, transports, or conveys to another, any locatable mineral knowing or having reason to know that the locatable mineral was stolen or unlawfully removed or diverted. (5) Hearing No penalty under this subsection shall be assessed until the person charged with a violation has been given the opportunity for a hearing on the record. (6) Deduction of penalty from sums owed by United States The amount of any penalty under this subsection, as finally determined, may be deducted from any sums owed by the United States to the person charged. (7) Compromise or reduction of penalties On a case-by-case basis, the Secretary may compromise or reduce civil penalties under this subsection. (8) Notice (A) In general Notice under this subsection shall be by personal service by an authorized representative of the Secretary or by registered mail. (B) Designee for receipt of notice Any person may, in the manner prescribed by the Secretary, designate a representative to receive any notice under this subsection. (9) Reasons on record for amount of penalty In determining the amount of the penalty under this subsection, whether the penalty should be remitted or reduced, and by what amount, the Secretary shall state on the record the reasons for the determinations of the Secretary. (10) Review (A) In general Any person who has requested a hearing in accordance with paragraph (5) within the time the Secretary has prescribed for such a hearing and who is aggrieved by a final order of the Secretary under this subsection may seek review of the order in the United States district court for the judicial district in which the violation allegedly took place. (B) Basis for review Review by the district court shall be only on the administrative record and not de novo. (C) Deadline An action under this paragraph shall be barred unless the action is filed not later than the date that is 90 days after the date of issuance of the final order of the Secretary. (11) Failure to pay penalty (A) In general Subject to subparagraphs (B) and (C), if any person fails to pay an assessment of a civil penalty under this Act, the court shall have jurisdiction to award the amount assessed plus interest from the date of the expiration of the 90-day period referred to in paragraph (10)(C). (B) Application Subparagraph (A) applies— (i) after the order making the assessment has become a final order and if the person does not file a petition for judicial review of the order in accordance with paragraph (10); or (ii) after a court in an action brought under paragraph (10) has entered a final judgment in favor of the Secretary. (C) Order to pay Judgment by the court shall include an order to pay. (j) Criminal penalties Any person who commits an act for which a civil penalty is provided under subsection (i)(4) shall, on conviction, be punished by a fine of not more than $50,000 or by imprisonment for not more than 2 years, or both. (k) Effective date (1) In general Except as provided in section 201(b) with respect to the payment of royalties, the royalty required under section 201 or fee required under section 402 shall take effect with respect to the production of minerals on or after the date of enactment of this Act. (2) Initial production Any royalty payments or fee payments under section 402 attributable to production during the 1-year period beginning on the date of enactment of this Act shall be payable at the expiration of the 1-year period, together with interest at the rate required under subsection (f)(2)(C). (l) Injunction and specific enforcement authority (1) Civil action by attorney general In addition to any other remedy under law, the Attorney General or the designee of the Attorney General may bring a civil action in a district court of the United States, which shall have jurisdiction over such actions— (A) to restrain any violation of this title or section 402; or (B) to compel the taking of any action required by or under this title or section 402. (2) Venue A civil action described in paragraph (1) may be brought only in the United States district court for the judicial district in which the act, omission, or transaction constituting a violation under this title or section 402 occurred, or in which the defendant is found or transacts business. 204. Review (a) In general Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall complete a review and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report addressing collections and impacts of the royalty and fees provided for by this Act. (b) Topics The report shall address— (1) the total revenues received (by category) on an annual basis as— (A) claim maintenance fees; (B) location fees; (C) land use fees; (D) royalties and related payments; and (E) abandoned mine land fees; (2) the disposition of the fees and royalties, including— (A) the amount used for mining law program administration; and (B) the amount used for abandoned mine land reclamation, including allocation by State and Indian Tribe; (3) the effectiveness of the program under this Act in addressing abandoned mine land problems on Federal and non-Federal land; (4) any impact on domestic locatable mineral exploration and production as a result of the fees and royalties; and (5) any recommendations with respect to changes in Federal law (including regulations) relating to the amount or method of collection (including auditing, compliance, and enforcement) of the fees and royalties. III Mineral activities 301. Permits (a) In general Except as provided in section 501(a)(2), no person may engage in mineral activities on Federal land that may cause a disturbance of surface resources, including land, air, water, and fish and wildlife, unless a permit authorizing the activities was issued to the person under this title. (b) Exceptions Notwithstanding subsection (a), a permit under this title shall not be required for mineral activities that are a casual use of the Federal land. (c) No modification Nothing in this section enlarges, diminishes, establishes, repeals, or otherwise modifies any requirement of law that a mining claim, millsite, or tunnel site be valid in order for mineral activities to be undertaken. (d) Coordination with NEPA process To the maximum extent practicable, the Secretary concerned shall conduct the permit processes under this Act in coordination with the timing and other requirements of section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). 302. Exploration permits (a) In general Except as provided in section 501(a)(2), an exploration permit shall be required prior to conducting any exploration activities on Federal land that involve more than the casual use of the Federal land. (b) Limitations An exploration permit under subsection (a) shall not authorize the person to— (1) remove any mineral for sale; or (2) conduct any activity other than an activity required for— (A) exploration for locatable minerals; or (B) reclamation. (c) Requirements To be eligible for an exploration permit, a person shall submit to the Secretary concerned, in a manner prescribed by the Secretary concerned, an application for an exploration permit that contains— (1) an exploration plan demonstrating that— (A) the applicant will operate in accordance with this Act and applicable regulations; (B) the formation of acid mine drainage will be avoided to the maximum extent practicable; and (C) mineral activities will be conducted in a manner that uses best management practices; (2) a description of potential impacts to groundwater and surface water, including appropriate hydrological assessments and analyses, as reasonably required by the Secretary; (3) a reclamation plan for the proposed exploration activity demonstrating that the applicant will conduct reclamation activities in accordance with section 306; (4) evidence of adequate financial assurance in accordance with section 304; (5) the necessary documentation to demonstrate that the proposed exploration activity will comply with applicable Federal and State environmental laws (including regulations); (6) a monitoring and evaluation plan to ensure compliance with reclamation and other requirements of this Act; and (7) any other relevant information determined by the Secretary to be necessary to satisfy the requirements of this Act and other applicable law. (d) Permit issuance (1) Approval (A) In general Subject to subparagraph (B), the Secretary concerned shall approve an application and issue an exploration permit if the Secretary concerned determines that the application is in compliance with— (i) this Act; (ii) any regulations promulgated under this Act; and (iii) any other applicable laws. (B) Conditions The Secretary concerned may reasonably condition the approval of such a permit to satisfy the requirements of this Act and applicable regulations. (2) Denial The Secretary concerned shall deny the issuance of an exploration permit if the Secretary concerned determines that the permit does not meet the requirements of— (A) this Act; (B) any regulations promulgated under this Act; or (C) other applicable laws. (3) Notice Before approving or denying an exploration permit under this subsection, the Secretary concerned— (A) shall provide public notice and an opportunity for written comment; and (B) may hold a public hearing. (e) Modifications to permit (1) In general The permit holder may submit to the Secretary concerned an application to modify an exploration permit. (2) Approval (A) In general In determining whether to approve or disapprove a proposed modification to an exploration permit, the Secretary concerned shall make the same determinations as are required in the case of the original permit. (B) Exceptions Subparagraph (A) shall not apply to minor modifications to an exploration permit or instances in which the nature of the modifications make compliance with the requirements unnecessary, as determined by the Secretary concerned. (3) Modifications from Secretary concerned (A) In general The Secretary concerned may require reasonable modification to any permit on a determination that the requirements of this Act or other applicable law cannot be met if the permit is followed as approved. (B) Requirements for determination A determination under subparagraph (A) shall be— (i) based on a written finding; and (ii) subject to notice and hearing requirements established by the Secretary concerned. 303. Mining permits (a) In general Except as provided in section 501(a)(2), a mining permit shall be required prior to conducting mineral activities on Federal land, other than casual use or exploration on the Federal land. (b) Requirements To be eligible for a mining permit, a person shall submit to the Secretary concerned, in a manner prescribed by the Secretary concerned, an application for a mining permit that contains— (1) a description of the condition of the land and water resources of the area before mining activities are initiated; (2) an operations plan demonstrating that— (A) the applicant will operate in accordance with this Act and applicable regulations; (B) the formation of acid mine drainage will be avoided to the maximum extent practicable; and (C) mineral activities will be conducted in a manner that uses best management practices; (3) a description of potential impacts to groundwater and surface water, including appropriate hydrological assessments and analyses, as reasonably required by the Secretary; (4) a reclamation plan for the proposed mineral activities demonstrating that the applicant will conduct reclamation activities in accordance with section 306; (5) evidence of adequate financial assurance under section 304, including, if required, a trust fund as required under section 304(i); (6) the necessary documentation to demonstrate that the proposed mineral activities will comply with applicable Federal and State environmental laws (including regulations); (7) a monitoring and evaluation plan to ensure compliance with reclamation and other requirements of this Act; and (8) any other relevant information determined by the Secretary concerned to be necessary to satisfy the requirements of this Act and other applicable law. (c) Permit issuance (1) Approval (A) In general Subject to subparagraph (B), the Secretary concerned shall approve a permit application and issue a mining permit if the Secretary concerned determines that the application is in compliance with— (i) this Act; (ii) any regulations promulgated under this Act; and (iii) other applicable laws. (B) Conditions The Secretary concerned may reasonably condition the approval of such a permit to satisfy the requirements of this Act and applicable regulations. (2) Denial The Secretary concerned shall deny the issuance of a mining permit if the Secretary concerned determines that the permit does not meet the requirements of— (A) this Act; (B) any regulations promulgated under this Act; or (C) other applicable laws. (3) Notice Before approving or denying a mining permit under this subsection, the Secretary concerned— (A) shall provide public notice and an opportunity for written comment; and (B) may hold a public hearing. (d) Term of permit; continuation (1) In general An operations permit shall— (A) be for a term of 30 years; and (B) continue for so long thereafter as locatable minerals are produced in commercial quantities from the permit area in compliance with the requirements of this Act and other applicable law. (2) Continuation No permit shall expire because operations or production have ceased pursuant to an approved temporary cessation or been suspended pursuant to any order of, or with the consent of, the Secretary concerned. (e) Modifications to permit (1) Request from permit holder (A) In general A mining permit holder may submit to the Secretary concerned an application to modify the mining permit. (B) Approval (i) In general In determining whether to approve or disapprove a proposed modification to a mining permit, the Secretary concerned shall make the same determinations as are required in the case of an original mining permit. (ii) Exceptions Clause (i) shall not apply to minor modifications to a mining permit or instances in which the nature of the modifications make compliance with the requirements unnecessary, as determined by the Secretary concerned. (2) Modifications from Secretary concerned (A) In general The Secretary concerned may require reasonable modification to any permit on a determination that the requirements of this Act or other applicable law cannot be met if the permit is followed as approved. (B) Requirements for determination A determination under subparagraph (A) shall be— (i) based on a written finding; and (ii) subject to notice and hearing requirements established by the Secretary concerned. (f) Land use fees (1) In general In the case of Federal land included in a mining permit approved under this section after the date of enactment of this Act, or Federal land added pursuant to a modification to a permit or plan of operations if the modification is approved after the date of enactment of this Act, not later than August 31 of each year, the operator shall pay a land use fee in an amount established by the Secretary by regulation that is equal to 4 times the claim maintenance fee imposed section 102(a)(1) for each 20 acres of Federal land that is included within the mine permit area. (2) Additional fee The land use fee imposed under this subsection shall be in addition to the claim maintenance fees imposed under section 102(a). (3) Authorized activities Upon approval by the Secretary concerned of a mining permit and upon payment of the land use fee as required by this subsection, the operator may use and occupy all Federal land within the mine permit area for such uses as are approved in the mining permit if the uses are undertaken in accordance with all applicable law. (4) Adjustment Land use fees imposed under this subsection shall be adjusted as necessary to correspond to any adjustment in the claim maintenance fees imposed under section 102(a). (5) Disposition of funds Any amounts received under this subsection shall be deposited in the Fund. (g) Temporary cessation of operations (1) In general An operator conducting mineral activities under this title may not temporarily cease mineral activities for a period of greater than 180 days unless— (A) the Secretary concerned has approved the temporary cessation; or (B) the temporary cessation is permitted under the exploration or mining permit. (2) Multiple temporary cessations The Secretary concerned may approve more than 1 temporary cessation for mineral activities under a permit. (3) Interim management plan Any operator temporarily ceasing mineral activities shall follow an interim management plan approved by the Secretary concerned. 304. Financial assurances (a) In general Before beginning any mineral activities requiring an exploration or mining permit under this Act, an operator shall provide to the Secretary concerned evidence of a bond, surety, or other financial assurance approved by the Secretary concerned in an amount determined, after public notice and comment, by the Secretary concerned to be sufficient to ensure the completion of reclamation under section 306 and the restoration of any land or water adversely affected by the mineral activities if the work (including any interim stabilization and infrastructure maintenance activities) would be performed by the Secretary concerned (or a third party retained by the Secretary concerned) in the event of forfeiture. (b) Land and water covered The financial assurance shall cover— (1) all land within the initial permit area; (2) all affected water that may require restoration, treatment, or other management as a result of mineral activities; and (3) all land added and water affected pursuant to any permit modification. (c) Review Not later than 3 years after the date on which an operator provides financial assurance in an amount determined under subsection (a) and not later than every 3 years thereafter, the Secretary concerned shall— (1) review the financial assurance to determine if the amount of the financial assurance is adequate for purposes of this section; and (2) if the Secretary concerned determines that the amount of the financial assurance is not adequate, adjust the amount of the financial assurance in accordance with this section. (d) Reduction (1) In general The Secretary concerned may reduce the amount of the financial assurance required if the Secretary concerned determines that a portion of the reclamation is completed in accordance with section 306. (2) Notice Before reducing or releasing the amount of financial assurance pursuant to this subsection, the Secretary concerned shall provide public notice and a reasonable opportunity for public notice and comment in accordance with subsection (g). (e) Incremental financial assurance (1) In general The Secretary concerned may authorize amounts of financial assurance for incremental mineral activities if— (A) no mineral activities are allowed beyond the activities for which financial assurance is provided; (B) the financial assurance for an increment covers all reclamation costs within the permit area for the increment; and (C) the amount and terms of the financial assurance for each increment are reviewed annually. (2) Review Notwithstanding subsection (c), the Secretary concerned shall— (A) review at least on an annual basis the amount and terms of the financial assurance for any increment; and (B) adjust the financial assurance as appropriate. (f) Duration The financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period to cover the responsibility of the operator for reclamation, long-term maintenance, and effluent treatment as specified in subsection (h). (g) Release Subject to subsections (h) and (i), the Secretary concerned may, after public notice and a reasonable opportunity for public comment and after inspection, release in whole or in part the financial assurance required under this section if the Secretary concerned determines that— (1) reclamation covered by the financial assurance has been accomplished as required by this Act and other applicable law; and (2) the terms and conditions of any other applicable Federal and State requirements have been fulfilled. (h) Release of financial assurance for water If the Secretary concerned does not require the establishment of a trust fund or other long-term funding mechanism under subsection (i), the portion of the financial assurance attributable to the estimated cost of treatment of any discharge or other water-related condition resulting from mineral activities shall not be released until the public has been provided notice and an opportunity to comment in accordance with subsection (g) and— (1) the discharge has ceased for a period of at least 5 years, as determined through ongoing monitoring and testing; or (2) if the discharge continues, the operator has met all applicable effluent limitations and water quality standards for a period of at least 5 years. (i) Long-Term financial assurances (1) In general Notwithstanding subsections (d) and (g), if any discharge or other water-related condition resulting from mineral activities requires treatment in order to meet the applicable effluent limitations and water quality standards, the financial assurance shall cover the estimated cost of maintaining the treatment for the period that will be needed after the cessation of mineral activities. (2) Long-term funding mechanisms (A) In general The Secretary concerned shall, if determined necessary by the Secretary concerned, require the operator to establish a trust fund or other funding mechanism to provide financial assurances to ensure the continuation of long-term treatment or other management to achieve water quality standards and for other long-term, post-mining maintenance or monitoring requirements. (B) Amount The amount of funding shall be adequate to provide for construction, long-term operation, maintenance, or replacement of any treatment facilities and infrastructure, for as long as the treatment and facilities are needed after mine closure. (C) Liability Nothing in this paragraph allows any person to transfer any liability arising from mineral activities to any other person. (j) Report (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall conduct a review and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report regarding the sufficiency of financial assurances for locatable minerals activities (including exploration and mining) on Federal land. (2) Topics The report shall address— (A) methods for establishing financial assurances levels; (B) the type, level, and adequacy of financial assurances required for exploration activities; (C) for each mine on Federal land— (i) the dates of approval of any plan of operation or mining permit; (ii) the acreage involved; (iii) the expected life of the mine; (iv) the type, level, and adequacy of financial assurance; and (v) whether the mine is expected to require long-term water treatment or maintenance after mine closure; (D) the effectiveness of various types of financial assurances; and (E) the availability of and costs associated with various types of financial assurances. (3) Recommendations The report shall include any recommendations for modifications to Federal law or applicable regulations to improve the effectiveness of financial assurances for locatable mineral activities described in paragraph (1). 305. Transfer, assignment, or sale of right The Secretary concerned shall approve the transfer, assignment, or sale of rights of an exploration or mining permit only if the successor in interest agrees in writing to assume the liability and reclamation responsibilities (including the financial assurance requirements under section 304 (including applicable regulations)) established by the permit under this Act, without affecting the liability of the transferor under any other law or exploration or mining permit. 306. Operation and reclamation (a) In general The operator shall restore land and water subject to mineral activities carried out under a permit issued under this title to a condition capable of supporting— (1) the uses that the land and water was capable of supporting before surface disturbance by the operator; or (2) other beneficial uses that conform to applicable land use plans (including, if appropriate, the generation of renewable energy), as determined by the Secretary concerned. (b) Timing (1) In general Reclamation activities shall be carried out as contemporaneously as practicable with the conduct of mineral activities. (2) Temporary cessation If mineral activities are ceased for a period other than a temporary cessation as approved by the Secretary concerned, reclamation activities shall begin immediately. (c) Administration of land Notwithstanding section 302(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1732(b) ), the first section of the Act of June 4, 1897 (commonly known as the Organic Act of 1897 ) ( 16 U.S.C. 478 ), or the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ), and in accordance with this title and applicable law, unless expressly stated otherwise in this Act, the Secretary concerned— (1) shall ensure that mineral activities on any Federal land that is subject to a mining claim, millsite claim, or tunnel site claim are carefully controlled to prevent undue degradation of public land and resources; and (2) shall not grant permission to engage in mineral activities if the Secretary concerned, after considering the evidence, makes a determination that undue degradation would result from those activities. (d) Operation and reclamation standards The Secretary and the Secretary of Agriculture shall jointly promulgate regulations that carry out this Act. (e) Relationship to other laws The requirements of this Act shall be in addition to any requirements applicable to mineral activities under— (1) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (2) the National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq. ); and (3) the Act of June 4, 1897 (commonly known as the Organic Act of 1897 ) ( 16 U.S.C. 473–482 , 551). 307. Land open to location Section 202(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712(e) ) is amended— (1) in paragraph (3), by striking removed from or restored to the operation of the Mining Law of 1872, as amended (R.S. 2318–2352; 30 U.S.C. 21 et seq. ) or ; and (2) by adding at the end the following: (4) Review of land (A) Definition of National Conservation System Unit In this paragraph, the term National Conservation System unit means— (i) any unit of— (I) the National Park System; (II) the National Wildlife Refuge System; or (III) the National Wild and Scenic Rivers System; (ii) a National Monument; or (iii) a National Conservation Area. (B) Review Not later than 3 years after the date of enactment of this paragraph, each Secretary concerned, acting through the local Federal land manager, shall, consistent with the respective jurisdiction of each Secretary concerned, undertake and complete a review of— (i) public land designated as a wilderness study area or National Forest System land identified as suitable for wilderness designation; (ii) areas of critical environmental concern; (iii) Federal land in which mineral activities pose a reasonable likelihood of substantial adverse impacts on National Conservation system units; (iv) (I) areas designated for inclusion in the National Wild and Scenic Rivers System pursuant to the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); (II) areas designated for potential addition to the System pursuant to section 5(a) of that Act ( 16 U.S.C. 1276(a) ); and (III) areas determined to be eligible for inclusion in the System pursuant to section 5(d) of that Act ( 16 U.S.C. 1276(d) ); and (v) (I) inventoried roadless areas (as defined in section 294.11 of title 36, Code of Federal Regulations (or successor regulations)); (II) Idaho Roadless Areas (as defined in section 294.21 of title 36, Code of Federal Regulations (or successor regulations)); and (III) Colorado Roadless Areas (as defined in section 294.41 of title 36, Code of Federal Regulations (or successor regulations)). (5) Withdrawals of land (A) In general Subsequent to review in accordance with paragraph (4)(B), in addition to withdrawals made pursuant to section 204 and subject to valid existing rights, tracts of Federal land may, pursuant to this paragraph, be removed from operation of sections 2318 through 2352 of the Revised Statutes (commonly known and referred to in this subsection as the Mining Law of 1872 ) ( 30 U.S.C. 21 et seq. ) if the Secretary, based on the analysis of the local Federal land manager, and in the case of National Forest System land, on the recommendation of the Secretary of Agriculture based on the analysis of the local Federal land manager, determines that the action is appropriate after application of the criteria established under subsection (c). (B) Revision of land use plans The Secretary concerned, acting through the local Federal land manager, shall revise or amend the applicable land use plan, as appropriate, to provide for removal of land, subject to valid existing rights, from operation of the Mining Law of 1872 on a determination by the Secretary under subparagraph (A) that the land should be removed from operation of that Act. (C) Segregation from general mining laws pending completion On a determination by the Secretary that the land should be removed from operation of the Mining Law of 1872, the land shall be immediately segregated from operation of the Mining Law of 1872 until the plan amendment or revision is completed. (D) Completion deadline Any amendment or revision of a land use plan shall be completed not later than 1 year after the date of the determination of the Secretary under subparagraph (A). (6) Petition for review The Governor of a State, the head of an Indian tribe, or an appropriate local government official may petition— (A) the Secretary concerned to direct the local Federal land manager to undertake a review under paragraph (4); and (B) the Secretary to determine whether land within the State should be removed from operation of the Mining Law of 1872, subject to valid existing rights, pursuant to paragraph (5). . 308. State law Any reclamation, environmental, public health protection, bonding, or inspection standard or requirement in State law (including regulations) that meets or exceeds the requirements of this Act shall not be considered to be inconsistent with this Act. 309. Inspection and monitoring (a) Inspections (1) In general The Secretary concerned shall make inspections of mineral activities to ensure compliance with this Act. (2) Timing The Secretary concerned shall establish the frequency of inspections for mineral activities conducted under a permit issued under this Act, with the Secretary concerned requiring not less than 1 complete inspection per calendar quarter. (3) Annual inspections After revegetation has been established in accordance with a reclamation plan, the Secretary concerned shall conduct not less than 2 complete inspections per year. (4) Seasonal activities The Secretary concerned shall have the discretion to modify the inspection frequency for mineral activities that are conducted on a seasonal basis, except that the Secretary concerned shall require not less than 2 complete inspections per calendar year. (5) Financial assurance Inspections shall continue under this subsection until the final release of financial assurance. (b) Monitoring The Secretary concerned shall require all operators— (1) to develop and maintain a monitoring and evaluation system to identify compliance with all requirements of a permit approved under this Act; and (2) to submit such reports as may be required by the Secretary concerned. 310. Tribal consultation (a) In general Consistent with Executive Order 13175 ( 25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments) and all other applicable Federal law, the Secretary concerned shall conduct active, meaningful, and timely consultation with all applicable Indian Tribes prior to undertaking or issuing a permit for any mineral activity that may affect— (1) Indian land; or (2) land that is not Indian land but is— (A) within the exterior boundaries of Indian country (as defined in section 1151 of title 18, United States Code); or (B) land to which an Indian Tribe attaches religious or cultural significance. (b) Timing (1) In general Except as provided in paragraph (2), each consultation required for a mineral activity under subsection (a) shall be completed before— (A) any Federal funds are expended for the mineral activity; and (B) the issuance of any permit for the mineral activity. (2) Exception Paragraph (1) shall not apply to nondestructive project planning for a mineral activity. (c) Requirements The Secretary concerned shall ensure that consultation with an Indian Tribe under this section— (1) provides the Indian Tribe a reasonable opportunity— (A) to identify any concerns of the Indian Tribe; (B) to advise on the identification and evaluation of other areas that potentially would be impacted by the mineral activities, including areas of traditional religious or cultural importance; (C) to articulate the views of the Indian Tribe regarding the direct and indirect effects of the mineral activities on the areas identified and evaluated under subparagraph (B); and (D) to participate in the resolution of any potential adverse effects of the mineral activities; (2) includes consultation with the representatives designated or identified by the Indian Tribe; (3) recognizes that the relationship between the Federal Government and Indian Tribes— (A) is a government-to-government relationship; and (B) is a unique legal relationship, as provided under the Constitution of the United States, treaties, laws, and court decisions; and (4) is conducted in a manner— (A) sensitive to the concerns and needs of the Indian Tribe; and (B) respectful of Tribal sovereignty. (d) Effect Nothing in this section— (1) alters, amends, repeals, interprets, or modifies Tribal sovereignty or the treaty or other rights of any Indian Tribe; or (2) preempts, modifies, or limits the exercise of Tribal sovereignty or the treaty or other rights of any Indian Tribe. IV Hardrock Minerals Reclamation Fund 401. Establishment of Fund (a) Establishment There is established in the Treasury of the United States a separate account, to be known as the Hardrock Minerals Reclamation Fund , consisting of— (1) any amounts authorized to be appropriated to the Fund under subsection (e); (2) any amounts received by the United States under section 101; (3) any amounts collected under section 102 (subject to the requirements of section 102(c)(1)); (4) any amounts donated to the Fund by persons, corporations, associations, and foundations; (5) any amounts collected under section 201; (6) any amounts collected under section 303(e); (7) any amounts collected under section 402; (8) any amounts collected under sections 203 and 502; and (9) any income on investments under subsection (b). (b) Investment (1) In general The Secretary shall notify the Secretary of the Treasury of any portion of the Fund that the Secretary determines is not required to meet current withdrawals. (2) Eligible investments The Secretary of the Treasury shall invest portions of the Fund identified under paragraph (1) in public debt securities with maturities suitable for the needs of the Fund. (3) Interest Investments in public debt securities shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketplace obligations of the United States of comparable maturity. (c) Administration The Fund shall be administered by the Secretary, acting through the Director of the Bureau of Land Management. (d) Use of the fund Without fiscal year limitation and without further appropriation, the Secretary shall use amounts in the Fund to carry out section 40704 of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1245 ). (e) Authorization of appropriations There are authorized to be appropriated to the Fund such sums as are necessary for fiscal year 2023 and each fiscal year thereafter. 402. Abandoned mine land reclamation fee (a) Imposition of fee Each operator of a hardrock minerals mining operation shall pay to the Secretary, for deposit in the Fund, a reclamation fee in an amount established by the Secretary by regulation of not less than 1 percent, and not more than 3 percent, of the value of the production from the hardrock minerals mining operation for each calendar year. (b) Value of production For purposes of this section, the Secretary shall determine the value of production in the same manner as provided under section 201(a). (c) Payment deadline The reclamation fee shall be paid not later than 60 days after the end of each calendar year beginning with the first calendar year occurring after the date of enactment of this Act. (d) Deposit of revenues Amounts received by the Secretary under subsection (a) shall be deposited into the Fund. (e) Effect Nothing in this section requires a reduction in, or otherwise affects, any similar fee required under any law (including regulations) of any State. V Transition rules, administrative provisions, and miscellaneous provisions 501. Transition rules (a) Applicability (1) In general Except as provided in paragraph (2), section 201(b), and section 303(f), the requirements of this Act apply to any mining claim, millsite, or tunnel site located under the general mining laws, before, on, or after the date of enactment of this Act. (2) Preexisting claim If a plan of operations is approved or a notice of operations is filed for mineral activities on any claim or site referred to in paragraph (1) before the date of enactment of this Act— (A) during the 10-year period beginning on the date of enactment of this Act— (i) mineral activities at the claim or site shall be subject to the plan of operations or notice of operations; and (ii) if the Secretary concerned determines that any modifications to the plan of operations are minor, modification may be made in accordance with the laws applicable before the date of enactment of this Act; and (B) the operator shall bring the mineral activities into compliance with this Act (including implementing regulations) by the end of the 10-year period beginning on the date of enactment of this Act. (3) Fees Except as provided in sections 201(b) and 303(f), all fees required to be paid under this Act shall apply beginning on the date of enactment of this Act to— (A) any mining claim, millsite, or tunnel site located under the general mining laws (including production from the claim or site) before, on, or after the date of enactment of this Act; (B) all land covered by a plan of operations or a notice of operations, exploration permit, or mining permit; and (C) with respect to the fee established by section 402, any production on or after the date of enactment of this Act from any hardrock minerals mining operation. (b) Application of Act to beneficiation and processing of non-Federal minerals on Federal land (1) In general This Act (including the surface management and operation requirements of title III) shall apply in the same manner and to the same extent to mining claims, millsites, and tunnel sites used for beneficiation or processing activities for any mineral without regard to whether the legal and beneficial title to the mineral is held by the United States. (2) Applicability This subsection applies only to minerals that— (A) are locatable minerals; or (B) would be locatable minerals if the legal and beneficial title to the minerals were held by the United States. 502. Enforcement (a) Orders (1) Notice of violation (A) In general If the Secretary concerned determines that any person is in violation of any surface management or operation requirement under title III or any regulation promulgated to carry out such a requirement or any permit condition required pursuant to title III, the Secretary concerned shall provide to the person a notice that describes the violation and any necessary corrective actions. (B) Abatement period (i) In general Subject to clause (ii), a person that receives notice under subparagraph (A) shall have not more than 90 days after the date of receipt of the notice to abate the violation. (ii) Extension The Secretary concerned may extend the period described in clause (i) if the person shows good cause for the extension, as determined by the Secretary concerned. (2) Cessation order (A) In general The Secretary concerned shall immediately order a cessation of mineral activities if the Secretary concerned determines that any condition or practice exists, or any person is in violation of any requirement of a permit approved, or notice of operations submitted, under this Act, that is causing, or can reasonably be expected to cause— (i) an imminent danger to the health or safety of the public; or (ii) significant, imminent harm to land, air, water, or fish or wildlife resources. (B) Requirements (i) In general A cessation order issued under subparagraph (A) shall remain in effect until the Secretary concerned— (I) determines that the condition, practice, or violation has been abated; or (II) modifies, vacates, or terminates the cessation order. (ii) Abatement In any cessation order issued under subparagraph (A), the Secretary concerned shall— (I) identify the steps necessary to abate the violation in the most expeditious manner practicable; and (II) require appropriate financial assurances to ensure that the abatement obligations are met. (C) Enforcement (i) In general If the required abatement has not been completed by the date that is 30 days after the date on which an order is issued under subparagraph (A), the Secretary concerned shall bring against the person failing to complete the abatement an enforcement action that is most likely to bring about abatement in the most expeditious manner practicable, including seeking appropriate injunctive relief to bring about abatement. (ii) Effect Nothing in this subparagraph precludes the Secretary concerned from taking alternative enforcement action before the date described in clause (i). (3) Modifications The Secretary concerned may modify, vacate, or terminate any notice or order issued under paragraph (1) or (2). (4) Forfeiture (A) In general If a person fails to abate a violation or defaults on the terms of the permit, the Secretary concerned shall forfeit the financial assurance for the permit as necessary to ensure abatement and reclamation under this Act. (B) Alternatives The Secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with the approved permit and applicable law instead of forfeiture. (C) Liability In the event of forfeiture, the claim holder or operator, or a subsidiary, parent company, corporation, or partner of the claim holder, or operator shall be jointly and severally liable for any remaining reclamation obligations under this Act. (b) Civil penalties (1) In general Subject to paragraph (2), any person that violates any surface management or operation requirement under title III, any regulation promulgated to carry out such a requirement, or any permit condition required pursuant to title III may be assessed a civil penalty by the Secretary concerned. (2) Cessation order If the violation leads to the issuance of a cessation order under subsection (a)(2), the Secretary concerned shall assess the civil penalty. (3) Maximum amount The penalty shall not exceed $5,000 for each violation. (4) Continuing violations Each day of continuing violation may be considered a separate violation for purposes of penalty assessments. (5) Factors affecting amount In determining the amount of the penalty for a violation by a person, the Secretary concerned shall consider— (A) the history of the person of previous violations; (B) the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; (C) whether the person was negligent; and (D) the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation. (6) Corporate liability If a corporate permittee is in violation of a requirement of any surface management or operations requirement under title III of this Act, any regulation promulgated to carry out such a requirement, or any permit condition required pursuant to title III, or fails or refuses to comply with a notice or an order issued under subsection (a), any director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be subject to civil penalties, fines, and imprisonment that may be imposed under a person under this subsection, subsection (d) or (e). (c) Administrative review (1) Compliance order Any person issued a notice of violation or a cessation order under subsection (a) may apply to the Secretary concerned for review of the notice or order by the date that is not later than 30 days after receipt of the notice or order. (2) Civil penalty Any person who is subject to a civil penalty assessed by the Secretary concerned under this section may apply to the Secretary concerned for review of the penalty by the date that is not later than 30 days after the date on which the person receives notice of the penalty. (3) Hearing The Secretary concerned shall provide an opportunity for a hearing on the record subject to section 554 of title 5, United States Code, at the request of any person that is— (A) issued a notice of violation under subsection (a)(1); (B) issued a cessation order under subsection (a)(2); or (C) subject to civil penalties under subsection (b). (d) Civil action (1) In general The Secretary concerned may submit to the Attorney General a request to bring a civil action for relief, including a permanent or temporary injunction or restraining order and the imposition of civil penalties, in any appropriate district court of the United States, if a person— (A) violates, fails, or refuses to comply with any notice or order issued by the Secretary concerned under subsection (a); or (B) interferes with, hinders, or delays the Secretary concerned in carrying out an inspection under section 309. (2) Relief (A) In general The court hearing a civil action brought under paragraph (1) shall have the jurisdiction to provide any relief that the court determines to be appropriate. (B) Review Any relief granted by the court to enforce an order under paragraph (1) shall continue in effect until the date on which all proceedings for review of the order are completed or terminated unless the court granting the relief sets the relief aside. (e) Criminal penalties (1) False statements; tampering (A) In general A person shall, on conviction, be punished by a fine of not more than $25,000, imprisonment for not more than 1 year, or fine and imprisonment if the person willfully and knowingly— (i) makes any false material statement, representation, or certification in, omits or conceals material information from, or unlawfully alters, any mining claim, notice of location, application, record, report, plan, or other document filed or required to be maintained under this Act; or (ii) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained under this Act. (B) Second violation If a conviction of a person under subparagraph (A) is for a violation committed after a first conviction of the person under that subparagraph, punishment shall be by a fine of not more than $50,000, imprisonment of not more than 2 years, or fine and imprisonment. (2) Knowing violations (A) In general A person shall, on conviction, be punished by a fine of not more than $25,000, imprisonment for not more than 1 year, or both if the person willfully and knowingly— (i) engages in mineral activities without a permit if required under section 302 or 303; or (ii) violates any surface management or operation requirement under title III (including any regulation promulgated to carry out the requirement) or any requirement, condition, or limitation of a permit issued under this Act. (B) Second violation If a conviction of a person under subparagraph (A) is for a violation committed after the first conviction of the person under that subparagraph, punishment shall be a fine of not more than $50,000, imprisonment of not more than 2 years, or both. (f) Delegation Notwithstanding any other provision of law, the Secretary may use personnel of the Office of Surface Mining Reclamation and Enforcement or the Bureau of Land Management to ensure compliance with this Act. 503. Judicial review (a) Rulemaking (1) In general The following shall be subject to judicial review only in the United States Court of Appeals for the District of Columbia: (A) Any final action by the Secretary concerned in promulgating regulations to carry out this Act. (B) Any other final actions considered to be a rulemaking to carry out this Act. (2) Deadline A petition for review of any action subject to judicial review under paragraph (1) shall be filed not later than 60 days after the date of the action unless the petition is based solely on grounds arising after the 60-day period. (b) Final agency action Except as provided in subsection (a), final agency action under this Act shall be subject to judicial review in the district courts of the United States in accordance with section 1391 of title 28, United States Code. 504. Uncommon varieties (a) Determinations Section 3 of the Act of July 23, 1955 ( 30 U.S.C. 611 ), is amended— (1) by striking Sec. 3. No deposit and inserting the following: 3. Common varieties of mineral materials (a) In general No deposit ; (2) in the first sentence— (A) by inserting mineral materials, including after varieties of ; and (B) by striking or cinders and inserting cinders, and clay ; (3) by striking Common varieties as used in this Act does not and inserting the following: (c) Definitions In this Act: (1) Common varieties The term common varieties does not ; (4) by striking Petrified wood as used in this Act means and inserting the following: (2) Petrified wood The term petrified wood means ; and (5) by inserting after subsection (a) the following: (b) Disposal of mineral materials (1) Definition of valid existing rights In this subsection, the term valid existing rights means rights to a mining claim located for any mineral material that— (A) had and still has some property giving mineral material the distinct and special value referred to in this section or, as the case may be, met the definition of block pumice referred to in subsection (c)(1); (B) was properly located and maintained under the general mining laws prior to the date of enactment of this subsection; (C) was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws as in effect immediately prior to the date of enactment of this subsection; and (D) continues to be valid under this Act. (2) Disposal Subject to valid existing rights, effective beginning on the date of enactment of this subsection, notwithstanding the references to the term common varieties in this section and to the exception to the term relating to a deposit of materials with some property giving it distinct and special value, all deposits of mineral materials referred to in this section (including the block pumice referred to in subsection (c)(1)) shall be subject to disposal only under the terms and conditions of the Act of July 31, 1947 (commonly known as the Materials Act of 1947 ) ( 30 U.S.C. 601 et seq. ). . (b) Conforming amendment The first section of the Act of July 31, 1947 (commonly known as the Materials Act of 1947 ) ( 30 U.S.C. 601 ), is amended in the first sentence by striking common varieties of . 505. Review of uranium development on Federal land (a) Definition of Federal land In this section, the term Federal land means land administered by the Secretary or the Secretary of Agriculture. (b) Review (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall enter into an arrangement under which the National Academy of Sciences shall conduct a study of uranium development on Federal land. (2) Matters to be addressed The study shall describe and analyze— (A) the laws applicable to the development of uranium on Federal land and the agencies responsible for administering and enforcing those laws; (B) the requirements relating to the development of uranium under sections 2318 through 2352 of the Revised Statutes (commonly known and referred to in this section as the Mining Law of 1872 ) ( 30 U.S.C. 21 et seq. ); (C) the requirements relating to the development of uranium under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ); (D) the uranium leasing program administered by the Department of Energy under that Act; (E) the requirements relating to the approval of uranium in-situ leasing recovery and the licensing process required by the Nuclear Regulatory Commission; (F) the efficacy of bonds or other forms of financial surety in ensuring the reclamation of Federal land and associated waters impacted by the development of uranium; and (G) the efficacy of Federal law in protecting public health and safety and the environment from impacts due to the development of uranium on Federal land. (c) Recommendations The study shall— (1) analyze the effectiveness of current Federal requirements applicable to the exploration, development, and production of uranium on Federal land in allowing for the production of uranium while ensuring protection of public health and safety and the environment; and (2) make recommendations as to changes, if any, to Federal law (including regulations) and agency procedures relating to the development of uranium resources on Federal land to allow for the production of uranium while ensuring protection of public health and safety and the environment, including specific recommendations on whether— (A) future development of uranium on Federal land should be— (i) removed from operation of the Mining Law of 1872; and (ii) subject to leasing; (B) additional requirements (including additional financial assurances or fees) should be applicable to ensure reclamation of uranium mine sites, including abandoned uranium mine sites; and (C) whether additional land should be withdrawn from location and entry of uranium mining claims by the Secretary. (d) Completion of study The National Academy of Sciences shall— (1) not later than 18 months after the date of enactment of this Act, submit the findings and recommendations of the study to the Secretary and the Secretary of Agriculture; and (2) on completion of the study, make the results of the study available to the public. (e) Report Not later than 180 days after receiving the results of the study, the Secretary, in consultation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on— (1) the findings and recommendations of the study; (2) the agreement or disagreement of the Secretaries with each of the findings and recommendations of the study; and (3) (A) a plan and timeframe for implementing those recommendations of the study that do not require legislation; or (B) if the Secretary declines to implement a recommendation, the justification for declining to implement the recommendation. 506. Effect (a) Special application of general mining laws (1) In general Nothing in this Act repeals or modifies any Federal law (including regulations), order, or land use plan in effect before the date of enactment of this Act that prohibits or restricts the application of the general mining laws, including laws that provide for special management criteria for operations under the general mining laws as in effect before the date of enactment of this Act, and laws that provide protections of natural and cultural resources and the environment that are equal to or greater than the protections required under this Act. (2) Existing laws Any law described in paragraph (1) shall remain in force and effect with respect to claims and sites located or proposed to be located under this Act. (3) Mineral investigations Nothing in this Act applies to or limits mineral investigations, studies, or other mineral activities conducted by any Federal or State agency acting in a governmental capacity under other authorities. (b) Environmental laws Nothing in this Act affects or limits any assessment, investigation, evaluation, or listing under— (1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); or (2) the Solid Waste Disposal Act ( 42 U.S.C. 3251 et seq. ). (c) Effect on general mining laws (1) In general This Act supersedes the general mining laws, except for the provisions of the general mining laws relating to the location of mining claims that are not expressly modified by this Act. (2) Limitation Nothing in this Act supersedes, modifies, amends, or repeals any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act, other than the general mining laws. | https://www.govinfo.gov/content/pkg/BILLS-117s4083is/xml/BILLS-117s4083is.xml |
117-s-4084 | II 117th CONGRESS 2d Session S. 4084 IN THE SENATE OF THE UNITED STATES April 26, 2022 Mr. Luján (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 support the lab-embedded entrepreneurship program under the Department of Energy, and for other purposes.
