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117-s-4114 | II 117th CONGRESS 2d Session S. 4114 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. King (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend Public Law 99–420 to provide for the conveyance of certain Federal land in the State of Maine for use for affordable workforce housing, and for other purposes.
1. Conveyance of certain Federal land in Maine for affordable workforce housing Section 102(f) of Public Law 99–420 ( 16 U.S.C. 341 note) is amended by striking which so desires in the first sentence and all that follows through the period at the end of paragraph (2) and inserting the following: that requests the conveyance of the land for affordable workforce housing, subject to the limitation that the Secretary may retain not more than 15 acres of the Federal land identified as ‘4DBH’ on the map, to be used by the Secretary to provide housing and administrative facilities for the use of, and supporting the purposes of, the Park. . | https://www.govinfo.gov/content/pkg/BILLS-117s4114is/xml/BILLS-117s4114is.xml |
117-s-4115 | II 117th CONGRESS 2d Session S. 4115 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Toomey (for himself, Mr. Crapo , Mr. Portman , Mr. Risch , Mr. Rubio , Mr. Braun , Mr. Wicker , Mr. Lankford , Mr. Cruz , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending.
1. Short title This Act may be cited as the Fairness for Crime Victims Act of 2022 . 2. Point of order against certain changes in mandatory programs affecting the Crime Victims Fund (a) Findings Congress finds that— (1) the Crime Victims Fund was created in 1984, with the support of overwhelming bipartisan majorities in the House of Representatives and the Senate and the support of President Ronald Reagan, who signed the Victims of Crime Act of 1984 ( Public Law 98–473 ) into law; (2) the Crime Victims Fund was created based on the principle that funds the Federal Government collects from those convicted of crime should be used to aid those who have been victimized by crime; (3) the Crime Victims Fund is funded from fines, penalties, and forfeited bonds in Federal court and private donations; (4) the Crime Victims Fund receives no taxpayer dollars; (5) Federal law provides that funds deposited into the Crime Victims Fund shall be used to provide services to victims of crime in accordance with the Victims of Crime Act of 1984; (6) the Victims of Crime Act of 1984 gives priority to victims of child abuse, sexual assault, and domestic violence; (7) since fiscal year 2000, Congress has been accounting for funds collected by the Crime Victims Fund, but not disbursing the full amount provided for under the Victims of Crime Act of 1984; (8) over $10,000,000,000 has been withheld from victims of child abuse, sexual assault, domestic violence, and other crimes; (9) from fiscal year 2010 through fiscal year 2014, the Crime Victims Fund collected $12,000,000,000, but Congress disbursed only $3,600,000,000 (or 30 percent) to victims of crime; (10) since fiscal year 2015, Congress has increased disbursals from the Crime Victims Fund to victims of crime, but a permanent solution is necessary to ensure consistent disbursals to victims of crime who rely on these funds every year; (11) under budget rules, Congress represents that the money it has already spent in prior years is still in the Crime Victims Fund and available for victims of crime; (12) it is time to restore fairness to crime victims; and (13) funds collected by the Crime Victims Fund should be used for services to and compensation of crime victims in accordance with the Victims of Crime Act of 1984. (b) Amendment 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 Additional limitations on budgetary and appropriations legislation 441. Point of order against changes in mandatory programs affecting the Crime Victims Fund (a) Definitions In this section— (1) the term CHIMP means a provision that— (A) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 902 ) (as in effect prior to September 30, 2002) if the provision was included in legislation other than an appropriation Act; and (B) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget; (2) the term Crime Victims Fund means the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101 ); and (3) the term 3-year average amount means the annual average amount that was deposited into the Crime Victims Fund during the 3-fiscal-year period beginning on October 1 of the fourth fiscal year before the fiscal year to which a CHIMP affecting the Crime Victims Fund applies. (b) Point of order in the Senate (1) Point of order (A) In general Except as provided in subparagraph (C), in the Senate, it shall not be in order to consider a provision in a bill or joint resolution making appropriations for all or a portion of a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, that contains a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. (B) Point of order sustained If a point of order is made by a Senator against a provision described in subparagraph (A), 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. (C) Limitation A point of order shall not lie in the Senate under this paragraph if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. (2) Form of the point of order A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). (3) 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 paragraph (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. (4) Supermajority waiver and appeal In the Senate, this subsection 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 subsection. (5) Determination For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. (c) Point of order in the House of Representatives (1) In general (A) Point of order Except as provided in subparagraph (B), a provision in a bill or joint resolution making appropriations for a fiscal year that proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount shall not be in order in the House of Representatives. (B) Limitation Subparagraph (A) shall not apply if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. (2) Amendments and conference reports It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. (3) Determination For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives. . (c) Technical and conforming amendment The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: PART C—Additional limitations on budgetary and appropriations legislation Sec. 441. Point of order against changes in mandatory programs affecting the Crime Victims Fund. . | https://www.govinfo.gov/content/pkg/BILLS-117s4115is/xml/BILLS-117s4115is.xml |
117-s-4116 | II 117th CONGRESS 2d Session S. 4116 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Grassley (for himself, Mr. Lee , Mr. Wicker , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish appropriate penalties for cocaine-related offenses, and for other purposes.
1. Short title This Act may be cited as the Start Making Adjustments and Require Transparency in Cocaine Sentencing Act or the SMART Cocaine Sentencing Act . 2. Penalties for cocaine-related offenses (a) In general (1) Controlled substances act Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) ) is amended— (A) in subparagraph (A)— (i) in clause (ii), in the matter preceding subclause (I), by striking 5 kilograms and inserting 4 kilograms ; and (ii) in clause (iii), by striking 280 grams and inserting 1,600 grams ; and (B) in subparagraph (B)— (i) in clause (ii), in the matter preceding subclause (I), by striking 500 grams and inserting 400 grams ; and (ii) in clause (iii), by striking 28 grams and inserting 160 grams . (2) Controlled substances import and export act Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended— (A) in paragraph (1)— (i) in subparagraph (B), in the matter preceding clause (i), by striking 5 kilograms and inserting 4 kilograms ; (ii) in subparagraph (C), by striking 280 grams and inserting 1,600 grams ; and (iii) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (B) in paragraph (2)— (i) in subparagraph (B), in the matter preceding clause (i), by striking 500 grams and inserting 400 grams ; (ii) in subparagraph (C), by striking 28 grams and inserting 160 grams ; and (iii) in subparagraph (H), by striking the period at the end and inserting a semicolon. (b) Attorney General certification (1) In general For a defendant sentenced before the date of enactment of this Act, the Attorney General shall submit to the court that sentenced the defendant a certification regarding whether, in the opinion of the Attorney General, the sentence of the defendant should be reduced, as if the amendments made by subsection (a) were in effect at the time the offense was committed. In making a certification under this paragraph, the Attorney General shall consider the factors in section 3553(a) of title 18, United States Code. (2) Resentencing If the Attorney General submits a certification under paragraph (1) indicating that, in the opinion of the Attorney General, the sentence of the defendant should be reduced, as if the amendments made by subsection (a) were in effect at the time the offense was committed, the court that imposed the sentence of the defendant may impose such a reduced sentence. 3. Federal research (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General, in coordination with the Administrator of the Drug Enforcement Administration and the Secretary of Health and Human Services, shall review and submit to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives a report on— (1) the average individual dosage amount of both powder cocaine and cocaine base; (2) the lethality of both powder cocaine and cocaine base as measured by individual dosage; (3) the impact on lethality that polysubstance use, specifically as to synthetic drugs such as fentanyl and fentanyl-related substances, has on both powder cocaine and cocaine base users; (4) the addictiveness of both powder cocaine and cocaine base; (5) the violence attributed to or associated with both powder cocaine and cocaine base, which may include but is not limited to, criminal charges, statutory enhancements, criminal history, and recidivism data; and (6) the impact on addictiveness that polysubstance use, specifically as to synthetic drugs such as fentanyl and fentanyl-related substances, has on both powder cocaine and cocaine base users. (b) Report by United States sentencing commission (1) In general Not later than 1 year after the date of enactment of this Act, the United States Sentencing Commission shall submit to Congress and publicly issue a report regarding cocaine offenses and offenders. (2) Contents The report under paragraph (1) shall include— (A) an analysis of data available to the Commission on Federal cocaine offenses and offenders; (B) an updated description of the forms of cocaine, methods of use, effects, dependency potential, effects of prenatal exposure, and prevalence of cocaine use; (C) an updated description of trends in cocaine trafficking patterns, price, and use; (D) a review of State sentencing policies and an examination of the interaction of State penalties with Federal prosecutorial decisions; (E) a review of recent Federal case law developments relating to Federal cocaine sentencing; and (F) recommendations to Congress. | https://www.govinfo.gov/content/pkg/BILLS-117s4116is/xml/BILLS-117s4116is.xml |
117-s-4117 | II 117th CONGRESS 2d Session S. 4117 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Luján (for himself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To make available additional frequencies in the 3.1–3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes.
1. Short title This Act may be cited as the Spectrum Innovation Act of 2022 . 2. Spectrum auctions and innovation (a) Definitions In this section: (1) Assistant secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (2) Commission The term Commission means the Federal Communications Commission. (3) Covered band The term covered band means the band of frequencies between 3100 megahertz and 3450 megahertz, inclusive. (4) Federal entity The term Federal entity has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(l) ). (5) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Armed Services of the House of Representatives. (6) Secretary The term Secretary means the Secretary of Commerce. (b) 3.1–3.45 GHz band (1) Pipeline funding (A) In general Immediately following the approval under subparagraph (E) of subsection (g)(2) of section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 ) of a plan submitted under subparagraph (D)(i)(I) of such subsection by a Federal entity with operations in the covered band, the Director of the Office of Management and Budget shall transfer to such Federal entity from the Spectrum Relocation Fund established under such section $50,000,000 for such Federal entity to carry out activities described in subparagraph (A) of such subsection in order to make available the entire covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, including by making available— (i) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (ii) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). (B) Exemption Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2)(D)(ii) ) shall not apply with respect to the payment required under subparagraph (A). (C) Oversight The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). (D) Report to secretary of commerce and congress Not later than 18 months after the date of enactment of this Act, for the purposes of aiding the Secretary in making the identification under paragraph (2), and informed by the activities carried out using a payment under subparagraph (A), any Federal entity receiving such a payment, in consultation with the Assistant Secretary and the Executive Office of the President, shall submit to the Secretary and the relevant congressional committees a report that— (i) contains the findings of the activities carried out using such payment; and (ii) recommends— (I) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (II) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). (2) Identification Not later than 2 years after the date of enactment of this Act, informed by the activities carried out using a payment under paragraph (1)(A) and the report required under paragraph (1)(D), the Secretary, in consultation with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and the Commission, shall submit to the President, the Commission, and the relevant congressional committees a report that— (A) identifies for inclusion in a system of competitive bidding under paragraph (3) at least 200 megahertz of frequencies in the covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof; and (B) identifies additional frequencies in the covered band that could be made available for non-Federal use, shared Federal and non-Federal use, or a combination thereof. (3) Auction (A) In general Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. (B) Prohibition No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ) may participate in the system of competitive bidding required under subparagraph (A). (C) Scope The Commission may not include in the system of competitive bidding required under subparagraph (A) any frequencies that are not in the covered band. (4) Modification or withdrawal (A) In general The President shall modify or withdraw any assignment to a Federal Government station of the frequencies identified under paragraph (2)(A) to accommodate non-Federal use, shared Federal and non-Federal use, or a combination thereof in accordance with that paragraph. (B) Limitations The President may not modify or withdraw any assignment to a Federal Government station, as described in subparagraph (A)— (i) unless the President determines that such modification or withdrawal will not compromise the primary mission of a Federal entity operating in the covered band; or (ii) before November 30, 2024. (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) ). (6) Rules authorizing additional use of spectrum in covered band Not later than 4 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall adopt rules that authorize the use of spectrum in the covered band identified under paragraph (2)(B) for non-Federal use, shared Federal and non-Federal use, or a combination thereof. (c) FCC auction authority (1) Termination Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) ) is amended by striking 2025 and all that follows and inserting 2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2022 , such authority shall expire on the date that is 7 years after the date of enactment of that Act. . (2) Spectrum Pipeline Act of 2015 Section 1004 of the Spectrum Pipeline Act of 2015 ( 47 U.S.C. 921 note; Public Law 114–74 ) is amended— (A) in subsection (a), by striking 2022 and inserting 2024 ; and (B) in subsection (b)(1), by striking 2022 and inserting 2024 . (d) Repeal Section 90008 of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 921 note; Public Law 117–58 ), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s4117is/xml/BILLS-117s4117is.xml |
117-s-4118 | II 117th CONGRESS 2d Session S. 4118 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Brown (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Cooperative Forestry Assistance Act of 1978 to provide States and communities with additional assistance to plant and maintain trees, and for other purposes.
1. Short title This Act may be cited as the Neighborhood Tree Act of 2022 . 2. Findings Congress finds that— (1) the presence of a healthy and well-maintained urban forest can— (A) support— (i) the physical and mental health of community residents; (ii) the regulation of air quality; (iii) the mitigation of the urban heat island effect; (iv) the reduction of energy demand; and (v) stormwater management; and (B) provide other benefits; (2) according to research of the Forest Service, the estimated value of benefits described in paragraph (1) exceeds $18,000,000,000; (3) the maintenance and management of an urban forest offers additional opportunities relating to workforce development, job creation, and enhancement of property values; (4) urban forest canopy cover is inequitably distributed among racial groups and income levels, exacerbating disparities in exposure, for example, to the urban heat island effect and in related health risks or financial burdens relating to cooling; (5) the effects of historical discriminatory policies, such as redlining, continue to have effects on urban environments; (6) a recent analysis shows that— (A) urbanized neighborhoods with mostly people of color have 33 percent less tree canopy on average than majority white neighborhoods; and (B) low-income neighborhoods have 41 percent less tree cover than neighborhoods with low rates of poverty; (7) additional analyses of cities in the United States found that— (A) communities primarily inhabited by United States-born, white populations contain more than twice the urban forest canopy cover of communities primarily inhabited by racial and ethnic minorities; and (B) there were elevated land temperatures in formerly redlined areas compared to their nonredlined counterparts, by an average 2.6 degrees Celsius and up to 7 degrees Celsius; and (8) to reduce disparities in the enjoyment of the social, environmental, and economic benefits of healthy and well-maintained urban forests and manage risks relating to heat exposure and other urban stressors, the Federal Government should accelerate actions to enhance the health and resilience of urban forests, with investment in priority communities. 3. Neighborhood Tree Fund Section 9 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2105 ) is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: (h) Neighborhood Tree Fund (1) In general Consistent with the purposes described in subsection (b), the Secretary shall establish the Neighborhood Tree Fund (referred to in this subsection as the Fund ). (2) Assistance The Secretary shall use amounts from the Fund to provide assistance to eligible entities described in paragraph (3) to increase and improve the overall health of the tree canopy in a community. (3) Eligibility An entity that is eligible to receive assistance under paragraph (2) is— (A) a State; (B) an Indian Tribe; and (C) a local unit of government, approved organization, or local community tree volunteer group described in subsection (b)(4). (4) Requirements The Secretary, in consultation with the Secretary of Housing and Urban Development, shall establish requirements for the receipt of assistance under paragraph (2), including requirements with respect to— (A) engagement with communities and stakeholders; (B) the conduct of a tree canopy assessment; (C) the use of climate change science in the design of a project using the assistance; (D) the conduct of site preparation and tree species selection; and (E) the conduct of monitoring and maintenance to ensure the successful establishment of the tree canopy. (5) Priority The Secretary shall give priority to the provision of assistance under paragraph (2) to eligible entities that propose projects that— (A) include and prioritize tree planting and tree maintenance in— (i) a census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018, including such a census tract that includes an area that was designated as hazardous or definitely declining in maps drawn by the Home Owners’ Loan Corporation; or (ii) a community or neighborhood with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding communities or neighborhoods, as determined by the Secretary, based on publicly available information; or (B) optimize outcomes for climate mitigation and resilience for the purpose of public health, as determined by the Secretary. (6) Limitations on use of amounts for community tree assessments Not more than 10 percent of the amount made available under paragraph (7) for a fiscal year may be used for the development of community tree assessments. (7) Authorization of appropriations There are authorized to be appropriated for deposit into the Fund, for use by the Secretary to carry out this subsection, not less than— (A) $100,000,000 for fiscal year 2023; (B) $200,000,000 for fiscal year 2024; (C) $400,000,000 for fiscal year 2025; (D) $600,000,000 for fiscal year 2026; and (E) $700,000,000 for fiscal year 2027. . 4. National Urban and Community Forestry Advisory Council composition Section 9(g)(2)(A) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2105(g)(2)(A) ) is amended— (1) in the matter preceding clause (i), by striking 15 and inserting 16 ; (2) in each of clauses (i) through (viii), by striking the comma at the end and inserting a period; (3) in clause (ix), by striking , and at the end and inserting a period; and (4) by striking clause (x) and inserting the following: (x) 3 members who are not officers or employees of any governmental body and who have expertise and have been active in urban and community forestry, of whom— (I) 1 is a resident of a community with a population of less than 50,000 as of the most recent census; and (II) 1 is a resident of a low-income community, as determined by the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-117s4118is/xml/BILLS-117s4118is.xml |
117-s-4119 | II 117th CONGRESS 2d Session S. 4119 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Lee (for himself, Mr. Crapo , Mr. Luján , Mr. Heinrich , Ms. Sinema , Mr. Kelly , Mr. Risch , Ms. Rosen , Ms. Cortez Masto , Ms. Lummis , Mr. Romney , Mr. Booker , and Mr. Hickenlooper ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To reauthorize the Radiation Exposure Compensation Act.
1. Short title This Act may be cited as the RECA Extension Act of 2022 . 2. Reauthorization of the Radiation Exposure Compensation Act (a) In general Section 3(d) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended— (1) by striking the first sentence and inserting The Fund shall terminate on the date that is 2 years after the date of enactment of the RECA Extension Act of 2022 . ; and (2) by striking 22-year period and inserting 2-year period . (b) Limitation on claims Section 8(a) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended by striking within 22 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000 and inserting not later than 2 years after the date of enactment of the RECA Extension Act of 2022 . | https://www.govinfo.gov/content/pkg/BILLS-117s4119cps/xml/BILLS-117s4119cps.xml |
117-s-4120 | II 117th CONGRESS 2d Session S. 4120 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Reed (for himself, Mrs. Capito , Mr. Van Hollen , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To maximize discovery, and accelerate development and availability, of promising childhood cancer treatments, and for other purposes.
1. Short title This Act may be cited as the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022 or the Childhood Cancer STAR Reauthorization Act . 2. Reauthorizing and improving the Childhood STAR Act (a) Children's cancer biorepositories Section 417E of the Public Health Service Act ( 42 U.S.C. 285a–11 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(A), by inserting before the period at the end of the second sentence the following: , and providing sample collection incentives for both solid tumor cancer and paired tissues for all pediatric cancers ; (B) in paragraph (9), by striking Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 and inserting Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022 ; (C) by redesignating paragraph (10) as paragraph (11); and (D) by inserting after paragraph (9) the following: (10) Report on researcher access to children's cancer biorepository samples The Director of NIH shall, not later than 2 years after the date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022 , submit to Congress a report on policy changes that would facilitate streamlining the approval process for researcher access to children's cancer biorepository samples, with a special focus on lowering the regulatory burden before samples can be sent to investigators. ; and (2) in subsection (d), by striking 2019 through 2023 and inserting 2024 through 2028 . (b) Cancer survivorship programs Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 ( Public Law 115–180 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking may make awards and inserting shall make awards ; and (B) by adding at the end the following: (4) Consideration In developing, studying, and evaluating model systems pursuant to this subsection, recipients of awards under this subsection shall give particular consideration to the report issued by the Agency for Healthcare Research and Quality in February 2022, titled Models of Care That Include Primary Care for Adult Survivors of Childhood Cancer: A Realist Review . ; and (2) in subsection (b), in paragraphs (1) and (2), by striking date of enactment of this Act each place it appears and inserting date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022 . (c) Survivorship electronic health records The Secretary of Health and Human Services shall coordinate with the Office of the National Coordinator for Health Information to prepare a report on the role that tailored survivorship electronic health records can play in life-long health care for childhood cancer survivors, with a special focus on survivors who face unique lifelong health needs and late effects as they transition to primary care. Such report shall be submitted to Congress not later than 2 years after the date of enactment of this Act. (d) Sense of Congress regarding the creation of a childhood cancer medical code It is the sense of Congress that the National Center for Health Statistics at the Centers for Disease Control and Prevention and the Centers for Medicare & Medicaid Services should consider adding a new Childhood Cancer Code to the International Classification of Diseases (ICD) system for the purpose of facilitating access to existing insurance coverage of childhood cancer patients and survivors, as appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s4120is/xml/BILLS-117s4120is.xml |
117-s-4121 | II 117th CONGRESS 2d Session S. 4121 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 Energy and Natural Resources A BILL To designate the Kol Israel Foundation Holocaust Memorial in Bedford Heights, Ohio, as a national memorial.
1. Designation of the Kol Israel Foundation Holocaust Memorial as a national memorial (a) Congressional recognition Congress— (1) recognizes the significance of the Kol Israel Foundation Holocaust Memorial in preserving the memory of the 6,000,000 Jews murdered by the Nazi regime and allies and collaborators of the Nazi regime; and (2) honors the life and legacy of the Holocaust survivors who erected the Kol Israel Foundation Holocaust Memorial. (b) Designation (1) In general The Kol Israel Foundation Holocaust Memorial located in Bedford Heights, Ohio, is designated as a national memorial. (2) Effect of designation (A) In general The national memorial designated by paragraph (1) is not a unit of the National Park System. (B) Use of federal funds The designation of the national memorial by paragraph (1) shall not require or permit Federal funds to be expended for any purpose relating to the national memorial. | https://www.govinfo.gov/content/pkg/BILLS-117s4121is/xml/BILLS-117s4121is.xml |
117-s-4122 | II 117th CONGRESS 2d Session S. 4122 IN THE SENATE OF THE UNITED STATES May 2, 2022 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of the Housatonic River in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes.
1. Short title This Act may be cited as the Housatonic Wild and Scenic River Act of 2022 . 2. Housatonic Wild and Scenic River, Connecticut (a) Amendments to Wild and Scenic Rivers Act Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (231) Housatonic River, Connecticut (A) In general The following segments of the Housatonic River in the State of Connecticut, to be administered by the Secretary of the Interior: (i) The approximately 14.9-mile segment from the Massachusetts-Connecticut boundary to the covered bridge in West Cornwall, as a scenic river. (ii) The approximately 4.1-mile segment from the covered bridge in West Cornwall to the Cornwall Bridge, as a recreational river. (iii) The approximately 9.1-mile segment from the Cornwall Bridge to the Route 341 bridge in Kent, as a scenic river. (iv) The approximately 12.2-mile segment from the Route 341 bridge in Kent to the Boardman Bridge in New Milford, as a recreational river. (B) Effects on hydroelectric facilities The designation of the river segments in subparagraph (A) shall not— (i) impact or alter the existing terms of permitting, licensing, or operation of— (I) the Falls Village Hydroelectric Generating Station located in Falls Village, Connecticut (FERC P–2576); or (II) the Bulls Bridge Hydroelectric Generating Station located in New Milford, Connecticut (FERC P–2576); or (ii) preclude the Federal Energy Regulatory Commission from licensing, relicensing, or otherwise authorizing the operation or continued operation of the facilities named in clause (i). . (b) Management (1) Process The Housatonic River segments shall be managed in accordance with— (A) the Management Plan; and (B) such amendments to the Management Plan as the Secretary determines are consistent with this Act and the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ). (2) Comprehensive management plan The Management Plan shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ). (3) Cooperative management (A) In general To provide for long-term protection, preservation, and enhancement of the Housatonic River segments, the Secretary shall coordinate management responsibilities under this Act, and may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(e) and 1282(b)(1)), with— (i) the State of Connecticut; (ii) the towns of Sharon, Canaan, Cornwall, Salisbury, New Milford, Kent, and North Canaan, Connecticut; and (iii) appropriate planning, environmental, and recreational organizations, including— (I) local, regional, State, and multistate organizations; and (II) any other appropriate organizations, as determined by the Housatonic River Commission, or its successor organization, as defined in the Management Plan. (B) Cooperative agreements Each cooperative agreement entered into under this paragraph shall be consistent with the Management Plan and may include provisions for financial or other assistance from the United States. (4) Zoning ordinances For the purposes of the Housatonic River segments, the zoning ordinances adopted by the municipalities named in paragraph (3)(A)(ii) shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) ). (5) Acquisition of lands The authority of the Secretary to acquire lands for the Housatonic River segments shall be— (A) limited to acquisition by donation or acquisition with the consent of the owner thereof; and (B) subject to the additional criteria set forth in the Management Plan. (6) No condemnation No land or interest in land may be acquired for the Housatonic River segments by condemnation. (7) Relation to the National Park System Notwithstanding section 10(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(c) ), the Housatonic River segments shall not be— (A) administered as a part or unit of the National Park System; or (B) subject to regulations that govern the National Park System. (8) Definitions In this subsection: (A) Secretary The term Secretary means the Secretary of the Interior. (B) Management Plan The term Management Plan means the Housatonic River Management Plan, dated September 2006. (C) Housatonic River segments The term Housatonic River segments means the river segments designated by the amendments made by section 2(a). | https://www.govinfo.gov/content/pkg/BILLS-117s4122is/xml/BILLS-117s4122is.xml |
117-s-4123 | II 117th CONGRESS 2d Session S. 4123 IN THE SENATE OF THE UNITED STATES May 2, 2022 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require a report on Federal support of the cybersecurity of commercial satellite systems, and for other purposes.
1. Short title This Act may be cited as the Enhancing Satellite Cybersecurity Act . 2. Definition In this Act, the term commercial satellite system means an earth satellite owned and operated by a non-Federal entity. 3. Report on commercial satellite cybersecurity Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress on the actions the Federal Government has taken to support the cybersecurity of commercial satellite systems, which shall include information on— (1) the extent to which Federal agencies are reliant on commercial satellite systems owned wholly or in part or controlled by foreign entities, and how Federal agencies mitigate associated cybersecurity risks; and (2) the extent to which Federal agencies are reliant on commercial satellite systems with physical structures, such as satellite ground control systems, in foreign countries, and how Federal agencies mitigate associated cybersecurity risks. 4. Responsibilities of the cybersecurity and infrastructure security agency (a) In general The Director of the Cybersecurity and Infrastructure Security Agency shall consolidate voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems. (b) Requirements The recommendations consolidated under subsection (a) shall include, to the greatest extent practicable, materials addressing the following: (1) Protection against vulnerabilities posed by ownership of commercial satellite systems or commercial satellite system companies by foreign entities. (2) Protection against vulnerabilities posed by locating physical infrastructure, such as satellite ground control systems, in foreign countries. | https://www.govinfo.gov/content/pkg/BILLS-117s4123is/xml/BILLS-117s4123is.xml |
117-s-4124 | II 117th CONGRESS 2d Session S. 4124 IN THE SENATE OF THE UNITED STATES May 2, 2022 Mr. Cotton (for himself, Mr. Boozman , Mr. Cruz , Mr. Scott of Florida , Mr. Risch , Mr. Marshall , Mr. Crapo , Ms. Lummis , Mr. Rubio , Mr. Lee , Mr. Tillis , Mrs. Hyde-Smith , Mrs. Blackburn , Ms. Ernst , Mr. Kennedy , Mr. Young , Mr. Braun , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the use of Federal funds for the Disinformation Governance Board of the Department of Homeland Security, and for other purposes.
1. Prohibition on use of Federal funds for the Disinformation Governance Board of the Department of Homeland Security Notwithstanding any other provision of law, no Federal funds may be used to establish or support the activities of a Disinformation Governance Board at the Department of Homeland Security, or any other similar entity established in the Department of Homeland Security. | https://www.govinfo.gov/content/pkg/BILLS-117s4124is/xml/BILLS-117s4124is.xml |
117-s-4125 | II 117th CONGRESS 2d Session S. 4125 IN THE SENATE OF THE UNITED STATES May 3, 2022 Mr. Booker (for himself, Mr. Blumenthal , Mr. Brown , Ms. Duckworth , Mr. Heinrich , Mr. Menendez , Mr. Padilla , 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 provide a refundable tax credit for certain teachers as a supplement to State efforts to provide teachers with a livable wage, and for other purposes.
1. Short title This Act may be cited as the Respect, Advancement, and Increasing Support for Educators Act of 2022 or the RAISE Act of 2022 . 2. Refundable teacher tax credit (a) Allowance of tax credit (1) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Teacher tax credit (a) Credit allowed In the case of an individual who is an eligible educator during school years ending with or within the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the sum of— (1) $1,000, plus (2) in the case of an eligible educator who is employed at a qualifying school, the applicable amount. (b) Applicable amount For purposes of subsection (a), the applicable amount is the amount which bears the same ratio (not to exceed one) to $14,000 ($9,000, in the case of any early childhood educator without a bachelor's degree) as— (1) the number of percentage points by which the student poverty ratio for such qualifying school exceeds 39 percent, bears to (2) 36 percentage points. (c) Eligible educator For purposes of this section— (1) In general The term eligible educator means— (A) any elementary or secondary teacher, and (B) any early childhood educator. (2) Elementary or secondary teacher (A) In general The term elementary or secondary teacher means an individual who— (i) is a teacher of record who provides direct classroom teaching (or classroom-type teaching in a nonclassroom setting) in a public elementary school or a public secondary school for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete school year (as determined by the State in which the school is located), (ii) meets the applicable requirements for State certification and licensure in the State in which such school is located in the subject area in which the individual is the teacher of record, and (iii) has met the requirements of clauses (i) and (ii) for a period of not less than 1 year before the first day of the taxable year. (B) Teacher of record For purposes of subparagraph (A), the term teacher of record means a teacher who has been assigned the responsibility for specified pupils’ learning in a grade, subject, or course as reflected on the school’s official record of attendance. (3) Early childhood educator The term early childhood educator means an individual who— (A) has a Child Development Associate credential (or an equivalent credential), or has an associate's degree or higher, (B) meets the applicable requirements for State certification, licensure, or permitting under State law for early childhood education, (C) has primary responsibility for the learning and development of children in an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete program year, as determined by the Secretary of Health and Human Services, and (D) has met the requirements of subparagraphs (A), (B), and (C) for a period of not less than 1 year before the first day of the taxable year. (d) Qualifying school (1) In general The term qualifying school means, with respect to any school year— (A) a public elementary school or a public secondary school that— (i) is in the school district of a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), or (ii) is served by an educational service agency, or a location operated by an educational service agency, that is eligible, for the year in which the determination is made, for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), (B) an elementary school or secondary school that is funded by the Bureau of Indian Education, or (C) an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) that serves children who receive, or are eligible for, services for which financial assistance is provided in accordance with the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (2) ESEA definitions For purposes of this subsection, the terms educational service agency , elementary school , local educational agency , secondary school , and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ). (e) Student poverty ratio (1) In general The term student poverty ratio means— (A) with respect to any qualifying school described in subparagraph (A) or (B) of subsection (d)(1), the ratio (expressed as a percentage) of— (i) the total number of children served at such qualifying school meeting at least one 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) ), to (ii) the total number of children served at such qualifying school, and (B) with respect to any qualifying school described in subsection (d)(1)(C), the ratio (expressed as a percentage) of— (i) the total number of children attending such qualifying school who are eligible for the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ), to (ii) the total number of children attending such qualifying school. (2) Determination of ratio In determining the student poverty ratio with respect to a qualifying school under paragraph (1)(A), the Secretary shall use the same measure of poverty as is used for purposes of determining the allocation of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) with respect to the qualifying school. (f) Inflation adjustment (1) In general In the case of any taxable year beginning after 2022, each of the dollar amounts in subsections (a) and (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2021 for calendar year 2016 . (2) Rounding If any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. . (2) Conforming amendments (A) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Teacher tax credit. . (B) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (C) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (b) Information sharing (1) In General The Secretary of Education shall— (A) collect such information as necessary for purposes of determining whether a school is a qualifying school (as defined in section 36C of the Internal Revenue Code of 1986, as added by subsection (a)) and the appropriate amount of tax credit under such section; and (B) provide such information to the Secretary of the Treasury (or the Secretary's delegate). (2) Information for the Secretary of Education As a condition of receiving Federal funds and if requested by the Secretary of Education, each qualifying school shall collect and submit to the Secretary of Education such information as may be necessary to enable the Secretary of Education to carry out paragraph (1). (c) Supplementation of funds (1) Elementary and Secondary Education A State educational agency or local educational agency (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. )) shall not reduce or adjust any teacher pay or teacher loan forgiveness program due to the eligibility of teachers within the jurisdiction of such agency for the tax credit under section 36C of the Internal Revenue Code of 1986. Each State educational agency and local educational agency (as so defined), upon request by the Secretary of the Treasury, shall demonstrate that the methodology used to allocate teacher pay and teacher loan forgiveness (if applicable) to qualifying schools (as defined in section 36C(d) of such Code) ensures that each such school receives the same State and local funds for teacher compensation it would receive if the credit under such section 36C had not been enacted. (2) Early childhood education An agency or other entity that funds, licenses, or regulates an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) shall not reduce or adjust any teacher pay or teacher loan forgiveness program, or permit such a reduction or adjustment in the early childhood education program, due to the eligibility of teachers within the jurisdiction of such agency for the tax credit under section 36C of the Internal Revenue Code of 1986. Each such agency or entity, upon request by the Secretary of the Treasury, shall demonstrate that the methodology used to allocate teacher pay and teacher loan forgiveness (if applicable) to such early childhood education programs ensures that each such program receives the same State and local funds for teacher compensation it would receive if the credit under such section 36C had not been enacted. (d) Employer limitations (1) Prohibition of use in collective bargaining An employer that engages in collective bargaining with employees who are eligible educators, as defined in section 36C(c) of the Internal Revenue Code of 1986, shall not include the amount of the teacher tax credit under section 36C of such Code in determining the amount of salary or other compensation provided to any employee under the collective bargaining agreement. (2) Prohibition of use as punishment or retribution An employer of an eligible educator, as defined in section 36C of the Internal Revenue Code of 1986, shall not change the work assignment or location of the eligible educator if one of the primary reasons for the change is to— (A) prevent the eligible educator from receiving a teacher tax credit under section 36C of such Code; or (B) reduce the amount of the teacher tax credit that the eligible educator will receive. (3) Enforcement Notwithstanding any other provision of law, the Federal Labor Relations Authority shall have the authority to investigate and enforce any alleged violation of this section in the same manner, and subject to the same procedures, as would apply to an allegation of an unfair labor practice under section 7118 of title 5, United States Code. (4) Definition In this subsection— (A) the term affecting commerce has the meaning given the term in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ); (B) the term employee means an employee of an employer who is employed in a business of an employer that affects commerce; and (C) the term employer means a person, including a State or political subdivision of a State, engaged in a business affecting commerce. (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Increase in and expansion of deduction for expenses of elementary and secondary school teachers (a) Increase (1) In general Subparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended by striking $250 and inserting $500 . (2) Inflation adjustment Section 62(d)(3) of such Code is amended— (A) by striking 2015 and inserting 2022 ; (B) by striking the $250 amount and inserting each of the dollar amounts ; and (C) by striking 2014 in subparagraph (B) thereof and inserting 2021 . (b) Expansion to early childhood educators Section 62(d)(1)(A) of the Internal Revenue Code of 1986 is amended— (1) by striking who is a kindergarten and inserting who is— (i) a kindergarten ; (2) by striking the period at the end and inserting , or ; and (3) by adding at the end the following new subparagraph: (ii) an early childhood educator (as defined in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 )) in an early childhood education program (as defined in section 103 of such Act ( 20 U.S.C. 1003 )) for at least 1,020 hours during a year. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. 4. Mandatory funding to support local educational agencies that maintain or increase teacher salaries Section 2003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6603 ) is amended— (1) in the section heading, by striking Authorization of appropriations and inserting Funding ; and (2) by striking subsection (a) and inserting the following: (a) Appropriations for part A (1) In general There are authorized to be appropriated, and there are appropriated, out of any funds not otherwise appropriated— (A) for fiscal year 2022, $5,200,000,000 to carry out part A; and (B) for fiscal year 2023 and each succeeding fiscal year, the amount appropriated under this paragraph for the preceding year, increased by a percentage equal to the annual percentage increase in the Consumer Price Index for All Urban Consumers published by the Department of Labor for the most recent calendar year. (2) Reservation for teacher salary incentive grants (A) Definitions In this paragraph: (i) Eligible local educational agency The term eligible local educational agency means a local educational agency that, for the preceding school year, maintained or increased the salary schedule for all teachers employed by the local educational agency. (ii) Teacher salary incentive reservation The term teacher salary incentive reservation means, for each fiscal year, the amount that is 20 percent of the amount by which the funds appropriated under paragraph (1) for the fiscal year exceeds $2,200,000,000. (B) In general For each fiscal year for which the total amount appropriated under paragraph (1) is greater than $2,200,000,000, the Secretary shall, after making any reservations under section 2101(a), reserve and use the teacher salary incentive reservation to award grants, based on allotments under subparagraph (C), to eligible local educational agencies for purposes described in subparagraph (E). (C) Allotments An allotment under this subparagraph for a fiscal year to an eligible local educational agency shall bear the same relationship to the teacher salary incentive reservation as the number of children counted under section 1124(c) who are served by the local educational agency bears to the total number of such children counted under such section served by all eligible local educational agencies that submitted an application under subparagraph (D). (D) Application An eligible local educational agency desiring an allotment under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (E) Use of funds A local educational agency receiving an allotment under subparagraph (C) may use the allotment to carry out one or more of the following: (i) Comprehensive teacher or school leader preparation programs described subsection (d), (e), or (f) of section 202 of the Higher Education Act of 1965. (ii) Support for teachers to earn certifications or credentials in high-need fields or advanced credentials, such as certification or credentialing by the National Board for Professional Teaching Standards. (iii) Teacher leadership programs. (iv) Induction or mentoring programs for new teachers, principals, or other school leaders. (v) High-quality research-based professional development. (vi) Other activities approved by the Secretary that— (I) promote and strengthen the teaching profession; (II) attract, retain, and diversify the educator workforce; or (III) advance the skills and efficacy of the educator workforce. (F) Supplement, not supplant A local educational agency receiving an allotment under subparagraph (C) shall use the allotment to supplement, and not supplant, any State funds or efforts to raise teacher pay. . | https://www.govinfo.gov/content/pkg/BILLS-117s4125is/xml/BILLS-117s4125is.xml |
117-s-4126 | II 117th CONGRESS 2d Session S. 4126 IN THE SENATE OF THE UNITED STATES May 3, 2022 Mrs. Capito (for herself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission to establish a vetting process for prospective applicants for high-cost universal service program funding.
1. Short title This Act may be cited as the Rural Broadband Protection Act of 2022 . 2. Vetting process for prospective high-cost universal service fund applicants (a) Definitions In this section— (1) the term Commission means the Federal Communications Commission; (2) the term covered funding means high-cost universal service program funding provided through a competitive award process for the deployment of a broadband-capable network and the provision of supported services over the network; and (3) the term new covered funding award means an award of covered funding that is made based on an application submitted to the Commission on or after the date on which rules are promulgated under subsection (b). (b) FCC rulemaking Not later than 180 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish a vetting process for applicants for, and other recipients of, a new covered funding award. (c) Contents In promulgating rules under subsection (b), the Commission shall provide that— (1) an applicant for a new covered funding award shall include in the initial application a proposal containing sufficient detail and documentation for the Commission to ascertain that the applicant possesses the technical capability, and has a reasonable plan, to deploy the proposed network and deliver services with the relevant performance characteristics defined by the Commission and as pledged by the applicant; (2) the proposal described in paragraph (1) shall include sufficient detail and supporting documentation for the Commission to reasonably ascertain whether the applicant and the technology that the applicant plans to use would have the ability to perform as required given the characteristics of the locations to be served; and (3) the Commission shall evaluate a proposal described in paragraph (1) against reasonable and well-established technical standards, including the technical standards adopted by the Commission in orders of the Commission relating to modernizing the FCC Form 477 Data Program (WC Docket No. 11–10) (or orders of the Commission relating to modernizing any successor collection) for purposes of entities that must report broadband availability coverage. | https://www.govinfo.gov/content/pkg/BILLS-117s4126is/xml/BILLS-117s4126is.xml |
117-s-4127 | II 117th CONGRESS 2d Session S. 4127 IN THE SENATE OF THE UNITED STATES May 3, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to address disclosures by directors, officers, and principal stockholders of foreign private issuers, and for other purposes.
1. Short title This Act may be cited as the Holding Foreign Insiders Accountable Act . 2. Disclosures by directors, officers, and principal stockholders (a) In general Section 16(a)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78p(a)(1) ) is amended by inserting (including any such security of a foreign private issuer, as that term is defined in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation) after pursuant to section 12 . (b) Effect on regulation If any provision of section 240.3a12–3(b) of title 17, Code of Federal Regulations, or any successor regulation, is inconsistent with the amendment made by subsection (a), that provision of such section 240.3a12–3(b) (or such successor) shall have no force or effect. (c) Issuance or amendment of regulations Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations (or amend existing regulations of the Commission) to carry out the amendment made by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4127is/xml/BILLS-117s4127is.xml |
117-s-4128 | II 117th CONGRESS 2d Session S. 4128 IN THE SENATE OF THE UNITED STATES May 3, 2022 Mr. Portman (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Comptroller General of the United States to provide certain information with respect to unimplemented priority recommendations as part of the Comptroller General’s annual reporting to Congress, and for other purposes.
1. Short title This Act may be cited as the Improving Government for America's Taxpayers Act . 2. Government Accountability Office unimplemented priority recommendations The Comptroller General of the United States shall, as part of the Comptroller General’s annual reporting to committees of Congress— (1) consolidate Matters for Congressional Consideration from the Government Accountability Office in one report organized by policy topic that includes the amount of time such Matters have been unimplemented and submit such report to congressional leadership and the oversight committees of each House; (2) with respect to the annual letters sent by the Comptroller General to individual agency heads and relevant congressional committees on the status of unimplemented priority recommendations, identify any additional congressional oversight actions that can help agencies implement such priority recommendations and address any underlying issues relating to such implementation; (3) make publicly available the information described in paragraphs (1) and (2); and (4) publish any known costs of unimplemented priority recommendations, as applicable. | https://www.govinfo.gov/content/pkg/BILLS-117s4128is/xml/BILLS-117s4128is.xml |
117-s-4129 | II 117th CONGRESS 2d Session S. 4129 IN THE SENATE OF THE UNITED STATES May 3, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote peace through strength in Taiwan, and for other purposes.
1. Short title This Act may be cited as the Taiwan Peace through Strength Act of 2022 . 2. Anticipatory policy planning and annual review of United States war plans to defend Taiwan (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall conduct a classified review of United States war plans to defend Taiwan and share the results of the review with the Chairman and Ranking Member of the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. (b) Elements The review conducted under subsection (a) shall include the following elements: (1) An assessment of Taiwan's current and near-term capabilities and United State force readiness and the adequacy of United States conflict contingency plans. (2) A detailed strategy of denial to defend Taiwan against aggression by the People’s Liberation Army, especially an attempted fait accompli to seize and hold the island. (3) A comprehensive assessment of risks to the United States and United States interests, including readiness shortfalls that pose strategic risk. (4) A review of indicators of the near-term likelihood of the use of force by the People's Liberation Army against Taiwan. (5) The compilation of a pre-approved list of military capabilities, including both asymmetric and traditional capabilities selected to suit the operational environment and to allow Taiwan to respond effectively to a variety of contingencies across all phases of conflict involving the People’s Liberation Army, that the Secretary of Defense has pre-cleared for Taiwan to acquire, and that would reduce the threat of conflict, thwart an invasion, and mitigate other risks to the United States and Taiwan. 3. Fast-tracking sales to Taiwan under Foreign Military Sales program (a) Preclearance of certain Foreign Military Sales items (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense and in conjunction with coordinating entities such as the National Disclosure Policy Committee and the Arms Transfer and Technology Release Senior Steering Group, shall compile a list of available and emerging military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Taiwan through the Foreign Military Sales program. The Department of Defense shall serve as the lead Federal agency for purposes of making final determinations when disputes arise between agencies about the appropriateness of specific items for sale to Taiwan. (2) Selection of items (A) In general The items pre-cleared for sale pursuant to paragraph (1) shall represent a full range of key asymmetric capabilities as well as the conventional capabilities informed by United States readiness and risk assessments and determined by Taiwan to be required for various wartime scenarios and peacetime duties, and shall include each item on the list of approved items compiled by the Secretary of Defense pursuant to section 2(b)(5) unless the Secretary of State includes a determination for any excluded item that the costs to the United States of the failure to arm Taiwan with such item, including the likelihood of being drawn into conflict with the People's Republic of China, are less likely to be incurred, and would be less costly if incurred, than the potential costs, such as technology slippage, associated with providing such item. (B) Rule of construction The list compiled pursuant to section 2(b)(5) shall not be construed as limiting the type, timing, or quantity of items that may be requested by, or sold to, Taiwan under the Foreign Military Sales program. (b) Prioritized processing of Foreign Military Sales requests from Taiwan (1) Requirement The Secretary of Defense and the Secretary of State shall prioritize and expedite the processing of requests from Taiwan under the Foreign Military Sales program, and may not delay the processing of requests for bundling purposes. (2) Duration The requirement under paragraph (1) shall continue until the Secretary of Defense determines and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the threat to Taiwan has significantly abated. (3) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 10 years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing steps taken to implement the requirement under paragraph (1). (c) Priority production (1) Requirement Contractors awarded Department of Defense contracts to provide items for sale to Taiwan under the Foreign Military Sales program shall be required, as a condition of receiving such contracts, to expedite and prioritize the production of such items above the production of other items regardless of the order in which contracts were signed. (2) Duration The requirement under paragraph (1) shall continue until the Secretary of Defense determines and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the threat to Taiwan has significantly abated. (3) Annual report Contractors covered under paragraph (1) shall be required to report annually to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on efforts to expedite and prioritize production as required under such paragraph. (d) Interagency policy The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to Foreign Military Sales requests from Taiwan, including incorporating the preclearance and prioritization provisions of this section. 4. Authorization of appropriations for foreign military financing grant assistance to Taiwan (a) Taiwan security programs In addition to amounts otherwise authorized to be appropriated for Foreign Military Financing, there is authorized to be appropriated to the Department of State for the exclusive purpose of Taiwan Foreign Military Finance grant assistance programs $2,000,000,000 for each of fiscal years 2023 to 2032. (b) Restrictions on taiwan foreign military financing Amounts authorized to be appropriated under subsection (a) shall be available only if— (1) Taiwan commits to match the appropriated spending on a dollar-for-dollar basis, as reflected in Taiwan’s annual allocation for defense spending and special budgets passed by the Legislative Yuan for additional defense spending; (2) Taiwan focuses on the acquisition of asymmetric capabilities consistent with a strategy of denial while also modernizing sufficient conventional capabilities to respond to a variety of contingencies across all phases of conflict, including grey zone activities, and execute essential peacetime missions; and (3) the United States and Taiwan formally agree— (A) to conduct joint long-range planning for capability development; and (B) on the expenditure of such amounts and on specific, pre-cleared systems and training that reduce risk to Taiwan and the United States by deterring the People’s Liberation Army. (c) Updated interagency policy and guidance (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall review and update interagency written policy and implementation guidance related to the Taiwan Relations Act ( Public Law 96–8 ). (2) Elements The updated policy and guidance required under paragraph (1) shall— (A) reflect the Foreign Military Sales prioritization requirements under section 3; and (B) update obsolete policy guidance based on arms of a defensive character to a policy based on deterring the People's Liberation Army, including the provision of arms designed to deter an invasion, whether arms of a defensive or offensive nature. 5. Amendments to Taiwan Relations Act (a) Policy Section 2(b)(5) of the Taiwan Relations Act ( 22 U.S.C. 3301(b)(5) ) is amended by striking arms of a defensive character and inserting arms conducive to the deterrence of acts of aggression by the People’s Liberation Army . (b) Provision of defense articles and services Section 3(a) of the Taiwan Relations Act ( 22 U.S.C. 3302(a) ) is amended by striking such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability and inserting such defense articles and defense services in such quantity as may be necessary to enable Taiwan to implement a strategy of denial and deter acts of aggression by the People's Liberation Army . (c) Rule of construction Section 4 of the Taiwan Relations Act ( 22 U.S.C. 3303 ) is amended by adding at the end the following new subsection: (e) Security cooperation and deterrence of use of force by People's Liberation Army Nothing in this Act, nor the facts of the President’s action in extending diplomatic recognition to the People’s Republic of China, the absence of diplomatic relations between the people of Taiwan and the United States, or the lack of formal recognition by the United States, and attendant circumstances thereto, shall be construed to constitute a legal or practical obstacle to any otherwise lawful action of the President or of any United States Government agency that is needed to advance or protect United States interests pertaining to Taiwan, including actions intended to strengthen security cooperation between the United States and Taiwan or to otherwise deter the use of force against Taiwan by the People’s Liberation Army. . 6. Comprehensive training program (a) In general The Secretary of Defense shall establish a comprehensive training program with Taiwan designed to achieve interoperability and improve Taiwan’s defense capabilities. The training program should include joint United States-Taiwan contingency tabletop exercises, war games, full-scale military exercises, and an enduring rotational United States military advisory group large enough to ensure Taiwan maintains force readiness and can fully utilize United States technologies released through the Foreign Military Sales and Foreign Military Financing programs. (b) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 10 years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the establishment and implementation of the comprehensive training program required under subsection (a). 7. Military planning mechanism The Secretary of Defense shall establish a high-level military planning mechanism between the United States and Taiwan to oversee a Joint and Combined Exercise Program and coordinate International Military Education and Training assistance and professional exchanges aimed at determining and coordinating the acquisition of capabilities for both United States and Taiwan military forces to address the needs of currently anticipated and future contingencies. The mechanism may be modeled after the Joint United States Military Advisory Group Thailand, or any such similar existing arrangement, as determined by the Secretary of Defense. 8. Prohibition on doing business in China Any contractor awarded a Department of Defense contract shall be required, as a condition of receiving such contract, not to conduct any business in the People's Republic of China. Noncompliance with such requirement shall be grounds for termination of the contract. | https://www.govinfo.gov/content/pkg/BILLS-117s4129is/xml/BILLS-117s4129is.xml |
117-s-4130 | II 117th CONGRESS 2d Session S. 4130 IN THE SENATE OF THE UNITED STATES May 3, 2022 Mr. Lankford (for himself, Mr. Marshall , Mr. Boozman , Mr. Barrasso , Mr. Young , Mr. Cornyn , Mr. Cruz , Mr. Cotton , Mr. Inhofe , Mr. Tillis , Mr. Cassidy , and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To repeal changes made by health care reform laws to the Medicare exception to the prohibition on certain physician referrals for hospitals, and for other purposes.