1. Short title This Act may be cited as the Leveraging our National Laboratories to Develop Tomorrow’s Technology Leaders Act of 2022 . 2. Lab-embedded entrepreneurship program (a) Definitions In this section: (1) Covered program The term covered program means a program described in subsection (c). (2) Eligible entity (A) In general The term eligible entity means— (i) a National Laboratory; and (ii) an entity described in subparagraph (B) in partnership with a National Laboratory. (B) Entity described An entity referred to in subparagraph (A)(ii) is— (i) a nonprofit organization; (ii) an institution of higher education; and (iii) any other entity that the Secretary determines appropriate. (3) Entrepreneurial fellow The term entrepreneurial fellow means an individual participating in a covered program. (4) 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 ). (5) Program The term program means the Lab-Embedded Entrepreneurship Program authorized under subsection (b). (6) Secretary The term Secretary means the Secretary of Energy. (b) Program The Secretary shall establish a program, to be known as the Lab-Embedded Entrepreneurship Program , under which the Secretary shall award grants to eligible entities for the purpose of establishing or maintaining a covered program. (c) Covered programs An eligible entity receiving a grant under the program shall use the grant funds to establish or maintain a lab-embedded entrepreneurship program to provide entrepreneurial fellows with access to National Laboratory research facilities, expertise, and mentorship— (1) to perform research and development; and (2) to gain expertise that may be required or beneficial for the commercial application of research ideas. (d) Entrepreneurial fellows (1) In general In participating in a covered program, an entrepreneurial fellow shall be provided by an eligible entity with— (A) opportunities for entrepreneurial training, professional development, and exposure to leaders from academia, industry, government, and finance, who may serve as advisors to or partners of an entrepreneurial fellow; (B) financial and technical support for research, development, and commercial application activities; (C) fellowship awards to cover costs of living, health insurance, and travel stipends for the duration of the fellowship; (D) market and customer discovery opportunities; (E) engagement with external stakeholders; and (F) any other resources determined appropriate by the Secretary. (2) Priority In carrying out a covered program, an eligible entity shall give priority to supporting entrepreneurial fellows with respect to professional development and development of a relevant technology. (3) Intellectual property In participating in a covered program, an entrepreneurial fellow shall retain all rights relating to intellectual property developed by the entrepreneurial fellow through activities carried out under the covered program. (e) Partnerships An eligible entity described in subparagraph (A)(i) of subsection (a)(2) that receives a grant under the program may carry out a covered program in partnership with 1 or more entities described in subparagraph (B) of that subsection. (f) Metrics The Secretary shall develop metrics to assess the effectiveness of each covered program in achieving the purposes of the program. (g) Coordination; interagency collaboration The Secretary shall— (1) oversee the planning and coordination of grants awarded under the program; and (2) collaborate with other Federal agencies, including the Department of Defense, regarding opportunities for Federal agencies to partner with covered programs. (h) Best practices The Secretary shall identify and disseminate to eligible entities best practices for achieving the purposes of the program. (i) Assessments; reports Not later than 4 years after the date of enactment of this Act, and not less frequently than biennially thereafter, the Secretary shall— (1) conduct an assessment of each covered program based on the metrics developed under subsection (f); and (2) 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 summarizing the findings of those assessments. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s4084is/xml/BILLS-117s4084is.xml |
117-s-4085 | II 117th CONGRESS 2d Session S. 4085 IN THE SENATE OF THE UNITED STATES April 26, 2022 Ms. Duckworth (for herself, Mrs. Feinstein , Mr. Whitehouse , Ms. Hirono , Mr. Blumenthal , Mr. Bennet , Mr. Brown , Mr. Murphy , Ms. Smith , Mr. Van Hollen , Mr. Wyden , Mr. Casey , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the National Voter Registration Act of 1993 to require each State to implement a process under which individuals who are 16 years of age may apply to register to vote in elections for Federal office in the State, to direct the Election Assistance Commission to make grants to States to increase the involvement of minors in public election activities, and for other purposes.
1. Short title This Act may be cited as the Pre-Registration Of Voters Everywhere Act or the PROVE Act . 2. Pre-registration of minors for voting in Federal elections (a) Requiring Implementation of Process The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) is amended by inserting after section 8 the following new section: 8A. Pre-registration process for minors (a) Requiring Implementation of Pre-Registration Process Each State shall implement a process under which— (1) an individual who is a resident of the State may apply to register to vote in elections for Federal office in the State at any time after the individual turns 16 years of age; and (2) if the individual is not 18 years of age or older at the time the individual applies under paragraph (1) but would be eligible to vote in such elections if the individual were 18 years of age, the State shall ensure that the individual is registered to vote in elections for Federal office in the State that are held on or after the date on which the individual turns 18 years of age. (b) Permitting Availability of Process for Younger Individuals A State may, at its option, make the process implemented under subsection (a) available to individuals who are younger than 16 years of age. . (b) Effective Date The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period that begins on the date of the enactment of this Act. 3. Grants to states for activities to encourage involvement of minors in election activities (a) Grants (1) In general The Election Assistance Commission (hereafter in this section referred to as the Commission ) shall make grants to eligible States to enable such States to carry out a plan to increase the involvement of individuals under 18 years of age in public election activities in the State. (2) Contents of plans A State’s plan under this subsection shall include— (A) methods to promote the use of the pre-registration process implemented under section 8A of the National Voter Registration Act of 1993 (as added by section 2(a)); (B) modifications to the curriculum of secondary schools in the State to promote civic engagement; and (C) such other activities to encourage the involvement of young people in the electoral process as the State considers appropriate. (b) Eligibility A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the State’s plan under subsection (a); (2) a description of the performance measures and targets the State will use to determine its success in carrying out the plan; and (3) such other information and assurances as the Commission may require. (c) Period of Grant; Report (1) Period of grant A State receiving a grant under this section shall use the funds provided by the grant over a 2-year period agreed to between the State and the Commission. (2) Report Not later than 6 months after the end of the 2-year period agreed to under paragraph (1), the State shall submit to the Commission a report on the activities the State carried out with the funds provided by the grant, and shall include in the report an analysis of the extent to which the State met the performance measures and targets included in its application under subsection (b)(2). (d) State Defined In this section, the term State means each of the several States and the District of Columbia. (e) Authorization of Appropriations There are authorized to be appropriated for grants under this section $25,000,000, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s4085is/xml/BILLS-117s4085is.xml |
117-s-4086 | II 117th CONGRESS 2d Session S. 4086 IN THE SENATE OF THE UNITED STATES April 26, 2022 Ms. Rosen (for herself 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 to better enable plan sponsors to implement beneficial plan features.
1. Short title This Act may be cited as the Increasing Small Business Retirement Choices Act . 2. Findings Congress finds as follows: (1) Retirement plan sponsors engage advisors to assist in administering their retirement plans. Such advisors and other service providers are paid via monthly or annual retainers to advise on plan administration or the investment fund lineup. Such retainers are charged to the retirement plan. (2) Other, incidental expenses incurred related to plan design, may not be charged to the plan because they are deemed settlor functions. For example, if a plan sponsor were to inquire about a beneficial plan design feature, such as automatic enrollment and reenrollment or automatic escalation, the advisor or other service provider would bill the employer a separate amount that could not be charged back to the plan. Because these inquires result in additional costs, many employers—especially small employers—choose to forego these incidental plan design features, even when they might generate tremendous benefits for their employees. (3) According to the 2021 Plan Sponsor Council of America’s Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. Small employers need additional resources to improve their retirement plan design. 3. Facilitating the implementation of beneficial plan features (a) Plan assets Section 403(c)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1103(c)(1) ) is amended by inserting (including incidental expenses solely for the benefit of the participants and their beneficiaries) before the period. (b) Fiduciary standard of care Section 404(a)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a)(1)(A)(ii) ) is amended by inserting (including incidental expenses solely for the benefit of the participants and their beneficiaries) before the semicolon. | https://www.govinfo.gov/content/pkg/BILLS-117s4086is/xml/BILLS-117s4086is.xml |
117-s-4087 | II 117th CONGRESS 2d Session S. 4087 IN THE SENATE OF THE UNITED STATES April 26, 2022 Mrs. Murray (for herself, Ms. Smith , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require pension plans that offer participants and beneficiaries the option of receiving lifetime annuity payments as lump sum payments, to meet certain notice and disclosure requirements.
1. Short title This Act may be cited as the Information Needed for Financial Options Risk Mitigation Act or the INFORM Act . 2. Notice and disclosure requirements with respect to lump sum windows (a) In general Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended by adding at the end the following: 112. Notice and disclosure requirements with respect to lump sum windows (a) In general A plan sponsor of a pension plan that amends the plan to provide a period of time during which a participant or beneficiary may elect to receive a lump sum under clause (i) of section 401(a)(9)(A)(i) of the Internal Revenue Code of 1986, instead of future monthly payments under clause (ii) of such section, shall provide notice— (1) to each participant or beneficiary offered such lump sum amount, in the manner in which the participant and beneficiary receives the lump sum offer from the plan sponsor, not later than 90 days prior to the first day on which the participant or beneficiary may make an election with respect to such lump sum; and (2) to the Secretary and the Pension Benefit Guaranty Corporation, not later than 30 days prior to the first day on which participants and beneficiaries may make an election with respect to such lump sum. (b) Notice to participants and beneficiaries (1) Content The notice required under subsection (a)(1) shall include the following: (A) Available benefit options, including the estimated monthly benefit that the participant or beneficiary would receive at normal retirement age, whether there is a subsidized early retirement option or qualified joint and survivor annuity that is fully subsidized (in accordance with section 417(a)(5) of the Internal Revenue Code of 1986), the monthly benefit amount if payments begin immediately, and the lump sum amount available if the participant or beneficiary takes the option. (B) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (C) In a manner consistent with the manner in which a written explanation is required to be given under 417(a)(3) of the Internal Revenue Code of 1986, the relative value of the lump sum option for a terminated vested participant compared to the value of— (i) the single life annuity, (or other standard form of benefit); and (ii) the qualified joint and survivor annuity (as defined in section 205(d)(1)); (D) Whether it would be possible to replicate the plan’s stream of payments by purchasing a comparable retail annuity using the lump sum. (E) The potential ramifications of accepting the lump sum, including longevity risks, loss of protections guaranteed by the Pension Benefit Guaranty Corporation (with an explanation of the monthly benefit amount that would be protected by the Pension Benefit Guaranty Corporation if the plan is terminated with insufficient assets to pay benefits), loss of protection from creditors, loss of spousal protections, and other protections under this Act that would be lost. (F) General tax rules related to accepting a lump sum, including rollover options and early distribution penalties with a disclaimer that the plan does not provide tax, legal, or accounting advice, and a suggestion that participants and beneficiaries consult with their own tax, legal, and accounting advisors before determining whether to accept the offer. (G) How to accept or reject the offer, the deadline for response, and whether a spouse is required to consent to the election. (H) Contact information for the point of contact at the plan sponsor for participants and beneficiaries to get more information or ask questions about the options. (2) Plain language The notice under this subsection shall be written in a manner calculated to be understood by the average plan participant. (3) Model notice The Secretary shall issue a model notice for purposes of the notice under subsection (a)(1), including for information required under subparagraphs (C) through (F) of paragraph (2). (c) Notice to the Secretary and Pension Benefit Guaranty Corporation The notice required under subsection (a)(2) shall include the following: (1) The total number of participants and beneficiaries eligible for such lump sum option. (2) The length of the limited period during which the lump sum is offered. (3) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (4) A sample of the notice provided to participants and beneficiaries under subsection (b). (d) Post-Offer report to the Secretary and Pension Benefit Guaranty Corporation Not later than 90 days after the conclusion of the limited period during which participants and beneficiaries in a plan may accept a plan’s offer to convert their annuity into a lump sum as generally permitted under section 401(a)(9) of the Internal Revenue Code of 1986, a plan sponsor shall submit a report to the Secretary and the Director of the Pension Benefit Guaranty Corporation that includes the number of participants and beneficiaries who accepted the lump sum offer and such other information as the Secretary may require. (e) Public availability The Secretary shall make the information provided in the notice to the Secretary required under subsection (a)(2) and in the post-offer reports submitted under subsection (d)(1) publicly available in a form that protects the confidentiality of the information provided. (f) Guidance and regulations The Secretary— (1) not later than 180 days after the date of enactment of this section, shall issue guidance and model notices for plan sponsors to use in providing the notice described in subsection (b); and (2) may promulgate such other regulations as may be necessary to carry out this section. (g) Biannual report Not later than 6 months after the date of enactment of this section and every 6 months thereafter, so long as the Secretary has received notices and post-offer reports under subsections (c) and (d), the Secretary shall submit to Congress a report that summarizes such notices and post-offer reports during the applicable reporting period. . (b) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 111 the following new item: Sec. 112. Notice and disclosure requirements with respect to lump sum windows. (c) Enforcement Section 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ) is amended— (1) in subsection (c)(1), by striking or section 105(a) and inserting , section 105(a), or section 112(a) ; and (2) in subsection (a)(4), by striking 105(c) and inserting section 105(c) or 112(a) . (d) Effective date The amendments made by subsections (a), (b), and (c) shall take effect on the date of enactment of this Act. (e) Regulatory authority Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury and the Secretary of Labor shall jointly issue regulations to implement section 112 of the Employee Retirement Income Security Act of 1974, as added by subsection (a). Such regulations shall require plan sponsors to comply in good faith with the regulations beginning not later than 1 year after issuance of a final rule with respect to subsections (a)(1) and (b) of such section 112, and beginning not later than 6 months after issuance of a final rule with respect to subsections (a)(2), (c), (d), and (e) of such section 112. | https://www.govinfo.gov/content/pkg/BILLS-117s4087is/xml/BILLS-117s4087is.xml |
117-s-4088 | II Calendar No. 356 117th CONGRESS 2d Session S. 4088 IN THE SENATE OF THE UNITED STATES April 26, 2022 Mr. Cruz introduced the following bill; which was read the first time April 27, 2022 Read the second time and placed on the calendar A BILL To prohibit the Secretary of Health and Human Services from lessening the stringency of, and to prohibit the Secretary of Homeland Security from ceasing or lessening implementation of, the COVID–19 border health provisions through the end of the COVID–19 pandemic, and for other purposes.
1. Short title This Act may be cited as the Protecting Americans from Unnecessary Spread upon Entry from COVID–19 Act of 2022 or the PAUSE Act of 2022 . 2. Maintaining the stringency of COVID–19 border health provisions through the end of the pandemic (a) HHS The Secretary of Health and Human Services shall not remove, or lessen the stringency of, the COVID–19 border health provisions unless and until— (1) the public health emergency declared for COVID–19 under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), including renewals thereof, is no longer in effect; (2) the public health emergencies declared for COVID–19 by all States, including renewals thereof, are no longer in effect; and (3) the Director of the Centers for Disease Control and Prevention reduces the travelers’ health risk level for introducing, transmitting, and spreading COVID–19 in or from Canada and Mexico to Level 1. (b) Homeland Security The Secretary of Homeland Security shall not cease or lessen the implementation of the COVID–19 border health provisions unless and until each of the conditions listed in subsection (a) is met. (c) Definition In this section, the term COVID–19 border health provisions means the restrictions established under part G of title III of the Public Health Service Act ( 42 U.S.C. 264 et seq. ; relating to quarantine and inspection) to prevent the introduction, transmission, or spread of COVID–19 from one or more foreign countries into the United States, including the order titled Order under Sections 362 & 365 of the Public Health Service Act ( 42 U.S.C. 265 , 268): Order Suspending the Right To Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists issued by the Director of the Centers for Disease Control and Prevention on October 13, 2020.
April 27, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4088pcs/xml/BILLS-117s4088pcs.xml |
117-s-4089 | II 117th CONGRESS 2d Session S. 4089 IN THE SENATE OF THE UNITED STATES April 26, 2022 Mr. Durbin introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To restore entitlement to educational assistance under Veterans Rapid Retraining Program in cases of a closure of an educational institution or a disapproval of a program of education, and for other purposes.
1. Short title This Act may be cited as the Veterans Rapid Retraining Assistance Program Restoration and Recovery Act of 2022 . 2. Restoration of entitlement under Veterans Rapid Retraining Assistance Program (a) In general Section 8006 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), as amended by the Training in High-demand Roles to Improve Veteran Employment Act ( Public Law 117–16 ), is further amended— (1) by redesignating subsection (n) as subsection (o); and (2) by inserting after subsection (m), the following new subsection (n): (n) Effects of closure of an educational institution or disapproval of a program of education (1) In general Any payment of retraining assistance under subsection (d)(1) shall not be charged against any entitlement to retraining assistance described in subsection (a) if the Secretary determines that an individual was unable to complete a course or program of education as a result of — (A) the closure of an educational institution; or (B) the disapproval of a program of education by the State approving agency or the Secretary when acting in the role of the State approving agency. (2) Period not charged The period for which, by reason of this subsection, retraining assistance is not charged shall be equal to the full amount of retraining assistance provided for enrollment in the program of education. (3) Halt of payments to certain educational institutions In the event of a closure or disapproval, as described in paragraph (1), the educational institution shall not receive any further payments under subsection (d). (4) Recovery of funds In the event of a closure or disapproval, as described in paragraph (1), any payment already made under subsection (d) to the educational institution shall be considered an overpayment and constitute a liability of such institution to the United States. . (b) Conforming amendment In subsection (b)(3) of such section, strike the period and insert , except for an individual described in subsection (n). . (c) Effective date The amendments made by this section shall apply as if included in the American Rescue Plan Act of 2021 ( Public Law 117–2 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4089cps/xml/BILLS-117s4089cps.xml |
117-s-4090 | II 117th CONGRESS 2d Session S. 4090 IN THE SENATE OF THE UNITED STATES April 26, 2022 Mr. Durbin (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve transparency and the availability of information regarding dietary supplements by amending the Federal Food, Drug, and Cosmetic Act to require manufacturers of dietary supplements to list dietary supplements with the Food and Drug Administration.
1. Short title This Act may be cited as the Dietary Supplement Listing Act of 2022 . 2. Regulation of dietary supplements (a) In general Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) is amended by inserting after section 403C of such Act the following: 403D. Dietary supplement listing requirement (a) In general Each dietary supplement shall be listed with the Secretary in accordance with this section. (b) Listing submissions (1) In general Each responsible person, or, if the responsible person is a foreign entity, the United States agent, shall submit to the Secretary in accordance with this section the following information for each dietary supplement that will be marketed: (A) Any proprietary name of the dietary supplement and the statement of identity, including brand name and specified flavors, if applicable. (B) The full name, address, and telephone number for the responsible person, and the name and e-mail address of the owner, operator, or agent in charge of the responsible person. (C) The full name, address, telephone number, and e-mail address for the United States agent, if the responsible person is a foreign entity. (D) The full business name and address of all locations at which the responsible person manufactures, packages, labels, or holds the dietary supplement. (E) An electronic copy of the label for the dietary supplement, and an electronic copy of the package insert, if any. (F) A list of all ingredients in the dietary supplement required to appear on the label under sections 101.4 and 101.36 of title 21, Code of Federal Regulations, including— (i) the amount per serving of each listed ingredient, if such information is required to appear on the label; and (ii) if required by section 101.36 of title 21, Code of Federal Regulations, the percent of the daily value of each listed ingredient. (G) The number of servings per container for each container size. (H) The conditions of use. (I) Warnings and precautions. (J) Statements regarding major food allergens, as defined in section 201(qq) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(qq) ). (K) The dosage form, such as pill, capsule, liquid, or powder. (L) Any claim that— (i) characterizes the relationship of any nutrient which is of the type required by section 403(q)(1) or section (q)(2) to be in the label or labeling of the food to a disease or a health-related condition; or (ii) is subject to notification under section 403(r)(6) that appears in the supplement’s labeling. (M) The unique dietary supplement identifier for the product, provided in accordance with paragraph (3). (2) Format A listing submitted under this section shall be in such electronic form and manner as the Secretary may prescribe. The Secretary shall promptly confirm, electronically, receipt of a complete listing under this section. (3) Unique listing identification numbers (A) In general The Secretary shall establish a unique dietary supplement identifier system that shall be used by the responsible person under this section. (B) Reservation of numbers The system shall allow a responsible person to reserve multiple dietary supplement identifier numbers in advance of listing. (C) Use requirement Any unique dietary supplement identifier shall be used only in connection with the product for which the identifier was used during the listing process. (4) Submission dates A responsible person under this section shall report to the Secretary the listing information described in paragraph (1) pursuant to the following timelines: (A) In general (i) Existing dietary supplements In the case of a dietary supplement that is being offered in interstate commerce on the date that is 18 months after the date of enactment of the Dietary Supplement Listing Act of 2022 , a listing for each such dietary supplement formulation introduced or delivered for introduction into interstate commerce by the responsible person for commercial distribution shall be submitted by the responsible person with the Secretary under this section not later than 60 days after the date that is 18 months after the date of enactment of such Act. (ii) New dietary supplements In the case of a dietary supplement that is not being offered in interstate commerce on the date that is 18 months after the date of enactment. of the Dietary Supplement Listing Act of 2022 , a listing for each such dietary supplement formulation introduced or delivered for introduction into interstate commerce by the responsible person for commercial distribution which has not been included in any listing previously submitted by the responsible person to the Secretary under this section shall be submitted to the Secretary prior to introducing the dietary supplement into interstate commerce. (B) Reformulations A listing of each dietary supplement formulation introduced by the responsible person for commercial distribution that has a label that differs for such dietary supplement from the representative label provided under subsection (a) with respect to the product name, amount of dietary ingredients, or other distinguishing characteristics such as dosage form (such as pill, capsule, liquid, or powder) shall be submitted to the Secretary not later than 15 business days after introducing the dietary supplement with the change into interstate commerce. (C) Discontinued dietary supplements If the responsible person has discontinued the commercial marketing of a dietary supplement formulation included in a listing submitted by the responsible person under subparagraph (A) or (B), the responsible person shall report to the Secretary the date of such discontinuance, within 90 days of the discontinuance of the dietary supplement. (5) Supplier information record keeping requirement Each responsible person subject to the requirements of this subsection shall maintain a record of the full business name and address from which the responsible person receives any dietary ingredient or combination of dietary ingredients that the responsible person uses in the manufacture of the dietary supplement, or, if applicable, from which the responsible person receives the dietary supplement. The responsible person shall make this information available to the Secretary within 72 hours of request from the Secretary. (c) Electronic database Beginning not later than 2 years after the Secretary specifies a unique dietary supplement identifier system pursuant to subsection (b)(3), the Secretary shall maintain an electronic database that— (1) is publicly accessible; (2) is populated with information regarding dietary supplements that is provided under this section or any other provision of this Act; and (3) enables the public to search the database by a dietary supplement’s unique dietary supplement identifier or other field of information or combination of fields. (d) Authorization of appropriations For purposes of conducting activities under this section and hiring personnel to carry out this section, there are authorized to be appropriated $4,000,000 for fiscal year 2022 and $1,000,000 for each of fiscal years 2023 through 2026. . (b) Misbranding Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) If it is a dietary supplement for which a responsible person is required to file a listing under section 403D and such responsible person has not made a listing with respect to such dietary supplement. . (c) New prohibited act 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) The introduction or delivery for introduction into interstate commerce of a dietary supplement that has been prepared, packed, or held using the assistance of, or at the direction of, a person debarred under section 306. . (d) Rule of construction Nothing in the amendments made by subsections (a) through subsection (c) shall be construed to expand the existing authorities of the Food and Drug Administration, other than as specified in such amendments. This subsection shall not be construed to— (1) limit the existing authorities of the Food and Drug Administration; or (2) limit the authorities specified in the amendments made by subsections (a) through subsection (c). | https://www.govinfo.gov/content/pkg/BILLS-117s4090is/xml/BILLS-117s4090is.xml |
117-s-4091 | II 117th CONGRESS 2d Session S. 4091 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Whitehouse (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend part A of title XI of the Social Security Act to provide grants to States, units of local government, and Indian Tribes to establish, expand, or maintain Drug Overdose Fatality Review Teams.
1. Short title This Act may be cited as the Overdose Review Team Act . 2. Funding to establish drug overdose fatality review teams Part A of title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by adding at the end the following: 1150D. Grants to establish drug overdose fatality review teams (a) Grants The Secretary shall, using amounts appropriated under this section, award grants to States, units of local government, and Indian Tribes to establish, expand, or maintain a Drug Overdose Fatality Review Team, which shall— (1) promote cooperation and coordination among agencies involved in the investigation of fatal and non-fatal drug overdoses; (2) develop an understanding of the causes and incidences of drug overdoses in the jurisdiction where the team operates; (3) track the total number of drug overdose deaths and identify trends and patterns in fatal and non-fatal drug overdoses in the jurisdiction where the team operates; (4) plan for and recommend changes within the agencies to prevent drug overdose fatalities; (5) recommend best practices for preventing drug overdoses and drug overdose deaths; and (6) advise policymakers in the team’s jurisdiction about potential changes to law, policy, funding, or practices to prevent drug overdoses. (b) Grant recipients The Secretary shall not award grant funds under this section to a recipient unless the recipient provides to the Secretary a list of individuals on the drug overdose fatality review team, which shall include— (1) not less than 1 representative each from— (A) the State, local, or Tribal department of health, or similar department; (B) the State, local, or Tribal governmental entity responsible for alcohol, drug, or other substance addiction treatment and services; (C) the State, local, or Tribal department of social services, or similar department; (D) the State, local or Tribal attorney’s office; (E) law enforcement agencies of the jurisdiction, which may include representatives of law enforcement agencies operating in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706(b) ); (F) the State, local, or Tribal department of corrections, or similar department; and (G) the State, local or Tribal medical examiner or coroner; (2) a health care provider who specializes in the diagnosis and treatment of substance use and misuse and substance use disorders; (3) a health care provider who specializes in treating co-occurring mental health and substance use disorders; (4) a representative from emergency medical services; (5) a patient advocate who has lived experience with substance use and misuse or who has a family member with a history of substance use and misuse; (6) an emergency department physician; (7) a toxicologist; and (8) a community-based substance use prevention coalition leader or other community-based substance use prevention professional. (c) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until 2027, to carry out this section. (d) Definitions In this section: (1) Indian tribe The term Indian Tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (2) State The term State has the meaning given that term in section 1101(a)(1) for purposes of this title and includes the Commonwealth of the Northern Mariana Islands, and American Samoa. . | https://www.govinfo.gov/content/pkg/BILLS-117s4091is/xml/BILLS-117s4091is.xml |
117-s-4092 | II 117th CONGRESS 2d Session S. 4092 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Daines (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to exempt certain employees engaged in outdoor recreational outfitting or guiding services from maximum hours requirements.
1. Exemption with respect to certain employees engaged in outdoor recreational outfitting or guiding services Section 13(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(b) ) is amended by inserting after paragraph (3) the following: (4) any employee principally engaged in outdoor recreational outfitting or guiding services and employed by an employer principally engaged in the business of providing such outfitting or guiding services that— (A) does not operate for more than seven months in any calendar year; or (B) had average receipts for any six months of the preceding calendar year that were not more than 33 1/3 per centum of its average receipts for the other six months of such year; or . | https://www.govinfo.gov/content/pkg/BILLS-117s4092is/xml/BILLS-117s4092is.xml |
117-s-4093 | II 117th CONGRESS 2d Session S. 4093 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Tuberville (for himself and Mr. Shelby ) 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 Muscle Shoals National Heritage Area in the State of Alabama, and for other purposes.
1. Short title This Act may be cited as the Muscle Shoals National Heritage Area Reauthorization Act . 2. Reauthorization of Muscle Shoals National Heritage Area in the State of Alabama Section 8009(j) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1282) 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-117s4093is/xml/BILLS-117s4093is.xml |
117-s-4094 | II 117th CONGRESS 2d Session S. 4094 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Thune (for himself, Mr. Burr , Mr. Braun , Mr. Cassidy , 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 amend the Higher Education Relief Opportunities for Students Act of 2003 to strike the Secretary's unilateral authority during a national emergency, and for other purposes.
1. Short title This Act may be cited as the Stop Reckless Student Loan Actions Act of 2022 . 2. Findings Congress finds the following: (1) The Higher Education Relief Opportunities for Students Act of 2003 ( 20 U.S.C. 1098aa et seq. ) was intended to provide relief opportunities for members of the armed services. (2) The authority provided under the Higher Education Relief Opportunities for Students Act of 2003 has been abused by the Executive Branch during the COVID–19 national emergency regarding the payment of Federal student loans. (3) The unilateral payment pause on Federal student loans has cost $100,000,000,000. (4) The individuals benefitting the most from the payment pause continued by the Executive Branch are doctors, who receive 11 times the benefit of bachelor’s degree recipients and 14 times the benefit of associate’s degree recipients. 3. Amendments to the Higher Education Relief Opportunities for Students Act of 2003 Section 5(2) of the Higher Education Relief Opportunities for Students Act of 2003 ( 20 U.S.C. 1098ee ) is amended— (1) in the matter preceding subparagraph (A), by inserting (or the spouse or dependent of the parent, as that term is used in section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv )) after an individual ; (2) in subparagraph (A), by inserting and after the semicolon; (3) in subparagraph (B), by striking the semicolon and inserting a period; and (4) by striking subparagraphs (C) and (D). 4. Higher education relief opportunities for civilians in the case of a national emergency and limitations on covered loans (a) Temporary authority for higher education relief (1) In general Subject to the limitation provided in subsection (c), during the 90 day period after a declaration of a national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ), the Secretary of Education may suspend or defer Federal student loan payments or the accrual of interest for loans made, insured or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. ; 1087a et seq.; 1087aa et seq.) or loans under the Health Education Assistance Loan Program. (2) Limitation The Secretary of Education may not use the temporary authority provided under paragraph (1) in consecutive 90 day periods. (b) Recommendations for higher education relief from the secretary of education In the case of a national emergency declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ), the Secretary of Education shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, not later than 60 days after the date of such declaration, a report that includes any recommendations on relief necessary for recipients of student financial assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (c) Limits on executive authority To suspend or defer federal student loan payments or interest (1) In general Notwithstanding any other provision of law, the President or the Secretary of Education may not suspend or defer Federal student loan payments on covered loans or the accrual of interest on covered loans of borrowers with annual household incomes over 400 percent of the poverty line (as determined under the poverty guidelines updated periodically in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )). (2) Application of congressional review act In any case where the President or the Secretary of Education suspends or defers Federal student loan payments on covered loans or the accrual of interest on covered loans through any type of executive or regulatory action, the suspension or deferral shall be— (A) deemed to be a major rule for purposes of chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act ); and (B) subject to congressional disapproval in accordance with such chapter. (d) Limits on Executive Authority To Cancel Student Loans (1) In General Notwithstanding any other provisions of law, the President or the Secretary of Education may not cancel the outstanding balances, or a portion of the balances, on covered loans due to the COVID–19 national emergency or any other national emergency. (2) Application of Congressional Review Act In any case where the President or the Secretary of Education cancels the outstanding balances, or portion of the balances, on covered loans through any type of executive or regulatory action, the cancellation shall be— (A) deemed to be a major rule for purposes of chapter 8 of title 5, United States Code (commonly known as the “Congressional Review Act”); and (B) subject to congressional disapproval in accordance with such chapter. (e) Implementation (1) Regarding suspensions or deferments of Federal student loan payments ongoing at the time of enactment Not later than the effective date of this Act, any suspension or deferment of Federal student loan payments on covered loans due to the COVID–19 national emergency shall terminate. Notwithstanding any other provision of law, a subsequent suspension or deferment of Federal student loan payments on covered loans for the COVID–19 national emergency shall be prohibited. (2) Regarding cancellation of student loans prior to effective date Any cancellation of the outstanding balance, or portion of a balance, on a covered loan made by the President or Secretary of Education through any type of executive or regulatory action in the 30 days before the effective date of this Act shall be— (A) deemed to be a major rule for purposes of chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act ); and (B) subject to congressional disapproval in accordance with such chapter. (f) Definition of covered loan In this subsection, the term covered loan means a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. ; 1087a et seq.; 1087aa et seq.) or a loan under the Health Education Assistance Loan Program. 5. Effective date This Act, and the amendments made by this Act, shall take effect on the date that is 30 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4094is/xml/BILLS-117s4094is.xml |
117-s-4095 | II 117th CONGRESS 2d Session S. 4095 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Scott of Florida (for himself, Mr. Rubio , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Securities and Exchange Commission to require reporting of sourcing and due diligence activities of companies involving supply chains of products that are imported into the United States that are directly linked to products utilizing forced labor from Xinjiang, China, and for other purposes.