1. Short title This Act may be cited as the Patient Access to Higher Quality Health Care Act of 2022 . 2. Repeal of health care reform provisions limiting Medicare exception to the prohibition on certain physician referrals for hospitals Sections 6001 and 10601 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 124 Stat. 684, 1005) and section 1106 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ; 124 Stat. 1049) are repealed and the provisions of law amended by such sections are restored as if such sections had never been enacted. | https://www.govinfo.gov/content/pkg/BILLS-117s4130is/xml/BILLS-117s4130is.xml |
117-s-4131 | II 117th CONGRESS 2d Session S. 4131 IN THE SENATE OF THE UNITED STATES May 3, 2022 Mr. Rubio 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 deny the trade or business expense deduction for the reimbursement of employee costs of child gender transition procedure or travel to obtain an abortion.
1. Short title This Act may be cited as the No Tax Breaks for Radical Corporate Activism Act . 2. Denial of deduction (a) In general Section 162 of the Internal Revenue Code of 1986 is amended by redesignating subsection (s) as subsection (t), and by inserting after subsection (r) the following new subsection: (s) Disallowance of certain expenses relating to abortion or child gender transition (1) In general No deduction shall be allowed under this chapter to an employer for any amount paid or incurred to reimburse an employee for, or to otherwise pay, expenses in connection with— (A) travel for the purpose of obtaining an abortion, or (B) any gender transition procedure for a minor child of the employee. (2) Definitions For purposes of this subsection— (A) Gender transition procedure (i) In general The term gender transition procedure means any medical or surgical service which seeks to alter or remove physiological or anatomical characteristics or features which are typical for the individual's biological sex, or to instill or create physiological or anatomical characteristics which resemble a sex different from the individual's birth sex, for the purpose of gender transition, including— (I) physician's services and inpatient and outpatient hospital services, including gender transition surgery, and (II) prescribed drugs related to gender transition, including puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features (in the opposite sex). (ii) Exceptions Such term does not include— (I) services for treatment of a medically-verifiable disorder of sex development, including— (aa) external biological sex characteristics which are irresolvably ambiguous, such as presence of 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or both ovarian and testicular tissue, or (bb) other physician-diagnosed disorder of sexual development, with respect to which the physician has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a biological male or biological female, or (II) treatment of any infection, injury, disease, or disorder caused or exacerbated by the performance of any gender transition procedure, whether or not the gender transition procedure was performed in accordance with State and Federal law or whether not a deduction for expenses in connection with the gender transition procedure is allowable under this chapter. (iii) Gender The term gender means the psychological, behavioral, social, and cultural aspects of being male or female. (iv) Gender transition The term gender transition means the process in which an individual goes from identifying with and living as a gender that corresponds to his or her biological sex to identifying with and living as a gender different from his or her biological sex, and may involve social, legal, or physical changes. (v) Gender transition surgery (I) In general The term gender transition surgery means any surgical service, including genital or non-genital surgery, performed for the purpose of assisting an individual with a gender transition. (II) Exception Such term does not include any service performed because the individual suffers from a physical disorder, physical injury, or physical illness which would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed. (vi) Genital surgery The term genital surgery includes surgical procedures such as— (I) penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male patients, and (II) hysterectomy, ovariectomy, reconstruction of the fixed part of the urethra with or without a metoidioplasty or a phalloplasty, vaginectomy, scrotoplasty, or implantation of erection or testicular prostheses for biologically female patients. (vii) Non-genital surgery The term non-genital surgery includes surgical procedures such as liposuction, lipofilling, voice surgery, and— (I) augmentation mammoplasty, facial feminization surgery, thyroid cartilage reduction, gluteal augmentation (whether implants or lipofilling), hair reconstruction, or various aesthetic procedures for biologically male patients, and (II) subcutaneous mastectomy, pectoral implants, or various aesthetic procedures for biologically female patients. (viii) Puberty-blocking drugs The term puberty-blocking drugs means Gonadotropin-releasing hormone (GnRH) analogues or other synthetic drugs used in biological males to stop luteinizing hormone secretion and therefore testosterone secretion, and synthetic drugs used in biological females to stop the production of estrogen and progesterone, when used to delay or suppress pubertal development in children for the purpose of assisting an individual with a gender transition. (ix) Cross-sex hormones The term cross-sex hormones means testosterone or other androgens given to biological females at doses which are profoundly larger or more potent than would normally occur naturally in healthy biological females, and estrogen given to biological males at doses which are profoundly larger or more potent than would normally occur naturally in healthy biological males. (B) Minor child The term minor child means an individual who has not attained age 18. . (b) 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-117s4131is/xml/BILLS-117s4131is.xml |
117-s-4132 | II Calendar No. 362 117th CONGRESS 2d Session S. 4132 IN THE SENATE OF THE UNITED STATES May 3, 2022 Mr. Blumenthal introduced the following bill; which was read the first time May 4, 2022 Read the second time and placed on the calendar A BILL To protect a person’s ability to determine whether to continue or end a pregnancy, and to protect a health care provider’s ability to provide abortion services.
1. Short title This Act may be cited as the Women’s Health Protection Act of 2022 . 2. Definitions In this Act: (1) Abortion services The term abortion services means an abortion and any medical or non-medical services related to and provided in conjunction with an abortion (whether or not provided at the same time or on the same day as the abortion). (2) Government The term government includes each branch, department, agency, instrumentality, and official of the United States or a State. (3) Health care provider The term health care provider means any entity or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that— (A) is engaged or seeks to engage in the delivery of health care services, including abortion services, and (B) if required by law or regulation to be licensed or certified to engage in the delivery of such services— (i) is so licensed or certified, or (ii) would be so licensed or certified but for their past, present, or potential provision of abortion services permitted by section 3. (4) Medically comparable procedure The term medically comparable procedures means medical procedures that are similar in terms of health and safety risks to the patient, complexity, or the clinical setting that is indicated. (5) Pregnancy The term pregnancy refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (6) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States, and any subdivision of any of the foregoing, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. (7) Viability The term viability means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care provider, based on the particular facts of the case before the health care provider, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. 3. Permitted services (a) General Rule A health care provider has a statutory right under this Act to provide abortion services, and may provide abortion services, and that provider’s patient has a corresponding right to receive such services, without any of the following limitations or requirements: (1) A requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services, unless generally required for the provision of medically comparable procedures. (2) A requirement that the same health care provider who provides abortion services also perform specified tests, services, or procedures prior to or subsequent to the abortion. (3) A requirement that a health care provider offer or provide the patient seeking abortion services medically inaccurate information in advance of or during abortion services. (4) A limitation on a health care provider’s ability to prescribe or dispense drugs based on current evidence-based regimens or the provider’s good-faith medical judgment, other than a limitation generally applicable to the medical profession. (5) A limitation on a health care provider’s ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine. (6) A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortion services are provided, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (7) A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (8) A prohibition on abortion at any point or points in time prior to fetal viability, including a prohibition or restriction on a particular abortion procedure. (9) A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating health care provider, continuation of the pregnancy would pose a risk to the pregnant patient’s life or health. (10) A limitation on a health care provider’s ability to provide immediate abortion services when that health care provider believes, based on the good-faith medical judgment of the provider, that delay would pose a risk to the patient’s health. (11) A requirement that a patient seeking abortion services at any point or points in time prior to fetal viability disclose the patient’s reason or reasons for seeking abortion services, or a limitation on the provision or obtaining of abortion services at any point or points in time prior to fetal viability based on any actual, perceived, or potential reason or reasons of the patient for obtaining abortion services, regardless of whether the limitation is based on a health care provider’s degree of actual or constructive knowledge of such reason or reasons. (b) Other Limitations or Requirements The statutory right specified in subsection (a) shall not be limited or otherwise infringed through, in addition to the limitations and requirements specified in paragraphs (1) through (11) of subsection (a), any limitation or requirement that— (1) is the same as or similar to one or more of the limitations or requirements described in subsection (a); or (2) both— (A) expressly, effectively, implicitly, or as implemented singles out the provision of abortion services, health care providers who provide abortion services, or facilities in which abortion services are provided; and (B) impedes access to abortion services. (c) Factors For Consideration Factors a court may consider in determining whether a limitation or requirement impedes access to abortion services for purposes of subsection (b)(2)(B) include the following: (1) Whether the limitation or requirement, in a provider’s good-faith medical judgment, interferes with a health care provider’s ability to provide care and render services, or poses a risk to the patient’s health or safety. (2) Whether the limitation or requirement is reasonably likely to delay or deter some patients in accessing abortion services. (3) Whether the limitation or requirement is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work). (4) Whether the limitation or requirement is reasonably likely to have the effect of necessitating a trip to the offices of a health care provider that would not otherwise be required. (5) Whether the limitation or requirement is reasonably likely to result in a decrease in the availability of abortion services in a given State or geographic region. (6) Whether the limitation or requirement imposes penalties that are not imposed on other health care providers for comparable conduct or failure to act, or that are more severe than penalties imposed on other health care providers for comparable conduct or failure to act. (7) The cumulative impact of the limitation or requirement combined with other new or existing limitations or requirements. (d) Exception To defend against a claim that a limitation or requirement violates a health care provider’s or patient’s statutory rights under subsection (b), a party must establish, by clear and convincing evidence, that— (1) the limitation or requirement significantly advances the safety of abortion services or the health of patients; and (2) the safety of abortion services or the health of patients cannot be advanced by a less restrictive alternative measure or action. 4. Applicability and preemption (a) In general (1) Except as stated under subsection (b), this Act supersedes and applies to the law of the Federal Government and each State government, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act, and neither the Federal Government nor any State government shall administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ). (2) Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act. (b) Limitations The provisions of this Act shall not supersede or apply to— (1) laws regulating physical access to clinic entrances; (2) insurance or medical assistance coverage of abortion services; (3) the procedure described in section 1531(b)(1) of title 18, United States Code; or (4) generally applicable State contract law. (c) Defense In any cause of action against an individual or entity who is subject to a limitation or requirement that violates this Act, in addition to the remedies specified in section 7, this Act shall also apply to, and may be raised as a defense by, such an individual or entity. 5. Effective date This Act shall take effect immediately upon the date of enactment of this Act. This Act shall apply to all restrictions on the provision of, or access to, abortion services whether the restrictions are enacted or imposed prior to or after the date of enactment of this Act, except as otherwise provided in this Act. 6. Rules of construction (a) In General In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of Construction Nothing in this Act shall be construed to authorize any government to interfere with a person’s ability to terminate a pregnancy, to diminish or in any way negatively affect a person’s constitutional right to terminate a pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy. (c) Other Individuals Considered as Government Officials Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 3 of this Act shall be considered a government official for purposes of this Act. 7. Enforcement (a) Attorney General The Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official (including a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 3. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (b) Private Right of Action (1) In general Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this Act, may commence a civil action against any State that violates, or against any government official (including a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 3. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (2) Health care provider A health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable Relief In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs In any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section. (e) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (f) Abrogation of State Immunity Neither a State that enforces or maintains, nor a government official (including a person described in section 6(c)) who is permitted to implement or enforce any limitation or requirement that violates section 3 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. 8. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.
May 4, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4132pcs/xml/BILLS-117s4132pcs.xml |
117-s-4133 | II 117th CONGRESS 2d Session S. 4133 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Barrasso (for himself, Mr. Brown , Ms. Collins , Mr. Coons , Ms. Hassan , Mr. Leahy , Ms. Lummis , Mr. Merkley , Ms. Murkowski , and Mr. Reed ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for phased-in payment of Social Security Disability Insurance payments during the waiting period for individuals with a terminal illness.
1. Short title This Act may be cited as the Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2022 . 2. Phased-in payment of SSDI benefits during the waiting period for the terminally ill (a) In general Section 223 of the Social Security Act ( 42 U.S.C. 423 ) is amended— (1) in subsection (a)— (A) in paragraph (1), in the matter following subparagraph (E), by striking or (iii) and inserting (iii) subject to paragraph (2)(B), for each month beginning with the first month during all of which the individual is determined under subparagraph (D) of subsection (d)(2) to be under a disability and in which he becomes so entitled to such insurance benefits, or (iv) ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking section 202(q) and and inserting paragraph (3) of this section, section 202(q), and ; (ii) in subparagraph (A), by striking or at the end; (iii) by redesignating subparagraph (B) as subparagraph (C); (iv) in subparagraph (C), as so redesignated, by striking clause (ii) of paragraph (1) and inserting clause (ii) or (iv) in the matter following subparagraph (E) of paragraph (1) ; and (v) by inserting after subparagraph (A) the following new subparagraph: (B) in any case in which clause (iii) in the matter following subparagraph (E) of paragraph (1) of this subsection is applicable, the first month for which the individual becomes entitled to such disability insurance benefits, or ; and (C) by adding at the end the following new paragraph: (3) (A) For purposes of paragraph (2), in any case in which clause (iii) in the matter following subparagraph (E) of paragraph (1) of this subsection is applicable to an individual, the amount of the individual's monthly disability insurance benefit for the earliest period of 2 consecutive calendar months throughout which the individual has been entitled to such insurance benefits shall be equal to the product of the benefit amount determined for the individual under paragraph (2) (before application of this paragraph) and— (i) for the first calendar month, 50 percent; and (ii) for the second calendar month, 75 percent. (B) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 12 consecutive calendar months, the individual's disability insurance benefit for any month during the subsequent period of 12 consecutive calendar months shall be equal to— (i) the benefit amount determined for the individual under paragraph (2) (before application of this paragraph); minus (ii) the quotient obtained by dividing the total amount of disability insurance benefits provided to the individual during the earliest period of five consecutive calendar months for which the individual was entitled to such benefits on such basis by 12. (C) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 24 consecutive calendar months, the individual's disability insurance benefit for any subsequent month shall be equal to 95 percent of the benefit amount determined for the individual under paragraph (2) (before application of this paragraph). ; and (2) in subsection (d)(2), by adding at the end the following: (D) For purposes of clause (iii) in the matter following subparagraph (E) of paragraph (1) of subsection (a), an individual shall be determined to be under a disability upon submission of a diagnosis of a terminal illness (as defined in section 1861(dd)(3)(A)) that has been certified by not less than 2 physicians (as defined in section 1861(r)(1)) who are not related (as defined in section 267(c)(4) of the Internal Revenue Code of 1986) and are not in the same physician group practice. . (b) Reports to Congress (1) Report by Social Security Administration Not later than 12 months after the date of the enactment of this Act, and each year thereafter, the Commissioner of the Social Security Administration, in coordination with the Inspector General of the Social Security Administration, shall submit to the relevant committees of Congress a report that evaluates the provision of disability insurance benefits to terminally ill individuals, including— (A) the total number of individuals who— (i) file applications for disability insurance benefits (as determined under section 223(a)(3) of the Social Security Act) based on a diagnosis of a terminal illness; (ii) receive such benefits; (iii) die within 6 months of first receiving such benefits; (iv) die within 12 months of first receiving such benefits; (v) receive such benefits during the period described in section 223(a)(3)(B) of the Social Security Act; and (vi) receive such benefits during the period described in section 223(a)(3)(C) of the Social Security Act; (B) the total amount expended, including related administrative expenses, for the provision of disability insurance benefits under section 223(a)(3) of the Social Security Act to individuals diagnosed with a terminal illness; and (C) recommendations for such legislation and administrative actions as are determined appropriate for preventing fraud, waste, and abuse related to such benefits. (2) Report by Government Accountability Office Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the relevant committees of Congress that evaluates the provision of disability insurance benefits to terminally ill individuals and provides recommendations for such legislation and administrative actions as are determined appropriate to improve the provision of such benefits to such individuals. (c) Effective date; sunset (1) In general Subject to paragraph (2), the amendments made by this section shall apply to benefits payable for months beginning after December 31, 2022. (2) Sunset The amendments made by subsection (a) shall cease to have effect on January 1, 2028, and upon such date, section 223 of the Social Security Act shall read as such section read on the day before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4133is/xml/BILLS-117s4133is.xml |
117-s-4134 | II 117th CONGRESS 2d Session S. 4134 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Cornyn (for himself, Mrs. Gillibrand , Mr. Blumenthal , Mr. King , Mrs. Feinstein , Mr. Kaine , Mr. Peters , Mr. Tillis , Mr. Scott of Florida , Mrs. Blackburn , Ms. Collins , Mr. Boozman , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To direct the President to submit to Congress a report on United States Government efforts to collect, analyze, and preserve evidence and information related to war crimes and other atrocities committed during the full-scale Russian invasion of Ukraine since February 24, 2022, and for other purposes.
1. Short title This Act may be cited as the Ukraine Invasion War Crimes Deterrence and Accountability Act . 2. Sense of Congress It is the sense of Congress that— (1) in its premeditated, unprovoked, unjustified, and unlawful full-scale invasion of Ukraine that commenced on February 24, 2022, the military of the Government of the Russian Federation under the direction of President Vladimir Putin has committed war crimes that include— (A) the deliberate targeting of civilians and injuring or killing of noncombatants; (B) the deliberate targeting and attacking of hospitals, schools, and other non-military buildings dedicated to religion, art, science, or charitable purposes, such as the bombing of a theater in Mariupol that served as a shelter for noncombatants and had the word children written clearly in the Russian language outside; (C) the indiscriminate bombardment of undefended dwellings and buildings; (D) the wanton destruction of property not justified by military necessity; (E) unlawful civilian deportations; (F) the taking of hostages; and (G) rape, or sexual assault or abuse; (2) the use of chemical weapons by the Government of the Russian Federation in Ukraine would constitute a war crime, and engaging in any military preparations to use chemical weapons or to develop, produce, stockpile, or retain chemical weapons is prohibited by the Chemical Weapons Convention, to which the Russian Federation is a signatory; (3) Vladimir Putin has a long record of committing acts of aggression, systematic abuses of human rights, and acts that constitute war crimes or other atrocities both at home and abroad, and the brutality and scale of these actions, including in the Russian Federation republic of Chechnya, Georgia, Syria, and Ukraine, demonstrate the extent to which his regime is willing to flout international norms and values in the pursuit of its objectives; (4) Vladimir Putin has previously sanctioned the use of chemical weapons at home and abroad, including in the poisonings of Russian spy turned double agent Sergei Skripal and his daughter Yulia and leading Russian opposition figure Aleksey Navalny, and aided and abetted the use of chemical weapons by President Bashar al-Assad in Syria; and (5) in 2014, the Government of the Russian Federation initiated its unprovoked war of aggression against Ukraine which resulted in its illegal occupation of Crimea, the unrecognized declaration of independence by the so-called “Donetsk People’s Republic” and “Luhansk People’s Republic” by Russia-backed proxies, and numerous human rights violations and deaths of civilians in Ukraine. 3. Statement of policy It is the policy of the United States— (1) to collect, analyze, and preserve evidence and information related to war crimes and other atrocities committed during the full-scale Russian invasion of Ukraine that began on February 24, 2022, for use in appropriate domestic, foreign, and international courts and tribunals prosecuting those responsible for such crimes; (2) to help deter the commission of war crimes and other atrocities in Ukraine by publicizing to the maximum possible extent, including among Russian and other foreign military commanders and troops in Ukraine, efforts to identify and prosecute those responsible for the commission of war crimes during the full-scale Russian invasion of Ukraine that began on February 24, 2022; and (3) to continue efforts to identify, deter, and pursue accountability for war crimes and other atrocities committed around the world and by other perpetrators, and to leverage international cooperation and best practices in this regard with respect to the current situation in Ukraine. 4. Report on United States efforts Not later than 90 days after the date of the enactment of this Act, and consistent with the protection of intelligence sources and methods, the President shall submit to the appropriate congressional committees a report, which may include a classified annex, describing in detail the following: (1) United States Government efforts to collect, analyze, and preserve evidence and information related to war crimes and other atrocities committed during the full-scale Russian invasion of Ukraine since February 24, 2022, including a description of— (A) the respective roles of various agencies, departments, and offices, and the interagency mechanism established for the coordination of such efforts; (B) the types of information and evidence that are being collected, analyzed, and preserved to help identify those responsible for the commission of war crimes or other atrocities during the full-scale Russian invasion of Ukraine in 2022; and (C) steps taken to coordinate with, and support the work of, allies, partners, international institutions and organizations, and nongovernmental organizations in such efforts. (2) Media, public diplomacy, and information operations to make Russian military commanders, troops, political leaders and the Russian people aware of efforts to identify and prosecute those responsible for the commission of war crimes or other atrocities during the full-scale Russian invasion of Ukraine in 2022, and of the types of acts that may be prosecutable. (3) The process for a domestic, foreign, or international court or tribunal to request and obtain from the United States Government information related to war crimes or other atrocities committed during the full-scale Russian invasion of Ukraine in 2022. 5. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Atrocities The term atrocities has the meaning given that term in section 6(2) of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 ( Public Law 115–441 ; 22 U.S.C. 2656 note). (3) War crime The term war crime has the meaning given that term in section 2441(c) of title 18, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4134is/xml/BILLS-117s4134is.xml |
117-s-4135 | II 117th CONGRESS 2d Session S. 4135 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To dissolve the Department of Homeland Security Disinformation Governance Board, and for other purposes.
1. Short title This Act may be cited as the Dissolving the Disinformation Governance Board Act . 2. Sense of Congress It is the sense of Congress that the Department of Homeland Security Disinformation Governance Board is unconstitutional and should be dissolved immediately. 3. Definitions In this Act: (1) Board The term Board means the Disinformation Governance Board. (2) Secretary The term Secretary means the Secretary of Homeland Security. 4. Dissolution (a) In general The Board is hereby dissolved. (b) Removal of Executive Director The Secretary shall immediately remove the Executive Director from the Board. (c) Funding restriction Beginning on the date of the enactment of this Act, no Federal funds may be used for the operation of the Board. 5. No successor entities or activities The Secretary may not— (1) establish any entity equivalent to the Board; or (2) authorize activities at the Department of Homeland Security that are substantially similar to the activities of the Board. 6. Disclosure Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives — (1) a report describing the formation of the Board; and (2) all of the records in the possession of the Department of Homeland Security related to the Board, including— (A) written or recorded communications concerning the formation of the Board; (B) the agenda or minutes from any meeting at which the Board's formation was discussed; (C) any legal review to determine whether the activities of the Board would be authorized by the Constitution of the United States; (D) any communications or records about the individuals who would be recruited to serve on the Board; and (E) any communications concerning the appointment of an executive director for the Board. | https://www.govinfo.gov/content/pkg/BILLS-117s4135is/xml/BILLS-117s4135is.xml |
117-s-4136 | II Calendar No. 361 117th CONGRESS 2d Session S. 4136 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Carper , from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the calendar A BILL To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Development 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. Definition of Secretary. TITLE I—General provisions Sec. 101. Scope of feasibility studies. Sec. 102. Shoreline and riverbank protection and restoration mission. Sec. 103. Inland waterway projects. Sec. 104. Protection and restoration of other Federal land along rivers and coasts. Sec. 105. Policy and technical standards. Sec. 106. Planning assistance to States. Sec. 107. Floodplain management services. Sec. 108. Workforce planning. Sec. 109. Credit in lieu of reimbursement. Sec. 110. Coastal cost calculations. Sec. 111. Advance payment in lieu of reimbursement for certain Federal costs. Sec. 112. Use of emergency funds. Sec. 113. Research and development. Sec. 114. Tribal and Economically Disadvantaged Communities Advisory Committee. Sec. 115. Non-Federal Interest Advisory Committee. Sec. 116. Underserved community harbor projects. Sec. 117. Corps of Engineers Western Water Cooperative Committee. Sec. 118. Updates to certain water control manuals. Sec. 119. Retention of recreation fees. Sec. 120. Relocation assistance. Sec. 121. Reprogramming limits. Sec. 122. Lease durations. Sec. 123. Sense of Congress relating to post-disaster repairs. Sec. 124. Payment of pay and allowances of certain officers from appropriation for improvements. Sec. 125. Reforestation. Sec. 126. Use of other Federal funds. Sec. 127. National low-head dam inventory. Sec. 128. Transfer of excess credit. Sec. 129. National levee restoration. Sec. 130. Inland waterways regional dredge pilot program. Sec. 131. Funding to process permits. Sec. 132. Non-Federal project implementation pilot program. Sec. 133. Cost sharing for territories and Indian Tribes. Sec. 134. Water supply conservation. Sec. 135. Criteria for funding operation and maintenance of small, remote, and subsistence harbors. Sec. 136. Protection of lighthouses. Sec. 137. Expediting hydropower at Corps of Engineers facilities. Sec. 138. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities. Sec. 139. Dredged material management plans. Sec. 140. Lease deviations. Sec. 141. Columbia River Basin flood risk management. Sec. 142. Continuation of construction. TITLE II—Studies and reports Sec. 201. Authorization of feasibility studies. Sec. 202. Special rules. Sec. 203. Expedited completion of studies. Sec. 204. Studies for periodic nourishment. Sec. 205. NEPA reporting. Sec. 206. GAO audit of projects over budget or behind schedule. Sec. 207. GAO study on project distribution. Sec. 208. GAO audit of joint costs for operations and maintenance. Sec. 209. GAO review of Corps of Engineers mitigation practices. Sec. 210. Sabine–Neches Waterway Navigation Improvement project, Texas. Sec. 211. Great Lakes recreational boating. Sec. 212. Upper St. Johns River Basin, Central and Southern Florida. Sec. 213. Investments for recreation areas. Sec. 214. Western infrastructure study. Sec. 215. Upper Mississippi River and Illinois Waterway System. Sec. 216. West Virginia hydropower. Sec. 217. Recreation and economic development at Corps facilities in Appalachia. Sec. 218. Automated fee machines. Sec. 219. Lake Champlain Canal, Vermont and New York. Sec. 220. Report on concessionaire practices. TITLE III—Deauthorizations, modifications, and related provisions Sec. 301. Additional assistance for critical projects. Sec. 302. Southern West Virginia. Sec. 303. Northern West Virginia. Sec. 304. Local cooperation agreements, northern West Virginia. Sec. 305. Special rule for certain beach nourishment projects. Sec. 306. Coastal community flood control and other purposes. Sec. 307. Modifications. Sec. 308. Port Fourchon, Louisiana, dredged material disposal plan. Sec. 309. Delaware shore protection and restoration. Sec. 310. Great Lakes advance measures assistance. Sec. 311. Rehabilitation of existing levees. Sec. 312. Pilot program for certain communities. Sec. 313. Rehabilitation of Corps of Engineers constructed pump stations. Sec. 314. Chesapeake Bay environmental restoration and protection program. Sec. 315. Evaluation of hydrologic changes in Souris River Basin. Sec. 316. Memorandum of understanding relating to Baldhill Dam, North Dakota. Sec. 317. Upper Mississippi River restoration program. Sec. 318. Harmful algal bloom demonstration program. Sec. 319. Colleton County, South Carolina. Sec. 320. Arkansas River corridor, Oklahoma. Sec. 321. Abandoned and inactive noncoal mine restoration. Sec. 322. Asian carp prevention and control pilot program. Sec. 323. Forms of assistance. Sec. 324. Debris removal, New York Harbor, New York. Sec. 325. Invasive species management. Sec. 326. Wolf River Harbor, Tennessee. Sec. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and Nebraska. Sec. 328. Invasive species management pilot program. Sec. 329. Nueces County, Texas, conveyances. Sec. 330. Mississippi Delta Headwaters, Mississippi. Sec. 331. Ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey. Sec. 332. Timely reimbursement. Sec. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina. Sec. 334. Lake Tahoe Basin restoration, Nevada and California. Sec. 335. Additional assistance for Eastern Santa Clara Basin, California. Sec. 336. Tribal partnership program. Sec. 337. Surplus water contracts and water storage agreements. Sec. 338. Copan Lake, Oklahoma. Sec. 339. Enhanced development program. Sec. 340. Ecosystem restoration coordination. Sec. 341. Acequias irrigation systems. Sec. 342. Rogers County, Oklahoma. Sec. 343. Water supply storage repair, rehabilitation, and replacement costs. Sec. 344. Non-Federal payment flexibility. Sec. 345. North Padre Island, Corpus Christi Bay, Texas. Sec. 346. Waiver of non-Federal share of damages related to certain contract claims. Sec. 347. Algiers Canal Levees, Louisiana. Sec. 348. Israel River ice control project, Lancaster, New Hampshire. Sec. 349. City of El Dorado, Kansas. Sec. 350. Upper Mississippi River protection. Sec. 351. Regional Corps of Engineers Office, Corpus Christi, Texas. Sec. 352. Pilot program for good neighbor authority on Corps of Engineers land. Sec. 353. Southeast Des Moines, Southwest Pleasant Hill, Iowa. Sec. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico. Sec. 355. Comprehensive Everglades Restoration Plan, Florida. Sec. 356. Maintenance dredging permits. Sec. 357. Puget Sound nearshore ecosystem restoration, Washington. Sec. 358. Tribal assistance. Sec. 359. Recreational opportunities at certain projects. Sec. 360. Rehabilitation of Corps of Engineers constructed dams. Sec. 361. South Florida Ecosystem Restoration Task Force. Sec. 362. New Madrid County Harbor, Missouri. Sec. 363. Trinity River and tributaries, Texas. Sec. 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois. Sec. 365. Federal assistance. Sec. 366. Land transfer and trust land for Choctaw Nation of Oklahoma. TITLE IV—Water resources infrastructure Sec. 401. Project authorizations. Sec. 402. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska. Sec. 403. Expedited completion of projects. Sec. 404. Special rules. Sec. 405. Chattahoochee River program. Sec. 406. Lower Mississippi River Basin demonstration program. Sec. 407. Forecast-informed reservoir operations. Sec. 408. Mississippi River mat sinking unit. Sec. 409. Sense of Congress relating to Okatibbee Lake. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. I General provisions 101. Scope of feasibility studies (a) Flood and coastal storm risk management In carrying out a feasibility study for a project for flood or coastal storm risk management, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize net benefits from the reduction of the comprehensive flood risk that is identified through a holistic evaluation of the isolated and compound effects of— (1) a riverine discharge of any magnitude or frequency; (2) inundation, wave attack, and erosion coinciding with a hurricane or coastal storm; (3) a tide of any magnitude or frequency; (4) a rainfall event of any magnitude or frequency; (5) seasonal variation in water levels; (6) groundwater emergence; (7) sea level rise; (8) subsidence; or (9) any other driver of flood risk affecting the study area. (b) Water supply, water supply conservation, and drought risk reduction In carrying out a feasibility study for any purpose, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives— (1) to maximize combined net benefits for the primary purpose of the study and for water supply, water supply conservation, and drought risk reduction; or (2) to include 1 or more measures for the purpose of water supply, water supply conservation, or drought risk reduction. (c) Cost sharing All costs to carry out a feasibility study in accordance with this section shall be shared in accordance with the cost share requirements otherwise applicable to the study. 102. Shoreline and riverbank protection and restoration mission (a) Declaration of policy Congress declares that— (1) consistent with the civil works mission of the Corps of Engineers, it is the policy of the United States to protect and restore the shorelines, riverbanks, and streambanks of the United States from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems; (2) the Chief of Engineers shall give priority consideration to the protection and restoration of shorelines, riverbanks, and streambanks from erosion and other damaging impacts of extreme weather events in carrying out the civil works mission of the Corps of Engineers; (3) to the maximum extent practicable, projects and measures for the protection and restoration of shorelines, riverbanks, and streambanks shall be formulated to increase the resilience of such shores and banks from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems using measures described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ); and (4) to the maximum extent practicable, periodic nourishment shall be provided, in accordance with subsection (c) of the first section of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(c) ), and subject to section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f ), for projects and measures carried out for the purpose of restoring and increasing the resilience of ecosystems to the same extent as periodic nourishment is provided for projects and measures carried out for the purpose of coastal storm risk management. (b) Shoreline and riverine protection and restoration (1) In general Section 212 of the Water Resources Development Act of 1999 ( 33 U.S.C. 2332 ) is amended— (A) in the section heading, by striking Flood mitigation and riverine restoration program and inserting Shoreline and riverine protection and restoration ; (B) by striking subsection (a) and inserting the following: (a) In general The Secretary may carry out projects— (1) to reduce flood and coastal storm hazards, including shoreline erosion and riverbank and streambank failures; or (2) to restore the natural functions and values of rivers and shorelines throughout the United States. ; (C) in subsection (b)— (i) by striking paragraph (1) and inserting the following: (1) Authority (A) Studies The Secretary may carry out studies to identify appropriate measures for— (i) the reduction of flood and coastal storm hazards, including shoreline erosion and riverbank and streambank failures; or (ii) the restoration of the natural functions and values of rivers and shorelines. (B) Projects Subject to subsection (f)(2), the Secretary may design and implement projects described in subsection (a). ; (ii) in paragraph (3), by striking flood damages and inserting flood and coastal storm damages, including the use of measures described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ) ; and (iii) in paragraph (4)— (I) by inserting and coastal storm after flood ; (II) by inserting , shoreline, after riverine ; and (III) by inserting and coastal barriers after floodplains ; (D) in subsection (c)— (i) by striking paragraph (1) and inserting the following: (1) Studies (A) In general Subject to subparagraph (B), the non-Federal share of the cost of a study under this section shall be— (i) 50 percent; and (ii) 10 percent, in the case of a study benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )). (B) Federal interest determination The first $100,000 of the costs of a study under this section shall be at full Federal expense. ; and (ii) in paragraph (2)— (I) in the paragraph heading, by striking flood control ; and (II) by striking subparagraph (A) and inserting the following: (A) In general Design and construction of a nonstructural measure or project, a measure or project described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ), or for a measure or project for environmental restoration, shall be subject to cost sharing in accordance with section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )) shall be 10 percent. ; and (iii) in paragraph (3)— (I) in the paragraph heading, by striking control and inserting and coastal storm risk management ; (II) by striking control and inserting and coastal storm risk management ; and (III) by striking section 103(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(a) ) and inserting section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )) shall be 10 percent ; (E) in subsection (d)— (i) by striking paragraph (2); (ii) by striking the subsection designation and heading and all that follows through Notwithstanding in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: (d) Project justification Notwithstanding ; (iii) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and indenting appropriately; and (iv) in paragraph (1) (as so redesignated)— (I) by inserting or coastal storm after flood ; and (II) by inserting , including erosion or riverbank or streambank failures after damages ; (F) in subsection (e)— (i) by redesignating paragraphs (1) through (33) as subparagraphs (A) through (GG), respectively, and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as so redesignated), by striking In carrying out and inserting the following: (1) In general In carrying out ; and (iii) by adding at the end the following: (2) Priority projects In carrying out this section after the date of enactment of the Water Resources Development Act of 2022 , the Secretary shall prioritize projects for the following locations: (A) Delaware beaches and watersheds, Delaware. (B) Louisiana Coastal Area, Louisiana. (C) Great Lakes Shores and Watersheds. (D) Oregon Coastal Area, Oregon. (E) Upper Missouri River Basin. (F) Ohio River Tributaries and their watersheds, West Virginia. (G) Chesapeake Bay watershed and Maryland beaches, Maryland. ; (G) by striking subsections (f), (g), and (i); (H) by redesignating subsection (h) as subsection (f); and (I) in subsection (f) (as so redesignated), by striking paragraph (2) and inserting the following: (2) Projects requiring specific authorization The Secretary shall not carry out a project until Congress enacts a law authorizing the Secretary to carry out the project, if the Federal share of the cost to design and construct the project exceeds— (A) $26,000,000, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )); (B) $23,000,000, in the case of a project other than a project benefitting an economically disadvantaged community (as so defined) that— (i) is for purposes of environmental restoration; or (ii) derives not less than 50 percent of the erosion, flood, or coastal storm risk reduction benefits from nonstructural measures or measures described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ); or (C) $18,500,000, for a project other than a project described in subparagraph (A) or (B). . (2) Clerical amendment The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 212 and inserting the following: Sec. 212. Shoreline and riverine protection and restoration. . (c) Emergency streambank and shoreline protection Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) is amended by striking $5,000,000 and inserting $10,000,000 . 103. Inland waterway projects (a) In general Section 102(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2212(a) ) is amended— (1) in the matter preceding paragraph (1), by striking One-half of the costs and inserting 75 percent of the costs ; and (2) in the undesignated matter following paragraph (3), in the second sentence, by striking One-half of such costs and inserting 25 percent of such costs . (b) Application The amendments made by subsection (a) shall apply to new and ongoing projects beginning on October 1, 2022. (c) Conforming amendment Section 109 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2212 note; Public Law 116–260 ) is amended by striking fiscal years 2021 through 2031 and inserting fiscal years 2021 through 2022 . 104. Protection and restoration of other Federal land along rivers and coasts (a) In general The Secretary is authorized to use funds made available to the Secretary for water resources development purposes to construct, at full Federal expense, a measure benefitting Federal land under the administrative jurisdiction of another Federal agency, if the measure— (1) is included in a report of the Chief of Engineers or other decision document for a water resources development project that is specifically authorized by Congress; (2) is included in a detailed project report (as defined in section 105(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d) ); or (3) utilizes dredged material from a water resources development project beneficially. (b) Applicability This section shall apply to a measure for which construction is initiated after the date of enactment of this Act. (c) Exclusion In this section, the term Federal land does not include a military installation. (d) Savings provisions Nothing in this section precludes— (1) a Federal agency with administrative jurisdiction over Federal land from contributing funds for any portion of the cost of a measure described in subsection (a) that benefits that land; or (2) the Secretary, at the request of the non-Federal interest for a study for a project for flood or coastal storm risk management, from using funds made available to the Secretary for water resources development investigations to formulate measures to reduce risk to a military installation, if the non-Federal interest shares in the cost to formulate those measures to the same extent that the non-Federal interest is required to share in the cost of the study. (e) Repeal (1) In general Section 1025 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2226 ) is repealed. (2) Conforming amendment The table of contents in section 1(b) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193) is amended by striking the item relating to section 1025. 105. Policy and technical standards Consistent with the 5-year administrative publication life cycle of the Department of the Army, the Secretary shall revise, rescind, or certify as current, as applicable, each publication for the civil works programs of the Corps of Engineers. 106. Planning assistance to States (a) In general Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by striking section 236 of title 10 and inserting section 4141 of title 10 ; and (B) by adding at the end the following: (4) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to address both inland and coastal life safety risks. ; (2) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively; (3) by inserting after subsection (a) the following: (b) Outreach (1) In general The Secretary is authorized to carry out activities, at full Federal expense— (A) to inform and educate States and other non-Federal interests about the missions, programs, policies, and procedures of the Corps of Engineers; and (B) to engage with States and other non-Federal interests to identify specific opportunities to partner with the Corps of Engineers to address water resources development needs. (2) Staff The Secretary shall designate staff in each district office of the Corps of Engineers to provide assistance under this subsection. ; and (4) in subsection (d) (as so redesignated), by adding at the end the following: (3) Outreach There is authorized to be appropriated $30,000,000 for each fiscal year to carry out subsection (b). (4) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this section to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )). . (b) Conforming amendment Section 3014(b)(3)(B) of the Water Resources Reform and Development Act of 2014 ( 42 U.S.C. 4131(b)(3)(B) ) is amended by striking section 22(b) of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16(b) ) and inserting section 22(c) of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16(c) ) . 107. Floodplain management services Section 206 of the Flood Control Act of 1960 ( 33 U.S.C. 709a ) is amended— (1) in subsection (a)— (A) in the second sentence, by striking Surveys and guides and inserting the following: (2) Surveys and guides Surveys and guides ; (B) in the first sentence— (i) by inserting identification of areas subject to floods due to accumulated snags and other debris, after inundation by floods of various magnitudes and frequencies, ; and (ii) by striking In recognition and inserting the following: (1) In general In recognition ; and (C) by adding at the end the following: (3) Identification of assistance (A) In general To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards. (B) Coordination The Secretary shall coordinate activities under this paragraph with activities described in subsection (b) of section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ). ; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: (d) Institutions of higher education Notwithstanding section 4141 of title 10, United States Code, in carrying out this section, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary. . 108. Workforce planning (a) Definition of historically Black college or university In this section, the term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (b) Authorization The Secretary is authorized to carry out activities, at full Federal expense— (1) to foster, enhance, and support science, technology, engineering, and math education and awareness; and (2) to recruit individuals for careers at the Corps of Engineers. (c) Partnering entities In carrying out activities under this section, the Secretary may enter into partnerships with— (1) public and nonprofit elementary and secondary schools; (2) community colleges; (3) technical schools; (4) colleges and universities, including historically Black colleges and universities; and (5) other institutions of learning. (d) Prioritization The Secretary shall, to the maximum extent practicable, prioritize the recruitment of individuals under this section that are located in economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023 through 2027. 109. Credit in lieu of reimbursement (a) In general Section 1022 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2225 ) is amended— (1) in subsection (a)— (A) by striking or before an authorized coastal navigation project ; (B) by inserting or any other water resources development project for which the Secretary is authorized to reimburse the non-Federal interest for the Federal share of construction or operation and maintenance, before the Secretary ; and (C) by striking of the project and inserting to construct, periodically nourish, or operate and maintain the project ; (2) in each of subsections (b) and (c), by striking flood damage reduction and coastal navigation each place it appears and inserting water resources development ; and (3) by adding at the end the following: (d) Applicability With respect to a project constructed under section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ), the Secretary shall exercise the authority under this section to apply credits and reimbursements related to the project in a manner consistent with the requirements of subsection (d) of that section. . (b) Treatment of credit between projects Section 7007(d) of the Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by inserting , or may be applied to reduce the amounts required to be paid by the non-Federal interest under the terms of the deferred payment agreements entered into between the Secretary and the non-Federal interest for the projects authorized by section 7012(a)(1) before the period at the end. 110. Coastal cost calculations Section 152(a) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2213a(a) ) is amended by inserting or coastal storm risk management after flood risk management . 111. Advance payment in lieu of reimbursement for certain Federal costs The Secretary is authorized to provide in advance to the non-Federal interest the Federal share of funds required for the acquisition of land, easements, and rights-of-way and the performance of relocations for a project or separable element— (1) authorized to be constructed at full Federal expense; or (2) described in section 103(b)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(b)(2) ). 112. Use of emergency funds Section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), is amended— (1) in paragraph (1), in the first sentence, by inserting , increase resilience, increase effectiveness in preventing damages from inundation, wave attack, or erosion, after address major deficiencies ; and (2) by adding at the end the following: (6) Work carried out by a non-Federal sponsor (A) General rule The Secretary may authorize a non-Federal sponsor to plan, design, or construct repair or restoration work described in paragraph (1). (B) Requirements (i) In general To be eligible for a payment under subparagraph (C) for the Federal share of a planning, design, or construction activity for repair or restoration work described in paragraph (1), the non-Federal sponsor shall enter into a written agreement with the Secretary before carrying out the activity. (ii) Compliance with other laws The non-Federal sponsor shall carry out all activities under this paragraph in compliance with all laws and regulations that would apply if the activities were carried out by the Secretary. (C) Payment (i) In general The Secretary is authorized to provide payment, in the form of an advance or a reimbursement, to the non-Federal sponsor for the Federal share of the cost of a planning design, or construction activity for the repair or restoration work described in paragraph (1). (ii) Additional amounts If the Federal share of the cost of the activity under this paragraph exceeds the amount obligated by the Secretary under an agreement under subparagraph (B), the advance or reimbursement of such additional amounts shall be at the discretion of the Secretary. (D) Annual limit on reimbursements not applicable Section 102 of the Energy and Water Development Appropriations Act, 2006 ( 33 U.S.C. 2221 ), shall not apply to an agreement under subparagraph (B). . 113. Research and development (a) In general Section 7 of the Water Resources Development Act of 1988 ( 33 U.S.C. 2313 ) is amended— (1) in the section heading, by striking Collaborative ; (2) in subsection (b), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (3) by striking subsection (e); (4) by redesignating subsections (b), (c), (d), and (f) as paragraphs (2), (3), (4), and (5), respectively, and indenting appropriately; (5) in subsection (a), by striking of the Army Corps of Engineers, the Secretary is authorized to utilize Army and inserting the following: “of the Corps of Engineers, the Secretary is authorized to engage in basic research, applied research, advanced research, and development projects, including such projects that are— (1) authorized by Congress; or (2) included in an Act making appropriations for the Corps of Engineers. (b) Collaborative research and development (1) In general In carrying out subsection (a), the Secretary is authorized to utilize ; (6) in subsection (b) (as so redesignated)— (A) in paragraph (2)(B) (as so redesignated), by striking this section and inserting this subsection ; (B) in paragraph (3) (as so redesignated), in the first sentence, by striking this section each place it appears and inserting this subsection ; (C) in paragraph (4) (as so redesignated), by striking subsection (c) and inserting paragraph (3) ; and (D) in paragraph (5) (as so redesignated), by striking this section and inserting this subsection; ; and (7) by adding at the end the following: (c) Other transactions (1) Authority The Secretary may enter into transactions (other than contracts, cooperative agreements, and grants) in order to carry out this section. (2) Education and training The Secretary shall— (A) ensure that management, technical, and contracting personnel of the Corps of Engineers involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training; and (B) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs. (3) Notification The Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice of a transaction under this subsection not less than 30 days before entering into the transaction. (4) Report Not later than 3 years and not later than 7 years after the date of enactment of the Water Resources Development Act of 2022 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the use of the authority under paragraph (1). (d) Report (1) In general For fiscal year 2025, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on projects carried out under subsection (a). (2) Contents A report under paragraph (1) shall include— (A) a description of each ongoing and new project, including— (i) the estimated total cost; (ii) the amount of Federal expenditures; (iii) the amount of expenditures by a non-Federal entity as described in subsection (b)(1), if applicable; (iv) the estimated timeline for completion; (v) the requesting district of the Corps of Engineers, if applicable; and (vi) how the project is consistent with subsection (a); and (B) any additional information that the Secretary determines to be appropriate. (e) Cost sharing (1) In general Except as provided in subsection (b)(3) and paragraph (2), a project carried out under this section shall be at full Federal expense. (2) Treatment Nothing in this subsection waives applicable cost-share requirements for a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d) )). (f) Savings clause Nothing in this section limits the ability of the Secretary to carry out a project requested by a district of the Corps of Engineers in support of a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d) )). (g) Research and development account (1) In general There is established a Research and Development account of the Corps of Engineers for the purposes of carrying out this section. (2) Authorization of appropriations There is authorized to be appropriated to the Research and Development account established by paragraph (1) $85,000,000 for each of fiscal years 2023 through 2027. . (b) Forecasting models for the Great Lakes (1) Authorization There is authorized to be appropriated to the Secretary $10,000,000 to complete and maintain a model suite to forecast water levels, account for water level variability, and account for the impacts of extreme weather events and other natural disasters in the Great Lakes. (2) Savings provision Nothing in this subsection precludes the Secretary from using funds made available under the Great Lakes Restoration Initiative established by section 118(c)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c)(7) ) for activities described in paragraph (1) for the Great Lakes, if funds are not appropriated for such activities. (c) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1988 (102 Stat. 4012) is amended by striking the item relating to section 7 and inserting the following: Sec. 7. Research and development. . 114. Tribal and Economically Disadvantaged Communities Advisory Committee (a) Definitions In this section: (1) Committee The term Committee means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (b). (2) Economically disadvantaged community The term economically disadvantaged community has the meaning given the term pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 ). (3) 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 ). (b) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the Tribal and Economically Disadvantaged Communities Advisory Committee , to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective delivery of water resources development projects, programs, and other assistance to economically disadvantaged communities and Indian Tribes. (c) Membership The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including— (1) 5 individuals representing organizations with expertise in environmental policy, rural water resources, economically disadvantaged communities, Tribal rights, or civil rights; and (2) 5 individuals, each representing a non-Federal interest for a Corps of Engineers project. (d) Duties (1) Recommendations The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in— (A) efficiently and effectively delivering solutions to water resources development projects needs and challenges for economically disadvantaged communities and Indian Tribes; (B) integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water resources development projects and programs of the Corps of Engineers; and (C) improving the capability and capacity of the workforce of the Corps of Engineers to assist economically disadvantaged communities and Indian Tribes. (2) Meetings The Committee shall meet as appropriate to develop and make recommendations under paragraph (1). (3) Report Recommendations provided under paragraph (1) shall be— (A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) be made publicly available, including on a publicly available website. (e) Independent judgment Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (d)(1) shall reflect the independent judgment of the Committee. (f) Administration (1) Compensation Except as provided in paragraph (2), the members of the Committee shall serve without compensation. (2) Travel expenses The members of the Committee shall be allowed 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, while away from their homes or regular places of business in the performance of services for the Committee. (3) Treatment The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. 115. Non-Federal Interest Advisory Committee (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the Non-Federal Interest Advisory Committee (referred to in this section as the Committee ), to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance. (b) Membership (1) In general The Committee shall be composed of the members described in paragraph (2), who shall— (A) be appointed by the Secretary; and (B) have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges. (2) Representatives The members of the Committee shall include the following: (A) A representative of each of the following: (i) A non-Federal interest for a project for navigation for an inland harbor. (ii) A non-Federal interest for a project for navigation for a harbor. (iii) A non-Federal interest for a project for flood risk management. (iv) A non-Federal interest for a project for coastal storm risk management. (v) A non-Federal interest for a project for aquatic ecosystem restoration. (B) A representative of each of the following: (i) A non-Federal stakeholder with respect to inland waterborne transportation. (ii) A non-Federal stakeholder with respect to water supply. (iii) A non-Federal stakeholder with respect to recreation. (iv) A non-Federal stakeholder with respect to hydropower. (v) A non-Federal stakeholder with respect to emergency preparedness, including coastal protection. (C) A representative of each of the following: (i) An organization with expertise in conservation. (ii) An organization with expertise in environmental policy. (iii) An organization with expertise in rural water resources. (c) Duties (1) Recommendations The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in— (A) efficiently and effectively delivering water resources development projects; (B) improving the capability and capacity of the workforce of the Corps of Engineers to deliver projects and other assistance; (C) improving the capacity and effectiveness of Corps of Engineers consultation and liaison roles in communicating water resources needs and solutions, including regionally-specific recommendations; and (D) strengthening partnerships with non-Federal interests to advance water resources solutions. (2) Meetings The Committee shall meet as appropriate to develop and make recommendations under paragraph (1). (3) Report Recommendations provided under paragraph (1) shall be— (A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) made publicly available, including on a publicly available website. (d) Independent judgment Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee. (e) Administration (1) In general The Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (2) Compensation Except as provided in paragraph (3), the members of the Committee shall serve without compensation. (3) Travel expenses The members of the Committee shall be allowed 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, while away from their homes or regular places of business in the performance of services for the Committee. (4) Treatment The members of the Committee shall not be considered to be Federal employees and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 116. Underserved community harbor projects (a) Definitions In this section: (1) Project The term project means a single cycle of dredging of an underserved community harbor and the associated placement of dredged material at a beneficial use placement site or disposal site. (2) Underserved community harbor The term underserved community harbor means an emerging harbor (as defined in section 210(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(f) )) for which— (A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and (B) State and local investments in infrastructure have been made during the preceding 4 fiscal years. (b) In general The Secretary may carry out projects to dredge underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors. (c) Justification The Secretary may carry out a project under this section if the Secretary determines that the cost of the project is reasonable in relation to the sum of— (1) the local or regional economic benefits; and (2) (A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; or (B) other social effects, including protection against loss of life and contributions to local or regional cultural heritage. (d) Cost share The non-Federal share of the cost of a project carried out under this section shall be determined in accordance with— (1) subsection (a), (b), (c), or (d), as applicable, of section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ), for any portion of the cost of the project allocated to flood or coastal storm risk management, ecosystem restoration, or recreation; and (2) section 101(b)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b)(1) ), for the portion of the cost of the project other than a portion described in paragraph (1). (e) Clarification The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project. (f) Federal participation limit The Federal share of the cost of a project under this section shall not exceed $10,000,000. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2026. (2) Special rule Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects that include the beneficial use of dredged material. (h) Savings provision Carrying out a project under this section shall not affect the eligibility of an underserved community harbor for Federal operation and maintenance funding otherwise authorized for the underserved community harbor. 