1. Short title This Act may be cited as the Transaction and Sourcing Knowledge Act or the TASK Act . 2. SEC reporting The Securities and Exchange Commission, as part of its evaluation of potential guidance on reporting on environmental, social, and governance matters by publicly traded companies, shall require reporting of— (1) sourcing and due diligence activities of such companies involving supply chains of products that are imported into the United States that are directly linked to products utilizing forced labor from Xinjiang, China; (2) transactions with companies that have been— (A) placed on the Entity List by the Department of Commerce; or (B) designated by the Department of the Treasury as Chinese Military-Industrial Complex Companies; and (3) with respect to publicly traded United States companies with facilities in China, on an annual basis— (A) whether there is a Chinese Communist Party committee in the operations of the company; and (B) a summary of the actions and corporate decisions in which any committee described in subparagraph (A) may have participated. | https://www.govinfo.gov/content/pkg/BILLS-117s4095is/xml/BILLS-117s4095is.xml |
117-s-4096 | II 117th CONGRESS 2d Session S. 4096 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Luján (for himself, Mr. Heinrich , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require U.S. Customs and Border Protection to perform an initial health screening on all detainees, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Humanitarian Standards for Individuals in U.S. Customs and Border Protection Custody Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Initial health screening protocol. Sec. 4. Water, sanitation and hygiene. Sec. 5. Food and nutrition. Sec. 6. Shelter. Sec. 7. Coordination and surge capacity. Sec. 8. Training. Sec. 9. Interfacility transfer of care. Sec. 10. Planning and initial implementation. Sec. 11. Contractor compliance. Sec. 12. Inspections. Sec. 13. Government Accountability Office report. Sec. 14. Publication of data on complaints of sexual abuse at U.S. Customs and Border Protection facilities. Sec. 15. Rules of construction. 2. Definitions In this Act: (1) CBP The term CBP means U.S. Customs and Border Protection. (2) Child The term child has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ). (3) Commissioner The term Commissioner means the Commissioner of U.S. Customs and Border Protection. (4) Detainee The term detainee means any individual who is detained in the custody of CBP. (5) Forward operating base The term forward operating base means a permanent facility established by CBP in forward or remote locations, and designated by CBP. (6) Interpretation services The term interpretation services includes translation services that are performed either in person or through a telephone or video service. (7) U.S. customs and border protection facility The term U.S. Customs and Border Protection facility includes— (A) U.S. Border Patrol stations; (B) ports of entry; (C) checkpoints; (D) forward operating bases; (E) secondary inspection areas; and (F) short-term custody facilities. 3. Initial health screening protocol (a) In general The Commissioner, in consultation with the Secretary of Health and Human Services, the Administrator of the Health Resources and Services Administration, and nongovernmental experts in the delivery of health care in humanitarian crises and in the delivery of health care to children, shall develop guidelines and protocols for the provision of health screenings and appropriate medical care for detainees, as required under this section. (b) Initial screening and medical assessment The Commissioner shall ensure that all detainees receive an initial in-person screening by a licensed medical professional in accordance with the standards described in subsection (c)— (1) to assess and identify any illness, condition, or age-appropriate mental or physical symptoms that may have resulted from distressing or traumatic experiences; (2) to identify acute conditions and high-risk vulnerabilities; and (3) to ensure that appropriate healthcare is provided to individuals as needed, including pediatric, obstetric, and geriatric care. (c) Standardization of initial screening and medical assessment (1) In general The initial screening and medical assessment of detainees shall include— (A) an interview and the use of a standardized medical intake questionnaire or the equivalent; (B) screening of vital signs, including pulse rate, body temperature, blood pressure, oxygen saturation, and respiration rate; (C) screening for blood glucose for known or suspected diabetics; (D) weight assessment of detainees younger than 12 years of age; (E) a physical examination; and (F) a risk assessment and the development of a plan for monitoring and care, as appropriate. (2) Prescription medication (A) In general The medical professional conducting the screening pursuant to subsection (b) shall— (i) review any prescribed medication that is in the detainee’s possession or that was confiscated by CBP upon arrival; and (ii) determine if such medication should be— (I) kept by the detainee for use during detention; (II) properly stored by CBP, with appropriate access for use during detention; or (III) maintained with the detained individual’s personal property. (B) Right to medication A detainee may not be denied the use of necessary and appropriate medication for the management of the detainee’s illness. (3) Rule of construction Nothing in this subsection may be construed as requiring detainees to disclose their medical status or history. (d) Timing (1) In general Except as provided in paragraph (2), the initial screening and medical assessment described in subsections (b) and (c) shall take place as soon as practicable, but not later than 12 hours after a detainee’s arrival at a CBP facility. (2) High priority individuals The initial screening and medical assessment referred to in paragraph (1) shall take place as soon as practicable, but not later than 6 hours after a detainee’s arrival at a CBP facility if the individual— (A) reasonably self-identifies as having a medical condition that requires prompt medical attention; or (B) is— (i) exhibiting signs of acute or potentially severe physical or mental illness, or otherwise has an acute or chronic physical or mental disability or illness; (ii) pregnant; (iii) a child (with priority given, as appropriate, to the youngest children); or (iv) elderly. (e) Further care (1) In general If, as a result of the initial health screening and medical assessment described in subsections (b) and (c), the licensed medical professional conducting such screening or assessment determines that 1 or more of the detainee’s vital sign measurements are significantly outside normal ranges, in accordance with the National Emergency Services Education Standards, or if the detainee is identified as high risk or in need of medical intervention, the detainee shall be provided, as expeditiously as possible, with an in-person or technology-facilitated medical consultation with a licensed emergency care professional. (2) Reevaluation (A) In general Each detainee described in paragraph (1)— (i) shall be reevaluated not later than 24 hours after the consultation required under such paragraph; and (ii) (I) shall be monitored thereafter as determined by an emergency care professional; or (II) if the detainee is a child, shall be monitored thereafter as determined by a licensed emergency care professional with a background in pediatric care. (B) Reevaluation before travel In addition to the reevaluations required under subparagraph (A), detainees described in paragraph (1), before travel— (i) shall have all of their vital signs reevaluated; and (ii) shall be cleared by a medical professional as being able to travel safely. (3) Pyschological and mental care The Commissioner shall ensure that detainees who have experienced physical or sexual violence or who have experienced events that may cause severe trauma or toxic stress, are provided access to basic, humane, and supportive psychological assistance. (f) Interpreters To ensure that health screenings and medical care required under this section are carried out in the best interests of the detainee, the Commissioner shall ensure that— (1) language-appropriate interpretation services, including interpretation of indigenous languages, are provided to each detainee; and (2) each detainee is informed of the availability of such interpretation services. (g) Chaperones To ensure that health screenings and medical care required under this section are carried out in the best interests of the detainee— (1) the Commissioner shall establish guidelines for, and ensure the presence of, chaperones for all detainees during medical screenings and examinations in accordance with relevant guidelines in the American Medical Association Code of Medical Ethics and recommendations of the American Academy of Pediatrics; and (2) to the extent practicable, the physical examination of a child shall always be performed in the presence of— (A) a parent or legal guardian; or (B) the detainee’s closest present adult relative, if a parent or legal guardian is unavailable. (h) Documentation The Commissioner shall ensure that— (1) the health screenings and medical care required under this section and any other medical evaluations and interventions for detainees are documented in accordance with commonly accepted standards in the United States for medical record documentation; and (2) such documentation is provided to any individual who received a health screening and subsequent medical treatment upon release from CBP custody. (i) Infrastructure and equipment The Commissioner or the Administrator of General Services shall ensure that each location to which detainees are first transported after an initial encounter with an agent or officer of CBP has— (1) a private space that— (A) provides a comfortable and considerate atmosphere for the patient; and (B) ensures the patient’s dignity and right to privacy during the health screening and medical assessment and any necessary follow-up care; (2) all necessary and appropriate medical equipment and facilities— (A) to conduct the health screenings and follow-up care required under this section; (B) to treat trauma; (C) to provide emergency care, including resuscitation of individuals of all ages; and (D) to prevent the spread of communicable diseases; (3) basic over-the-counter medications appropriate for all age groups; and (4) appropriate transportation to medical facilities in the case of a medical emergency, or an on-call service with the ability to arrive at the CBP facility within 30 minutes. (j) Personnel The Commissioner or the Administrator of General Services, as the case may be, shall ensure that each location to which detainees are first transported after an initial encounter has— (1) at least 1 licensed medical professional on site to conduct health screenings; and (2) other personnel that are or may be necessary for carrying out the functions described in subsection (e), such as licensed emergency care professionals, specialty physicians (including physicians specializing in pediatrics, family medicine, obstetrics and gynecology, geriatric medicine, internal medicine, and infectious diseases), nurse practitioners, other nurses, physician assistants, licensed social workers, mental health professionals, public health professionals, dieticians, interpreters, and chaperones, on site to the extent practicable, or, if not practicable, available on call. (k) Ethical guidelines The Commissioner shall ensure that all medical assessments and procedures conducted pursuant to this section are conducted in accordance with ethical guidelines in the applicable medical field and respect human dignity. 4. Water, sanitation and hygiene The Commissioner shall ensure that detainees have access to— (1) not less than 1 gallon of drinking water per person per day, in addition any other age-appropriate fluids that may be needed; (2) a private, safe, clean, and reliable permanent or portable toilet with proper waste disposal and a hand washing station, with not fewer than 1 toilet available for every 12 male detainees, and not fewer than 1 toilet available for every 8 female detainees; (3) a clean diaper changing facility, which includes proper waste disposal, a hand washing station, and unrestricted access to diapers; (4) the opportunity to bathe daily in a permanent or portable shower that is private and secure; and (5) products for individuals of all age groups and for individuals with disabilities to maintain basic personal hygiene, including soap, a toothbrush, toothpaste, adult diapers, feminine hygiene products, and receptacles for the proper storage and disposal of such products. 5. Food and nutrition The Commissioner shall ensure that detainees have access to— (1) 3 meals per day, including— (A) for individuals 12 years of age or older, a diet that contains not less than 2,000 calories per day; and (B) for children younger than 12 years of age, a diet that contains an appropriate number of calories per day based on the child’s age and weight; (2) accommodations for any dietary needs or restrictions; and (3) access to food in a manner that follows applicable food safety standards. 6. Shelter The Commissioner shall ensure that in each facility at which a detainee is detained— (1) except as provided in paragraph (2), males and females are detained separately; (2) for any minor child arriving in the United States with an adult relative or legal guardian, such child— (A) is detained with such relative or legal guardian unless such an arrangement poses safety or security concerns; and (B) if such child is detained apart from an adult relative or legal guardian as a result of such safety or security concerns, is not detained with adults; (3) for any unaccompanied minor arriving in the United States without an adult relative or legal guardian, such child is detained in an age-appropriate facility and not detained with adults; (4) a detainee with a temporary or permanent disability is held in an accessible location and in a manner that provides for his or her safety, comfort, and security, with accommodations provided to the extent needed; (5) no detainee is placed in a room for any period if such placement would exceed the maximum occupancy level as determined by the appropriate building code, fire marshal, or other authority; (6) each detainee is provided with temperature appropriate clothing and bedding; (7) the facility is well lit and well ventilated, with the humidity and temperature kept at comfortable levels (between 68 and 74 degrees Fahrenheit); (8) detainees who are in custody for more than 48 hours are given access to the outdoors for not less than 1 hour during the daylight hours during each 24-hour period; (9) detainees are allowed to practice their religion or to not practice a religion, as they may decide; (10) detainees are given access to lighting and noise levels that are safe and conducive for sleeping throughout the night between the hours of 10:00 p.m. and 6:00 a.m; (11) CBP officers, employees, and contracted personnel— (A) follow medical standards for the isolation and prevention of communicable diseases; and (B) ensure the physical and mental safety of detainees who identify as lesbian, gay, bisexual, transgender, or intersex; (12) the facility has video monitoring— (A) to provide for the safety of the detainees; and (B) to prevent sexual abuse and physical harm of vulnerable detainees; (13) there is posted or otherwise made available in all areas where detainees are located a language appropriate Detainee Bill of Rights (including indigenous languages), which specifies all rights afforded to detainees under this Act; and (14) the facility certifies that— (A) the video monitoring required under paragraph (12) is properly working at all times; and (B) the videos resulting from video monitoring are preserved for at least 90 days. 7. Coordination and surge capacity The Secretary of Homeland Security shall enter into memoranda of understanding with appropriate Federal agencies, such as the Department of Health and Human Services, and applicable government emergency relief services, and shall enter into contracts with health care, public health, social work, and transportation professionals, for purposes of addressing surge capacity and ensuring compliance with this Act. 8. Training The Commissioner shall ensure that CBP personnel assigned to each short-term custodial facility are professionally trained, including by receiving such continuing education as the Commissioner determines appropriate, in all subjects necessary to ensure compliance with this Act, including— (1) humanitarian response protocols and standards; (2) indicators of physical and mental illness, and medical distress in children and adults; (3) indicators of child sexual exploitation and effective responses to missing migrant children; and (4) procedures to report incidents of suspected child sexual abuse and exploitation directly to the National Center for Missing and Exploited Children. 9. Interfacility transfer of care (a) Transfer When a detainee is discharged from a medical facility or emergency services department, the Commissioner shall ensure that responsibility of care is transferred from the medical facility or emergency services department to an accepting licensed CBP health care provider. (b) Responsibilities of accepting providers Each accepting licensed CBP health care provider shall review the medical facility or emergency department’s evaluation, diagnosis, treatment, management, and discharge care instructions— (1) to assess the safety of the discharge and transfer; and (2) to provide necessary follow-up care. 10. Planning and initial implementation (a) Planning Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a detailed plan to Congress that describes the timeline, process, and challenges of implementing the requirements under this Act. (b) Implementation The Secretary of Homeland Security shall ensure that the requirements under this Act are implemented not later than 6 months after the date of the enactment of this Act. 11. Contractor compliance The Secretary of Homeland Security shall ensure that all personnel contracted to carry out this Act comply with the requirements under this Act. 12. Inspections (a) In general The Inspector General of the Department of Homeland Security shall— (1) conduct unannounced inspections of ports of entry, border patrol stations, and detention facilities administered by CBP or contractors of CBP; and (2) submit to Congress— (A) reports on the results of the inspections conducted pursuant to paragraph (1); and (B) other reports related to custody operations. (b) Particular attention In carrying out subsection (a), the Inspector General shall pay particular attention to— (1) the degree of compliance by CBP with the requirements under this Act; (2) remedial actions taken by CBP; (3) the health needs of detainees; and (4) the degree of compliance with part 115 of title 6, Code of Federal Regulations (commonly known as the Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities ). (c) Access to facilities The Commissioner may not deny a Member of Congress entrance to any facility or building used, owned, or operated by CBP. 13. Government Accountability Office report (a) In general The Comptroller General of the United States— (1) not later than 6 months after the date of the enactment of this Act, shall commence a study on implementation of, and compliance with, this Act; and (2) not later than 1 year after the date of the enactment of this Act, shall submit a report to Congress containing the results of the study required under paragraph (1). (b) Issues To be studied The study required under subsection (a)(1) shall examine— (1) the management and oversight by CBP of ports of entry, border patrol stations, and other detention facilities, including the extent to which CBP and the Department of Homeland Security have effective processes in place to comply with the requirements under this Act; and (2) the extent to which CBP personnel, in carrying out this Act, make abusive, derisive, profane, or harassing statements or gestures, or engage in any other conduct evidencing hatred or invidious prejudice to or about 1 person or group on account of race, color, religion, national origin, sex, sexual orientation, age, or disability, including on social media. 14. Publication of data on complaints of sexual abuse at U.S. Customs and Border Protection facilities Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting in coordination with the Office of Inspector General and the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, shall publicly release aggregate data on complaints of sexual abuse at CBP facilities on its website on a quarterly basis, excluding any personally identifiable information that may compromise the confidentiality of individuals who reported such abuse. 15. Rules of construction Nothing in this Act may be construed as— (1) authorizing CBP to detain individuals for longer than 72 hours; (2) contradicting the March 7, 2014, Department of Homeland Security rule adopting Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities, which includes a zero tolerance policy prohibiting all forms of sexual abuse and assault of individuals in U.S. Customs and Border Protection custody, including in holding facilities, during transport, and during processing; (3) contradicting current protocols related to Department of Homeland Security background checks in the hiring process; (4) restricting the Department of Homeland Security from denying employment to, or terminating the employment of, any individual who— (A) would be or is involved with the handling or processing at holding facilities, during transport, or during processing, or care of detainees, including the care of children; and (B) has been convicted of a sex crime or other offense involving a child victim; or (5) affecting the obligation to fully comply with all applicable immigration laws, including being subject to any penalties, fines, or other sanctions. | https://www.govinfo.gov/content/pkg/BILLS-117s4096is/xml/BILLS-117s4096is.xml |
117-s-4097 | II 117th CONGRESS 2d Session S. 4097 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Kaine (for himself, Mr. Booker , Mrs. Murray , Mr. Menendez , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve access for diverse-owned asset management firms, and for other purposes.
1. Short title This Act may be cited as the Too Narrow to Succeed Act . 2. Purpose The purpose of this Act is to improve access for diverse-owned, including women- and minority-owned, asset management firms by— (1) increasing transparency regarding the asset management firm selection processes of Federal institutional investors; (2) identifying common and potential barriers that limit business opportunities for diverse-owned asset management firms and developing strategies to remove these barriers; and (3) enabling both public and private retirement funds to adopt broader and more inclusive selection processes to reduce systemic risk and maximize returns, consistent with administrators’ fiduciary responsibilities. 3. Definitions In this Act: (1) Asset management firm The term asset management firm means any investment firm that— (A) manages a portfolio of securities or other assets for a defined benefit plan or other institutional investor; or (B) offers investment options, such as mutual, private equity, real estate, or other commingled funds, to participate in a defined contribution or other comparable retirement plan. (2) Diverse-owned The term diverse-owned , when used with respect to an asset management firm, means any threshold or other requirements determined appropriate by the Secretary under section 4(a)(3). (3) Federal institutional investor The term Federal institutional investor means each of the following: (A) The Federal Retirement Thrift Investment Board. (B) The entity that administers— (i) the funds of the Pension Benefit Guaranty Corporation established under section 4005 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1305 ); (ii) the funds of the National Railroad Retirement Investment Trust established under section 15(j) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n(j) ); (iii) the funds of the Federal Reserve System Retirement Plan; (iv) the funds of the Federal Reserve System Thrift Plan; (v) the funds of the Tennessee Valley Authority Retirement System; (vi) the funds of the Tennessee Valley Authority Retirement System Savings and Deferral Retirement Plan; (vii) the funds of the Army and Air Force Exchange Service Retirement System; (viii) the funds of the Navy Exchange Service Command Retirement Plan; or (ix) the endowment funds of the Smithsonian Institution. (C) Any other Federal entity that administers a fund— (i) with more than $1,000,000,000 in assets invested for which the entity uses the services of, or contracts with, an asset management firm; and (ii) that the Secretary determines is similar to the Thrift Savings Fund or a fund described in subparagraph (B). (4) Federal investments The term Federal investments means investments of sums in a fund administered by a Federal institutional investor. (5) Secretary The term Secretary means the Secretary of Labor. (6) Subcontractor asset management firm The term subcontractor asset management firm means an asset management firm that— (A) enters into a contract (including a subcontract) with an asset management firm that is the primary manager of Federal investments, through the use of services or by contract, for a Federal institutional investor; and (B) under the terms of the contract, manages Federal investments of the Federal institutional investor. 4. Improving access for diverse-owned asset management firms (a) Annual reports by Federal institutional investors that invest in externally managed assets (1) Annual reports (A) Reports required By not later than December 31, 2022, and annually thereafter, each Federal institutional investor that uses the services of, or contracts with, an asset management firm to manage Federal investments shall prepare and submit a report to the Secretary on the usage of diverse-owned asset management firms by the Federal institutional investor. (B) Inclusion of subcontractor asset management firms The report under subparagraph (A) shall also include all subcontractor asset management firms of the Federal institutional investor. (2) Content of reports Each report described in paragraph (1) shall include, with respect to any fund administered by the Federal institutional investor that uses the services of, or contracts with, an asset management firm— (A) the amounts of assets in such fund that are managed by non-diverse-owned asset management firms and by diverse-owned asset management firms, as determined by the Secretary under paragraph (3), disaggregated by race, ethnicity, and gender; (B) the challenges, if any, the Federal institutional investor faces in reporting on diverse-owned and non-diverse-owned asset management firms; (C) the challenges the Federal institutional investor faces in selecting diverse-owned asset management firms (including through subcontractor asset management firms) to manage investments of sums in the fund administered by the Federal institutional investor; (D) the actions taken during the reporting period, or planned to be taken, by the Federal institutional investor to alleviate barriers that limit participation of diverse-owned asset management firms; and (E) the actions taken during the reporting period, or planned to be taken, by the Federal institutional investor to increase opportunities for diverse-owned asset management firms to compete for contracts. (3) Diverse-owned The Secretary shall evaluate industry benchmarks to determine the threshold or other requirements necessary for an asset management firm to qualify as diverse-owned. (4) Public availability The Secretary shall make each report submitted under paragraph (1) publicly available. (b) Sense of Congress relating to diverse-Owned asset management firms and covered private sector plans It is the sense of Congress that the Advisory Council on Employee Welfare and Pension Benefit Plans (commonly known as the ERISA Advisory Council ) routinely consider barriers to the usage of diverse-owned asset management firms among covered private sector plans, and methods to overcome such barriers. (c) Survey of fund management best practices (1) In general The Secretary shall— (A) conduct a survey of the best practices in fund asset management with respect to increasing the utilization and capacity of diverse-owned asset management firms; and (B) prepare and submit a report to Congress not less often than every 3 years, or more frequently as the Secretary considers to be appropriate. (2) Requirements of survey The Secretary shall survey a sample of public and private-sector pension plans subject to the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) and other retirement funds that are engaged in (or looking to engage in) strategies to improve access to, and representation by, diverse-owned asset management firms. (3) Report The Secretary shall make publicly available a report to Congress on the best practices of pension funds and other retirement funds with respect to implementing strategies to improve access to diverse-owned asset management firms. The report shall include— (A) the challenges pension funds and other retirement funds may face in adopting or executing strategies to engage more with diverse-owned asset management firms as the primary institutional fund manager or as subcontractor asset management firms, including women- and minority-owned asset management firms; and (B) an identification of the strategies adopted to implement programs. | https://www.govinfo.gov/content/pkg/BILLS-117s4097is/xml/BILLS-117s4097is.xml |
117-s-4098 | II 117th CONGRESS 2d Session S. 4098 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Barrasso (for himself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To prohibit nationals of the Russian Federation and Belarus from working in Department of Energy National Laboratories.
1. Prohibition on nationals of the Russian Federation and Belarus working in Department of Energy research facilities (a) In general Notwithstanding any other provision of law, the Secretary of Energy shall— (1) take such actions as are necessary to, immediately after the date of the enactment of this Act, terminate the employment of all nationals of the Russian Federation and Belarus (other than such nationals who are lawfully admitted for permanent residence in the United States) working in Department of Energy National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )); and (2) prohibit such nationals from working in such laboratories until the date described in subsection (b). (b) Termination date The date described in this subsection is the date on which the President certifies to Congress that— (1) armed forces of the Russian Federation and any country that is an ally of the Russian Federation are no longer present in sovereign territory of Ukraine; and (2) all sanctions imposed by the United States in response to the invasion of Ukraine by the Russian Federation that began on February 24, 2022, have been terminated. | https://www.govinfo.gov/content/pkg/BILLS-117s4098is/xml/BILLS-117s4098is.xml |
117-s-4099 | II 117th CONGRESS 2d Session S. 4099 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Scott of Florida (for himself, Mr. Hagerty , Ms. Ernst , Mr. Braun , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit securities investments that finance certain companies of the People's Republic of China and to expand the Non-Specially Designated Nationals Chinese Military-Industrial Complex Companies List of the Office of Foreign Assets Control, and for other purposes.
1. Short title This Act may be cited as the Sanction Transactions Originating from Pernicious Chinese Companies and Policies Act of 2022 or the STOP CCP Act of 2022 . 2. Definitions In this Act: (1) Chinese entity The term Chinese entity means 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. (2) Publicly traded securities The term publicly traded securities includes— (A) any security (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )) denominated in any currency that trades on a securities exchange, or through the method of trading that is commonly referred to as over-the-counter , in any jurisdiction; and (B) any security that is derivative of or designed to provide investment exposure to a security described in subparagraph (A). (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; (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; or (C) any person in the United States. 3. Prohibition on securities investments that finance certain companies of the People's Republic of China The following activities by a United States person are prohibited: (1) The purchase or sale of any publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities, issued by any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, and, as the Secretary of the Treasury deems appropriate, the Secretary of Defense— (A) to operate or have operated in the defense and related materiel sector or the surveillance technology sector of the economy of the People's Republic of China; or (B) to own or control, or to be owned or controlled by, directly or indirectly, a person described in subparagraph (A). (2) The execution, support, or servicing of a purchase or sale described in paragraph (1). (3) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition under paragraph (1). (4) Any conspiracy formed to violate the prohibition under paragraph (1). 4. Expansion of Non-Specially Designated Nationals Chinese Military-Industrial Complex Companies List Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to expand the Non-Specially Designated Nationals Chinese Military-Industrial Complex Companies List (commonly referred to as the NS–CMIC List ) of the Office of Foreign Assets Control to include— (1) any entity engaged in supporting the Chinese military-industrial complex; (2) any entity that is owned or controlled by an entity described in paragraph (1); (3) any entity that is formed from a spin-off, merger or acquisition, or sale of a business unit involving an entity described in paragraph (1) or is otherwise a successor to such an entity; and (4) any entity that provides financial services for an entity described in paragraph (1), (2), or (3). 5. Closing sanctions loopholes (a) In general If sanctions are imposed with respect to a Chinese entity under any statute or executive order described in subsection (b), sanctions shall be imposed with respect to the Chinese entity under each other applicable statute and executive order described in subsection (b) unless— (1) the President waives the imposition of such sanctions; or (2) a waiver provided for under such other statute or executive order applies. (b) Statutes and executive orders described A statute or executive order described in this subsection is a statute or executive order that provides for the imposition of sanctions. (c) National security waiver (1) In general The President may waive the application of any sanction imposed with respect to any person under subsection (a) if the President determines and certifies to Congress that such a waiver is important to the national security interests of the United States. (2) Notification of and report to Congress If the President decides to exercise the waiver authority provided under paragraph (1), the President shall, not less than 20 days before the waiver takes effect, submit to Congress a report— (A) notifying Congress of the decision to exercise the waiver authority; and (B) fully articulating the rationale and circumstances that led to the decision. (d) Termination of sanctions To be reported to Congress Not later than 20 days after the termination of any sanction under subsection (a), the President shall promptly submit to Congress a report on that termination and the reasons for the termination. | https://www.govinfo.gov/content/pkg/BILLS-117s4099is/xml/BILLS-117s4099is.xml |
117-s-4100 | II 117th CONGRESS 2d Session S. 4100 IN THE SENATE OF THE UNITED STATES April 27, 2022 Ms. Warren (for herself, Mr. Booker , Mr. Casey , Mr. Padilla , Mr. Sanders , Ms. Duckworth , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services provided by doulas and midwives, and for other purposes.
1. Short title This Act may be cited as the Mamas First Act . 2. Findings Congress finds the following: (1) According to the Centers for Disease Control and Prevention, the maternal mortality rate varies drastically for women by race and ethnicity. On average, there are 12.7 deaths per 100,000 live births for White women, 43.5 deaths per 100,000 live births for African-American women, 32.5 deaths for American Indian and Alaskan Native women, and 14.4 deaths per 100,000 live births for women of other ethnicities. While maternal mortality disparately impacts African-American women and indigenous women, this urgent public health crisis traverses race, ethnicity, socioeconomic status, educational background, and geography. (2) United States maternal mortality rates are the highest in the developed world and are increasing rapidly. (3) Many of these maternal deaths are likely preventable. (4) According to the National Institutes of Health, doula-assisted mothers are four times less likely to have a low-birth-weight baby, two times less likely to experience a birth complication involving themselves or their baby, and significantly more likely to initiate breastfeeding. (5) Midwife-led care is associated with cost savings, decreased rates of intervention, lower cesarean rates, lower preterm birth rates, and healthier outcomes for mothers and babies. (6) Midwives may practice in any setting, including the home, community, hospitals, birth centers, clinics, or health units. 3. Medicaid coverage of services provided by doulas and midwives (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)— (A) in paragraph (30), by striking and at the end; (B) by redesignating paragraph (31) as paragraph (32); and (C) by inserting after paragraph (30) the following new paragraph: (31) services and care, including prenatal, delivery, and postpartum care, that is provided in a culturally congruent manner (as defined in subsection (kk)) by doulas, midwives, and tribal midwives (as those terms are defined in subsection (jj)), that is provided in the home, community, a hospital, birth center, clinic, health unit, or is furnished via telehealth to the extent authorized under State law; and ; and (2) by adding at the end the following: (jj) Doulas, midwives, and tribal midwife defined For purposes of subsection (a)(31): (1) Doulas defined The term doula means an individual who— (A) has completed 60 hours of foundational training; (B) is certified by an organization, which has been established for not less than five years and which requires the completion of continuing education to maintain such certification, to provide non-medical advice, information, emotional support, and physical comfort to an individual during such individual’s pregnancy, childbirth, and postpartum period; and (C) maintains such certification by completing such required continuing education. (2) Midwives defined The term midwife means a midwife who meets at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives. (3) Tribal midwife defined The term tribal midwife means an individual who is recognized by an Indian tribe (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) to practice midwifery for such tribe. (kk) Culturally congruent care defined For purposes of subsection (a)(31), the term culturally congruent care , with respect to maternity care, means care that is provided in agreement with the preferred cultural values, beliefs, worldview, language, and practices of the health care consumer and other stakeholders. . (b) Requiring mandatory coverage under State plan Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended, in the matter preceding clause (i), by striking and (30) and inserting (30), and (31) . (c) Conforming amendments (1) Section 1902(nn)(3) of the Social Security Act ( 42 U.S.C. 1396a(nn)(3) ) is amended by striking (30) and inserting (32) . (2) Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended, in the 5th sentence, by striking (30) and inserting (32) . (d) Effective date (1) In general Subject to paragraph (2), the amendments made by this section shall apply with respect to medical assistance furnished on or after January 1, 2022. (2) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-117s4100is/xml/BILLS-117s4100is.xml |
117-s-4101 | II 117th CONGRESS 2d Session S. 4101 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Peters (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 require the Secretary of Commerce to provide training and guidance relating to human rights abuses, including such abuses perpetrated against the Uyghur population by the Government of the People's Republic of China, and for other purposes.
1. Short title This Act may be cited as the Combating Human Rights Abuses Act of 2022 . 2. Training for employees of the Department of Commerce relating to awareness of human rights abuses (a) In general The Secretary of Commerce shall provide training described in subsection (b) to such employees of the Department of Commerce who provide counseling services to businesses engaged in interstate commerce or foreign direct investment as the Secretary considers appropriate. (b) Contents of training The training required under subsection (a) shall be— (1) designed to raise awareness about emerging trends and issues with respect to human rights abuses occurring worldwide, such as human rights abuses perpetrated by the Government of the People’s Republic of China, including the use of forced labor, against Uyghurs and other ethnic minority populations in the Xinjiang Uyghur Autonomous Region; and (2) incorporated to the greatest extent possible into existing training provided by the Department of Commerce. (c) Timing The training required under subsection (a) shall be offered and updated at such times as the Secretary considers appropriate. 3. Guidance for United States businesses relating to awareness of human rights abuses (a) In general The Secretary of Commerce shall— (1) offer guidance for United States businesses engaged in interstate commerce or foreign direct investment, including such businesses that are, or are considering, conducting transactions with entities subject to the control or influence of jurisdictions where significant human rights abuses have occurred, such as the People’s Republic of China; and (2) incorporate the guidance required under paragraph (1) into any counseling services that the Department of Commerce provides to such businesses as the Secretary considers appropriate. (b) Contents of guidance The guidance required under subsection (a) shall— (1) provide information about emerging trends and issues involving human rights abuses, such as information that describes— (A) human rights abuses perpetrated by the Government of the People’s Republic of China, including the use of forced labor, against Uyghurs and other ethnic minority populations in the Xinjiang Uyghur Autonomous Region; (B) risk factors that may be used to identify entities subject to the influence or control of jurisdictions such as the People’s Republic of China that may be implicated in human rights abuses; (C) ways to avoid doing business with entities described in subparagraph (B); and (D) potential reputational, economic, legal, and other risks of conducting transactions with an entity described in subparagraph (B); and (2) make clear that the guidance is for advisory purposes and that the Department of Commerce is not responsible for certifying the accuracy or completeness of the information provided in the guidance. | https://www.govinfo.gov/content/pkg/BILLS-117s4101is/xml/BILLS-117s4101is.xml |
117-s-4102 | II 117th CONGRESS 2d Session S. 4102 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Brown (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVI of the Social Security Act to update the resource limit for supplemental security income eligibility.
1. Short title This Act may be cited as the SSI Savings Penalty Elimination Act . 2. Update in eligibility for the supplemental security income program (a) Update in resource limit for individuals and couples Section 1611(a)(3) of such Act ( 42 U.S.C. 1382(a)(3) ) is amended— (1) in subparagraph (A), by striking $2,250 and all that follows through the end of the subparagraph and inserting $20,000 in calendar year 2022, and shall be increased as described in section 1617(d) for each subsequent calendar year. ; and (2) in subparagraph (B), by striking $1,500 and all that follows through the end of the subparagraph and inserting $10,000 in calendar year 2022, and shall be increased as described in section 1617(d) for each subsequent calendar year. . (b) Inflation adjustment Section 1617 of such Act ( 42 U.S.C. 1382f ) is amended— (1) in the section heading, by inserting ; inflation adjustment after benefits ; and (2) by adding at the end the following: (d) In the case of any calendar year after 2022, each of the amounts specified in section 1611(a)(3) shall be increased by multiplying each such amount by the quotient (not less than 1) obtained by dividing— (1) the average of the consumer price index for all urban consumers (all items; United States city average, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by (2) such average for the 12-month period ending with September 2021. . | https://www.govinfo.gov/content/pkg/BILLS-117s4102is/xml/BILLS-117s4102is.xml |
117-s-4103 | II 117th CONGRESS 2d Session S. 4103 IN THE SENATE OF THE UNITED STATES April 28, 2022 Ms. Hassan (for herself and Ms. Collins ) 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 treat contributions to a qualified tuition program as qualified retirement savings contributions for purposes of the saver's credit.
1. Short title This Act may be cited as the Helping Parents Save for College Act of 2022 . 2. Treatment of contributions to qualified tuition program (a) In general Paragraph (1) of section 25B(d) of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of subparagraph (C), (2) by striking the period at the end of subparagraph (D) and inserting , and , and (3) by adding at the end the following new subparagraph: (E) the amount of any contributions made by such individual to any qualified tuition program (as defined in section 529(b)) of which the individual or a dependent of the individual is the designated beneficiary (as defined in section 529(e)(1)). . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Special rollover to Roth IRA from long-term qualified tuition program (a) In general Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Special rollover to Roth IRA from long-term qualified tuition program For purposes of this section— (i) In general In the case of a distribution from a qualified tuition program which has been maintained by an account owner for the 10-year period ending on the date of such distribution— (I) subparagraph (A) shall not apply to any portion of such distribution which, not later than 60 days after such distribution, is paid into a Roth IRA maintained for the benefit of such account owner or the designated beneficiary under such qualified tuition program, and (II) such portion shall be treated as a rollover contribution for purposes of section 408A(e). (ii) Limitation Clause (i) shall only apply to so much of any distribution as does not exceed the lesser of— (I) the amount applicable to the account owner under section 408A(c)(2) for the taxable year, or (II) the aggregate amount contributed to the program (and earnings attributable thereto) before the 5-year period ending on the date of the distribution. . (b) Qualified rollover contribution Paragraph (1) of section 408A(e) of the Internal Revenue Code of 1986 is amended— (1) by striking contribution— and inserting contribution to a Roth IRA— , (2) by striking to a Roth IRA in subparagraph (A), (3) by striking the period at the end of subparagraph (B) and inserting , or , and (4) by inserting after subparagraph (B) the following new subparagraph: (C) from a qualified tuition program to the extent provided in section 529(c)(3)(E). . (c) Effective date The amendments made by this section shall apply with respect to distributions in taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4103is/xml/BILLS-117s4103is.xml |
117-s-4104 | II 117th CONGRESS 2d Session S. 4104 IN THE SENATE OF THE UNITED STATES April 28, 2022 Ms. Sinema (for herself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.