117. Corps of Engineers Western Water Cooperative Committee (a) Findings Congress finds that— (1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 ) and section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ). (b) Establishment (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a Western Water Cooperative Committee (referred to in this section as the Cooperative Committee ). (2) Purpose The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. (3) Membership (A) In general The Cooperative Committee shall be composed of— (i) the Assistant Secretary of the Army for Civil Works (or a designee); (ii) the Chief of Engineers (or a designee); (iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State; (iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and (v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs. (4) Meetings (A) In general The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. (B) Available to public Each meeting of the Cooperative Committee shall be open and accessible to the public. (C) Notification The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee. (5) Duties The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and State water rights and water laws, which may include recommendations for legislation or the promulgation of policy or regulations. (6) Status updates (A) In general On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes— (i) a summary of the contents of meetings of the Cooperative Committee; and (ii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations. (B) Comment (i) In general Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion Comments provided under clause (i) shall be included in the report provided under subparagraph (A). (7) Compensation (A) In general Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. (B) Travel expenses The members of the Cooperative Committee shall be allowed 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, while away from their homes or regular places of business in the performance of services for the Cooperative Committee. (8) Maintenance of records The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years. 118. Updates to certain water control manuals On request of the Governor of State in which the Governor declared a statewide drought disaster in 2021, the Secretary is authorized to update water control manuals for waters in the State, with priority given to those waters that accommodate a water supply project. 119. Retention of recreation fees (a) In general Section 210(b) of the River and Harbor Act of 1968 ( 16 U.S.C. 460d–3(b) ) is amended— (1) by striking paragraph (4) and inserting the following: (4) Deposit into Treasury account All fees collected under this subsection shall— (A) be deposited in a special account in the Treasury; and (B) be available for use, without further appropriation, for the operation and maintenance of recreation sites and facilities under the jurisdiction of the Secretary of the Army, subject to the condition that not less than 80 percent of fees collected at a specific recreation site are utilized at that site. ; and (2) by adding at the end the following: (5) Supplement, not supplant Fees collected under this subsection— (A) shall be in addition to annual appropriated funding provided for the operation and maintenance of recreation sites and facilities under the jurisdiction of the Secretary of the Army; and (B) shall not be used as a basis for reducing annual appropriated funding for those purposes. . (b) Special accounts Amounts in the special account for the Corps of Engineers described in section 210(b)(4) of the River and Harbor Act of 1968 ( 16 U.S.C. 460d–3(b)(4) ) (as in effect on the day before the date of enactment of this Act) that are unobligated on that date shall— (1) be transferred to the special account established under section 210(b)(4) of the River and Harbor Act of 1968 ( 16 U.S.C. 460d–3(b)(4) ) (as amended by subsection (a)(1)); and (2) be available to the Secretary for operation and maintenance of any recreation sites and facilities under the jurisdiction of the Secretary, without further appropriation. 120. Relocation assistance In the case of a water resources development project using nonstructural measures for the elevation or modification of a dwelling that is the primary residence of an owner-occupant and that requires the owner-occupant to relocate temporarily from the dwelling during the period of construction, the Secretary may include in the value of the land, easements, and rights-of-way required for the project or measure the documented reasonable living expenses, excluding food and personal transportation, incurred by the owner-occupant during the period of relocation. 121. Reprogramming limits (a) Operations and maintenance In reprogramming funds made available to the Secretary for operations and maintenance— (1) the Secretary may not reprogram more than 25 percent of the base amount up to a limit of— (A) $8,500,000 for a project, study, or activity with a base level over $1,000,000; and (B) $250,000 for a project, study, or activity with a base level of $1,000,000 or less; and (2) $250,000 may be reprogrammed for any continuing study or activity of the Secretary that did not receive an appropriation. (b) Investigations In reprogramming funds made available to the Secretary for investigations— (1) the Secretary may not reprogram more than $150,000 for a project, study, or activity with a base level over $100,000; and (2) $150,000 may be reprogrammed for any continuing study or activity of the Secretary that did not receive an appropriation for existing obligations and concomitant administrative expenses. 122. Lease durations The Secretary shall issue guidance on, in the case of a leasing decision pursuant to section 2667 of title 10, United States Code, or section 4 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 889, chapter 665; 16 U.S.C. 460d ), instances in which a lease duration in excess of 25 years is appropriate. 123. Sense of Congress relating to post-disaster repairs It is the sense of Congress that in permitting and funding post-disaster repairs, the Secretary should, to the maximum extent practicable, repair assets— (1) to project design levels; or (2) if the original project design is outdated, to above project design levels. 124. Payment of pay and allowances of certain officers from appropriation for improvements Section 36 of the Act of August 10, 1956 (70A Stat. 634, chapter 1041; 33 U.S.C. 583a ), is amended— (1) by striking Regular officers of the Corps of Engineers of the Army, and reserve officers of the Army who are assigned to the Corps of Engineers, and inserting the following: (a) In general The personnel described in subsection (b) ; and (2) by adding at the end the following: (b) Personnel described The personnel referred to in subsection (a) are the following: (1) Regular officers of the Corps of Engineers of the Army. (2) The following members of the Army who are assigned to the Corps of Engineers: (A) Reserve component officers. (B) Warrant officers (whether regular or reserve component). (C) Enlisted members (whether regular or reserve component). . 125. Reforestation The Secretary is encouraged to consider measures to restore swamps and other wetland forests in studies for water resources development projects for ecosystem restoration and flood and coastal storm risk management. 126. Use of other Federal funds Section 2007 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2222 ) is amended— (1) by striking water resources study or project and inserting water resources development study or project, including a study or project under a continuing authority program (as defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d(c)(1)(D) )), ; and (2) by striking the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project and inserting the funds appropriated to the Federal agency are for a purpose that is similar or complementary to the purpose of the study or project . 127. National low-head dam inventory The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended by adding at the end the following: 15. National low-head dam inventory (a) Definitions In this section: (1) Inventory The term inventory means the national low-head dam inventory developed under subsection (b)(1). (2) Low-head dam The term low-head dam means a river-wide dam that generally spans a stream channel, blocking the waterway and creating a backup of water behind the dam, with a drop off over the wall of not less than 6 inches and not more than 25 feet. (3) Secretary The term Secretary means the Secretary of the Army. (b) National low-head dam inventory (1) In general Not later than 18 months after the date of enactment of this section, the Secretary, in consultation with the heads of appropriate Federal and State agencies, shall— (A) develop an inventory of low-head dams in the United States that includes— (i) the location, ownership, description, current use, condition, height, and length of each low-head dam; (ii) any information on public safety conditions at each low-head dam; (iii) public safety information on the dangers of low-head dams; (iv) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams; and (v) any other relevant information concerning low-head dams; and (B) submit the inventory to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (2) Data In carrying out this subsection, the Secretary shall— (A) coordinate with Federal and State agencies and other relevant entities; and (B) use data provided to the Secretary by those agencies. (3) Updates The Secretary, in consultation with appropriate Federal and State agencies, shall maintain and periodically publish updates to the inventory. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $30,000,000. (d) Clarification Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section. . 128. Transfer of excess credit Section 1020 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2223 ) is amended— (1) in subsection (a), by adding at the end the following: (3) Studies and projects with multiple non-Federal interests A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any of those non-Federal interests, subject to the condition that each non-Federal interest for the study or project for which the credit described in paragraph (1) is provided concurs in writing. ; (2) in subsection (b), by adding at the end the following: (3) Conditional approval of excess credit The Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost sharing agreement or project partnership agreement for that authorized study or project. ; (3) by striking subsection (d); and (4) by redesignating subsection (e) as subsection (d). 129. National levee restoration (a) Definition of rehabilitation Section 9002(13) of the Water Resources Development Act of 2007 ( 33 U.S.C. 3301(13) ) is amended— (1) by inserting , or improvement after removal ; and (2) by inserting , increase resiliency to extreme weather events, after flood risk . (b) Levee rehabilitation assistance program Section 9005(h) of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303a(h) ) is amended— (1) in paragraph (7), by striking $10,000,000 and inserting $25,000,000 ; and (2) by adding at the end the following: (11) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )). . 130. Inland waterways regional dredge pilot program Section 1111 of the America's Water Infrastructure Act of 2018 ( 33 U.S.C. 2326 note; Public Law 115–270 ) is amended by adding at the end the following: (e) Inland waterways regional dredge pilot program (1) In general The Secretary is authorized to establish a pilot program (referred to in this subsection as the pilot program ) to conduct a multiyear dredging demonstration program to award contracts with a duration of up to 5 years for projects on inland waterways. (2) Purposes The purposes of the pilot program shall be— (A) to increase the reliability, availability, and efficiency of federally-owned and federally-operated inland waterways projects; (B) to decrease operational risks across the inland waterways system; and (C) to provide cost-savings by combining work across multiple projects across different accounts of the Corps of Engineers. (3) Demonstration (A) In general The Secretary shall, to the maximum extent practicable, award contracts for projects on inland waterways that combine work across the Construction and Operation and Maintenance accounts of the Corps of Engineers. (B) Projects In awarding contracts under subparagraph (A), the Secretary shall consider projects that— (i) improve navigation reliability on inland waterways that are accessible year-round; (ii) increase freight capacity on inland waterways; and (iii) have the potential to enhance the availability of containerized cargo on inland waterways. (4) Savings clause Nothing in this subsection affects the responsibility of the Secretary with respect to the construction and operations and maintenance of projects on the inland waterways system. (5) Report to Congress Not later than 1 year after the date on which the first contract is awarded pursuant to the pilot program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates, with respect to the pilot program and any contracts awarded under the pilot program— (A) cost effectiveness; (B) reliability and performance; (C) cost savings attributable to mobilization and demobilization of dredge equipment; and (D) response times to address navigational impediments. (6) Sunset The authority of the Secretary to enter into contracts pursuant to the pilot program shall expire on the date that is 10 years after the date of enactment of this Act. . 131. Funding to process permits Section 214(a)(2) of the Water Resources Development Act of 2000 ( 33 U.S.C. 2352(a)(2) ) is amended— (1) by striking The Secretary and inserting the following: (A) In general The Secretary ; and (2) by adding at the end the following: (B) Multi-user mitigation bank instrument processing (i) In general An activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if— (I) the non-Federal public entity, public-utility company, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and (II) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph. (ii) Use of credits The use of credits generated by the mitigation bank established using expedited processing under clause (i) shall be limited to current and future projects and activities of the entity, company, or carrier described in subclause (I) of that clause for a public purpose, except that in the case of a non-Federal public entity, not more than 25 percent of the credits may be sold to other public and private entities. . 132. Non-Federal project implementation pilot program Section 1043(b) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2201 note; Public Law 113–121 ) is amended— (1) in paragraph (3), by inserting or discrete segment after separable element each place it appears; and (2) by adding at the end the following: (10) Definition of discrete segment In this subsection, the term discrete segment means a physical portion of a project or separable element that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof. . 133. Cost sharing for territories and Indian Tribes Section 1156 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2310 ) is amended by adding at the end the following: (c) Application to studies (1) Inclusion For purposes of this section, the term study includes watershed assessments. (2) Application The Secretary shall apply the waiver amount described in subsection (a) to reduce only the non-Federal share of study costs. . 134. Water supply conservation Section 1116 of the WIIN Act (130 Stat. 1639) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking during the 1-year period ending on the date of enactment of this Act and inserting for at least 2 years during the 10-year period preceding a request from a non-Federal interest for assistance under this section ; and (2) in subsection (b)(4), by inserting , including measures utilizing a natural feature or nature-based feature (as those terms are defined in section 1184(a)) to reduce drought risk after water supply . 135. Criteria for funding operation and maintenance of small, remote, and subsistence harbors (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small, remote, and subsistence harbors, taking into account the criteria provided in the joint explanatory statement of managers accompanying division D of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1352). (b) Inclusion in guidance The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary. (c) Report to Congress For fiscal year 2024, and biennially thereafter, in conjunction with the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives a report that identifies the ranking of projects in accordance with the criteria developed under subsection (a). 136. Protection of lighthouses Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) is amended by inserting lighthouses, including those lighthouses with historical value, after schools, . 137. Expediting hydropower at Corps of Engineers facilities Section 1008 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2321b ) is amended— (1) in subsection (b)(1), by inserting and to meet the requirements of subsection (b) after projects ; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: (b) Implementation of policy The Secretary shall— (1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and (2) assess opportunities— (A) to increase the development of hydroelectric power at existing hydroelectric water resources development projects of the Corps of Engineers; and (B) to develop new hydroelectric power at nonpowered water resources development projects of the Corps of Engineers. . 138. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities (a) Definition of eligible public recreation facility In this section, the term eligible public recreation facility means a facility at a reservoir operated by the Corps of Engineers that— (1) was constructed to enable public use of and access to the reservoir; and (2) requires repair, restoration, or rehabilitation to function. (b) Authorization During a period of low water at an eligible public recreation facility, the Secretary is authorized— (1) to accept and use materials, services, and funds from a non-Federal interest to repair, restore, or rehabilitate the facility; and (2) to reimburse the non-Federal interest for the Federal share of the materials, services, or funds. (c) Requirement The Secretary may not reimburse a non-Federal interest for the use of materials or services accepted under this section unless the materials or services— (1) meet the specifications of the Secretary; and (2) comply with all applicable laws and regulations that would apply if the materials and services were acquired by the Secretary, including subchapter IV of chapter 31 and chapter 37 of title 40, United States Code, section 8302 of title 41, United States Code, and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (d) Agreement Before the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest shall enter into an agreement that— (1) specifies that the non-Federal interest shall hold and save the United States free from any and all damages that arise from use of materials or services of the non-Federal interest, except for damages due to the fault or negligence of the United States or its contractors; (2) requires that the non-Federal interest shall certify that the materials or services comply with all applicable laws and regulations under subsection (c); and (3) includes any other term or condition required by the Secretary. 139. Dredged material management plans (a) In general The Secretary shall prioritize implementation of section 125(c) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2326h ) at federally authorized harbors in the State of Ohio. (b) Requirements Each dredged material management plan prepared by the Secretary under section 125(c) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2326h ) for a federally authorized harbor in the State of Ohio shall— (1) include, in the baseline conditions, an annual prohibition on use of funding for open-lake disposal of dredged material; and (2) maximize beneficial use of dredged material under the base plan and under section 204(d) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(d) ). (c) Savings provision This section does not— (1) impose a prohibition on use of funding for open-lake disposal of dredged material; or (2) require the development or implementation of a dredged material management plan in accordance with subsection (b) if use of funding for open-lake disposal is not otherwise prohibited by law. 140. Lease deviations The Secretary shall fully implement the requirements of section 153 of the Water Resources Development Act of 2020 (134 Stat. 2658). 141. Columbia River Basin flood risk management (a) In general The Secretary is encouraged to utilize all existing authorities of the Secretary to facilitate— (1) the renegotiation of the Treaty Relating to Cooperative Development of the Water Resources of the Columbia River Basin, signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638); and (2) the execution of the obligations of the United States under the Treaty described in paragraph (1). (b) Status updates Not later than 90 days after the enactment of this Act and not less frequently than biannually thereafter, the Secretary shall update the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on— (1) the status of activities carried out by the Secretary under subsection (a); and (2) any recommendations for legislation to authorize the Secretary to carry out additional activities for the purposes described in subsection (a). (c) Expiration The requirements of subsection (b) shall terminate on the date that is not later than 1 year after ratification of any successor treaty to the Treaty described in subsection (a)(1). 142. Continuation of construction (a) In general The Secretary shall not include the amount of Federal obligations incurred and non-Federal contributions provided for an authorized water resources development project during the period beginning on the date of enactment of this Act and ending on September 30, 2025, for purposes of determining if the cost of the project exceeds the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ). (b) Continuation of construction (1) In general The Secretary shall not, solely on the basis of section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 )— (A) defer the initiation or continuation of construction of a water resources development project during the period described in subsection (a); or (B) terminate a contract for design or construction of a water resources development project entered into during the period described in subsection (a) after expiration of that period. (2) Resumption of construction The Secretary shall resume construction of any water resources development project for which construction was deferred on the basis of section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ) during the period beginning on October 1, 2021, and ending on the date of enactment of this Act. (c) Statutory construction Nothing in this section waives the obligation of the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a post-authorization change report recommending an increase in the authorized cost of a project if the project otherwise would exceed the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ). II Studies and reports 201. Authorization of feasibility studies (a) In general The Secretary is authorized to investigate the feasibility of the following projects: (1) Project for ecosystem restoration, Mill Creek Levee and Walla Walla River, Oregon. (2) Project for flood risk management and ecosystem restoration, Tittabawassee River, Chippewa River, Pine River, and Tobacco River, Michigan. (3) Project for flood risk management, Southeast Michigan. (4) Project for flood risk management, McMicken Dam, Arizona. (5) Project for flood risk management, Ellicott City and Howard County, Maryland. (6) Project for flood risk management, Ten Mile River, North Attleboro, Massachusetts. (7) Project for flood risk management and water supply, Fox-Wolf Basin, Wisconsin. (8) Project for flood risk management and ecosystem restoration, Thatchbed Island, Essex, Connecticut. (9) Project for flood and coastal storm risk management, Cape Fear River Basin, North Carolina. (10) Project for flood risk management, Lower Clear Creek and Dickinson Bayou, Texas. (11) Project for flood risk management and ecosystem restoration, the Resacas, Hidalgo and Cameron Counties, Texas. (12) Project for flood risk management, including levee improvement, Papillion Creek, Nebraska. (13) Project for flood risk management, Offutt Ditch Pump Station, Nebraska. (14) Project for flood risk management, navigation, and ecosystem restoration, Mohawk River Basin, New York. (15) Project for coastal storm risk management, Waikiki Beach, Hawaii. (16) Project for ecosystem restoration and coastal storm risk management, Cumberland and Sea Islands, Georgia. (17) Project for flood risk management, Wailupe Stream watershed, Hawaii. (18) Project for flood and coastal storm risk management, Hawaii County, Hawaii. (19) Project for coastal storm risk management, Maui County, Hawaii. (20) Project for flood risk management, Sarpy County, Nebraska. (21) Project for aquatic ecosystem restoration, including habitat for endangered salmon, Columbia River Basin. (22) Project for ecosystem restoration, flood risk management, and recreation, Newport, Kentucky. (23) Project for flood risk management and water supply, Jenkins, Kentucky. (24) Project for flood risk management, including riverbank stabilization, Columbus, Kentucky. (25) Project for flood and coastal storm risk management, navigation, and ecosystem restoration, South Shore, Long Island, New York. (26) Project for flood risk management, coastal storm risk management, navigation, ecosystem restoration, and water supply, Blind Brook, New York. (27) Project for navigation, Cumberland River, Kentucky. (b) Project modifications The Secretary is authorized to investigate the feasibility of the following modifications to the following projects: (1) Modifications to the project for navigation, South Haven Harbor, Michigan, for turning basin improvements. (2) Modifications to the project for navigation, Rollinson Channel and channel from Hatteras Inlet to Hatteras, North Carolina, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1174), to incorporate the ocean bar. (3) Modifications to the project for flood control, Saint Francis River Basin, Missouri and Arkansas, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 172, chapter 188), to provide flood risk management for the tributaries and drainage of Straight Slough, Craighead, Poinsett, and Cross Counties, Arkansas. (4) Modifications to the project for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366), consistent with the City of Cedar Rapids, Iowa, Cedar River Flood Control System Master Plan. (5) Modifications to the project for navigation, Norfolk Harbor and Channels, Virginia, for Anchorage F modifications. (6) Modifications to the project for navigation, Savannah Harbor, Georgia, without evaluation of additional deepening. (7) Modifications to the project for navigation, Honolulu Harbor, Hawaii, for navigation improvements and coastal storm risk management. (8) Modifications to the project for navigation, Port of Ogdensburg, New York, including deepening. (9) Modifications to the Huntington Local Protection Project, Huntington, West Virginia. 202. Special rules (a) The studies authorized by paragraphs (12) and (13) of section 201(a) shall be considered a continuation of the study that resulted in the Chief’s Report for the project for Papillion Creek and Tributaries Lakes, Nebraska, signed January 24, 2022. (b) The study authorized by section 201(a)(17) shall be considered a resumption and a continuation of the general reevaluation initiated on December 30, 2003. (c) In carrying out the study authorized by section 201(a)(25), the Secretary shall study the South Shore of Long Island, New York, as a whole system, including inlets that are Federal channels. (d) The studies authorized by section 201(b) shall be considered new phase investigations afforded the same treatment as a general reevaluation. 203. Expedited completion of studies (a) Feasibility reports The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project: (1) Modifications to the project for flood risk management, North Adams, Massachusetts, authorized by section 5 of the Act of June 22, 1936 (commonly known as the Flood Control Act of 1936 ) (49 Stat. 1572, chapter 688; 33 U.S.C. 701h ), and section 3 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 639, chapter 377), for flood risk management and ecosystem restoration. (2) Project for coastal storm risk management, Charleston Peninsula, South Carolina. (3) Project for flood and coastal storm risk management and ecosystem restoration, Boston North Shore, Revere, Saugus, Lynn, Maiden, and Everett, Massachusetts. (4) Project for flood risk management, De Soto County, Mississippi. (5) Project for coastal storm risk management, Chicago shoreline, Illinois. (6) Project for flood risk management, Cave Buttes Dam, Arizona. (7) Project for flood and coastal storm risk management, Chelsea, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969. (8) Project for ecosystem restoration, Herring River Estuary, Barnstable County, Massachusetts, authorized by a study resolution of the Committee on Transportation and Infrastructure of the House of Representatives dated July 23, 1997. (9) Project for coastal storm risk management, ecosystem restoration, and navigation, Nauset Barrier Beach and inlet system, Chatham, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969. (10) Project for flood risk management, East Hartford Levee System, Connecticut. (11) Project for flood risk management, Rahway, New Jersey, authorized by section 336 of the Water Resources Development Act of 2020 (134 Stat. 2712). (12) New York and New Jersey Harbor Channel Deepening Improvements, New York and New Jersey. (13) Project for coastal storm risk management, Sea Bright to Manasquan, New Jersey. (14) Project for coastal storm risk management, Raritan Bay and Sandy Hook Bay, New Jersey. (15) Tacoma Harbor Navigation Improvement Project, Washington. (16) Project for coastal storm risk management, South Central Coastal Louisiana, Louisiana. (17) Project for coastal storm risk management, St. Tammany Parish, Louisiana. (18) Project for ecosystem restoration, Fox River, Illinois, authorized by section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653). (19) Project for ecosystem restoration, Chicago River, Illinois. (20) Project for ecosystem restoration, Three Forks of Beargrass Creek, Kentucky. (21) Project for ecosystem restoration, Lake Okeechobee, Florida. (22) Project for ecosystem restoration, Western Everglades, Florida. (23) Modifications to the project for navigation, Hilo Harbor, Hawaii. (24) Project for flood risk management, Kanawha River Basin, West Virginia, Virginia, North Carolina. (25) Modifications to the project for navigation, Auke Bay, Alaska. (b) Post-authorization change reports The Secretary shall expedite completion of a post-authorization change report for the following projects: (1) Project for ecosystem restoration, Tres Rios, Arizona, authorized by section 101(b)(4) of the Water Resources Development Act of 2000 (114 Stat. 2577). (2) Project for coastal storm risk management, Surf City and North Topsail Beach, North Carolina, authorized by section 7002(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1367). (3) Project for water supply and ecosystem restoration, Howard A. Hanson Dam, Washington, authorized by section 101(b)(15) of the Water Resources Development Act of 1999 (113 Stat. 281). (4) Project for ecosystem restoration, Central and Southern Florida, Indian River Lagoon, Florida, authorized by section 1001(14) of the Water Resources Development Act of 2007 (121 Stat. 1051). (c) Watershed and river basin assessments The Secretary shall expedite the completion of the following assessments under section 729 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2267a ): (1) Great Lakes Coastal Resiliency Study, Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. (2) Ouachita-Black Rivers, Arkansas and Louisiana. (3) Project for watershed assessment, Hawaii County, Hawaii. (d) Disposition study The Secretary shall expedite the completion of the disposition study for the Los Angeles County Drainage Area under section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a ). 204. Studies for periodic nourishment (a) In general Section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f )) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking 15 and inserting 50 ; and (B) in paragraph (2), by striking 15 ; (2) in subsection (e)— (A) by striking 10-year period and inserting 16-year period ; and (B) by striking 6 years and inserting 12 years ; and (3) by adding at the end the following: (f) Treatment of studies A study carried out under subsection (b) shall be considered a new phase investigation afforded the same treatment as a general reevaluation. . (b) Indian River Inlet Sand Bypass Plant For purposes of the project for coastal storm risk management, Delaware Coast Protection, Delaware (commonly known as the Indian River Inlet Sand Bypass Plant ), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), a study carried out under section 156(b) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(b)) shall consider as an alternative for periodic nourishment continued reimbursement of the Federal share of the cost to the non-Federal interest for the project to operate and maintain a sand bypass plant. 205. NEPA reporting (a) Definitions In this section: (1) Categorical exclusion The term categorical exclusion has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (2) Environmental assessment The term environmental assessment has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (3) Environmental impact statement The term environmental impact statement means a detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (4) Finding of no significant impact The term finding of no significant impact has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (5) NEPA process (A) In general The term NEPA process has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (B) Period For purposes of subparagraph (A), the NEPA process— (i) begins on the date on which the Secretary initiates a project study; and (ii) ends on the date on which the Secretary issues, with respect to the project study— (I) a record of decision, including, if necessary, a revised record of decision; (II) a finding of no significant impact; or (III) a categorical exclusion under title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ). (6) Project study The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) for which a categorical exclusion, an environmental assessment, or an environmental impact statement is required pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (b) Reports (1) NEPA data (A) In general The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in subparagraph (B). (B) Information described The information referred to in subparagraph (A) is, with respect to the Corps of Engineers— (i) the number of project studies for which a categorical exclusion was used during the reporting period; (ii) the number of project studies for which the decision to use a categorical exclusion, to prepare an environmental assessment, or to prepare an environmental impact statement is pending on the date on which the report is submitted; (iii) the number of project studies for which an environmental assessment was issued during the reporting period, broken down by whether a finding of no significant impact, if applicable, was based on mitigation; (iv) the length of time the Corps of Engineers took to complete each environmental assessment described in clause (iii); (v) the number of project studies pending on the date on which the report is submitted for which an environmental assessment is being drafted; (vi) the number of project studies for which an environmental impact statement was issued during the reporting period; (vii) the length of time the Corps of Engineers took to complete each environmental impact statement described in clause (vi); and (viii) the number of project studies pending on the date on which the report is submitted for which an environmental impact statement is being drafted. (2) Public access to NEPA reports The Secretary shall make publicly available each annual report required under paragraph (1). 206. GAO audit of projects over budget or behind schedule (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the factors and conditions for each ongoing water resources development project carried out by the Secretary for which— (1) the current estimated total project cost of the project exceeds the original estimated total project cost of the project by not less than $50,000,000; or (2) the current estimated completion date of the project exceeds the original estimated completion date of the project by not less than 5 years. (b) Report The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a). 207. GAO study on project distribution (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct an analysis of the geographic distribution of annual and supplemental funding for water resources development projects carried out by the Secretary over the previous 10 fiscal years and the factors that have led to that distribution. (b) Report The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the analysis under subsection (a). 208. GAO audit of joint costs for operations and maintenance (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the practices of the Corps of Engineers with respect to the determination of joint costs associated with operations and maintenance of reservoirs owned and operated by the Secretary. (b) Report The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review. 209. GAO review of Corps of Engineers mitigation practices (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out a review of the water resources development project mitigation practices of the Corps of Engineers. (b) Content The review under subsection (a) shall include an evaluation of— (1) the implementation by the Corps of Engineers of the final rule issued on April 10, 2008, entitled Compensatory Mitigation for Losses of Aquatic Resources (73 Fed. Reg. 19594), including, at a minimum— (A) the extent to which the final rule is consistently implemented by the districts of the Corps of Engineers; and (B) the performance of each of the mitigation mechanisms included in the final rule; and (2) opportunities to utilize alternative methods to satisfy mitigation requirements of water resources development projects, including, at a minimum, performance-based contracts. (c) Report The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review. (d) Definition of performance-based contract In this section, the term performance-based contract means a procurement mechanism by which the Corps of Engineers contracts with a public or private non-Federal entity for a specific mitigation outcome requirement, with payment to the entity linked to delivery of verifiable and successful mitigation performance. 210. Sabine–Neches Waterway Navigation Improvement project, Texas The Secretary shall expedite the review and coordination of the feasibility study for the project for navigation, Sabine–Neches Waterway, Texas, under section 203(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231(b) ). 211. Great Lakes recreational boating Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare, at full Federal expense, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report updating the findings of the report on the economic benefits of recreational boating in the Great Lakes basin prepared under section 455(c) of the Water Resources Development Act of 1999 ( 42 U.S.C. 1962d–21(c) ). 212. Upper St. Johns River Basin, Central and Southern Florida (a) In general On request and at the expense of the St. Johns River Water Management District, the Secretary shall evaluate the effects of deauthorizing the southernmost 3.5-mile reach of the L–73 levee, Section 2, Osceola County, Florida, on the functioning of the project for flood control and other purposes, Upper St. Johns River Basin, Central and Southern Florida, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176). (b) Report In carrying out the evaluation under subsection (a), the Secretary shall— (1) prepare a report that includes the results of the evaluation, including— (A) the advisability of deauthorizing the levee described in that subsection; and (B) any recommendations for conditions that should be placed on a deauthorization to protect the interests of the United States and the public; and (2) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the report under paragraph (1) as part of the annual report submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ). 213. Investments for recreation areas (a) Findings Congress finds the following: (1) The Corps of Engineers operates more recreation areas than any other Federal or State agency, apart from the Department of Interior. (2) Nationally, visitors to nearly 600 dams and lakes, managed by the Corps of Engineers, spend an estimated $12,000,000,000 per year and support 500,000 jobs. (3) Lakes managed by the Corps of Engineers are economic drivers that support rural communities. (b) Sense of Congress It is the sense of Congress that the Corps of Engineers should use all available authorities to promote and enhance development and recreational opportunities at lakes that are part of authorized civil works projects under the administrative jurisdiction of the Corps of Engineers. (c) Report Not later than 180 days after the enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on investments needed to support recreational activities that are part of authorized water resources development projects under the administrative jurisdiction of the Corps of Engineers. (d) Requirements The report under subsection (c) shall include— (1) a list of deferred maintenance projects, including maintenance projects relating to recreational facilities, sites, and associated access roads; (2) a plan to fund the projects described in paragraph (1) over the 5-year period following the date of enactment of this Act; (3) a description of efforts made by the Corps of Engineers to coordinate investments in recreational facilities, sites, and associated access roads with— (A) State and local governments; or (B) private entities; and (4) an assessment of whether the modification of Federal contracting requirements could accelerate the availability of funds for the projects described in paragraph (1). 214. Western infrastructure study (a) Definitions of natural feature and nature-based feature In this section, the terms natural feature and nature-based feature have the meanings given those terms in section 1184(a) of the WIIN Act ( 33 U.S.C. 2289a(a) ). (b) Comprehensive study The Secretary shall conduct a comprehensive study (referred to in this section as the study ) to evaluate the effectiveness of carrying out additional measures, including measures that utilize natural features or nature-based features at or upstream of reservoirs for the purposes of— (1) sustaining operations in response to changing hydrological and climatic conditions; (2) mitigating the risk of drought or floods, including the loss of storage capacity due to sediment accumulation; (3) increasing water supply; or (4) aquatic ecosystem restoration. (c) Study focus In conducting the study, the Secretary shall include all reservoirs owned and operated by the Secretary and reservoirs for which the Secretary has flood control responsibilities under section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 890, chapter 665; 33 U.S.C. 709 ), in the South Pacific Division of the Corps of Engineers. (d) Consultation and use of existing data (1) Consultation In conducting the study, the Secretary shall consult with applicable— (A) Federal, State, and local agencies; (B) Indian Tribes; (C) non-Federal interests; and (D) other stakeholders, as determined appropriate by the Secretary. (2) Use of existing data and prior studies To the maximum extent practicable and where appropriate, the Secretary may— (A) use existing data provided to the Secretary by entities described in paragraph (1); and (B) incorporate— (i) relevant information from prior studies and projects carried out by the Secretary; and (ii) the latest technical data and scientific approaches with respect to changing hydrological and climatic conditions. (e) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— (1) the results of the study; and (2) any recommendations on site-specific areas where additional study is recommended by the Secretary. (f) Savings provision Nothing in this section provides authority to the Secretary to change the authorized purposes at any of the reservoirs described in subsection (c). 215. Upper Mississippi River and Illinois Waterway System Section 8004(g) of the Water Resources Development Act of 2007 ( 33 U.S.C. 652 note; Public Law 110–114 ) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: (2) Report on water level management Not later than 1 year after the date of enactment of the Water Resources Development Act of 2022 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report on opportunities to expand the use of water level management on the Upper Mississippi River and Illinois Waterway System for the purpose of ecosystem restoration. . 216. West Virginia hydropower (a) In general For water resources development projects described in subsection (b), the Secretary is authorized— (1) to evaluate the feasibility of modifications to such projects for the purposes of adding Federal hydropower or energy storage development; and (2) to grant approval for the use of such projects for non-Federal hydropower or energy storage development in accordance with section 14 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1152, chapter 425; 33 U.S.C. 408 ). (b) Projects described The projects referred to in subsection (a) are the following: (1) Sutton Dam, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688). (2) Hildebrand Lock and Dam, Monongahela County, West Virginia, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 166, chapter 188). (3) Bluestone Lake, Summers County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688). (4) R.D. Bailey Dam, Wyoming County, West Virginia, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1188). (5) Stonewall Jackson Dam, Lewis County, West Virginia, authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1421). (6) East Lynn Dam, Wayne County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688). (7) Burnsville Lake, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688). (c) Demonstration projects The authority for facility modifications under subsection (a) includes demonstration projects. 217. Recreation and economic development at Corps facilities in Appalachia (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to implement the recreational and economic development opportunities identified by the Secretary in the report prepared under section 206 of the Water Resources Development Act of 2020 (134 Stat. 2680) at Corps of Engineers facilities located within a distressed or at-risk county (as described in subsection (a)(1) of that section) in Appalachia. (b) Considerations In preparing the plan under subsection (a), the Secretary shall consider options for Federal funding, partnerships, and outgrants to Federal, State, and local governments, nonprofit organizations, and commercial businesses. 218. Automated fee machines For the purpose of mitigating adverse impacts to public access to outdoor recreation, to the maximum extent practicable, the Secretary shall consider alternatives to the use of automated fee machines for the collection of fees for the use of developed recreation sites and facilities in West Virginia. 219. Lake Champlain Canal, Vermont and New York Section 5146 of the Water Resources Development Act of 2007 (121 Stat. 1255) is amended by adding at the end the following: (c) Clarifications (1) In general At the request of the non-Federal interest for the study of the Lake Champlain Canal Aquatic Invasive Species Barrier carried out under section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652), the Secretary shall scope the phase II portion of that study to satisfy the feasibility determination under subsection (a). (2) Dispersal barrier A dispersal barrier constructed, maintained, or operated under this section may include— (A) physical hydrologic separation; (B) nonstructural measures; (C) deployment of technologies; (D) buffer zones; or (E) any combination of the approaches described in subparagraphs (A) through (D). . 220. Report on concessionaire practices (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on concessionaire lease practices by the Corps of Engineers. (b) Inclusions The report under subsection (a) shall include, at a minimum— (1) an assessment of the reasonableness of the formula of the Corps of Engineers for calculating concessionaire rental rates, taking into account the operating margins for sales of food and fuel; and (2) the process for assessing administrative fees to concessionaires across districts of the Corps of Engineers. III Deauthorizations, modifications, and related provisions 301. Additional assistance for critical projects (a) Atlanta, Georgia Section 219(e)(5) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended by striking $25,000,000 and inserting $75,000,000 . (b) Eastern Shore and Southwest Virginia Section 219(f)(10)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended— (1) by striking $20,000,000 and inserting $52,000,000 ; and (2) by striking Accomac and inserting Accomack . (c) Lakes Marion and Moultrie, South Carolina Section 219(f)(25) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 130 Stat. 1677; 134 Stat. 2719) is amended by striking $110,000,000 and inserting $151,500,000 . (d) Lake County, Illinois Section 219(f)(54) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–221) is amended— (1) in the paragraph heading, by striking Cook County and inserting Cook County and Lake County ; and (2) by striking $35,000,000 and inserting $100,000,000 . (e) Madison and St. Clair Counties, Illinois Section 219(f)(55) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–221; 134 Stat. 2718) is amended by striking $45,000,000 and inserting $100,000,000 . (f) Calaveras County, California Section 219(f)(86) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking $3,000,000 and inserting $13,280,000 . (g) Los Angeles County, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking paragraph (93) and inserting the following: (93) Los Angeles County, California (A) In general $38,000,000 for wastewater and water related infrastructure, Los Angeles County, California. (B) Eligibility The Water Replenishment District of Southern California may be eligible for assistance under this paragraph. . (h) Michigan Section 219(f)(157) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1262) is amended— (1) by striking $35,000,000 for and inserting the following: (A) In general $85,000,000 for ; and (2) by adding at the end the following: (B) Additional projects Amounts made available under subparagraph (A) may be used for design and construction projects for water-related environmental infrastructure and resource protection and development projects in Michigan, including for projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development. . (i) Myrtle Beach and vicinity, South Carolina Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (250) and inserting the following: (250) Myrtle Beach and vicinity, South Carolina $31,000,000 for environmental infrastructure, including ocean outfalls, Myrtle Beach and vicinity, South Carolina. . (j) North Myrtle Beach and vicinity, South Carolina Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (251) and inserting the following: (251) North Myrtle Beach and vicinity, South Carolina $74,000,000 for environmental infrastructure, including ocean outfalls, North Myrtle Beach and vicinity, South Carolina. . (k) Horry County, South Carolina Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended by adding at the end the following: (274) Horry County, South Carolina $19,000,000 for environmental infrastructure, including ocean outfalls, Horry County, South Carolina. . (l) Lane County, Oregon Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (k)) is amended by adding at the end the following: (275) Lane County, Oregon $20,000,000 for environmental infrastructure, Lane County, Oregon. . (m) Placer County, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (l)) is amended by adding at the end the following: (276) Placer County, California $21,000,000 for environmental infrastructure, Placer County, California. . (n) Alameda County, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (m)) is amended by adding at the end the following: (277) Alameda County, California $20,000,000 for environmental infrastructure, Alameda County, California. . (o) Temecula City, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (n)) is amended by adding at the end the following: (278) Temecula City, California $18,000,000 for environmental infrastructure, Temecula City, California. . (p) Yolo County, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (o)) is amended by adding at the end the following: (279) Yolo County, California $6,000,000 for environmental infrastructure, Yolo County, California. . (q) Clinton, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (p)) is amended by adding at the end the following: (280) Clinton, Mississippi $13,600,000 for environmental infrastructure, Clinton, Mississippi. . (r) Oxford, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (q)) is amended by adding at the end the following: (281) Oxford, Mississippi $10,000,000 for environmental infrastructure, Oxford, Mississippi. . (s) Madison County, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (r)) is amended by adding at the end the following: (282) Madison County, Mississippi $10,000,000 for environmental infrastructure, Madison County, Mississippi. . (t) Rankin County, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (s)) is amended by adding at the end the following: (283) Rankin County, Mississippi $10,000,000 for environmental infrastructure, Rankin County, Mississippi. . (u) Meridian, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (t)) is amended by adding at the end the following: (284) Meridian, Mississippi $10,000,000 for wastewater infrastructure, Meridian, Mississippi. . (v) Delaware Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (u)) is amended by adding at the end the following: (285) Delaware $50,000,000 for sewer, stormwater system improvements, storage treatment, environmental restoration, and related water infrastructure, Delaware. . (w) Queens, New York Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (v)) is amended by adding at the end the following: (286) Queens, New York $20,000,000 for the design and construction of stormwater management and improvements to combined sewer overflows to reduce the risk of flood impacts, Queens, New York. . (x) Georgia Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (w)) is amended by adding at the end the following: (287) Georgia $75,000,000 for environmental infrastructure, Baldwin County, Bartow County, Floyd County, Haralson County, Jones County, Gilmer County, Towns County, Warren County, Lamar County, Lowndes County, Troup County, Madison County, Toombs County, Dade County, Bulloch County, Gordon County, Walker County, Dooly County, Butts County, Clarke County, Crisp County, Newton County, Bibb County, Baker County, Barrow County, Oglethorpe County, Peach County, Brooks County, Carroll County, Worth County, Jenkins County, Wheeler County, Calhoun County, Randolph County, Wilcox County, Stewart County, Telfair County, Clinch County, Hancock County, Ben Hill County, Jeff Davis County, Chattooga County, Lanier County, Brantley County, Charlton County, Tattnall County, Emanuel County, Mitchell County, Turner County, Bacon County, Terrell County, Macon County, Ware County, Bleckley County, Colquitt County, Washington County, Berrien County, Coffee County, Pulaski County, Cook County, Atkinson County, Candler County, Taliaferro County, Evans County, Johnson County, Irwin County, Dodge County, Jefferson County, Appling County, Taylor County, Wayne County, Clayton County, Decatur County, Schley County, Sumter County, Early County, Webster County, Clay County, Upson County, Long County, Twiggs County, Dougherty County, Quitman County, Meriwether County, Stephens County, Wilkinson County, Murray County, Wilkes County, Elbert County, McDuffie County, Heard County, Marion County, Talbot County, Laurens County, Montgomery County, Echols County, Pierce County, Richmond County, Chattahoochee County, Screven County, Habersham County, Lincoln County, Burke County, Liberty County, Tift County, Polk County, Glascock County, Grady County, Jasper County, Banks County, Franklin County, Whitfield County, Treutlen County, Crawford County, Hart County, Georgia. . (y) Maryland Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (x)) is amended by adding at the end the following: (288) Maryland $100,000,000 for water, wastewater, and other environmental infrastructure, Maryland. . (z) Milwaukee metropolitan area, Wisconsin Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (y)) is amended by adding at the end the following: (289) Milwaukee metropolitan area, Wisconsin $4,500,000 for water-related infrastructure, resource protection and development, stormwater management, and reduction of combined sewer overflows, Milwaukee metropolitan area, Wisconsin. . (aa) Hawaii Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (z)) is amended by adding at the end the following: (290) Hawaii $75,000,000 for water-related infrastructure, resource protection and development, wastewater treatment, water supply, urban storm water conveyance, environmental restoration, and surface water protection and development, Hawaii. . (bb) Alabama Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (aa)) is amended by adding at the end the following: (291) Alabama $50,000,000 for water, wastewater, and other environmental infrastructure, Alabama. . (cc) Mississippi Section 592(g) of the Water Resources Development Act of 1999 (113 Stat. 380; 123 Stat. 2851) is amended by striking $200,000,000 and inserting $300,000,000 . (dd) Central New Mexico Section 593(h) of the Water Resources Development Act of 1999 (113 Stat. 381; 119 Stat. 2255) is amended by striking $50,000,000 and inserting $100,000,000 . (ee) North Dakota and Ohio Section 594 of the Water Resources Development Act of 1999 (113 Stat. 381; 121 Stat. 1140; 121 Stat. 1944) is amended by adding at the end the following: (i) Authorization of additional appropriations In addition to amounts authorized under subsection (h), there is authorized to be appropriated to carry out this section $100,000,000, to be divided between the States referred to in subsection (a). . (ff) Western rural water Section 595(i) of the Water Resources Development Act of 1999 (113 Stat. 383; 134 Stat. 2719) is amended— (1) in paragraph (1), by striking $435,000,000 and inserting $490,000,000 ; and (2) in paragraph (2), by striking $150,000,000 and inserting $200,000,000 . (gg) Lake Champlain Watershed, Vermont and New York Section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150) is amended— (1) in subsection (b)(2)(C), by striking planning and inserting clean water infrastructure planning, design, and construction ; and (2) in subsection (g), by striking $32,000,000 and inserting $100,000,000 . (hh) Texas Section 5138 of the Water Resources Development Act of 2007 (121 Stat. 1250) is amended— (1) in subsection (b), by striking , as identified by the Texas Water Development Board ; (2) in subsection (e)(3), by inserting and construction after design work ; (3) by redesignating subsection (g) as subsection (i); and (4) by inserting after subsection (f) the following: (g) Nonprofit entities In accordance with section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any project carried out under this section, a non-Federal interest may include a nonprofit entity with the consent of the affected local government. (h) Corps of Engineers expenses Not more than 10 percent of the amounts made available to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense. . 302. Southern West Virginia (a) In general Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended— (1) in the section heading, by striking environmental restoration infrastructure and resource protection development pilot program ; and (2) by striking subsection (f) and inserting the following: (f) Definition of southern West Virginia In this section, the term southern West Virginia means the counties of Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming, West Virginia. . (b) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 (106 Stat. 4799) is amended by striking the item relating to section 340 and inserting the following: Sec. 340. Southern West Virginia. . 303. Northern West Virginia (a) In general Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended— (1) in the section heading, by striking Central and inserting Northern ; (2) by striking subsection (a) and inserting the following: (a) Definition of northern West Virginia In this section, the term northern West Virginia means the counties of Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and Wood, West Virginia. ; (3) in subsection (b), by striking central and inserting northern ; and (4) in subsection (c), by striking central and inserting northern . (b) Clerical amendment The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 571 and inserting the following: Sec. 571. Northern West Virginia. . 304. Local cooperation agreements, northern West Virginia Section 219(f)(272) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended— (1) by striking $20,000,000 for water and wastewater and inserting the following: (A) In general $20,000,000 for water and wastewater ; and (2) by adding at the end the following: (B) Local cooperation agreements Notwithstanding subsection (a), at the request of a non-Federal interest for a project or a separable element of a project that receives assistance under this paragraph, the Secretary may adopt a model agreement developed in accordance with section 571(e) of the Water Resources Development Act of 1999 (113 Stat. 371). . 305. Special rule for certain beach nourishment projects (a) In general In the case of a water resources development project described in subsection (b), the Secretary shall— (1) fund, at full Federal expense, any incremental increase in cost to the project that results from a legal requirement to use a borrow source determined by the Secretary to be other than the least-cost option; and (2) exclude the cost described in paragraph (1) from the cost-benefit analysis for the project. (b) Authorized water resources development projects described An authorized water resources development project referred to in subsection (a) is any of the following: (1) The Townsends Inlet to Cape May Inlet, New Jersey, coastal storm risk management project, authorized by section 101(a)(26) of the Water Resources Development Act of 1999 (113 Stat. 278). (2) The Folly Beach, South Carolina, coastal storm risk management project, authorized by section 501(a) of the Water Resources Development Act of 1986 (100 Stat. 4136) and modified by section 108 of the Energy and Water Development Appropriations Act, 1992 (105 Stat. 520). (3) The Carolina Beach and Vicinity, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741). (4) The Wrightsville Beach, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741). (5) A project for coastal storm risk management for any shore included in a project described in this subsection that is specifically authorized by Congress on or after the date of enactment of this Act. (6) Emergency repair and restoration of any project described in this subsection under section 5 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n ). (c) Savings provision Nothing in this section limits the eligibility for, or availability of, Federal expenditures or financial assistance for any water resources development project, including any beach nourishment or renourishment project, under any other provision of Federal law. 306. Coastal community flood control and other purposes Section 103(k)(4) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(k)(4) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking Notwithstanding and inserting the following: (A) In general Notwithstanding ; (3) in subparagraph (A) (as so redesignated)— (A) in clause (i) (as so redesignated)— (i) by striking $200 million and inserting $200,000,000 ; and (ii) by striking and at the end; (B) in clause (ii) (as so redesignated)— (i) by inserting an amount equal to 2/3 of after repays ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) the non-Federal interest repays the balance of remaining principal by June 1, 2032. ; and (4) by adding at the end the following: (B) Repayment options Repayment of a non-Federal contribution under subparagraph (A)(iii) may be satisfied through the provision by the non-Federal interest of fish and wildlife mitigation for one or more projects or separable elements, if the Secretary determines that— (i) the non-Federal interest has incurred costs for the provision of mitigation that— (I) equal or exceed the amount of the required repayment; and (II) are in excess of any required non-Federal contribution for the project or separable element for which the mitigation is provided; and (ii) the mitigation is integral to the project for which it is provided. . 307. Modifications (a) In general The following modifications to studies and projects are authorized: (1) Mississippi River Gulf Outlet, Louisiana The Federal share of the cost of the project for ecosystem restoration, Mississippi River Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the Water Resources Development Act of 2007 (121 Stat. 1281), shall be 90 percent. (2) Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois Section 402(a)(1) of the Water Resources Development Act of 2020 (134 Stat. 2742) is amended by striking 80 percent and inserting 90 percent . (3) Lower Mississippi River comprehensive management study Section 213 of the Water Resources Development Act of 2020 (134 Stat. 2687) is amended by adding at the end the following: (j) Cost-share The Federal share of the cost of the comprehensive study described in subsection (a), and any feasibility study described in subsection (e), shall be 90 percent. . (4) Port of Nome, Alaska (A) In general The Secretary shall carry out the project for navigation, Port of Nome, Alaska, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2733). (B) Cost-share The Federal share of the cost of the project described in subparagraph (A) shall be 90 percent. (5) Chicago shoreline protection The project for storm damage reduction and shore protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois–Indiana State line, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664), is modified to authorize the Secretary to provide 65 percent of the cost of the locally preferred plan, as described in the Report of the Chief of Engineers dated April 14, 1994, for the construction of the following segments of the project: (A) Shoreline revetment at Morgan Shoal. (B) Shoreline revetment at Promontory Point. (6) Lower Mud River, Milton, West Virginia Notwithstanding section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), the Federal share of the cost of the project for flood control, Milton, West Virginia, authorized by section 580 of the Water Resources Development Act of 1996 (110 Stat. 3790), and modified by section 340 of the Water Resources Development Act of 2000 (114 Stat. 2612) and section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), shall be 90 percent. (b) Agreements At the request of the applicable non-Federal interests for the project described in section 402(a) of the Water Resources Development Act of 2020 (134 Stat. 2742) and for the studies described in subsection (j) of section 213 of that Act (134 Stat. 2687), the Secretary shall not require those non-Federal interests to be jointly and severally liable for all non-Federal obligations in the project partnership agreement for the project or in the feasibility cost share agreements for the studies. 308. Port Fourchon, Louisiana, dredged material disposal plan The Secretary shall determine that the dredged material disposal plan recommended in the document entitled Port Fourchon Belle Pass Channel Deepening Project Section 203 Feasibility Study (January 2019, revised January 2020) is the least cost, environmentally acceptable dredged material disposal plan for the project for navigation, Port Fourchon Belle Passe Channel, Louisiana, authorized by section 403(a)(4) of the Water Resources Development Act of 2020 (134 Stat. 2743). 