1. Short title This Act may be cited as the Hualapai Tribe Water Rights Settlement Act of 2022 . 2. Purposes The purposes of this Act are— (1) to resolve, fully and finally, all claims to rights to water in the State, including the Verde River, the Bill Williams River, and the Colorado River, of— (A) the Hualapai Tribe, on behalf of the Hualapai Tribe and the members of the Hualapai Tribe; and (B) the United States, acting as trustee for the Hualapai Tribe, the members of the Hualapai Tribe, and the allottees; (2) to authorize, ratify, and confirm the Hualapai Tribe water rights settlement agreement, to the extent that agreement is consistent with this Act; (3) to authorize and direct the Secretary to execute and perform the duties and obligations of the Secretary under the Hualapai Tribe water rights settlement agreement and this Act; and (4) to authorize the appropriation of funds necessary to carry out the Hualapai Tribe water rights settlement agreement and this Act. 3. Definitions In this Act: (1) 1947 judgment The term 1947 Judgment means the Judgment and the Stipulation and Agreement, including exhibits to the Judgment and the Stipulation and Agreement, entered on March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. E–190 (D. Ariz.) and attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.1. (2) AFY The term AFY means acre-feet per year. (3) Allotment The term allotment means any of the 4 off-reservation parcels that are— (A) held in trust by the United States for individual Indians in the Big Sandy River basin in Mohave County, Arizona, under the patents numbered 1039995, 1039996, 1039997, and 1019494; and (B) identified as Parcels 1A, 1B, 1C, and 2 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6. (4) Allottee The term allottee means any Indian owner of an allotment. (5) Available cap supply The term available CAP supply means, for any year— (A) all fourth priority water available for delivery through the Central Arizona Project; (B) water available from Central Arizona Project dams and reservoirs other than the Modified Roosevelt Dam; and (C) return flows captured by the Secretary for Central Arizona Project use. (6) Bill williams act The term Bill Williams Act means the Bill Williams River Water Rights Settlement Act of 2014 ( Public Law 113–223 ; 128 Stat. 2096). (7) Bill williams agreements The term Bill Williams agreements means the Amended and Restated Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, including all exhibits to each agreement, copies of which (excluding exhibits) are attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.11. (8) Bill williams river phase 2 enforceability date The term Bill Williams River Phase 2 Enforceability Date means the date described in section 14(d). (9) Bill williams river phase 2 water rights settlement agreement The term Bill Williams River phase 2 water rights settlement agreement means the agreement of that name that is attached to, and incorporated in, the Hualapai Tribe water rights settlement agreement as Exhibit 4.3.3. (10) Cap contract The term CAP contract means a long-term contract (as defined in the CAP repayment stipulation) with the United States for delivery of CAP water through the CAP system. (11) Cap contractor (A) In general The term CAP contractor means a person that has entered into a CAP contract. (B) Inclusion The term CAP contractor includes the Hualapai Tribe. (12) Cap fixed om&r charge The term CAP fixed OM&R charge has the meaning given the term Fixed OM&R Charge in the CAP repayment stipulation. (13) Cap m&i priority water The term CAP M&I priority water means water within the available CAP supply having a municipal and industrial delivery priority. (14) Cap nia priority water The term CAP NIA priority water means water within the available CAP supply having a non-Indian agricultural delivery priority. (15) Cap operating agency The term CAP operating agency means— (A) the 1 or more entities authorized to assume responsibility for the care, operation, maintenance, and replacement of the CAP system; and (B) as of the date of enactment of this Act, the Central Arizona Water Conservation District. (16) Cap pumping energy charge The term CAP pumping energy charge has the meaning given the term Pumping Energy Charge in the CAP repayment stipulation. (17) Cap repayment contract The term CAP repayment contract means— (A) the contract dated December 1, 1988 (Contract No. 14–06–W–245, Amendment No. 1), between the United States and the Central Arizona Water Conservation District for the Delivery of Water and Repayment of Costs of the Central Arizona Project; and (B) any amendment to, or revision of, that contract. (18) Cap repayment stipulation The term CAP repayment stipulation means the Stipulated Judgment and the Stipulation for Judgment, including any exhibits to those documents, entered on November 21, 2007, in the United States District Court for the District of Arizona in the consolidated civil action Central Arizona Water Conservation District v. United States, numbered CIV 95–625–TUC–WDB (EHC) and CIV 95–1720–PHX–EHC. (19) Cap subcontract The term CAP subcontract means a long-term subcontract (as defined in the CAP repayment stipulation) with the United States and the Central Arizona Water Conservation District for the delivery of CAP water through the CAP system. (20) Cap subcontractor The term CAP subcontractor means a person that has entered into a CAP subcontract. (21) Cap system The term CAP system means— (A) the Mark Wilmer Pumping Plant; (B) the Hayden-Rhodes Aqueduct; (C) the Fannin-McFarland Aqueduct; (D) the Tucson Aqueduct; (E) any pumping plant or appurtenant work of a feature described in subparagraph (A), (B), (C), or (D); and (F) any extension of, addition to, or replacement for a feature described in subparagraph (A), (B), (C), (D), or (E). (22) Cap water The term CAP water has the meaning given the term Project Water in the CAP repayment stipulation. (23) Central arizona project The term Central Arizona Project means the reclamation project authorized and constructed by the United States in accordance with title III of the Colorado River Basin Project Act ( 43 U.S.C. 1521 et seq. ). (24) Central arizona water conservation district The term Central Arizona Water Conservation District means the political subdivision of the State that is the contractor under the CAP repayment contract. (25) Colorado river compact The term Colorado River Compact means the Colorado River Compact of 1922, as ratified and reprinted in article 2 of chapter 7 of title 45, Arizona Revised Statutes. (26) Colorado river water entitlement The term Colorado River water entitlement means the right or authorization to use Colorado River water in the State through a mainstem contract with the Secretary pursuant to section 5 of the Boulder Canyon Project Act ( 43 U.S.C. 617d ). (27) Diversion The term diversion means an act to divert. (28) Divert The term divert means to receive, withdraw, develop, produce, or capture water using— (A) a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, dam, or any other mechanical device; or (B) any other act of man. (29) Domestic purpose (A) In general The term domestic purpose means any use relating to the supply, service, or activity of a household or private residence. (B) Inclusions The term domestic purpose includes the application of water to not more than 2 acres of land to produce a plant or parts of a plant for— (i) sale or human consumption; or (ii) use as feed for livestock, range livestock, or poultry. (30) Effluent The term effluent means water that— (A) has been used in the State for domestic, municipal, or industrial purposes, other than solely for hydropower generation; and (B) is available for reuse for any purpose, regardless or whether the water has been treated to improve the quality of the water. (31) Enforceability date The term Enforceability Date means the date described in section 14(a). (32) Exchange The term exchange means a trade between 1 or more persons of any water for any other water, if each person has a right or claim to use the water the person provides in the trade, regardless of whether the water is traded in equal quantities or other consideration is included in the trade. (33) Fourth priority water The term fourth priority water means Colorado River water that is available for delivery in the State for the satisfaction of entitlements— (A) in accordance with contracts, Secretarial reservations, perfected rights, and other arrangements between the United States and water users in the State entered into or established after September 30, 1968, for use on Federal, State, or privately owned land in the State, in a total quantity of not greater than 164,652 AFY of diversions; and (B) after first providing for the delivery of Colorado River water for the CAP system, including for use on Indian land, under section 304(e) of the Colorado River Basin Project Act ( 43 U.S.C. 1524(e) ), in accordance with the CAP repayment contract. (34) Freeport (A) In general The term Freeport means the Delaware corporation named Freeport Minerals Corporation . (B) Inclusions The term Freeport includes all subsidiaries, affiliates, successors, and assigns of Freeport Minerals Corporation, including Byner Cattle Company, a Nevada corporation. (35) Gila river adjudication The term Gila River adjudication means the action pending in the Superior Court of the State, in and for the County of Maricopa, In Re the General Adjudication of All Rights To Use Water In The Gila River System and Source, W–1 (Salt), W–2 (Verde), W–3 (Upper Gila), W–4 (San Pedro) (Consolidated). (36) Gila river adjudication court The term Gila River adjudication court means the Superior Court of the State, in and for the County of Maricopa, exercising jurisdiction over the Gila River adjudication. (37) Gila river adjudication decree The term Gila River adjudication decree means the judgment or decree entered by the Gila River adjudication court in substantially the same form as the form of judgment attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43. (38) Groundwater The term groundwater means all water beneath the surface of the Earth within the State that is not— (A) surface water; (B) effluent; or (C) Colorado River water. (39) Hualapai fee land The term Hualapai fee land means land, other than Hualapai trust land, that— (A) is located in the State; (B) is located outside the exterior boundaries of the Hualapai Reservation or Hualapai trust land; and (C) as of the Enforceability Date, is owned by the Hualapai Tribe, including by a tribally owned corporation. (40) Hualapai land The term Hualapai land means— (A) the Hualapai Reservation; (B) Hualapai trust land; and (C) Hualapai fee land. (41) Hualapai reservation The term Hualapai Reservation means the land within the exterior boundaries of the Hualapai Reservation, including— (A) all land withdrawn by the Executive order dated January 4, 1883, as modified by the May 28, 1942, order of the Secretary pursuant to the Act of February 20, 1925 (43 Stat. 954, chapter 273); (B) the land identified by the Executive orders dated December 22, 1898, May 14, 1900, and June 2, 1911; and (C) the land added to the Hualapai Reservation by sections 11 and 12. (42) Hualapai tribe The term Hualapai Tribe means the Hualapai Tribe, a federally recognized Indian Tribe of Hualapai Indians organized under section 16 of the Act of June 18, 1934 ( 25 U.S.C. 5123 ) (commonly known as the Indian Reorganization Act ). (43) Hualapai tribe cap water The term Hualapai Tribe CAP water means the 4,000 AFY of the CAP NIA priority water that— (A) was previously allocated to non-Indian agricultural entities; (B) was retained by the Secretary for reallocation to Indian Tribes in the State pursuant to section 104(a)(1)(A)(iii) of the Central Arizona Project Settlement Act of 2004 ( Public Law 108–451 ; 118 Stat. 3487); and (C) is reallocated to the Hualapai Tribe pursuant to section 13. (44) Hualapai tribe water delivery contract The term Hualapai Tribe water delivery contract means the contract entered into in accordance with the Hualapai Tribe water rights settlement agreement and section 13(c) for the delivery of Hualapai Tribe CAP water. (45) Hualapai tribe water rights settlement agreement (A) In general The term Hualapai Tribe water rights settlement agreement means the agreement, including exhibits, entitled Hualapai Tribe Water Rights Settlement Agreement and dated February 11, 2019. (B) Inclusions The term Hualapai Tribe water rights settlement agreement includes— (i) any amendments necessary to make the Hualapai Tribe water rights settlement agreement consistent with this Act; and (ii) any other amendments approved by the parties to the Hualapai Tribe water rights settlement agreement and the Secretary. (46) Hualapai trust land The term Hualapai trust land means land, other than Hualapai fee land, that is— (A) located— (i) in the State; and (ii) outside the exterior boundaries of the Hualapai Reservation; and (B) as of the Enforceability Date, held in trust by the United States for the benefit of the Hualapai Tribe. (47) Hualapai water project The term Hualapai Water Project means the project constructed in accordance with section 6(a)(7)(A). (48) Hualapai water trust fund account The term Hualapai Water Trust Fund Account means the account established under section 6(a)(1). (49) 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 ). (50) Injury to water rights (A) In general The term injury to water rights means any interference with, diminution of, or deprivation of, a water right under Federal, State, or other law. (B) Exclusion The term injury to water rights does not include any injury to water quality. (51) Lower basin The term lower basin has the meaning given the term in article II(g) of the Colorado River Compact. (52) Lower colorado river basin development fund The term Lower Colorado River Basin Development Fund means the fund established by section 403(a) of the Colorado River Basin Project Act ( 43 U.S.C. 1543(a) ). (53) Member The term member means any person duly enrolled as a member of the Hualapai Tribe. (54) OM&R The term OM&R means— (A) any recurring or ongoing activity relating to the day-to-day operation of a project; (B) any activity relating to scheduled or unscheduled maintenance of a project; and (C) any activity relating to replacing a feature of a project. (55) Parcel 1 The term Parcel 1 means the parcel of land that is— (A) depicted as 3 contiguous allotments identified as 1A, 1B, and 1C on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and (B) held in trust for certain allottees. (56) Parcel 2 The term Parcel 2 means the parcel of land that is— (A) depicted as Parcel 2 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and (B) held in trust for certain allottees. (57) Parcel 3 The term Parcel 3 means the parcel of land that is— (A) depicted as Parcel 3 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; (B) held in trust for the Hualapai Tribe; and (C) part of the Hualapai Reservation pursuant to Executive Order 1368, dated June 2, 1911. (58) Party The term party means a person that is a signatory to the Hualapai Tribe water rights settlement agreement. (59) Secretary The term Secretary means the Secretary of the Interior. (60) State The term State means the State of Arizona. (61) Stock watering The term stock watering means the watering of livestock, range livestock, or poultry. (62) Surface water The term surface water means all water in the State that is appropriable under State law. (63) Truxton basin The term Truxton Basin means the groundwater aquifer described in the report issued by the United States Geological Survey entitled Groundwater Availability in the Truxton Basin, Northwestern Arizona , Scientific Investigations Report No. 2020–5017–A. (64) Water The term water , when used without a modifying adjective, means— (A) groundwater; (B) surface water; (C) effluent; and (D) Colorado River water. (65) Water right The term water right means any right in or to groundwater, surface water, effluent, or Colorado River water under Federal, State, or other law. 4. Ratification and execution of hualapai tribe water rights settlement agreement (a) Ratification (1) In general Except as modified by this Act and to the extent the Hualapai Tribe water rights settlement agreement does not conflict with this Act, the Hualapai Tribe water rights settlement agreement is authorized, ratified, and confirmed. (2) Amendments If an amendment to the Hualapai Tribe water rights settlement agreement, or to any exhibit attached to the Hualapai Tribe water rights settlement agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the Hualapai Tribe water rights settlement agreement consistent with this Act, the amendment is authorized, ratified, and confirmed, to the extent the amendment is consistent with this Act. (b) Execution (1) In general To the extent the Hualapai Tribe water rights settlement agreement does not conflict with this Act, the Secretary shall execute the Hualapai Tribe water rights settlement agreement, including all exhibits to, or parts of, the Hualapai Tribe water rights settlement agreement requiring the signature of the Secretary. (2) Modifications Nothing in this Act prohibits the Secretary from approving any modification to an appendix or exhibit to the Hualapai Tribe water rights settlement agreement that is consistent with this Act, to the extent the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law. (c) Environmental compliance (1) In general In implementing the Hualapai Tribe water rights settlement agreement (including all exhibits to the Hualapai Tribe water rights settlement agreement requiring the signature of the Secretary) and this Act, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (C) all other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the Hualapai Tribe water rights settlement agreement and this Act, the Hualapai Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the Hualapai Tribe water rights settlement agreement by the Secretary under this section shall not constitute a major action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 5. Water rights (a) Water rights To be held in trust (1) Hualapai tribe The United States shall hold the following water rights in trust for the benefit of the Hualapai Tribe: (A) The water rights for the Hualapai Reservation described in subparagraph 4.2 of the Hualapai Tribe water rights settlement agreement. (B) The water rights for Hualapai trust land described in subparagraph 4.4 of the Hualapai Tribe water rights settlement agreement. (C) The water rights described in section 12(e)(2) for any land taken into trust by the United States for the benefit of the Hualapai Tribe— (i) after the Enforceability Date; and (ii) in accordance with section 12(e)(1). (D) All Hualapai Tribe CAP water. (2) Allottees The United States shall hold in trust for the benefit of the allottees all water rights for the allotments described in subparagraph 4.3.2 of the Hualapai Tribe water rights settlement agreement. (b) Forfeiture and abandonment The following water rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law: (1) The water rights for the Hualapai Reservation described in subparagraph 4.2 of the Hualapai Tribe water rights settlement agreement. (2) The water rights for Hualapai trust land described in subparagraph 4.4 of the Hualapai Tribe water rights settlement agreement. (3) Any Colorado River water entitlement purchased by the Hualapai Tribe wholly or substantially with amounts in the Economic Development Fund described in section 8.1 of the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement. (c) Alienation Any Colorado River water entitlement purchased by the Hualapai Tribe wholly or substantially with amounts in the Economic Development Fund described in section 8.1 of the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement shall be restricted against permanent alienation by the Hualapai Tribe. (d) Hualapai tribe cap water The Hualapai Tribe shall have the right to divert, use, and store the Hualapai Tribe CAP water in accordance with section 13. (e) Colorado river water entitlements (1) Uses The Hualapai Tribe shall have the right to use any Colorado River water entitlement purchased by or donated to the Hualapai Tribe at the location to which the entitlement is appurtenant on the date on which the entitlement is purchased or donated. (2) Storage (A) In general Subject to paragraphs (3) and (5), the Hualapai Tribe may store Colorado River water available under any Colorado River water entitlement purchased by or donated to the Hualapai Tribe at underground storage facilities or groundwater savings facilities located within the State and in accordance with State law. (B) Assignments The Hualapai Tribe may assign any long-term storage credits accrued as a result of storage under subparagraph (A) in accordance with State law. (3) Transfers The Hualapai Tribe may transfer the entitlement for use or storage under paragraph (1) or (2), respectively, to another location within the State, including the Hualapai Reservation, in accordance with the Hualapai Tribe water rights settlement agreement and all applicable Federal and State laws governing the transfer of Colorado River water entitlements within the State. (4) Leases The Hualapai Tribe may lease any Colorado River water entitlement for use or storage under paragraph (1) or (2), respectively, to a water user within the State, in accordance with the Hualapai Tribe water rights settlement agreement and all applicable Federal and State laws governing the transfer of Colorado River water entitlements within the State. (5) Transports The Hualapai Tribe, or any person who leases a Colorado River water entitlement from the Hualapai Tribe under paragraph (4), may transport Colorado River water available under the Colorado River water entitlement through the Central Arizona Project in accordance with all laws of the United States and the agreements between the United States and the Central Arizona Water Conservation District governing the use of the Central Arizona Project to transport water other than CAP water. (f) Use off-Reservation No water rights to groundwater under the Hualapai Reservation or Hualapai trust land, or to surface water on the Hualapai Reservation or Hualapai trust land, may be sold, leased, transferred, or used outside the boundaries of the Hualapai Reservation or Hualapai trust land, other than under an exchange. (g) Groundwater transportation (1) Fee land Groundwater may be transported in accordance with State law away from Hualapai fee land and away from land acquired in fee by the Hualapai Tribe, including by a tribally owned corporation, after the Enforceability Date. (2) Land added to hualapai reservation Groundwater may be transported in accordance with State law away from land added to the Hualapai Reservation by sections 11 and 12 to other land within the Hualapai Reservation. 6. Hualapai water trust fund account; construction of hualapai water project; funding (a) Hualapai water trust fund account (1) Establishment The Secretary shall establish a trust fund account, to be known as the Hualapai Water Trust Fund Account , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Hualapai Water Trust Fund Account under paragraph (2), together with any interest earned on those amounts, for the purposes of carrying out this Act. (2) Deposits The Secretary shall deposit in the Hualapai Water Trust Fund Account the amounts made available pursuant to section 7(a)(1). (3) Management and interest (A) Management On receipt and deposit of funds into the Hualapai Water Trust Fund Account, the Secretary shall manage, invest, and distribute all amounts in the Hualapai Water Trust Fund Account in a manner that is consistent with the investment authority of the Secretary under— (i) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); (ii) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and (iii) this subsection. (B) Investment earnings In addition to the deposits made to the Hualapai Water Trust Fund Account under paragraph (2), any investment earnings, including interest, credited to amounts held in the Hualapai Water Trust Fund Account are authorized to be used in accordance with paragraph (7). (4) Availability of amounts (A) In general Amounts appropriated to, and deposited in, the Hualapai Water Trust Fund Account, including any investment earnings, shall be made available to the Hualapai Tribe by the Secretary beginning on the Enforceability Date, subject to the requirements of this section. (B) Use Notwithstanding subparagraph (A), amounts deposited in the Hualapai Water Trust Fund Account shall be available to the Hualapai Tribe on the date on which the amounts are deposited for environmental compliance, as provided in section 8. (5) Withdrawals (A) Withdrawals under the american indian trust fund management reform act of 1994 (i) In general The Hualapai Tribe may withdraw any portion of the amounts in the Hualapai Water Trust Fund Account on approval by the Secretary of a Tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (ii) Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Tribal management plan under this subparagraph shall require that the Hualapai Tribe spend all amounts withdrawn from the Hualapai Water Trust Fund Account and any investment earnings accrued through the investments under the Tribal management plan in accordance with this Act. (iii) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this subparagraph to ensure that amounts withdrawn by the Hualapai Tribe from the Hualapai Water Trust Fund Account under clause (i) are used in accordance with this Act. (B) Withdrawals under expenditure plan (i) In general The Hualapai Tribe may submit to the Secretary a request to withdraw funds from the Hualapai Water Trust Fund Account pursuant to an approved expenditure plan. (ii) Requirements To be eligible to withdraw amounts under an expenditure plan under this subparagraph, the Hualapai Tribe shall submit to the Secretary an expenditure plan for any portion of the Hualapai Water Trust Fund Account that the Hualapai Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (iii) Inclusions An expenditure plan under this subparagraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Hualapai Water Trust Fund Account will be used by the Hualapai Tribe, in accordance with paragraph (7). (iv) Approval The Secretary shall approve an expenditure plan submitted under clause (ii) if the Secretary determines that the plan— (I) is reasonable; and (II) is consistent with, and will be used for, the purposes of this Act. (v) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subparagraph are used in accordance with this Act. (6) Effect of title Nothing in this section gives the Hualapai Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (5)(A) or an expenditure plan under paragraph (5)(B) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). (7) Uses Amounts from the Hualapai Water Trust Fund Account shall be used by the Hualapai Tribe— (A) to plan, design, construct, and conduct related activities, including compliance with Federal environmental laws under section 8, the Hualapai Water Project, which shall be designed to divert, treat, and convey up to 3,414 AFY of water from the Colorado River in the lower basin in the State, including locations on or directly adjacent to the Hualapai Reservation, for municipal, commercial, and industrial uses on the Hualapai Reservation; (B) to perform OM&R on the Hualapai Water Project; (C) to construct facilities to transport electrical power to pump water for the Hualapai Water Project; (D) to construct, repair, and replace such infrastructure as may be necessary for groundwater wells on the Hualapai Reservation and to construct infrastructure for delivery and use of such groundwater on the Hualapai Reservation; (E) to acquire land, interests in land, and water rights outside the exterior boundaries of the Hualapai Reservation that are located in the Truxton Basin; (F) to reimburse the Hualapai Tribe for any— (i) planning, design, and engineering costs associated with the Hualapai Water Project that the Hualapai Tribe incurs using Tribal funds during the period— (I) beginning on the date of enactment of this Act; and (II) ending on the Enforceability Date; and (ii) construction costs associated with the Hualapai Water Project that the Hualapai Tribe incurs using Tribal funds during the period— (I) beginning on the date on which the Secretary issues a record of decision; and (II) ending on the Enforceability Date; and (G) to make contributions to the Economic Development Fund described in section 8.1 of the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement for the purpose of purchasing additional Colorado River water entitlements and appurtenant land. (8) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Hualapai Water Trust Fund Account by the Hualapai Tribe under paragraph (5). (9) Title to infrastructure Title to, control over, and operation of any project constructed using funds from the Hualapai Water Trust Fund Account shall remain in the Hualapai Tribe. (10) OM&R All OM&R costs of any project constructed using funds from the Hualapai Water Trust Fund Account shall be the responsibility of the Hualapai Tribe. (11) No per capita distributions No portion of the Hualapai Water Trust Fund Account shall be distributed on a per capita basis to any member of the Hualapai Tribe. (12) Expenditure reports The Hualapai Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this Act. (b) Hualapai Water Settlement Implementation Fund Account (1) Establishment There is established in the Treasury of the United States a nontrust, interest-bearing account, to be known as the Hualapai Water Settlement Implementation Fund Account (referred to in this subsection as the Implementation Fund Account ) to be managed and distributed by the Secretary, for use by the Secretary for carrying out this Act. (2) Deposits The Secretary shall deposit in the Implementation Fund Account the amounts made available pursuant to section 7(a)(2). (3) Uses The Implementation Fund Account shall be used by the Secretary to carry out section 15(c), including for groundwater monitoring in the Truxton Basin. (4) Interest In addition to the deposits under paragraph (2), any investment earnings, including interest, credited to amounts unexpended in the Implementation Fund Account are authorized to be appropriated to be used in accordance with paragraph (3). 7. Authorizations of appropriations (a) Authorizations (1) Hualapai water trust fund account There is authorized to be appropriated to the Secretary for deposit in the Hualapai Water Trust Fund Account $180,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury. (2) Hualapai water settlement implementation fund account There is authorized to be appropriated to the Secretary for deposit in the Hualapai Water Settlement Implementation Fund account established by section 6(b)(1) $5,000,000. (b) Fluctuation in costs (1) In general The amount authorized to be appropriated under subsection (a)(1) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this Act, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend. (2) Construction costs adjustment The amount authorized to be appropriated under subsection (a)(1) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (4) Period of indexing The period of indexing adjustment for any increment of funding shall end on the date on which the funds are deposited in the Hualapai Water Trust Fund Account. 8. Environmental compliance (a) In general Effective beginning on the date of deposit of funds in the Hualapai Water Trust Fund Account, the Hualapai Tribe may commence any environmental, cultural, and historical compliance activities necessary to implement the Hualapai Tribe water rights settlement agreement and this Act, including activities necessary to comply with all applicable provisions of— (1) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (2) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (3) all other applicable Federal environmental or historical and cultural protection laws and regulations. (b) No effect on outcome Nothing in this Act affects or directs the outcome of any analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or any other applicable Federal environmental or historical and cultural protection law. (c) Compliance costs Any costs associated with the performance of the compliance activities under subsection (a) shall be paid from funds deposited in the Hualapai Water Trust Fund Account, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. (d) Record of decision Construction of the Hualapai Water Project shall not commence until the Secretary issues a record of decision after completion of an environmental impact statement for the Hualapai Water Project. (e) Construction costs Any costs of construction incurred by the Hualapai Tribe during the period beginning on the date on which the Secretary issues a record of decision and ending on the Enforceability Date shall be paid by the Hualapai Tribe and not from funds deposited in the Hualapai Water Trust Fund Account, subject to the condition that, pursuant to section 6(a)(7)(F), the Hualapai Tribe may be reimbursed after the Enforceability Date from the Hualapai Water Trust Fund Account for any such costs of construction incurred by the Hualapai Tribe prior to the Enforceability Date. 9. Waivers, releases, and retentions of claims (a) Waivers and releases of claims by the hualapai tribe (1) Claims against the state and others (A) In general Except as provided in subparagraph (C), the Hualapai Tribe, on behalf of the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) and the United States, acting as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), as part of the performance of the respective obligations of the Hualapai Tribe and the United States under the Hualapai Tribe water rights settlement agreement and this Act, are authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State) and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law for all— (i) past, present, and future claims for water rights, including rights to Colorado River water, for Hualapai land, arising from time immemorial and, thereafter, forever; (ii) past, present, and future claims for water rights, including rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors of the Hualapai Tribe, the members of the Hualapai Tribe, or predecessors of the members of the Hualapai Tribe; (iii) past and present claims for injury to water rights, including injury to rights to Colorado River water, for Hualapai land, arising from time immemorial through the Enforceability Date; (iv) past, present, and future claims for injury to water rights, including injury to rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors of the Hualapai Tribe, the members of the Hualapai Tribe, or predecessors of the members of the Hualapai Tribe; (v) claims for injury to water rights, including injury to rights to Colorado River water, arising after the Enforceability Date, for Hualapai land, resulting from the off-reservation diversion or use of surface water, Colorado River water, or effluent in a manner not in violation of the Hualapai Tribe water rights settlement agreement or State law; (vi) past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights settlement agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this Act; (vii) claims for water rights of the Hualapai Tribe or the United States, acting as trustee for the Hualapai Tribe and members of the Hualapai Tribe, with respect to Parcel 3, in excess of 300 AFY; (viii) claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from the off-reservation diversion or use of groundwater from— (I) any well constructed outside of the Truxton Basin on or before the date of enactment of this Act; (II) any well constructed outside of the Truxton Basin, and not more than 2 miles from the exterior boundaries of the Hualapai Reservation, after the date of enactment of this Act if— (aa) the well was constructed to replace a well in existence on the date of enactment of this Act; (bb) the replacement well was constructed within 660 feet of the well being replaced; and (cc) the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced; or (III) any well constructed outside the Truxton Basin, and not less than 2 miles from the exterior boundaries of the Hualapai Reservation, after the date of enactment of this Act, subject to the condition that the authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed set forth in the Bill Williams agreements and the Bill Williams Act, and the waivers of claims in the Bill Williams agreements and the Bill Williams Act, shall continue to apply to the parties to the Bill Williams agreements, notwithstanding the provisions of this subsection; and (ix) claims for injury to water rights arising after the Enforceability Date, for Hualapai land, resulting from the off-reservation diversion or use of groundwater in the Truxton Basin from— (I) any well constructed within the Truxton Basin for domestic purposes or stock watering— (aa) on or before the date on which the Secretary provides written notice to the State pursuant to section 15(c)(2); or (bb) after the date on which the Secretary provides written notice to the State pursuant to that section if— (AA) the well was constructed to replace a well in existence on the date on which the notice was provided; (BB) the replacement well was constructed within 660 feet of the well being replaced; and (CC) the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced; and (II) any well constructed within the Truxton Basin for purposes other than domestic purposes or stock watering— (aa) on or before the date of enactment of this Act; (bb) after the date of enactment of this Act if the Secretary has not provided written notice to the State pursuant to section 15(c)(2); or (cc) after the date of enactment of this Act if the Secretary has provided written notice to the State pursuant to section 15(c)(2) and if— (AA) the well was constructed to replace a well in existence on the on which date the notice was provided; (BB) the replacement well was constructed within 660 feet of the well being replaced; and (CC) the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced. (B) Effective date The waiver and release of claims described in subparagraph (A) shall take effect on the Enforceability Date. (C) Reservation of rights and retention of claims Notwithstanding the waiver and release of claims described in subparagraph (A), the Hualapai Tribe, acting on behalf of the Hualapai Tribe and the members of the Hualapai Tribe, and the United States, acting as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), shall retain any right— (i) subject to subparagraph 12.7 of the Hualapai Tribe water rights settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement or this Act in any Federal or State court of competent jurisdiction; (ii) to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement; (iii) to assert claims for water rights based on State law for land owned or acquired by the Hualapai Tribe in fee, under subparagraph 4.8 of the Hualapai Tribe water rights settlement agreement; (iv) to object to any claims for water rights or injury to water rights by or for any Indian Tribe or the United States, acting on behalf of any Indian Tribe; (v) to assert past, present, or future claims for injury to water rights against any Indian Tribe or the United States, acting on behalf of any Indian Tribe; (vi) to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Bill Williams agreements or the Bill Williams Act in any Federal or State court of competent jurisdiction; (vii) subject to paragraphs (1), (3), (4), and (5) of section 5(e), to assert the rights of the Hualapai Tribe under any Colorado River water entitlement purchased by or donated to the Hualapai Tribe; and (viii) to assert claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from any off-reservation diversion or use of groundwater, without regard to quantity, from— (I) any well constructed after the date of enactment of this Act outside of the Truxton Basin and not more than 2 miles from the exterior boundaries of the Hualapai Reservation, except a replacement well described in subparagraph (A)(viii)(II), subject to the authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed, and the waivers of claims, set forth in the Bill Williams agreements and the Bill Williams Act; (II) any well constructed within the Truxton Basin for domestic purposes or stock watering after the date on which the Secretary has provided written notice to the State pursuant to section 15(c)(2), except for a replacement well described in subparagraph (A)(ix)(I)(bb); and (III) any well constructed within the Truxton Basin for purposes other than domestic purposes or stock watering after the date of enactment of this Act, if the Secretary has provided notice to the State pursuant to section 15(c)(2), except for a replacement well as described in subparagraph (A)(ix)(II)(cc). (2) Claims against united states (A) In general Except as provided in subparagraph (C), the Hualapai Tribe, acting on behalf of the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) as part of the performance of the obligations of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement and this Act, is authorized to execute a waiver and release of all claims against the United States, including agencies, officials, and employees of the United States, under Federal, State, or other law for all— (i) past, present, and future claims for water rights, including rights to Colorado River water, for Hualapai land, arising from time immemorial and, thereafter, forever; (ii) past, present, and future claims for water rights, including rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors of the Hualapai Tribe, the members of the Hualapai Tribe, or predecessors of the members of the Hualapai Tribe; (iii) past and present claims relating in any manner to damages, losses, or injury to water rights (including injury to rights to Colorado River water), land, or other resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to the failure to protect, acquire, or develop water, water rights, or water infrastructure) within the State that first accrued at any time prior to the Enforceability Date; (iv) past and present claims for injury to water rights, including injury to rights to Colorado River water, for Hualapai land, arising from time immemorial through the Enforceability Date; (v) past, present, and future claims for injury to water rights, including injury to rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the Hualapai Tribe, the predecessors of the Hualapai Tribe, the members of the Hualapai Tribe, or predecessors of the members of the Hualapai Tribe; (vi) claims for injury to water rights, including injury to rights to Colorado River water, arising after the Enforceability Date for Hualapai land, resulting from the off-reservation diversion or use of surface water, Colorado River water, or effluent in a manner not in violation of the Hualapai Tribe water rights settlement agreement or State law; (vii) past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights settlement agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this Act; (viii) claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from the off-Reservation diversion or use of groundwater from— (I) any well constructed on public domain land outside of the Truxton Basin on or before the date of enactment of this Act; (II) any well constructed on public domain land outside of the Truxton Basin, and not more than 2 miles from the exterior boundaries of the Hualapai Reservation, after the date of enactment of this Act if— (aa) the well was constructed to replace a well in existence on the date of enactment of this Act; (bb) the replacement well was constructed within 660 feet of the well being replaced; and (cc) the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced; or (III) any well constructed on public domain land outside of the Truxton Basin, and not less than 2 miles from the exterior boundaries of the Hualapai Reservation, after the date of enactment of this Act, subject to the condition that the authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed set forth in the Bill Williams agreements and the Bill Williams Act, and the waivers of claims in the Bill Williams agreements and the Bill Williams Act, shall continue to apply to the parties to the Bill Williams agreements, notwithstanding the provisions of this subsection; and (ix) claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from the off-reservation diversion or use of groundwater in the Truxton Basin from— (I) any well constructed on public domain land within the Truxton Basin for domestic purposes or stock watering— (aa) on or before the date on which the Secretary provides written notice to the State pursuant to section 15(c)(2); or (bb) after the date on which the Secretary provides written notice to the State pursuant to that section if— (AA) the well was constructed to replace a well in existence on the date on which the notice was provided; (BB) the replacement well was constructed within 660 feet of the well being replaced; and (CC) the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced; and (II) any well constructed on public domain land within the Truxton Basin for purposes other than domestic purposes or stock watering— (aa) on or before the date of enactment of this Act; (bb) after the date of enactment of this Act if the Secretary has not provided written notice to the State pursuant to section 15(c)(2); or (cc) after the date of enactment of this Act if the Secretary has provided written notice to the State pursuant to section 15(c)(2) and if— (AA) the well was constructed to replace a well in existence on the date on which the notice was provided; (BB) the replacement well was constructed within 660 feet of the well being replaced; and (CC) the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced. (B) Effective date The waiver and release of claims described in subparagraph (A) shall take effect on the Enforceability Date. (C) Retention of claims Notwithstanding the waiver and release of claims described in subparagraph (A), the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) shall retain any right— (i) subject to subparagraph 12.7 of the Hualapai Tribe water rights settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement or this Act in any Federal or State court of competent jurisdiction; (ii) to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement; (iii) to assert claims for water rights based on State law for land owned or acquired by the Hualapai Tribe in fee under subparagraph 4.8 of the Hualapai Tribe water rights settlement agreement; (iv) to object to any claims for water rights or injury to water rights by or for any Indian Tribe or the United States, acting on behalf of any Indian Tribe; (v) to assert past, present, or future claims for injury to water rights against any Indian Tribe or the United States, acting on behalf of any Indian Tribe; (vi) to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Bill Williams agreements or the Bill Williams Act in any Federal or State court of competent jurisdiction; (vii) subject to paragraphs (1), (3), (4), and (5) of section 5(e), to assert the rights of the Hualapai Tribe under any Colorado River water entitlement purchased by or donated to the Hualapai Tribe; and (viii) to assert any claims for injury to water rights arising after the Enforceability Date for Hualapai land resulting from any off-reservation diversion or use of groundwater, without regard to quantity, from— (I) any well constructed after the date of enactment of this Act on public domain land outside of the Truxton Basin and not more than 2 miles from the exterior boundaries of the Hualapai Reservation, except for a replacement well described in subparagraph (A)(viii)(II), subject to the authorizations and restrictions regarding the location, size, and operation of wells in the Bill Williams River watershed, and the waivers of claims, set forth in the Bill Williams agreements and the Bill Williams Act; (II) any well constructed on public domain land within the Truxton Basin for domestic purposes or stock watering after the date on which the Secretary has provided written notice to the State pursuant to section 15(c)(2), except for a replacement well described in subparagraph (A)(ix)(I)(bb); and (III) any well constructed on public domain land within the Truxton Basin for purposes other than domestic purposes or stock watering after the date of enactment of this Act, if the Secretary has provided notice to the State pursuant to section 15(c)(2), except for a replacement well as described in subparagraph (A)(ix)(II)(cc). (b) Waivers and releases of claims by united states, acting as trustee for allottees (1) In general Except as provided in paragraph (3), the United States, acting as trustee for the allottees of the Hualapai Tribe, as part of the performance of the obligations of the United States under the Hualapai Tribe water rights settlement agreement and this Act, is authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State), the Hualapai Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law, for all— (A) past, present, and future claims for water rights, including rights to Colorado River water, for the allotments, arising from time immemorial and, thereafter, forever; (B) past, present, and future claims for water rights, including rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the allottees or predecessors of the allottees; (C) past and present claims for injury to water rights, including injury to rights to Colorado River water, for the allotments, arising from time immemorial through the Enforceability Date; (D) past, present, and future claims for injury to water rights, if any, including injury to rights to Colorado River water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land by the allottees or predecessors of the allottees; (E) claims for injury to water rights, including injury to rights to Colorado River water, arising after the Enforceability Date, for the allotments, resulting from the off-reservation diversion or use of water in a manner not in violation of the Hualapai Tribe water rights settlement agreement or State law; (F) past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights settlement agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this Act; and (G) claims for any water rights of the allottees or the United States acting as trustee for the allottees with respect to— (i) Parcel 1, in excess of 82 AFY; or (ii) Parcel 2, in excess of 312 AFY. (2) Effective date The waiver and release of claims under paragraph (1) shall take effect on the Enforceability Date. (3) Retention of claims Notwithstanding the waiver and release of claims described in paragraph (1), the United States, acting as trustee for the allottees of the Hualapai Tribe, shall retain any right— (A) subject to subparagraph 12.7 of the Hualapai Tribe water rights settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the allottees, if any, under the Hualapai Tribe water rights settlement agreement or this Act in any Federal or State court of competent jurisdiction; (B) to assert claims for injuries to, and seek enforcement of, the rights of the allottees under any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement; (C) to object to any claims for water rights or injury to water rights by or for— (i) any Indian Tribe other than the Hualapai Tribe; or (ii) the United States, acting on behalf of any Indian Tribe other than the Hualapai Tribe; (D) to assert past, present, or future claims for injury to water rights against— (i) any Indian Tribe other than the Hualapai Tribe; or (ii) the United States, acting on behalf of any Indian Tribe other than the Hualapai Tribe; and (E) to assert claims for injuries to, and seek enforcement of, the rights of the allottees under the Bill Williams agreements or the Bill Williams Act in any Federal or State court of competent jurisdiction. (c) Waiver and release of claims by united states against hualapai tribe (1) In general Except as provided in paragraph (3), the United States, in all capacities (except as trustee for an Indian Tribe other than the Hualapai Tribe), as part of the performance of the obligations of the United States under the Hualapai Tribe water rights settlement agreement and this Act, is authorized to execute a waiver and release of all claims against the Hualapai Tribe, the members of the Hualapai Tribe, or any agency, official, or employee of the Hualapai Tribe, under Federal, State or any other law for all— (A) past and present claims for injury to water rights, including injury to rights to Colorado River water, resulting from the diversion or use of water on Hualapai land arising from time immemorial through the Enforceability Date; (B) claims for injury to water rights, including injury to rights to Colorado River water, arising after the Enforceability Date, resulting from the diversion or use of water on Hualapai land in a manner that is not in violation of the Hualapai Tribe water rights settlement agreement or State law; and (C) past, present, and future claims arising out of, or related in any manner to, the negotiation, execution, or adoption of the Hualapai Tribe water rights settlement agreement, any judgment or decree approving or incorporating the Hualapai Tribe water rights settlement agreement, or this Act. (2) Effective date The waiver and release of claims under paragraph (1) shall take effect on the Enforceability Date. (3) Retention of claims Notwithstanding the waiver and release of claims described in paragraph (1), the United States shall retain any right to assert any claim not expressly waived in accordance with that paragraph, including any right to assert a claim for injury to, and seek enforcement of, any right of the United States under the Bill Williams agreements or the Bill Williams Act, in any Federal or State court of competent jurisdiction. (d) Bill williams river phase 2 water rights settlement agreement waiver, release, and retention of claims (1) Claims against freeport (A) In general Except as provided in subparagraph (C), the United States, acting solely on behalf of the Department of the Interior (including the Bureau of Land Management and the United States Fish and Wildlife Service), as part of the performance of the obligations of the United States under the Bill Williams River phase 2 water rights settlement agreement, is authorized to execute a waiver and release of all claims of the United States against Freeport under Federal, State, or any other law for— (i) any past or present claim for injury to water rights resulting from— (I) the diversion or use of water by Freeport pursuant to the water rights described in Exhibit 4.1(ii) to the Bill Williams River phase 2 water rights settlement agreement; and (II) any other diversion or use of water for mining purposes authorized by the Bill Williams River phase 2 water rights settlement agreement; (ii) any claim for injury to water rights arising after the Bill Williams River Phase 2 Enforceability Date resulting from— (I) the diversion or use of water by Freeport pursuant to the water rights described in Exhibit 4.1(ii) to the Bill Williams River phase 2 water rights settlement agreement in a manner not in violation of the Bill Williams River phase 2 water rights settlement agreement; (II) the diversion of up to 2,500 AFY of water by Freeport from Sycamore Creek as permitted by section 4.3(iv) of the Bill Williams River phase 2 water rights settlement agreement; and (III) any other diversion or use of water by Freeport authorized by the Bill Williams River phase 2 water rights settlement agreement, subject to the condition that such a diversion and use of water is conducted in a manner not in violation of the Bill Williams River phase 2 water rights settlement agreement; and (iii) any past, present, or future claim arising out of, or relating in any manner to, the negotiation or execution of the Bill Williams River phase 2 water rights settlement agreement, the Hualapai Tribe water rights settlement agreement, or this Act. (B) Effective date The waiver and release of claims under subparagraph (A) shall take effect on the Bill Williams River Phase 2 Enforceability Date. (C) Retention of claims The United States shall retain all rights not expressly waived in the waiver and release of claims under subparagraph (A), including, subject to section 6.4 of the Bill Williams River phase 2 water rights settlement agreement, the right to assert a claim for injury to, and seek enforcement of, the Bill Williams River phase 2 water rights settlement agreement or this Act, in any Federal or State court of competent jurisdiction (but not a Tribal court). (2) No precedential effect (A) Pending and future proceedings The Bill Williams River phase 2 water rights settlement agreement shall have no precedential effect in any other administrative or judicial proceeding, including— (i) any pending or future general stream adjudication, or any other litigation involving Freeport or the United States, including any proceeding to establish or quantify a Federal reserved water right; (ii) any pending or future administrative or judicial proceeding relating to an application— (I) to appropriate water (for instream flow or other purposes); (II) to sever and transfer a water right; (III) to change a point of diversion; or (IV) to change a place of use for any water right; and (iii) any proceeding regarding water rights or a claim relating to any Federal land. (B) No methodology or standard Nothing in the Bill Williams River phase 2 water rights settlement agreement establishes any standard or methodology to be used for the quantification of any claim to water rights (whether based on Federal or State law) in any judicial or administrative proceeding, other than a proceeding to enforce the terms of the Bill Williams River phase 2 water rights settlement agreement. 10. Satisfaction of water rights and other benefits (a) Hualapai tribe and members (1) In general The benefits realized by the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) under the Hualapai Tribe water rights settlement agreement, this Act, the Bill Williams agreements, and the Bill Williams Act shall be in full satisfaction of all claims of the Hualapai Tribe, the members of the Hualapai Tribe, and the United States, acting in the capacity of the United States as trustee for the Hualapai Tribe and the members of the Hualapai Tribe, for water rights and injury to water rights under Federal, State, or other law with respect to Hualapai land. (2) Satisfaction Any entitlement to water of the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees) or the United States, acting in the capacity of the United States as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), for Hualapai land shall be satisfied out of the water resources and other benefits granted, confirmed, quantified, or recognized by the Hualapai Tribe water rights settlement agreement, this Act, the Bill Williams agreements, and the Bill Williams Act to or for the Hualapai Tribe, the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), and the United States, acting in the capacity of the United States as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees). (b) Allottee water claims (1) In general The benefits realized by the allottees of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement, this Act, the Bill Williams agreements, and the Bill Williams Act shall be in complete replacement of and substitution for, and full satisfaction of, all claims with respect to allotments of the allottees and the United States, acting in the capacity of the United States as trustee for the allottees, for water rights and injury to water rights under Federal, State, or other law. (2) Satisfaction Any entitlement to water of the allottees or the United States, acting in the capacity of the United States as trustee for the allottees, for allotments shall be satisfied out of the water resources and other benefits granted, confirmed, or recognized by the Hualapai Tribe water rights settlement agreement, this Act, the Bill Williams agreements, and the Bill Williams Act to or for the allottees and the United States, acting as trustee for the allottees. (c) Effect Notwithstanding subsections (a) and (b), nothing in this Act or the Hualapai Tribe water rights settlement agreement— (1) recognizes or establishes any right of a member of the Hualapai Tribe or an allottee to water on Hualapai land; or (2) prohibits the Hualapai Tribe or an allottee from acquiring additional water rights by purchase of land, credits, or water rights. 