309. Delaware shore protection and restoration (a) Delaware beneficial use of dredged material for the Delaware River, Delaware (1) In general The project for coastal storm risk management, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736) (referred to in this subsection as the project ), is modified— (A) to direct the Secretary to implement the project using alternative borrow sources to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297); and (B) until the Secretary implements the modification under subparagraph (A), to authorize the Secretary, at the request of a non-Federal interest, to carry out initial construction or periodic nourishments at any site included in the project under— (i) section 1122 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2326 note; Public Law 114–322 ); or (ii) section 204(d) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(d) ). (2) Treatment If the Secretary determines that a study is required to carry out paragraph (1)(A), the study shall be considered to be a continuation of the study that formulated the project. (3) Cost-share The Federal share of the cost of the project, including the cost of any modifications carried out under subsection (a)(1), shall be 90 percent. (b) Indian River Inlet Sand Bypass Plant, Delaware (1) In general The Indian River Inlet Sand Bypass Plant, Delaware, coastal storm risk management project (referred to in this subsection as the project ), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), is modified to authorize the Secretary, at the request of a non-Federal interest, to provide periodic nourishment through dedicated dredging or other means to maintain or restore the functioning of the project when— (A) the sand bypass plant is inoperative; or (B) operation of the sand bypass plant is insufficient to maintain the functioning of the project. (2) Requirements A cycle of periodic nourishment provided pursuant to paragraph (1) shall be subject to the following requirements: (A) Cost-share The non-Federal share of the cost of a cycle shall be the same percentage as the non-Federal share of the cost to operate the sand bypass plant. (B) Decision document If the Secretary determines that a decision document is required to support a request for funding for the Federal share of a cycle, the decision document may be prepared using funds made available to the Secretary for construction or for investigations. (C) Treatment (i) Decision document A decision document prepared under subparagraph (B) shall not be subject to a new investment determination. (ii) Cycles A cycle shall be considered continuing construction. (c) Delaware emergency shore restoration (1) In general The Secretary is authorized to repair or restore any beach or any federally authorized hurricane or shore protective structure or project located in the State of Delaware pursuant to section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), if— (A) the structure, project, or beach is damaged by wind, wave, or water action associated with a storm of any magnitude; and (B) the damage prevents the adequate functioning of the structure, project, or beach. (2) Benefit-cost analysis The Secretary shall determine that the benefits attributable to the objectives set forth in section 209 of the Flood Control Act of 1970 ( 42 U.S.C. 1962–2 ) and section 904(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2281(a) ) exceed the cost for work carried out under this subsection. (3) Savings provision The authority provided by this subsection shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ) to repair or restore a beach or federally authorized hurricane or shore protection structure or project located in the State of Delaware damaged or destroyed by wind, wave, or water action of other than an ordinary nature. (d) Indian River Inlet and Bay, Delaware In carrying out major maintenance of the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the Act of August 26, 1937 (50 Stat. 846, chapter 832), and section 2 of the Act of March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall repair, restore, or relocate any non-Federal facility or other infrastructure, that has been damaged, in whole or in part, by the deterioration or failure of the project. (e) Reprogramming for coastal storm risk management project at Indian River Inlet (1) In general Notwithstanding any other provision of law, for each fiscal year, the Secretary may reprogram amounts made available for a coastal storm risk management project to use such amounts for the project for coastal storm risk management, Indian River Inlet Sand Bypass Plant, Delaware, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182). (2) Limitations (A) In general The Secretary may carry out not more than 2 reprogramming actions under paragraph (1) for each fiscal year. (B) Amount For each fiscal year, the Secretary may reprogram— (i) not more than $100,000 per reprogramming action; and (ii) not more than $200,000 for each fiscal year. 310. Great Lakes advance measures assistance Section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ) (as amended by section 112(2)), is amended by adding at the end the following: (7) Special rule (A) In general The Secretary shall not deny a request from the Governor of a State to provide advance measures assistance under this subsection to reduce the risk of damage from rising water levels in the Great Lakes solely on the basis that the damage is caused by erosion. (B) Federal share Assistance provided by the Secretary pursuant to a request under subparagraph (A) may be at full Federal expense if the assistance is to construct advanced measures to a temporary construction standard. . 311. Rehabilitation of existing levees Section 3017(e) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3303a note; Public Law 113–121 ) is amended— (1) by striking this subsection and inserting this section ; and (2) by striking 10 years and inserting 20 years . 312. Pilot program for certain communities (a) Pilot programs on the formulation of corps of engineers projects in rural communities and economically disadvantaged communities Section 118 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 ) is amended— (1) in subsection (b)(2)(C), by striking 10 ; and (2) in subsection (c)— (A) in paragraph (2), in the matter preceding subparagraph (A), by striking make a recommendation to Congress on up to 10 projects and inserting recommend projects to Congress ; and (B) by adding at the end the following: (5) Recommendations In recommending projects under paragraph (2), the Secretary shall include such recommendations in the next annual report submitted to Congress under section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ) after the date of enactment of the Water Resources Development Act of 2022 . . (b) Pilot program for caps in small or disadvantaged communities Section 165(a) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 ) is amended— (1) in paragraph (2)(B), by striking a total of 10 ; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following: (4) Maximum Federal amount For a project carried out under this subsection, the maximum Federal amount, if applicable, shall be increased by the commensurate amount of the non-Federal share that would otherwise be required for the project under the applicable continuing authority program. . 313. Rehabilitation of Corps of Engineers constructed pump stations Section 133 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2327a ) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) Eligible pump station The term eligible pump station means a pump station that— (A) is a feature of a federally authorized flood or coastal storm risk management project; or (B) if inoperable, would impair drainage of water from areas interior to a federally authorized flood or coastal storm risk management project. ; (2) by striking subsection (b) and inserting the following: (b) Authorization The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that— (1) the pump station has a major deficiency; and (2) the rehabilitation is feasible. ; and (3) by striking subsection (f) and inserting the following: (f) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this section to economically disadvantaged communities. . 314. Chesapeake Bay environmental restoration and protection program Section 510(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3759; 128 Stat. 1317) is amended— (1) in subparagraph (B), by inserting and streambanks after shorelines ; (2) in subparagraph (E), by striking and at the end; (3) by redesignating subparagraph (F) as subparagraph (H); and (4) by inserting after subparagraph (E) the following: (F) wastewater treatment and related facilities; (G) stormwater and drainage systems; and . 315. Evaluation of hydrologic changes in Souris River Basin The Secretary is authorized to evaluate hydrologic changes affecting the agreement entitled Agreement Between the Government of Canada and the United States of America for Water Supply and Flood Control in The Souris River Basin , signed in 1989. 316. Memorandum of understanding relating to Baldhill Dam, North Dakota The Secretary may enter into a memorandum of understanding with the non-Federal interest for the Red River Valley Water Supply Project to accommodate flows for downstream users through Baldhill Dam, North Dakota. 317. Upper Mississippi River restoration program Section 1103(e)(3) of the Water Resources Development Act of 1986 ( 33 U.S.C. 652(e)(3) ) is amended by striking $40,000,000 and inserting $75,000,000 . 318. Harmful algal bloom demonstration program Section 128(c) of the Water Resources Development Act of 2020 ( 33 U.S.C. 610 note; Public Law 116–260 ) is amended by inserting the Upper Mississippi River and its tributaries, after New York, . 319. Colleton County, South Carolina Section 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)(i)) shall not apply to construction carried out by the non-Federal interest before the date of enactment of this Act for the project for hurricane and storm damage risk reduction, Colleton County, South Carolina, authorized by section 1401(3) of the Water Resources Development Act of 2016 (130 Stat. 1711). 320. Arkansas River corridor, Oklahoma Section 3132 of the Water Resources Development Act of 2007 (121 Stat. 1141) is amended by striking subsection (b) and inserting the following: (b) Authorized cost The Secretary is authorized to carry out construction of a project under this section at a total cost of $128,400,000, with the cost shared in accordance with section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ). (c) Additional feasibility studies authorized (1) In general The Secretary is authorized to carry out feasibility studies for purposes of recommending to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives additional projects under this section. (2) Treatment An additional feasibility study carried out under this subsection shall be considered a continuation of the feasibility study that formulated the project carried out under subsection (b). . 321. Abandoned and inactive noncoal mine restoration Section 560 of the Water Resources Development Act of 1999 ( 33 U.S.C. 2336 ) is amended— (1) in subsection (c), by inserting or on land taken into trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe after land owned by the United States ; and (2) in subsection (f), by striking $30,000,000 and inserting $50,000,000 . 322. Asian carp prevention and control pilot program Section 509(a)(2) of the Water Resources Development Act of 2020 ( 33 U.S.C. 610 note; Public Law 116–260 ) is amended— (1) in subparagraph (A), by striking or Tennessee River Watershed and inserting , Tennessee River Watershed, or Tombigbee River Watershed ; and (2) in subparagraph (C)(i), by inserting , of which not less than 1 shall be carried out on the Tennessee–Tombigbee Waterway before the period at the end. 323. Forms of assistance Section 592(b) of the Water Resources Development Act of 1999 (113 Stat. 379) is amended by striking and surface water resource protection and development and inserting surface water resource protection and development, stormwater management, drainage systems, and water quality enhancement . 324. Debris removal, New York Harbor, New York (a) In general Beginning on the date of enactment of this Act, the project for New York Harbor collection and removal of drift, authorized by section 91 of the Water Resources Development Act of 1974 (88 Stat. 39), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 579b ) (as in effect on the day before the date of enactment of the WIIN Act (130 Stat. 1628)), is authorized to be carried out by the Secretary. (b) Feasibility study The Secretary shall carry out, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of, a feasibility study for the project described in subsection (a). 325. Invasive species management Section 104 of the River and Harbor Act of 1958 ( 33 U.S.C. 610 ) is amended— (1) in subsection (b)(2)(A)(ii)— (A) by striking $50,000,000 and inserting $75,000,000 ; and (B) by striking 2024 and inserting 2028 ; and (2) in subsection (g)(2)— (A) in subparagraph (A)— (i) by striking water quantity or water quality and inserting water quantity, water quality, or ecosystems ; and (ii) by inserting the Lake Erie Basin, the Ohio River Basin, after the Upper Snake River Basin, ; and (B) in subparagraph (B), by inserting , hydrilla ( Hydrilla verticillata ), after angustifolia ) . 326. Wolf River Harbor, Tennessee Beginning on the date of enactment of this Act, the project for navigation, Wolf River Harbor, Tennessee, authorized by title II of the Act of June 16, 1933 (48 Stat. 200, chapter 90) (commonly known as the National Industrial Recovery Act ), and modified by section 203 of the Flood Control Act of 1958 (72 Stat. 308), is modified to reduce the authorized dimensions of the project, such that the remaining authorized dimensions are a 250-foot-wide, 9-foot-depth channel with a center line beginning at a point 35.139634, -90.062343 and extending approximately 8,500 feet to a point 35.160848, -90.050566. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and Nebraska The matter under the heading Missouri River Mitigation, Missouri, Kansas, Iowa, and Nebraska in section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143; 121 Stat. 1155), as modified by section 334 of the Water Resources Development Act of 1999 (113 Stat. 306), is amended by adding at the end the following: When acquiring land to meet the requirements of fish and wildlife mitigation, the Secretary may consider incidental flood risk management benefits. . 328. Invasive species management pilot program Section 104(f)(4) of the River and Harbor Act of 1958 ( 33 U.S.C. 610(f)(4) ) is amended by striking 2024 and inserting 2026 . 329. Nueces County, Texas, conveyances (a) In general On receipt of a written request of the Port of Corpus Christi, the Secretary shall— (1) review the land owned and easements held by the United States for purposes of navigation in Nueces County, Texas; and (2) convey to the Port of Corpus Christi or, in the case of an easement, release to the owner of the fee title to the land subject to such easement, without consideration, all such land and easements described in paragraph (1) that the Secretary determines are no longer required for project purposes. (b) Conditions (1) Quitclaim deed Any conveyance of land under this section shall be by quitclaim deed. (2) Terms and conditions The Secretary may subject any conveyance or release of easement under this section to such terms and conditions as the Secretary determines necessary and advisable to protect the United States. (c) Administrative costs In accordance with section 2695 of title 10, United States Code, the Port of Corpus Christi shall be responsible for the costs incurred by the Secretary to convey land or release easements under this section. (d) Waiver of real property screening requirements Section 2696 of title 10, United States Code, shall not apply to the conveyance of land or release of easements under this section. 330. Mississippi Delta Headwaters, Mississippi As part of the authority of the Secretary to carry out the project for flood damage reduction, bank stabilization, and sediment and erosion control, Yazoo Basin, Mississippi Delta Headwaters, Mississippi, authorized by the matter under the heading Enhancement of water resource benefits and for emergency disaster work in title I of Public Law 98–8 (97 Stat. 22), the Secretary may carry out emergency maintenance activities, as the Secretary determines to be necessary, for features of the project completed before the date of enactment of this Act. 331. Ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey (a) In general The Secretary may carry out additional feasibility studies for ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey, including an examination of measures and alternatives at Baisley Pond Park and the Richmond Terrace Wetlands. (b) Treatment A feasibility study carried out under subsection (a) shall be considered a continuation of the study that formulated the project for ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740). 332. Timely reimbursement (a) Definition of covered project In this section, the term covered project means a project for navigation authorized by section 1401(1) of the WIIN Act (130 Stat. 1708). (b) Reimbursement required In the case of a covered project for which the non-Federal interest has advanced funds for construction of the project, the Secretary shall reimburse the non-Federal interest for advanced funds that exceed the non-Federal share of the cost of construction of the project as soon as practicable after the completion of each individual contract for the project. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina Section 1319(c) of the WIIN Act (130 Stat. 1704) is amended by striking paragraph (2) and inserting the following: (2) Cost-share (A) In general The costs of construction of a Project feature constructed pursuant to paragraph (1) shall be determined in accordance with section 101(a)(1)(B) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(a)(1)(B) ). (B) Savings provision Any increase in costs for the Project due to the construction of a Project feature described in subparagraph (A) shall not be included in the total project cost for purposes of section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ). . 334. Lake Tahoe Basin restoration, Nevada and California (a) Definition In this section, the term Lake Tahoe Basin means the entire watershed drainage of Lake Tahoe including that portion of the Truckee River 1,000 feet downstream from the United States Bureau of Reclamation dam in Tahoe City, California. (b) Establishment of program The Secretary may establish a program for providing environmental assistance to non-Federal interests in Lake Tahoe Basin. (c) Form of assistance Assistance under this section may be in the form of planning, design, and construction assistance for water-related environmental infrastructure and resource protection and development projects in Lake Tahoe Basin— (1) urban stormwater conveyance, treatment and related facilities; (2) watershed planning, science and research; (3) environmental restoration; and (4) surface water resource protection and development. (d) Public ownership requirement The Secretary may provide assistance for a project under this section only if the project is publicly owned. (e) Local cooperation agreement (1) In general Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. (2) Requirements Each local cooperation agreement entered into under this subsection shall provide for the following: (A) Plan Development by the Secretary, in consultation with appropriate Federal and State and Regional officials, of appropriate environmental documentation, engineering plans and specifications. (B) Legal and institutional structures Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest. (3) Cost sharing (A) In general The Federal share of project costs under each local cooperation agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs. (B) Credit for design work The non-Federal interest shall receive credit for the reasonable costs of planning and design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project. (C) Land, easements, rights-of-way, and relocations The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations provided by the non-Federal interest toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs. (D) Operation and maintenance The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. (f) Applicability of other Federal and State laws Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2005, $50,000,000, to remain available until expended. (h) Repeal Section 108 of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2942), is repealed. (i) Treatment The program authorized by this section shall be considered a continuation of the program authorized by section 108 of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2942) (as in effect on the day before the date of enactment of this Act). 335. Additional assistance for Eastern Santa Clara Basin, California Section 111 of title I of division B of the Miscellaneous Appropriations Act, 2001 (as enacted by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat. 2763; 114 Stat. 2763A–224; 121 Stat. 1209)), is amended— (1) in subsection (a), by inserting and volatile organic compounds after perchlorates ; and (2) in subsection (b)(3), by inserting and volatile organic compounds after perchlorates . 336. Tribal partnership program Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— (1) in subsection (a), by striking ( 25 U.S.C. 450b ) and inserting ( 25 U.S.C. 5304 ) ; (2) in subsection (b)— (A) in paragraph (2)(A)— (i) by inserting or coastal storm after flood ; and (ii) by inserting including erosion control, after reduction, ; (B) in paragraph (3), by adding at the end the following: (C) Federal interest determination The first $100,000 of the costs of a study under this section shall be at full Federal expense. ; (C) in paragraph (4)— (i) in subparagraph (A), by striking $18,500,000 and inserting $26,000,000 ; and (ii) in subparagraph (B), by striking $18,500,000 and inserting $26,000,000 ; and (D) by adding at the end the following: (5) Project justification Notwithstanding any other provision of law or requirement for economic justification established under section 209 of the Flood Control Act of 1970 ( 42 U.S.C. 1962–2 ) for a project (other than a project for ecosystem restoration), the Secretary may implement a project under this section if the Secretary determines that the project will— (A) significantly reduce potential flood or coastal storm damages, which may include or be limited to damages due to shoreline erosion or riverbank or streambank failures; (B) improve the quality of the environment; (C) reduce risks to life safety associated with the damages described in subparagraph (A); and (D) improve the long-term viability of the community. ; (3) in subsection (d)(5)(B)— (A) by striking non-Federal and inserting Federal ; and (B) by striking 50 percent and inserting 100 percent ; and (4) in subsection (e), by striking 2024 and inserting 2033 . 337. Surplus water contracts and water storage agreements Section 1046(c) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). 338. Copan Lake, Oklahoma (a) In general The Secretary shall amend Contract DACW56-81-C-0114 between the United States and the Copan Public Works Authority (referred to in this section as the Authority ), entered into on June 22, 1981, for the utilization by the Authority of storage space for water supply in Copan Lake, Oklahoma (referred to in this section as the project )— (1) to release to the United States all rights of the Authority to utilize 4,750 acre-feet of future use water storage space; and (2) to relieve the Authority from all financial obligations, to include the initial project investment costs and the accumulated interest on unpaid project investment costs, for the volume of water storage space described in paragraph (1). (b) Requirement During the 2-year period beginning on the effective date of execution of the contract amendment under subsection (a), the Secretary shall— (1) provide the City of Bartlesville, Oklahoma, with the right of first refusal to contract for the utilization of storage space for water supply for any portion of the storage space that was released by the Authority under subsection (a); and (2) ensure that the City of Bartlesville, Oklahoma, shall not pay more than 110 percent of the initial project investment cost per acre-foot of storage for the acre-feet of storage space sought under an agreement under paragraph (1). 339. Enhanced development program The Secretary shall fully implement opportunities for enhanced development at Oklahoma Lakes under the authorities provided in section 3134 of the Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section 164 of the Water Resources Development Act of 2020 (134 Stat. 2668). 340. Ecosystem restoration coordination (a) In general In carrying out the project for ecosystem restoration, South Fork of the South Branch of the Chicago River, Bubbly Creek, Illinois, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740), the Secretary shall coordinate to the maximum extent practicable with the Administrator of the Environmental Protection Agency, State environmental agencies, and regional coordinating bodies responsible for the remediation of toxics. (b) Savings provision Nothing in this section extends liability to the Secretary for any remediation of toxics present at the project site referred to in subsection (a) prior to the date of authorization of that project. 341. Acequias irrigation systems Section 1113 of the Water Resources Development Act of 1986 (100 Stat. 4232) is amended— (1) in subsection (b)— (A) by striking (b) Subject to section 903(a) of this Act, the Secretary is authorized and directed to undertake and inserting the following: (b) Authorization Subject to section 903(a), the Secretary shall carry out ; and (B) by striking canals and all that follows through 25 percent. and inserting the following: “channels attendant to the operations of the community ditch and Acequia systems in New Mexico that— (1) are declared to be a political subdivision of the State; or (2) belong to a federally recognized Indian Tribe. ; (2) by redesignating subsection (c) as subsection (e); (3) by inserting after subsection (b) the following: (c) Inclusions The measures described in subsection (b) shall, to the maximum extent practicable— (1) ensure greater resiliency of diversion structures, including to flow variations, prolonged drought conditions, invasive plant species, and threats from changing hydrological and climatic conditions; or (2) support research, development, and training for innovative management solutions, including those for controlling invasive aquatic plants that affect Acequias. (d) Costs (1) Total cost The measures described in subsection (b) shall be carried out at a total cost of $80,000,000. (2) Cost sharing (A) In general Except as provided in subparagraph (B), the non-Federal share of the cost of carrying out the measures described in subsection (b) shall be 25 percent. (B) Special rule In the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )), the Federal share of the cost of carrying out the measures described in subsection (b) shall be 90 percent. ; and (4) in subsection (e) (as so redesignated)— (A) in the first sentence— (i) by striking (e) The Secretary is further authorized and directed to and inserting the following: (e) Public entity status (1) In general The Secretary shall ; and (ii) by inserting or belong to a federally recognized Indian Tribe within the State of New Mexico after that State ; and (B) in the second sentence, by striking This public entity status will allow the officials of these Acequia systems and inserting the following: (2) Effect The public entity status provided pursuant to paragraph (1) shall allow the officials of the Acequia systems described in that paragraph . 342. Rogers County, Oklahoma (a) Conveyance The Secretary is authorized to convey to the City of Tulsa–Rogers County Port Authority (referred to in this section as the Port Authority ), for fair market value, all right, title, and interest of the United States in and to the Federal land described in subsection (b). (b) Federal land described (1) In general The Federal land to be conveyed under this section is the approximately 176 acres of Federal land located on the following 3 parcels in Rogers County, Oklahoma: (A) Parcel 1 includes U.S. tract 119 (partial), U.S. tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract 118 (partial). (B) Parcel 2 includes U.S. tract 124 (partial) and U.S. tract 128 (partial). (C) Parcel 3 includes U.S. tract 128 (partial). (2) Determination required (A) In general Subject to paragraph (1) and subparagraphs (B), (C), and (D), the Secretary shall determine the exact property description and acreage of the Federal land to be conveyed under this section. (B) Requirement In making the determination under subparagraph (A), the Secretary shall reserve from conveyance such easements, rights-of-way, and other interests as the Secretary determines to be necessary and appropriate to ensure the continued operation of the McClellan-Kerr Arkansas River navigation project, including New Graham Lock and Dam 18 as a part of that project, as authorized under the comprehensive plan for the Arkansas River Basin by section 3 of the Act of June 28, 1938 (52 Stat. 1218, chapter 795), and section 10 of the Flood Control Act of 1946 (60 Stat. 647, chapter 596) and where applicable the provisions of the River and Harbor Act of 1946 (60 Stat. 634, chapter 595) and modified by section 108 of the Energy and Water Development Appropriation Act, 1988 ( Public Law 100–202 ; 101 Stat. 1329–112), and section 136 of the Energy and Water Development Appropriations Act, 2004 ( Public Law 108–137 ; 117 Stat. 1842). (C) Obstructions to navigable capacity A conveyance under this section shall not affect the jurisdiction of the Secretary under section 10 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1151, chapter 425; 33 U.S.C. 403 ) with respect to the Federal land conveyed. (D) Survey required The exact acreage and the legal description of any Federal land conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. (c) Applicability Section 2696 of title 10, United States Code, shall not apply to the conveyance under this section. (d) Costs The Port Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. (e) Hold harmless (1) In general The Port Authority shall hold the United States harmless from any liability with respect to activities carried out on or after the date of the conveyance under this section on the Federal land conveyed. (2) Limitation The United States shall remain responsible for any liability incurred with respect to activities carried out before the date of the conveyance under this section on the Federal land conveyed. (f) Additional terms and conditions The Secretary may require that the conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. 343. Water supply storage repair, rehabilitation, and replacement costs Section 301(b) of the Water Supply Act of 1958 ( 43 U.S.C. 390b(b) ) is amended, in the fourth proviso, by striking the second sentence and inserting the following: For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before the date of enactment of this sentence for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence. . 344. Non-Federal payment flexibility Section 103(l) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(l) ) is amended— (1) by striking the subsection designation and heading and all that follows through At the request of in the first sentence and inserting the following: (l) Delay of payment (1) Initial payment At the request of ; and (2) by adding at the end the following: (2) Interest (A) In general At the request of any non-Federal interest, the Secretary may waive the accrual of interest on any non-Federal cash contribution under this section or section 101 for a project for a period of not more than 1 year if the Secretary determines that— (i) the waiver will contribute to the ability of the non-Federal interest to make future contributions; and (ii) the non-Federal interest is in good standing under terms agreed to under subsection (k)(1). (B) Limitations The Secretary may grant not more than 1 waiver under subparagraph (A) for the same project. . 345. North Padre Island, Corpus Christi Bay, Texas The project for ecosystem restoration, North Padre Island, Corpus Christi Bay, Texas, constructed by the Secretary prior to the date of enactment of this Act under section 556 of the Water Resources Development Act of 1999 (113 Stat. 353), shall not be eligible for repair and restoration assistance under section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ). 346. Waiver of non-Federal share of damages related to certain contract claims In a case in which the Armed Services Board of Contract Appeals or a court of competent jurisdiction rendered a decision on a date that was at least 20 years before the date of enactment of this Act awarding damages to a contractor relating to the adjudication of claims arising from the construction of general navigation features of a project carried out under section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ), notwithstanding the terms of the Project Partnership Agreement, the Secretary shall waive payment of the share of the non-Federal interest of such damages, including attorney's fees, if the Secretary— (1) terminated construction of the project prior to completion of all features; and (2) has not collected payment from the non-Federal interest before the date of enactment of this Act. 347. Algiers Canal Levees, Louisiana In accordance with section 328 of the Water Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the Secretary shall resume operation, maintenance, repair, rehabilitation, and replacement of the Algiers Canal Levees, Louisiana, at full Federal expense. 348. Israel River ice control project, Lancaster, New Hampshire Beginning on the date of enactment of this Act, the project for flood control, Israel River, Lancaster, New Hampshire, authorized by section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ) is no longer authorized. 349. City of El Dorado, Kansas The Secretary shall amend Contract DACW56–72–C–0220, between the United States and the City of El Dorado, Kansas, entered into on June 30, 1972, for the utilization by the City of storage space for water supply in El Dorado Lake, Kansas, to change the method of calculation of the interest charges that began accruing on June 30, 1991, on the investment costs for the 72,087 acre-feet of future use storage space, from compounding interest annually to charging simple interest annually on the principal amount, until— (1) the City desires to convert the future use storage space to present use; and (2) the principal amount plus the accumulated interest becomes payable pursuant to the terms of the Contract. 350. Upper Mississippi River protection Section 2010 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end the following: (f) Limitation The Secretary shall not recommend deauthorization of the Upper St. Anthony Falls Lock and Dam unless the Secretary identifies a willing and capable non-Federal public entity to assume ownership of the lock and dam. (g) Modification The Secretary is authorized to investigate the feasibility of modifying the Upper St. Anthony Falls Lock and Dam to add ecosystem restoration, including the prevention and control of invasive species, as an authorized purpose. . 351. Regional Corps of Engineers Office, Corpus Christi, Texas (a) In general At such time as new facilities are available to the Corps of Engineers, and subject to this section, the Secretary shall convey to the Port of Corpus Christi Authority, by deed and without warranty, all right, title, and interest of the United States in and to the property described in subsection (c). (b) Consideration Consideration for the conveyance under subsection (a) shall be determined by an appraisal, satisfactory to the Secretary, of the market value of the property conveyed. (c) Description of property The property referred to in subsection (a) is the land known as Tract 100 and Tract 101 , including improvements on that land, in Corpus Christi, Texas, and described as follows: (1) Tract 100 The 1.89 acres, more or less, as conveyed by the Nueces County Navigation District No. 1 of Nueces County, Texas, to the United States by instrument dated October 16, 1928, and recorded at Volume 193, pages 1 and 2, in the Deed Records of Nueces County, Texas. (2) Tract 101 The 0.53 acres as conveyed by the City of Corpus Christi, Nueces County, Texas, to the United States by instrument dated September 24, 1971, and recorded at Volume 318, pages 523 and 524, in the Deed Records of Nueces County, Texas. (3) Improvements (A) Main Building (RPUID AO–C–3516), constructed January 9, 1974. (B) Garage, vehicle with 5 bays (RPUID AO–C–3517), constructed January 9, 1985. (C) Bulkhead, Upper (RPUID AO–C–2658), constructed January 1, 1941. (D) Bulkhead, Lower (RPUID AO–C–3520), constructed January 1, 1933. (E) Bulkhead Fence (RPUID AO–C–3521), constructed January 9, 1985. (F) Bulkhead Fence (RPUID AO–C–3522), constructed January 9, 1985. (d) Terms and conditions (1) In general Before conveying the land described in subsection (c) to the Port of Corpus Christi Authority, the Secretary shall ensure that the conditions of buildings and facilities meet applicable requirements under Federal law, as determined by the Secretary. (2) Improvements Improvements to conditions of buildings and facilities on the land described in subsection (c), if any, shall be incorporated into the consideration required under subsection (b). (3) Costs of conveyance In addition to the fair market value for property rights conveyed, the Port of Corpus Christi Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance under subsection (a). 352. Pilot program for good neighbor authority on Corps of Engineers land (a) Definitions In this section: (1) Authorized restoration services The term authorized restoration services means similar and complementary forest, rangeland, and watershed restoration services carried out— (A) on Federal land; and (B) by the Secretary or Governor pursuant to a good neighbor agreement. (2) Federal land (A) In general The term Federal land means land within the State that is administered by the Corps of Engineers. (B) Exclusions The term Federal land does not include— (i) a component of the National Wilderness Preservation System; (ii) Federal land on which the removal of vegetation is prohibited or restricted by an Act of Congress or a Presidential proclamation (including the applicable implementation plan); or (iii) a wilderness study area. (3) Forest, rangeland, and watershed services (A) In general The term forest, rangeland, and watershed restoration services means— (i) activities to treat insect-infected and disease-infected trees; (ii) activities to reduce hazardous fuels; and (iii) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (B) Exclusions The term forest, rangeland, and watershed restoration services does not include— (i) construction, reconstruction, repair, or restoration of paved or permanent roads or parking areas, other than the reconstruction, repair, or restoration of a road that is necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and (ii) construction, alteration, repair or replacement of public buildings or public works. (4) Good neighbor agreement The term good neighbor agreement means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and Governor under subsection (b)(1)(A) to carry out authorized restoration services under this section. (5) Governor The term Governor means the Governor or any other appropriate executive official of the State. (6) Road The term road has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on February 7, 2014). (7) State The term State means the State of Idaho. (b) Good neighbor agreements (1) Good neighbor agreements (A) In general The Secretary may carry out a pilot program to enter into good neighbor agreements with the Governor to carry out authorized restoration services in the State in accordance with this section. (B) Public availability The Secretary shall make each good neighbor agreement available to the public. (C) Administrative costs The Governor shall provide, and the Secretary may accept and expend, funds to cover the costs of the Secretary to enter into and administer a good neighbor agreement. (D) Termination The pilot program under subparagraph (A) shall terminate on October 1, 2028. (2) Timber sales (A) Approval of silviculture prescriptions and marking guides The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on Federal land in all timber sale projects conducted under this section. (B) Treatment of revenue Except as provided in subparagraph (C), funds received from the sale of timber by the Governor under a good neighbor agreement shall be retained and used by the Governor to carry out authorized restoration services under the good neighbor agreement. (C) Excess revenue (i) In general Any funds remaining after carrying out subparagraph (B) that are in excess of the amount provided by the Governor to the Secretary under paragraph (1)(C) shall be returned to the Secretary. (ii) Applicability of certain provisions Funds returned to the Secretary under clause (i) shall be subject to the first part of section 5 of the Act of June 13, 1902 (commonly known as the Rivers and Harbors Appropriations Act of 1902 ) (32 Stat. 373, chapter 1079; 33 U.S.C. 558 ). (3) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any authorized restoration services to be provided under this section on Federal land shall not be delegated to the Governor. 353. Southeast Des Moines, Southwest Pleasant Hill, Iowa (a) Project modifications The project for flood risk management and other purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in this section as the Red Rock Dam Project ), authorized by section 10 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 896, chapter 665), and the project for flood risk management, Des Moines Local Flood Protection, Des Moines River, Iowa (referred to in this section as Flood Protection Project ), authorized by section 10 of that Act (58 Stat. 896, chapter 665), shall be modified as follows, subject to a new or amended agreement between the Secretary and the non-Federal interest for the Flood Protection Project, the City of Des Moines, Iowa (referred to in this section as the City ), in accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ): (1) That portion of the Red Rock Dam Project consisting of the segment of levee from Station 15+88.8W to Station 77+43.7W shall be transferred to the Flood Protection Project. (2) The relocated levee improvement constructed by the City, from Station 77+43.7W to approximately Station 20+00, shall be included in the Flood Protection Project. (b) Federal easement conveyances (1) The Secretary is authorized to convey the following easements, acquired by the Federal Government for the Red Rock Dam Project, to the City to become part of the Flood Protection Project in accordance with subsection (a): (A) Easements identified as Tracts 3215E-1 and 3235E. (B) Easements identified as Partial Tracts 3216E-2, 3216E-3, 3217E-1, 3217E-2, and 3227E. (2) On counter-execution of the new or amended agreement pursuant to the Federal easement conveyances under paragraph (1), the Secretary is authorized to convey the following easements, by quitclaim deed, without consideration, acquired by the Federal Government for the Red Rock Dam project, to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority and no longer required for the Red Rock Dam Project or for the Des Moines Local Flood Protection Project: (A) Easements identified as Tracts 3200E, 3202E-1, 3202E-2, 3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-5. (B) Easements identified as Partial Tracts 3216E-2, 3216E-3, 3217E-1, and 3217E-2. (3) All real property interests conveyed under this subsection shall be subject to the standard release of easement disposal process. All administrative fees associated with the transfer of the subject easements to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority will be borne by the transferee. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico In the case of the project for flood risk management, Middle Rio Grande, Bernalillo to Belen, New Mexico, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735), the non-Federal share of the cost of the project shall be the percentage described in section 103(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(a)(2) ) (as in effect on the day before the date of enactment of the Water Resources Development Act of 1996 (110 Stat. 3658)). 355. Comprehensive Everglades Restoration Plan, Florida (a) In general Section 601(e)(5) of the Water Resources Development Act of 2000 (114 Stat. 2685; 132 Stat. 3786) is amended by striking subparagraph (E) and inserting the following: (E) Periodic monitoring (i) In general To ensure that the contributions of the non-Federal sponsor equal 50 percent proportionate share for projects in the Plan, during each period of 5 fiscal years, beginning on October 1, 2022, the Secretary shall, for each project— (I) monitor the non-Federal provision of cash, in-kind services, and land; and (II) manage, to the maximum extent practicable, the requirement of the non-Federal sponsor to provide cash, in-kind services, and land. (ii) Other monitoring The Secretary shall conduct monitoring under clause (i) separately for the preconstruction engineering and design phase and the construction phase for each project in the Plan. (iii) Clarification Not later than 90 days after the end of each fiscal year, the Secretary shall provide to the non-Federal sponsor a financial accounting of non-Federal contributions under clause (i)(I) for such fiscal year. (iv) Limitation As applicable, the Secretary shall only require a cash contribution from the non-Federal sponsor to satisfy the cost share requirements of this subsection on the last day of each period of 5 fiscal years under clause (i). . (b) Update The Secretary and the South Florida Water Management District shall revise the Master Agreement for the Comprehensive Everglades Restoration Plan, executed in 2009 pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), to reflect the amendment made by subsection (a). 356. Maintenance dredging permits (a) In general The Secretary shall, to the maximum extent practicable and appropriate, prioritize the reissuance of any regional general permit for maintenance dredging that expired prior to May 1, 2021. (b) Savings provision Nothing in this section affects, preempts, or interferes with any obligation to comply with the provisions of any Federal or State environmental law, including— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (3) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 357. Puget Sound nearshore ecosystem restoration, Washington In carrying out the project for ecosystem restoration, Puget Sound, Washington, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 Stat. 1713), the Secretary shall consider the removal and replacement of the Highway 101 causeway and bridges at the Duckabush River Estuary site to be a project feature the costs of which are shared as construction. 358. Tribal assistance (a) Clarification of existing authority (1) In general Subject to paragraph (2), the Secretary, in consultation with the heads of relevant Federal agencies, the Confederated Tribes of the Warm Springs Indian Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, Nez Perce Tribe, and the Confederated Tribes of the Umatilla Indian Reservation, shall revise and carry out the village development plan for Dalles Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179, chapter 188) to address adverse impacts to Indian villages, housing sites, and related structures as a result of the construction of Bonneville Dam, McNary Dam, and John Day Dam, Washington and Oregon. (2) Examination Before carrying out the requirements of paragraph (1), the Secretary shall conduct an examination and assessment of the extent to which Indian villages, housing sites, and related structures were displaced or destroyed by the construction of the following projects: (A) Bonneville Dam, Oregon, as authorized by the first section of the Act of August 30, 1935 (49 Stat. 1038, chapter 831) and the first section and section 2(a) of the Act of August 20, 1937 (50 Stat. 731, chapter 720; 16 U.S.C. 832 , 832a(a)). (B) McNary Dam, Washington and Oregon, as authorized by section 2 of the Act of March 2, 1945 (commonly known as the River and Harbor Act of 1945 ) (59 Stat. 22, chapter 19). (C) John Day Dam, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179, chapter 188). (3) Requirements The village development plan under paragraph (1) shall include, at a minimum— (A) an evaluation of sites on both sides of the Columbia River; (B) an assessment of suitable Federal land and land owned by the States of Washington and Oregon; and (C) an estimated cost and tentative schedule for the construction of each housing development. (4) Location of assistance The Secretary may provide housing and related assistance under this subsection at 1 or more sites in the States of Washington and Oregon. (b) Provision of assistance on Federal land The Secretary may construct housing or provide related assistance on land owned by the United States under the village development plan under subsection (a)(1). (c) Acquisition and disposal of land (1) In general Subject to subsection (d), the Secretary may acquire land or interests in land for the purpose of providing housing and related assistance under the village development plan under subsection (a)(1). (2) Advance acquisition Acquisition of land or interests in land under paragraph (1) may be carried out in advance of completion of all required documentation and clearances for the construction of housing or related improvements on the land or on the interests in land. (3) Disposal of unsuitable land If the Secretary determines that any land or interest in land acquired by the Secretary under this section in advance of completion of all required documentation for the construction of housing or related improvements is unsuitable for that housing or for those related improvements, the Secretary may— (A) dispose of the land or interest in land by sale; and (B) credit the proceeds to the appropriation, fund, or account used to purchase the land or interest in land. (d) Limitation The Secretary shall only acquire land from willing landowners in carrying out this section. (e) Conforming amendment Section 1178(c) of the Water Resources Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed. 359. Recreational opportunities at certain projects (a) Definitions In this section: (1) Covered project The term covered project means any of the following projects of the Corps of Engineers: (A) Ball Mountain Lake, Vermont. (B) Townshend Lake, Vermont. (2) Recreation The term recreation includes downstream whitewater recreation that is dependent on operations, recreational fishing, and boating at a covered project. (b) Sense of Congress It is the sense of Congress that the Secretary should— (1) ensure that, to the extent compatible with other project purposes, each covered project is operated in such a manner as to protect and enhance recreation associated with the covered project; and (2) manage land at each covered project to improve opportunities for recreation at the covered project. (c) Modification of water control plans The Secretary may modify, or undertake temporary deviations from, the water control plan for a covered project in order to enhance recreation, if the Secretary determines the modifications or deviations— (1) will not adversely affect other authorized purposes of the covered project; and (2) will not result in significant adverse impacts to the environment. 360. Rehabilitation of Corps of Engineers constructed dams Section 1177 of the Water Resources Development Act of 2016 ( 33 U.S.C. 467f–2 note; Public Law 114–322 ) is amended by adding at the end the following: (g) Special rule Notwithstanding subsection (c), the non-Federal share of the cost to rehabilitate Waterbury Dam, Washington County, Vermont, under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of Waterbury Dam. . 361. South Florida Ecosystem Restoration Task Force Section 528(f)(1)(J) of the Water Resources Development Act of 1996 (110 Stat. 3771) is amended— (1) by striking 2 representatives and inserting 3 representatives ; and (2) by inserting at least 1 of which shall be a representative of the Florida Department of Environmental Protection and at least 1 of which shall be a representative of the Florida Fish and Wildlife Conservation Commission, after Florida, . 362. New Madrid County Harbor, Missouri Section 509(a) of the Water Resources Development Act of 1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the end the following: (18) Second harbor at New Madrid County Harbor, Missouri. . 363. Trinity River and tributaries, Texas Section 1201(7) of the Water Resources Development Act of 2018 (132 Stat. 3802) is amended by inserting flood risk management, and ecosystem restoration, after navigation, . 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois (a) In general Not later than 90 days after the date on which the Secretary receives a request from the Governor of Illinois to terminate a contract described in subsection (c), the Secretary shall amend the contract to release to the United States all rights of the State of Illinois to utilize water storage space in the reservoir project to which the contract applies. (b) Relief of certain obligations On execution of an amendment described in subsection (a), the State of Illinois shall be relieved of the obligation to pay the percentage of the annual operation and maintenance expense, the percentage of major replacement cost, and the percentage of major rehabilitation cost allocated to the water supply storage specified in the contract for the reservoir project to which the contract applies. (c) Contracts Subsection (a) applies to the following contracts between the United States and the State of Illinois: (1) Contract DACW43–88–C–0088, entered into on September 23, 1988, for utilization of storage space for water supply in Rend Lake, Illinois. (2) Contract DA–23–065–CIVENG–65–493, entered into on April 28, 1965, for utilization of storage space for water supply in Rend Lake, Illinois. (3) Contract DACW43–83–C–0008, entered into on July 6, 1983, for utilization of storage space in Carlyle Lake, Illinois. (4) Contract DACW43–83–C–0009, entered into on July 6, 1983, for utilization of storage space in Lake Shelbyville, Illinois. 365. Federal assistance Section 1328(c) of the America’s Water Infrastructure Act of 2018 (132 Stat. 3826) is amended by striking 4 years and inserting 8 years . 366. Land transfer and trust land for Choctaw Nation of Oklahoma (a) Transfer (1) In general Subject to paragraph (2) and for the consideration described in subsection (c), the Secretary shall transfer to the Secretary of the Interior the land described in subsection (b) to be held in trust for the benefit of the Choctaw Nation. (2) Conditions The land transfer under this subsection shall be subject to the following conditions: (A) The transfer— (i) shall not interfere with the operation by the Corps of Engineers of the Sardis Lake Project or any other authorized civil works project; and (ii) shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to ensure the continued operation of the Sardis Lake Project or any other authorized civil works project. (B) The Secretary shall retain the right to inundate with water the land transferred to the Choctaw Nation under this subsection as necessary to carry out an authorized purpose of the Sardis Lake Project or any other civil works project. (C) No gaming activities may be conducted on the land transferred under this subsection. (b) Land description (1) In general The land to be transferred pursuant to subsection (a) is the approximately 247 acres of land located in Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of T2N R19E, Pushmataha County, Oklahoma, generally depicted as USACE on the map entitled Sardis Lake – Choctaw Nation Proposal and dated February 22, 2022. (2) Survey The exact acreage and legal descriptions of the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior. (c) Consideration The Choctaw Nation shall pay— (1) to the Secretary an amount that is equal to the fair market value of the land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary; and (2) all costs and administrative expenses associated with the transfer of land under subsection (a), including the costs of— (A) the survey under subsection (b)(2); (B) compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (C) any coordination necessary with respect to requirements related to endangered species, cultural resources, clean water, and clean air. IV Water resources infrastructure 401. Project authorizations The following projects for water resources development and conservation and other purposes, as identified in the reports titled Report to Congress on Future Water Resources Development submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports or decision documents designated in this section: (1) Navigation A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. AK Elim Subsistence Harbor March 12, 2021 Federal: $74,905,000 Non-Federal: $1,896,000 Total: $76,801,000 2. CA Port of Long Beach Deep Draft Navigation, Los Angeles October 14, 2021 Federal: $71,985,500 Non-Federal: $73,447,500 Total: $145,433,000 (2) Flood risk management A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. AL Selma October 7, 2021 Federal: $15,533,100 Non-Federal: $8,363,900 Total: $23,897,000 2. CA Lower Cache Creek, Yolo County, Woodland, and Vicinity June 21, 2021 Federal: $215,152,000 Non-Federal: $115,851,000 Total: $331,003,000 3. OR Portland Metro Levee System August 20, 2021 Federal: $77,111,100 Non-Federal: $41,521,300 Total: $118,632,400 4. NE Papillion Creek and Tributaries Lakes January 24, 2022 Federal: $91,491,400 Non-Federal: $52,156,300 Total: $143,647,700 5. AL Valley Creek, Bessemer and Birmingham October 29, 2021 Federal: $17,725,000 Non-Federal: $9,586,000 Total: $27,311,000 (3) Hurricane and storm damage risk reduction A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. CT Fairfield and New Haven Counties January 19, 2021 Federal: $92,937,000 Non-Federal: $50,043,000 Total: $142,980,000 2. PR San Juan Metro September 16, 2021 Federal: $245,418,000 Non-Federal: $131,333,000 Total: $376,751,000 3. FL Florida Keys, Monroe County September 24, 2021 Federal: $1,513,531,000 Non-Federal: $814,978,000 Total: $2,328,509,000 4. FL Okaloosa County October 7, 2021 Initial Federal: $19,822,000 Initial Non-Federal: $11,535,000 Initial Total: $31,357,000 Renourishment Federal: $71,045,000 Renourishment Non-Federal: $73,787,000 Renourishment Total: $144,832,000 5. SC Folly Beach October 26, 2021 Initial Federal: $45,490,000 Initial Non-Federal: $5,054,000 Initial Total: $50,544,000 Renourishment Federal: $164,424,000 Renourishment Non-Federal: $26,767,000 Renourishment Total: $191,191,000 6. FL Pinellas County October 29, 2021 Initial Federal: $8,627,000 Initial Non-Federal: $5,332,000 Initial Total: $13,959,000 Renourishment Federal: $92,000,000 Renourishment Non-Federal: $101,690,000 Renourishment Total: $193,690,000 7. NY South Shore of Staten Island, Fort Wadsworth to Oakwood Beach October 27, 2016 Federal: $371,310,000 Non-Federal: $199,940,000 Total: $571,250,000 8. LA Upper Barataria Basin January 28, 2022 Federal: $1,005,001,000 Non-Federal: $541,155,000 Total: $1,546,156,000 (4) Hurricane and storm damage reduction and ecosystem restoration A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. TX Coastal Texas Protection and Restoration Feasibility Study September 16, 2021 Federal: $19,237,894,000 Non-Federal: $11,668,393,000 Total: $30,906,287,000 (5) Ecosystem restoration A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. CA Prado Basin Ecosystem Restoration, San Bernardino, Riverside and Orange Counties April 22, 2021 Federal: $33,976,000 Non-Federal: $18,294,000 Total: $52,270,000 (6) Modifications and other projects A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. LA Lake Pontchartrain and Vicinity December 16, 2021 Federal: $807,000,000 Non-Federal: $434,000,000 Total: $1,241,000,000 2. LA West Bank and Vicinity December 17, 2021 Federal: $431,000,000 Non-Federal: $232,000,000 Total: $663,000,000 3. GA Brunswick Harbor, Glynn County March 11, 2022 Federal: $10,774,500 Non-Federal: $3,594,500 Total: $14,369,000 4. DC Washington, DC and Vicinity July 22, 2021 Federal: $17,740,000 Non-Federal: $0 Total: $17,740,000 402. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska (a) In general The Secretary shall establish a program to carry out structural and nonstructural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in the State of Alaska, including— (1) relocation of affected communities; and (2) construction of replacement facilities. (b) Cost share The non-Federal interest shall share in the cost to study, design, and construct a project carried out under this section in accordance with sections 103 and 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 , 2215), except that, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )), the non-Federal share shall be 10 percent. (c) Repeal Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851), is repealed. (d) Treatment The program authorized by subsection (a) shall be considered a continuation of the program authorized by section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851) (as in effect on the day before the date of enactment of this Act). 403. Expedited completion of projects The Secretary shall expedite completion of the following projects: (1) Project for flood risk management, Cumberland, Maryland, restoration and rewatering of the Chesapeake and Ohio Canal, authorized by section 580 of the Water Resources Development Act of 1999 (113 Stat. 375). (2) Project for flood risk management, Tulsa and West–Tulsa Levee System, Tulsa County, Oklahoma, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735). (3) Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735). (4) Project for flood risk management, Rio De Flag, Flagstaff, Arizona, authorized by section 101(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2576). (5) Project for flood risk management, Rose and Palm Garden Washes, Arizona, authorized by section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). (6) Project for ecosystem restoration, El Corazon, Arizona, authorized by section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ). (7) Projects for ecosystem restoration, Chesapeake Bay Comprehensive Water Resources and Restoration Plan, Chesapeake Bay Environmental Restoration and Protection Program, authorized by section 510 of the Water Resources Development Act of 1996 (110 Stat. 3759). (8) Projects authorized under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 121 Stat. 1258). (9) Projects authorized under section 8004 of the Water Resources Development Act of 2007 ( 33 U.S.C. 652 note; Public Law 110–114 ). (10) Projects authorized under section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653). (11) Project for flood risk management, Lower Santa Cruz River, Arizona, authorized by section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). (12) Project for flood risk management, McCormick Wash, Arizona, authorized by section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). (13) Project for navigation, including maintenance and channel deepening, McClellan–Kerr Arkansas River Navigation System. (14) Project for dam safety modifications, Bluestone Dam, West Virginia. (15) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Branford Harbor and Branford River, Branford, Connecticut, authorized by the first section of the Act of June 13, 1902 (32 Stat. 333, chapter 1079). (16) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Guilford Harbor and Sluice Channel, Connecticut. (17) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Milford Harbor, Connecticut. (18) Assistance for ecosystem restoration, Lower Yellowstone Intake Diversion Dam, Montana, authorized by section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135). (19) Project for mitigation of shore damage from navigation works, Camp Ellis Beach, Saco, Maine, pursuant to section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ). (20) Project for ecosystem restoration, Lower Blackstone River, Rhode Island, pursuant to section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ). (21) Project for navigation, Kentucky Lock Addition, Kentucky. (22) Maintenance dredging of the Federal channel for the project for navigation, Columbia, Snake, and Clearwater Rivers, Oregon, Washington, and Idaho, authorized by section 2 of the Act of March 2, 1945 (59 Stat. 21, chapter 19), at the Port of Clarkston, Washington, and the Port of Lewiston, Idaho. (23) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Back Channels and Sagamore Creek, Portsmouth, New Castle, and Rye, New Hampshire, authorized by section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ). (24) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Harbor and Piscataqua River, Portsmouth, New Castle, and Newington, New Hampshire, and Kittery and Elliot, Maine, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173). 404. Special rules (a) The following conditions apply to the project described in section 403(19): (1) The project is authorized to be carried out under section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ) at a Federal cost of $45,000,000. (2) The project may include Federal participation in periodic nourishment. (3) For purposes of subsection (b) of section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ), the Secretary shall determine that the navigation works to which the shore damages are attributable were constructed at full Federal expense. (b) The following conditions apply to the project described in section 403(20): (1) The project is authorized to be carried out under section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ) at a Federal cost of $15,000,000. (2) If the Secretary includes in the project a measure on Federal land under the jurisdiction of another Federal agency, the Secretary may enter into an agreement with the Federal agency that provides for the Secretary— (A) to construct the measure; and (B) to operate and maintain the measure using funds provided to the Secretary by the non-Federal interest for the project. (3) If the Secretary includes in the project a measure for fish passage at a dam licensed for hydropower, the Secretary shall include in the project costs all costs for the measure, except that those costs that are in excess of the costs to provide fish passage at the dam if hydropower improvements were not in place shall be a 100 percent non-Federal expense. 405. Chattahoochee River program (a) Establishment (1) In general The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin. (2) Form The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (b), including projects for— (A) sediment and erosion control; (B) protection of eroding shorelines; (C) ecosystem restoration, including restoration of submerged aquatic vegetation; (D) protection of essential public works; (E) beneficial uses of dredged material; and (F) other related projects that may enhance the living resources of the Chattahoochee River Basin. (b) Comprehensive plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (a)(2). (2) Coordination The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (c) Agreement (1) In general Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (b). (2) Requirements Each agreement entered into under this subsection shall provide for— (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and (B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (d) Cost sharing (1) Federal share Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 75 percent. (2) Non-Federal share (A) Value of land, easements, rights-of-way, and relocations In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the total project costs. (B) Operation and maintenance costs The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. (e) Cooperation In carrying out this section, the Secretary shall cooperate with— (1) the heads of appropriate Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (f) Protection of resources A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. (g) Project cap The total cost of a project carried out under this section may not exceed $15,000,000. (h) Savings provision Nothing in this section— (1) establishes any express or implied reserved water right in the United States for any purpose; (2) affects any water right in existence on the date of enactment of this Act; (3) preempts or affects any State water law or interstate compact governing water; or (4) affects any Federal or State law in existence on the date of enactment of this Act regarding water quality or water quantity. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $90,000,000. 406. Lower Mississippi River Basin demonstration program (a) Definition In this section, the term Lower Mississippi River Basin means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico, and its tributaries and distributaries. (b) Establishment (1) In general The Secretary shall establish a program to provide assistance to non-Federal interests in the Lower Mississippi River Basin. (2) Form (A) In general The assistance under paragraph (1) shall be in the form of design and construction assistance for flood or coastal storm risk management or aquatic ecosystem restoration projects in the Lower Mississippi River Basin, based on the comprehensive plan under subsection (c). (B) Assistance Projects under subparagraph (A) may include measures for— (i) sediment control; (ii) protection of eroding riverbanks and streambanks and shorelines; (iii) channel modifications; (iv) beneficial uses of dredged material; or (v) other related projects that may enhance the living resources of the Lower Mississippi River Basin. (c) Comprehensive plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Lower Mississippi River Basin plan to guide the implementation of projects under subsection (b)(2). (2) Coordination The plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization To the maximum extent practicable, the plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality, reduce hypoxia in the Lower Mississippi River or Gulf of Mexico, or use a combination of structural and nonstructural measures. (d) Agreement (1) In general Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Lower Mississippi River Basin plan described in subsection (c). (2) Requirements Each agreement entered into under this subsection shall provide for the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (e) Cost sharing (1) Federal share The Federal share of the cost to design and construct a project under each agreement entered into under this section shall be 75 percent. (2) Non-Federal share (A) Value of land, easements, rights-of-way, and relocations In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the cost to design and construct the project. (B) Operation and maintenance costs The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. (f) Cooperation In carrying out this section, the Secretary shall cooperate with— (1) the heads of appropriate Federal agencies, including— (A) the Secretary of Agriculture; (B) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (C) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (g) Project cap The total cost of a project carried out under this section may not exceed $15,000,000. (h) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the program under this section, including a recommendation on whether the program should be reauthorized. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $90,000,000. 407. Forecast-informed reservoir operations (a) In general The Secretary is authorized to carry out a research study pilot program at 1 or more dams owned and operated by the Secretary in the North Atlantic Division of the Corps of Engineers to assess the viability of forecast-informed reservoir operations in the eastern United States. (b) Report Not later than 1 year after completion of the research study pilot program under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study pilot program. 408. Mississippi River mat sinking unit The Secretary shall expedite the replacement of the Mississippi River mat sinking unit. 409. Sense of Congress relating to Okatibbee Lake It is the sense of Congress that— (1) there is significant shoreline sloughing and erosion at the Okatibbee Lake portion of the project for flood protection, Chunky Creek, Chickasawhay and Pascagoula Rivers, Mississippi, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1183), which has the potential to impact infrastructure, damage property, and put lives at risk; and (2) addressing shoreline sloughing and erosion at a project of the Secretary, including at a location leased by non-Federal entities such as Okatibbee Lake, is an activity that is eligible to be carried out by the Secretary as part of the operation and maintenance of the project.