11. Land added to Hualapai reservation The following land in the State is added to the Hualapai Reservation: (1) Public Law 93–560 The land held in trust by the United States for the Hualapai Tribe pursuant to the first section of Public Law 93–560 (88 Stat. 1820). (2) 1947 judgment The land deeded to the United States in the capacity of the United States as trustee for the Hualapai Tribe pursuant to the 1947 judgment. (3) Truxton triangle That portion of the S 1⁄2 sec. 3, lying south of the south boundary of the Hualapai Reservation and north of the north right-of-way boundary of Arizona Highway 66, and bounded by the west section line of that sec. 3 and the south section line of that sec. 3, T. 24 N., R. 12 W., Gila and Salt River Base and Meridian, Mohave County, Arizona. (4) Hunt parcel 4 SW 1⁄4 NE 1⁄4 sec. 7, T. 25 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave County, Arizona. (5) Hunt parcels 1 and 2 In T. 26 N., R. 14 W., Gila and Salt River Base and Meridian, Mohave County, Arizona— (A) NE 1⁄4 SW 1⁄4 sec. 9; and (B) NW 1⁄4 SE 1⁄4 sec. 27. (6) Hunt parcel 3 SW 1⁄4 NE 1⁄4 sec. 25, T. 27 N., R. 15 W., Gila and Salt River Base and Meridian, Mohave County, Arizona. (7) Hunt parcel 5 In sec. 1, T. 25 N., R. 14 W., Gila and Salt River Base and Meridian, Mohave County, Arizona— (A) SE 1/4 ; (B) E 1/2 SW 1/4 ; and (C) SW 1/4 SW 1/4 . (8) Valentine cemetery parcel W 1/2 W 1/4 SW 1/4 sec. 22, T. 23 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave County, Arizona, excepting and reserving to the United States a right-of-way for ditches or canals constructed by the authority of the United States, pursuant to the Act of August 30, 1890 ( 43 U.S.C. 945 ). 12. Trust land (a) Land To be taken into trust (1) In general On the date of enactment of this Act, the Secretary is authorized and directed to take legal title to the land described in paragraph (2) and hold such land in trust for the benefit of the Hualapai Tribe. (2) Cholla canyon ranch parcels The land referred to in paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave County, Arizona— (A) SW 1⁄4 sec. 25; and (B) NE 1⁄4 and NE 1⁄4 SE 1⁄4 sec. 35. (b) Reservation status The land taken into trust under subsection (a) shall be part of the Hualapai Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. (c) Valid existing rights The land taken into trust under subsection (a) shall be subject to valid existing rights, including easements, rights-of-way, contracts, and management agreements. (d) Limitations Nothing in subsection (a) affects— (1) any water right of the Hualapai Tribe in existence under State law before the date of enactment of this Act; or (2) any right or claim of the Hualapai Tribe to any land or interest in land in existence before the date of enactment of this Act. (e) Future trust land (1) New statutory requirement Effective beginning on the date of enactment of this Act, and except as provided in subsection (a), any land located in the State outside the exterior boundaries of the Hualapai Reservation may only be taken into trust by the United States for the benefit of the Hualapai Tribe by an Act of Congress— (A) that specifically authorizes the transfer of the land for the benefit of the Hualapai Tribe; and (B) the date of enactment of which is after the date of enactment of this Act. (2) Water rights Any land taken into trust for the benefit of the Hualapai Tribe under paragraph (1)— (A) shall include water rights only under State law; and (B) shall not include any federally reserved water rights. 13. Reallocation of CAP NIA priority water; firming; water delivery contract; Colorado River accounting (a) Reallocation to the hualapai tribe On the Enforceability Date, the Secretary shall reallocate to the Hualapai Tribe the Hualapai Tribe CAP water. (b) Firming (1) Hualapai tribe cap water Except as provided in subsection (c)(2)(H), the Hualapai Tribe CAP water shall be firmed as follows: (A) In accordance with section 105(b)(1)(B) of the Central Arizona Project Settlement Act of 2004 ( Public Law 108–451 ; 118 Stat. 3492), for the 100-year period beginning on January 1, 2008, the Secretary shall firm 557.50 AFY of the Hualapai Tribe CAP water to the equivalent of CAP M&I priority water. (B) In accordance with section 105(b)(2)(B) of the Central Arizona Project Settlement Act of 2004 ( Public Law 108–451 ; 118 Stat. 3492), for the 100-year period beginning on January 1, 2008, the State shall firm 557.50 AFY of the Hualapai Tribe CAP water to the equivalent of CAP M&I priority water. (2) Additional firming The Hualapai Tribe may, at the expense of the Hualapai Tribe, take additional actions to firm or supplement the Hualapai Tribe CAP water, including by entering into agreements for that purpose with the Central Arizona Water Conservation District, the Arizona Water Banking Authority, or any other lawful authority, in accordance with State law. (c) Hualapai tribe water delivery contract (1) In general In accordance with the Hualapai Tribe water rights settlement agreement and the requirements described in paragraph (2), the Secretary shall enter into the Hualapai Tribe water delivery contract. (2) Requirements The requirements referred to in paragraph (1) are the following: (A) In general The Hualapai Tribe water delivery contract shall— (i) be for permanent service (as that term is used in section 5 of the Boulder Canyon Project Act ( 43 U.S.C. 617d )); (ii) take effect on the Enforceability Date; and (iii) be without limit as to term. (B) Hualapai tribe cap water (i) In general The Hualapai Tribe CAP water may be delivered for use in the lower basin in the State through— (I) the Hualapai Water Project; or (II) the CAP system. (ii) Method of delivery The Secretary shall authorize the delivery of Hualapai Tribe CAP water under this subparagraph to be effected by the diversion and use of water directly from the Colorado River in the State. (C) Contractual delivery The Secretary shall deliver the Hualapai Tribe CAP water to the Hualapai Tribe in accordance with the terms and conditions of the Hualapai Tribe water delivery contract. (D) Distribution of cap nia priority water (i) In general Except as provided in clause (ii), if, for any year, the available CAP supply is insufficient to meet all demands under CAP contracts and CAP subcontracts for the delivery of CAP NIA priority water, the Secretary and the CAP operating agency shall prorate the available CAP NIA priority water among the CAP contractors and CAP subcontractors holding contractual entitlements to CAP NIA priority water on the basis of the quantity of CAP NIA priority water used by each such CAP contractor and CAP subcontractor in the last year in which the available CAP supply was sufficient to fill all orders for CAP NIA priority water. (ii) Exception (I) In general Notwithstanding clause (i), if the available CAP supply is insufficient to meet all demands under CAP contracts and CAP subcontracts for the delivery of CAP NIA priority water in the year following the year in which the Enforceability Date occurs, the Secretary shall assume that the Hualapai Tribe used the full volume of Hualapai Tribe CAP water in the last year in which the available CAP supply was sufficient to fill all orders for CAP NIA priority water. (II) Continuation The assumption described in subclause (I) shall continue until the available CAP supply is sufficient to meet all demands under CAP contracts and CAP subcontracts for the delivery of CAP NIA priority water. (III) Determination The Secretary shall determine the quantity of CAP NIA priority water used by the Gila River Indian Community and the Tohono O’odham Nation in the last year in which the available CAP supply was sufficient to fill all orders for CAP NIA priority water in a manner consistent with the settlement agreements with those Tribes. (E) Leases and exchanges of hualapai tribe cap water On and after the date on which the Hualapai Tribe water delivery contract becomes effective, the Hualapai Tribe may, with the approval of the Secretary, enter into contracts or options to lease, or contracts or options to exchange, the Hualapai Tribe CAP water within the lower basin in the State, providing for the temporary delivery to other persons of any portion of Hualapai Tribe CAP water. (F) Term of leases and exchanges (i) Leasing Contracts or options to lease under subparagraph (E) shall be for a term of not more than 100 years. (ii) Exchanging Contracts or options to exchange under subparagraph (E) shall be for the term provided for in the contract or option, as applicable. (iii) Renegotiation The Hualapai Tribe may, with the approval of the Secretary, renegotiate any lease described in subparagraph (E), at any time during the term of the lease, if the term of the renegotiated lease does not exceed 100 years. (G) Prohibition on permanent alienation No Hualapai Tribe CAP water may be permanently alienated. (H) No firming of leased water The firming obligations described in subsection (b)(1) shall not apply to any Hualapai Tribe CAP water leased by the Hualapai Tribe to another person. (I) Entitlement to lease and exchange funds; obligations of united states (i) Entitlement (I) In general The Hualapai Tribe shall be entitled to all consideration due to the Hualapai Tribe under any contract to lease, option to lease, contract to exchange, or option to exchange the Hualapai Tribe CAP water entered into by the Hualapai Tribe. (II) Exclusion The United States shall not, in any capacity, be entitled to the consideration described in subclause (I). (ii) Obligations of united states The United States shall not, in any capacity, have any trust or other obligation to monitor, administer, or account for, in any manner, any funds received by the Hualapai Tribe as consideration under any contract to lease, option to lease, contract to exchange, or option to exchange the Hualapai Tribe CAP water entered into by the Hualapai Tribe, except in a case in which the Hualapai Tribe deposits the proceeds of any lease, option to lease, contract to exchange, or option to exchange into an account held in trust for the Hualapai Tribe by the United States. (J) Water use and storage (i) In general The Hualapai Tribe may use the Hualapai Tribe CAP water on or off the Hualapai Reservation within the lower basin in the State for any purpose. (ii) Storage The Hualapai Tribe, in accordance with State law, may store the Hualapai Tribe CAP water at 1 or more underground storage facilities or groundwater savings facilities, subject to the condition that, if the Hualapai Tribe stores Hualapai Tribe CAP water that has been firmed pursuant to subsection (b)(1), the stored water may only be— (I) used by the Hualapai Tribe; or (II) exchanged by the Hualapai Tribe for water that will be used by the Hualapai Tribe. (iii) Assignment The Hualapai Tribe, in accordance with State law, may assign any long-term storage credit accrued as a result of storage described in clause (ii), subject to the condition that the Hualapai Tribe shall not assign any long-term storage credit accrued as a result of the storage of Hualapai Tribe CAP water that has been firmed pursuant to subsection (b)(1). (K) Use outside state The Hualapai Tribe may not use, lease, exchange, forbear, or otherwise transfer any Hualapai Tribe CAP water for use directly or indirectly outside of the lower basin in the State. (L) Cap fixed om&r charges (i) In general The CAP operating agency shall be paid the CAP fixed OM&R charges associated with the delivery of all Hualapai Tribe CAP water. (ii) Payment of charges Except as provided in subparagraph (O), all CAP fixed OM&R charges associated with the delivery of the Hualapai Tribe CAP water to the Hualapai Tribe shall be paid by— (I) the Secretary, pursuant to section 403(f)(2)(A) of the Colorado River Basin Project Act ( 43 U.S.C. 1543(f)(2)(A) ), subject to the condition that funds for that payment are available in the Lower Colorado River Basin Development Fund; and (II) if the funds described in subclause (I) become unavailable, the Hualapai Tribe. (M) Cap pumping energy charges (i) In general The CAP operating agency shall be paid the CAP pumping energy charges associated with the delivery of Hualapai Tribe CAP water only in cases in which the CAP system is used for the delivery of that water. (ii) Payment of charges Except for CAP water not delivered through the CAP system, which does not incur a CAP pumping energy charge, or water delivered to other persons as described in subparagraph (O), any applicable CAP pumping energy charges associated with the delivery of the Hualapai Tribe CAP water shall be paid by the Hualapai Tribe. (N) Waiver of property tax equivalency payments No property tax or in-lieu property tax equivalency shall be due or payable by the Hualapai Tribe for the delivery of CAP water or for the storage of CAP water in an underground storage facility or groundwater savings facility. (O) Lessee responsibility for charges (i) In general Any lease or option to lease providing for the temporary delivery to other persons of any Hualapai Tribe CAP water shall require the lessee to pay the CAP operating agency all CAP fixed OM&R charges and all CAP pumping energy charges associated with the delivery of the leased water. (ii) No responsibility for payment Neither the Hualapai Tribe nor the United States in any capacity shall be responsible for the payment of any charges associated with the delivery of the Hualapai Tribe CAP water leased to other persons. (P) Advance payment No Hualapai Tribe CAP water shall be delivered unless the CAP fixed OM&R charges and any applicable CAP pumping energy charges associated with the delivery of that water have been paid in advance. (Q) Calculation The charges for delivery of the Hualapai Tribe CAP water pursuant to the Hualapai Tribe water delivery contract shall be calculated in accordance with the CAP repayment stipulation. (R) Cap repayment For purposes of determining the allocation and repayment of costs of any stages of the CAP system constructed after November 21, 2007, the costs associated with the delivery of the Hualapai Tribe CAP water, regardless of whether the Hualapai Tribe CAP water is delivered for use by the Hualapai Tribe or in accordance with any lease, option to lease, exchange, or option to exchange providing for the delivery to other persons of the Hualapai Tribe CAP water, shall be— (i) nonreimbursable; and (ii) excluded from the repayment obligation of the Central Arizona Water Conservation District. (S) Nonreimbursable cap construction costs (i) In general With respect to the costs associated with the construction of the CAP system allocable to the Hualapai Tribe— (I) the costs shall be nonreimbursable; and (II) the Hualapai Tribe shall have no repayment obligation for the costs. (ii) Capital charges No CAP water service capital charges shall be due or payable for the Hualapai Tribe CAP water, regardless of whether the Hualapai Tribe CAP water is delivered— (I) for use by the Hualapai Tribe; or (II) under any lease, option to lease, exchange, or option to exchange entered into by the Hualapai Tribe. (d) Colorado river accounting All Hualapai Tribe CAP water diverted directly from the Colorado River shall be accounted for as deliveries of CAP water within the State. 14. Enforceability date (a) In general Except as provided in subsection (d), the Hualapai Tribe water rights settlement agreement, including the waivers and releases of claims described in section 9, shall take effect and be fully enforceable on the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent the Hualapai Tribe water rights settlement agreement conflicts with this Act— (A) the Hualapai Tribe water rights settlement agreement has been revised through an amendment to eliminate the conflict; and (B) the revised Hualapai Tribe water rights settlement agreement, including any exhibits requiring execution by any party to the Hualapai Tribe water rights settlement agreement, has been executed by the required party; (2) the waivers and releases of claims described in section 9 have been executed by the Hualapai Tribe and the United States; (3) the abstracts referred to in subparagraphs 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights settlement agreement have been completed by the Hualapai Tribe; (4) the full amount described in section 7(a)(1), as adjusted by section 7(b), has been deposited in the Hualapai Water Trust Fund Account; (5) the Gila River adjudication decree has been approved by the Gila River adjudication court substantially in the form of the judgment and decree attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43, as amended to ensure consistency with this Act; (6) the Secretary has executed the Hualapai Tribe water delivery contract described in section 13(c); and (7) the Secretary has issued the record of decision required by section 8(d). (b) Repeal on failure To meet enforceability date (1) In general Except as provided in paragraph (2), if the Secretary fails to publish in the Federal Register a statement of findings under subsection (a) by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State— (A) this Act is repealed; (B) any action taken by the Secretary and any contract or agreement entered into pursuant to this Act shall be void; and (C) any amounts appropriated under section 7, together with any investment earnings on those amounts, less any amounts expended under section 6(a)(4)(B), shall revert immediately to the general fund of the Treasury. (2) Severability Notwithstanding paragraph (1), if the Secretary fails to publish in the Federal Register a statement of findings under subsection (a) by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State, section 11 and subsections (a), (b), (c), and (d) of section 12 shall remain in effect. (c) Right To offset If the Secretary has not published in the Federal Register the statement of findings under subsection (a) by April 15, 2029, or such alternative later date as may be agreed to by the Hualapai Tribe, the Secretary, and the State, the United States shall be entitled to offset any Federal amounts made available under section 6(a)(4)(B) that were used or authorized for any use under that section against any claim asserted by the Hualapai Tribe against the United States described in section 9(a)(2)(A). (d) Bill williams river phase 2 enforceability date Notwithstanding any other provision of this Act, the Bill Williams River phase 2 water rights settlement agreement (including the waivers and releases described in section 9(d) of this Act and section 5 of the Bill Williams River phase 2 water rights settlement agreement) shall take effect and become enforceable among the parties to the Bill Williams River phase 2 water rights settlement agreement on the date on which all of the following conditions have occurred: (1) The Hualapai Tribe water rights settlement agreement becomes enforceable pursuant to subsection (a). (2) Freeport has submitted to the Arizona Department of Water Resources a conditional withdrawal of any objection to the Bill Williams River watershed instream flow applications pursuant to section 4.4(i) of the Bill Williams River phase 2 water rights settlement agreement, which withdrawal shall take effect on the Bill Williams River Phase 2 Enforceability Date described in this subsection. (3) Not later than the Enforceability Date, the Arizona Department of Water Resources has issued an appealable, conditional decision and order for the Bill Williams River watershed instream flow applications pursuant to section 4.4(iii) of the Bill Williams River phase 2 water rights settlement agreement, which order shall become nonconditional and effective on the Bill Williams River Phase 2 Enforceability Date described in this subsection. (4) The conditional decision and order described in paragraph (3)— (A) becomes final; and (B) is not subject to any further appeal. 15. Administration (a) Limited waiver of sovereign immunity (1) Waiver (A) In general In any circumstance described in paragraph (2)— (i) the United States or the Hualapai Tribe may be joined in the action described in the applicable subparagraph of that paragraph; and (ii) subject to subparagraph (B), any claim by the United States or the Hualapai Tribe to sovereign immunity from the action is waived. (B) Limitation A waiver under subparagraph (A)(ii)— (i) shall only be for the limited and sole purpose of the interpretation or enforcement of— (I) this Act; (II) the Hualapai Tribe water rights settlement agreement, as ratified by this Act; or (III) the Bill Williams River phase 2 water right settlement agreement, as ratified by this Act; and (ii) shall not include any award against the United States or the Hualapai Tribe for money damages, court costs, or attorney fees. (2) Circumstances described A circumstance referred to in paragraph (1)(A) is any of the following: (A) Any party to the Hualapai Tribe water rights settlement agreement— (i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— (I) this Act; or (II) the Hualapai Tribe water rights settlement agreement; and (ii) names the United States or the Hualapai Tribe as a party in that action. (B) Any landowner or water user in the Verde River Watershed— (i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— (I) paragraph 10.0 of the Hualapai Tribe water rights settlement agreement; (II) Exhibit 3.1.43 to the Hualapai Tribe water rights settlement agreement; or (III) section 9; and (ii) names the United States or the Hualapai Tribe as a party in that action. (C) Any party to the Bill Williams River phase 2 settlement agreement— (i) brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— (I) this Act; or (II) the Bill Williams River phase 2 settlement agreement; and (ii) names the United States or the Hualapai Tribe as a party in that action. (b) Effect on current law Nothing in this section alters the law with respect to pre-enforcement review of Federal environmental or safety-related enforcement actions. (c) Basin groundwater withdrawal estimates (1) Groundwater withdrawal estimates (A) In general Not later than 1 year of the date of enactment of this Act, the Secretary, acting through the United States Geological Survey Water Use Program, shall issue an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the Hualapai Reservation. (B) Annual estimates Each year after publication of the initial estimate required by subparagraph (A), the Secretary, acting through the United States Geological Survey Water Use Program, shall issue an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the Hualapai Reservation until such time as the Secretary, after consultation with the Hualapai Tribe, determines that annual estimates are not warranted. (2) Notice to the state Based on the estimates under paragraph (1), the Secretary shall notify the State, in writing, if the total withdrawal of groundwater from the Truxton Basin outside the boundaries of the Hualapai Reservation exceeds the estimate prepared pursuant to that paragraph by 3,000 or more AFY, exclusive of any diversion or use of groundwater on Hualapai fee land and any land acquired by the Hualapai Tribe, including by a tribally owned corporation, in fee after the Enforceability Date. (d) Antideficiency Notwithstanding any authorization of appropriations to carry out this Act, the United States shall not be liable for any failure of the United States to carry out any obligation or activity authorized by this Act (including all agreements or exhibits ratified or confirmed by this Act) if— (1) adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act; or (2) there are not enough monies available to carry out this Act in the Lower Colorado River Basin Development Fund. (e) Application of reclamation reform act of 1982 The Reclamation Reform Act of 1982 ( 43 U.S.C. 390aa et seq. ) and any other acreage limitation or full-cost pricing provision of Federal law shall not apply to any person, entity, or tract of land solely on the basis of— (1) receipt of any benefit under this Act; (2) execution or performance of this Act; or (3) the use, storage, delivery, lease, or exchange of CAP water. (f) Effect (1) No modification or preemption of other law Unless expressly provided in this Act, nothing in this Act modifies, conflicts with, preempts, or otherwise affects— (A) the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq. ); (B) the Boulder Canyon Project Adjustment Act ( 43 U.S.C. 618 et seq. ); (C) the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) ( 43 U.S.C. 620 et seq. ); (D) the Colorado River Basin Project Act ( Public Law 90–537 ; 82 Stat. 885); (E) the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219); (F) the Colorado River Compact; (G) the Upper Colorado River Basin Compact; (H) the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991); or (I) case law concerning water rights in the Colorado River system other than any case to enforce the Hualapai Tribe water rights settlement agreement or this Act. (2) Effect on agreements Nothing in this Act or the Hualapai Tribe water rights settlement agreement limits the right of the Hualapai Tribe to enter into any agreement for the storage or banking of water in accordance with State law with— (A) the Arizona Water Banking Authority (or a successor agency or entity); or (B) any other lawful authority. (3) Effect of act Nothing in this Act— (A) quantifies or otherwise affects the water rights, claims, or entitlements to water of any Indian Tribe other than the Hualapai Tribe; (B) affects the ability of the United States to take action on behalf of any Indian Tribe other than the Hualapai Tribe, the members of the Hualapai Tribe, and the allottees; or (C) limits the right of the Hualapai Tribe to use any water of the Hualapai Tribe in any location on the Hualapai Reservation. | https://www.govinfo.gov/content/pkg/BILLS-117s4104is/xml/BILLS-117s4104is.xml |
117-s-4105 | II 117th CONGRESS 2d Session S. 4105 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Brown (for himself, Mr. Scott of South Carolina , Ms. Cortez Masto , Mr. Marshall , Mrs. Murray , Ms. Lummis , Ms. Stabenow , and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To treat certain liquidations of new motor vehicle inventory as qualified liquidations of LIFO inventory for purposes of the Internal Revenue Code of 1986.
1. Short title This Act may be cited as the Supply Chain Disruptions Relief Act . 2. Treatment of certain liquidations of new motor vehicle inventory as qualified liquidations of LIFO inventory (a) In general In the case of any dealer of new motor vehicles which inventories new motor vehicles under the LIFO method for any specified taxable year, the requirements of paragraphs (1)(B) and (2) of section 473(c) of the Internal Revenue Code of 1986 shall be treated as satisfied with respect to such inventory for such taxable year. (b) Additional relief (1) In general The Secretary shall, not later than the date which is 90 days after the date of the enactment of this Act, prescribe regulations or other guidance under which dealers of new motor vehicles with a qualified liquidation (determined after application of subsection (a)) of new motor vehicles for any specified taxable year may elect— (A) to not recognize any income in the specified taxable year which is solely attributable to such qualified liquidation, and (B) to treat the replacement period with respect to such liquidation as being the period beginning with the first taxable year after such specified taxable year and ending with the earlier of— (i) the first taxable year after such liquidation with respect to which such dealer does not inventory new motor vehicles under the LIFO method, or (ii) the last taxable year ending before January 1, 2026. (2) Failure to fully replace liquidated vehicles during replacement period If, as of the close of the replacement period, the taxpayer has failed to replace all liquidated vehicles with respect to a qualified liquidation to which paragraph (1) applies, the taxpayer shall increase gross income for the last taxable year of the replacement period by the sum of— (A) the aggregate amount of income that would have been required to be recognized in the liquidation year had the taxpayer elected to apply the provisions of section 473 of the Internal Revenue Code of 1986 and not made the election in paragraph (1), plus (B) interest thereon at the underpayment rate established under section 6621 of such Code. (3) Elections (A) In general Except to the extent provided in subparagraph (B), an election under paragraph (1) with respect to any specified taxable year shall be made by the due date (including extensions) for filing the taxpayer’s return of tax for such taxable year and in such manner as the Secretary may prescribe. Once made, any such election shall be irrevocable. (B) Certain elections treated as change in method of accounting In the case of an election with respect to a specified taxable year for which the return of tax has already been filed before the date of the enactment of this Act, any election under paragraph (1) for such specified taxable year may be made on the return of tax for the first taxable year ending after the date of the enactment of this Act and shall be treated for purposes of section 481 of the Internal Revenue Code of 1986 as a change in method of accounting initiated by the taxpayer and made with the consent of the Secretary. (c) Definitions For purposes of this section— (1) Specified taxable year The term specified taxable year means any liquidation year ending after March 12, 2020, and before January 1, 2022. (2) New motor vehicle The term new motor vehicle means a motor vehicle— (A) which is described in section 163(j)(9)(C)(i) of the Internal Revenue Code of 1986, and (B) the original use of which has not commenced. (3) Secretary The term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (4) Other terms Except as otherwise provided in this section, terms used in this section which are also used in section 473 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such section 473. | https://www.govinfo.gov/content/pkg/BILLS-117s4105is/xml/BILLS-117s4105is.xml |
117-s-4106 | II 117th CONGRESS 2d Session S. 4106 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Bennet (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish an alternative, outcomes-based process for authorizing innovative, high-quality higher education providers to participate in programs under title IV of the Higher Education Act of 1965.
1. Short title This Act may be cited as the Higher Education Innovation Act . 2. Alternative authorization system Part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. ) is amended by adding at the end the following: 4 Alternative authorization system 498C. Alternative authorization system (a) Definitions In this section: (1) Innovation authorizer The term innovation authorizer or authorizer means an entity that has been approved by the Secretary to carry out authorization of eligible entities. (2) Eligible entity The term eligible entity means an institution of higher education or another entity that— (A) promotes and supports student success outcomes and cost-effectiveness in postsecondary education; (B) provides an educational program— (i) that leads to a degree or certificate; (ii) of course bundles; or (iii) that leads to an industry-recognized credential that meets the requirements for licensing in the relevant field; (C) agrees to specified outcome-based oversight and reporting requirements described in this section; (D) demonstrates that the entity provides high-quality education by meeting or exceeding the minimum thresholds for each of the performance metrics that are required by the innovation authorizer in accordance with subsection (b) and which are developed in accordance with subsection (d); (E) meets the definition of an institution of higher education under section 101 or 102, except that the entity need not meet the requirements described in— (i) section 101(a)(5); (ii) section 102(b)(1)(A)(ii)(II); or (iii) 102(b)(1)(D); and (F) meets the other requirements for participation in this title. (3) Teach-out plan The term teach-out plan means a written plan that provides for the equitable treatment of students if an eligible entity ceases to operate before all students have completed their program of study, and may include, if required by the Secretary, an agreement between eligible entities or between an eligible entity and another institution for such a teach-out plan. (4) Course bundle The term course bundle means a series of courses, or the equivalent, that lead to— (A) proficiency in a set of marketable skills or competencies; or (B) an industry-recognized credential that meets the requirements for licensing in the relevant field. (5) Completion The term completion means— (A) in the case of a course bundle— (i) completion of a series of courses— (I) that lead to proficiency in a set of marketable skills or competencies; or (II) that result in an industry-recognized credential that meets the requirements for licensing in the relevant field; or (ii) successful completion of a set of assessments— (I) that demonstrates proficiency in a set of marketable skills or competencies; or (II) that results in an industry-recognized credential that meets the requirements for licensing in the relevant field; and (B) in the case of a program leading to a certificate or degree, receipt of the certificate or degree. (b) Approval of innovation authorizers (1) In general The Secretary shall establish a process for approving innovation authorizers to carry out the authorization of eligible entities. (2) Request for applications Not later than 275 days after the date of enactment of this subpart, the Secretary shall publish a request for applications from entities that desire to become innovation authorizers. Any accrediting agency or association currently recognized by the Secretary or any entity not currently recognized by the Secretary may apply to be approved as innovation authorizers. (3) Application Requirements An entity that desires to be approved by the Secretary as an innovation authorizer under paragraph (1) shall submit an application to the Secretary that includes the following information: (A) Information on the entity's prior experience as an authorizer, accreditor, programmatic accreditor, or industry validator, or strong evidence and history that demonstrates the entity is equipped to be a high-quality authorizer. (B) An explanation of why the entity is qualified and capable of being an innovation authorizer, accompanied by supporting documentation. (C) Evidence that the entity is financially able to meet the requirements for authorizing eligible entities, including the requirements under paragraph (7). (D) A description of the process that the entity will use for awarding authorization, and suspending or revoking an eligible entity's authorization, including— (i) the performance metrics the authorizer will use in making determinations about authorization, which shall meet the requirements described under subsection (d); (ii) the minimum threshold for each performance metric described in clause (i), which shall require an eligible entity to meet or exceed the 60th-percentile student outcome for each such performance metric in order to be awarded authorization by the innovation authorizer; (iii) any other criteria or metrics that the entity will use as an innovation authorizer to award authorization status to an eligible entity, if applicable; and (iv) the process for— (I) monitoring authorized eligible entities, ensuring that each eligible entity continues to meet the criteria for authorization (including the threshold for each applicable performance metric as described in clause (ii)); and (II) ensuring the accuracy and validity of data. (E) A description of the entity's area of educational or subject matter focus, if applicable. (F) The composition or membership of the entity that seeks to become an innovation authorizer, and the entity's relationship or work with applicable industries and businesses. (G) A demonstration that the entity has— (i) clear and effective controls to protect against conflicts of interest, or the appearance of conflicts of interest, between the entity that wishes to be an innovation authorizer and eligible entities (including controls regarding potential conflicts of interest between board members, commissioners, evaluation team members, consultants, administrative staff, and other representatives of the entity that wishes to be an authorizer and eligible entities); and (ii) requirements to ensure that, as an authorizer, the entity and the staff, and representatives of the entity will be separate and independent (as defined in section 496(b)), both administratively and financially, from any eligible entities and will receive no benefit, financial or otherwise, from authorizing an eligible entity. (H) An agreement that the entity will make applicable authorization data, documents, and determinations publicly available. (4) Dissemination of information For the purpose of determining minimum thresholds for performance metrics under paragraph (3)(D)(ii) and subsection (d)(1)(B), the Secretary shall— (A) disseminate to innovation authorizers, on an annual basis, information about 60th-percentile student outcomes on the performance criteria described under subsection (d), in the aggregate for all students and disaggregated by student income quartile and field of study; and (B) provide the information described in subparagraph (A) to an innovation authorizer or an entity that wishes to apply to become an innovation authorizer upon request. (5) Limitation, Suspension, or termination of authorizer approval (A) Notice and opportunity for correction If the Secretary determines that an innovation authorizer has failed to apply and effectively enforce the performance criteria, including the minimum thresholds for such criteria, specified in the innovation authorizer's application under paragraph (3) in awarding, monitoring, and revoking authorization status for eligible entities, the Secretary shall provide notice to the innovation authorizer and give the innovation authorizer a 6-month period to apply and enforce the performance criteria and minimum thresholds described in the innovation authorizer's application under paragraph (3). (B) Limitation, suspension, or termination If, after the 6-month period described in subparagraph (A), the Secretary determines that an innovation authorizer has still failed to effectively enforce the performance criteria and minimum thresholds specified in that innovation authorizer's application under paragraph (3), the Secretary shall limit, suspend, or terminate the recognition of that innovation authorizer. (6) Loss of authorizer approval In the case of an eligible entity authorized by an innovation authorizer whose recognition has been limited, suspended, or terminated by the Secretary— (A) if the eligible entity successfully demonstrates to the Secretary that the eligible entity meets the performance criteria and minimum thresholds that such authorizer specified in its application under paragraph (3), the eligible entity shall have 6 months to apply for accreditation by another accrediting agency or association or authorization by another innovation authorizer; or (B) the eligible entity shall prepare a teach-out plan that meets the Secretary's regulations for teach-out plans and shall submit such plan to the Secretary. (7) Authorizer risk sharing Each innovation authorizer shall enter into an agreement with the Secretary whereby the innovation authorizer agrees to pay the Secretary an amount equal to not less than 25 percent of the amount of Federal student loans that are held by current and former students of any eligible entity authorized by the innovation authorizer under subsection (d) and that are in default each fiscal year. (c) Eligibility for federal pell grant funding Eligible entities that are authorized by an innovation authorizer shall be eligible to receive Federal Pell Grant funding in accordance with subsection (f). (d) Authorization by an innovation authorizer (1) Authorization process (A) In General An innovation authorizer may authorize an eligible entity, if— (i) that eligible entity meets the criteria under subsection (a)(2); and (ii) in the case of— (I) an eligible entity that has not carried out an educational program for more than 2 years, the eligible entity agrees to, and describes a high-quality, evidence-based plan to, meet within 2 years the specific performance metrics and minimum thresholds required by the innovation authorizer in accordance with subsection (b)(3)(D); and (II) an eligible entity that has carried out an educational program for more than 2 years, the eligible entity demonstrates that the eligible entity meets the specific performance metrics and minimum thresholds required by the innovation authorizer in accordance with subsection (b)(3)(D). (B) Performance metrics (i) In General In accordance with subparagraph (C), each innovation authorizer shall— (I) use, in order to determine whether to award authorization to an eligible entity, not less than— (aa) 1 performance metric relating to student learning, as described in clause (ii); (bb) the performance metric relating to completion, as described in clause (iii); and (cc) 2 performance metrics relating to the benefit to the student and affordability, as described in clause (iv); (II) establish the minimum thresholds for each performance metric that the eligible entity must meet or exceed in order to be authorized by the authorizer in accordance with subsection (b)(3)(D)(ii), ensuring that each minimum threshold meets or exceeds the 60th-percentile student outcome for the performance metric; and (III) in the determination about whether an eligible entity meets the required threshold for authorization for each performance metric, include data from all students who enroll in the eligible entity. (ii) Student learning The performance metrics relating to student learning are the following: (I) A nationally defined, demonstrated, objective, and verifiable measure of student learning, including a measure of the knowledge or skills gained by the student from the educational program or institution. (II) Demonstrated quality based on an evaluation conducted by an independent evaluator that uses evaluation criteria approved by the What Works Clearinghouse of the Institute of Education Sciences and shows statistically significant increases in student learning. (III) Pass rates and overall scores on qualifying or licensing examinations. (iii) Completion (I) In General The performance metric relating to completion is the percentage of all students who complete the educational program and each program of study in— (aa) 100 percent of the normal time for completion of each program of study; (bb) 150 percent of the normal time for completion of each program of study; and (cc) 200 percent of the normal time for completion of each program of study. (II) Transfer students In determining the percentage under subclause (I), an eligible entity may include the students in each program of study who transfer and successfully complete a program of study. (iv) Benefit to student and affordability The performance metrics relating to benefit to the student and affordability are the following: (I) Rates of employment or enrollment in and completion of graduate or professional school. (II) Increases in income for students. (III) The cost of tuition and fees, the net price disaggregated by income quintile and educational program, and the median total loan debt accrued by students who were enrolled in the eligible entity. (IV) Student loan repayment rates for Federal and private student loans, if applicable. (V) Median income of students who were enrolled in the eligible entity. (C) Data source When an innovation authorizer uses data about income or employment, as described in subparagraph (B)(iv), the following provisions shall apply: (i) The innovation authorizer shall use wage data gathered in accordance with clauses (iii) and (iv) and shall disaggregate such data (except that such disaggregation shall not be required in a case in which the results would reveal personally identifiable information about an individual student), by— (I) educational program based on the Classification of Instructional Programs Code developed by the National Center for Education Statistics; (II) credential received; (III) noncompleters; (IV) eligible entity; and (V) State and region of employment. (ii) The innovation authorizer shall include data for— (I) 1 year after educational program completion; (II) 3 years after educational program completion; and (III) 5 years after educational program completion. (iii) Notwithstanding any other provision of law, the Secretary, in cooperation with the Commissioner of Social Security, and each eligible entity whose wage data will be evaluated in accordance with subparagraph (B)(iv) shall establish a system through which relevant data may be retrieved from the Social Security Administration, including data on median annual earnings and employment metrics. (iv) The Secretary, innovation authorizers, and eligible entities shall not share personally identifiable information of a student in carrying out this subparagraph, except as necessary to enable individuals who are employed by the Department to meet the reporting requirements and data dissemination purposes and requirements under this Act. (D) Transparency Notwithstanding the specific performance metrics used by any specific authorizer, each authorized eligible entity shall make public and disaggregate information on all of the metrics described under subparagraph (B) for the eligible entity as a whole and for each educational program of the eligible entity, as applicable. (2) Renewing authorization An innovation authorizer shall require each eligible entity that has been authorized by the innovation authorizer to have the eligible entity's authorization renewed not later than 2 years after the eligible entity is first authorized, and not later than every 5 years thereafter. (3) Loss of authorization (A) In general An innovation authorizer shall remove an eligible entity from authorized status if, for 2 consecutive calendar years, that eligible entity falls below the minimum threshold for any performance metric required for authorization by the innovation authorizer in accordance with subsection (b)(3)(D). (B) Petition to regain authorization An eligible entity that is removed from authorized status may petition an innovation authorizer to regain authorization by demonstrating to the innovation authorizer that the eligible entity is ensuring quality and student success and has met, and will continue to meet, the minimum thresholds for each performance metric required for authorization by the innovation authorizer in accordance with subsection (b)(3)(D). (4) Accreditation deemed Authorization by an innovation authorizer approved by the Secretary under this section shall be deemed recognized accreditation for purposes of title IV. (e) Accreditation and authorization; changing accreditors or authorizers (1) Accreditation and authorization An eligible entity that otherwise meets the requirements for authorization by an innovation authorizer and the requirements for accreditation by a recognized accrediting agency or association may hold accreditation and authorization from both entities. (2) Changing accreditors or authorizers An eligible entity that otherwise meets the relevant requirements for accreditation or authorization may notify the Secretary and change accreditation or authorization status— (A) from an innovation authorizer to a recognized accrediting agency or association; or (B) from a recognized accrediting agency or association to an innovation authorizer. (f) Eligibility for Federal pell grant funding (1) Authorizer Federal Pell Grant funding requirements (A) Aggregate innovation authorizer Federal Pell Grant cap (i) Individual authorizer cap The Secretary shall determine, in accordance with subparagraph (B) for each award year and for each innovation authorizer, the total maximum amount of Federal Pell Grant funds that all eligible entities that are authorized by a given innovation authorizer may receive through tuition and fee payments from enrolled students who receive a Federal Pell Grant. (ii) Aggregate authorizer cap The Secretary shall determine each innovation authorizer Federal Pell Grant cap, as described in clause (i), in a manner that ensures that the aggregate amount of Federal Pell Grant funds that all eligible entities authorized by all innovation authorizers receive each year does not exceed 0.5 percent of total Federal Pell Grant funding for the previous award year. (B) Individual innovation authorizer Federal pell grant cap The Secretary shall determine each innovation authorizer's cap under subparagraph (A)(i) based on— (i) the authorizer's experience and track record of awarding authorization to eligible entities; and (ii) the performance criteria and minimum thresholds that the authorizer uses in determining whether to award authorization to eligible entities, as specified in subsection (b)(3)(D). (2) Eligible entity Federal Pell Grant funding requirements (A) In general An eligible entity that is authorized by an innovation authorizer in accordance with this section is eligible to receive Federal Pell Grant funds in accordance with subparagraphs (B), (C), and (D). (B) Eligible entity total cap on federal pell grant funding Each award year, an eligible entity described in subparagraph (A) will be eligible to receive (through tuition and fee payments from enrolled students) a maximum total amount of Federal Pell Grant funding that— (i) shall be determined by the innovation authorizer; (ii) shall be determined in a manner so as to ensure that the innovation authorizer does not exceed the innovation authorizer’s Federal Pell Grant cap; (iii) shall be based on the eligible entity’s history and track record of meeting or exceeding the relevant performance metrics minimum thresholds; and (iv) shall not exceed 15 percent of total Federal Pell Grant funding for eligible entities authorized by the innovation authorizer for the previous award year. (C) Federal Pell Grant allocations (i) Full Federal pell grant An eligible entity authorized by an innovation authorizer that provides validated documentation from an independent evaluator that the eligible entity has met or exceeded the minimum thresholds for each of the authorizer’s performance metrics for at least 5 consecutive years shall be eligible to receive up to the full amount of Federal Pell Grant funding that each enrolled student is eligible to receive, subject to the cap described in subparagraph (B). (ii) 50-percent reimbursement Federal pell grant An eligible entity authorized by an innovation authorizer that provides validated documentation from an independent evaluator that the eligible entity has met or exceeded the minimum thresholds for each of the authorizer’s performance metrics for at least 3 consecutive years but less than 5 consecutive years and has been determined by such authorizer to have a strong evidence basis for continuing to annually meet such minimum thresholds for each performance metric shall be eligible for a pay for performance contract with the following terms: (I) The eligible entity shall be eligible to receive up to 50 percent of the amount of Federal Pell Grant funding that each enrolled student is eligible to receive, subject to the cap described in subparagraph (B). (II) The eligible entity shall provide a bond or matching funds to pay for the remaining 50 percent of the amount of Federal Pell Grant funding that each enrolled student is otherwise eligible to receive. (III) The Secretary shall reimburse the eligible entity for an amount equal to the amount that the eligible entity provided under subclause (II) for each enrolled student, except that such amount may not exceed the remaining cost of tuition and fees for each student— (aa) for whom the eligible entity provided matching funds as described in subclause (II); and (bb) who successfully completes the educational program. (iii) 75-percent reimbursement Federal pell grant An eligible entity authorized by an innovation authorizer that provides validated documentation from an independent evaluator that the eligible entity has met or exceeded the minimum thresholds for each of the authorizer’s performance metrics for at least 1 year but less than 3 consecutive years and has been determined by such authorizer to have a strong evidence basis for continuing to annually meet such minimum thresholds for each performance metric shall be eligible for a pay for performance contract with the following terms: (I) The eligible entity shall be eligible to receive up to 25 percent of the amount of Federal Pell Grant funding that each enrolled student is eligible to receive, subject to the cap described in subparagraph (B). (II) The eligible entity shall provide— (aa) a bond for 25 percent of the amount of Federal Pell Grant funding that each enrolled student is otherwise eligible to receive; and (bb) a bond or matching funds for the remaining 75 percent of the amount of Federal Pell Grant funding that each enrolled student is otherwise eligible to receive. (III) If the eligible entity meets the minimum thresholds for each of the authorizer's performance metrics for 2 consecutive years after the date of the pay for performance contract, the Secretary shall reimburse the eligible entity for an amount equal to the amount that the eligible entity provided under subclause (II)(bb) for each enrolled student, except that such amount may not exceed the remaining cost of tuition and fees for each student— (aa) for whom the eligible entity provided matching funds as described in subclause (II)(bb); and (bb) who successfully completes the educational program. (IV) If the eligible entity fails to meet the minimum thresholds for each of the authorizer’s performance criteria for 2 consecutive years after the date of the contract, the eligible entity shall reimburse the Federal Government in an amount equal to the amount described in subclause (I). (iv) 100-percent reimbursement Federal pell grant An eligible entity that has no track record of meeting, exceeding, or failing to meet the minimum thresholds for each of the authorizer’s performance metrics, and that has been determined by an innovation authorizer to have a strong and rigorous evidence base demonstrating an ability to consistently and annually meet or exceed the minimum thresholds for each of the performance metrics of that innovation authorizer shall be eligible for a pay for performance contract with the following terms: (I) The eligible entity shall provide funds equal to 100 percent of the amount of Federal Pell Grant funding that each enrolled student is otherwise eligible to receive. (II) If the eligible entity meets the minimum thresholds for each of the authorizer’s performance metrics for 2 consecutive years after the date of the pay for performance contract, the Secretary shall reimburse the eligible entity for an amount equal to the amount that the eligible entity provided under subclause (I) for each enrolled student, except that such amount may not exceed the remaining cost of tuition and fees for each student— (aa) for whom the eligible entity provided funds as described in subclause (I); and (bb) who successfully completes the educational program. (D) Federal pell grant amount treated as payment Notwithstanding the actual amount of Federal Pell Grant funding that an eligible entity receives (which, in accordance with subparagraphs (B) and (C), may not be the full amount of Federal Pell Grant funding that each enrolled student who is eligible for a Federal Pell Grant is eligible to receive), an eligible entity— (i) shall treat each student as having paid the total amount of Federal Pell Grant funding for which the student is eligible; (ii) shall not charge students additional tuition or fees to compensate for any amount of Federal Pell Grant funding for which the eligible entity— (I) must provide a bond or matching funds or for which the eligible entity otherwise must wait for reimbursement under subparagraph (C); or (II) may fail to receive due to a cap described under subparagraph (B); and (iii) shall not charge a higher amount of tuition or fees to a student who is eligible for a Federal Pell Grant. (E) Rule of construction Nothing in subparagraph (D) shall be construed as prohibiting an eligible entity from reducing the amount of tuition and fees the eligible entity charges to a student who is eligible for a Federal Pell Grant based on student need. (F) Students exceeding cap An eligible entity may elect to enroll students whose collective eligibility for Federal Pell Grants would otherwise result in the eligible entity exceeding the cap under subparagraph (B) but such eligible entity shall comply with subparagraph (D). (3) Federal Pell Grant eligibility for students (A) In General A student may receive a Federal Pell Grant and use funding from such grant to attend an eligible entity or a program of an eligible entity that is authorized by an innovation authorizer under this subpart if the student meets the other requirements for receiving a Federal Pell Grant, as described in section 401. (B) Eligibility period For the purpose of calculating a student’s remaining period of eligibility for Federal Pell Grant funding under section 401, the Secretary shall consider only Federal Pell Grant funding actually paid to an eligible entity on behalf of the student, in accordance with subparagraphs (B) and (C) of paragraph (2). (g) Access to title IV funding (1) Continuation of title IV eligibility An institution of higher education that was eligible to participate in, and receive funding under, this title prior to seeking and gaining authorization under this section may petition the Secretary to continue to be eligible to receive loans made under this title if the institution is an eligible entity described under clause (i) or (ii) of subsection (f)(2)(C). (2) Recommendations Not later than 2 years after the date of enactment of this subpart, the Secretary, in consultation with innovation authorizers, eligible entities, and stakeholders, shall make recommendations to Congress regarding a process for providing all eligible entities with access to loans made under this title. (h) Reports (1) Reports from authorized eligible entities to innovation authorizers Each eligible entity that is authorized by an innovation authorizer shall prepare and submit an annual report to the innovation authorizer containing such information as that innovation authorizer may require. (2) Reports from innovation authorizers to the Secretary Each innovation authorizer shall prepare and submit an annual report to the Secretary containing such information as the Secretary may require. . 3. Termination of appropriations No funds shall be authorized to carry out this Act, including the amendments made by this Act, 5 years after the date of enactment of this Act. 4. Termination of authorization Subpart 4 of part H of title IV of the Higher Education Act of 1965, as added by section 2, shall expire on the date that is 5 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4106is/xml/BILLS-117s4106is.xml |
117-s-4107 | II 117th CONGRESS 2d Session S. 4107 IN THE SENATE OF THE UNITED STATES April 28, 2022 Ms. Warren (for herself, Mr. Durbin , Mr. Merkley , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to establish in the Department of Defense a civilian harm investigation coordinator, to improve and make permanent the requirement that the Secretary of Defense submit an annual report on civilian harm in connection with United States military operations, and for other purposes.