May 4, 2022 Read twice and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4136rs/xml/BILLS-117s4136rs.xml |
117-s-4137 | II 117th CONGRESS 2d Session S. 4137 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Carper (for himself, Mrs. Capito , Mr. Cardin , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Development 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. Definition of Secretary. Sec. 3. Effective date. TITLE I—General provisions Sec. 101. Scope of feasibility studies. Sec. 102. Shoreline and riverbank protection and restoration mission. Sec. 103. Inland waterway projects. Sec. 104. Protection and restoration of other Federal land along rivers and coasts. Sec. 105. Policy and technical standards. Sec. 106. Planning assistance to States. Sec. 107. Floodplain management services. Sec. 108. Workforce planning. Sec. 109. Credit in lieu of reimbursement. Sec. 110. Coastal cost calculations. Sec. 111. Advance payment in lieu of reimbursement for certain Federal costs. Sec. 112. Use of emergency funds. Sec. 113. Research and development. Sec. 114. Tribal and Economically Disadvantaged Communities Advisory Committee. Sec. 115. Non-Federal Interest Advisory Committee. Sec. 116. Underserved community harbor projects. Sec. 117. Corps of Engineers Western Water Cooperative Committee. Sec. 118. Updates to certain water control manuals. Sec. 119. Retention of recreation fees. Sec. 120. Relocation assistance. Sec. 121. Reprogramming limits. Sec. 122. Lease durations. Sec. 123. Sense of Congress relating to post-disaster repairs. Sec. 124. Payment of pay and allowances of certain officers from appropriation for improvements. Sec. 125. Reforestation. Sec. 126. Use of other Federal funds. Sec. 127. National low-head dam inventory. Sec. 128. Transfer of excess credit. Sec. 129. National levee restoration. Sec. 130. Inland waterways regional dredge pilot program. Sec. 131. Funding to process permits. Sec. 132. Non-Federal project implementation pilot program. Sec. 133. Cost sharing for territories and Indian Tribes. Sec. 134. Water supply conservation. Sec. 135. Criteria for funding operation and maintenance of small, remote, and subsistence harbors. Sec. 136. Protection of lighthouses. Sec. 137. Expediting hydropower at Corps of Engineers facilities. Sec. 138. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities. Sec. 139. Dredged material management plans. Sec. 140. Lease deviations. Sec. 141. Columbia River Basin flood risk management. Sec. 142. Continuation of construction. TITLE II—Studies and reports Sec. 201. Authorization of feasibility studies. Sec. 202. Special rules. Sec. 203. Expedited completion of studies. Sec. 204. Studies for periodic nourishment. Sec. 205. NEPA reporting. Sec. 206. GAO audit of projects over budget or behind schedule. Sec. 207. GAO study on project distribution. Sec. 208. GAO audit of joint costs for operations and maintenance. Sec. 209. GAO review of Corps of Engineers mitigation practices. Sec. 210. Sabine–Neches Waterway Navigation Improvement project, Texas. Sec. 211. Great Lakes recreational boating. Sec. 212. Upper St. Johns River Basin, Central and Southern Florida. Sec. 213. Investments for recreation areas. Sec. 214. Western infrastructure study. Sec. 215. Upper Mississippi River and Illinois Waterway System. Sec. 216. West Virginia hydropower. Sec. 217. Recreation and economic development at Corps facilities in Appalachia. Sec. 218. Automated fee machines. Sec. 219. Lake Champlain Canal, Vermont and New York. Sec. 220. Report on concessionaire practices. TITLE III—Deauthorizations, modifications, and related provisions Sec. 301. Additional assistance for critical projects. Sec. 302. Southern West Virginia. Sec. 303. Northern West Virginia. Sec. 304. Local cooperation agreements, northern West Virginia. Sec. 305. Special rule for certain beach nourishment projects. Sec. 306. Coastal community flood control and other purposes. Sec. 307. Modifications. Sec. 308. Port Fourchon, Louisiana, dredged material disposal plan. Sec. 309. Delaware shore protection and restoration. Sec. 310. Great Lakes advance measures assistance. Sec. 311. Rehabilitation of existing levees. Sec. 312. Pilot program for certain communities. Sec. 313. Rehabilitation of Corps of Engineers constructed pump stations. Sec. 314. Chesapeake Bay environmental restoration and protection program. Sec. 315. Evaluation of hydrologic changes in Souris River Basin. Sec. 316. Memorandum of understanding relating to Baldhill Dam, North Dakota. Sec. 317. Upper Mississippi River restoration program. Sec. 318. Harmful algal bloom demonstration program. Sec. 319. Colleton County, South Carolina. Sec. 320. Arkansas River corridor, Oklahoma. Sec. 321. Abandoned and inactive noncoal mine restoration. Sec. 322. Asian carp prevention and control pilot program. Sec. 323. Forms of assistance. Sec. 324. Debris removal, New York Harbor, New York. Sec. 325. Invasive species management. Sec. 326. Wolf River Harbor, Tennessee. Sec. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and Nebraska. Sec. 328. Invasive species management pilot program. Sec. 329. Nueces County, Texas, conveyances. Sec. 330. Mississippi Delta Headwaters, Mississippi. Sec. 331. Ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey. Sec. 332. Timely reimbursement. Sec. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina. Sec. 334. Lake Tahoe Basin restoration, Nevada and California. Sec. 335. Additional assistance for Eastern Santa Clara Basin, California. Sec. 336. Tribal partnership program. Sec. 337. Surplus water contracts and water storage agreements. Sec. 338. Copan Lake, Oklahoma. Sec. 339. Enhanced development program. Sec. 340. Ecosystem restoration coordination. Sec. 341. Acequias irrigation systems. Sec. 342. Rogers County, Oklahoma. Sec. 343. Water supply storage repair, rehabilitation, and replacement costs. Sec. 344. Non-Federal payment flexibility. Sec. 345. North Padre Island, Corpus Christi Bay, Texas. Sec. 346. Waiver of non-Federal share of damages related to certain contract claims. Sec. 347. Algiers Canal Levees, Louisiana. Sec. 348. Israel River ice control project, Lancaster, New Hampshire. Sec. 349. City of El Dorado, Kansas. Sec. 350. Upper Mississippi River protection. Sec. 351. Regional Corps of Engineers Office, Corpus Christi, Texas. Sec. 352. Pilot program for good neighbor authority on Corps of Engineers land. Sec. 353. Southeast Des Moines, Southwest Pleasant Hill, Iowa. Sec. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico. Sec. 355. Comprehensive Everglades Restoration Plan, Florida. Sec. 356. Maintenance dredging permits. Sec. 357. Puget Sound nearshore ecosystem restoration, Washington. Sec. 358. Tribal assistance. Sec. 359. Recreational opportunities at certain projects. Sec. 360. Rehabilitation of Corps of Engineers constructed dams. Sec. 361. South Florida Ecosystem Restoration Task Force. Sec. 362. New Madrid County Harbor, Missouri. Sec. 363. Trinity River and tributaries, Texas. Sec. 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois. Sec. 365. Federal assistance. Sec. 366. Land transfer and trust land for Choctaw Nation of Oklahoma. TITLE IV—Water resources infrastructure Sec. 401. Project authorizations. Sec. 402. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska. Sec. 403. Expedited completion of projects. Sec. 404. Special rules. Sec. 405. Chattahoochee River program. Sec. 406. Lower Mississippi River Basin demonstration program. Sec. 407. Forecast-informed reservoir operations. Sec. 408. Mississippi River mat sinking unit. Sec. 409. Sense of Congress relating to Okatibbee Lake. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. 3. Effective date This Act and the amendments made by this Act shall take effect on the day that is 1 day after the date of enactment of this Act. I General provisions 101. Scope of feasibility studies (a) Flood and coastal storm risk management In carrying out a feasibility study for a project for flood or coastal storm risk management, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize net benefits from the reduction of the comprehensive flood risk that is identified through a holistic evaluation of the isolated and compound effects of— (1) a riverine discharge of any magnitude or frequency; (2) inundation, wave attack, and erosion coinciding with a hurricane or coastal storm; (3) a tide of any magnitude or frequency; (4) a rainfall event of any magnitude or frequency; (5) seasonal variation in water levels; (6) groundwater emergence; (7) sea level rise; (8) subsidence; or (9) any other driver of flood risk affecting the study area. (b) Water supply, water supply conservation, and drought risk reduction In carrying out a feasibility study for any purpose, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives— (1) to maximize combined net benefits for the primary purpose of the study and for water supply, water supply conservation, and drought risk reduction; or (2) to include 1 or more measures for the purpose of water supply, water supply conservation, or drought risk reduction. (c) Cost sharing All costs to carry out a feasibility study in accordance with this section shall be shared in accordance with the cost share requirements otherwise applicable to the study. 102. Shoreline and riverbank protection and restoration mission (a) Declaration of policy Congress declares that— (1) consistent with the civil works mission of the Corps of Engineers, it is the policy of the United States to protect and restore the shorelines, riverbanks, and streambanks of the United States from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems; (2) the Chief of Engineers shall give priority consideration to the protection and restoration of shorelines, riverbanks, and streambanks from erosion and other damaging impacts of extreme weather events in carrying out the civil works mission of the Corps of Engineers; (3) to the maximum extent practicable, projects and measures for the protection and restoration of shorelines, riverbanks, and streambanks shall be formulated to increase the resilience of such shores and banks from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems using measures described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ); and (4) to the maximum extent practicable, periodic nourishment shall be provided, in accordance with subsection (c) of the first section of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(c) ), and subject to section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f ), for projects and measures carried out for the purpose of restoring and increasing the resilience of ecosystems to the same extent as periodic nourishment is provided for projects and measures carried out for the purpose of coastal storm risk management. (b) Shoreline and riverine protection and restoration (1) In general Section 212 of the Water Resources Development Act of 1999 ( 33 U.S.C. 2332 ) is amended— (A) in the section heading, by striking Flood mitigation and riverine restoration program and inserting Shoreline and riverine protection and restoration ; (B) by striking subsection (a) and inserting the following: (a) In general The Secretary may carry out projects— (1) to reduce flood and coastal storm hazards, including shoreline erosion and riverbank and streambank failures; or (2) to restore the natural functions and values of rivers and shorelines throughout the United States. ; (C) in subsection (b)— (i) by striking paragraph (1) and inserting the following: (1) Authority (A) Studies The Secretary may carry out studies to identify appropriate measures for— (i) the reduction of flood and coastal storm hazards, including shoreline erosion and riverbank and streambank failures; or (ii) the restoration of the natural functions and values of rivers and shorelines. (B) Projects Subject to subsection (f)(2), the Secretary may design and implement projects described in subsection (a). ; (ii) in paragraph (3), by striking flood damages and inserting flood and coastal storm damages, including the use of measures described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ) ; and (iii) in paragraph (4)— (I) by inserting and coastal storm after flood ; (II) by inserting , shoreline, after riverine ; and (III) by inserting and coastal barriers after floodplains ; (D) in subsection (c)— (i) by striking paragraph (1) and inserting the following: (1) Studies (A) In general Subject to subparagraph (B), the non-Federal share of the cost of a study under this section shall be— (i) 50 percent; and (ii) 10 percent, in the case of a study benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )). (B) Federal interest determination The first $100,000 of the costs of a study under this section shall be at full Federal expense. ; and (ii) in paragraph (2)— (I) in the paragraph heading, by striking flood control ; and (II) by striking subparagraph (A) and inserting the following: (A) In general Design and construction of a nonstructural measure or project, a measure or project described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ), or for a measure or project for environmental restoration, shall be subject to cost sharing in accordance with section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )) shall be 10 percent. ; and (iii) in paragraph (3)— (I) in the paragraph heading, by striking control and inserting and coastal storm risk management ; (II) by striking control and inserting and coastal storm risk management ; and (III) by striking section 103(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(a) ) and inserting section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )) shall be 10 percent ; (E) in subsection (d)— (i) by striking paragraph (2); (ii) by striking the subsection designation and heading and all that follows through Notwithstanding in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: (d) Project justification Notwithstanding ; (iii) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and indenting appropriately; and (iv) in paragraph (1) (as so redesignated)— (I) by inserting or coastal storm after flood ; and (II) by inserting , including erosion or riverbank or streambank failures after damages ; (F) in subsection (e)— (i) by redesignating paragraphs (1) through (33) as subparagraphs (A) through (GG), respectively, and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as so redesignated), by striking In carrying out and inserting the following: (1) In general In carrying out ; and (iii) by adding at the end the following: (2) Priority projects In carrying out this section after the date of enactment of the Water Resources Development Act of 2022 , the Secretary shall prioritize projects for the following locations: (A) Delaware beaches and watersheds, Delaware. (B) Louisiana Coastal Area, Louisiana. (C) Great Lakes Shores and Watersheds. (D) Oregon Coastal Area, Oregon. (E) Upper Missouri River Basin. (F) Ohio River Tributaries and their watersheds, West Virginia. (G) Chesapeake Bay watershed and Maryland beaches, Maryland. ; (G) by striking subsections (f), (g), and (i); (H) by redesignating subsection (h) as subsection (f); and (I) in subsection (f) (as so redesignated), by striking paragraph (2) and inserting the following: (2) Projects requiring specific authorization The Secretary shall not carry out a project until Congress enacts a law authorizing the Secretary to carry out the project, if the Federal share of the cost to design and construct the project exceeds— (A) $26,000,000, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )); (B) $23,000,000, in the case of a project other than a project benefitting an economically disadvantaged community (as so defined) that— (i) is for purposes of environmental restoration; or (ii) derives not less than 50 percent of the erosion, flood, or coastal storm risk reduction benefits from nonstructural measures or measures described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ); or (C) $18,500,000, for a project other than a project described in subparagraph (A) or (B). . (2) Clerical amendment The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 212 and inserting the following: Sec. 212. Shoreline and riverine protection and restoration. . (c) Emergency streambank and shoreline protection Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) is amended by striking $5,000,000 and inserting $10,000,000 . 103. Inland waterway projects (a) In general Section 102(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2212(a) ) is amended— (1) in the matter preceding paragraph (1), by striking One-half of the costs and inserting 75 percent of the costs ; and (2) in the undesignated matter following paragraph (3), in the second sentence, by striking One-half of such costs and inserting 25 percent of such costs . (b) Application The amendments made by subsection (a) shall apply to new and ongoing projects beginning on October 1, 2022. (c) Conforming amendment Section 109 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2212 note; Public Law 116–260 ) is amended by striking fiscal years 2021 through 2031 and inserting fiscal years 2021 through 2022 . 104. Protection and restoration of other Federal land along rivers and coasts (a) In general The Secretary is authorized to use funds made available to the Secretary for water resources development purposes to construct, at full Federal expense, a measure benefitting Federal land under the administrative jurisdiction of another Federal agency, if the measure— (1) is included in a report of the Chief of Engineers or other decision document for a water resources development project that is specifically authorized by Congress; (2) is included in a detailed project report (as defined in section 105(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d) ); or (3) utilizes dredged material from a water resources development project beneficially. (b) Applicability This section shall apply to a measure for which construction is initiated after the date of enactment of this Act. (c) Exclusion In this section, the term Federal land does not include a military installation. (d) Savings provisions Nothing in this section precludes— (1) a Federal agency with administrative jurisdiction over Federal land from contributing funds for any portion of the cost of a measure described in subsection (a) that benefits that land; or (2) the Secretary, at the request of the non-Federal interest for a study for a project for flood or coastal storm risk management, from using funds made available to the Secretary for water resources development investigations to formulate measures to reduce risk to a military installation, if the non-Federal interest shares in the cost to formulate those measures to the same extent that the non-Federal interest is required to share in the cost of the study. (e) Repeal (1) In general Section 1025 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2226 ) is repealed. (2) Conforming amendment The table of contents in section 1(b) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193) is amended by striking the item relating to section 1025. 105. Policy and technical standards Consistent with the 5-year administrative publication life cycle of the Department of the Army, the Secretary shall revise, rescind, or certify as current, as applicable, each publication for the civil works programs of the Corps of Engineers. 106. Planning assistance to States (a) In general Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by striking section 236 of title 10 and inserting section 4141 of title 10 ; and (B) by adding at the end the following: (4) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to address both inland and coastal life safety risks. ; (2) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively; (3) by inserting after subsection (a) the following: (b) Outreach (1) In general The Secretary is authorized to carry out activities, at full Federal expense— (A) to inform and educate States and other non-Federal interests about the missions, programs, policies, and procedures of the Corps of Engineers; and (B) to engage with States and other non-Federal interests to identify specific opportunities to partner with the Corps of Engineers to address water resources development needs. (2) Staff The Secretary shall designate staff in each district office of the Corps of Engineers to provide assistance under this subsection. ; and (4) in subsection (d) (as so redesignated), by adding at the end the following: (3) Outreach There is authorized to be appropriated $30,000,000 for each fiscal year to carry out subsection (b). (4) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this section to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )). . (b) Conforming amendment Section 3014(b)(3)(B) of the Water Resources Reform and Development Act of 2014 ( 42 U.S.C. 4131(b)(3)(B) ) is amended by striking section 22(b) of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16(b) ) and inserting section 22(c) of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16(c) ) . 107. Floodplain management services Section 206 of the Flood Control Act of 1960 ( 33 U.S.C. 709a ) is amended— (1) in subsection (a)— (A) in the second sentence, by striking Surveys and guides and inserting the following: (2) Surveys and guides Surveys and guides ; (B) in the first sentence— (i) by inserting identification of areas subject to floods due to accumulated snags and other debris, after inundation by floods of various magnitudes and frequencies, ; and (ii) by striking In recognition and inserting the following: (1) In general In recognition ; and (C) by adding at the end the following: (3) Identification of assistance (A) In general To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards. (B) Coordination The Secretary shall coordinate activities under this paragraph with activities described in subsection (b) of section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ). ; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: (d) Institutions of higher education Notwithstanding section 4141 of title 10, United States Code, in carrying out this section, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary. . 108. Workforce planning (a) Definition of historically Black college or university In this section, the term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (b) Authorization The Secretary is authorized to carry out activities, at full Federal expense— (1) to foster, enhance, and support science, technology, engineering, and math education and awareness; and (2) to recruit individuals for careers at the Corps of Engineers. (c) Partnering entities In carrying out activities under this section, the Secretary may enter into partnerships with— (1) public and nonprofit elementary and secondary schools; (2) community colleges; (3) technical schools; (4) colleges and universities, including historically Black colleges and universities; and (5) other institutions of learning. (d) Prioritization The Secretary shall, to the maximum extent practicable, prioritize the recruitment of individuals under this section that are located in economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023 through 2027. 109. Credit in lieu of reimbursement (a) In general Section 1022 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2225 ) is amended— (1) in subsection (a)— (A) by striking or before an authorized coastal navigation project ; (B) by inserting or any other water resources development project for which the Secretary is authorized to reimburse the non-Federal interest for the Federal share of construction or operation and maintenance, before the Secretary ; and (C) by striking of the project and inserting to construct, periodically nourish, or operate and maintain the project ; (2) in each of subsections (b) and (c), by striking flood damage reduction and coastal navigation each place it appears and inserting water resources development ; and (3) by adding at the end the following: (d) Applicability With respect to a project constructed under section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ), the Secretary shall exercise the authority under this section to apply credits and reimbursements related to the project in a manner consistent with the requirements of subsection (d) of that section. . (b) Treatment of credit between projects Section 7007(d) of the Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by inserting , or may be applied to reduce the amounts required to be paid by the non-Federal interest under the terms of the deferred payment agreements entered into between the Secretary and the non-Federal interest for the projects authorized by section 7012(a)(1) before the period at the end. 110. Coastal cost calculations Section 152(a) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2213a(a) ) is amended by inserting or coastal storm risk management after flood risk management . 111. Advance payment in lieu of reimbursement for certain Federal costs The Secretary is authorized to provide in advance to the non-Federal interest the Federal share of funds required for the acquisition of land, easements, and rights-of-way and the performance of relocations for a project or separable element— (1) authorized to be constructed at full Federal expense; or (2) described in section 103(b)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(b)(2) ). 112. Use of emergency funds Section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), is amended— (1) in paragraph (1), in the first sentence, by inserting , increase resilience, increase effectiveness in preventing damages from inundation, wave attack, or erosion, after address major deficiencies ; and (2) by adding at the end the following: (6) Work carried out by a non-Federal sponsor (A) General rule The Secretary may authorize a non-Federal sponsor to plan, design, or construct repair or restoration work described in paragraph (1). (B) Requirements (i) In general To be eligible for a payment under subparagraph (C) for the Federal share of a planning, design, or construction activity for repair or restoration work described in paragraph (1), the non-Federal sponsor shall enter into a written agreement with the Secretary before carrying out the activity. (ii) Compliance with other laws The non-Federal sponsor shall carry out all activities under this paragraph in compliance with all laws and regulations that would apply if the activities were carried out by the Secretary. (C) Payment (i) In general The Secretary is authorized to provide payment, in the form of an advance or a reimbursement, to the non-Federal sponsor for the Federal share of the cost of a planning design, or construction activity for the repair or restoration work described in paragraph (1). (ii) Additional amounts If the Federal share of the cost of the activity under this paragraph exceeds the amount obligated by the Secretary under an agreement under subparagraph (B), the advance or reimbursement of such additional amounts shall be at the discretion of the Secretary. (D) Annual limit on reimbursements not applicable Section 102 of the Energy and Water Development Appropriations Act, 2006 ( 33 U.S.C. 2221 ), shall not apply to an agreement under subparagraph (B). . 113. Research and development (a) In general Section 7 of the Water Resources Development Act of 1988 ( 33 U.S.C. 2313 ) is amended— (1) in the section heading, by striking Collaborative ; (2) in subsection (b), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (3) by striking subsection (e); (4) by redesignating subsections (b), (c), (d), and (f) as paragraphs (2), (3), (4), and (5), respectively, and indenting appropriately; (5) in subsection (a), by striking of the Army Corps of Engineers, the Secretary is authorized to utilize Army and inserting the following: “of the Corps of Engineers, the Secretary is authorized to engage in basic research, applied research, advanced research, and development projects, including such projects that are— (1) authorized by Congress; or (2) included in an Act making appropriations for the Corps of Engineers. (b) Collaborative research and development (1) In general In carrying out subsection (a), the Secretary is authorized to utilize ; (6) in subsection (b) (as so redesignated)— (A) in paragraph (2)(B) (as so redesignated), by striking this section and inserting this subsection ; (B) in paragraph (3) (as so redesignated), in the first sentence, by striking this section each place it appears and inserting this subsection ; (C) in paragraph (4) (as so redesignated), by striking subsection (c) and inserting paragraph (3) ; and (D) in paragraph (5) (as so redesignated), by striking this section and inserting this subsection; ; and (7) by adding at the end the following: (c) Other transactions (1) Authority The Secretary may enter into transactions (other than contracts, cooperative agreements, and grants) in order to carry out this section. (2) Education and training The Secretary shall— (A) ensure that management, technical, and contracting personnel of the Corps of Engineers involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training; and (B) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs. (3) Notification The Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice of a transaction under this subsection not less than 30 days before entering into the transaction. (4) Report Not later than 3 years and not later than 7 years after the date of enactment of the Water Resources Development Act of 2022 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the use of the authority under paragraph (1). (d) Report (1) In general For fiscal year 2025, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on projects carried out under subsection (a). (2) Contents A report under paragraph (1) shall include— (A) a description of each ongoing and new project, including— (i) the estimated total cost; (ii) the amount of Federal expenditures; (iii) the amount of expenditures by a non-Federal entity as described in subsection (b)(1), if applicable; (iv) the estimated timeline for completion; (v) the requesting district of the Corps of Engineers, if applicable; and (vi) how the project is consistent with subsection (a); and (B) any additional information that the Secretary determines to be appropriate. (e) Cost sharing (1) In general Except as provided in subsection (b)(3) and paragraph (2), a project carried out under this section shall be at full Federal expense. (2) Treatment Nothing in this subsection waives applicable cost-share requirements for a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d) )). (f) Savings clause Nothing in this section limits the ability of the Secretary to carry out a project requested by a district of the Corps of Engineers in support of a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d) )). (g) Research and development account (1) In general There is established a Research and Development account of the Corps of Engineers for the purposes of carrying out this section. (2) Authorization of appropriations There is authorized to be appropriated to the Research and Development account established by paragraph (1) $85,000,000 for each of fiscal years 2023 through 2027. . (b) Forecasting models for the Great Lakes (1) Authorization There is authorized to be appropriated to the Secretary $10,000,000 to complete and maintain a model suite to forecast water levels, account for water level variability, and account for the impacts of extreme weather events and other natural disasters in the Great Lakes. (2) Savings provision Nothing in this subsection precludes the Secretary from using funds made available under the Great Lakes Restoration Initiative established by section 118(c)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c)(7) ) for activities described in paragraph (1) for the Great Lakes, if funds are not appropriated for such activities. (c) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1988 (102 Stat. 4012) is amended by striking the item relating to section 7 and inserting the following: Sec. 7. Research and development. . 114. Tribal and Economically Disadvantaged Communities Advisory Committee (a) Definitions In this section: (1) Committee The term Committee means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (b). (2) Economically disadvantaged community The term economically disadvantaged community has the meaning given the term pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 ). (3) 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 ). (b) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the Tribal and Economically Disadvantaged Communities Advisory Committee , to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective delivery of water resources development projects, programs, and other assistance to economically disadvantaged communities and Indian Tribes. (c) Membership The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including— (1) 5 individuals representing organizations with expertise in environmental policy, rural water resources, economically disadvantaged communities, Tribal rights, or civil rights; and (2) 5 individuals, each representing a non-Federal interest for a Corps of Engineers project. (d) Duties (1) Recommendations The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in— (A) efficiently and effectively delivering solutions to water resources development projects needs and challenges for economically disadvantaged communities and Indian Tribes; (B) integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water resources development projects and programs of the Corps of Engineers; and (C) improving the capability and capacity of the workforce of the Corps of Engineers to assist economically disadvantaged communities and Indian Tribes. (2) Meetings The Committee shall meet as appropriate to develop and make recommendations under paragraph (1). (3) Report Recommendations provided under paragraph (1) shall be— (A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) be made publicly available, including on a publicly available website. (e) Independent judgment Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (d)(1) shall reflect the independent judgment of the Committee. (f) Administration (1) Compensation Except as provided in paragraph (2), the members of the Committee shall serve without compensation. (2) Travel expenses The members of the Committee shall be allowed 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, while away from their homes or regular places of business in the performance of services for the Committee. (3) Treatment The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. 115. Non-Federal Interest Advisory Committee (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the Non-Federal Interest Advisory Committee (referred to in this section as the Committee ), to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance. (b) Membership (1) In general The Committee shall be composed of the members described in paragraph (2), who shall— (A) be appointed by the Secretary; and (B) have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges. (2) Representatives The members of the Committee shall include the following: (A) A representative of each of the following: (i) A non-Federal interest for a project for navigation for an inland harbor. (ii) A non-Federal interest for a project for navigation for a harbor. (iii) A non-Federal interest for a project for flood risk management. (iv) A non-Federal interest for a project for coastal storm risk management. (v) A non-Federal interest for a project for aquatic ecosystem restoration. (B) A representative of each of the following: (i) A non-Federal stakeholder with respect to inland waterborne transportation. (ii) A non-Federal stakeholder with respect to water supply. (iii) A non-Federal stakeholder with respect to recreation. (iv) A non-Federal stakeholder with respect to hydropower. (v) A non-Federal stakeholder with respect to emergency preparedness, including coastal protection. (C) A representative of each of the following: (i) An organization with expertise in conservation. (ii) An organization with expertise in environmental policy. (iii) An organization with expertise in rural water resources. (c) Duties (1) Recommendations The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in— (A) efficiently and effectively delivering water resources development projects; (B) improving the capability and capacity of the workforce of the Corps of Engineers to deliver projects and other assistance; (C) improving the capacity and effectiveness of Corps of Engineers consultation and liaison roles in communicating water resources needs and solutions, including regionally-specific recommendations; and (D) strengthening partnerships with non-Federal interests to advance water resources solutions. (2) Meetings The Committee shall meet as appropriate to develop and make recommendations under paragraph (1). (3) Report Recommendations provided under paragraph (1) shall be— (A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) made publicly available, including on a publicly available website. (d) Independent judgment Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee. (e) Administration (1) In general The Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (2) Compensation Except as provided in paragraph (3), the members of the Committee shall serve without compensation. (3) Travel expenses The members of the Committee shall be allowed 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, while away from their homes or regular places of business in the performance of services for the Committee. (4) Treatment The members of the Committee shall not be considered to be Federal employees and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 116. Underserved community harbor projects (a) Definitions In this section: (1) Project The term project means a single cycle of dredging of an underserved community harbor and the associated placement of dredged material at a beneficial use placement site or disposal site. (2) Underserved community harbor The term underserved community harbor means an emerging harbor (as defined in section 210(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(f) )) for which— (A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and (B) State and local investments in infrastructure have been made during the preceding 4 fiscal years. (b) In general The Secretary may carry out projects to dredge underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors. (c) Justification The Secretary may carry out a project under this section if the Secretary determines that the cost of the project is reasonable in relation to the sum of— (1) the local or regional economic benefits; and (2) (A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; or (B) other social effects, including protection against loss of life and contributions to local or regional cultural heritage. (d) Cost share The non-Federal share of the cost of a project carried out under this section shall be determined in accordance with— (1) subsection (a), (b), (c), or (d), as applicable, of section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ), for any portion of the cost of the project allocated to flood or coastal storm risk management, ecosystem restoration, or recreation; and (2) section 101(b)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b)(1) ), for the portion of the cost of the project other than a portion described in paragraph (1). (e) Clarification The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project. (f) Federal participation limit The Federal share of the cost of a project under this section shall not exceed $10,000,000. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2026. (2) Special rule Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects that include the beneficial use of dredged material. (h) Savings provision Carrying out a project under this section shall not affect the eligibility of an underserved community harbor for Federal operation and maintenance funding otherwise authorized for the underserved community harbor. 117. Corps of Engineers Western Water Cooperative Committee (a) Findings Congress finds that— (1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 ) and section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ). (b) Establishment (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a Western Water Cooperative Committee (referred to in this section as the Cooperative Committee ). (2) Purpose The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. (3) Membership (A) In general The Cooperative Committee shall be composed of— (i) the Assistant Secretary of the Army for Civil Works (or a designee); (ii) the Chief of Engineers (or a designee); (iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State; (iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and (v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs. (4) Meetings (A) In general The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. (B) Available to public Each meeting of the Cooperative Committee shall be open and accessible to the public. (C) Notification The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee. (5) Duties The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and State water rights and water laws, which may include recommendations for legislation or the promulgation of policy or regulations. (6) Status updates (A) In general On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes— (i) a summary of the contents of meetings of the Cooperative Committee; and (ii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations. (B) Comment (i) In general Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion Comments provided under clause (i) shall be included in the report provided under subparagraph (A). (7) Compensation (A) In general Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. (B) Travel expenses The members of the Cooperative Committee shall be allowed 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, while away from their homes or regular places of business in the performance of services for the Cooperative Committee. (8) Maintenance of records The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years. 118. Updates to certain water control manuals On request of the Governor of State in which the Governor declared a statewide drought disaster in 2021, the Secretary is authorized to update water control manuals for waters in the State, with priority given to those waters that accommodate a water supply project. 119. Retention of recreation fees (a) In general Section 210(b) of the River and Harbor Act of 1968 ( 16 U.S.C. 460d–3(b) ) is amended— (1) by striking paragraph (4) and inserting the following: (4) Deposit into Treasury account All fees collected under this subsection shall— (A) be deposited in a special account in the Treasury; and (B) be available for use, without further appropriation, for the operation and maintenance of recreation sites and facilities under the jurisdiction of the Secretary of the Army, subject to the condition that not less than 80 percent of fees collected at a specific recreation site are utilized at that site. ; and (2) by adding at the end the following: (5) Supplement, not supplant Fees collected under this subsection— (A) shall be in addition to annual appropriated funding provided for the operation and maintenance of recreation sites and facilities under the jurisdiction of the Secretary of the Army; and (B) shall not be used as a basis for reducing annual appropriated funding for those purposes. . (b) Special accounts Amounts in the special account for the Corps of Engineers described in section 210(b)(4) of the River and Harbor Act of 1968 ( 16 U.S.C. 460d–3(b)(4) ) (as in effect on the day before the date of enactment of this Act) that are unobligated on that date shall— (1) be transferred to the special account established under section 210(b)(4) of the River and Harbor Act of 1968 ( 16 U.S.C. 460d–3(b)(4) ) (as amended by subsection (a)(1)); and (2) be available to the Secretary for operation and maintenance of any recreation sites and facilities under the jurisdiction of the Secretary, without further appropriation. 120. Relocation assistance In the case of a water resources development project using nonstructural measures for the elevation or modification of a dwelling that is the primary residence of an owner-occupant and that requires the owner-occupant to relocate temporarily from the dwelling during the period of construction, the Secretary may include in the value of the land, easements, and rights-of-way required for the project or measure the documented reasonable living expenses, excluding food and personal transportation, incurred by the owner-occupant during the period of relocation. 121. Reprogramming limits (a) Operations and maintenance In reprogramming funds made available to the Secretary for operations and maintenance— (1) the Secretary may not reprogram more than 25 percent of the base amount up to a limit of— (A) $8,500,000 for a project, study, or activity with a base level over $1,000,000; and (B) $250,000 for a project, study, or activity with a base level of $1,000,000 or less; and (2) $250,000 may be reprogrammed for any continuing study or activity of the Secretary that did not receive an appropriation. (b) Investigations In reprogramming funds made available to the Secretary for investigations— (1) the Secretary may not reprogram more than $150,000 for a project, study, or activity with a base level over $100,000; and (2) $150,000 may be reprogrammed for any continuing study or activity of the Secretary that did not receive an appropriation for existing obligations and concomitant administrative expenses. 122. Lease durations The Secretary shall issue guidance on, in the case of a leasing decision pursuant to section 2667 of title 10, United States Code, or section 4 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 889, chapter 665; 16 U.S.C. 460d ), instances in which a lease duration in excess of 25 years is appropriate. 123. Sense of Congress relating to post-disaster repairs It is the sense of Congress that in permitting and funding post-disaster repairs, the Secretary should, to the maximum extent practicable, repair assets— (1) to project design levels; or (2) if the original project design is outdated, to above project design levels. 124. Payment of pay and allowances of certain officers from appropriation for improvements Section 36 of the Act of August 10, 1956 (70A Stat. 634, chapter 1041; 33 U.S.C. 583a ), is amended— (1) by striking Regular officers of the Corps of Engineers of the Army, and reserve officers of the Army who are assigned to the Corps of Engineers, and inserting the following: (a) In general The personnel described in subsection (b) ; and (2) by adding at the end the following: (b) Personnel described The personnel referred to in subsection (a) are the following: (1) Regular officers of the Corps of Engineers of the Army. (2) The following members of the Army who are assigned to the Corps of Engineers: (A) Reserve component officers. (B) Warrant officers (whether regular or reserve component). (C) Enlisted members (whether regular or reserve component). . 125. Reforestation The Secretary is encouraged to consider measures to restore swamps and other wetland forests in studies for water resources development projects for ecosystem restoration and flood and coastal storm risk management. 126. Use of other Federal funds Section 2007 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2222 ) is amended— (1) by striking water resources study or project and inserting water resources development study or project, including a study or project under a continuing authority program (as defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d(c)(1)(D) )), ; and (2) by striking the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project and inserting the funds appropriated to the Federal agency are for a purpose that is similar or complementary to the purpose of the study or project . 127. National low-head dam inventory The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended by adding at the end the following: 15. National low-head dam inventory (a) Definitions In this section: (1) Inventory The term inventory means the national low-head dam inventory developed under subsection (b)(1). (2) Low-head dam The term low-head dam means a river-wide dam that generally spans a stream channel, blocking the waterway and creating a backup of water behind the dam, with a drop off over the wall of not less than 6 inches and not more than 25 feet. (3) Secretary The term Secretary means the Secretary of the Army. (b) National low-head dam inventory (1) In general Not later than 18 months after the date of enactment of this section, the Secretary, in consultation with the heads of appropriate Federal and State agencies, shall— (A) develop an inventory of low-head dams in the United States that includes— (i) the location, ownership, description, current use, condition, height, and length of each low-head dam; (ii) any information on public safety conditions at each low-head dam; (iii) public safety information on the dangers of low-head dams; (iv) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams; and (v) any other relevant information concerning low-head dams; and (B) submit the inventory to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (2) Data In carrying out this subsection, the Secretary shall— (A) coordinate with Federal and State agencies and other relevant entities; and (B) use data provided to the Secretary by those agencies. (3) Updates The Secretary, in consultation with appropriate Federal and State agencies, shall maintain and periodically publish updates to the inventory. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $30,000,000. (d) Clarification Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section. . 128. Transfer of excess credit Section 1020 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2223 ) is amended— (1) in subsection (a), by adding at the end the following: (3) Studies and projects with multiple non-Federal interests A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any of those non-Federal interests, subject to the condition that each non-Federal interest for the study or project for which the credit described in paragraph (1) is provided concurs in writing. ; (2) in subsection (b), by adding at the end the following: (3) Conditional approval of excess credit The Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost sharing agreement or project partnership agreement for that authorized study or project. ; (3) by striking subsection (d); and (4) by redesignating subsection (e) as subsection (d). 129. National levee restoration (a) Definition of rehabilitation Section 9002(13) of the Water Resources Development Act of 2007 ( 33 U.S.C. 3301(13) ) is amended— (1) by inserting , or improvement after removal ; and (2) by inserting , increase resiliency to extreme weather events, after flood risk . (b) Levee rehabilitation assistance program Section 9005(h) of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303a(h) ) is amended— (1) in paragraph (7), by striking $10,000,000 and inserting $25,000,000 ; and (2) by adding at the end the following: (11) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )). . 130. Inland waterways regional dredge pilot program Section 1111 of the America's Water Infrastructure Act of 2018 ( 33 U.S.C. 2326 note; Public Law 115–270 ) is amended by adding at the end the following: (e) Inland waterways regional dredge pilot program (1) In general The Secretary is authorized to establish a pilot program (referred to in this subsection as the pilot program ) to conduct a multiyear dredging demonstration program to award contracts with a duration of up to 5 years for projects on inland waterways. (2) Purposes The purposes of the pilot program shall be— (A) to increase the reliability, availability, and efficiency of federally-owned and federally-operated inland waterways projects; (B) to decrease operational risks across the inland waterways system; and (C) to provide cost-savings by combining work across multiple projects across different accounts of the Corps of Engineers. (3) Demonstration (A) In general The Secretary shall, to the maximum extent practicable, award contracts for projects on inland waterways that combine work across the Construction and Operation and Maintenance accounts of the Corps of Engineers. (B) Projects In awarding contracts under subparagraph (A), the Secretary shall consider projects that— (i) improve navigation reliability on inland waterways that are accessible year-round; (ii) increase freight capacity on inland waterways; and (iii) have the potential to enhance the availability of containerized cargo on inland waterways. (4) Savings clause Nothing in this subsection affects the responsibility of the Secretary with respect to the construction and operations and maintenance of projects on the inland waterways system. (5) Report to Congress Not later than 1 year after the date on which the first contract is awarded pursuant to the pilot program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates, with respect to the pilot program and any contracts awarded under the pilot program— (A) cost effectiveness; (B) reliability and performance; (C) cost savings attributable to mobilization and demobilization of dredge equipment; and (D) response times to address navigational impediments. (6) Sunset The authority of the Secretary to enter into contracts pursuant to the pilot program shall expire on the date that is 10 years after the date of enactment of this Act. . 131. Funding to process permits Section 214(a)(2) of the Water Resources Development Act of 2000 ( 33 U.S.C. 2352(a)(2) ) is amended— (1) by striking The Secretary and inserting the following: (A) In general The Secretary ; and (2) by adding at the end the following: (B) Multi-user mitigation bank instrument processing (i) In general An activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if— (I) the non-Federal public entity, public-utility company, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and (II) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph. (ii) Use of credits The use of credits generated by the mitigation bank established using expedited processing under clause (i) shall be limited to current and future projects and activities of the entity, company, or carrier described in subclause (I) of that clause for a public purpose, except that in the case of a non-Federal public entity, not more than 25 percent of the credits may be sold to other public and private entities. . 132. Non-Federal project implementation pilot program Section 1043(b) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2201 note; Public Law 113–121 ) is amended— (1) in paragraph (3), by inserting or discrete segment after separable element each place it appears; and (2) by adding at the end the following: (10) Definition of discrete segment In this subsection, the term discrete segment means a physical portion of a project or separable element that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof. . 133. Cost sharing for territories and Indian Tribes Section 1156 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2310 ) is amended by adding at the end the following: (c) Application to studies (1) Inclusion For purposes of this section, the term study includes watershed assessments. (2) Application The Secretary shall apply the waiver amount described in subsection (a) to reduce only the non-Federal share of study costs. . 134. Water supply conservation Section 1116 of the WIIN Act (130 Stat. 1639) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking during the 1-year period ending on the date of enactment of this Act and inserting for at least 2 years during the 10-year period preceding a request from a non-Federal interest for assistance under this section ; and (2) in subsection (b)(4), by inserting , including measures utilizing a natural feature or nature-based feature (as those terms are defined in section 1184(a)) to reduce drought risk after water supply . 135. Criteria for funding operation and maintenance of small, remote, and subsistence harbors (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small, remote, and subsistence harbors, taking into account the criteria provided in the joint explanatory statement of managers accompanying division D of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1352). (b) Inclusion in guidance The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary. (c) Report to Congress For fiscal year 2024, and biennially thereafter, in conjunction with the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives a report that identifies the ranking of projects in accordance with the criteria developed under subsection (a). 136. Protection of lighthouses Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) is amended by inserting lighthouses, including those lighthouses with historical value, after schools, . 137. Expediting hydropower at Corps of Engineers facilities Section 1008 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2321b ) is amended— (1) in subsection (b)(1), by inserting and to meet the requirements of subsection (b) after projects ; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: (b) Implementation of policy The Secretary shall— (1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and (2) assess opportunities— (A) to increase the development of hydroelectric power at existing hydroelectric water resources development projects of the Corps of Engineers; and (B) to develop new hydroelectric power at nonpowered water resources development projects of the Corps of Engineers. . 138. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities (a) Definition of eligible public recreation facility In this section, the term eligible public recreation facility means a facility at a reservoir operated by the Corps of Engineers that— (1) was constructed to enable public use of and access to the reservoir; and (2) requires repair, restoration, or rehabilitation to function. (b) Authorization During a period of low water at an eligible public recreation facility, the Secretary is authorized— (1) to accept and use materials, services, and funds from a non-Federal interest to repair, restore, or rehabilitate the facility; and (2) to reimburse the non-Federal interest for the Federal share of the materials, services, or funds. (c) Requirement The Secretary may not reimburse a non-Federal interest for the use of materials or services accepted under this section unless the materials or services— (1) meet the specifications of the Secretary; and (2) comply with all applicable laws and regulations that would apply if the materials and services were acquired by the Secretary, including subchapter IV of chapter 31 and chapter 37 of title 40, United States Code, section 8302 of title 41, United States Code, and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (d) Agreement Before the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest shall enter into an agreement that— (1) specifies that the non-Federal interest shall hold and save the United States free from any and all damages that arise from use of materials or services of the non-Federal interest, except for damages due to the fault or negligence of the United States or its contractors; (2) requires that the non-Federal interest shall certify that the materials or services comply with all applicable laws and regulations under subsection (c); and (3) includes any other term or condition required by the Secretary. 139. Dredged material management plans (a) In general The Secretary shall prioritize implementation of section 125(c) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2326h ) at federally authorized harbors in the State of Ohio. (b) Requirements Each dredged material management plan prepared by the Secretary under section 125(c) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2326h ) for a federally authorized harbor in the State of Ohio shall— (1) include, in the baseline conditions, an annual prohibition on use of funding for open-lake disposal of dredged material; and (2) maximize beneficial use of dredged material under the base plan and under section 204(d) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(d) ). (c) Savings provision This section does not— (1) impose a prohibition on use of funding for open-lake disposal of dredged material; or (2) require the development or implementation of a dredged material management plan in accordance with subsection (b) if use of funding for open-lake disposal is not otherwise prohibited by law. 140. Lease deviations The Secretary shall fully implement the requirements of section 153 of the Water Resources Development Act of 2020 (134 Stat. 2658). 141. Columbia River Basin flood risk management (a) In general The Secretary is encouraged to utilize all existing authorities of the Secretary to facilitate— (1) the renegotiation of the Treaty Relating to Cooperative Development of the Water Resources of the Columbia River Basin, signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638); and (2) the execution of the obligations of the United States under the Treaty described in paragraph (1). (b) Status updates Not later than 90 days after the enactment of this Act and not less frequently than biannually thereafter, the Secretary shall update the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on— (1) the status of activities carried out by the Secretary under subsection (a); and (2) any recommendations for legislation to authorize the Secretary to carry out additional activities for the purposes described in subsection (a). (c) Expiration The requirements of subsection (b) shall terminate on the date that is not later than 1 year after ratification of any successor treaty to the Treaty described in subsection (a)(1). 142. Continuation of construction (a) In general The Secretary shall not include the amount of Federal obligations incurred and non-Federal contributions provided for an authorized water resources development project during the period beginning on the date of enactment of this Act and ending on September 30, 2025, for purposes of determining if the cost of the project exceeds the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ). (b) Continuation of construction (1) In general The Secretary shall not, solely on the basis of section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 )— (A) defer the initiation or continuation of construction of a water resources development project during the period described in subsection (a); or (B) terminate a contract for design or construction of a water resources development project entered into during the period described in subsection (a) after expiration of that period. (2) Resumption of construction The Secretary shall resume construction of any water resources development project for which construction was deferred on the basis of section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ) during the period beginning on October 1, 2021, and ending on the date of enactment of this Act. (c) Statutory construction Nothing in this section waives the obligation of the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a post-authorization change report recommending an increase in the authorized cost of a project if the project otherwise would exceed the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ). II Studies and reports 201. Authorization of feasibility studies (a) In general The Secretary is authorized to investigate the feasibility of the following projects: (1) Project for ecosystem restoration, Mill Creek Levee and Walla Walla River, Oregon. (2) Project for flood risk management and ecosystem restoration, Tittabawassee River, Chippewa River, Pine River, and Tobacco River, Michigan. (3) Project for flood risk management, Southeast Michigan. (4) Project for flood risk management, McMicken Dam, Arizona. (5) Project for flood risk management, Ellicott City and Howard County, Maryland. (6) Project for flood risk management, Ten Mile River, North Attleboro, Massachusetts. (7) Project for flood risk management and water supply, Fox-Wolf Basin, Wisconsin. (8) Project for flood risk management and ecosystem restoration, Thatchbed Island, Essex, Connecticut. (9) Project for flood and coastal storm risk management, Cape Fear River Basin, North Carolina. (10) Project for flood risk management, Lower Clear Creek and Dickinson Bayou, Texas. (11) Project for flood risk management and ecosystem restoration, the Resacas, Hidalgo and Cameron Counties, Texas. (12) Project for flood risk management, including levee improvement, Papillion Creek, Nebraska. (13) Project for flood risk management, Offutt Ditch Pump Station, Nebraska. (14) Project for flood risk management, navigation, and ecosystem restoration, Mohawk River Basin, New York. (15) Project for coastal storm risk management, Waikiki Beach, Hawaii. (16) Project for ecosystem restoration and coastal storm risk management, Cumberland and Sea Islands, Georgia. (17) Project for flood risk management, Wailupe Stream watershed, Hawaii. (18) Project for flood and coastal storm risk management, Hawaii County, Hawaii. (19) Project for coastal storm risk management, Maui County, Hawaii. (20) Project for flood risk management, Sarpy County, Nebraska. (21) Project for aquatic ecosystem restoration, including habitat for endangered salmon, Columbia River Basin. (22) Project for ecosystem restoration, flood risk management, and recreation, Newport, Kentucky. (23) Project for flood risk management and water supply, Jenkins, Kentucky. (24) Project for flood risk management, including riverbank stabilization, Columbus, Kentucky. (25) Project for flood and coastal storm risk management, navigation, and ecosystem restoration, South Shore, Long Island, New York. (26) Project for flood risk management, coastal storm risk management, navigation, ecosystem restoration, and water supply, Blind Brook, New York. (27) Project for navigation, Cumberland River, Kentucky. (b) Project modifications The Secretary is authorized to investigate the feasibility of the following modifications to the following projects: (1) Modifications to the project for navigation, South Haven Harbor, Michigan, for turning basin improvements. (2) Modifications to the project for navigation, Rollinson Channel and channel from Hatteras Inlet to Hatteras, North Carolina, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1174), to incorporate the ocean bar. (3) Modifications to the project for flood control, Saint Francis River Basin, Missouri and Arkansas, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 172, chapter 188), to provide flood risk management for the tributaries and drainage of Straight Slough, Craighead, Poinsett, and Cross Counties, Arkansas. (4) Modifications to the project for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366), consistent with the City of Cedar Rapids, Iowa, Cedar River Flood Control System Master Plan. (5) Modifications to the project for navigation, Norfolk Harbor and Channels, Virginia, for Anchorage F modifications. (6) Modifications to the project for navigation, Savannah Harbor, Georgia, without evaluation of additional deepening. (7) Modifications to the project for navigation, Honolulu Harbor, Hawaii, for navigation improvements and coastal storm risk management. (8) Modifications to the project for navigation, Port of Ogdensburg, New York, including deepening. (9) Modifications to the Huntington Local Protection Project, Huntington, West Virginia. 202. Special rules (a) The studies authorized by paragraphs (12) and (13) of section 201(a) shall be considered a continuation of the study that resulted in the Chief’s Report for the project for Papillion Creek and Tributaries Lakes, Nebraska, signed January 24, 2022. (b) The study authorized by section 201(a)(17) shall be considered a resumption and a continuation of the general reevaluation initiated on December 30, 2003. (c) In carrying out the study authorized by section 201(a)(25), the Secretary shall study the South Shore of Long Island, New York, as a whole system, including inlets that are Federal channels. (d) The studies authorized by section 201(b) shall be considered new phase investigations afforded the same treatment as a general reevaluation. 203. Expedited completion of studies (a) Feasibility reports The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project: (1) Modifications to the project for flood risk management, North Adams, Massachusetts, authorized by section 5 of the Act of June 22, 1936 (commonly known as the Flood Control Act of 1936 ) (49 Stat. 1572, chapter 688; 33 U.S.C. 701h ), and section 3 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 639, chapter 377), for flood risk management and ecosystem restoration. (2) Project for coastal storm risk management, Charleston Peninsula, South Carolina. (3) Project for flood and coastal storm risk management and ecosystem restoration, Boston North Shore, Revere, Saugus, Lynn, Maiden, and Everett, Massachusetts. (4) Project for flood risk management, De Soto County, Mississippi. (5) Project for coastal storm risk management, Chicago shoreline, Illinois. (6) Project for flood risk management, Cave Buttes Dam, Arizona. (7) Project for flood and coastal storm risk management, Chelsea, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969. (8) Project for ecosystem restoration, Herring River Estuary, Barnstable County, Massachusetts, authorized by a study resolution of the Committee on Transportation and Infrastructure of the House of Representatives dated July 23, 1997. (9) Project for coastal storm risk management, ecosystem restoration, and navigation, Nauset Barrier Beach and inlet system, Chatham, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969. (10) Project for flood risk management, East Hartford Levee System, Connecticut. (11) Project for flood risk management, Rahway, New Jersey, authorized by section 336 of the Water Resources Development Act of 2020 (134 Stat. 2712). (12) New York and New Jersey Harbor Channel Deepening Improvements, New York and New Jersey. (13) Project for coastal storm risk management, Sea Bright to Manasquan, New Jersey. (14) Project for coastal storm risk management, Raritan Bay and Sandy Hook Bay, New Jersey. (15) Tacoma Harbor Navigation Improvement Project, Washington. (16) Project for coastal storm risk management, South Central Coastal Louisiana, Louisiana. (17) Project for coastal storm risk management, St. Tammany Parish, Louisiana. (18) Project for ecosystem restoration, Fox River, Illinois, authorized by section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653). (19) Project for ecosystem restoration, Chicago River, Illinois. (20) Project for ecosystem restoration, Three Forks of Beargrass Creek, Kentucky. (21) Project for ecosystem restoration, Lake Okeechobee, Florida. (22) Project for ecosystem restoration, Western Everglades, Florida. (23) Modifications to the project for navigation, Hilo Harbor, Hawaii. (24) Project for flood risk management, Kanawha River Basin, West Virginia, Virginia, North Carolina. (25) Modifications to the project for navigation, Auke Bay, Alaska. (b) Post-authorization change reports The Secretary shall expedite completion of a post-authorization change report for the following projects: (1) Project for ecosystem restoration, Tres Rios, Arizona, authorized by section 101(b)(4) of the Water Resources Development Act of 2000 (114 Stat. 2577). (2) Project for coastal storm risk management, Surf City and North Topsail Beach, North Carolina, authorized by section 7002(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1367). (3) Project for water supply and ecosystem restoration, Howard A. Hanson Dam, Washington, authorized by section 101(b)(15) of the Water Resources Development Act of 1999 (113 Stat. 281). (4) Project for ecosystem restoration, Central and Southern Florida, Indian River Lagoon, Florida, authorized by section 1001(14) of the Water Resources Development Act of 2007 (121 Stat. 1051). (c) Watershed and river basin assessments The Secretary shall expedite the completion of the following assessments under section 729 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2267a ): (1) Great Lakes Coastal Resiliency Study, Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. (2) Ouachita-Black Rivers, Arkansas and Louisiana. (3) Project for watershed assessment, Hawaii County, Hawaii. (d) Disposition study The Secretary shall expedite the completion of the disposition study for the Los Angeles County Drainage Area under section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a ). 204. Studies for periodic nourishment (a) In general Section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f )) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking 15 and inserting 50 ; and (B) in paragraph (2), by striking 15 ; (2) in subsection (e)— (A) by striking 10-year period and inserting 16-year period ; and (B) by striking 6 years and inserting 12 years ; and (3) by adding at the end the following: (f) Treatment of studies A study carried out under subsection (b) shall be considered a new phase investigation afforded the same treatment as a general reevaluation. . (b) Indian River Inlet Sand Bypass Plant For purposes of the project for coastal storm risk management, Delaware Coast Protection, Delaware (commonly known as the Indian River Inlet Sand Bypass Plant ), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), a study carried out under section 156(b) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(b)) shall consider as an alternative for periodic nourishment continued reimbursement of the Federal share of the cost to the non-Federal interest for the project to operate and maintain a sand bypass plant. 205. NEPA reporting (a) Definitions In this section: (1) Categorical exclusion The term categorical exclusion has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (2) Environmental assessment The term environmental assessment has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (3) Environmental impact statement The term environmental impact statement means a detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (4) Finding of no significant impact The term finding of no significant impact has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (5) NEPA process (A) In general The term NEPA process has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (B) Period For purposes of subparagraph (A), the NEPA process— (i) begins on the date on which the Secretary initiates a project study; and (ii) ends on the date on which the Secretary issues, with respect to the project study— (I) a record of decision, including, if necessary, a revised record of decision; (II) a finding of no significant impact; or (III) a categorical exclusion under title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ). (6) Project study The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) for which a categorical exclusion, an environmental assessment, or an environmental impact statement is required pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (b) Reports (1) NEPA data (A) In general The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in subparagraph (B). (B) Information described The information referred to in subparagraph (A) is, with respect to the Corps of Engineers— (i) the number of project studies for which a categorical exclusion was used during the reporting period; (ii) the number of project studies for which the decision to use a categorical exclusion, to prepare an environmental assessment, or to prepare an environmental impact statement is pending on the date on which the report is submitted; (iii) the number of project studies for which an environmental assessment was issued during the reporting period, broken down by whether a finding of no significant impact, if applicable, was based on mitigation; (iv) the length of time the Corps of Engineers took to complete each environmental assessment described in clause (iii); (v) the number of project studies pending on the date on which the report is submitted for which an environmental assessment is being drafted; (vi) the number of project studies for which an environmental impact statement was issued during the reporting period; (vii) the length of time the Corps of Engineers took to complete each environmental impact statement described in clause (vi); and (viii) the number of project studies pending on the date on which the report is submitted for which an environmental impact statement is being drafted. (2) Public access to NEPA reports The Secretary shall make publicly available each annual report required under paragraph (1). 206. GAO audit of projects over budget or behind schedule (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the factors and conditions for each ongoing water resources development project carried out by the Secretary for which— (1) the current estimated total project cost of the project exceeds the original estimated total project cost of the project by not less than $50,000,000; or (2) the current estimated completion date of the project exceeds the original estimated completion date of the project by not less than 5 years. (b) Report The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a). 207. GAO study on project distribution (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct an analysis of the geographic distribution of annual and supplemental funding for water resources development projects carried out by the Secretary over the previous 10 fiscal years and the factors that have led to that distribution. (b) Report The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the analysis under subsection (a). 208. GAO audit of joint costs for operations and maintenance (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the practices of the Corps of Engineers with respect to the determination of joint costs associated with operations and maintenance of reservoirs owned and operated by the Secretary. (b) Report The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review. 209. GAO review of Corps of Engineers mitigation practices (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out a review of the water resources development project mitigation practices of the Corps of Engineers. (b) Content The review under subsection (a) shall include an evaluation of— (1) the implementation by the Corps of Engineers of the final rule issued on April 10, 2008, entitled Compensatory Mitigation for Losses of Aquatic Resources (73 Fed. Reg. 19594), including, at a minimum— (A) the extent to which the final rule is consistently implemented by the districts of the Corps of Engineers; and (B) the performance of each of the mitigation mechanisms included in the final rule; and (2) opportunities to utilize alternative methods to satisfy mitigation requirements of water resources development projects, including, at a minimum, performance-based contracts. (c) Report The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review. (d) Definition of performance-based contract In this section, the term performance-based contract means a procurement mechanism by which the Corps of Engineers contracts with a public or private non-Federal entity for a specific mitigation outcome requirement, with payment to the entity linked to delivery of verifiable and successful mitigation performance. 210. Sabine–Neches Waterway Navigation Improvement project, Texas The Secretary shall expedite the review and coordination of the feasibility study for the project for navigation, Sabine–Neches Waterway, Texas, under section 203(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231(b) ). 211. Great Lakes recreational boating Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare, at full Federal expense, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report updating the findings of the report on the economic benefits of recreational boating in the Great Lakes basin prepared under section 455(c) of the Water Resources Development Act of 1999 ( 42 U.S.C. 1962d–21(c) ). 212. Upper St. Johns River Basin, Central and Southern Florida (a) In general On request and at the expense of the St. Johns River Water Management District, the Secretary shall evaluate the effects of deauthorizing the southernmost 3.5-mile reach of the L–73 levee, Section 2, Osceola County, Florida, on the functioning of the project for flood control and other purposes, Upper St. Johns River Basin, Central and Southern Florida, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176). (b) Report In carrying out the evaluation under subsection (a), the Secretary shall— (1) prepare a report that includes the results of the evaluation, including— (A) the advisability of deauthorizing the levee described in that subsection; and (B) any recommendations for conditions that should be placed on a deauthorization to protect the interests of the United States and the public; and (2) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the report under paragraph (1) as part of the annual report submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ). 213. Investments for recreation areas (a) Findings Congress finds the following: (1) The Corps of Engineers operates more recreation areas than any other Federal or State agency, apart from the Department of Interior. (2) Nationally, visitors to nearly 600 dams and lakes, managed by the Corps of Engineers, spend an estimated $12,000,000,000 per year and support 500,000 jobs. (3) Lakes managed by the Corps of Engineers are economic drivers that support rural communities. (b) Sense of Congress It is the sense of Congress that the Corps of Engineers should use all available authorities to promote and enhance development and recreational opportunities at lakes that are part of authorized civil works projects under the administrative jurisdiction of the Corps of Engineers. (c) Report Not later than 180 days after the enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on investments needed to support recreational activities that are part of authorized water resources development projects under the administrative jurisdiction of the Corps of Engineers. (d) Requirements The report under subsection (c) shall include— (1) a list of deferred maintenance projects, including maintenance projects relating to recreational facilities, sites, and associated access roads; (2) a plan to fund the projects described in paragraph (1) over the 5-year period following the date of enactment of this Act; (3) a description of efforts made by the Corps of Engineers to coordinate investments in recreational facilities, sites, and associated access roads with— (A) State and local governments; or (B) private entities; and (4) an assessment of whether the modification of Federal contracting requirements could accelerate the availability of funds for the projects described in paragraph (1). 214. Western infrastructure study (a) Definitions of natural feature and nature-based feature In this section, the terms natural feature and nature-based feature have the meanings given those terms in section 1184(a) of the WIIN Act ( 33 U.S.C. 2289a(a) ). (b) Comprehensive study The Secretary shall conduct a comprehensive study (referred to in this section as the study ) to evaluate the effectiveness of carrying out additional measures, including measures that utilize natural features or nature-based features at or upstream of reservoirs for the purposes of— (1) sustaining operations in response to changing hydrological and climatic conditions; (2) mitigating the risk of drought or floods, including the loss of storage capacity due to sediment accumulation; (3) increasing water supply; or (4) aquatic ecosystem restoration. (c) Study focus In conducting the study, the Secretary shall include all reservoirs owned and operated by the Secretary and reservoirs for which the Secretary has flood control responsibilities under section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 890, chapter 665; 33 U.S.C. 709 ), in the South Pacific Division of the Corps of Engineers. (d) Consultation and use of existing data (1) Consultation In conducting the study, the Secretary shall consult with applicable— (A) Federal, State, and local agencies; (B) Indian Tribes; (C) non-Federal interests; and (D) other stakeholders, as determined appropriate by the Secretary. (2) Use of existing data and prior studies To the maximum extent practicable and where appropriate, the Secretary may— (A) use existing data provided to the Secretary by entities described in paragraph (1); and (B) incorporate— (i) relevant information from prior studies and projects carried out by the Secretary; and (ii) the latest technical data and scientific approaches with respect to changing hydrological and climatic conditions. (e) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— (1) the results of the study; and (2) any recommendations on site-specific areas where additional study is recommended by the Secretary. (f) Savings provision Nothing in this section provides authority to the Secretary to change the authorized purposes at any of the reservoirs described in subsection (c). 215. Upper Mississippi River and Illinois Waterway System Section 8004(g) of the Water Resources Development Act of 2007 ( 33 U.S.C. 652 note; Public Law 110–114 ) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: (2) Report on water level management Not later than 1 year after the date of enactment of the Water Resources Development Act of 2022 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report on opportunities to expand the use of water level management on the Upper Mississippi River and Illinois Waterway System for the purpose of ecosystem restoration. . 216. West Virginia hydropower (a) In general For water resources development projects described in subsection (b), the Secretary is authorized— (1) to evaluate the feasibility of modifications to such projects for the purposes of adding Federal hydropower or energy storage development; and (2) to grant approval for the use of such projects for non-Federal hydropower or energy storage development in accordance with section 14 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1152, chapter 425; 33 U.S.C. 408 ). (b) Projects described The projects referred to in subsection (a) are the following: (1) Sutton Dam, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688). (2) Hildebrand Lock and Dam, Monongahela County, West Virginia, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 166, chapter 188). (3) Bluestone Lake, Summers County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688). (4) R.D. Bailey Dam, Wyoming County, West Virginia, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1188). (5) Stonewall Jackson Dam, Lewis County, West Virginia, authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1421). (6) East Lynn Dam, Wayne County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688). (7) Burnsville Lake, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688). (c) Demonstration projects The authority for facility modifications under subsection (a) includes demonstration projects. 217. Recreation and economic development at Corps facilities in Appalachia (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to implement the recreational and economic development opportunities identified by the Secretary in the report prepared under section 206 of the Water Resources Development Act of 2020 (134 Stat. 2680) at Corps of Engineers facilities located within a distressed or at-risk county (as described in subsection (a)(1) of that section) in Appalachia. (b) Considerations In preparing the plan under subsection (a), the Secretary shall consider options for Federal funding, partnerships, and outgrants to Federal, State, and local governments, nonprofit organizations, and commercial businesses. 218. Automated fee machines For the purpose of mitigating adverse impacts to public access to outdoor recreation, to the maximum extent practicable, the Secretary shall consider alternatives to the use of automated fee machines for the collection of fees for the use of developed recreation sites and facilities in West Virginia. 219. Lake Champlain Canal, Vermont and New York Section 5146 of the Water Resources Development Act of 2007 (121 Stat. 1255) is amended by adding at the end the following: (c) Clarifications (1) In general At the request of the non-Federal interest for the study of the Lake Champlain Canal Aquatic Invasive Species Barrier carried out under section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652), the Secretary shall scope the phase II portion of that study to satisfy the feasibility determination under subsection (a). (2) Dispersal barrier A dispersal barrier constructed, maintained, or operated under this section may include— (A) physical hydrologic separation; (B) nonstructural measures; (C) deployment of technologies; (D) buffer zones; or (E) any combination of the approaches described in subparagraphs (A) through (D). . 220. Report on concessionaire practices (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on concessionaire lease practices by the Corps of Engineers. (b) Inclusions The report under subsection (a) shall include, at a minimum— (1) an assessment of the reasonableness of the formula of the Corps of Engineers for calculating concessionaire rental rates, taking into account the operating margins for sales of food and fuel; and (2) the process for assessing administrative fees to concessionaires across districts of the Corps of Engineers. III Deauthorizations, modifications, and related provisions 301. Additional assistance for critical projects (a) Atlanta, Georgia Section 219(e)(5) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended by striking $25,000,000 and inserting $75,000,000 . (b) Eastern Shore and Southwest Virginia Section 219(f)(10)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended— (1) by striking $20,000,000 and inserting $52,000,000 ; and (2) by striking Accomac and inserting Accomack . (c) Lakes Marion and Moultrie, South Carolina Section 219(f)(25) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 130 Stat. 1677; 134 Stat. 2719) is amended by striking $110,000,000 and inserting $151,500,000 . (d) Lake County, Illinois Section 219(f)(54) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–221) is amended— (1) in the paragraph heading, by striking Cook County and inserting Cook County and Lake County ; and (2) by striking $35,000,000 and inserting $100,000,000 . (e) Madison and St. Clair Counties, Illinois Section 219(f)(55) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–221; 134 Stat. 2718) is amended by striking $45,000,000 and inserting $100,000,000 . (f) Calaveras County, California Section 219(f)(86) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking $3,000,000 and inserting $13,280,000 . (g) Los Angeles County, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking paragraph (93) and inserting the following: (93) Los Angeles County, California (A) In general $38,000,000 for wastewater and water related infrastructure, Los Angeles County, California. (B) Eligibility The Water Replenishment District of Southern California may be eligible for assistance under this paragraph. . (h) Michigan Section 219(f)(157) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1262) is amended— (1) by striking $35,000,000 for and inserting the following: (A) In general $85,000,000 for ; and (2) by adding at the end the following: (B) Additional projects Amounts made available under subparagraph (A) may be used for design and construction projects for water-related environmental infrastructure and resource protection and development projects in Michigan, including for projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development. . (i) Myrtle Beach and vicinity, South Carolina Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (250) and inserting the following: (250) Myrtle Beach and vicinity, South Carolina $31,000,000 for environmental infrastructure, including ocean outfalls, Myrtle Beach and vicinity, South Carolina. . (j) North Myrtle Beach and vicinity, South Carolina Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (251) and inserting the following: (251) North Myrtle Beach and vicinity, South Carolina $74,000,000 for environmental infrastructure, including ocean outfalls, North Myrtle Beach and vicinity, South Carolina. . (k) Horry County, South Carolina Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended by adding at the end the following: (274) Horry County, South Carolina $19,000,000 for environmental infrastructure, including ocean outfalls, Horry County, South Carolina. . (l) Lane County, Oregon Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (k)) is amended by adding at the end the following: (275) Lane County, Oregon $20,000,000 for environmental infrastructure, Lane County, Oregon. . (m) Placer County, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (l)) is amended by adding at the end the following: (276) Placer County, California $21,000,000 for environmental infrastructure, Placer County, California. . (n) Alameda County, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (m)) is amended by adding at the end the following: (277) Alameda County, California $20,000,000 for environmental infrastructure, Alameda County, California. . (o) Temecula City, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (n)) is amended by adding at the end the following: (278) Temecula City, California $18,000,000 for environmental infrastructure, Temecula City, California. . (p) Yolo County, California Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (o)) is amended by adding at the end the following: (279) Yolo County, California $6,000,000 for environmental infrastructure, Yolo County, California. . (q) Clinton, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (p)) is amended by adding at the end the following: (280) Clinton, Mississippi $13,600,000 for environmental infrastructure, Clinton, Mississippi. . (r) Oxford, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (q)) is amended by adding at the end the following: (281) Oxford, Mississippi $10,000,000 for environmental infrastructure, Oxford, Mississippi. . (s) Madison County, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (r)) is amended by adding at the end the following: (282) Madison County, Mississippi $10,000,000 for environmental infrastructure, Madison County, Mississippi. . (t) Rankin County, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (s)) is amended by adding at the end the following: (283) Rankin County, Mississippi $10,000,000 for environmental infrastructure, Rankin County, Mississippi. . (u) Meridian, Mississippi Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (t)) is amended by adding at the end the following: (284) Meridian, Mississippi $10,000,000 for wastewater infrastructure, Meridian, Mississippi. . (v) Delaware Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (u)) is amended by adding at the end the following: (285) Delaware $50,000,000 for sewer, stormwater system improvements, storage treatment, environmental restoration, and related water infrastructure, Delaware. . (w) Queens, New York Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (v)) is amended by adding at the end the following: (286) Queens, New York $20,000,000 for the design and construction of stormwater management and improvements to combined sewer overflows to reduce the risk of flood impacts, Queens, New York. . (x) Georgia Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (w)) is amended by adding at the end the following: (287) Georgia $75,000,000 for environmental infrastructure, Baldwin County, Bartow County, Floyd County, Haralson County, Jones County, Gilmer County, Towns County, Warren County, Lamar County, Lowndes County, Troup County, Madison County, Toombs County, Dade County, Bulloch County, Gordon County, Walker County, Dooly County, Butts County, Clarke County, Crisp County, Newton County, Bibb County, Baker County, Barrow County, Oglethorpe County, Peach County, Brooks County, Carroll County, Worth County, Jenkins County, Wheeler County, Calhoun County, Randolph County, Wilcox County, Stewart County, Telfair County, Clinch County, Hancock County, Ben Hill County, Jeff Davis County, Chattooga County, Lanier County, Brantley County, Charlton County, Tattnall County, Emanuel County, Mitchell County, Turner County, Bacon County, Terrell County, Macon County, Ware County, Bleckley County, Colquitt County, Washington County, Berrien County, Coffee County, Pulaski County, Cook County, Atkinson County, Candler County, Taliaferro County, Evans County, Johnson County, Irwin County, Dodge County, Jefferson County, Appling County, Taylor County, Wayne County, Clayton County, Decatur County, Schley County, Sumter County, Early County, Webster County, Clay County, Upson County, Long County, Twiggs County, Dougherty County, Quitman County, Meriwether County, Stephens County, Wilkinson County, Murray County, Wilkes County, Elbert County, McDuffie County, Heard County, Marion County, Talbot County, Laurens County, Montgomery County, Echols County, Pierce County, Richmond County, Chattahoochee County, Screven County, Habersham County, Lincoln County, Burke County, Liberty County, Tift County, Polk County, Glascock County, Grady County, Jasper County, Banks County, Franklin County, Whitfield County, Treutlen County, Crawford County, Hart County, Georgia. . (y) Maryland Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (x)) is amended by adding at the end the following: (288) Maryland $100,000,000 for water, wastewater, and other environmental infrastructure, Maryland. . (z) Milwaukee metropolitan area, Wisconsin Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (y)) is amended by adding at the end the following: (289) Milwaukee metropolitan area, Wisconsin $4,500,000 for water-related infrastructure, resource protection and development, stormwater management, and reduction of combined sewer overflows, Milwaukee metropolitan area, Wisconsin. . (aa) Hawaii Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (z)) is amended by adding at the end the following: (290) Hawaii $75,000,000 for water-related infrastructure, resource protection and development, wastewater treatment, water supply, urban storm water conveyance, environmental restoration, and surface water protection and development, Hawaii. . (bb) Alabama Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (aa)) is amended by adding at the end the following: (291) Alabama $50,000,000 for water, wastewater, and other environmental infrastructure, Alabama. . (cc) Mississippi Section 592(g) of the Water Resources Development Act of 1999 (113 Stat. 380; 123 Stat. 2851) is amended by striking $200,000,000 and inserting $300,000,000 . (dd) Central New Mexico Section 593(h) of the Water Resources Development Act of 1999 (113 Stat. 381; 119 Stat. 2255) is amended by striking $50,000,000 and inserting $100,000,000 . (ee) North Dakota and Ohio Section 594 of the Water Resources Development Act of 1999 (113 Stat. 381; 121 Stat. 1140; 121 Stat. 1944) is amended by adding at the end the following: (i) Authorization of additional appropriations In addition to amounts authorized under subsection (h), there is authorized to be appropriated to carry out this section $100,000,000, to be divided between the States referred to in subsection (a). . (ff) Western rural water Section 595(i) of the Water Resources Development Act of 1999 (113 Stat. 383; 134 Stat. 2719) is amended— (1) in paragraph (1), by striking $435,000,000 and inserting $490,000,000 ; and (2) in paragraph (2), by striking $150,000,000 and inserting $200,000,000 . (gg) Lake Champlain Watershed, Vermont and New York Section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150) is amended— (1) in subsection (b)(2)(C), by striking planning and inserting clean water infrastructure planning, design, and construction ; and (2) in subsection (g), by striking $32,000,000 and inserting $100,000,000 . (hh) Texas Section 5138 of the Water Resources Development Act of 2007 (121 Stat. 1250) is amended— (1) in subsection (b), by striking , as identified by the Texas Water Development Board ; (2) in subsection (e)(3), by inserting and construction after design work ; (3) by redesignating subsection (g) as subsection (i); and (4) by inserting after subsection (f) the following: (g) Nonprofit entities In accordance with section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any project carried out under this section, a non-Federal interest may include a nonprofit entity with the consent of the affected local government. (h) Corps of Engineers expenses Not more than 10 percent of the amounts made available to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense. . 302. Southern West Virginia (a) In general Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended— (1) in the section heading, by striking environmental restoration infrastructure and resource protection development pilot program ; and (2) by striking subsection (f) and inserting the following: (f) Definition of southern West Virginia In this section, the term southern West Virginia means the counties of Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming, West Virginia. . (b) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 (106 Stat. 4799) is amended by striking the item relating to section 340 and inserting the following: Sec. 340. Southern West Virginia. . 303. Northern West Virginia (a) In general Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended— (1) in the section heading, by striking Central and inserting Northern ; (2) by striking subsection (a) and inserting the following: (a) Definition of northern West Virginia In this section, the term northern West Virginia means the counties of Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and Wood, West Virginia. ; (3) in subsection (b), by striking central and inserting northern ; and (4) in subsection (c), by striking central and inserting northern . (b) Clerical amendment The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 571 and inserting the following: Sec. 571. Northern West Virginia. . 304. Local cooperation agreements, northern West Virginia Section 219(f)(272) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended— (1) by striking $20,000,000 for water and wastewater and inserting the following: (A) In general $20,000,000 for water and wastewater ; and (2) by adding at the end the following: (B) Local cooperation agreements Notwithstanding subsection (a), at the request of a non-Federal interest for a project or a separable element of a project that receives assistance under this paragraph, the Secretary may adopt a model agreement developed in accordance with section 571(e) of the Water Resources Development Act of 1999 (113 Stat. 371). . 305. Special rule for certain beach nourishment projects (a) In general In the case of a water resources development project described in subsection (b), the Secretary shall— (1) fund, at full Federal expense, any incremental increase in cost to the project that results from a legal requirement to use a borrow source determined by the Secretary to be other than the least-cost option; and (2) exclude the cost described in paragraph (1) from the cost-benefit analysis for the project. (b) Authorized water resources development projects described An authorized water resources development project referred to in subsection (a) is any of the following: (1) The Townsends Inlet to Cape May Inlet, New Jersey, coastal storm risk management project, authorized by section 101(a)(26) of the Water Resources Development Act of 1999 (113 Stat. 278). (2) The Folly Beach, South Carolina, coastal storm risk management project, authorized by section 501(a) of the Water Resources Development Act of 1986 (100 Stat. 4136) and modified by section 108 of the Energy and Water Development Appropriations Act, 1992 (105 Stat. 520). (3) The Carolina Beach and Vicinity, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741). (4) The Wrightsville Beach, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741). (5) A project for coastal storm risk management for any shore included in a project described in this subsection that is specifically authorized by Congress on or after the date of enactment of this Act. (6) Emergency repair and restoration of any project described in this subsection under section 5 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n ). (c) Savings provision Nothing in this section limits the eligibility for, or availability of, Federal expenditures or financial assistance for any water resources development project, including any beach nourishment or renourishment project, under any other provision of Federal law. 306. Coastal community flood control and other purposes Section 103(k)(4) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(k)(4) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking Notwithstanding and inserting the following: (A) In general Notwithstanding ; (3) in subparagraph (A) (as so redesignated)— (A) in clause (i) (as so redesignated)— (i) by striking $200 million and inserting $200,000,000 ; and (ii) by striking and at the end; (B) in clause (ii) (as so redesignated)— (i) by inserting an amount equal to 2/3 of after repays ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) the non-Federal interest repays the balance of remaining principal by June 1, 2032. ; and (4) by adding at the end the following: (B) Repayment options Repayment of a non-Federal contribution under subparagraph (A)(iii) may be satisfied through the provision by the non-Federal interest of fish and wildlife mitigation for one or more projects or separable elements, if the Secretary determines that— (i) the non-Federal interest has incurred costs for the provision of mitigation that— (I) equal or exceed the amount of the required repayment; and (II) are in excess of any required non-Federal contribution for the project or separable element for which the mitigation is provided; and (ii) the mitigation is integral to the project for which it is provided. . 307. Modifications (a) In general The following modifications to studies and projects are authorized: (1) Mississippi River Gulf Outlet, Louisiana The Federal share of the cost of the project for ecosystem restoration, Mississippi River Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the Water Resources Development Act of 2007 (121 Stat. 1281), shall be 90 percent. (2) Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois Section 402(a)(1) of the Water Resources Development Act of 2020 (134 Stat. 2742) is amended by striking 80 percent and inserting 90 percent . (3) Lower Mississippi River comprehensive management study Section 213 of the Water Resources Development Act of 2020 (134 Stat. 2687) is amended by adding at the end the following: (j) Cost-share The Federal share of the cost of the comprehensive study described in subsection (a), and any feasibility study described in subsection (e), shall be 90 percent. . (4) Port of Nome, Alaska (A) In general The Secretary shall carry out the project for navigation, Port of Nome, Alaska, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2733). (B) Cost-share The Federal share of the cost of the project described in subparagraph (A) shall be 90 percent. (5) Chicago shoreline protection The project for storm damage reduction and shore protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois–Indiana State line, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664), is modified to authorize the Secretary to provide 65 percent of the cost of the locally preferred plan, as described in the Report of the Chief of Engineers dated April 14, 1994, for the construction of the following segments of the project: (A) Shoreline revetment at Morgan Shoal. (B) Shoreline revetment at Promontory Point. (6) Lower Mud River, Milton, West Virginia Notwithstanding section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), the Federal share of the cost of the project for flood control, Milton, West Virginia, authorized by section 580 of the Water Resources Development Act of 1996 (110 Stat. 3790), and modified by section 340 of the Water Resources Development Act of 2000 (114 Stat. 2612) and section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), shall be 90 percent. (b) Agreements At the request of the applicable non-Federal interests for the project described in section 402(a) of the Water Resources Development Act of 2020 (134 Stat. 2742) and for the studies described in subsection (j) of section 213 of that Act (134 Stat. 2687), the Secretary shall not require those non-Federal interests to be jointly and severally liable for all non-Federal obligations in the project partnership agreement for the project or in the feasibility cost share agreements for the studies. 308. Port Fourchon, Louisiana, dredged material disposal plan The Secretary shall determine that the dredged material disposal plan recommended in the document entitled Port Fourchon Belle Pass Channel Deepening Project Section 203 Feasibility Study (January 2019, revised January 2020) is the least cost, environmentally acceptable dredged material disposal plan for the project for navigation, Port Fourchon Belle Passe Channel, Louisiana, authorized by section 403(a)(4) of the Water Resources Development Act of 2020 (134 Stat. 2743). 309. Delaware shore protection and restoration (a) Delaware beneficial use of dredged material for the Delaware River, Delaware (1) In general The project for coastal storm risk management, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736) (referred to in this subsection as the project ), is modified— (A) to direct the Secretary to implement the project using alternative borrow sources to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297); and (B) until the Secretary implements the modification under subparagraph (A), to authorize the Secretary, at the request of a non-Federal interest, to carry out initial construction or periodic nourishments at any site included in the project under— (i) section 1122 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2326 note; Public Law 114–322 ); or (ii) section 204(d) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(d) ). (2) Treatment If the Secretary determines that a study is required to carry out paragraph (1)(A), the study shall be considered to be a continuation of the study that formulated the project. (3) Cost-share The Federal share of the cost of the project, including the cost of any modifications carried out under subsection (a)(1), shall be 90 percent. (b) Indian River Inlet Sand Bypass Plant, Delaware (1) In general The Indian River Inlet Sand Bypass Plant, Delaware, coastal storm risk management project (referred to in this subsection as the project ), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), is modified to authorize the Secretary, at the request of a non-Federal interest, to provide periodic nourishment through dedicated dredging or other means to maintain or restore the functioning of the project when— (A) the sand bypass plant is inoperative; or (B) operation of the sand bypass plant is insufficient to maintain the functioning of the project. (2) Requirements A cycle of periodic nourishment provided pursuant to paragraph (1) shall be subject to the following requirements: (A) Cost-share The non-Federal share of the cost of a cycle shall be the same percentage as the non-Federal share of the cost to operate the sand bypass plant. (B) Decision document If the Secretary determines that a decision document is required to support a request for funding for the Federal share of a cycle, the decision document may be prepared using funds made available to the Secretary for construction or for investigations. (C) Treatment (i) Decision document A decision document prepared under subparagraph (B) shall not be subject to a new investment determination. (ii) Cycles A cycle shall be considered continuing construction. (c) Delaware emergency shore restoration (1) In general The Secretary is authorized to repair or restore any beach or any federally authorized hurricane or shore protective structure or project located in the State of Delaware pursuant to section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), if— (A) the structure, project, or beach is damaged by wind, wave, or water action associated with a storm of any magnitude; and (B) the damage prevents the adequate functioning of the structure, project, or beach. (2) Benefit-cost analysis The Secretary shall determine that the benefits attributable to the objectives set forth in section 209 of the Flood Control Act of 1970 ( 42 U.S.C. 1962–2 ) and section 904(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2281(a) ) exceed the cost for work carried out under this subsection. (3) Savings provision The authority provided by this subsection shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ) to repair or restore a beach or federally authorized hurricane or shore protection structure or project located in the State of Delaware damaged or destroyed by wind, wave, or water action of other than an ordinary nature. (d) Indian River Inlet and Bay, Delaware In carrying out major maintenance of the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the Act of August 26, 1937 (50 Stat. 846, chapter 832), and section 2 of the Act of March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall repair, restore, or relocate any non-Federal facility or other infrastructure, that has been damaged, in whole or in part, by the deterioration or failure of the project. (e) Reprogramming for coastal storm risk management project at Indian River Inlet (1) In general Notwithstanding any other provision of law, for each fiscal year, the Secretary may reprogram amounts made available for a coastal storm risk management project to use such amounts for the project for coastal storm risk management, Indian River Inlet Sand Bypass Plant, Delaware, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182). (2) Limitations (A) In general The Secretary may carry out not more than 2 reprogramming actions under paragraph (1) for each fiscal year. (B) Amount For each fiscal year, the Secretary may reprogram— (i) not more than $100,000 per reprogramming action; and (ii) not more than $200,000 for each fiscal year. 310. Great Lakes advance measures assistance Section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ) (as amended by section 112(2)), is amended by adding at the end the following: (7) Special rule (A) In general The Secretary shall not deny a request from the Governor of a State to provide advance measures assistance under this subsection to reduce the risk of damage from rising water levels in the Great Lakes solely on the basis that the damage is caused by erosion. (B) Federal share Assistance provided by the Secretary pursuant to a request under subparagraph (A) may be at full Federal expense if the assistance is to construct advanced measures to a temporary construction standard. . 311. Rehabilitation of existing levees Section 3017(e) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3303a note; Public Law 113–121 ) is amended— (1) by striking this subsection and inserting this section ; and (2) by striking 10 years and inserting 20 years . 312. Pilot program for certain communities (a) Pilot programs on the formulation of corps of engineers projects in rural communities and economically disadvantaged communities Section 118 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 ) is amended— (1) in subsection (b)(2)(C), by striking 10 ; and (2) in subsection (c)— (A) in paragraph (2), in the matter preceding subparagraph (A), by striking make a recommendation to Congress on up to 10 projects and inserting recommend projects to Congress ; and (B) by adding at the end the following: (5) Recommendations In recommending projects under paragraph (2), the Secretary shall include such recommendations in the next annual report submitted to Congress under section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ) after the date of enactment of the Water Resources Development Act of 2022 . . (b) Pilot program for caps in small or disadvantaged communities Section 165(a) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 ) is amended— (1) in paragraph (2)(B), by striking a total of 10 ; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following: (4) Maximum Federal amount For a project carried out under this subsection, the maximum Federal amount, if applicable, shall be increased by the commensurate amount of the non-Federal share that would otherwise be required for the project under the applicable continuing authority program. . 313. Rehabilitation of Corps of Engineers constructed pump stations Section 133 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2327a ) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) Eligible pump station The term eligible pump station means a pump station that— (A) is a feature of a federally authorized flood or coastal storm risk management project; or (B) if inoperable, would impair drainage of water from areas interior to a federally authorized flood or coastal storm risk management project. ; (2) by striking subsection (b) and inserting the following: (b) Authorization The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that— (1) the pump station has a major deficiency; and (2) the rehabilitation is feasible. ; and (3) by striking subsection (f) and inserting the following: (f) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this section to economically disadvantaged communities. . 314. Chesapeake Bay environmental restoration and protection program Section 510(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3759; 128 Stat. 1317) is amended— (1) in subparagraph (B), by inserting and streambanks after shorelines ; (2) in subparagraph (E), by striking and at the end; (3) by redesignating subparagraph (F) as subparagraph (H); and (4) by inserting after subparagraph (E) the following: (F) wastewater treatment and related facilities; (G) stormwater and drainage systems; and . 315. Evaluation of hydrologic changes in Souris River Basin The Secretary is authorized to evaluate hydrologic changes affecting the agreement entitled Agreement Between the Government of Canada and the United States of America for Water Supply and Flood Control in The Souris River Basin , signed in 1989. 316. Memorandum of understanding relating to Baldhill Dam, North Dakota The Secretary may enter into a memorandum of understanding with the non-Federal interest for the Red River Valley Water Supply Project to accommodate flows for downstream users through Baldhill Dam, North Dakota. 317. Upper Mississippi River restoration program Section 1103(e)(3) of the Water Resources Development Act of 1986 ( 33 U.S.C. 652(e)(3) ) is amended by striking $40,000,000 and inserting $75,000,000 . 318. Harmful algal bloom demonstration program Section 128(c) of the Water Resources Development Act of 2020 ( 33 U.S.C. 610 note; Public Law 116–260 ) is amended by inserting the Upper Mississippi River and its tributaries, after New York, . 319. Colleton County, South Carolina Section 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)(i)) shall not apply to construction carried out by the non-Federal interest before the date of enactment of this Act for the project for hurricane and storm damage risk reduction, Colleton County, South Carolina, authorized by section 1401(3) of the Water Resources Development Act of 2016 (130 Stat. 1711). 320. Arkansas River corridor, Oklahoma Section 3132 of the Water Resources Development Act of 2007 (121 Stat. 1141) is amended by striking subsection (b) and inserting the following: (b) Authorized cost The Secretary is authorized to carry out construction of a project under this section at a total cost of $128,400,000, with the cost shared in accordance with section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ). (c) Additional feasibility studies authorized (1) In general The Secretary is authorized to carry out feasibility studies for purposes of recommending to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives additional projects under this section. (2) Treatment An additional feasibility study carried out under this subsection shall be considered a continuation of the feasibility study that formulated the project carried out under subsection (b). . 321. Abandoned and inactive noncoal mine restoration Section 560 of the Water Resources Development Act of 1999 ( 33 U.S.C. 2336 ) is amended— (1) in subsection (c), by inserting or on land taken into trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe after land owned by the United States ; and (2) in subsection (f), by striking $30,000,000 and inserting $50,000,000 . 322. Asian carp prevention and control pilot program Section 509(a)(2) of the Water Resources Development Act of 2020 ( 33 U.S.C. 610 note; Public Law 116–260 ) is amended— (1) in subparagraph (A), by striking or Tennessee River Watershed and inserting , Tennessee River Watershed, or Tombigbee River Watershed ; and (2) in subparagraph (C)(i), by inserting , of which not less than 1 shall be carried out on the Tennessee–Tombigbee Waterway before the period at the end. 323. Forms of assistance Section 592(b) of the Water Resources Development Act of 1999 (113 Stat. 379) is amended by striking and surface water resource protection and development and inserting surface water resource protection and development, stormwater management, drainage systems, and water quality enhancement . 324. Debris removal, New York Harbor, New York (a) In general Beginning on the date of enactment of this Act, the project for New York Harbor collection and removal of drift, authorized by section 91 of the Water Resources Development Act of 1974 (88 Stat. 39), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 579b ) (as in effect on the day before the date of enactment of the WIIN Act (130 Stat. 1628)), is authorized to be carried out by the Secretary. (b) Feasibility study The Secretary shall carry out, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of, a feasibility study for the project described in subsection (a). 325. Invasive species management Section 104 of the River and Harbor Act of 1958 ( 33 U.S.C. 610 ) is amended— (1) in subsection (b)(2)(A)(ii)— (A) by striking $50,000,000 and inserting $75,000,000 ; and (B) by striking 2024 and inserting 2028 ; and (2) in subsection (g)(2)— (A) in subparagraph (A)— (i) by striking water quantity or water quality and inserting water quantity, water quality, or ecosystems ; and (ii) by inserting the Lake Erie Basin, the Ohio River Basin, after the Upper Snake River Basin, ; and (B) in subparagraph (B), by inserting , hydrilla ( Hydrilla verticillata ), after angustifolia ) . 326. Wolf River Harbor, Tennessee Beginning on the date of enactment of this Act, the project for navigation, Wolf River Harbor, Tennessee, authorized by title II of the Act of June 16, 1933 (48 Stat. 200, chapter 90) (commonly known as the National Industrial Recovery Act ), and modified by section 203 of the Flood Control Act of 1958 (72 Stat. 308), is modified to reduce the authorized dimensions of the project, such that the remaining authorized dimensions are a 250-foot-wide, 9-foot-depth channel with a center line beginning at a point 35.139634, -90.062343 and extending approximately 8,500 feet to a point 35.160848, -90.050566. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and Nebraska The matter under the heading Missouri River Mitigation, Missouri, Kansas, Iowa, and Nebraska in section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143; 121 Stat. 1155), as modified by section 334 of the Water Resources Development Act of 1999 (113 Stat. 306), is amended by adding at the end the following: When acquiring land to meet the requirements of fish and wildlife mitigation, the Secretary may consider incidental flood risk management benefits. . 328. Invasive species management pilot program Section 104(f)(4) of the River and Harbor Act of 1958 ( 33 U.S.C. 610(f)(4) ) is amended by striking 2024 and inserting 2026 . 