1. Short title This Act may be cited as the Department of Defense Civilian Harm Transparency Act . 2. Annual report on civilian harm in connection with United States military operations (a) In general Chapter 23 of title 10, United States Code, is amended by inserting after section 486 the following new section: 487. Civilian harm in connection with United States military operations. (a) Coordinator The Secretary of Defense shall— (1) designate a senior official within the Office of the Secretary of Defense to serve as the civilian harm investigation coordinator; and (2) appoint a general counsel to assist the coordinator in carrying out the responsibilities under subsection (b). (b) Responsibilities The coordinator designated under subsection (a) shall carry out the following responsibilities: (1) In the case of each investigation of civilian harm, conducting a review of the investigation and an assessment of whether applicable laws, policies, guidelines, and processes were followed in conducting the investigations. (2) Certifying each annual report submitted under subsection (c). (c) Annual report required (1) Not later than May 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on civilian harm resulting from United States military operations during the preceding year. (2) Each report required under paragraph (1) shall set forth the following: (A) A list of all the United States military operations conducted during the year covered by the report as a result of which— (i) an incident of civilian harm is confirmed or reasonably suspected to have occurred; or (ii) an incident of civilian harm is alleged to have occurred and for which an investigation into such incident remains open as of the date of the submittal of the report. (B) For each military operation listed under subparagraph (A), each of the following: (i) The date and time. (ii) The location, including the precise geographic coordinates of any strike occurring as a result of the conduct of the operation. (iii) An identification of whether the operation occurred inside or outside of a declared theater of active armed conflict and a definition of the term theater of active armed conflict . (iv) The type of operation, including for each strike conducted as part of the operation— (I) a description of whether the strike was deliberate or dynamic; (II) the Department’s legal and policy justification for the strike, including an explanation of each such justification under domestic law and applicable international law; (III) the relevant rules and procedures in place to prevent civilian casualties or significant damage to civilian objects, and whether those rules and procedures were followed; and (IV) a description of the type of weapons and ordnance used, including whether there was any weapon malfunction. (v) An assessment of the estimated number of civilians, civilians directly participating in hostilities, and belligerents killed and injured during the operation, formulated as a range, if necessary, and including— (I) details on the number of men, women, and children involved and the estimated ages of such civilians, civilians directly participating in hostilities, and belligerents; and (II) an explanation of— (aa) how the Department of Defense determined whether targets were civilians, civilians directly participating in hostilities, and belligerents; (bb) the Department’s legal criteria for considering a person to be a civilian, civilian directly participating in hostilities, or a belligerent; and (cc) the level of epistemic certainty required to make such determination. (vi) For each strike carried out as part of the operation— (I) an assessment of whether post-strike civilian harm exceeded pre-strike assessments of anticipated harm and, if so, the reasons for this discrepancy; (II) an assessment of whether civilian harm resulted from misidentification of a military objective or the collateral effects of engagement; (III) an assessment of damage to civilian objects that would ordinarily be placed on a no-strike list, and an explanation if any such object was removed from the list; and (IV) a general assessment of reliability of information provided and how such reliability level was determined. (vii) A summary for all completed civilian harm assessments and investigations. (viii) For any investigation into an incident that has been open for more than 180 days, an update on the status of the investigation in the report table. (ix) In the case of any incident where the Secretary determines that credible civilian harm occurred— (I) an assessment of whether the Department has publicly acknowledged the civilian harm or instituted any procedural reforms; (II) a description of any other non-monetary consequence management that has occurred, including the provision of medical care, visa assistance, private apologies or explanations, or public affairs statements; and (III) an analysis on the effectiveness of the Department of Defense response. (x) For each investigation into an incident of civilian harm or alleged civilian harm— (I) whether witness interviews and site visits occurred, and if not, an explanation for why not; (II) whether civil society documentation or investigations were taken into account in making a final determination in the investigation, and if not, an explanation for why not; and (III) if an incident of alleged civilian harm is deemed not credible, an explanation of the standard and methodology for making that determination. (C) A description of the process by which the Department of Defense investigates allegations of civilian casualties resulting from United States military operations, including all standards and guidelines applicable to such investigations, the procedures for conducting and reviewing such investigations, the procedures for reviewing external sources of information, the criteria for deeming information credible, and the entities responsible for conducting and reviewing such investigations. (D) A description of steps taken to mitigate harm to civilians in the course of conducting such operations, including any new or updated civilian harm policies and procedures implemented by the Department of Defense or the combatant commands. (E) An assessment of how United States military operations affected or exacerbated humanitarian needs of civilian populations in each theater of military operations. (F) For each incident of civilian harm where at least simple negligence was determined to play a contributory role— (i) a description of any remedial personnel action taken, including administrative, disciplinary, or punitive; or (ii) if no disciplinary action was taken, an explanation of why not. (G) A description of any changes to policies, rules, or procedures as a result of such an incident. (H) Any other matter the Secretary of Defense determines is appropriate. (3) In preparing a report under this subsection, the Secretary of Defense shall take into account relevant and credible all-source reporting, with a special emphasis on information from public reports and non-governmental sources. (4) Each report required under paragraph (1) shall be— (A) submitted in unclassified form, but may include a classified annex; and (B) redacted only as necessary to protect legitimately classified information and then made publicly available in a databased and searchable format that includes a table with hyperlinks to individual incidents. (d) Ex gratia and condolence payments (1) Not less frequently than once each calendar quarter, the Secretary of Defense shall make publicly available in an electronic format— (A) a detailed list of all ex gratia payments and any other payments in response to civilian harm paid by the United States during that quarter, including for each payment, the country where the payment was issued and the type of payment; and (B) with respect to a calendar quarter in which no ex gratia or other payments were made in response to civilian harm, an explanation of whether any payments were refused along with the reason for such refusal, and any other reason for which no payments were made. (2) Information about specific payments required under paragraph (1) that must be kept confidential to ensure the safety or privacy of payment recipients, based on consultation with such recipients, may be excluded from the publicly available list if the Secretary of Defense— (A) provides such information to the congressional defense committees in a confidential annex; (B) submits to such committees a certification of the need for confidentiality; and (C) makes such information publicly available in an aggregated format. (3) The Secretary of Defense shall make available an easily accessible electronic method by which individuals or others on their behalf may request ex gratia or other condolence payments. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 486 the following new item: 487. Annual report on civilian harm in connection with United States military operations. . (c) Conforming repeal Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s4107is/xml/BILLS-117s4107is.xml |
117-s-4108 | II 117th CONGRESS 2d Session S. 4108 IN THE SENATE OF THE UNITED STATES April 28, 2022 Ms. Warren (for herself, Mr. Durbin , Mr. Merkley , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To enhance protections of civilians during United States military operations, and for other purposes.
1. Short title This Act may be cited as the Protection of Civilians in Military Operations Act . 2. Sense of Congress It is the sense of Congress— (1) to commend the Department of Defense for its renewed commitment to preventing and addressing harm to civilians resulting from United States military operations and work to develop an action plan to implement meaningful changes to further prevent and address such harm; (2) to agree with the Department that harms to civilians is a tragic and unavoidable part of war, and to recognize that— (A) the Department endeavors to conduct all military operations in compliance with the international law of armed conflict and the laws of the United States, including distinction, proportionality, and the requirement to take feasible precautions in planning and conducting operations to reduce the risk of harm to civilians and other protected persons and objects; (B) the protection of civilians and other protected persons and objects, in addition to a legal obligation and a strategic interest, is a moral and ethical imperative; (C) despite those commitments, military operations of the United States and partner countries during the two decades before the date of the enactment of this Act have resulted in civilian deaths and injuries, and damage to or destruction of civilian objects including critical infrastructure, in at least Afghanistan, Iraq, Pakistan, Somalia, Syria, and Yemen; and (D) more must be done to improve the protection of civilians; (3) that the Department has submitted to Congress four successive annual reports on civilian casualties resulting from United States military operations for calendar years 2017, 2018, 2019, and 2020, and has updated reports as appropriate; and (4) to recognize the efforts of the Department, both in policy and in practice, to reduce the harm to civilians and other protected persons and objects resulting from United States military operations, and to encourage the Department to make additional progress in— (A) developing at all combatant commands personnel and offices responsible for advising the commanders of such commands, and integrating into command strategy, the promotion of observance of human rights and the protection of civilians and other protected persons and objects; (B) finalizing and implementing the policy of the Department relating to civilian casualties resulting from United States military operations, as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note); (C) finalizing and implementing Department-wide regulations to implement section 1213 of the National Defense Authorization for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2731 note), for ex gratia payments for damage, personal injury, or death that is incident to the use of force by the United States Armed Forces, a coalition that includes the United States, a military organization supporting the United States, or a military organization supporting the United States or such coalition; and (D) professionalizing foreign partner forces to minimize, mitigate, and respond to harm to civilians, including in connection with arms transfers, train and equip programs, advise, assist, accompany, and enable missions, and fully combined and coalition operations. 3. Integrity of civilian harm investigations (a) Investigations by officers outside unit or chain of command A commander in the Armed Forces conducting an administrative investigation, commander directed inquiry, or equivalent investigation of harms to civilians resulting from a United States military operation that was undertaken by one or more units under the command of the commander shall— (1) to the extent practicable, select as an officer to conduct such investigation an officer in the Armed Forces outside of such units or chain of command; or (2) if selecting an officer outside of such units or chain of command is not practicable, include an explanation in the investigative report and submit to the Center of Excellence described in section 7 a report describing the reasons such a selection was not practicable. (b) Separation of investigative personnel from personnel involved in operations The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. (c) Witness interviews and site visitations in investigations (1) In general Each investigation of harm to civilians resulting from a United States military operation shall, to the extent practicable, include— (A) interviews (remotely if necessary) of civilian survivors and witnesses (after obtaining their informed consent), including first responders and local medical authorities, and witnesses that may have moved to other locations; and (B) a visit by appropriate members of the United States Armed Forces to each site at which civilian casualties were confirmed or reasonably suspected in connection with such operation. (2) Interviews or visits by alternative personnel If the Secretary of Defense determines that an interview described in subparagraph (A) of paragraph (1) or a visit described in subparagraph (B) of that paragraph is not practicable, the Secretary shall— (A) memorialize, in writing, the justification for such determination; (B) make every reasonable effort to obtain, as the case may be— (i) such an interview; or (ii) a visit by appropriate military or civilian personnel of a partner or coalition military force, or by personnel of the national government concerned, or a local government, capable of making such a visit in connection with the investigation concerned; and (C) memorialize, in writing— (i) the results of any interview or visit under subparagraph (B); or (ii) if no interview or visit could be obtained under that subparagraph, the gaps in evidence in the investigation concerned as a result of the lack of such an interview or visit, as the case may be. (d) Consideration of civil society information Each investigation of harm to civilians resulting from a United States military operation shall— (1) to the extent practicable, obtain and incorporate open-source information and civil society documentation regarding the possible incident of harm to civilians; (2) consider all sources of relevant and credible reporting, including information from public reports and nongovernmental sources; and (3) include a reporting mechanism for the receipt and processing of information received under paragraphs (1) and (2) that is relevant to the investigation, including online portals. 4. Coordination between geographic combatant commands and Special Operations Command and the Department Of State (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall direct each commander of a geographic combatant command and the Commander of the United States Special Operations Command to coordinate with the Department of State to establish and maintain an uninterrupted line of communication between such commands and the Chief of Mission (or the Chief's designee) in any country in which any such command is conducting military operations in order to assist in the response to reports of harm to civilians resulting from such military operations. (b) Primary objective The primary objective of the line of communication under this section shall be to serve as a channel for fielding and coordinating reports of harm to civilians resulting from United States military operations undertaken by the command concerned in the country or operation concerned. 5. Database on reports on assessments and investigations (a) Database required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and maintain within the Department of Defense a database that preserves and organizes reports of the Department on assessments and investigations of harm to civilians resulting from United States military operations (including reports under section 1057 of the National Defense Authorization Act for Fiscal Year 2018), and the status and results of such assessments and investigations. (b) Searchability The database required by subsection (a) shall be searchable by personnel across the Department. (c) Availability to public The public shall have access to, and be able to search, the database required by subsection (a) through an internet website of the Department that is available to the public. For purposes of such access, appropriate information in the database may be maintained in a classified annex in the interests of the national security of the United States, and access to such annex appropriately limited. (d) Update The database required by subsection (a) shall be updated not less frequently than once every 30 days. (e) Past reports on civilian harm The database required by subsection (a) shall include, to the extent practicable, any Department of Defense reports already conducted on assessments and investigations of harm to civilians resulting from United States military operations between January 1, 2001, and the date of the enactment of this Act, as well as any reports conducted retroactively. 6. Resources to implement Department of Defense policy on civilian harm in connection with United States military operations (a) Purpose The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note). (b) Personnel Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall do the following: (1) Add to, and assign within, each of the United States Central Command, the United States Africa Command, the United States Special Operations Command, the United States European Command, the United States Southern Command, the United States Indo-Pacific Command, and the United States Northern Command not fewer than two personnel who shall have primary responsibility for the following in connection with military operations undertaken by such command: (A) Providing guidance and oversight relating to prevention of and response to harm to civilians, promotion of observance of human rights, and the protection of civilians and civilian infrastructure, including ensuring implementation of the policy of the Department of Defense on harm to civilians resulting from United States military operations. (B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. (C) Receiving reports of harm to civilians and conducting assessments and investigations relating to such harm. (D) Analyzing incidents and trends with respect to harm to civilians, identifying lessons learned, and ensuring that lessons learned are incorporated into updated command guidance and practices. (E) Offering condolences and amends for harm to civilians, including ex gratia payments. (F) Ensuring the integration of activities relating to civilian harm prevention, mitigation, and response, the protection of civilians, and promotion of observance of human rights in security cooperation activities. (G) Working with the Center of Excellence established under section 7. (H) Consulting with non-governmental organizations on civilian harm and human rights matters. (2) Add to, and assign within, the Office of the Under Secretary of Defense for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. (3) Add to, and assign within, the Joint Staff not fewer than two personnel who shall have primary responsibility for the following: (A) Overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. (B) Developing and sharing in the implementation of such policy. (C) Communicating operational guidance on such policy. (c) Training, software, and other requirements (1) In general In each of fiscal years 2023 through 2025, the Secretary of Defense and each Secretary of a military department may obligate and expend, from amounts specified in paragraph (2), not more than $5,000,000 for the following: (A) Training related to civilian harm prevention, mitigation, and response. (B) Information technology equipment, support and maintenance, and data storage, in order to implement— (i) the policy of the Department relating to harms to civilians resulting from United States military operations as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; and (ii) the database required by section 5. (2) Funds The funds for a fiscal year specified in this subparagraph are funds as follows: (A) In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide. (B) In the case of a Secretary of a military department, amounts authorized to be appropriated for such fiscal year for operation and maintenance for the components of the Armed Forces under the jurisdiction of such Secretary. 7. Department of Defense Center of Excellence for the Protection of Civilians (a) In general Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: 148 Center of Excellence for the Protection of Civilians (a) Center of Excellence for the Protection of Civilians There is within the Office of the Secretary of Defense a Center of Excellence for the Protection of Civilians (in this section referred to as the Center ). (b) Functions and composition The Center shall serve as the primary organization in the Department of Defense responsible for— (1) advising the Secretary of Defense and senior United States Government officials on efforts to prevent, mitigate, and respond to harm to civilians during United States military operations; (2) ensuring the full implementation of the Department of Defense Instruction on Responding to Civilian Harm in Military Operations and subsequent guidance pertaining to civilian harm prevention, mitigation, and response; (3) conducting regular audits of civilian harm prevention, mitigation, and response policies and practices across the Department of Defense, including at the combatant commands, including alignment of Department policies, practices, and other guidance with the law of armed conflict and other applicable international law; (4) convening on a quarterly basis an interagency task force to assess progress on civilian harm prevention, mitigation, and response, which shall include the Department of Defense, the Department of State, the Central Intelligence Agency, the United States Agency for International Development, and such other agencies as the President considers appropriate; (5) tracking data relating to harm to civilians, analyzing such data over time for trends, and ensuring the public release of such data on a regular basis; (6) conducting post-strike assessments and investigations of suspected harm to civilians, including wherever possible interviews with victims and survivors, and in consultation with civil society organizations and relevant United States Government agencies, and publicly releasing all such assessments and investigations with minimal redactions only for legitimately classified information; (7) based on post-strike assessments, investigations, and trend analysis, recommending individual amends and remedies for harm to civilians, recommending accountability measures in cases of wrongdoing, and suggesting changes to policy and practice based on findings; (8) issuing amends for harm to civilians caused by the use of force by the United States Armed Forces, a coalition that includes the United States, a military organization supporting the United States, or a military organization supporting the United States or such coalition, including formal apologies, ex gratia payments, and other assistance, in consultation with civilian victims, survivors, and their representatives; (9) engaging with civil society no less than biannually to ensure the most accurate and comprehensive information about harm to civilians is known to the United States Government and that United States Government efforts to improve civilian harm policies and practice are informed by the experiences and needs of civilians affected by military operations of the United States and partner countries; (10) conducting assessments and investigations and reporting on instances of civilian harm that have occurred in the past; and (11) ensuring that lessons learned from civilian harm assessments, investigations, and other sources are reflected in updated doctrine, policies, procedures, and practices, and monitoring and assessing implementation of lessons learned. (c) Director (1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. The Director of the Center shall be a civilian with significant experience and expertise relating to the protection of civilians. (2) The Director of the Center shall— (A) report directly to the Secretary of Defense; and (B) carry out the functions of the Center under subsection (b). (d) Staff The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including— (1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and (2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. (e) Access to intelligence The Center shall be provided with access, in accordance with applicable provisions of law, to all intelligence and other reporting possessed or acquired by the United States Government pertaining to harm to civilians resulting from United States military operations. (f) Annual reports (1) At the direction of the Secretary of Defense, the Director of the Center shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives an annual report on the activities of the Center. The Director shall also publish an unclassified form of the report on an internet website of the Department available to the public concurrently with its submission to Congress. (2) Each report required by paragraph (1) shall include a discussion of— (A) the activities of the Center and its progress toward implementing the functions of the Center under subsection (b); (B) the assessment of the Director of United States Government policies and practices for civilian harm prevention, mitigation, and response; (C) the recommendations of the Director for improved civilian harm prevention, mitigation, and response policies and practices; and (D) the recommendations of the Director for any legislative or other actions necessary to improve the ability of the Center to carry out its functions. . (g) Guidance Not later than 120 days after the date of the enactment of this section, the Director of the Center shall, at the direction of the Secretary of Defense and in consultation with civilian victims and survivors, develop further guidance on the provision of amends or condolences for harm to civilians, including monetary and non-monetary mechanisms. (h) Funds For each of fiscal years 2023 through 2025, there is authorized to be appropriated for the Department of Defense $25,000,000 for the Director to carry out the functions specified in subsections (a) through (g). . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 147 the following new item: 148. Center of Excellence for the Protection of Civilians. . 8. Report on Department of Defense practices regarding distinction between combatants and civilians in United States military operations (a) Report The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense practices regarding distinguishing between combatants and civilians in United States military operations. (b) Elements The report required under subsection (a) shall include the following matters: (1) A description of how the Department of Defense and individual members of the Armed Forces have differentiated between combatants and civilians in both ground and air operations since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including— (A) relevant policy and legal standards and how these standards were implemented in practice; (B) target engagement criteria; and (C) whether military-aged males were presumptively targetable. (2) A description of how the Department of Defense has differentiated between combatants and civilians when assessing allegations of civilian casualties since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including— (A) relevant policy and legal standards and the factual indicators these standards were applied to in assessing claims of civilian casualties; and (B) any other matters the Secretary of Defense determines appropriate. (c) Submission of report (1) In general Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment under this section, together with the views of the Secretary on the assessment. (2) Form of report The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. 9. Definitions In this Act: (1) Civilian harm The term harm , with respect to civilians, means— (A) injury to, death of, or destruction of property of civilians; and (B) any other harm to civilians caused as a result of the use of force. (2) Congressional defense committees The term congressional defense committees has the meaning given the term in section 101(a)(16) of title 10, United States Code. (3) United states military operations The term United States military operations includes any mission, strike, engagement, raid, or incident involving United States Armed Forces. | https://www.govinfo.gov/content/pkg/BILLS-117s4108is/xml/BILLS-117s4108is.xml |
117-s-4109 | II 117th CONGRESS 2d Session S. 4109 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Wicker (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 authorize the development of a national strategy for the research and development of distributed ledger technologies and their applications, to authorize awards to support research on distributed ledger technologies and their applications, and to authorize an applied research project on distributed ledger technologies in commerce.
1. Short title This Act may be cited as the National R & D Strategy for Distributed Ledger Technology Act of 2022 . 2. Definitions In this Act: (1) Director Except as otherwise expressly provided, the term Director means the Director of the Office of Science and Technology Policy. (2) Distributed ledger The term distributed ledger means a ledger that— (A) is shared across a set of distributed nodes, which are devices or processes, that participate in a network and store a complete or partial replica of the ledger; (B) is synchronized between the nodes; (C) has data appended to it by following the ledger’s specified consensus mechanism; (D) may be accessible to anyone (public) or restricted to a subset of participants (private); and (E) may require participants to have authorization to perform certain actions (permissioned) or require no authorization (permissionless). (3) Distributed ledger technology The term distributed ledger technology means technology that enables the operation and use of distributed ledgers. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (6) Smart contract The term smart contract means a computer program stored in a distributed ledger system that is executed when certain predefined conditions are satisfied and wherein the outcome of any execution of the program may be recorded on the distributed ledger. 3. National distributed ledger technology R&D strategy (a) In general The Director, or a designee of the Director, shall, in coordination with the National Science and Technology Council, and the heads of such other relevant Federal agencies as the Director considers appropriate and in consultation with such nongovernmental entities as the Director considers appropriate, develop a national strategy for the research and development of distributed ledger technologies and their applications, with a particular focus on applications of public and permissionless distributed ledgers. In developing the national strategy, the Director shall consider the following: (1) Current efforts and coordination by Federal agencies to invest in the research and development of distributed ledger technologies and their applications, including through programs like the Small Business Innovation Research and Small Business Technology Transfer programs. (2) (A) The potential benefits and risks of applications of distributed ledger technologies across different industry sectors, including their potential to— (i) lower transactions costs and facilitate new types of commercial transactions; (ii) protect privacy and increase individuals’ data sovereignty; (iii) reduce friction to the interoperability of digital systems; (iv) increase the accessibility, auditability, security, efficiency, and transparency of digital services; (v) increase market competition in the provision of digital services; (vi) enable dynamic contracting and contract execution through smart contracts; (vii) enable participants to collaborate in trustless and disintermediated environments; (viii) enable the operations and governance of distributed organizations; and (ix) create new ownership models for digital items. (B) In consideration of the potential risks of applications of distributed ledger technologies under subparagraph (A), the Director shall take into account, where applicable— (i) software vulnerabilities in distributed ledger technologies and smart contracts; (ii) limited consumer literacy on engaging with applications of distributed ledger technologies in a secure way; (iii) the use of distributed ledger technologies in illicit finance and their use in combating illicit finance; (iv) manipulative, deceptive, and fraudulent practices that harm consumers engaging with applications of distributed ledger technologies; (v) the implications of different consensus mechanisms for digital ledgers and governance and accountability mechanisms for applications of distributed ledger technologies, which may include decentralized networks; (vi) foreign activities in the development and deployment of distributed ledger technologies and their associated tools and infrastructure; and (vii) environmental, sustainability, and economic impacts of the computational resources required for distributed ledger technologies. (3) Potential uses for distributed ledger technologies that could improve the operations and delivery of services by Federal agencies, taking into account the potential of digital ledger technologies to— (A) improve the efficiency and effectiveness of privacy-preserving data sharing among Federal agencies and with State, local, territorial, and Tribal governments; (B) promote government transparency by improving data sharing with the public; (C) introduce or mitigate risks that may threaten individuals’ rights or access to Federal services; and (D) automate and modernize processes for assessing and ensuring regulatory compliance. (4) Ways to support public and private sector dialogue on areas of research that could enhance the efficiency, scalability, interoperability, security, and privacy of applications using distributed ledger technologies. (5) The need for increased coordination of the public and private sectors on the development of voluntary standards, including those regarding security, smart contracts, cryptographic protocols, virtual routing and forwarding, interoperability, zero-knowledge proofs, and privacy, for distributed ledger technologies and their applications. (6) Applications of distributed ledger technologies that could positively benefit society but that receive relatively little private sector investment. (7) The United States position in global leadership and competitiveness across research, development, and deployment of distributed ledger technologies. (b) Consultation (1) In general In carrying out the Director's duties under this section, the Director shall consult with the following: (A) Private industry. (B) Institutions of higher education. (C) Nonprofit organizations, including foundations dedicated to supporting distributed ledger technologies and their applications. (D) State governments. (E) Such other persons as the Director considers appropriate. (2) Representation The Director shall ensure consultations with the following: (A) Rural and urban stakeholders from across the Nation. (B) Small, medium, and large businesses. (C) Subject matter experts representing multiple industrial sectors. (c) Coordination In carrying out this section, the Director shall, for purposes of avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies, including the interagency process outlined in section 3 of Executive Order 14067 (87 Fed. Reg. 14143; relating ensuring responsible development of digital assets). (d) National strategy Not later than 1 year after the date of enactment of this Act, the Director shall submit to the relevant congressional committees and the President a national strategy that includes the following: (1) Priorities for the research and development of distributed ledger technologies and their applications. (2) Plans to support public and private sector investment and partnerships in research and technology development for societally beneficial applications of distributed ledger technologies. (3) Plans to mitigate the risks of distributed ledger technologies and their applications. (4) An identification of additional resources, administrative action, or legislative action recommended to assist with the implementation of such strategy. (e) Research and development funding The Director shall, as the Director considers necessary, consult with the Director of the Office of Management and Budget and with the heads of such other elements of the Executive Office of the President as the Director considers appropriate, to ensure that the recommendations and priorities with respect to research and development funding, as expressed in the national strategy developed under this section, are incorporated in the development of annual budget requests for Federal research agencies. (f) Authorization of appropriations There are authorized to be appropriated to the Director $1,000,000 to carry out this section for fiscal years 2022 and 2023. 4. Distributed ledger technology research (a) In general The Director of the National Science Foundation shall make awards, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to support research, including socio-technical research, on distributed ledger technologies and their applications, with a particular focus on applications of public and permissionless distributed ledgers, which may include research on— (1) the implications on trust, transparency, privacy, accountability, and energy consumption of different consensus mechanisms and hardware choices, and approaches for addressing these implications; (2) approaches for improving the security, privacy, resiliency, interoperability, performance, and scalability of distributed ledger technologies and their applications, which may include decentralized networks; (3) approaches for identifying and addressing vulnerabilities and improving the performance and expressive power of smart contracts; (4) the implications of quantum computing on applications of distributed ledger technologies, including long-term protection of sensitive information (such as medical or digital property), and techniques to address them; (5) game theory, mechanism design, and economics underpinning and facilitating the operations and governance of decentralized networks enabled by distributed ledger technologies; (6) the social behaviors of participants in decentralized networks enabled by distributed ledger technologies; (7) human-centric design approaches to make distributed ledger technologies and their applications more usable and accessible; and (8) use cases for distributed ledger technologies across various industry sectors and government, including applications pertaining to— (A) digital identity, including trusted identity and identity management; (B) digital property rights; (C) delivery of public services; (D) supply chain transparency; (E) medical information management; (F) inclusive financial services; (G) community governance; (H) charitable giving; (I) public goods funding; (J) digital credentials; (K) regulatory compliance; (L) infrastructure resilience; and (M) peer-to-peer transactions. (b) Accelerating innovation The Director of the National Science Foundation shall consider supporting startups that leverage distributed ledger technologies, have the potential to positively benefit society, and have the potential for commercial viability, through programs like the Small Business Innovation Research and Small Business Technology Transfer programs. (c) Consideration of national distributed ledger technology research and development strategy In making awards under subsection (a), the Director of the National Science Foundation shall take into account the national strategy, as described in section 3(d). (d) Fundamental research The Director of the National Science Foundation shall continue to make awards supporting fundamental research in areas related to distributed ledger technologies and their applications, such as applied cryptography and distributed systems. 5. Distributed ledger technology applied research project (a) Applied research project Subject to the availability of appropriations, the Director of the National Institute of Standards and Technology, shall carry out an applied research project to study and demonstrate the potential benefits and unique capabilities of distributed ledger technologies. (b) Activities In carrying out the applied research project, the Director of the National Institute of Standards and Technology shall— (1) identify potential applications of distributed ledger technologies, including those that could benefit activities at the Department of Commerce or at other Federal agencies, considering applications that could— (A) improve the privacy and interoperability of digital identity and access management solutions; (B) increase the integrity and transparency of supply chains through the secure and limited sharing of relevant supplier information; (C) facilitate increased interoperability across healthcare information systems and consumer control over the movement of their medical data; or (D) be of benefit to the public or private sectors, as determined by the Director in consultation with relevant stakeholders; (2) solicit and provide the opportunity for public comment relevant to potential projects; (3) consider, in the selection of a project, whether the project addresses a pressing need not already addressed by another organization or Federal agency; (4) establish plans to mitigate potential risks, for example those to privacy, of potential projects; (5) produce an example solution leveraging distributed ledger technologies for 1 of the applications identified in paragraph (1); (6) hold a competitive process to select private sector partners, if they are engaged, to support the implementation of the example solution; (7) consider hosting the project at the National Cybersecurity Center of Excellence; and (8) ensure that cybersecurity best practices consistent with the Cybersecurity Framework of the National Institute of Standards and Technology are demonstrated in the project. (c) Briefings to Congress Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall offer a briefing to the relevant congressional committees on the progress and current findings from the project under this section. (d) Public report Not later than 12 months after the completion of the project under this section, the Director of the National Institute of Standards and Technology shall make public a report on the results and findings from the project. | https://www.govinfo.gov/content/pkg/BILLS-117s4109is/xml/BILLS-117s4109is.xml |
117-s-4110 | II 117th CONGRESS 2d Session S. 4110 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Scott of South Carolina (for himself 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 amend the Financial Stability Act of 2010 to include the State insurance commissioner as a voting member of the Financial Stability Oversight Council, and for other purposes.
1. Short title This Act may be cited as the Primary Regulators of Insurance Vote Act of 2022 . 2. Establishment of State insurance commissioner as a voting member of the Financial Stability Oversight Council Section 111 of the Financial Stability Act of 2010 ( 12 U.S.C. 5321 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by redesignating subparagraph (J) as subparagraph (K); (ii) in subparagraph (I), by striking and at the end; and (iii) by inserting after subparagraph (I) the following: (J) a State insurance commissioner, appointed by the President, by and with the advice and consent of the Senate, as described in paragraph (4); and ; and (B) by adding at the end the following new paragraph: (4) State insurance commissioner Before making any appointments pursuant to paragraph (1)(J), the President shall request a list of recommended candidates from the States through the National Association of Insurance Commissioners. The President may appoint a member under paragraph (1)(J) that does not appear on such list. If the National Association of Insurance Commissioners fails to submit such list within 15 business days after the date of the request, the President may appoint a member under paragraph (1)(J) without considering the views of the National Association of Insurance Commissioners. ; and (2) in subsection (c)— (A) in paragraph (1), by inserting , the State insurance commissioner shall serve for a term of 4 years after 6 years ; (B) by striking paragraph (2) and inserting the following: (2) Vacancies (A) In general Subject to subparagraph (B), any vacancy on the Council shall be filled in the manner in which the original appointment was made. (B) State insurance commissioner With respect to a vacancy in the membership of the State insurance commissioner serving under subsection (b)(1)(J)— (i) the Federal Vacancy Reform Act ( 5 U.S.C. 3345 et seq. ) shall not apply; and (ii) such vacancy shall be filled by a State insurance commissioner, to be designated by a selection process determined by the State insurance commissioners, who shall serve as a nonvoting member of the Council until a successor is appointed and confirmed. ; and (C) in paragraph (4)— (i) by striking independent member in the heading, and inserting insurance members ; and (ii) striking subsection (b)(1)(J) and inserting subsection (b)(1)(K) or the State insurance commissioner serving under subsection (b)(1)(J) . 3. Repeal of State insurance commissioner as nonvoting member of FSOC (a) In general Section 111(b)(2) of the Financial Stability Act of 2010 ( 12 U.S.C. 5321(b)(2) ) is amended by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. (b) Technical and conforming amendment Section 111(c)(1) of the Financial Stability Act of 2010 Act ( 12 U.S.C. 5321(c)(1) ) is amended by striking by subparagraphs (C), (D), and (E) and inserting subparagraphs (C) and (D) . 4. Temporary service; transition Notwithstanding the amendments made by this Act, during the period beginning on the date of the enactment of this Act and ending on the date on which the State insurance commissioner is appointed and confirmed pursuant to section 111(b)(1) of the Financial Stability Act of 2010 ( 12 U.S.C. 5321(b)(1) ), as amended by section 2 of this Act, section 111(b)(2)(C) of the Financial Stability Act of 2010 ( 12 U.S.C. 5321(b)(2)(C) ), as in effect on the day before the date of enactment of this Act, shall continue to apply. 5. Technical and conforming amendments The Financial Stability Act of 2010 ( 12 U.S.C. 5311 et seq. ) is amended— (1) in section 102(a) ( 12 U.S.C. 5311 ), by adding at the end the following: (8) Council The term Council means the Financial Stability Oversight Council established in section 111. ; (2) in section 112(a)(2)(D) ( 12 U.S.C. 5322(a)(2)(D) ), by striking to monitor and inserting monitor ; (3) in section 154(c)(1) ( 12 U.S.C. 5344(c)(1) )— (A) by striking Center.— and all that follows through The Research and inserting the following: Center.— The Research ; and (B) by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively; and (4) in section 155(a)(2) ( 12 U.S.C. 5345(a)(2) ), by striking the comma after subsection (c) . | https://www.govinfo.gov/content/pkg/BILLS-117s4110is/xml/BILLS-117s4110is.xml |
117-s-4111 | II 117th CONGRESS 2d Session S. 4111 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Hoeven (for himself, Mr. Heinrich , Mr. Tester , Mr. Daines , Ms. Klobuchar , Mr. Marshall , Ms. Smith , Mrs. Hyde-Smith , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To support research and State management efforts relating to chronic wasting disease, and for other purposes.
1. Short title This Act may be cited as the Chronic Wasting Disease Research and Management Act of 2022 . 2. Findings Congress finds that— (1) chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer, elk, and moose populations, and the increased occurrence of chronic wasting disease in regionally diverse locations necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing and managing chronic wasting disease; (2) a focus on research into the transmission of, resistance to, diagnosis of, and epidemiology of chronic wasting disease is needed to inform future policies to combat chronic wasting disease and ensure the health of cervid populations; (3) because States and Indian Tribes have diverse policies for addressing chronic wasting disease, the Federal Government, in consultation with the Chronic Wasting Disease Task Force established under section 104 of America’s Conservation Enhancement Act ( 16 U.S.C. 667h ), should coordinate financial and technical support to States and Indian Tribes, State and Tribal departments of agriculture, State and Tribal wildlife agencies, institutions of higher education, and research centers conducting scientific research on chronic wasting disease; (4) pursuant to State and Federal law, States retain primacy and policymaking authority with regard to wildlife management; (5) under policies in effect on the date of enactment of this Act, chronic wasting disease remains a systemic threat to cervids; and (6) scientific advances that lead to the ability to stop transmission of chronic wasting disease are needed to ensure the long-term viability of cervids. 3. Chronic wasting disease research and management program (a) Definitions In this section: (1) Cervid The term cervid means any species within the family Cervidae. (2) Chronic wasting disease The term chronic wasting disease means the animal disease afflicting cervid populations that— (A) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (B) belongs to the group of diseases known as transmissible spongiform encephalopathies, which includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. (3) Eligible entity The term eligible entity means— (A) a State or Tribal department of agriculture; (B) a State or Tribal wildlife agency; (C) a Tribal research facility; (D) an institution of higher education (as defined in section 101 of the Higher Education Act ( 20 U.S.C. 1001 )); and (E) a research center that conducts or is qualified to conduct scientific research on chronic wasting disease. (4) Secretary The term Secretary means the Secretary of Agriculture. (b) Research program (1) In general Not later than 90 days after the date on which funds are made available to carry out this section, the Secretary shall establish a program (referred to in this subsection as the program ) under which the Secretary shall offer to enter into cooperative agreements, or other legal instruments authorized under section 10413(a)(4) of the Animal Health Protection Act ( 7 U.S.C. 8312(a)(4) ), (referred to in this subsection as covered agreements ) with eligible entities to conduct research on the transmission of, resistance to, and diagnosis of chronic wasting disease. (2) Criteria for selection In entering into covered agreements under the program, the Secretary shall give priority to eligible entities that will conduct research on— (A) (i) methods and products— (I) to effectively detect infectious chronic wasting disease prions in live cervids, cervid excreta, the environment, and inorganic surfaces; and (II) to decontaminate those infectious prions; or (ii) testing methods that significantly improve sensitivity and accelerate timelines for test results on nonlive cervids; (B) the long-term suppression or eradication of chronic wasting disease; (C) determination markers for genetic resistance to chronic wasting disease and strategies for using genetic resistance to combat the spread of chronic wasting disease; (D) sustainable cervid harvest management practices— (i) to reduce chronic wasting disease occurrence; and (ii) to prevent or limit spatial spread of chronic wasting disease; or (E) factors that contribute to local emergence of chronic wasting disease and increased prevalence and distribution of chronic wasting disease, including mechanisms of disease transmission and effective barriers to transmission. (3) Amount of agreement To the maximum extent practicable, a covered agreement entered into by the Secretary with an eligible entity under the program shall be for an amount that is not less than 2 percent and not more than 10 percent of the funds appropriated under subsection (h) for the applicable fiscal year. (4) Administrative costs by eligible entities An eligible entity that enters into a covered agreement under the program shall use not more than 10 percent of the amount of the covered agreement for administrative costs. (c) Support for State efforts To manage and control chronic wasting disease (1) In general Not later than 90 days after the date on which funds are made available to carry out this section, the Secretary shall offer to enter into cooperative agreements, or other legal instruments authorized under section 10413(a)(4) of the Animal Health Protection Act ( 7 U.S.C. 8312(a)(4) ), with eligible entities described in subparagraphs (A) and (B) of subsection (a)(3) to provide direct financial assistance to support the efforts of those eligible entities to develop and implement management strategies to address chronic wasting disease within the jurisdiction of the applicable State or Indian Tribe. (2) Application An eligible entity described in paragraph (1) seeking direct financial assistance under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Funding priorities In providing direct financial assistance under paragraph (1), the Secretary shall give priority to eligible entities described in that paragraph that have, with respect to the applicable State or Indian Tribe of the eligible entity— (A) a high incidence of chronic wasting disease; (B) shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease; (C) comprehensive policies and programs focused on chronic wasting disease management that have integrated the programs and policies of all involved agencies related to chronic wasting disease management; (D) the greatest risk of an initial occurrence of chronic wasting disease originating from surrounding areas; or (E) the greatest need for response to new outbreaks of chronic wasting disease occurring in— (i) areas in which chronic wasting disease is already found; or (ii) areas with first infections of chronic wasting disease, with the intent of containing chronic wasting disease in any new area of infection. (4) Rapid response If a State or Indian Tribe detects, within the jurisdiction of the State or Indian Tribe, chronic wasting disease in a cervid population that was not previously infected, notwithstanding paragraphs (2) and (3), the Secretary may immediately provide direct financial assistance, in an amount to be determined by the Secretary, to support the efforts of the State or Indian Tribe, as applicable, to immediately control the spread of chronic wasting disease within that cervid population. (d) Public education on chronic wasting disease The Secretary, in consultation with the eligible entities described in subparagraphs (A) and (B) of subsection (a)(3), organizations representing the farmed cervid industry, and organizations representing deer hunters, shall develop and maintain materials based on the latest scientific knowledge to educate the public on chronic wasting disease and techniques to help prevent the spread of chronic wasting disease. (e) Review of herd certification program standards Not later than 18 months after the date of enactment of this Act, the Secretary shall publish a notice in the Federal Register soliciting public feedback on potential updates and improvements to standards under the chronic wasting disease herd certification program, with special consideration given to— (1) minimizing or eliminating the interaction of captive and wild cervids; (2) reviewing and updating indemnity practices, including the use of live testing, to ensure the timely and targeted removal of cervids with chronic wasting disease from the landscape; and (3) increasing participation in the chronic wasting disease herd certification program. (f) Rule of construction Nothing in this section interferes with or otherwise affects the authority of the Federal Government, a State, or an Indian Tribe to manage wildlife and livestock on land within the respective jurisdiction, including managing, surveying, and monitoring the incidence of chronic wasting disease. (g) Administrative costs Of the funds made available under subsection (h) for a fiscal year, the Secretary may use not more than 10 percent for administrative costs. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $70,000,000 for each of fiscal years 2022 through 2028, to remain available until expended. (2) Allocation among programs Of the funds made available under paragraph (1), to the maximum extent practicable, the Secretary shall allocate an equal amount to carry out each of subsections (b) and (c). (3) Set-aside for wildlife agencies Of the funds used to carry out subsection (c), not less than 75 percent shall be used to provide direct financial assistance to eligible entities described in subsection (a)(3)(B). 4. Technical amendment Section 10403(8) of the Animal Health Protection Act ( 7 U.S.C. 8302(8) ) is amended by striking ( 25 U.S.C. 450b ) and inserting ( 25 U.S.C. 5304 ) . | https://www.govinfo.gov/content/pkg/BILLS-117s4111is/xml/BILLS-117s4111is.xml |
117-s-4112 | II 117th CONGRESS 2d Session S. 4112 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To address issues involving the economic statecraft of the United States, and for other purposes.