329. Nueces County, Texas, conveyances (a) In general On receipt of a written request of the Port of Corpus Christi, the Secretary shall— (1) review the land owned and easements held by the United States for purposes of navigation in Nueces County, Texas; and (2) convey to the Port of Corpus Christi or, in the case of an easement, release to the owner of the fee title to the land subject to such easement, without consideration, all such land and easements described in paragraph (1) that the Secretary determines are no longer required for project purposes. (b) Conditions (1) Quitclaim deed Any conveyance of land under this section shall be by quitclaim deed. (2) Terms and conditions The Secretary may subject any conveyance or release of easement under this section to such terms and conditions as the Secretary determines necessary and advisable to protect the United States. (c) Administrative costs In accordance with section 2695 of title 10, United States Code, the Port of Corpus Christi shall be responsible for the costs incurred by the Secretary to convey land or release easements under this section. (d) Waiver of real property screening requirements Section 2696 of title 10, United States Code, shall not apply to the conveyance of land or release of easements under this section. 330. Mississippi Delta Headwaters, Mississippi As part of the authority of the Secretary to carry out the project for flood damage reduction, bank stabilization, and sediment and erosion control, Yazoo Basin, Mississippi Delta Headwaters, Mississippi, authorized by the matter under the heading Enhancement of water resource benefits and for emergency disaster work in title I of Public Law 98–8 (97 Stat. 22), the Secretary may carry out emergency maintenance activities, as the Secretary determines to be necessary, for features of the project completed before the date of enactment of this Act. 331. Ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey (a) In general The Secretary may carry out additional feasibility studies for ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey, including an examination of measures and alternatives at Baisley Pond Park and the Richmond Terrace Wetlands. (b) Treatment A feasibility study carried out under subsection (a) shall be considered a continuation of the study that formulated the project for ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740). 332. Timely reimbursement (a) Definition of covered project In this section, the term covered project means a project for navigation authorized by section 1401(1) of the WIIN Act (130 Stat. 1708). (b) Reimbursement required In the case of a covered project for which the non-Federal interest has advanced funds for construction of the project, the Secretary shall reimburse the non-Federal interest for advanced funds that exceed the non-Federal share of the cost of construction of the project as soon as practicable after the completion of each individual contract for the project. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina Section 1319(c) of the WIIN Act (130 Stat. 1704) is amended by striking paragraph (2) and inserting the following: (2) Cost-share (A) In general The costs of construction of a Project feature constructed pursuant to paragraph (1) shall be determined in accordance with section 101(a)(1)(B) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(a)(1)(B) ). (B) Savings provision Any increase in costs for the Project due to the construction of a Project feature described in subparagraph (A) shall not be included in the total project cost for purposes of section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ). . 334. Lake Tahoe Basin restoration, Nevada and California (a) Definition In this section, the term Lake Tahoe Basin means the entire watershed drainage of Lake Tahoe including that portion of the Truckee River 1,000 feet downstream from the United States Bureau of Reclamation dam in Tahoe City, California. (b) Establishment of program The Secretary may establish a program for providing environmental assistance to non-Federal interests in Lake Tahoe Basin. (c) Form of assistance Assistance under this section may be in the form of planning, design, and construction assistance for water-related environmental infrastructure and resource protection and development projects in Lake Tahoe Basin— (1) urban stormwater conveyance, treatment and related facilities; (2) watershed planning, science and research; (3) environmental restoration; and (4) surface water resource protection and development. (d) Public ownership requirement The Secretary may provide assistance for a project under this section only if the project is publicly owned. (e) Local cooperation agreement (1) In general Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. (2) Requirements Each local cooperation agreement entered into under this subsection shall provide for the following: (A) Plan Development by the Secretary, in consultation with appropriate Federal and State and Regional officials, of appropriate environmental documentation, engineering plans and specifications. (B) Legal and institutional structures Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest. (3) Cost sharing (A) In general The Federal share of project costs under each local cooperation agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs. (B) Credit for design work The non-Federal interest shall receive credit for the reasonable costs of planning and design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project. (C) Land, easements, rights-of-way, and relocations The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations provided by the non-Federal interest toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs. (D) Operation and maintenance The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. (f) Applicability of other Federal and State laws Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2005, $50,000,000, to remain available until expended. (h) Repeal Section 108 of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2942), is repealed. (i) Treatment The program authorized by this section shall be considered a continuation of the program authorized by section 108 of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2942) (as in effect on the day before the date of enactment of this Act). 335. Additional assistance for Eastern Santa Clara Basin, California Section 111 of title I of division B of the Miscellaneous Appropriations Act, 2001 (as enacted by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat. 2763; 114 Stat. 2763A–224; 121 Stat. 1209)), is amended— (1) in subsection (a), by inserting and volatile organic compounds after perchlorates ; and (2) in subsection (b)(3), by inserting and volatile organic compounds after perchlorates . 336. Tribal partnership program Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— (1) in subsection (a), by striking ( 25 U.S.C. 450b ) and inserting ( 25 U.S.C. 5304 ) ; (2) in subsection (b)— (A) in paragraph (2)(A)— (i) by inserting or coastal storm after flood ; and (ii) by inserting including erosion control, after reduction, ; (B) in paragraph (3), by adding at the end the following: (C) Federal interest determination The first $100,000 of the costs of a study under this section shall be at full Federal expense. ; (C) in paragraph (4)— (i) in subparagraph (A), by striking $18,500,000 and inserting $26,000,000 ; and (ii) in subparagraph (B), by striking $18,500,000 and inserting $26,000,000 ; and (D) by adding at the end the following: (5) Project justification Notwithstanding any other provision of law or requirement for economic justification established under section 209 of the Flood Control Act of 1970 ( 42 U.S.C. 1962–2 ) for a project (other than a project for ecosystem restoration), the Secretary may implement a project under this section if the Secretary determines that the project will— (A) significantly reduce potential flood or coastal storm damages, which may include or be limited to damages due to shoreline erosion or riverbank or streambank failures; (B) improve the quality of the environment; (C) reduce risks to life safety associated with the damages described in subparagraph (A); and (D) improve the long-term viability of the community. ; (3) in subsection (d)(5)(B)— (A) by striking non-Federal and inserting Federal ; and (B) by striking 50 percent and inserting 100 percent ; and (4) in subsection (e), by striking 2024 and inserting 2033 . 337. Surplus water contracts and water storage agreements Section 1046(c) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). 338. Copan Lake, Oklahoma (a) In general The Secretary shall amend Contract DACW56-81-C-0114 between the United States and the Copan Public Works Authority (referred to in this section as the Authority ), entered into on June 22, 1981, for the utilization by the Authority of storage space for water supply in Copan Lake, Oklahoma (referred to in this section as the project )— (1) to release to the United States all rights of the Authority to utilize 4,750 acre-feet of future use water storage space; and (2) to relieve the Authority from all financial obligations, to include the initial project investment costs and the accumulated interest on unpaid project investment costs, for the volume of water storage space described in paragraph (1). (b) Requirement During the 2-year period beginning on the effective date of execution of the contract amendment under subsection (a), the Secretary shall— (1) provide the City of Bartlesville, Oklahoma, with the right of first refusal to contract for the utilization of storage space for water supply for any portion of the storage space that was released by the Authority under subsection (a); and (2) ensure that the City of Bartlesville, Oklahoma, shall not pay more than 110 percent of the initial project investment cost per acre-foot of storage for the acre-feet of storage space sought under an agreement under paragraph (1). 339. Enhanced development program The Secretary shall fully implement opportunities for enhanced development at Oklahoma Lakes under the authorities provided in section 3134 of the Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section 164 of the Water Resources Development Act of 2020 (134 Stat. 2668). 340. Ecosystem restoration coordination (a) In general In carrying out the project for ecosystem restoration, South Fork of the South Branch of the Chicago River, Bubbly Creek, Illinois, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740), the Secretary shall coordinate to the maximum extent practicable with the Administrator of the Environmental Protection Agency, State environmental agencies, and regional coordinating bodies responsible for the remediation of toxics. (b) Savings provision Nothing in this section extends liability to the Secretary for any remediation of toxics present at the project site referred to in subsection (a) prior to the date of authorization of that project. 341. Acequias irrigation systems Section 1113 of the Water Resources Development Act of 1986 (100 Stat. 4232) is amended— (1) in subsection (b)— (A) by striking (b) Subject to section 903(a) of this Act, the Secretary is authorized and directed to undertake and inserting the following: (b) Authorization Subject to section 903(a), the Secretary shall carry out ; and (B) by striking canals and all that follows through 25 percent. and inserting the following: “channels attendant to the operations of the community ditch and Acequia systems in New Mexico that— (1) are declared to be a political subdivision of the State; or (2) belong to a federally recognized Indian Tribe. ; (2) by redesignating subsection (c) as subsection (e); (3) by inserting after subsection (b) the following: (c) Inclusions The measures described in subsection (b) shall, to the maximum extent practicable— (1) ensure greater resiliency of diversion structures, including to flow variations, prolonged drought conditions, invasive plant species, and threats from changing hydrological and climatic conditions; or (2) support research, development, and training for innovative management solutions, including those for controlling invasive aquatic plants that affect Acequias. (d) Costs (1) Total cost The measures described in subsection (b) shall be carried out at a total cost of $80,000,000. (2) Cost sharing (A) In general Except as provided in subparagraph (B), the non-Federal share of the cost of carrying out the measures described in subsection (b) shall be 25 percent. (B) Special rule In the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )), the Federal share of the cost of carrying out the measures described in subsection (b) shall be 90 percent. ; and (4) in subsection (e) (as so redesignated)— (A) in the first sentence— (i) by striking (e) The Secretary is further authorized and directed to and inserting the following: (e) Public entity status (1) In general The Secretary shall ; and (ii) by inserting or belong to a federally recognized Indian Tribe within the State of New Mexico after that State ; and (B) in the second sentence, by striking This public entity status will allow the officials of these Acequia systems and inserting the following: (2) Effect The public entity status provided pursuant to paragraph (1) shall allow the officials of the Acequia systems described in that paragraph . 342. Rogers County, Oklahoma (a) Conveyance The Secretary is authorized to convey to the City of Tulsa–Rogers County Port Authority (referred to in this section as the Port Authority ), for fair market value, all right, title, and interest of the United States in and to the Federal land described in subsection (b). (b) Federal land described (1) In general The Federal land to be conveyed under this section is the approximately 176 acres of Federal land located on the following 3 parcels in Rogers County, Oklahoma: (A) Parcel 1 includes U.S. tract 119 (partial), U.S. tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract 118 (partial). (B) Parcel 2 includes U.S. tract 124 (partial) and U.S. tract 128 (partial). (C) Parcel 3 includes U.S. tract 128 (partial). (2) Determination required (A) In general Subject to paragraph (1) and subparagraphs (B), (C), and (D), the Secretary shall determine the exact property description and acreage of the Federal land to be conveyed under this section. (B) Requirement In making the determination under subparagraph (A), the Secretary shall reserve from conveyance such easements, rights-of-way, and other interests as the Secretary determines to be necessary and appropriate to ensure the continued operation of the McClellan-Kerr Arkansas River navigation project, including New Graham Lock and Dam 18 as a part of that project, as authorized under the comprehensive plan for the Arkansas River Basin by section 3 of the Act of June 28, 1938 (52 Stat. 1218, chapter 795), and section 10 of the Flood Control Act of 1946 (60 Stat. 647, chapter 596) and where applicable the provisions of the River and Harbor Act of 1946 (60 Stat. 634, chapter 595) and modified by section 108 of the Energy and Water Development Appropriation Act, 1988 ( Public Law 100–202 ; 101 Stat. 1329–112), and section 136 of the Energy and Water Development Appropriations Act, 2004 ( Public Law 108–137 ; 117 Stat. 1842). (C) Obstructions to navigable capacity A conveyance under this section shall not affect the jurisdiction of the Secretary under section 10 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1151, chapter 425; 33 U.S.C. 403 ) with respect to the Federal land conveyed. (D) Survey required The exact acreage and the legal description of any Federal land conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. (c) Applicability Section 2696 of title 10, United States Code, shall not apply to the conveyance under this section. (d) Costs The Port Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. (e) Hold harmless (1) In general The Port Authority shall hold the United States harmless from any liability with respect to activities carried out on or after the date of the conveyance under this section on the Federal land conveyed. (2) Limitation The United States shall remain responsible for any liability incurred with respect to activities carried out before the date of the conveyance under this section on the Federal land conveyed. (f) Additional terms and conditions The Secretary may require that the conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. 343. Water supply storage repair, rehabilitation, and replacement costs Section 301(b) of the Water Supply Act of 1958 ( 43 U.S.C. 390b(b) ) is amended, in the fourth proviso, by striking the second sentence and inserting the following: For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before the date of enactment of this sentence for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence. . 344. Non-Federal payment flexibility Section 103(l) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(l) ) is amended— (1) by striking the subsection designation and heading and all that follows through At the request of in the first sentence and inserting the following: (l) Delay of payment (1) Initial payment At the request of ; and (2) by adding at the end the following: (2) Interest (A) In general At the request of any non-Federal interest, the Secretary may waive the accrual of interest on any non-Federal cash contribution under this section or section 101 for a project for a period of not more than 1 year if the Secretary determines that— (i) the waiver will contribute to the ability of the non-Federal interest to make future contributions; and (ii) the non-Federal interest is in good standing under terms agreed to under subsection (k)(1). (B) Limitations The Secretary may grant not more than 1 waiver under subparagraph (A) for the same project. . 345. North Padre Island, Corpus Christi Bay, Texas The project for ecosystem restoration, North Padre Island, Corpus Christi Bay, Texas, constructed by the Secretary prior to the date of enactment of this Act under section 556 of the Water Resources Development Act of 1999 (113 Stat. 353), shall not be eligible for repair and restoration assistance under section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ). 346. Waiver of non-Federal share of damages related to certain contract claims In a case in which the Armed Services Board of Contract Appeals or a court of competent jurisdiction rendered a decision on a date that was at least 20 years before the date of enactment of this Act awarding damages to a contractor relating to the adjudication of claims arising from the construction of general navigation features of a project carried out under section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ), notwithstanding the terms of the Project Partnership Agreement, the Secretary shall waive payment of the share of the non-Federal interest of such damages, including attorney's fees, if the Secretary— (1) terminated construction of the project prior to completion of all features; and (2) has not collected payment from the non-Federal interest before the date of enactment of this Act. 347. Algiers Canal Levees, Louisiana In accordance with section 328 of the Water Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the Secretary shall resume operation, maintenance, repair, rehabilitation, and replacement of the Algiers Canal Levees, Louisiana, at full Federal expense. 348. Israel River ice control project, Lancaster, New Hampshire Beginning on the date of enactment of this Act, the project for flood control, Israel River, Lancaster, New Hampshire, authorized by section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ) is no longer authorized. 349. City of El Dorado, Kansas The Secretary shall amend Contract DACW56–72–C–0220, between the United States and the City of El Dorado, Kansas, entered into on June 30, 1972, for the utilization by the City of storage space for water supply in El Dorado Lake, Kansas, to change the method of calculation of the interest charges that began accruing on June 30, 1991, on the investment costs for the 72,087 acre-feet of future use storage space, from compounding interest annually to charging simple interest annually on the principal amount, until— (1) the City desires to convert the future use storage space to present use; and (2) the principal amount plus the accumulated interest becomes payable pursuant to the terms of the Contract. 350. Upper Mississippi River protection Section 2010 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end the following: (f) Limitation The Secretary shall not recommend deauthorization of the Upper St. Anthony Falls Lock and Dam unless the Secretary identifies a willing and capable non-Federal public entity to assume ownership of the lock and dam. (g) Modification The Secretary is authorized to investigate the feasibility of modifying the Upper St. Anthony Falls Lock and Dam to add ecosystem restoration, including the prevention and control of invasive species, as an authorized purpose. . 351. Regional Corps of Engineers Office, Corpus Christi, Texas (a) In general At such time as new facilities are available to the Corps of Engineers, and subject to this section, the Secretary shall convey to the Port of Corpus Christi Authority, by deed and without warranty, all right, title, and interest of the United States in and to the property described in subsection (c). (b) Consideration Consideration for the conveyance under subsection (a) shall be determined by an appraisal, satisfactory to the Secretary, of the market value of the property conveyed. (c) Description of property The property referred to in subsection (a) is the land known as Tract 100 and Tract 101 , including improvements on that land, in Corpus Christi, Texas, and described as follows: (1) Tract 100 The 1.89 acres, more or less, as conveyed by the Nueces County Navigation District No. 1 of Nueces County, Texas, to the United States by instrument dated October 16, 1928, and recorded at Volume 193, pages 1 and 2, in the Deed Records of Nueces County, Texas. (2) Tract 101 The 0.53 acres as conveyed by the City of Corpus Christi, Nueces County, Texas, to the United States by instrument dated September 24, 1971, and recorded at Volume 318, pages 523 and 524, in the Deed Records of Nueces County, Texas. (3) Improvements (A) Main Building (RPUID AO–C–3516), constructed January 9, 1974. (B) Garage, vehicle with 5 bays (RPUID AO–C–3517), constructed January 9, 1985. (C) Bulkhead, Upper (RPUID AO–C–2658), constructed January 1, 1941. (D) Bulkhead, Lower (RPUID AO–C–3520), constructed January 1, 1933. (E) Bulkhead Fence (RPUID AO–C–3521), constructed January 9, 1985. (F) Bulkhead Fence (RPUID AO–C–3522), constructed January 9, 1985. (d) Terms and conditions (1) In general Before conveying the land described in subsection (c) to the Port of Corpus Christi Authority, the Secretary shall ensure that the conditions of buildings and facilities meet applicable requirements under Federal law, as determined by the Secretary. (2) Improvements Improvements to conditions of buildings and facilities on the land described in subsection (c), if any, shall be incorporated into the consideration required under subsection (b). (3) Costs of conveyance In addition to the fair market value for property rights conveyed, the Port of Corpus Christi Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance under subsection (a). 352. Pilot program for good neighbor authority on Corps of Engineers land (a) Definitions In this section: (1) Authorized restoration services The term authorized restoration services means similar and complementary forest, rangeland, and watershed restoration services carried out— (A) on Federal land; and (B) by the Secretary or Governor pursuant to a good neighbor agreement. (2) Federal land (A) In general The term Federal land means land within the State that is administered by the Corps of Engineers. (B) Exclusions The term Federal land does not include— (i) a component of the National Wilderness Preservation System; (ii) Federal land on which the removal of vegetation is prohibited or restricted by an Act of Congress or a Presidential proclamation (including the applicable implementation plan); or (iii) a wilderness study area. (3) Forest, rangeland, and watershed services (A) In general The term forest, rangeland, and watershed restoration services means— (i) activities to treat insect-infected and disease-infected trees; (ii) activities to reduce hazardous fuels; and (iii) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (B) Exclusions The term forest, rangeland, and watershed restoration services does not include— (i) construction, reconstruction, repair, or restoration of paved or permanent roads or parking areas, other than the reconstruction, repair, or restoration of a road that is necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and (ii) construction, alteration, repair or replacement of public buildings or public works. (4) Good neighbor agreement The term good neighbor agreement means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and Governor under subsection (b)(1)(A) to carry out authorized restoration services under this section. (5) Governor The term Governor means the Governor or any other appropriate executive official of the State. (6) Road The term road has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on February 7, 2014). (7) State The term State means the State of Idaho. (b) Good neighbor agreements (1) Good neighbor agreements (A) In general The Secretary may carry out a pilot program to enter into good neighbor agreements with the Governor to carry out authorized restoration services in the State in accordance with this section. (B) Public availability The Secretary shall make each good neighbor agreement available to the public. (C) Administrative costs The Governor shall provide, and the Secretary may accept and expend, funds to cover the costs of the Secretary to enter into and administer a good neighbor agreement. (D) Termination The pilot program under subparagraph (A) shall terminate on October 1, 2028. (2) Timber sales (A) Approval of silviculture prescriptions and marking guides The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on Federal land in all timber sale projects conducted under this section. (B) Treatment of revenue Except as provided in subparagraph (C), funds received from the sale of timber by the Governor under a good neighbor agreement shall be retained and used by the Governor to carry out authorized restoration services under the good neighbor agreement. (C) Excess revenue (i) In general Any funds remaining after carrying out subparagraph (B) that are in excess of the amount provided by the Governor to the Secretary under paragraph (1)(C) shall be returned to the Secretary. (ii) Applicability of certain provisions Funds returned to the Secretary under clause (i) shall be subject to the first part of section 5 of the Act of June 13, 1902 (commonly known as the Rivers and Harbors Appropriations Act of 1902 ) (32 Stat. 373, chapter 1079; 33 U.S.C. 558 ). (3) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any authorized restoration services to be provided under this section on Federal land shall not be delegated to the Governor. 353. Southeast Des Moines, Southwest Pleasant Hill, Iowa (a) Project modifications The project for flood risk management and other purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in this section as the Red Rock Dam Project ), authorized by section 10 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 896, chapter 665), and the project for flood risk management, Des Moines Local Flood Protection, Des Moines River, Iowa (referred to in this section as Flood Protection Project ), authorized by section 10 of that Act (58 Stat. 896, chapter 665), shall be modified as follows, subject to a new or amended agreement between the Secretary and the non-Federal interest for the Flood Protection Project, the City of Des Moines, Iowa (referred to in this section as the City ), in accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ): (1) That portion of the Red Rock Dam Project consisting of the segment of levee from Station 15+88.8W to Station 77+43.7W shall be transferred to the Flood Protection Project. (2) The relocated levee improvement constructed by the City, from Station 77+43.7W to approximately Station 20+00, shall be included in the Flood Protection Project. (b) Federal easement conveyances (1) The Secretary is authorized to convey the following easements, acquired by the Federal Government for the Red Rock Dam Project, to the City to become part of the Flood Protection Project in accordance with subsection (a): (A) Easements identified as Tracts 3215E-1 and 3235E. (B) Easements identified as Partial Tracts 3216E-2, 3216E-3, 3217E-1, 3217E-2, and 3227E. (2) On counter-execution of the new or amended agreement pursuant to the Federal easement conveyances under paragraph (1), the Secretary is authorized to convey the following easements, by quitclaim deed, without consideration, acquired by the Federal Government for the Red Rock Dam project, to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority and no longer required for the Red Rock Dam Project or for the Des Moines Local Flood Protection Project: (A) Easements identified as Tracts 3200E, 3202E-1, 3202E-2, 3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-5. (B) Easements identified as Partial Tracts 3216E-2, 3216E-3, 3217E-1, and 3217E-2. (3) All real property interests conveyed under this subsection shall be subject to the standard release of easement disposal process. All administrative fees associated with the transfer of the subject easements to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority will be borne by the transferee. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico In the case of the project for flood risk management, Middle Rio Grande, Bernalillo to Belen, New Mexico, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735), the non-Federal share of the cost of the project shall be the percentage described in section 103(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(a)(2) ) (as in effect on the day before the date of enactment of the Water Resources Development Act of 1996 (110 Stat. 3658)). 355. Comprehensive Everglades Restoration Plan, Florida (a) In general Section 601(e)(5) of the Water Resources Development Act of 2000 (114 Stat. 2685; 132 Stat. 3786) is amended by striking subparagraph (E) and inserting the following: (E) Periodic monitoring (i) In general To ensure that the contributions of the non-Federal sponsor equal 50 percent proportionate share for projects in the Plan, during each period of 5 fiscal years, beginning on October 1, 2022, the Secretary shall, for each project— (I) monitor the non-Federal provision of cash, in-kind services, and land; and (II) manage, to the maximum extent practicable, the requirement of the non-Federal sponsor to provide cash, in-kind services, and land. (ii) Other monitoring The Secretary shall conduct monitoring under clause (i) separately for the preconstruction engineering and design phase and the construction phase for each project in the Plan. (iii) Clarification Not later than 90 days after the end of each fiscal year, the Secretary shall provide to the non-Federal sponsor a financial accounting of non-Federal contributions under clause (i)(I) for such fiscal year. (iv) Limitation As applicable, the Secretary shall only require a cash contribution from the non-Federal sponsor to satisfy the cost share requirements of this subsection on the last day of each period of 5 fiscal years under clause (i). . (b) Update The Secretary and the South Florida Water Management District shall revise the Master Agreement for the Comprehensive Everglades Restoration Plan, executed in 2009 pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), to reflect the amendment made by subsection (a). 356. Maintenance dredging permits (a) In general The Secretary shall, to the maximum extent practicable and appropriate, prioritize the reissuance of any regional general permit for maintenance dredging that expired prior to May 1, 2021. (b) Savings provision Nothing in this section affects, preempts, or interferes with any obligation to comply with the provisions of any Federal or State environmental law, including— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (3) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 357. Puget Sound nearshore ecosystem restoration, Washington In carrying out the project for ecosystem restoration, Puget Sound, Washington, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 Stat. 1713), the Secretary shall consider the removal and replacement of the Highway 101 causeway and bridges at the Duckabush River Estuary site to be a project feature the costs of which are shared as construction. 358. Tribal assistance (a) Clarification of existing authority (1) In general Subject to paragraph (2), the Secretary, in consultation with the heads of relevant Federal agencies, the Confederated Tribes of the Warm Springs Indian Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, Nez Perce Tribe, and the Confederated Tribes of the Umatilla Indian Reservation, shall revise and carry out the village development plan for Dalles Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179, chapter 188) to address adverse impacts to Indian villages, housing sites, and related structures as a result of the construction of Bonneville Dam, McNary Dam, and John Day Dam, Washington and Oregon. (2) Examination Before carrying out the requirements of paragraph (1), the Secretary shall conduct an examination and assessment of the extent to which Indian villages, housing sites, and related structures were displaced or destroyed by the construction of the following projects: (A) Bonneville Dam, Oregon, as authorized by the first section of the Act of August 30, 1935 (49 Stat. 1038, chapter 831) and the first section and section 2(a) of the Act of August 20, 1937 (50 Stat. 731, chapter 720; 16 U.S.C. 832 , 832a(a)). (B) McNary Dam, Washington and Oregon, as authorized by section 2 of the Act of March 2, 1945 (commonly known as the River and Harbor Act of 1945 ) (59 Stat. 22, chapter 19). (C) John Day Dam, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179, chapter 188). (3) Requirements The village development plan under paragraph (1) shall include, at a minimum— (A) an evaluation of sites on both sides of the Columbia River; (B) an assessment of suitable Federal land and land owned by the States of Washington and Oregon; and (C) an estimated cost and tentative schedule for the construction of each housing development. (4) Location of assistance The Secretary may provide housing and related assistance under this subsection at 1 or more sites in the States of Washington and Oregon. (b) Provision of assistance on Federal land The Secretary may construct housing or provide related assistance on land owned by the United States under the village development plan under subsection (a)(1). (c) Acquisition and disposal of land (1) In general Subject to subsection (d), the Secretary may acquire land or interests in land for the purpose of providing housing and related assistance under the village development plan under subsection (a)(1). (2) Advance acquisition Acquisition of land or interests in land under paragraph (1) may be carried out in advance of completion of all required documentation and clearances for the construction of housing or related improvements on the land or on the interests in land. (3) Disposal of unsuitable land If the Secretary determines that any land or interest in land acquired by the Secretary under this section in advance of completion of all required documentation for the construction of housing or related improvements is unsuitable for that housing or for those related improvements, the Secretary may— (A) dispose of the land or interest in land by sale; and (B) credit the proceeds to the appropriation, fund, or account used to purchase the land or interest in land. (d) Limitation The Secretary shall only acquire land from willing landowners in carrying out this section. (e) Conforming amendment Section 1178(c) of the Water Resources Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed. 359. Recreational opportunities at certain projects (a) Definitions In this section: (1) Covered project The term covered project means any of the following projects of the Corps of Engineers: (A) Ball Mountain Lake, Vermont. (B) Townshend Lake, Vermont. (2) Recreation The term recreation includes downstream whitewater recreation that is dependent on operations, recreational fishing, and boating at a covered project. (b) Sense of Congress It is the sense of Congress that the Secretary should— (1) ensure that, to the extent compatible with other project purposes, each covered project is operated in such a manner as to protect and enhance recreation associated with the covered project; and (2) manage land at each covered project to improve opportunities for recreation at the covered project. (c) Modification of water control plans The Secretary may modify, or undertake temporary deviations from, the water control plan for a covered project in order to enhance recreation, if the Secretary determines the modifications or deviations— (1) will not adversely affect other authorized purposes of the covered project; and (2) will not result in significant adverse impacts to the environment. 360. Rehabilitation of Corps of Engineers constructed dams Section 1177 of the Water Resources Development Act of 2016 ( 33 U.S.C. 467f–2 note; Public Law 114–322 ) is amended by adding at the end the following: (g) Special rule Notwithstanding subsection (c), the non-Federal share of the cost to rehabilitate Waterbury Dam, Washington County, Vermont, under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of Waterbury Dam. . 361. South Florida Ecosystem Restoration Task Force Section 528(f)(1)(J) of the Water Resources Development Act of 1996 (110 Stat. 3771) is amended— (1) by striking 2 representatives and inserting 3 representatives ; and (2) by inserting at least 1 of which shall be a representative of the Florida Department of Environmental Protection and at least 1 of which shall be a representative of the Florida Fish and Wildlife Conservation Commission, after Florida, . 362. New Madrid County Harbor, Missouri Section 509(a) of the Water Resources Development Act of 1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the end the following: (18) Second harbor at New Madrid County Harbor, Missouri. . 363. Trinity River and tributaries, Texas Section 1201(7) of the Water Resources Development Act of 2018 (132 Stat. 3802) is amended by inserting flood risk management, and ecosystem restoration, after navigation, . 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois (a) In general Not later than 90 days after the date on which the Secretary receives a request from the Governor of Illinois to terminate a contract described in subsection (c), the Secretary shall amend the contract to release to the United States all rights of the State of Illinois to utilize water storage space in the reservoir project to which the contract applies. (b) Relief of certain obligations On execution of an amendment described in subsection (a), the State of Illinois shall be relieved of the obligation to pay the percentage of the annual operation and maintenance expense, the percentage of major replacement cost, and the percentage of major rehabilitation cost allocated to the water supply storage specified in the contract for the reservoir project to which the contract applies. (c) Contracts Subsection (a) applies to the following contracts between the United States and the State of Illinois: (1) Contract DACW43–88–C–0088, entered into on September 23, 1988, for utilization of storage space for water supply in Rend Lake, Illinois. (2) Contract DA–23–065–CIVENG–65–493, entered into on April 28, 1965, for utilization of storage space for water supply in Rend Lake, Illinois. (3) Contract DACW43–83–C–0008, entered into on July 6, 1983, for utilization of storage space in Carlyle Lake, Illinois. (4) Contract DACW43–83–C–0009, entered into on July 6, 1983, for utilization of storage space in Lake Shelbyville, Illinois. 365. Federal assistance Section 1328(c) of the America’s Water Infrastructure Act of 2018 (132 Stat. 3826) is amended by striking 4 years and inserting 8 years . 366. Land transfer and trust land for Choctaw Nation of Oklahoma (a) Transfer (1) In general Subject to paragraph (2) and for the consideration described in subsection (c), the Secretary shall transfer to the Secretary of the Interior the land described in subsection (b) to be held in trust for the benefit of the Choctaw Nation. (2) Conditions The land transfer under this subsection shall be subject to the following conditions: (A) The transfer— (i) shall not interfere with the operation by the Corps of Engineers of the Sardis Lake Project or any other authorized civil works project; and (ii) shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to ensure the continued operation of the Sardis Lake Project or any other authorized civil works project. (B) The Secretary shall retain the right to inundate with water the land transferred to the Choctaw Nation under this subsection as necessary to carry out an authorized purpose of the Sardis Lake Project or any other civil works project. (C) No gaming activities may be conducted on the land transferred under this subsection. (b) Land description (1) In general The land to be transferred pursuant to subsection (a) is the approximately 247 acres of land located in Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of T2N R19E, Pushmataha County, Oklahoma, generally depicted as USACE on the map entitled Sardis Lake – Choctaw Nation Proposal and dated February 22, 2022. (2) Survey The exact acreage and legal descriptions of the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior. (c) Consideration The Choctaw Nation shall pay— (1) to the Secretary an amount that is equal to the fair market value of the land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary; and (2) all costs and administrative expenses associated with the transfer of land under subsection (a), including the costs of— (A) the survey under subsection (b)(2); (B) compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (C) any coordination necessary with respect to requirements related to endangered species, cultural resources, clean water, and clean air. IV Water resources infrastructure 401. Project authorizations The following projects for water resources development and conservation and other purposes, as identified in the reports titled Report to Congress on Future Water Resources Development submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports or decision documents designated in this section: (1) Navigation A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. AK Elim Subsistence Harbor March 12, 2021 Federal: $74,905,000 Non-Federal: $1,896,000 Total: $76,801,000 2. CA Port of Long Beach Deep Draft Navigation, Los Angeles October 14, 2021 Federal: $71,985,500 Non-Federal: $73,447,500 Total: $145,433,000 (2) Flood risk management A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. AL Selma October 7, 2021 Federal: $15,533,100 Non-Federal: $8,363,900 Total: $23,897,000 2. CA Lower Cache Creek, Yolo County, Woodland, and Vicinity June 21, 2021 Federal: $215,152,000 Non-Federal: $115,851,000 Total: $331,003,000 3. OR Portland Metro Levee System August 20, 2021 Federal: $77,111,100 Non-Federal: $41,521,300 Total: $118,632,400 4. NE Papillion Creek and Tributaries Lakes January 24, 2022 Federal: $91,491,400 Non-Federal: $52,156,300 Total: $143,647,700 5. AL Valley Creek, Bessemer and Birmingham October 29, 2021 Federal: $17,725,000 Non-Federal: $9,586,000 Total: $27,311,000 (3) Hurricane and storm damage risk reduction A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. CT Fairfield and New Haven Counties January 19, 2021 Federal: $92,937,000 Non-Federal: $50,043,000 Total: $142,980,000 2. PR San Juan Metro September 16, 2021 Federal: $245,418,000 Non-Federal: $131,333,000 Total: $376,751,000 3. FL Florida Keys, Monroe County September 24, 2021 Federal: $1,513,531,000 Non-Federal: $814,978,000 Total: $2,328,509,000 4. FL Okaloosa County October 7, 2021 Initial Federal: $19,822,000 Initial Non-Federal: $11,535,000 Initial Total: $31,357,000 Renourishment Federal: $71,045,000 Renourishment Non-Federal: $73,787,000 Renourishment Total: $144,832,000 5. SC Folly Beach October 26, 2021 Initial Federal: $45,490,000 Initial Non-Federal: $5,054,000 Initial Total: $50,544,000 Renourishment Federal: $164,424,000 Renourishment Non-Federal: $26,767,000 Renourishment Total: $191,191,000 6. FL Pinellas County October 29, 2021 Initial Federal: $8,627,000 Initial Non-Federal: $5,332,000 Initial Total: $13,959,000 Renourishment Federal: $92,000,000 Renourishment Non-Federal: $101,690,000 Renourishment Total: $193,690,000 7. NY South Shore of Staten Island, Fort Wadsworth to Oakwood Beach October 27, 2016 Federal: $371,310,000 Non-Federal: $199,940,000 Total: $571,250,000 8. LA Upper Barataria Basin January 28, 2022 Federal: $1,005,001,000 Non-Federal: $541,155,000 Total: $1,546,156,000 (4) Hurricane and storm damage reduction and ecosystem restoration A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. TX Coastal Texas Protection and Restoration Feasibility Study September 16, 2021 Federal: $19,237,894,000 Non-Federal: $11,668,393,000 Total: $30,906,287,000 (5) Ecosystem restoration A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. CA Prado Basin Ecosystem Restoration, San Bernardino, Riverside and Orange Counties April 22, 2021 Federal: $33,976,000 Non-Federal: $18,294,000 Total: $52,270,000 (6) Modifications and other projects A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. LA Lake Pontchartrain and Vicinity December 16, 2021 Federal: $807,000,000 Non-Federal: $434,000,000 Total: $1,241,000,000 2. LA West Bank and Vicinity December 17, 2021 Federal: $431,000,000 Non-Federal: $232,000,000 Total: $663,000,000 3. GA Brunswick Harbor, Glynn County March 11, 2022 Federal: $10,774,500 Non-Federal: $3,594,500 Total: $14,369,000 4. DC Washington, DC and Vicinity July 22, 2021 Federal: $17,740,000 Non-Federal: $0 Total: $17,740,000 402. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska (a) In general The Secretary shall establish a program to carry out structural and nonstructural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in the State of Alaska, including— (1) relocation of affected communities; and (2) construction of replacement facilities. (b) Cost share The non-Federal interest shall share in the cost to study, design, and construct a project carried out under this section in accordance with sections 103 and 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 , 2215), except that, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )), the non-Federal share shall be 10 percent. (c) Repeal Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851), is repealed. (d) Treatment The program authorized by subsection (a) shall be considered a continuation of the program authorized by section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851) (as in effect on the day before the date of enactment of this Act). 403. Expedited completion of projects The Secretary shall expedite completion of the following projects: (1) Project for flood risk management, Cumberland, Maryland, restoration and rewatering of the Chesapeake and Ohio Canal, authorized by section 580 of the Water Resources Development Act of 1999 (113 Stat. 375). (2) Project for flood risk management, Tulsa and West–Tulsa Levee System, Tulsa County, Oklahoma, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735). (3) Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735). (4) Project for flood risk management, Rio De Flag, Flagstaff, Arizona, authorized by section 101(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2576). (5) Project for flood risk management, Rose and Palm Garden Washes, Arizona, authorized by section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). (6) Project for ecosystem restoration, El Corazon, Arizona, authorized by section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ). (7) Projects for ecosystem restoration, Chesapeake Bay Comprehensive Water Resources and Restoration Plan, Chesapeake Bay Environmental Restoration and Protection Program, authorized by section 510 of the Water Resources Development Act of 1996 (110 Stat. 3759). (8) Projects authorized under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 121 Stat. 1258). (9) Projects authorized under section 8004 of the Water Resources Development Act of 2007 ( 33 U.S.C. 652 note; Public Law 110–114 ). (10) Projects authorized under section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653). (11) Project for flood risk management, Lower Santa Cruz River, Arizona, authorized by section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). (12) Project for flood risk management, McCormick Wash, Arizona, authorized by section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). (13) Project for navigation, including maintenance and channel deepening, McClellan–Kerr Arkansas River Navigation System. (14) Project for dam safety modifications, Bluestone Dam, West Virginia. (15) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Branford Harbor and Branford River, Branford, Connecticut, authorized by the first section of the Act of June 13, 1902 (32 Stat. 333, chapter 1079). (16) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Guilford Harbor and Sluice Channel, Connecticut. (17) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Milford Harbor, Connecticut. (18) Assistance for ecosystem restoration, Lower Yellowstone Intake Diversion Dam, Montana, authorized by section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135). (19) Project for mitigation of shore damage from navigation works, Camp Ellis Beach, Saco, Maine, pursuant to section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ). (20) Project for ecosystem restoration, Lower Blackstone River, Rhode Island, pursuant to section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ). (21) Project for navigation, Kentucky Lock Addition, Kentucky. (22) Maintenance dredging of the Federal channel for the project for navigation, Columbia, Snake, and Clearwater Rivers, Oregon, Washington, and Idaho, authorized by section 2 of the Act of March 2, 1945 (59 Stat. 21, chapter 19), at the Port of Clarkston, Washington, and the Port of Lewiston, Idaho. (23) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Back Channels and Sagamore Creek, Portsmouth, New Castle, and Rye, New Hampshire, authorized by section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ). (24) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Harbor and Piscataqua River, Portsmouth, New Castle, and Newington, New Hampshire, and Kittery and Elliot, Maine, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173). 404. Special rules (a) The following conditions apply to the project described in section 403(19): (1) The project is authorized to be carried out under section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ) at a Federal cost of $45,000,000. (2) The project may include Federal participation in periodic nourishment. (3) For purposes of subsection (b) of section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ), the Secretary shall determine that the navigation works to which the shore damages are attributable were constructed at full Federal expense. (b) The following conditions apply to the project described in section 403(20): (1) The project is authorized to be carried out under section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ) at a Federal cost of $15,000,000. (2) If the Secretary includes in the project a measure on Federal land under the jurisdiction of another Federal agency, the Secretary may enter into an agreement with the Federal agency that provides for the Secretary— (A) to construct the measure; and (B) to operate and maintain the measure using funds provided to the Secretary by the non-Federal interest for the project. (3) If the Secretary includes in the project a measure for fish passage at a dam licensed for hydropower, the Secretary shall include in the project costs all costs for the measure, except that those costs that are in excess of the costs to provide fish passage at the dam if hydropower improvements were not in place shall be a 100 percent non-Federal expense. 405. Chattahoochee River program (a) Establishment (1) In general The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin. (2) Form The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (b), including projects for— (A) sediment and erosion control; (B) protection of eroding shorelines; (C) ecosystem restoration, including restoration of submerged aquatic vegetation; (D) protection of essential public works; (E) beneficial uses of dredged material; and (F) other related projects that may enhance the living resources of the Chattahoochee River Basin. (b) Comprehensive plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (a)(2). (2) Coordination The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (c) Agreement (1) In general Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (b). (2) Requirements Each agreement entered into under this subsection shall provide for— (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and (B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (d) Cost sharing (1) Federal share Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 75 percent. (2) Non-Federal share (A) Value of land, easements, rights-of-way, and relocations In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the total project costs. (B) Operation and maintenance costs The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. (e) Cooperation In carrying out this section, the Secretary shall cooperate with— (1) the heads of appropriate Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (f) Protection of resources A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. (g) Project cap The total cost of a project carried out under this section may not exceed $15,000,000. (h) Savings provision Nothing in this section— (1) establishes any express or implied reserved water right in the United States for any purpose; (2) affects any water right in existence on the date of enactment of this Act; (3) preempts or affects any State water law or interstate compact governing water; or (4) affects any Federal or State law in existence on the date of enactment of this Act regarding water quality or water quantity. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $90,000,000. 406. Lower Mississippi River Basin demonstration program (a) Definition In this section, the term Lower Mississippi River Basin means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico, and its tributaries and distributaries. (b) Establishment (1) In general The Secretary shall establish a program to provide assistance to non-Federal interests in the Lower Mississippi River Basin. (2) Form (A) In general The assistance under paragraph (1) shall be in the form of design and construction assistance for flood or coastal storm risk management or aquatic ecosystem restoration projects in the Lower Mississippi River Basin, based on the comprehensive plan under subsection (c). (B) Assistance Projects under subparagraph (A) may include measures for— (i) sediment control; (ii) protection of eroding riverbanks and streambanks and shorelines; (iii) channel modifications; (iv) beneficial uses of dredged material; or (v) other related projects that may enhance the living resources of the Lower Mississippi River Basin. (c) Comprehensive plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Lower Mississippi River Basin plan to guide the implementation of projects under subsection (b)(2). (2) Coordination The plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization To the maximum extent practicable, the plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality, reduce hypoxia in the Lower Mississippi River or Gulf of Mexico, or use a combination of structural and nonstructural measures. (d) Agreement (1) In general Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Lower Mississippi River Basin plan described in subsection (c). (2) Requirements Each agreement entered into under this subsection shall provide for the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (e) Cost sharing (1) Federal share The Federal share of the cost to design and construct a project under each agreement entered into under this section shall be 75 percent. (2) Non-Federal share (A) Value of land, easements, rights-of-way, and relocations In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the cost to design and construct the project. (B) Operation and maintenance costs The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. (f) Cooperation In carrying out this section, the Secretary shall cooperate with— (1) the heads of appropriate Federal agencies, including— (A) the Secretary of Agriculture; (B) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (C) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (g) Project cap The total cost of a project carried out under this section may not exceed $15,000,000. (h) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the program under this section, including a recommendation on whether the program should be reauthorized. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $90,000,000. 407. Forecast-informed reservoir operations (a) In general The Secretary is authorized to carry out a research study pilot program at 1 or more dams owned and operated by the Secretary in the North Atlantic Division of the Corps of Engineers to assess the viability of forecast-informed reservoir operations in the eastern United States. (b) Report Not later than 1 year after completion of the research study pilot program under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study pilot program. 408. Mississippi River mat sinking unit The Secretary shall expedite the replacement of the Mississippi River mat sinking unit. 409. Sense of Congress relating to Okatibbee Lake It is the sense of Congress that— (1) there is significant shoreline sloughing and erosion at the Okatibbee Lake portion of the project for flood protection, Chunky Creek, Chickasawhay and Pascagoula Rivers, Mississippi, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1183), which has the potential to impact infrastructure, damage property, and put lives at risk; and (2) addressing shoreline sloughing and erosion at a project of the Secretary, including at a location leased by non-Federal entities such as Okatibbee Lake, is an activity that is eligible to be carried out by the Secretary as part of the operation and maintenance of the project. | https://www.govinfo.gov/content/pkg/BILLS-117s4137is/xml/BILLS-117s4137is.xml |
117-s-4138 | II 117th CONGRESS 2d Session S. 4138 IN THE SENATE OF THE UNITED STATES May 4, 2022 Ms. Duckworth (for herself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To develop and implement strategies for research and development for bioindustrial manufacturing and the implementation of additive manufacturing for defense purposes, and for other purposes.
1. Short title This Act may be cited as the Bioindustrial and Additive Manufacturing for America Act of 2022 . 2. Research and development strategy for bioindustrial manufacturing (a) Strategy required (1) In general Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall— (A) complete development of a research, development, and implementation strategy for bioindustrial manufacturing; and (B) transmit to the Joint Defense Manufacturing Council the strategy developed under subparagraph (A). (2) Contents The strategy required by paragraph (1)(A) shall include the following: (A) A roadmap that addresses the workforce skills needed to support the technologies covered by the strategy. (B) Proposals for demonstration projects to assess relevant concepts, models, technologies, and engineering barriers. (C) Proposals for the application of bioindustrial manufacturing for warfighting capabilities. (D) Proposals for the application of bioindustrial manufacturing to achieve agile, resilient, and integrated logistics and sustainment for distributed operations. (E) Proposals for the application of bioindustrial manufacturing to establish quality assurance practices for system and technological maintenance. (b) Submittal to Congress Not later than 90 days after the date on which the Secretary has completed development of the strategy under subsection (a)(1)(A), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a copy of the strategy and such comments as the Secretary may have with respect to such strategy. 3. Implementation strategy for additive manufacturing (a) Strategy required (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (A) complete development of an implementation strategy for additive manufacturing; and (B) transmit to the Joint Defense Manufacturing Council the strategy developed under subparagraph (A). (2) Contents The strategy required by paragraph (1)(A) shall include the following: (A) A roadmap that addresses the workforce skills needed to support the technologies covered by the strategy. (B) Proposals for demonstration projects to assess relevant concepts, models, technologies, and engineering barriers. (C) Proposals for the application of additive manufacturing for warfighting capabilities. (D) Proposals for the application of additive manufacturing to achieve agile, resilient, and integrated logistics and sustainment for distributed operations. (E) Proposals for the application of additive manufacturing to establish quality assurance practices for system and technological maintenance. (F) Proposals for launching pilot programs in which the Secretary may work with industry and academic institutions to develop and implement additive manufacturing standards and practices. (G) Proposals for the Department to collaborate with Defense Agencies and the military departments through the Joint Defense Manufacturing Council and the Joint Additive Manufacturing Working Group to collectively implement the strategy developed under paragraph (1)(A). (b) Submittal to Congress Not later than 90 days after the date on which the Secretary has completed development of the strategy under subsection (a)(1)(A), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a copy of the strategy and such comments as the Secretary may have with respect to such strategy. | https://www.govinfo.gov/content/pkg/BILLS-117s4138is/xml/BILLS-117s4138is.xml |
117-s-4139 | II 117th CONGRESS 2d Session S. 4139 IN THE SENATE OF THE UNITED STATES May 4, 2022 Ms. Klobuchar (for herself, Ms. Smith , Mr. Hickenlooper , Mr. Whitehouse , Mr. Leahy , Mr. Merkley , and Mr. Booker ) 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 a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters.