1. Short title (a) Short title This Act may be cited as the Economic Statecraft for the Twenty-First Century Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. TITLE I—Confront Subtitle A—Economic coercion Sec. 101. Mandatory disclosure of Chinese debt in aid-related applications. Sec. 102. Coordination with the Organisation for Economic Co-operation and Development on Chinese engagement. Sec. 103. Countering Chinese Economic Coercion Task Force. Sec. 104. Strategy to counter Chinese economic coercion on countries and entities that support Taiwan. Subtitle B—Investment security Sec. 111. Provision of assistance to allies and partners with respect to reviewing foreign investment. Subtitle C—Anti-competition Sec. 121. Improvement of anti-counterfeiting measures. Sec. 122. Intellectual property violators list. Sec. 123. Report on subsidies provided by Government of People’s Republic of China. Subtitle D—Supply chains Sec. 131. Definitions. Sec. 132. Department of State diplomatic strategy on semiconductor manufacturing equipment export controls. Sec. 133. Prohibition on commercial export of semiconductor manufacturing equipment to People's Republic of China. Sec. 134. Annual semiconductor industry monitoring report on the People's Republic of China. Sec. 135. Supply chain coordination. Sec. 136. Statement of policy on international cooperation to secure critical mineral supply chains. Sec. 137. Prioritization of efforts and assistance to secure critical mineral supply chains. Sec. 138. Leveraging international support. TITLE II—Compete Subtitle A—Infrastructure Sec. 201. Sense of Congress on the Build Back Better World initiative. Sec. 202. Office of Strategic Investments in United States International Development Finance Corporation. Sec. 203. Prohibition on transfer of sovereign loan guarantees to United States International Development Finance Corporation. Sec. 204. Strategy for promoting and strengthening nearshoring. Sec. 205. Sense of Congress on the Blue Dot Initiative. Sec. 206. Sense of Congress on the Three Seas Initiative. Subtitle B—Energy Sec. 211. Sense of Congress regarding United States engagement at the World Economic Forum. Sec. 212. Clean energy efforts of the United States International Development Finance Corporation. Sec. 213. Consistency in United States policy on development finance and climate change. Sec. 214. Energy diplomacy and security within the Department of State. Sec. 215. United States and European Union cooperation on climate finance for developing countries. Subtitle C—Technology Sec. 221. United States leadership and representation in standards-setting bodies. Sec. 222. Sense of Congress on cooperation with the G20 Digital Economy Working Group. Sec. 223. Statement of policy on artificial intelligence and the global economy. Sec. 224. Diplomatic strategy for artificial intelligence. Sec. 225. International collaboration on research and development. Subtitle D—International financial institutions and multilateral economic organizations Sec. 231. Statement of policy on United States leadership at international financial institutions. Sec. 232. Loans to the Poverty Reduction and Growth Trust of the International Monetary Fund. Sec. 233. Clearing World Bank Group arrears. Sec. 234. 10th general capital increase for the Inter-American Development Bank. Sec. 235. Participation of Taiwan in Inter-American Development Bank. Sec. 236. Increased United States cooperation with Asia-Pacific Economic Cooperation. Subtitle E—Resilience Sec. 241. Sense of Congress regarding United States leadership in recovery and resiliency. Sec. 242. Sense of Congress regarding improving resilience capacities through foreign assistance. Sec. 243. Office of Economic Resiliency. Sec. 244. Establishment of Resilience Trust Fund at the World Bank. 2. Findings Congress makes the following findings: (1) As of 2020, the United States accounts for nearly 25 percent of the world’s gross domestic product, amounting to approximately $20,953,000,000,000. The United States has major business dealings on almost every continent with involvement in multilateral financial systems, bilateral and multilateral economic partnerships, and a robust economy that held nearly 30 percent of the world’s share of research and development in 2019. (2) Since World War II, the United States has been a leader in the global economy, as demonstrated by its membership in economic-focused multilateral organizations such as the World Bank, the International Finance Corporation, the International Labour Organization, and the Group of Twenty (G20). The United States has leveraged its economic advantage to ensure its national security in countless instances, such as through the investment of billions of dollars used to rebuild Europe and restore world order following World War II. (3) The robust economy of the United States is directly tied to its ability to engage economically, diplomatically, and militarily with allies and adversaries. In a 2019 Pew Research study, of the countries surveyed, 46 percent of Asia-Pacific countries, 37 percent of European countries, and 47 percent of Middle Eastern countries view the United States as the world’s leading economic power. African countries that had an overall more favorable impression of the People’s Republic of China have consequently been engaging in greater economic partnerships with the People’s Republic of China, amounting to approximately $2,960,000,000 in 2020. (4) According to the Organisation for Economic Co-operation and Development, about 70 percent of global economic activity occurs through global value chains. Driven by a greater outsourcing of service industry work and greater financial and business service linkages with Europe, the United States has increased its engagement with global value chains in both the manufacturing and services industries. Although the United States has attempted to encourage value-based practices in international business through business advisories, public diplomacy, and other economic tools, countries like the People’s Republic of China do not operate with such value-oriented business operations. (5) In 2020, exports made up 10 percent of the United States economy, and the United States utilizes export controls to safeguard its economic edge and national security interests. As has been seen in the case of export controls imposed through the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce to restrict dual-use trade with the People’s Republic of China, such controls curtail potential militant activity by the People’s Liberation Army in the South China Sea, human rights abuses, and the use of semiconductor technology for military purposes. The expanded usage of export controls can continue to benefit United States economic security. (6) International financial institutions such as the World Bank, the International Monetary Fund, the Inter-American Development Bank, and the African Development Bank have key roles in encouraging regional cooperation, sustaining economic development, reducing global greenhouse gas emissions, and reducing global poverty. Those values are in line with United States international development practices, a commonality that can be leveraged for greater coordinated cooperation in the future, especially in the wake of the COVID–19 pandemic, including as follows: (A) To meet the needs of developing countries that need to repay debt amounting to approximately $860,000,000,000 in 2020, United States cooperation with key multilateral organizations in the smooth rollout of the Debt Service Suspension Initiative Refresher can ensure global economic recovery from the pandemic while mitigating the risk of loan default. (B) The rise in debt transparency has become a critical issue as more countries become unaware of the full extent of their sovereign debt as a result of predatory lending and poor debt management. The continued support by the United States of international financial institutions can facilitate reforms that go beyond the 2003 proposal of the International Monetary Fund for a Sovereign Debt Restructuring Mechanism. (7) Despite the impact of the COVID–19 pandemic, which has had devastating effects on global supply chains and economic productivity, the economy of the People’s Republic of China continues to grow. As a result, global investors are looking more toward the People’s Republic of China, instead of the United States, for potential economic activity and are willing to turn a blind eye to the People’s Republic of China’s human rights violations, including its use of forced labor in the Xinjiang Uyghur Autonomous Region. (8) The United States, as a major economic leader, has a role in preventing predatory economic practices, such as loans to developing countries from the Government of the People’s Republic of China through the Belt and Road Initiative. As the People’s Republic of China has come to fill the role of an economic leader to many developing countries with its lending, the United States stands to lose economically from its trading partners being stuck in billion dollar debt traps. Furthermore, such predatory practices have come to the United States with the increase of foreign investment in the United States from $4,400,000,000,000 to $4,630,000,000,000 over the course of 2020. I Confront A Economic coercion 101. Mandatory disclosure of Chinese debt in aid-related applications (a) In general The United States International Development Finance Corporation, the United States Agency for International Development, the Trade and Development Agency, the Millennium Challenge Corporation, and other independent and executive branch agencies responsible for disbursing foreign aid and development assistance shall require all applicants for United States aid to disclose any debt the applicant may owe to any entity known to be owned or controlled by the Government of the People’s Republic of China, including loan amounts, duration, rates, and contractual provisions. (b) Limitation United States foreign aid and development assistance may not be used to amortize any loan principal owed to any entity known to be owned or controlled by the Government of the People’s Republic of China. 102. Coordination with the Organisation for Economic Co-operation and Development on Chinese engagement (a) In general The Secretary of State shall coordinate with willing Organisation for Economic Co-operation and Development member countries— (1) to study the effects of the People’s Republic of China’s Belt and Road Initiative and other predatory economic practices; (2) to create a shared set of facts and promote more transparency with respect to such practices, including a joint stocktaking of the People's Republic of China’s distortive economic practices, such as subsidies and other forms of market-distorting state intervention in the People's Republic of China’s economy, and the negative global spillovers from such practices; (3) to establish a solid definitional foundation for future dialogues on the People's Republic of China’s unfair economic practices and a clear understanding of common concerns and priorities among member countries; and (4) to issue joint informational reports that contain the results of such data gathering efforts. 103. Countering Chinese Economic Coercion Task Force (a) Establishment Not later than 180 days after the date of the enactment of this Act, the President shall establish an interagency task force, which shall be known as the Countering Economic Coercion Task Force (referred to in this section as the Task Force ). (b) Duties (1) In general The Task Force shall— (A) oversee the development and implementation of an integrated United States Government strategy to respond to coercive economic practices of the People’s Republic of China that are abusive, arbitrary, pretextual, and contrary to international rules, which shall include— (i) systematically monitoring and evaluating— (I) the costs of such practices on United States businesses and overall United States economic performance; (II) instances in which such practices taken against a non-Chinese entity have benefitted United States parties; and (III) the impacts such practices have had on United States national interests; (ii) facilitating coordination among Federal departments and agencies when responding to such practices; and (iii) proactively deterring such economic coercion; (B) consult with United States allies and partners regarding— (i) the feasibility and desirability of collectively identifying, assessing, and responding to the People’s Republic of China’s coercive economic practices; (ii) actions that could be taken to expand international coordination; and (iii) establishing a consistent, coherent, and collective international response to such coercive practices, including a long-term deterrence to such practices; (C) effectively engage the United States private sector, particularly sectors, groups, or other entities that are susceptible to such coercive economic practices, to identify their concerns regarding such practices; and (D) develop and implement a process for regularly sharing relevant information, including classified information, to the extent appropriate and practicable, on such coercive economic practices with United States allies, partners, and the private sector. (2) Consultation In carrying out its duties under this subsection, the Task Force should regularly consult, to the extent necessary and appropriate, with— (A) relevant stakeholders in the private sector; (B) Federal departments and agencies that are not represented on the Task Force; and (C) United States allies and partners. (c) Membership The President shall— (1) appoint the Chair of the Task Force from among the staff of the National Security Council; (2) appoint the Vice Chair of the Task Force from among the staff of the National Economic Council; and (3) direct the head of each of the following Federal departments and agencies to appoint personnel, at the level of Assistant Secretary or higher, to participate in the Task Force: (A) The Department of State. (B) The Department of Commerce. (C) The Department of the Treasury. (D) The Department of Justice. (E) The Office of the United States Trade Representative. (F) The Department of Agriculture. (G) The Office of the Director of National Intelligence and other appropriate elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (H) The Securities and Exchange Commission. (I) The United States International Development Finance Corporation. (J) Any other department or agency designated by the President. (d) Reports (1) Initial report Not later than 1 year after the date of the enactment of this Act, the Task Force shall submit a report to the appropriate congressional committees that includes— (A) a comprehensive review of the array of economic tools the Government of the People's Republic of China employs or could employ to coerce other governments, non-Chinese companies (including United States companies), and multilateral institutions and organizations, including the Government of the People's Republic of China's continued efforts to codify informal practices into its domestic law; (B) the strategy developed pursuant to subsection (b)(1)(A); (C) an interagency definition of the People’s Republic of China’s coercive economic practices that captures— (i) the use of informal or extralegal coercive economic practices; and (ii) the illegitimate use of formal economic tools; (D) a comprehensive review of the array of economic and diplomatic tools that the United States Government employs or could employ to respond to economic coercion against the United States and United States allies and partners; (E) a list of unilateral or multilateral— (i) proactive measures to defend or deter against the People’s Republic of China’s coercive economic practices; and (ii) actions taken in response to the Government of the People’s Republic of China’s general use of coercive economic practices; (F) an assessment of areas in which United States allies and partners are vulnerable to the People’s Republic of China’s coercive economic practices; and (G) a description of the gaps in existing resources or capabilities of Federal departments and agencies— (i) to respond effectively to the People’s Republic of China’s coercive economic practices directed at United States entities; and (ii) to assist United States allies and partners in their responses to such practices. (2) Interim reports (A) First interim report Not later than 1 year after the date on which the report is submitted pursuant to paragraph (1), the Task Force shall submit a report to the appropriate congressional committees that includes— (i) updates to the information required under subparagraphs (A) through (G) of paragraph (1); and (ii) a description of the activities conducted by the Task Force to implement the strategy required under subsection (b)(1)(A). (B) Second interim report Not later than 1 year after the date on which the report is submitted pursuant to subparagraph (A), the Task Force shall submit a report to the appropriate congressional committees that includes an update to the elements required under the previously submitted report. (3) Final report Not later than 30 days after the date on which the report required under paragraph (2)(B) is submitted to the appropriate congressional committees, the Task Force shall submit a final report to the appropriate congressional committees and make such report available to the public on the website of the Executive Office of the President. The final report shall include— (A) an analysis of the Government of the People’s Republic of China’s coercive economic practices, including the cost of such practices to United States businesses; (B) a description of areas of particular vulnerability for United States businesses and the businesses of United States partners and allies; (C) recommendations on the best means for continuing the effort to counter such coercive practices; and (D) a list of the cases that have been made public pursuant to subsection (e). (4) Form (A) Initial and interim reports The reports required under paragraphs (1), (2)(A), and (2)(B) shall be submitted in unclassified form, but may include classified annexes. (B) Final report The report required under paragraph (3) shall be submitted in unclassified form, but may include a classified annex. (e) Publicly available list (1) In general Not later than 120 days after the date of the enactment of this Act, and every 180 days thereafter until its termination pursuant to subsection (f), the Task Force, to the extent practicable, shall make available to the public on the website of the Executive Office of the President a list of instances during the most recent 6-month period that the Government of the People's Republic of China has directed coercive economic practices against a non-Chinese entity. (2) Updates The list required under paragraph (1)— (A) shall be updated every 180 days; and (B) shall be managed by the Secretary of State after the Task Force is terminated pursuant to subsection (f). (f) Sunset (1) In general The Task Force shall be terminated at the end of the 60-day period beginning on the date on which the final report required under subsection (d)(3) is submitted to the appropriate congressional committees and made publicly available. (2) Additional actions During the 60-day period referred to in paragraph (1), the Task Force may conclude its activities, including providing testimony to Congress concerning its final report. 104. Strategy to counter Chinese economic coercion on countries and entities that support Taiwan (a) In general Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for the following 5 years, the Secretary of State shall submit to Congress a description of the strategy being used by the Department of State to respond to the Government of the People's Republic of China’s increased economic coercion against countries who have strengthened their ties with, or support for, Taiwan. (b) Assistance for Lithuania The Secretary of State shall provide assistance to Lithuania to support its supply chain resilience efforts. B Investment security 111. Provision of assistance to allies and partners with respect to reviewing foreign investment The Infrastructure Transaction and Assistance Network, in consultation with the Committee on Foreign Investment in the United States and the Office of Technical Assistance of the Department of the Treasury, shall, to protect the national security of the United States and countries that are allies or partners of the United States, establish a formal process for— (1) the exchange of information relating to foreign investment with the governments of such countries; and (2) the provision of assistance to those countries with respect to— (A) reviewing foreign investment transactions in such countries; (B) determining the beneficial ownership of parties to such transactions; and (C) identifying trends in investment and technology that could pose risks to the national security of the United States and such countries. C Anti-competition 121. Improvement of anti-counterfeiting measures (a) Increased inspections (1) Report on seizures of counterfeit goods Not later than one year after the date of the enactment of this Act, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on seizures by U.S. Customs and Border Protection of counterfeit goods during the one-year period preceding submission of the report, including the number of such seizures disaggregated by category of good, source country, and mode of transport. (2) Increased inspections of goods from certain countries The Commissioner shall increase inspections of imports of goods from each source country identified in the report required by subsection (a) as one of the top source countries of counterfeit goods, as determined by the Commissioner. (b) Publication of criteria for notorious markets list Not later than 2 years after the date of the enactment of this Act, and not less frequently than every 5 years thereafter, the United States Trade Representative shall publish in the Federal Register criteria for determining that a market is a notorious market for purposes of inclusion of that market in the list developed by the Trade Representative pursuant to section 182(e) of the Trade Act of 1974 ( 19 U.S.C. 2242(e) ) (commonly known as the Notorious Markets List ). 122. Intellectual property violators list (a) In general Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter for 5 years, the Secretary of State, in coordination with the Secretary of Commerce, the Attorney General, the United States Trade Representative, and the Director of National Intelligence, shall create a list (referred to in this section as the intellectual property violators list ) that identifies— (1) all centrally administered state-owned enterprises incorporated in the People’s Republic of China that have benefitted from— (A) a significant act or series of acts of intellectual property theft that subjected an economic sector of the United States or a company incorporated in the United States to harm; or (B) an act or government policy of involuntary or coerced technology transfer of intellectual property ultimately owned by a company incorporated in the United States; and (2) any corporate officer of, or principal shareholder with controlling interests in, an entity described in paragraph (1). (b) Rules for identification To determine whether there is a credible basis for determining that an entity should be included on the intellectual property violators list, the Secretary of State, in coordination with the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, shall consider— (1) any finding by a court in the United States that the entity has violated relevant United States laws intended to protect intellectual property rights; or (2) substantial and credible information received from any entity described in subsection (c) or other interested persons. (c) Consultation In carrying out this section, the Secretary of State, in coordination with the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, may consult, as necessary and appropriate, with— (1) other Federal agencies, including independent agencies; (2) entities in the private sector; (3) civil society organizations with relevant expertise; and (4) the Governments of Australia, Canada, countries in the European Union, Japan, New Zealand, South Korea, and the United Kingdom. (d) Report (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall publish in the Federal Register a report that— (A) lists the entities described in subsection (a)(1); (B) describes the circumstances surrounding acts or policies described in subsection (a)(1)(B), including any role of the Government of the People’s Republic of China; (C) assesses, to the extent practicable, the economic advantage derived by entities described in subsection (a)(1); and (D) assesses whether each entity described in subsection (a)(1) is using or has used stolen intellectual property in commercial activity in Australia, Canada, the European Union, Japan, New Zealand, South Korea, the United Kingdom, or the United States. (2) Form The report published under paragraph (1) shall be unclassified, but may include a classified annex. (3) Declassification and release The Director of National Intelligence may authorize the declassification of information, as appropriate, to inform the contents of the report published under paragraph (1). (e) Requirement To protect confidential business information (1) In general The Secretary of State and the head of any other Federal agency involved in the production of the intellectual property violators list shall protect from disclosure any proprietary information submitted by a private sector party and marked as confidential business information, unless the party submitting the information— (A) had notice, at the time of submission, that such information would be disclosed by the Secretary; or (B) subsequently consents to the disclosure of such information. (2) Nonconfidential version of report If confidential business information is provided by a private sector party in connection with the production of the intellectual property violators list, the Secretary of State shall publish a nonconfidential version of the report under subsection (d) in the Federal Register that summarizes or deletes, if necessary, the confidential business information. (3) Treatment as trade secrets Proprietary information submitted by a private sector party under this section— (A) shall be considered to be trade secrets and commercial or financial information exempt under subsection (b)(4) of section 552 of title 5, United States Code, from being made available to the public under subsection (a) of that section; and (B) shall be exempt from disclosure without the express approval of the party. 123. Report on subsidies provided by Government of People’s Republic of China (a) Report Not later than one year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in coordination with the United States Trade Representative and the Secretary of Commerce, shall submit to the appropriate congressional committees a report that identifies— (1) subsidies provided by the central government of the People’s Republic of China to enterprises in the People’s Republic of China; and (2) discriminatory treatment favoring enterprises in the People’s Republic of China over foreign market participants. (b) Elements of report In compiling each report under subsection (a), the Secretary of State shall consider— (1) regulatory and other policies enacted or promoted by the central government of the People’s Republic of China that— (A) discriminate in favor of enterprises in the People’s Republic of China at the expense of foreign market participants; (B) shield centrally administered, state-owned enterprises from competition; or (C) otherwise suppress market-based competition; (2) financial subsidies, including favorable lending terms, from or promoted by the central government of the People’s Republic of China or centrally administered, state-owned enterprises in the People’s Republic of China that materially benefit enterprises in the People’s Republic of China over foreign market participants in contravention of generally accepted market principles; and (3) any subsidy that meets the definition of subsidy under article 1 of the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(12) ). (c) Form of report Each report required by subsection (a) may be submitted in classified form. (d) Consultation In carrying out this section, the Secretary of State, in coordination with the Secretary of Commerce and the United States Trade Representative, may, as necessary and appropriate, consult with— (1) other Federal agencies, including independent agencies; (2) the private sector; and (3) civil society organizations with relevant expertise. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Finance of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives. D Supply chains 131. Definitions In this subtitle: (1) Covered item The term covered item includes semiconductor manufacturing equipment, including extreme ultraviolet photolithography equipment and argon fluoride immersion photolithography equipment. (2) 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) ). (3) Export; in-country transfer; reexport The terms export , in-country transfer , and reexport have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). 132. Department of State diplomatic strategy on semiconductor manufacturing equipment export controls (a) Required strategy Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce, the heads of other relevant Federal agencies, and private sector entities, shall develop a strategy to diplomatically engage the governments of the Netherlands, Japan, and other appropriate countries for the purposes of coordinating, developing, and instituting controls on the export of covered items to the People's Republic of China. (b) Aspects of the strategy The diplomatic strategy required by subsection (a) shall include— (1) a review of United States technological assets and capabilities in semiconductor manufacturing equipment, including photolithography; (2) an assessment of how export controls on semiconductor manufacturing equipment can be integrated into a broader United States technology strategy that includes support for— (A) research and development; (B) investment screening; (C) talent recruitment and retention; (D) standard setting; (E) international partnerships; and (F) supply chain security; (3) a plan of action to guide relevant United States engagement with the Netherlands, Japan, and other appropriate countries, including conducting bilateral and multilateral engagements to formulate export controls on semiconductor manufacturing equipment; (4) a plan of action to guide United States engagement with foreign entities that develop, construct, and export semiconductor manufacturing equipment; (5) a review of the potential diplomatic, economic, and security effects of implementing export controls on semiconductor manufacturing equipment; (6) an analysis of the impact of export controls on semiconductor manufacturing equipment on the semiconductor manufacturing industry and artificial intelligence chipmaking capabilities of the People's Republic of China; (7) a review of the potential economic impacts on United States entities if export controls on semiconductor manufacturing equipment are implemented; and (8) specific, measurable metrics of success for United States diplomatic activities related to semiconductor manufacturing equipment. (c) Objectives of the strategy The objectives of the diplomatic strategy required by subsection (a) are— (1) to formulate a political arrangement among the United States, Japan, the Netherlands, and other appropriate countries for the control of exports of covered items to the People's Republic of China; (2) to maintain United States and allied technological advantages in semiconductor manufacturing equipment; (3) to protect the interests of United States and allied companies operating in the field of semiconductor manufacturing and semiconductor manufacturing equipment; and (4) to ensure the United States continues to engage with allies on efforts involving the development and protection of a free, equitable, open, secure, and stable digital domain. (d) Form The strategy required by subsection (a) shall be submitted to the appropriate congressional committees in unclassified form, but may include a classified annex. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation; and (2) the Committee on Foreign Affairs and the Committee on Energy and Commerce. 133. Prohibition on commercial export of semiconductor manufacturing equipment to People's Republic of China (a) In general Following the completion of the strategy required by section 132, the President shall prohibit the export, reexport, and in-country transfer of covered items to the People's Republic of China. (b) Additional controls The President may prescribe such additional regulations and export controls as are necessary to carry out the strategy required by section 132. (c) Waivers The President may waive the application of controls under subsection (a) or (b) with respect to a covered item if the President certifies to the appropriate congressional committees that the export, reexport, or in-country transfer of the covered item is in the national security interests of the United States. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Financial Services of the House of Representatives. 134. Annual semiconductor industry monitoring report on the People's Republic of China (a) Report required Not later than May 1, 2023, and annually thereafter, the Secretary of State and the Secretary of Commerce, in concurrence with the Secretary of the Treasury and the Director of the Central Intelligence Agency, shall submit to the appropriate congressional committees a report on the semiconductor manufacturing capabilities of the People's Republic of China. (b) Contents The report required by subsection (a) shall include— (1) a detailed assessment of the domestic semiconductor manufacturing capabilities of the People's Republic of China; (2) a detailed assessment of year-by-year technological development efforts by the People's Republic of China in the fields of semiconductor manufacturing and artificial intelligence chipmaking, including relevant government plans and initiatives; (3) a detailed assessment of engagement between the People's Republic of China and other foreign countries with respect to semiconductor manufacturing equipment capabilities; (4) an analysis of the impact of United States and allied export controls on covered items on development of semiconductor manufacturing in the People's Republic of China; and (5) an assessment of whether such export controls remain effective in curbing the development of semiconductor manufacturing equipment capabilities in the People's Republic of China. (c) Form (1) In general The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Public availability The unclassified portion of the report required by subsection (a) shall be made available on a publicly accessible internet website of the Federal Government. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 135. Supply chain coordination (a) Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce, shall submit to the appropriate congressional committees a report on how the United States is coordinating with its partners and allies— (1) to secure global supply chains, including supply chains for— (A) semiconductor manufacturing and advanced packaging; (B) large capacity batteries, including batteries for electric vehicles; (C) critical minerals; and (D) pharmaceuticals and active pharmaceutical ingredients; (2) to develop common standards for transparent, trusted, and sustainable supply chains; and (3) to end reliance on the People's Republic of China for such supply chains. (b) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 136. Statement of policy on international cooperation to secure critical mineral supply chains It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational communities, commercial and recreational mining industry leaders, and the private sector, in a concerted effort— (1) to increase knowledge and raise awareness of the links between mining and refining of critical minerals, national security, climate change, and clean energy development; (2) to improve, in countries in which such mining and refining is conducted, resource mobilization and processing, transport, and mineral refining capacity; (3) to develop other strategies to maximize economic benefits from critical mineral resource development for the countries and communities in which such development takes place; (4) to promote transparency and combat— (A) human rights abuses, exploitive labor practices, and corruption within the critical mineral extraction industry; and (B) the influence the industry has on poor governance, democratic backsliding, and declines in the rule of law; (5) to support— (A) strengthening systems and bilateral and multilateral partnerships for reducing the monopolization of critical minerals and the exploitation of workers in the critical mineral extraction industry and reducing corruption as a means— (i) to ensure the availability of critical minerals at competitive market-rate costs; (ii) to uphold adequate labor standards to ensure critical minerals are not produced at the expense of the lives and livelihoods of workers in the critical mineral extraction industry; and (iii) to maintain the integrity of institutions governing the extraction and refinement of critical minerals; (B) deployment of and access to advanced technologies to recycle critical minerals to extend use and application beyond a single use; and (C) implementation of management measures to track and report instances of corruption and exploitation in the critical mineral extraction industry; and (6) to work cooperatively with international partners— (A) to ensure that the Extractive Industries Transparency Initiative has full unimpeded and uninfluenced access to global critical mineral industrial operations; (B) to establish— (i) an alliance to counter any state or private monopolization on the control, supply chains, or industrial processing and extraction of critical mineral resources; (ii) measurable targets for reducing corruption and exploitation of workers in the critical mineral extraction industry; and (iii) action plans to achieve such targets and a mechanism to provide regular reporting; (C) to promote consumer education, awareness, and outreach on exploitation of workers in the critical mineral extraction industry; and (D) to share best practices in materials management and industrial systems operations to maximize the benefit of critical mineral resources. 137. Prioritization of efforts and assistance to secure critical mineral supply chains (a) In general The Secretary of State shall, in coordination with the heads of other relevant Federal agencies— (1) lead and coordinate efforts to implement the policy described in section 136; and (2) develop strategies and implement programs that prioritize engagement and cooperation with foreign governments, subnational, national, and local stakeholders and the private sector to expedite efforts and assistance in foreign countries— (A) to partner with, encourage, and advise national and subnational governments on the development and execution, where practicable, of projects, programs, and initiatives— (i) to improve the capacity, security, and standards of operations of critical minerals supply chains; (ii) to monitor and track how well critical minerals supply chains are functioning internationally, based on uniform and transparent standards developed in cooperation with municipal, industrial, and civil society stakeholders; and (iii) to conduct outreach campaigns to raise public awareness of the importance of proper management and oversight of critical mineral supply chains; (B) to partner with and provide technical assistance to investors and national and international institutions, including private sector actors, to develop new business opportunities and solutions to uphold the highest standards in critical mineral supply chains and implement best practices in foreign countries by— (i) improving and expanding the capacity of foreign industries to responsibly employ extractive industry management practices; (ii) improving and expanding the capacity and transparency of tracking mechanisms for critical minerals to reduce exploitation and corruption; (iii) eliminating incentives that undermine responsible supply chain management; and (iv) building the capacity of countries— (I) to reduce, monitor, regulate, and manage the extraction, refinement, and transport of critical minerals appropriately and transparently; and (II) to encourage private investment in critical mineral extraction and refinement. (b) Prioritization In carrying out subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal agencies, shall prioritize assistance to countries and regional organizations in regions with— (1) rapidly developing economies; and (2) past instances of human rights abuses, exploitation, and corruption. (c) Effectiveness measurement In prioritizing and expediting efforts and assistance under this section, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall use clear, accountable, and metric-based targets to measure the effectiveness of assistance in achieving the policy described in section 136. 138. Leveraging international support In implementing the policy described in section 136, the President shall direct the Secretary of State and the heads of other relevant Federal agencies, to use the voice, vote, and influence of the United States, consistent with the broad development goals of the United States— (1) to work with countries and the private sector to break up the monopolization of critical mineral industries; (2) to commit to promoting transparent private sector development in the critical minerals sector; (3) to enhance coordination with the private sector to increase access to critical minerals; (4) to provide technical assistance to the regulatory authorities of countries that are members of the body to remove unnecessary barriers to investment; and (5) to utilize clear, accountable, and metric-based targets to measure the effectiveness of such actions. II Compete A Infrastructure 201. Sense of Congress on the Build Back Better World initiative It is the sense of Congress that— (1) the United States should exercise leadership in the Build Back Better World initiative of the Group of Seven (G7) to mobilize public and private sector capital and expertise toward meeting the infrastructure needs of low- and middle-income countries, estimated to exceed $40,000,000,000,000, over the next two decades; (2) the initiative should also advance strategic objectives, including— (A) strengthening partnerships with emerging market and developing countries to promote quality, transparent infrastructure investment that also supports good governance and the rule of law; (B) combating climate change through sustainable infrastructure projects that aid partner countries in the transition to net zero emissions, reduce their vulnerabilities to climate change, and improve their resilience; (C) promoting public health and health security through infrastructure projects that increase the availability, accessibility, and affordability of health care in partner countries; (D) increasing internal and external connections in digital, transportation, and energy infrastructure in partner countries; (E) improving education, economic opportunities, and standards of living in marginalized communities in partner countries, including for women and girls, racial and ethnic minorities, individuals with disabilities, individuals who are lesbian, gay, bisexual, transgender, or queer (commonly referred to as LGBTQ+ ), and individuals with low incomes; and (F) providing partners a principled, sustainable alternative to exploitative, coercive, and harmful infrastructure investments; and (3) the United States should establish a Build Back Better World Task Force— (A) to coordinate its development finance agencies, such as the United States International Development Finance Corporation, Export-Import Bank of the United States, the Trade and Development Agency, the Millennium Challenge Corporation, and the United States Agency for International Development; (B) to engage international partners such as the G7, multilateral development banks, international financial institutions, multinational corporations and banks, non-governmental organizations, and other industrial-country partners; (C) to leverage other development finance institutions, such as the Blue Dot Network, the Infrastructure Transaction and Assistance Network, and the Transaction Advisory Fund; and (D) to produce strategic guidance that identifies international infrastructure projects and details implementation plans, including— (i) an explanation of how each infrastructure project advances the strategic objectives described in paragraph (2); (ii) a description of consultations, criteria, and justification for such projects; (iii) distribution of such projects across economic sectors and geographical regions; (iv) budget estimates, proposed sources of financing, and required appropriations for such projects; (v) lists of timelines and contractual parties and their respective rights and responsibilities with respect to such projects; and (vi) certification that such projects— (I) meet specified standards, such as those of the Blue Dot Network; and (II) will not have negative impacts on the environment, local communities, national sovereignty, or economic growth. 202. Office of Strategic Investments in United States International Development Finance Corporation The BUILD Act of 2018 ( 22 U.S.C. 9601 et seq. ) is amended— (1) in section 1413 ( 22 U.S.C. 9613 )— (A) in subsection (a), by inserting a Strategic Investments Officer, after Development Officer, ; (B) in subsection (g)(2)(F), by striking subsection (i) and inserting subsection (j) ; (C) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; (D) by inserting after subsection (g) the following new subsection: (h) Strategic Investments Officer (1) Appointment Subject to the approval of the Board, the Chief Executive Officer shall appoint a Strategic Investments Officer from among individuals with experience in international economic policy, who— (A) shall report directly to the Board; and (B) shall be removable only by a majority vote of the Board. (2) Duties The Strategic Investments Officer shall— (A) coordinate efforts to develop the Corporation’s initiatives— (i) to counter predatory state-directed investment and coercive economic practices of adversaries of the United States; and (ii) to preserve the sovereignty of partner countries; (B) coordinate the Corporation's strategic investment policies and implementation efforts with the Department of State, the Export-Import Bank of the United States, the Trade and Development Agency, and other relevant United States Government departments and agencies, including by directly liaising with missions of the Department of State to ensure that departments, agencies, and missions have training, awareness, and access to the Corporation's tools with respect to strategic investment policy and projects; (C) manage the responsibilities of the Corporation under section 1442(b)(5) and paragraphs (1)(C) and (3)(C) of section 1443(b); (D) support the Chief Development Officer in coordinating and implementing the activities of the Corporation under section 1445; and (E) be an ex officio member of the Development Advisory Council established under subsection (j), and attend each meeting of the Council. ; (E) in subsection (i)(3)(C), as so redesignated, by striking subsection (i) and inserting subsection (j) ; and (F) by adding at the end the following new subsection: (k) Strategic Investments Advisory Council (1) In general There is established a Strategic Investments Advisory Council (in this subsection referred to as the Council ) to advise the Board on strategic investment objectives of the Corporation. (2) Membership Members of the Council shall be appointed by the Board, on the recommendation of the Chief Executive Officer and the Strategic Investment Officer, and shall be composed of not more than 9 members from the Department of State, the Department of Commerce, the Department of Defense, the Department of the Treasury, the Department of Energy, and the Office of Science and Technology Policy. (3) Functions The Board shall call upon members of the Council, either collectively or individually, to advise the Board regarding the extent to which the Corporation is meeting the strategic investment goals of the United States and any suggestions for improvements with respect to such goals, including opportunities in countries and project development and implementation challenges and opportunities. (4) Federal Advisory Committee Act The Council shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ; (2) in section 1442 ( 22 U.S.C. 9652 )— (A) in subsection (b)— (i) in paragraph (3), by striking ; and and inserting a semicolon; (ii) in paragraph (4)(B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new paragraph: (5) develop standards for, and a method for ensuring, appropriate strategic investment metrics of the Corporation’s portfolio. ; and (B) in subsection (d), by striking 1413(i) and inserting 1413(j) ; and (3) in section 1443 ( 22 U.S.C. 9653 )— (A) in subsection (a)— (i) in paragraph (3), by striking ; and and inserting a semicolon; (ii) in paragraph (4), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new paragraph: (5) the impact of the strategic investments made by the Corporation, which shall be included in a classified annex. ; and (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A), by striking ; and and inserting a semicolon; (II) in subparagraph (B), by adding and at the end; and (III) by adding at the end the following new subparagraph: (C) the impact of the Corporation’s strategic investment efforts on United States foreign policy goals; ; and (ii) in paragraph (3)— (I) in subparagraph (A), by striking ; and and inserting a semicolon; and (II) by adding at the end the following new subparagraph: (C) outcomes of the strategic investments portfolio, and whether or not such investments are meeting the foreign policy objectives of the United States; and . 203. Prohibition on transfer of sovereign loan guarantees to United States International Development Finance Corporation (a) In general Section 1463(c)(1) of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9683(c)(1) ) is amended by striking the Corporation or any other appropriate department or agency of the United States Government and inserting any appropriate department or agency of the United States Government (other than the Corporation) . (b) Effective date The amendment made by subsection (a) shall take effect as if included in the enactment of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9601 et seq. ). 204. Strategy for promoting and strengthening nearshoring (a) Findings Congress makes the following findings: (1) In 2019, the People’s Republic of China was the top supplier of goods imported into the United States, providing significant quantities of rare earth minerals, pharmaceutical ingredients, medical equipment, and other goods vital to the economic prosperity and national security of the United States. (2) The COVID–19 pandemic and production outages and shipping disruptions in the People’s Republic of China have jeopardized worldwide access to critical goods, contributing to an unprecedented, ongoing supply chain crisis that has exposed the severe risks of concentrating global supply chains in the People’s Republic of China and demonstrated the need for the United States to increase supply chain resiliency and diversity through reshoring and nearshoring initiatives. (3) Relocating supply chains from the People’s Republic of China to Latin America and the Caribbean is in the commercial and security interests of the United States and offers several significant advantages for the United States Government and United States entities, including— (A) reduced transit times to markets in the United States, which will lower freight costs, enable quicker adaptability to fluctuating consumer demand, and lessen the large carbon footprint of current supply chains; (B) having supply chains located in countries with which the United States has longstanding bilateral ties and shared democratic values, lessening the risk of geopolitical disruptions to supply chains; and (C) having supply chains located in countries with existing comparative advantages for sourcing and manufacturing key critical goods that cannot be entirely sourced from or manufactured in the United States, including rare earth minerals, pharmaceuticals, medical goods, and semiconductors. (4) Switching 15 percent of United States imports from its top 10 source countries outside of the Western Hemisphere to countries in Latin America and the Caribbean would increase the exports of the region by approximately $72,000,000,000 annually, helping the region recover from the effects of the COVID–19 pandemic while also reducing pressures encouraging migration to the United States. (b) Statement of policy It shall be the policy of the United States— (1) to work with allies and partners of the United States in the Western Hemisphere to achieve more resilient, diverse, and secure supply chains; (2) to pursue nearshoring initiatives to relocate supply chains to Latin America and the Caribbean, particularly for products unlikely to be sourced or manufactured in the United States, while simultaneously pursuing reshoring initiatives to increase domestic production in the United States; and (3) to engage with regional governments, multilateral development banks, and the private sector to develop and advance joint efforts to incentivize entities to relocate supply chains to, and strengthen supply chains within, the Western Hemisphere. (c) Strategy The Secretary of State, in coordination with the heads of other relevant Federal agencies, as determined by the Secretary, 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. (d) Elements The strategy required under subsection (c) shall— (1) be informed by consultations with the governments of allies and partners of the United States in the Western Hemisphere and labor organizations and trade unions in the United States; (2) provide a description of how reshoring and nearshoring initiatives can be pursued in a complementary fashion to strengthen the national interests of the United States; (3) include an assessment of— (A) the status and effectiveness of current efforts by regional governments, multilateral development banks, and the private sector to promote nearshoring to the Western Hemisphere; (B) major challenges hindering those efforts; and (C) how the United States can strengthen the effectiveness of those efforts; (4) identify countries in 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— (A) to develop formalized national nearshoring strategies; (B) to address corruption and rule of law concerns; (C) to modernize digital and physical infrastructure; (D) to lower trade barriers; (E) to improve ease of doing business; and (F) to finance and incentivize nearshoring initiatives; (7) advance diplomatic initiatives to harmonize standards and regulations, expedite customs operations, and facilitate economic integration in Latin America and the Caribbean; and (8) develop and implement programs to finance, incentivize, or otherwise promote nearshoring to the Western Hemisphere in accordance with the assessments and identifications made pursuant to paragraphs (3), (4), and (5), including, at minimum, programs— (A) to develop physical and digital infrastructure; (B) to promote transparency in procurement processes; (C) to provide technical assistance in implementing national nearshoring strategies; (D) to mobilize private investment; and (E) to secure commitments by private sector entities to relocate supply chains from the People’s Republic of China to the Western Hemisphere. (e) Coordination with multilateral development banks In implementing the strategy required under subsection (c), the Secretary of State and the heads of other relevant Federal agencies, as determined by the Secretary, shall coordinate with the United States Executive Director to the Inter-American Development Bank and the United States Executive Director to the World Bank. (f) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 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 the strategy required under subsection (c) and a description of progress made in the implementation of that strategy. 205. Sense of Congress on the Blue Dot Initiative It is the sense of Congress that— (1) the Blue Dot Network helps public and private investors finance infrastructure projects that are inclusive, transparent, sustainable, environmentally and socially responsible, and compliant with international standards, laws, and regulations; (2) the Blue Dot Network helps mitigate threats such as the predatory infrastructure investment practices of the People's Republic of China and critical shortfalls in global infrastructure financing; (3) the Blue Dot Network advances the interests of the United States through setting principal international standards, but also requires sufficient investments in other tools of economic statecraft such as the United States International Development Finance Corporation and the Millennium Challenge Corporation to be effective; (4) the United States International Development Finance Corporation should deepen its cooperation with Japan Bank for International Cooperation and the Department of Foreign Affairs and Trade of Australia to promote the Blue Dot Network and finance certified projects; (5) the Organisation for Economic Co-operation and Development must continue to update and refine its methodologies and metrics for infrastructure project certification based on guidelines such as the Group of Twenty (G20) Principles for Quality Infrastructure Investment; (6) the Blue Dot Network must complement other principled development finance initiatives such as the Infrastructure Technology and Assistance Network and the Transaction Advisory Fund of the Infrastructure Transaction and Assistance Network; (7) future development finance initiatives should build on the foundations of the initiatives described in paragraph (6); and (8) the governments of other countries committed to good governance, international law, and infrastructure investment should work with the Blue Dot Network to certify infrastructure projects and attract public and private sector investments. 206. Sense of Congress on the Three Seas Initiative It is the sense of Congress that— (1) the Three Seas Initiative promotes security, economic integration, modernization, and prosperity in Central and Eastern Europe through critical investments energy, transportation, and digital infrastructure; (2) the United States International Development Finance Corporation should finalize its approved investment of $300,000,000 and approve an additional $700,000,000 investment in the Three Seas Initiative to fulfill its 2020 commitments; (3) Central and Eastern Europe must develop better north-south infrastructure and economic integration to break the dominance by the Russian Federation of east-west trade corridors and regional energy supplies; (4) in the wake of the premeditated, unprovoked, and unjustified invasion of Ukraine by the Russian Federation, the Three Seas Initiative has never been more important for the security of its 12 participants: Austria, Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia; (5) the Three Seas Initiative should prioritize construction of regional liquid natural gas terminals that can help diversify the region’s energy supplies and reduce the malign influence of the Russian Federation; (6) the People’s Republic of China’s $14,000,000,000 of infrastructure investments in the region have degraded the environment, eroded the rule of law, infringed upon state sovereignty, and pose a national security threat; (7) the Digital Economy Cooperation Initiative should cooperate with the Three Seas Initiative to further modernize the region’s economy and develop the regions digital, communications, and financial infrastructure; (8) the European Union has made substantial contributions to the objectives of the Three Seas Initiative and should continue to do so through mechanisms such as the Connecting Europe Facility; and (9) the United States should encourage regional initiatives such as the Three Seas Initiative to galvanize public and private sector investments in regional infrastructure projects that adhere to environmental, equitable, social, and sustainable standards. B Energy 211. Sense of Congress regarding United States engagement at the World Economic Forum It is the sense of Congress that the Secretary of State, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States International Development Finance Corporation should make climate finance commitments at the World Economic Forum. 212. Clean energy efforts of the United States International Development Finance Corporation (a) In general The Chief Executive Officer of the United States International Development Finance Corporation shall strive to reduce the net carbon footprint of the Corporation’s entire investment portfolio to zero by 2028. (b) Priority In carrying out the goal described in subsection (a), the Chief Executive Officer shall prioritize projects in countries struggling with transitioning from carbon intensive electricity to clean energy. (c) Report The Chief Executive Officer shall submit a report to Congress that describes the Corporation’s efforts to meet the goals described in subsections (a) and (b). 213. Consistency in United States policy on development finance and climate change It is the policy of the United States to ensure that its engagement with multilateral international financial institution’s is consistent with United States policy to reduce greenhouse gas emissions in order to achieve worldwide net-zero carbon emissions by 2050. 214. Energy diplomacy and security within the Department of State Section 1(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c) ) is amended— (1) in paragraph (1), by striking 24 and inserting 25 ; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) Assistant secretary of state for energy resources Subject to the numerical limitation specified in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State for Energy Resources who shall be responsible to the Secretary of State for matters pertaining to the formulation and implementation of international policies— (A) to protect United States energy security interests; and (B) to promote responsible global clean energy production. . 215. United States and European Union cooperation on climate finance for developing countries (a) Sense of Congress It is the sense of Congress that the United States should restore its historic alliance with countries of the European Union regarding climate action by renewing the commitment to advancing shared values, principles, goals, and global cooperation for addressing climate change and achieving the goals of the decision of the 21st Conference of Parties to the United Nations Framework Convention on Climate Change adopted in Paris December 12, 2015 (commonly known as the Paris Agreement ). (b) Discretionary clean energy development finance fund The Chief Executive Officer of United States International Development Finance Corporation shall partner with the European Bank for Reconstruction and Development to establish the Discretionary Clean Energy Development Finance Fund. (c) Energy transition assistance for Eastern Europe Title V of the Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5451 et seq. ) is amended by adding at the end the following: 504. Assistance for Eastern European countries transitioning from fossil fuels to clean energy (a) Authorization of assistance The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, the Secretary of Energy, and the Secretary of Commerce, is authorized to establish a program to support workers and communities in Eastern European countries that are struggling with the transition from fossil fuel dependent economies to clean energy economies. (b) Authorization of appropriations There is authorized to be appropriated, for each of the fiscal years 2023 through 2027, such sums as may be necessary to carry out the program authorized under subsection (a). . (d) United States-European Union Working Group The Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Energy, shall seek to establish a formal United States-European Union Working Group that will develop a strategy to respond to the People’s Republic of China’s Belt and Road Initiative. C Technology 221. United States leadership and representation in standards-setting bodies (a) Statement of policy It is the policy of the United States to ensure that the United States leads in the innovation of critical and emerging technologies, such as next-generation telecommunications, artificial intelligence, quantum computing, semiconductors, and biotechnology, by— (1) providing necessary investment and concrete incentives for the private sector to accelerate development of such technologies; (2) modernizing export controls and investment screening regimes and associated policies and regulations; (3) enhancing United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of emerging critical technologies; (4) reducing United States barriers and increasing incentives for collaboration with allies and partners on the research and co-development of critical technologies; (5) collaborating with allies and partners to protect critical technologies by— (A) crafting multilateral export control measures; (B) building capacity for defense technology security; (C) safeguarding chokepoints in supply chains; and (D) ensuring diversification; and (6) designing major defense capabilities for export to allies and partners. (b) Sense of Congress It is the sense of Congress that— (1) the United States must lead in international bodies that set the governance norms and rules for critical digitally enabled technologies in order to ensure that those technologies operate within a free, secure, interoperable, and stable digital domain; (2) the United States, along with allies and partners, should lead an international effort that utilizes all of the economic and diplomatic tools at its disposal to combat the expanding use of information and communications technology products and services to surveil, repress, and manipulate populations (also known as digital authoritarianism ); (3) the United States should lead a global effort to ensure that freedom of information, including the ability to safely consume or publish information without fear of undue reprisals, is maintained as the digital domain becomes an increasingly integral mechanism for communication; (4) the United States should lead a global effort to develop and adopt a set of common principles and standards for critical technologies to ensure that the use of such technologies cannot be abused by malign actors, whether those actors are governments or other entities, and that those actors do not threaten democratic governance or human rights; (5) the United States and its allies and partners should maintain participation and leadership at international standards-setting bodies for 5th and future generation mobile telecommunications systems and infrastructure; (6) the United States should work with its allies and partners to encourage and facilitate the development of secure supply chains and networks for 5th and future generation mobile telecommunications systems and infrastructure; and (7) the maintenance of a high standard of security in telecommunications and cyberspace between the United States and its allies and partners is a national security interest of the United States. (c) Enhancing representation and leadership of United States at international standards-Setting bodies (1) In general The President shall— (A) establish an interagency working group to provide assistance and technical expertise to enhance the representation and leadership of the United States at international bodies that set standards for equipment, systems, software, and virtually defined networks that support 5th and future generation mobile telecommunications systems and infrastructure, such as the International Telecommunication Union and the 3rd Generation Partnership Project; and (B) work with allies, partners, and the private sector to increase productive engagement with respect to the standards described in subparagraph (A). (2) Interagency working group The interagency working group described in paragraph (1) shall— (A) be chaired by the Secretary of State or a designee of the Secretary of State; and (B) consist of the head (or designee) of each Federal department or agency the President determines appropriate. (3) Briefings (A) In general Not later than 180 days after the date of the enactment of this Act, and subsequently thereafter as provided under subparagraph (B), the interagency working group described in paragraph (1) shall provide a strategy to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that addresses— (i) promotion of United States leadership at international standards-setting bodies for equipment, systems, software, and virtually defined networks relevant to 5th and future generation mobile telecommunications systems and infrastructure, taking into account the different processes followed by the various international standard-setting bodies; (ii) diplomatic engagement with allies and partners to share security risk information and findings pertaining to equipment that supports or is used in 5th and future generation mobile telecommunications systems and infrastructure and cooperation on mitigating such risks; (iii) China’s presence and activities at international standards-setting bodies relevant to 5th and future generation mobile telecommunications systems and infrastructure, including information on the differences in the scope and scale of China’s engagement at such bodies compared to engagement by the United States or its allies and partners and the security risks raised by Chinese proposals in such standards-setting bodies; and (iv) engagement with private sector communications and information service providers, equipment developers, academia, federally funded research and development centers, and other private sector stakeholders to propose and develop secure standards for equipment, systems, software, and virtually defined networks that support 5th and future generation mobile telecommunications systems and infrastructure. (B) Subsequent briefings Upon receiving a request from the appropriate congressional committees, or as determined appropriate by the chair of the interagency working group described in paragraph (1), the interagency working group shall provide such committees an updated briefing that covers the matters described in clauses (i) through (iv) of subparagraph (A). 222. Sense of Congress on cooperation with the G20 Digital Economy Working Group It is the sense of Congress that— (1) the Group of Twenty (G20) Digital Economy Working Group advances national and international interests through promoting principled and practical standards; and (2) the United States should continue to support, engage, and exercise leadership in the working group— (A) to maximize the benefits and minimize the harms of the $70,000,000,000 and growing global digital economy; (B) to increase international digital connectivity and trade; (C) to modernize the global economy with new technologies such as blockchain, artificial intelligence, and machine learning; (D) to protect cross border data flow and data free flow with trust; (E) to promote social inclusion through digital quality control, consumer protection, child protection, and equitable access to new technologies; (F) to improve efficiency and interoperability for technologies and regulations in the public sector; (G) to advance the past initiatives of the working group such Smart Cities, Digital Security, and the Connecting Humanity 2030 Initiative; and (H) to enable progress toward the United Nations Sustainable Development Goals. 223. Statement of policy on artificial intelligence and the global economy It is the policy of the United States— (1) to prioritize diplomacy and international engagement in the artificial intelligence strategies and policies of the United States; (2) to prioritize artificial intelligence issues in United States diplomacy; (3) to collaborate with allies and partners to— (A) research, develop, produce, and invest in artificial intelligence technologies that support economic prosperity, collective security, democracy, and human rights; (B) promote commitments and international law related to artificial intelligence that reflect shared values; (C) ensure that artificial intelligence technologies are safe, secure, and trustworthy; (D) create and maintain artificial intelligence-related technical and institutional infrastructure; (E) share artificial intelligence-related data, technology, and knowledge, subject to appropriate safeguards and restrictions; (F) prevent the unwanted transfer of sensitive artificial intelligence-related technical information; (G) coordinate artificial intelligence-related export controls and investment screening procedures; and (H) educate and train new cohorts of artificial intelligence researchers, developers, and practitioners; (4) to incorporate perspectives and expertise from industry, academia, and civil society into United States diplomatic activities related to artificial intelligence; (5) to engage with bilateral and multilateral organizations active in artificial intelligence research, development, and policy; and (6) to use diplomacy and foreign assistance to support activities for deploying artificial intelligence that create broadly shared prosperity, account for relevant artificial intelligence safety and security concerns, and uphold human rights and democratic values. 224. Diplomatic strategy for artificial intelligence (a) In general Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy for United States diplomacy related to artificial intelligence. (b) Contents Each strategy required by subsection (a) shall include the following: (1) A review of relevant prior and ongoing initiatives, the outcomes of those initiatives, and key ongoing challenges to those initiatives. (2) The objectives and priorities that will be used to guide the diplomacy of the United States Government related to artificial intelligence, including objectives and priorities related to each of the following: (A) Promoting human rights and democratic values in the development and deployment of artificial intelligence technologies, including by advancing relevant international law and principles. (B) Deterring and disrupting malicious and oppressive uses of artificial intelligence. (C) Fostering United States collaboration with allies and partners in artificial intelligence research and development. (D) Developing appropriate technical standards, metrics, and measurement techniques for artificial intelligence. (E) Mitigating safety risks of artificial intelligence. (F) Maintaining secure supply chains for artificial intelligence technology and its inputs, including computing hardware. (G) Ensuring the integrity of the artificial intelligence research and development activities of the United States and its allies and partners. (H) Ensuring the equitable deployment and adoption of artificial intelligence technology, including through trade, foreign assistance, and development finance. (I) Involving the private sector and civil society. (J) Responding to the artificial intelligence activities and strategies of other countries, including the People's Republic of China. (3) Specific, measurable indicators of progress corresponding to the objectives and priorities described in paragraph (2). (4) For each strategy other than the first strategy required by subsection (a), an assessment of whether and how progress with respect to each of the indicators identified in the preceding strategy was realized. (5) A detailed implementation plan, including timelines, designations of lead and supporting implementing entities of the United States Government, budgetary estimates (as applicable), and descriptions of any additional budgetary resources, technical expertise, legal authorities, or personnel needed for implementation of the strategy. (6) Any other matters the Secretary considers relevant. (c) Consultation In preparing each strategy required by subsection (a), the Secretary of State shall consult with— (1) the Secretary of Defense; (2) the Secretary of Homeland Security; (3) the Secretary of Commerce; (4) the Secretary of Energy; (5) the Director of the National Science Foundation; (6) the Director of the Office of Science and Technology Policy; (7) the heads of such other relevant Federal agencies and departments as the Secretary of State considers appropriate; and (8) such nongovernmental partners as the Secretary considers appropriate. (d) Form Each strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (e) Publication The Secretary of State shall make each strategy required by subsection (a) (without its classified annex, if any) available on a publicly accessible website. (f) Definition of appropriate congressional committees In this section, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 225. International collaboration on research and development (a) Findings Congress finds the following: (1) Innovation in artificial intelligence and other emerging technology domains has become increasingly global. According to the Organisation for Economic Co-operation and Development, worldwide spending on research and development more than tripled between 2000 and 2020. The United States accounted for almost 70 percent of such spending in 1960, but less than 1/3 in 2018. (2) Many allies and partners of the United States are technological powers in their own right, with robust research and development activities and world-leading capabilities in fields such as artificial intelligence, semiconductors, robotics, and biotechnology. (3) Adversaries of the United States, including the People's Republic of China, the Russian Federation, and Iran, also emphasize technology and innovation in their geopolitical strategies. In particular, the Chinese Communist Party believes innovation is essential to its continued rule and is investing heavily in research and development as part of a strategy to leapfrog the United States into global leadership. (4) The United States and its allies and partners collectively control a much larger share of research and development activity than the People's Republic of China. Together, the United States and 6 like-minded countries, namely, Japan, Germany, South Korea, India, France, and the United Kingdom, account for more than 1/2 of global spending on research and development, while the People's Republic of China accounts for approximately 1/4 . (5) The National Science Board’s Vision 2030 report, issued in May 2020, states, Staying at the frontiers of discovery requires leaning into internationalism, particularly given the nation’s falling share of global knowledge production, paired with the rising importance and impact of international collaboration and knowledge- and technology-intensive industries. . (6) Previously, in 2008, the National Science Board reported, The U.S. Government could play a more effective role in supporting international S&E (science and engineering) partnerships by developing a coherent international S&E strategy to coordinate the activities and objectives of the various Federal agencies that play a role in such partnerships. … No single U.S. agency is responsible for coordinating or supporting international S&E partnerships, and few U.S. agencies that do S&E work have explicit missions in international relations. . (7) As of March 2022, numerous Federal departments and offices administer joint research and development activities with international partners, including the Office of International Science and Engineering within the National Science Foundation, the Division of International Relations within the National Institutes of Health, and the Office of International Science & Technology Cooperation within the Department of Energy. (b) Sense of Congress It is the sense of Congress that— (1) international collaboration on research and development is critical to maintaining United States leadership in artificial intelligence and other critical technologies; and (2) Federal initiatives related to international collaboration on research and development should be— (A) consistently and adequately funded; and (B) coordinated across agencies to increase impact, minimize undue duplication, and ensure alignment with policies and strategic objectives of the United States. (c) Government Accountability Office report Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and release to the public a report that— (1) enumerates and describes all significant Federal initiatives related to international collaboration on research and development in emerging technologies in existence as of the date on which the report is released; (2) assesses whether those initiatives are equipped to achieve their stated goals; (3) assesses whether those initiatives are properly managed and coordinated within and across Federal agencies; and (4) recommends appropriate actions with respect to paragraphs (1) through (3). (d) Independent report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall seek to enter into a contract with an appropriately qualified independent research entity, such as a federally funded research and development center or other nonprofit organization, to produce a report on Federal activities related to international collaboration on research and development. (2) Elements The report described in paragraph (1) shall— (A) assess the effectiveness of Federal activities related to international collaboration conducted as of the date on which the report is produced; (B) identify key opportunities for enhanced collaboration on research and development with allies and partners of the United States; (C) identify key challenges to United States collaboration on research and development with allies and partners; (D) propose a Federal strategy and corresponding implementation plan for future Federal activities related to international collaboration on research and development; and (E) recommend other appropriate actions for the Secretary of State, other officials of the Department of State, Congress, and other relevant governmental and nongovernmental actors, and identify any additional resources or legal authorities necessary to carry out such actions. (3) Completion The contract described in paragraph (1) shall require delivery of the report described in that paragraph not later than 1 year after the date on which the contract is executed. (4) Publication The Secretary of State shall make the report described in paragraph (1) available on a publicly accessible website. D International financial institutions and multilateral economic organizations 231. Statement of policy on United States leadership at international financial institutions It is the policy of the United States— (1) to recognize rising debt stock in emerging market and developing countries as a national security and economic security threat and raise its importance in multilateral fora; (2) to leverage the voice and vote of the United States in international financial institutions to prevent future unsustainable debt stocks in emerging market and developing countries; (3) to promote rule-writing standards for transparency and disclosure that hold both debtors and creditors accountable, allow accurate debt sustainability assessments, and promote better debt management; (4) to lead the international community in translating the G20 Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative (commonly known as the Common Framework ) into tangible action, including effective standstill for debt payments and credit revisions for petitioner countries and finalizing the debt treatment for the petitioner countries, beginning with Chad, Ethiopia, and Zambia; (5) to reduce timelines and increase confidence in outcomes for the Common Framework so that private creditors continue to provide sufficient finances to petitioner countries and other countries witness the benefits of petitioning; (6) to expand the Common Framework and offer its financial assistance to other heavily indebted lower-middle-income countries, beyond those currently covered; (7) to cooperate with counterparts in the Group of Twenty (G20), the International Monetary Fund, private credit rating agencies, and regulators, to explore and develop new bond and loan contract issuance standards that authorize temporary suspensions of debt services to both private and public creditors without triggering a default in crisis situations; (8) to engage with petitioner countries, before those countries exhaust their reserves, to strategize their ascension into the Common Framework and prevent further economic costs; (9) to leverage the voice and vote of the United States in the International Monetary Fund and the World Bank so that the Fund and the Bank complete preliminary assessments of the debt relief needed by each country eligible for Common Framework treatment before such countries petition for debt relief; (10) that assessments described in paragraph (9) should— (A) include realistic growth and fiscal projections; (B) include implications of Common Framework debt relief; and (C) be based on accurate and comprehensive debt data; (11) to support the International Monetary Fund lending into arrears for the Common Framework in the case that private lenders fail to uphold their initial commitments; (12) to leverage the voice and vote of the United States in international financial intuitions to promote and finance international initiatives to procure and deploy more affordable and accessible COVID–19 vaccinations and treatments for emerging market and developing countries; (13) to address the near-term problems associated with the pandemic-induced global recession and also longer term problems of unsustainable credit lending and borrowing that victimizes emerging market and developing countries; and (14) to consider the impact of the monetary policies of the United States and future increases in interest rates on emerging market and developing countries and mitigate related harms. 232. Loans to the Poverty Reduction and Growth Trust of the International Monetary Fund (a) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary of the Treasury for fiscal year 2022 $102,000,000, for contribution to the Poverty Reduction and Growth Trust or other special purpose vehicle of the International Monetary Fund. (2) Availability of amounts Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until September 30, 2031. (b) Use of amounts Amounts appropriated pursuant to the authorization of appropriations under subsection (a) shall be available— (1) to cover the cost (as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a )) of loans made by the Secretary of the Treasury to the Poverty Reduction and Growth Trust or other special purpose vehicle of the International Monetary Fund; and (2) to subsidize gross obligations for the principal amount of direct loans not to exceed 15,000,000,000 Special Drawing Rights. (c) Nonapplicability of certain limitation Section 5(f) of the Bretton Woods Agreements Act ( 22 U.S.C. 286c(f) ) shall not apply to any loans made pursuant to this section to the Poverty Reduction and Growth Trust or other special purpose vehicle of the International Monetary Fund on or before September 30, 2031. (d) Authorization of certain transactions The Exchange Stabilization Fund and the financing account corresponding to transactions with the International Monetary Fund are authorized to enter into such transactions as are necessary to effectuate loans made pursuant to this section and denominated in Special Drawing Rights to the Poverty Reduction and Growth Trust or other special purpose vehicle of the International Monetary Fund. 233. Clearing World Bank Group arrears Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall provide the World Bank Group with all necessary amounts to address the United States arrears in contributions from fiscal years 2019 and 2020. 234. 10th general capital increase for the Inter-American Development Bank (a) Sense of congress It is the sense of Congress that— (1) the spread of SARS–CoV–2, the virus that causes COVID–19, has had a significant impact on economic, social, and humanitarian conditions throughout Latin America and the Caribbean; (2) the Inter-American Development Bank is the preeminent multilateral development bank dedicated to regional economic and social development and the betterment of lives across Latin America and the Caribbean; (3) the Bank has played an integral role in supporting member countries with the coordination and implementation of policies to mitigate the effects of the COVID–19 pandemic, the Venezuelan refugee and migration crisis, and other crises in the Western Hemisphere; (4) a capital increase for the Bank would greatly increase its capacity to provide financing, institutional knowledge, and technical support to foster recovery and inclusion initiatives between regional governments, private sector entities, and international organizations; and (5) the United States, as a founding member of the Bank, should support a capital stock increase to ensure the Bank is prepared to offer additional support to member countries severely impacted by the COVID–19 pandemic and other crises. (b) Tenth general capital increase (1) Support for a general capital increase The President shall take steps to support a tenth general capital increase for the Inter-American Development Bank. (2) Diplomatic engagement The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank— (A) to support Latin American and Caribbean countries in their efforts to address the COVID–19 pandemic and the related economic impact; and (B) to advance inclusive economic and social development in the Americas. (3) Progress report Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out paragraphs (1) and (2). (4) Tenth capital increase The Inter-American Development Bank Act ( 22 U.S.C. 283 et seq. ) is amended by adding at the end the following: 42. Tenth capital increase (a) Vote authorized The United States Governor of the Bank is authorized to vote in favor of a resolution to increase the capital stock of the Bank by $80,000,000,000 over a period not to exceed 5 years. (b) Subscription authorized (1) In general The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. (2) Limitation Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. (c) Limitations on authorization of appropriations (1) In general In order to pay for the increase in the United States subscription to the Bank under subsection (b), there is authorized to be appropriated $24,014,857,191 for payment by the Secretary of the Treasury. (2) Allocation of funds Of the amount authorized to be appropriated under paragraph (1)— (A) $600,371,430 shall be for paid in shares of the Bank; and (B) $23,414,485,761 shall be for callable shares of the Bank. . (c) Support for environmental sustainability initiatives of Inter-American Development Bank (1) Sense of Congress It is the sense of Congress that the Inter-American Development Bank should— (A) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (B) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. (2) Diplomatic engagement The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank. 235. Participation of Taiwan in Inter-American Development Bank (a) Findings Congress makes the following findings: (1) The Inter-American Development Bank was established in 1959 and— (A) is the premier multilateral development bank in the Western Hemisphere; (B) is the largest source of development financing for Latin America and the Caribbean; and (C) issued more than $140,000,000,000 in loans and grants between 2011 and 2021. (2) The Inter-American Development Bank— (A) has 48 member states, of which 26 are borrowing members in the Latin America and the Caribbean region; and (B) constitutes a critical forum for fostering collective action and meeting shared regional challenges, including COVID–19 recovery and response. (3) Japan, the Republic of Korea, and the People's Republic of China are among the 22 non-borrowing, non-Western Hemisphere members of the Inter-American Development Bank. (4) Taiwan— (A) has been an observer at the Inter-American Development Bank since 1991; (B) has contributed to a specialized financial intermediary development fund at IDB Lab since 2006; (C) has been a non-regional member of the Central American Bank for Economic Integration since 1992; (D) is a member of the Asian Development Bank, the World Trade Organization, the Asia-Pacific Economic Cooperation, and the International Chamber of Commerce; and (E) is a participant of the Organisation for Economic Co-operation and Development's Competition Committee, its Steel Committee, and its Fisheries Committee. (5) Taiwan's economy is the 7th largest in Asia and the 20th largest in the world by purchasing power parity. (6) Taiwan has been a model contributor of foreign aid in Latin America and the Caribbean, allocating between 30 percent and 50 percent of its foreign aid budget to Latin America and the Caribbean. (7) Since 2010, Taiwan's International Cooperation and Development Fund has funded 95 projects in Central America, 64 projects in the Caribbean, and 21 projects in South America. (8) Taiwan has been a firm supporter of Haiti as it confronts multiple simultaneous crises— (A) by providing more than $145,000,000 in financing to modernize Haiti's electrical grid; (B) by delivering 280,000 masks at the height of the COVID–19 pandemic; and (C) by pledging $500,000 in disaster relief immediately after the August 14, 2021, earthquake in Haiti. (9) According to data from the Pan American Development Foundation, communities receiving assistance from Taiwan display increased— (A) food security; (B) income generation; and (C) capacity to recover from natural disasters. (10) Taiwan has placed special emphasis on fostering development in Central America and in the Caribbean, including by signing the Agreement on the Republic of China (Taiwan)—Central America Economic Development Fund in 1998. (11) Through its non-regional member status at the Central American Bank for Economic Integration, Taiwan has provided $266,700,000 in financial assistance to help Central American countries respond to the COVID–19 pandemic. On April 22, 2021, the Central American Bank for Economic Integration announced the opening of its Representative Office in Taiwan, deepening investment ties between Taiwan and Central America. (12) Nine countries in Latin America and the Caribbean maintain diplomatic relations with Taiwan, and Taiwan has 8 representative offices in 7 other countries in the region. (13) Since 2016, the Government of the People's Republic of China has engaged in aggressive economic diplomacy to compel the withdrawal of diplomatic recognition for Taiwan, most notably in Panama, the Dominican Republic, and El Salvador, all of which have terminated longstanding and productive diplomatic relationships with Taiwan and granted diplomatic recognition to the People's Republic of China. (14) The Government of the People's Republic of China— (A) announced a $1,100,000,000 construction project in Panama on the day that Panama switched from recognizing Taiwan to recognizing the People’s Republic of China as the government of China; and (B) similarly offered assistance packages to the Dominican Republic and El Salvador in 2018 in exchange for those countries ceasing their diplomatic recognition of Taiwan. (15) Taiwan's international engagement has faced increased resistance from the Government of the People's Republic of China, which has used its influence to deny Taiwan's invitations to multilateral fora. For example, Taiwan was not invited to the 2016 Assembly of the International Civil Aviation Organization (ICAO), despite participating as a guest at ICAO's 2013 summit. Taiwan's requests to participate in the General Assembly of the International Criminal Police Organization (commonly known as INTERPOL ) were also rejected. (16) Taiwan's inclusion in multilateral organizations, such as the Inter-American Development Bank, advances peace and stability in the world and in the Western Hemisphere specifically. (17) Congress has demonstrated a longstanding policy of supporting Taiwan's participation in international bodies that address shared transnational challenges by— (A) authorizing the Secretary of State, in Public Law 106–137 , Public Law 107–10 , and Public Law 108–235 , to initiate a United States plan for supporting Taiwan's participation as an observer in the activities of the World Health Organization; (B) directing the Secretary of State, in Public Law 113–17 , to report on a strategy to obtain observer status for Taiwan at the International Civil Aviation Organization Assembly; and (C) directing the Secretary of State, in Public Law 114–139 , to develop a strategy to obtain observer status for Taiwan at the INTERPOL Assembly. (18) Despite these efforts, Taiwan has not received an invitation to attend as an observer any of the events of the international organizations referred to in paragraph (17) since 2016. (b) Sense of congress It is the sense of Congress that— (1) the United States fully supports Taiwan's participation in, and contribution to, international organizations and underscores the importance of the relationship between Taiwan and the United States; (2) diversifying the Inter-American Development Bank's donor base and increasing ally engagement in the Western Hemisphere reinforces United States national interests; (3) Taiwan's significant contribution to the development and economies of Latin America and the Caribbean demonstrate that Taiwan's membership in the Inter-American Development Bank as a non-borrowing member would benefit the Bank and the entire Latin American and Caribbean region; and (4) non-borrowing membership in the Inter-American Development Bank would allow Taiwan to substantially leverage and channel the immense resources Taiwan already provides to Latin America and the Caribbean to reach a larger number of beneficiaries. (c) Plan for the participation of taiwan in the inter-American development bank The Secretary of State, in coordination with the Secretary of the Treasury, is authorized— (1) to initiate a United States plan to endorse non-borrowing membership in the Inter-American Development Bank for Taiwan; and (2) to instruct the United States Governor of the Bank to work with the Board of Governors of the Bank to admit Taiwan as a non-borrowing member of the Bank. (d) Report concerning member state status for taiwan at the Inter-American Development Bank Not later than 90 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter, the Secretary of State, in coordination with the Secretary of the Treasury, shall submit an unclassified report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— (1) describes the United States plan to endorse and obtain non-borrowing membership status for Taiwan at the Inter-American Development Bank; (2) includes an account of the efforts that the Secretary of State and the Secretary of the Treasury have made to encourage member states of the Bank to promote Taiwan's bid to obtain non-borrowing membership at the Bank; and (3) identifies the steps that the Secretary of State and the Secretary of the Treasury will take to endorse and obtain non-borrowing membership status for Taiwan at the Bank in the following year. 236. Increased United States cooperation with Asia-Pacific Economic Cooperation The Secretary of State shall pursue the following objectives at the Asia-Pacific Economic Cooperation forum: (1) Improving efficiency in supply chains, particularly semi-conductor supply chains. (2) Encouraging continued public-private dialogues with policymakers and promoting a common set of technology standards, including the possibility of a digital trade agreement. (3) Promoting the development and use of policy recommendations for governments to support research and development of clean energy (both renewable and non-renewable) and adopting robust clean energy standards. (4) Advancing cooperation that reduces barriers to cross-border investment into emerging and growing markets. (5) Improving cybersecurity in the Asia-Pacific region and developing tools for governments to combat cyber threats, including ransomware, disinformation, and cyber hacks. E Resilience 241. Sense of Congress regarding United States leadership in recovery and resiliency It is the sense of Congress that the United States must exercise leadership in the international community’s response to the COVID–19 pandemic regarding public health and economic recovery and resiliency, including by— (1) leveraging multilateral fora, such as the Group of Seven (G7) and the Group of Twenty (G20), which constitute more than 30 percent and 70 percent of the global economy, respectively, to coordinate an effective international response to persistent economic issues related to supply chains, inflation, and inequality; (2) revitalizing the United Nations and its associated institutions to coordinate and facilitate international initiatives that— (A) promote global health and economic security; and (B) build resilience to present and forecasted shocks and stresses that impede economic growth or trigger, contribute to, result in, or cause backsliding; (3) empowering like-minded allies and partners to leverage their respective strengths and assume greater responsibilities in such international fora and institutions; (4) continuing to fund and finance international initiatives, such as COVAX, to provide and distribute life-saving vaccinations and medical treatments for COVID–19; (5) promoting an equitable international economic recovery that promotes building developing countries’ resilience capacities to address enduring disparities and challenges facing lower and middle income countries in addition to more recent challenges related to high-levels of global inflation and market volatility; and (6) supporting an impartial, independent, and international investigation into the origins of the COVID–19 pandemic to derive lessons learned and prevent similar international disasters in the future. 242. Sense of Congress regarding improving resilience capacities through foreign assistance It is the sense of Congress that United States foreign assistance and development finance must better suit its foreign assistance and development finance institutions to improve global resilience capacities and mitigate the harmful effects of international shocks and stresses, including by— (1) equipping people, institutions, and international systems with the tools and resources necessary to avoid, cope with, and recover from modern threats, such as pandemic diseases, climate change, and extreme weather, cybersecurity compromises, and supply chain disruptions; (2) partnering with other countries to better assess their vulnerabilities and risks to international shocks and identifying sustainable strategies for mitigating risk and improving resilience; (3) prioritizing funding for foreign assistance and development finance initiatives that seek to prevent, respond and reduce risks of international shocks; (4) expanding foreign capacity building initiatives in law enforcement, public health, cybersecurity, food and energy security; (5) strengthening institutions that facilitate economic cooperation and transparency in times of international crisis and uncertainty; and (6) providing support for countries to strengthen domestic resource mobilization and access to effective and equitable development finance in order to reduce dependence on foreign assistance. 243. Office of Economic Resiliency Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) by redesignating subsection (h) (as added by section 361 of Public Law 116–260 ) as subsection (k); and (2) by adding at the end the following: (l) Office of Economic Resiliency (1) In general There is established, within the Bureau of Economic and Business Affairs of the Department of State, the Office of Economic Resiliency (in this subsection referred to as the Office ). (2) Function The Office, under the direction of the Assistant Secretary for the Bureau of Economic and Business Affairs, shall lead United States’ efforts to develop and implement credible national action plans with partner countries aimed at detecting, understanding, preventing impacts of, and responding to present and forecasted shocks and stresses that are destabilizing to countries' national security and economic growth, including epidemics, pandemics, natural disasters, and other destabilizing events. . 244. Establishment of Resilience Trust Fund at the World Bank The United States Executive Director to the World Bank shall use the voice and vote of the United States to advocate for the establishment of a multi-donor trust fund to incentivize countries to develop and implement credible national action plans aimed at preventing, detecting, and responding to epidemics, pandemics, and other global destabilizing events. | https://www.govinfo.gov/content/pkg/BILLS-117s4112is/xml/BILLS-117s4112is.xml |
117-s-4113 | II 117th CONGRESS 2d Session S. 4113 IN THE SENATE OF THE UNITED STATES April 28, 2022 Ms. Hirono (for herself, Mr. Booker , Mrs. Gillibrand , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide for the independent investigation and prosecution of sexual harassment under the Uniform Code of Military Justice, and for other purposes.
1. Short title This Act may be cited as the Sexual Harassment Independent Investigations and Prosecution Act . 2. Inclusion of sexual harassment in offenses subject to authority of special trial counsel (a) Definition of covered offense Section 801(17)(A) of title 10, United States Code (article 1(17)(A) of the Uniform Code of Military Justice), as added by section 533 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ), is amended— (1) by striking or ; and (2) by striking of this title and inserting , or the standalone offense of sexual harassment punishable under section 934 (article 134) of this title . (b) Effective date The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by section 533 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) as provided in section 539C of that Act. 3. Independent investigation of sexual harassment (a) Definitions Section 1561 of title 10, United States Code, as amended by section 543 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ), is amended— (1) in subsection (a)— (A) by striking or Space Force and inserting Space Force, or Coast Guard ; and (B) by inserting or the Department of Homeland Security (in the case of a matter involving the Coast Guard when not operating as a service in the Navy) after Department of Defense ; and (2) by amending subsection (e) to read as follows: (e) Definitions In this section: (1) The term independent investigator means a member of the armed forces or a civilian employee of the Department of Defense or the Department of Homeland Security (in the case of a matter involving the Coast Guard when not operating as a service in the Navy) who— (A) is outside the chain of command of the complainant and the subject of the investigation; and (B) is trained in the investigation of sexual harassment, as determined by— (i) the Secretary concerned, in the case of a member of the armed forces; (ii) the Secretary of Defense, in the case of a civilian employee of the Department of Defense; or (iii) the Secretary of Homeland Security, in the case of a civilian employee of the Department of Homeland Security. (2) The term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article). . (b) Effective date The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by section 543 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) as provided in subsection (c) of that section. | https://www.govinfo.gov/content/pkg/BILLS-117s4113is/xml/BILLS-117s4113is.xml |
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