1. Short title This Act may be cited as the Heating Efficiency and Affordability through Tax Relief Act or the HEATR Act . 2. Energy efficient property credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45L the following: 45M. Energy efficient heat pump credit (a) Establishment of credit (1) In general For purposes of section 38, the energy efficient heat pump credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under paragraph (2) for each type of qualified energy efficient heat pump produced by the taxpayer during the calendar year ending with or within the taxable year. (2) Credit amounts The credit amount determined for any type of qualified energy efficient heat pump is— (A) the applicable amount determined under subsection (b) with respect to such type, multiplied by (B) the eligible production for such type, as determined under subsection (c). (b) Applicable amount For purposes of subsection (a) and subject to subsections (f) and (h)(4), the applicable amount shall be determined as follows: (1) Heat pump water heaters (A) Consumer heat pump water heaters In the case of a consumer heat pump water heater which meets the requirements of the Energy Star Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be— (i) in the case of a water heater with a volume of less than 55 gallons, $600, or (ii) in the case of a water heater with a volume of not less than 55 gallons, $800. (B) Commercial heat pump water heaters In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of— (i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by (ii) 2.4 cents. (2) Heat pumps (A) Consumer unitary heat pumps (i) In general In the case of a consumer unitary heat pump, the applicable amount shall be— (I) in the case of a heat pump which satisfies the applicable requirement under clause (ii)— (aa) in the case of a heat pump which is a ducted system with a heating capacity of not less than 22,000 Btus per hour and which satisfies the Energy Star Energy-Efficient Criteria for Certified Residential Cold Climate Heat Pumps or the Energy Star Energy-Efficient Criteria for Geothermal Heat Pumps which are in effect at the time that such heat pump is produced by the taxpayer, $1,000, (bb) in the case of an electric heat pump which is not described in item (aa) and is produced during any calendar year beginning after December 31, 2023, by a taxpayer which has not produced any consumer central air conditioner units during such calendar year, $600, or (cc) in the case of a heat pump which is not described in item (aa) or (bb), $400, and (II) subject to clause (iii), in the case of a heat pump which does not satisfy the applicable requirement under clause (ii) and is produced during any calendar year beginning after December 31, 2023, by a taxpayer which has not produced any consumer central air conditioner units during such calendar year, $600. (ii) Additional Requirement The requirement described in this clause is the Energy Star Central Air Conditioner and Air Source Heat Pump Specification which is in effect at the time that the heat pump is produced by the taxpayer. (iii) Limitation For purposes of clause (i)(II), if the total number of heat pumps described in such clause which are produced by the taxpayer during any calendar year beginning after December 31, 2023, exceeds the number of heat pumps described in clause (i)(I)(bb) which are produced by the taxpayer during such calendar year, clause (i)(II) shall not apply with respect to the amount of such excess. (B) Commercial heat pumps (i) In general In the case of a commercial heat pump which satisfies the applicable requirements under clause (ii), the applicable amount shall be the amount equal to the product of— (I) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by (II) 2.4 cents. (ii) Requirements The requirement described in this clause is— (I) in the case of an air-source unitary heat pump which has a cooling capacity of not greater than 240,000 Btus per hour, such heat pump satisfies— (aa) the requirements of the Energy Star Light Commercial HVAC program which are in effect at the time that such heat pump is produced by the taxpayer, or (bb) the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which is in effect at the time that such heat pump is produced by the taxpayer, or (II) in the case of any heat pump which is not described in subclause (I), such heat pump exceeds the minimum efficiency standards under Reference Standard 90.1 by not less than 10 percent, as determined under testing conditions specified in Reference Standard 90.1. (iii) Heating capacity For purposes of clause (i)(I), in the case of an air-source heat pump, the heating capacity of such heat pump shall be determined using an ambient temperature of 17 degrees Fahrenheit. (C) Industrial heat pump In the case of an industrial heat pump, the applicable amount shall be the amount equal to the product of— (i) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by (ii) (I) in the case of a heat pump with a heating capacity of not greater than 2,400,000 Btus per hour, 3.6 cents, or (II) in the case of a heat pump with a heating capacity greater than 2,400,000 Btus per hour and a coefficient of performance of not less than 2.0, 1.8 cents. (c) Eligible production Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of— (1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over (2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. (d) Types of qualified energy efficient heat pumps For purposes of this section, the types of qualified energy efficient heat pumps are— (1) consumer heat pump water heaters described in subparagraph (A) of subsection (b)(1), (2) commercial heat pump water heaters described in subparagraph (B) of such subsection, (3) consumer unitary heat pumps described in subparagraph (A)(i) of subsection (b)(2), (4) commercial heat pumps described in subparagraph (B)(i) of such subsection, and (5) industrial heat pumps described in subparagraph (C) of such subsection. (e) Limitations (1) Aggregate credit amount allowed The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed an amount equal to the sum of— (A) with respect to any consumer unitary heat pumps described in subsection (b)(2)(A)(i)(I)(bb), $300,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) with respect to such heat pumps for all prior taxable years beginning after December 31, 2023, plus (B) with respect to any qualified energy efficient heat pumps (including any consumer unitary heat pumps described in subsection (b)(2)(A)(i)(I)(bb) which are not included under subparagraph (A)), $400,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) with respect to such heat pumps for all prior taxable years beginning after December 31, 2021. (2) Limitation based on gross receipts The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 4 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. (3) Gross receipts For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. (f) Adjustment of energy efficiency criteria and test procedures (1) Adjustment of energy efficiency criteria for industrial heat pumps Not later than December 31, 2023, and every 2 years thereafter, the Secretary, in consultation with the Secretary of Energy, shall— (A) review the requirement with respect to coefficient of performance for industrial heat pumps under subsection (b)(2)(C)(ii)(II), and (B) as necessary, prescribe regulations or other guidance which revise any such requirement to ensure that— (i) the credit allowed under subsection (a) only applies to industrial heat pumps which are the most efficient industrial heat pumps that are commercially available, and (ii) not less than 3 manufacturers produce such heat pumps across a range of product heating capacities. (2) Test methods and procedures (A) Industrial heat pumps Not later than the date which is 12 months after the date of enactment of this Act, the Secretary of Energy shall prescribe regulations or other guidance which establish test methods and procedures to determine the coefficient of performance for industrial heat pumps. (B) ANSI and ISO test methods and procedures For purposes of developing the test methods and procedures described in subparagraph (A), the Secretary of Energy shall expand upon any relevant test methods and procedures established by the American National Standards Institute and the International Organization for Standardization which are in effect as of the date of enactment of the Heating Efficiency and Affordability through Tax Relief Act . (g) Definitions In this section— (1) Btus The term Btus means British thermal units. (2) Coefficient of performance (A) In general The term coefficient of performance means the ratio of heat output to energy input. (B) Default Until such time as the Secretary of Energy issues regulations or guidance under subsection (f)(2), in the case of any industrial heat pump, any determination with respect to coefficient of performance for purposes of this section shall be determined using any test methods or procedures employed by the taxpayer which produced such heat pump, provided that such taxpayer makes any test conditions and assumptions with respect to such methods or procedures publicly available. (3) Commercial heat pump The term commercial heat pump means a heat pump which— (A) is designed to provide space heating and cooling, and (B) is not described in subparagraph (B) of paragraph (6). (4) Commercial heat pump water heater The term commercial heat pump water heater means a water heater which uses a heat pump to heat water and is not described in subparagraph (A) or (B) of paragraph (5). (5) Consumer heat pump water heater The term consumer heat pump water heater means a water heater which uses a heat pump to heat water and has a maximum current rating of 24 amperes at a voltage not greater than 250 volts. (6) Consumer unitary heat pump The term consumer unitary heat pump means a heat pump which— (A) is designed to provide space heating and cooling, and (B) has a cooling capacity of not greater than 65,000 Btus per hour. (7) Industrial heat pump The term industrial heat pump means a heat pump which— (A) upgrades industrial waste heat to a higher temperature, and (B) such heat is produced and supplied to an industrial facility in a manner which is more energy efficient than conventional heating methods, such as a steam or electric resistance boiler. (8) Qualified energy efficient heat pump The term qualified energy efficient heat pump means— (A) any consumer heat pump water heater described in subparagraph (A) of subsection (b)(1), (B) any commercial heat pump water heater described in subparagraph (B) of such subsection, (C) any consumer unitary heat pump described in subparagraph (A) of subsection (b)(2), (D) any commercial heat pump described in subparagraph (B) of such subsection, and (E) any industrial heat pump described in subparagraph (C) of such subsection. (9) Produced The term produced includes manufactured or assembled. (10) Reference Standard 90.1 The term Reference Standard 90.1 means, with respect to any heat pump, the most recent Standard 90.1 published by the American Society of Heating, Refrigerating, and Air Conditioning Engineers which is in effect at the time that such heat pump is produced by the taxpayer. (h) Special rules For purposes of this section— (1) In general Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. (2) Controlled group (A) In general All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer. (B) Inclusion of foreign corporations For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (3) Verification No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary. (4) 10 percent increase in applicable amount for heat pumps produced in union facilities In the case of any qualified energy efficient heat pump which is produced in a facility operating under a collective bargaining agreement negotiated by an employee organization (as defined in section 412(c)(4)), determined in a manner consistent with section 7701(a)(46), for purposes of determining the credit amount under subsection (a)(2) with respect to such heat pump, the applicable amount determined under subsection (b) with respect to such heat pump shall be increased by an amount equal to 10 percent of the applicable amount otherwise in effect under such subsection. (i) Election for direct payment (1) In general In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. (2) Special rules For purposes of this subsection— (A) Application to partnerships and S corporations (i) In general In the case of any credit determined under subsection (a) with respect to any property produced by a partnership or S corporation, if such partnership or S corporation makes an election under paragraph (1) (in such manner as the Secretary may provide) with respect to such credit— (I) the Secretary shall make a payment to such partnership or S corporation equal to the amount of such credit, (II) paragraph (4) shall be applied with respect to such credit before determining any partner’s distributive share, or shareholder’s pro rata share, of such credit, (III) any amount with respect to which the election in paragraph (1) is made shall be treated as tax exempt income for purposes of sections 705 and 1366, and (IV) a partner’s distributive share of such tax exempt income shall be based on such partner’s distributive share of such credit for each taxable year. (ii) Coordination with application at partner or shareholder level In the case of any partnership or S corporation, paragraph (1) shall be applied at the partner or shareholder level after application of clause (i)(II). (B) Elections Any election under paragraph (1) shall be made not later than the due date (including extensions of time) for the return of tax for the taxable year for which the election is made. Any such election, once made, shall be irrevocable. Any election under paragraph (1) shall apply with respect to any credit for the taxable year for which the election is made. (C) Timing The payment described in paragraph (1) shall be treated as made on the later of the due date (determined without regard to extensions) of the return of tax for the taxable year or the date on which such return is filed. (D) Treatment of payments to partnerships and S corporations For purposes of section 1324 of title 31, United States Code, the payments under subparagraph (A)(i)(I) shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (E) Additional information As a condition of, and prior to, a payment under this subsection, the Secretary may require such information or registration as the Secretary deems necessary or appropriate for purposes of preventing duplication, fraud, improper payments, or excessive payments under this subsection. (F) Excessive payment (i) In general In the case of a payment made to a taxpayer under this paragraph or any amount treated as a payment which is made by the taxpayer under paragraph (1) which the Secretary determines constitutes an excessive payment, the tax imposed on such taxpayer by chapter 1 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of— (I) the amount of such excessive payment, plus (II) an amount equal to 20 percent of such excessive payment. (ii) Reasonable cause Clause (i)(II) shall not apply if the taxpayer demonstrates to the satisfaction of the Secretary that the excessive payment resulted from reasonable cause. (iii) Excessive payment defined For purposes of this subparagraph, the term excessive payment means, with respect to an election is made under this subsection for any taxable year, an amount equal to the excess of— (I) the amount of the payment made to the taxpayer under this paragraph or any amount treated as a payment which is made by the taxpayer under paragraph (1) for such taxable year, over (II) the amount of the credit which, without application of this paragraph, would be otherwise allowable (determined without regard to section 38(c)) under subsection (a) for such taxable year. (3) Denial of double benefit In the case of a taxpayer making an election under this subsection with respect to the credit allowed under subsection (a), such credit shall be reduced to zero and shall, for any other purposes under this title, be deemed to have been allowed to the taxpayer for such taxable year. (4) Mirror code possessions In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this subsection shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this subsection be so treated. (5) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including— (A) regulations or other guidance providing rules for determining a partner’s distributive share of the tax exempt income described in paragraph (2)(A)(i)(III), and (B) guidance to ensure that the amount of the payment or deemed payment made under this subsection is commensurate with the amount of the credit that would be otherwise allowable (determined without regard to section 38(c)). (j) Termination This section shall not apply with respect to any property produced after December 31, 2031. . (b) Conforming amendments (1) Section 38(b) of the Internal Revenue Code of 1986 is amended— (A) by redesignating paragraphs (26) through (33) as paragraphs (27) through (34), respectively, and (B) by inserting after paragraph (25) the following: (26) the energy efficient heat pump credit determined under section 45M, . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45L the following item: Sec. 45M. Energy efficient heat pump credit. . (c) Effective date The amendments made by this section shall apply to property produced after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4139is/xml/BILLS-117s4139is.xml |
117-s-4140 | II 117th CONGRESS 2d Session S. 4140 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 22 of title 44, United States Code, to ensure Presidential records are preserved, duly created when non-official electronic messaging accounts are used, and made available to the public and the next administration in a timely fashion to advance national security and accountability, and for other purposes.
1. Short title This Act may be cited as the Promoting Accountability and Security in Transitions Act of 2022 or the PAST Act of 2022 . 2. Sense of Congress The sense of Congress is the following: (1) The preservation of Presidential records (as defined in section 2201 of title 44, United States Code) is a legal obligation for every Presidential administration, as Presidential records are the most important and widely used source for studying how the executive branch of the Federal Government works, how it has changed over time, and how it might evolve to serve the needs of a new era. (2) The preservation of Presidential records is therefore vital for— (A) the public to be able to understand and learn from the past; (B) future policymaking to build on the past administration’s successes and experience; (C) ensuring accountability for results, performance, and conduct; and (D) other purposes that serve to strengthen American democracy. (3) Any effort to destroy, alter, or remove Presidential records in violation of chapter 22 of title 44, United States Code— (A) threatens the values described in paragraph (2); and (B) may subject a person engaging in such efforts to other criminal penalties under section 641 or 2071 of title 18, United States Code. (4) The lawful disposal of Presidential records that no longer have administrative, historical, informational, or evidentiary value must follow a process as described in section 2203 of title 44, United States Code. (5) What constitutes a Presidential record is determined solely by whether the record relates to the carrying out of constitutional, statutory, or other official or ceremonial duties of the President , as indicated in the definition of the term Presidential records in section 2201 of title 44, United States Code, and by the content of the information contained in the record. (6) For communication between agencies and the Executive Office of the President, the copy of the record belonging to the agency is retained as an agency record pursuant to section 3301 of title 44, United States Code. (7) Consistent with section 2203 of title 44, United States Code, any Presidential records created with non-official electronic media shall be preserved , which includes a comprehensive documentation of all records and associated metadata and attachments. (8) Applications or software with an automatic deleting functionality are antithetical to the legal and historical obligations described under chapter 22 of title 44, United States Code. (9) Periods of Presidential transition are moments where the national security of the United States is most vulnerable, necessitating an early, good faith, and consistent commitment by the outgoing administration to ensure continuity of operations as it relates to national security and protecting critical infrastructure, among other reasons. (10) Agencies and the Executive Office of the President are required by law to cooperate with the Archivist of the United States and the Federal Transition Coordinator of the General Services Administration, who is tasked with ensuring agencies comply with all statutory requirements relating to transition planning under section 4(c) of the Presidential Transition Act of 1963 ( 3 U.S.C. 102 note). (11) During a Presidential transition, Presidential records, which contain valuable information regarding agreements or negotiations with foreign governments and international organizations and the actions and beliefs of foreign nations or actors, are of enormous value to the national security. (12) Any effort to delay briefings, coordination, and sharing of information regarding key national security relationships, threats, and operations with an incoming administration or the destruction, removal, or alteration of Presidential records that attest to the information described in this section could pose a grave danger to the national security. (13) An expeditious ascertainment of the plausible President-elect and Vice-President-elect by the Administrator of General Services plays a vital role in ensuring continuity of Government and protecting national security such that the risk of redundant expenditure is overwhelmed by the advantages of an early access to transition resources to allow for transition planning. (14) The National Archives and Records Administration plays an essential role in ensuring the official proceedings of Government are documented to improve democracy in the United States, protect national security, provide continuity of Government during a transition, and promote accountability for actions taking during a Presidency. (15) The robust funding of the National Archives and Records Administration and protection of its officers and employees from political interference is a national imperative and must be a priority for Congress. 3. Definitions Section 2201 of title 44, United States Code, is amended— (1) in paragraph (1), by inserting , and includes the metadata associated with all such material before the period; and (2) by adding at the end the following: (6) The term electronic messaging account includes electronic mail, chat or instant messaging, text messaging, voicemail messaging, and other messaging platforms or apps, such as social media or mobile applications, among other applications. (7) The term official electronic messaging account includes electronic messaging accounts provided by an executive agency or the Executive Office of the President. (8) The term dispose , with respect to documentary material, means to remove, deface, alter, corrupt, delete, erase, or otherwise destroy the documentary material. . 4. Management and custody of Presidential records (a) In general Section 2203 of title 44, United States Code, is amended— (1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; (2) by redesignating subsection (d) as subsection (e); (3) by striking subsection (c) and inserting the following: (c) The President shall obtain the advice of the Archivist in applying standards, procedures, and techniques designed to— (1) improve the management of records; (2) promote the maintenance and security of records determined appropriate for preservation; and (3) facilitate the segregation and disposal of records of temporary value. (d) (1) During the President’s term of office, if the President wishes to dispose of those Presidential records of the President that no longer have administrative, historical, informational, or evidentiary value— (A) the President shall request, in writing, the views of the Archivist concerning the proposed disposal of the Presidential records; and (B) the Archivist shall indicate, in writing, whether the Archivist intends to take any action under subsection (g) with respect to the Presidential records. (2) Not later than 5 business days after the date on which the Archivist provides a written indication under paragraph (1)(B), the Archivist shall make publicly available on a website any communications received or sent by the Archivist regarding the potential disposal of Presidential records under paragraph (1). ; (4) in subsection (e), as so redesignated— (A) by striking subsection (c) and inserting subsection (d) ; and (B) by striking subsection (e) and inserting subsection (g) ; and (5) by inserting after subsection (e), as so redesignated, the following: (f) In January of each even-numbered year, the Archivist shall, in coordination with the Office of Administration of the Executive Office of the President, submit to the chair and ranking member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives and to the President a report that— (1) is based on inspections conducted by the Archivist, in coordination with the Office of Administration of the Executive Office of the President, of the Presidential records management programs of the Executive Office of the President; and (2) evaluates— (A) the records management activities and training conducted and standard operating procedures and guidance issued pursuant to this section; and (B) responses to any recommendations resulting from inspections or studies conducted under this section. . (b) Conforming amendments Title 44, United States Code, is amended— (1) in section 2105(a)(2), by striking paragraph (f)(2) and inserting subsection (i)(2) ; (2) in section 2204(b)(2)(A), by striking section 2203(d)(1) and inserting 2203(i)(1) ; and (3) in section 2206(1), by striking section 2203(f)(3) and inserting section 2203(i)(4) . 5. Restrictions on access to Presidential records Section 2204 of title 44, United States Code, is amended— (1) in subsection (b)(3), by striking shall not be subject to judicial review, except as provided and inserting shall be subject to judicial review, including as provided ; and (2) in subsection (e)— (A) by inserting (1) before The United States ; and (B) by adding at the end the following: (2) (A) A person seeking access to a Presidential record to which access is restricted under subsection (a) may file an action in the United States District Court for the District of Columbia seeking release of the Presidential record. (B) In an action filed under subparagraph (A), the court shall direct the release of a Presidential record, or a reasonably segregable portion thereof, if the court determines that the Presidential record, or the reasonably segregable portion thereof, is not within any of the categories specified in subsection (a) and there is not a valid claim of constitutionally based privilege against disclosure. . 6. Exceptions to restricted access Section 2205(2)(C) of title 44, United States Code, is amended— (1) by striking to any committee or subcommittee thereof and inserting upon request by the chair or ranking member of a committee or subcommittee thereof, to such chair or ranking member, ; and (2) by striking its business and inserting the business of the committee or subcommittee . 7. Regulations Section 2206 of title 44, United States Code, is amended— (1) by inserting (a) before The Archivist ; (2) in subsection (a), as so designated— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (5) provisions— (A) for what constitutes official and non-official electronic messaging accounts; and (B) establishing procedures for documenting— (i) Presidential records created on non-official electronic messaging accounts, including emerging technologies, applications, and platforms; and (ii) required metadata; (6) provisions for the preservation of digital media, including from social media accounts, that may appear to be personal records or private property but the preservation of which may be required under this chapter; and (7) provisions for the appropriate circumstances and controls for the use of messaging applications and software with automatic deleting or other similar functionalities. ; and (3) by adding at the end the following: (b) The Archivist shall issue, and shall annually update, implementation guidance with respect to the regulations described in paragraphs (5) and (6) of subsection (a). . 8. Disclosure requirement for official business conducted using non-official electronic messaging accounts (a) In general Section 2209(a) of title 44, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking create or send and inserting create, send, or receive ; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; and (3) by striking The President, and inserting the following: (1) Limitations Not later than 90 days after assuming office, the President shall publicly release guidelines for officers and employees of the Executive Office of the President who create or receive documentary material that— (A) prohibit the use of non-official electronic messaging accounts that cannot be easily copied or forwarded to an official electronic messaging account for official business; and (B) prohibit the use of messaging accounts or software with automatic deleting or other similar functionalities. (2) Requirements for use The President, . 9. Presidential Transition Act of 1963 The Presidential Transition Act of 1963 ( 3 U.S.C. 102 note) is amended— (1) in section 3— (A) in subsection (a)(8)(A), by striking clause (v) and inserting the following: (v) (I) (aa) Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of— (AA) specific strategic, tactical, and operational threats to national security; (BB) major military or covert operations; and (CC) pending decisions on possible uses of military force or covert actions. (bb) The summary prepared under item (aa) shall be provided to the President-elect and members of office staff with appropriate clearances that are designated by the President-elect as soon as possible after the date of the general elections held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code. (II) The Archivist of the United States shall collaborate with the Federal Transition Coordinator and agencies, including the Executive Office of the President, to ensure that the President-elect and members of office staff with appropriate clearances that are designated by the President-elect can easily access national security information (including documents, videos, audio, and briefings) created by the previous administration after the inauguration of the President-elect. (III) The Archivist of the United States shall submit to the chair and ranking member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report if the Archivist of the United States believes there appears to be noncompliance with the requirements under this clause. ; and (B) in subsection (c)— (i) by inserting (1) before The terms ; and (ii) by adding at the end the following: (2) (A) Not later than 6 days after the date of a general election described in paragraph (1), the Administrator shall make the ascertainment described in paragraph (1) without any interference or undue pressure from the President or a candidate for President, or any representative thereof, based on provisional results from State election officials and expert analysis of results. (B) Given the imperatives of an orderly transition, if there is a plausible chance that the apparent successful candidate for the office of President and Vice President, respectively, are not the incumbent, or if the incumbent was not a candidate, the Administrator shall provide a portion of the services and facilities authorized to be provided under this section to all parties with a plausible chance of being the successful candidate. ; and (2) in section 4— (A) in subsection (d)— (i) in paragraph (2)— (I) in subparagraph (B), by striking and at the end; (II) in subparagraph (C), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (D) under the guidance of the Archivist of the United States, monitor compliance with chapter 22 of title 44, United States Code, including the preservation of all records and prevention of any records from being disposed unless done in accordance with that chapter. ; (ii) in paragraph (3)— (I) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (II) by inserting after subparagraph (B) the following: (C) the Archivist of the United States; ; and (iii) by adding at the end the following: (5) Role of the Archivist (A) In general Not later than 120 days before the date of a Presidential election, the Archivist of the United States shall send a written communication to all officers and employees of the Executive Office of the President who create or receive documentary material (as defined in section 2201 of title 44, United States Code)— (i) describing the requirements under chapter 22 of title 44, United States Code; and (ii) establishing a timeline for cooperation with the Archivist of the United States to ensure an orderly and timely transition of records subject to that chapter if there is a Presidential transition. (B) Reporting (i) In general Not later than 30 days after the date of a Presidential election which results in a Presidential transition, the Archivist of the United States, in coordination with the Federal Transition Coordinator, shall submit to the chair and ranking member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report discussing the status of the transition activities of the White House Transition Coordinating Council and identifying concerns, if any, regarding compliance with chapter 22 of title 44, United States Code. (ii) Noncompliance The Archivist of the United States shall submit to the chair and ranking member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report if the Archivist of the United States believes there appears to be noncompliance with the requirements or timeline described in subparagraph (A). ; (B) in subsection (e)(2)— (i) in subparagraph (D), by striking and at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (F) under the guidance of the Archivist of the United States, monitor compliance with chapter 22 of title 44, United States Code, including the preservation of all records and prevention of any records from being disposed unless done in accordance with that chapter. ; (C) by redesignating subsection (i) as subsection (j); and (D) by inserting after subsection (h) the following: (i) Role of the Archivist (1) In general Not later than 120 days before the date of a Presidential election, the Archivist of the United States shall send a written communication to the head of each agency— (A) describing the requirements under chapter 33 of title 44, United States Code; and (B) establishing a timeline for cooperation with the Archivist of the United States to ensure an orderly and timely transition of records subject to that chapter if there is a Presidential transition. (2) Reporting (A) In general Not later than 30 days after the date of a Presidential election which results in a Presidential transition, the Archivist of the United States, in coordination with the Federal Transition Coordinator, shall submit to the chair and ranking member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report discussing the status of the transition activities of agencies and identifying concerns, if any, regarding compliance with chapter 33 of title 44, United States Code. (B) Noncompliance The Archivist of the United States shall submit to the chair and ranking member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report if the Archivist of the United States believes there appears to be noncompliance with the requirements or timeline described in paragraph (1). . 10. Former Presidents The Act entitled An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes , approved August 25, 1958 (commonly known as the Former Presidents Act of 1958 ) ( 3 U.S.C. 102 note), is amended by adding at the end the following: (h) If the Archivist of the United States determines that a former President did not comply with major requirements under chapter 22 of title 44, United States Code, or the Presidential Transition Act of 1963 ( 3 U.S.C. 102 note), the monetary amounts described in subsections (a) and (b) shall be withheld until the later of— (1) 1 year after the date on which the Archivist makes that determination; or (2) the date on which the Archivist determines the former President has adequately complied with the requirements. . 11. Presidential archival depository Section 2112 of title 44, United States Code, is amended— (1) in subsection (b)— (A) by striking When the Archivist and inserting (1) Subject to paragraph (2), when the Archivist ; and (B) by adding at the end the following: (2) The Archivist may not deposit papers, documents, or other historical materials accepted under section 2111 of this title or other Federal records appropriate for preservation in a Presidential archival depository relating to a former President under paragraph (1) until after the date on which the Archivist determines that the former President has adequately complied with the requirements under chapter 22 relating to Presidential records (as defined in section 2201). ; (2) in subsection (g), by adding at the end the following: (6) (A) Notwithstanding paragraphs (3), (4), and (5) (to the extent that such paragraphs are inconsistent with this paragraph), this subsection shall be administered in accordance with this paragraph with respect to any Presidential archival depository created as a depository for the papers, documents, and other historical materials and Presidential records pertaining to any President who takes any action, including destruction, alteration, concealment, or removal, that threatens or damages the integrity and statutory preservation requirements under chapter 22 for Presidential records (as defined in section 2201). (B) For purposes of subparagraphs (A)(ii), (B)(i)(II), and (B)(ii)(II) of paragraph (3) the percentage of 100 percent shall apply instead of 60 or 20 percent. ; and (3) by adding at the end the following: (h) None of the funds in the account in the National Archives Trust Fund that may be expended for the benefit and in the interest of a Presidential archival depository relating to a former President may be used for the cost of digitizing records the former President wishes to deposit in and make available through the Presidential archival depository. . | https://www.govinfo.gov/content/pkg/BILLS-117s4140is/xml/BILLS-117s4140is.xml |
117-s-4141 | II 117th CONGRESS 2d Session S. 4141 IN THE SENATE OF THE UNITED STATES May 4, 2022 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to establish in the Department of Veterans Affairs an Advisory Committee on United States Outlying Areas and Freely Associated States, and for other purposes.
1. Department of Veterans Affairs Advisory Committee on United States Outlying Areas and Freely Associated States (a) Establishment of Advisory Committee (1) In general Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: 548. Advisory Committee on United States Outlying Areas and Freely Associated States (a) Establishment (1) The Secretary shall establish an advisory committee to provide advice and guidance to the Secretary on matters relating to covered veterans. (2) The advisory committee established under paragraph (1) shall be known as the Advisory Committee on United States Outlying Areas and Freely Associated States . (b) Duties The duties of the Committee shall be the following: (1) To advise the Secretary on matters relating to covered veterans, including how the Secretary can improve the programs and services of the Department to better serve such veterans. (2) To identify for the Secretary evolving issues of relevance to covered veterans. (3) To propose clarifications, recommendations, and solutions to address issues raised by covered veterans. (4) To provide a forum for covered veterans, veterans service organizations serving covered veterans, and the Department to discuss issues and proposals for changes to regulations, policies, and procedures of the Department. (5) To identify priorities for and provide advice to the Secretary on appropriate strategies for consultation with veterans service organizations serving covered veterans. (6) To encourage the Secretary to work with other departments and agencies of the Federal Government and Congress to ensure covered veterans are provided the full benefits of their status as covered veterans. (7) To highlight contributions of covered veterans in the Armed Forces. (8) To conduct other duties as determined appropriate by the Secretary. (c) Membership (1) The Committee shall be comprised of 15 voting members appointed by the Secretary. (2) In appointing members pursuant to paragraph (1), the Secretary shall ensure the following: (A) At least one member is appointed to represent covered veterans in each of the following areas: (i) American Samoa. (ii) Guam. (iii) Puerto Rico. (iv) The Commonwealth of the Northern Mariana Islands. (v) The Virgin Islands of the United States. (vi) The Federated States of Micronesia. (vii) The Republic of the Marshall Islands. (viii) The Republic of Palau. (B) Not fewer than half of the members appointed are covered veterans, unless the Secretary determines that an insufficient number of qualified covered veterans are available. (C) Each member appointed resides in an area specified in subparagraph (A). (3) In appointing members pursuant to paragraph (1), the Secretary may consult with any Member of Congress who represents an area specified in paragraph (2)(A). (d) Terms; vacancies (1) A member of the Committee shall be appointed for a term of two years. (2) Not later than 180 days after receiving notice of a vacancy in the Committee, the Secretary shall fill the vacancy in the same manner as the original appointment. (e) Meeting format and frequency (1) Except as provided in paragraph (2), the Committee shall meet in-person with the Secretary not less frequently than twice each year and hold monthly conference calls as necessary. (2) Meetings held under paragraph (1) may be conducted virtually during a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) or any renewal of such declaration. (f) Additional representation (1) Representatives of relevant departments and agencies of the Federal Government may attend meetings of the Committee and provide information to the Committee. (2) One representative of the Department shall attend each meeting of the Committee. (3) Representatives attending meetings under this subsection— (A) shall not be considered voting members of the Committee; and (B) may not receive additional compensation for services performed with respect to the Committee. (g) Subcommittees (1) The Committee may establish subcommittees. (2) The Secretary may, in consultation with the Committee, appoint a member to a subcommittee established under paragraph (1) who is not a member of the Committee. (3) A subcommittee established under paragraph (1) may enhance the function of the Committee, but may not supersede the authority of the Committee or provide direct advice or work products to the Secretary. (h) Reports (1) Not less frequently than once each year, the Committee shall submit to the Secretary and the appropriate committees of Congress a report containing such recommendations as the Committee may have for legislative or administrative action. (2) Not later than 90 days after the date on which the Secretary receives a report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a written response to the report after— (A) giving the Committee an opportunity to review such written response; and (B) including in such written response any comments the Committee considers appropriate. (3) Not less frequently than once every two years, the Committee shall submit to the Secretary and the appropriate committees of Congress a report describing the activities of the Committee during the previous two years. (4) The Secretary shall make publicly available on an internet website of the Department— (A) each report the Secretary receives under paragraph (1); (B) each written response the Secretary submits under paragraph (2); and (C) each report the Secretary receives under paragraph (3). (i) Committee personnel matters A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the member in the performance of the duties of the Committee. (j) Consultation In carrying out this section, the Secretary shall consult with veterans service organizations serving covered veterans. (k) Federal Advisory Committee Act exemption Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (l) Definitions In this section: (1) The term appropriate committees of Congress means— (A) the Committee on Veterans’ Affairs of the Senate; and (B) the Committee on Veterans’ Affairs of the House of Representatives. (2) The term Committee means the Advisory Committee on United States Outlying Areas and Freely Associated States established under subsection (a). (3) The term covered veteran means a veteran residing in an area specified in subsection (c)(2)(A). (4) The term veterans service organization serving covered veterans means any organization that— (A) serves the interests of covered veterans; (B) has covered veterans in substantive and policymaking positions within the organization; and (C) has demonstrated experience working with covered veterans. . (2) Clerical amendment The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 547 the following new item: 548. Advisory Committee on United States Outlying Areas and Freely Associated States. . (b) Deadline for establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish the advisory committee required by section 548 of title 38, United States Code, as added by subsection (a)(1) of this section. (c) Deadline for initial appointments Not later than 90 days after the date on which the Secretary establishes the advisory committee required by such section 548, the Secretary shall appoint the members of such advisory committee. (d) Initial meeting Not later than 120 days after the date on which the Secretary establishes the advisory committee required by such section 548, such advisory committee shall hold its first meeting. | https://www.govinfo.gov/content/pkg/BILLS-117s4141is/xml/BILLS-117s4141is.xml |
117-s-4142 | II 117th CONGRESS 2d Session S. 4142 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Rubio (for himself, Mr. Scott of Florida , Mrs. Blackburn , Mr. Braun , Mr. Sasse , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China.
1. Short title This Act may be cited as the Preventing PLA Acquisition of United States Technology Act of 2022 . 2. Countering the Military-Civil Fusion strategy of the Chinese Communist Party (a) Definitions In this section: (1) Chinese entity of concern The term Chinese entity of concern means— (A) any college or university in the People's Republic of China that is determined by the Secretary of Defense to be involved in the implementation of the military-civil fusion strategy, including— (i) any college or university known as the Seven Sons of National Defense ; (ii) any college or university that receives funding from— (I) the People's Liberation Army; or (II) the Equipment Development Department, or the Science and Technology Commission, of the Central Military Commission; (iii) any college or university in the People's Republic of China involved in military training and education, including any such college or university in partnership with the People's Liberation Army; (iv) any college or university in the People's Republic of China that conducts military research or hosts dedicated military initiatives or laboratories, including such a college or university designated under the double first-class university plan ; (v) any college or university in the People's Republic of China that is designated by the State Administration for Science, Technology, and Industry for the National Defense to host joint construction programs; (vi) any college or university in the People's Republic of China that has launched a platform for military-civil fusion or created national defense laboratories; and (vii) any college or university in the People’s Republic of China that conducts research or hosts dedicated initiatives or laboratories for any other related security entity beyond the People’s Liberation Army, including the People’s Armed Police, the Ministry of Public Security, and the Ministry of State Security; (B) any enterprise for which the majority shareholder or ultimate parent entity is the Government of the People’s Republic of China at any level of that government; (C) any privately owned company in the People's Republic of China— (i) that has received a military production license, such as the Weapons and Equipment Research and Production Certificate, the Equipment Manufacturing Unit Qualification, the Weapons and Equipment Quality Management System Certificate, or the Weapons and Equipment Research and Production Unit Classified Qualification Permit; (ii) that is otherwise known to have set up mechanisms for engaging in activity in support of military initiatives; (iii) that has a history of subcontracting for the People's Liberation Army or its affiliates; (iv) that is participating in, or receiving benefits under, a military-civil fusion demonstration base; or (v) that has an owner, director, or a senior management official who has served as a delegate to the National People’s Congress, a member of the Chinese People’s Political Consultative Conference, or a member of the Central Committee of the Chinese Communist Party; and (D) any entity that— (i) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. (2) Covered entity The term covered entity means— (A) any Federal agency that engages in research or provides funding for research, including the National Science Foundation and the National Institutes of Health; (B) any institution of higher education, or any other private research institution, that receives any Federal financial assistance; and (C) any private company headquartered in the United States that receives Federal financial assistance. (3) Federal financial assistance The term Federal financial assistance has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations). (4) Military-civil fusion strategy The term military-civil fusion strategy means the strategy of the Chinese Communist Party aiming to mobilize non-military resources and expertise for military application, including the development of technology, improvements in logistics, and other uses by the People’s Liberation Army. (b) Prohibitions (1) In general No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). (c) Website (1) In general The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall establish, and periodically update not less than twice a year, a website that includes— (A) a list of the specific areas of scientific research or technical exchange for which the prohibitions under subsection (b) apply, which shall initially include some or all aspects of the fields of quantum computing, photonics and lasers, robotics, big data analytics, semiconductors, new and advanced materials, biotechnology (including synthetic biology and genetic engineering), 5G and all future generations of telecommunications, advanced nuclear technology (including nuclear power and energy storage), aerospace technology, and artificial intelligence; and (B) to the extent practicable, a list of all Chinese entities of concern. (2) List of specific areas In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. (3) Resources In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. (d) Exception The prohibitions under subsection (b) shall not apply to any collaborative study or research project in fields involving information that would not contribute substantially to the goals of the military‑civil fusion strategy, as determined by regulations issued by the Secretary of Defense. (e) Annual reporting requirements (1) In general Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses— (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns. (2) Audit The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. (f) Enforcement (1) In general Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall— (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements. | https://www.govinfo.gov/content/pkg/BILLS-117s4142is/xml/BILLS-117s4142is.xml |
117-s-4143 | II 117th CONGRESS 2d Session S. 4143 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the importation of agricultural products, raw materials, and food from the Russian Federation if the Russian Federation prohibits the importation of such products, materials, and food from the United States, and for other purposes.
1. Short title This Act may be cited as the Protecting American Food Producers from Russia’s Market Distortions Act . 2. Prohibition on importation of certain agricultural products, raw materials, and food from the Russian Federation (a) In general The importation into the United States from the Russian Federation of any article described in subsection (b) is prohibited. (b) Articles described An article is described in this subsection if— (1) the article is classifiable under any of chapters 1 through 24 of the Harmonized Tariff Schedule of the United States; and (2) the Government of the Russian Federation prohibits the importation of the article into the Russian Federation from the United States. (c) Effective date The prohibition under subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act. 3. Prohibition on procurement of certain agricultural products, raw materials, and food from the Russian Federation No Federal funds may be obligated or expended on or after the date of the enactment of this Act for the procurement from the Russian Federation of any article described in section 2(b). 4. Termination The prohibitions under sections 2 and 3 shall terminate with respect to an article on the date on which the President determines and certifies to Congress that— (1) the Government of the Russian Federation has terminated its prohibition on the importation of the article from the United States; (2) the Government of the Russian Federation and its proxies have withdrawn all military and paramilitary forces from the internationally recognized territory of the Government of Ukraine; and (3) the President has received credible commitments from the Government of the Russian Federation that that Government will not engage in hostile action against Ukraine in the future. | https://www.govinfo.gov/content/pkg/BILLS-117s4143is/xml/BILLS-117s4143is.xml |
117-s-4144 | II 117th CONGRESS 2d Session S. 4144 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Markey (for himself, Ms. Warren , Mr. Sanders , Mr. Booker , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Energy Policy Act of 2005 to establish an energy efficient appliance rebate program to provide rebates for the manufacturing, distribution, and shipment of certain building electrification products, and for other purposes.
1. Short title This Act may be cited as the Installing Clean Efficient Energy Hastens Our Transition Act of 2022 or the ICEE HOT Act of 2022 . 2. Findings Congress finds that— (1) additional measures are needed to further reduce United States and European dependence on Russia and other authoritarian petrostates while also saving money for people in the United States, protecting public health, and combating the climate crisis; (2) over the past 5 years, the United States has, on average, imported approximately 500,000 barrels of oil per day from Russia; (3) almost 40 percent, or 196,500 barrels per day, of Russian oil supplied to the United States can be replaced by swapping out the 5,300,000 residential oil heating devices in the United States with efficient electric heat pumps; (4) in 2020, 104,000 heat pump water heaters were installed in the United States; (5) in 2021, 3,900,000 air source heat pumps were installed in the United States; (6) through the modified energy efficient appliance rebate program of the Department of Energy, the United States could provide midstream incentives and upstream incentives that support and increase manufacturing capacity and supply chain security for technologies that reduce fossil fuel demand and fuel costs, such as electric heat pumps and efficient electric appliances; (7) $10,000,000,000 in midstream incentives and upstream incentives at $1,000 per unit for cold climate and $500 per unit for noncold climate would— (A) help the manufacture of an additional 7,500,000 heat pumps in the United States; and (B) lay the groundwork to bring down manufacturing and distribution costs in the medium and long term, thus transforming the heat pump marketplace; and (8) combined with climate justice and clean energy investment, generation, and domestic manufacturing incentives, the incentives described in paragraph (6) will provide additional support for national security, climate action, and consumer protection goals. 3. Energy efficient appliance rebate program (a) Definitions Section 124(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15821(a) ) is amended— (1) by redesignating paragraphs (1) through (5) as paragraphs (7), (8), (13), (15), and (16), respectively; (2) by inserting before paragraph (7) (as so redesignated) the following: (1) Disadvantaged business The term disadvantaged business means a distributor or original equipment manufacturer that is a small business participating in the minority small business and capital ownership development program of the Small Business Administration pursuant to section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) (commonly known as the 8(a) program ). (2) Disadvantaged individual The term disadvantaged individual means— (A) a Black American, Hispanic American, Native American, Asian Pacific American, any other minority, or any other individual found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); and (B) a woman. (3) Distributor The term distributor means a person to which an eligible building electrification product is delivered or sold for purposes of distribution in commerce. (4) Electric residential cold climate heat pump The term electric residential cold climate heat pump means a heat pump that— (A) is certified under the Energy Star program; (B) is optimized for peak heating and part-load cooling performance; and (C) meets— (i) the cold climate air source heat pump specifications of the Northeast Energy Efficiency Partnerships; or (ii) the criteria for cold climate heat pumps under the Energy Star program. (5) Electric residential heat pump water heater The term electric residential heat pump water heater means an electric heat pump water heater for residential use that is certified under the Energy Star program. (6) Eligible building electrification product The term eligible building electrification product means any of the following United States-made products: (A) An electric residential heat pump water heater. (B) An electric residential air source heat pump. (C) An electric residential central geothermal heat pump. (D) An electric residential cold climate heat pump. (E) An induction or noninduction electric smooth stove, flat cooktop, range, or oven. (F) An electric heat pump clothes dryer that— (i) is certified under the Energy Star program; or (ii) meets a more stringent standard, as determined by the Secretary, if the Secretary determines a more stringent standard is appropriate. (G) A smart panel or a panel that is part of an electric load or service center upgrade. (H) Any other electric product, as determined by the Secretary. ; (3) by inserting after paragraph (8) (as so redesignated) the following: (9) Midstream rebate The term midstream rebate means a rebate provided by a State to a distributor under a State program described in subsection (b)(1)(B). (10) Original equipment manufacturer The term original equipment manufacturer means an entity that manufactures eligible building electrification products. (11) Residential air source heat pump The term residential air source heat pump means a heat pump or central air conditioner (as defined in section 321(21) of the Energy Policy and Conservation Act ( 42 U.S.C. 6291(21) )) that— (A) notwithstanding subparagraph (E) of that section, is a heating and cooling unit; and (B) is certified under the Energy Star program. (12) Residential central geothermal heat pump The term residential central geothermal heat pump has the meaning given the term qualified geothermal heat pump property in section 25D(d)(5)(B) of the Internal Revenue Code of 1986. ; (4) by inserting after paragraph (13) (as so redesignated) the following: (14) Smart panel The term smart panel means an electrical power distribution panel with an integrated communications and energy management system capable of— (A) interoperability with electric utility distribution networks; and (B) monitoring and controlling individual circuits to ensure that the total load on the electrical service does not exceed a programmed set-point. ; and (5) by adding at the end the following: (17) United States-made The term United States-made , with respect to an eligible building electrification product, means that not less than 55 percent of the components of the eligible building electrification product are mined, produced, or manufactured, as applicable, in the United States, as determined by the Secretary. (18) Upstream rebate The term upstream rebate means a rebate provided by a State to a distributor or original equipment manufacturer under a State program described in subsection (b)(1)(B). . (b) Program Section 124 of the Energy Policy Act of 2005 ( 42 U.S.C. 15821 ) is amended— (1) in subsection (b)(1)— (A) by striking program to provide and inserting the following: program— (A) to provide ; (B) in subparagraph (A) (as so designated), by adding or at the end after the semicolon; and (C) by adding at the end the following: (B) to provide midstream rebates and upstream rebates to original equipment manufacturers and distributors, as applicable, for the manufacturing, distribution, or shipment of eligible building electrification products; ; (2) in subsection (d)— (A) by striking The allocation and inserting the following: (1) In general The allocation ; and (B) by adding at the end the following: (2) Disadvantaged businesses and individuals Of the amount used by a State to carry out a State program described in subsection (b)(1)(B), not less than 40 percent shall be used to provide midstream rebates and upstream rebates— (A) to disadvantaged businesses; or (B) to original equipment manufacturers or distributors that employ disadvantaged individuals. (3) Union facilities Of the amount used by a State to carry out a State program described in subsection (b)(1)(B), not less than 40 percent shall be used to provide midstream rebates and upstream rebates to distributors and original equipment manufacturers, as applicable, that own or operate facilities operating under a collective bargaining agreement negotiated by a labor organization (as defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 )) in accordance with the requirements of section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ). ; (3) in subsection (e)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A), (C), and (D), respectively, and indenting appropriately; (B) in the matter preceding subparagraph (A) (as so redesignated), by striking Rebates in the first sentence and all that follows through The amount in the second sentence and inserting the following: (1) In general Rebates may be provided to— (A) residential consumers that meet the requirements of the State program described in subsection (b)(1)(A); and (B) original equipment manufacturers and distributors of eligible building electrification products that meet the requirements of the State program described in subsection (b)(1)(B). (2) Amount The amount ; and (C) in paragraph (2) (as so designated)— (i) in the matter preceding subparagraph (A) (as so redesignated), by striking consideration— and inserting consideration, as applicable— ; and (ii) by inserting after subparagraph (A) (as so redesignated) the following: (B) the amount of any Federal or State tax incentive available for the manufacturing or distribution of eligible building electrification products; ; and (4) by striking subsection (f) and inserting the following: (f) Administrative requirements for recipients of midstream and upstream rebates (1) Pass-through (A) In general As a condition of receipt of a midstream rebate or upstream rebate, a distributor or original equipment manufacturer shall pass through not less than 90 percent of the value of the midstream rebate or upstream rebate, as applicable, to a distributor or other customer in the form of a reduced price for the purchase of an eligible building electrification product. (B) Use of remainder After carrying out subparagraph (A), a distributor or original equipment manufacturer may retain not more than 10 percent of the remainder of the applicable midstream rebate or upstream rebate as a processing fee. (2) Coordination with existing programs An entity that receives a midstream rebate or upstream rebate is encouraged to coordinate with Federal and State agencies, electric utilities, natural gas utilities, nonprofit organizations, and other entities carrying out other relevant Federal or State rebate programs. (3) No multiple midstream and upstream rebates An entity that receives a midstream rebate or upstream rebate for an eligible building electrification product may not receive— (A) an upstream rebate or midstream rebate, respectively, for the same eligible building electrification product; or (B) a second midstream rebate or upstream rebate, respectively, for the same eligible building electrification product. (4) Taxation A midstream rebate or upstream rebate shall not be considered to be gross income of the recipient of the rebate for purposes of the Internal Revenue Code of 1986. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section to provide allocations only to States that have established a State program described in subsection (b)(1)(B) $10,000,000,000 for the period of fiscal years 2023 through 2030. . | https://www.govinfo.gov/content/pkg/BILLS-117s4144is/xml/BILLS-117s4144is.xml |
117-s-4145 | II 117th CONGRESS 2d Session S. 4145 IN THE SENATE OF THE UNITED STATES May 4, 2022 Ms. Cantwell (for herself, Ms. Klobuchar , Mr. Warnock , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend section 13 of the Federal Trade Commission Act to provide for equitable relief, and for other purposes.
1. Short title This Act may be cited as the Consumer Protection Remedies Act of 2022 . 2. Amendments to the Federal Trade Commission Act (a) In general Section 13 of the Federal Trade Commission Act ( 15 U.S.C. 53 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking is violating, or is about to violate, and inserting has violated, is violating, or is about to violate ; (B) in paragraph (2)— (i) by inserting either (A) before the enjoining thereof ; and (ii) by inserting or (B) the permanent enjoining thereof or the ordering of an equitable remedy under subsection (e) after final, ; and (C) in the flush text following paragraph (2)— (i) by striking to enjoin any such act or practice and inserting to obtain such injunction or remedy ; (ii) by striking Upon a proper showing that and inserting In a case brought under paragraph (2)(A), upon a proper showing that ; (iii) by striking such action and inserting a temporary restraining order or preliminary injunction ; (iv) by striking without bond ; (v) by striking That in proper cases the Commission may seek, and after proper proof, the court may issue, a permanent injunction and inserting That in a case brought under paragraph (2)(B), after proper proof and upon a showing that a permanent injunction or equitable remedy under subsection (e) would be in the public interest, the court may issue a permanent injunction, an equitable remedy under subsection (e), or any other relief as the court determines to be just and proper, including temporary or preliminary equitable relief ; (vi) by striking Any suit may and inserting Any suit under paragraph (2) may ; and (vii) by striking any suit under this section and inserting any such suit ; and (2) by adding at the end the following new subsection: (e) Equitable remedies (1) Restitution; contract rescission and reformation (A) In general In a suit brought under subsection (b)(2)(B) with respect to a violation of a provision of law enforced by the Commission, the Commission may seek, and the court may order— (i) restitution for consumer loss resulting from such violation; (ii) rescission or reformation of contracts; and (iii) the refund of money or return of property. (B) Limitations period Relief under this paragraph shall not be available for a claim arising more than 10 years before the filing of the Commission’s suit under subsection (b)(2)(B) with respect to the violation that gave rise to the claim. (2) Disgorgement (A) In general In a suit brought under subsection (b)(2)(B) with respect to a violation of a provision of law enforced by the Commission, the Commission may seek, and the court may order, disgorgement of any unjust enrichment that a person, partnership, or corporation obtained as a result of that violation. (B) Calculation Any disgorgement that is ordered with respect to a person, partnership, or corporation under subparagraph (A) shall be offset by any amount of restitution that the person, partnership, or corporation is ordered to pay under paragraph (1). (C) Limitations period Disgorgement under this paragraph shall be limited to any unjust enrichment a person, partnership, or corporation obtained in the 10 years preceding the filing of the Commission’s suit under subsection (b)(2)(B) with respect to the violation that resulted in such unjust enrichment. (3) Calculation of limitations periods For purposes of calculating any limitations period with respect to a claim for relief under paragraph (1) or a disgorgement order under paragraph (2), any time in which a person, partnership, or corporation against which such relief or order is sought is outside the United States shall not be counted for purposes of calculating such period. . (b) Conforming and technical amendments Section 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (1) in subparagraph (A), by striking (relating to injunctive relief) ; (2) in subparagraph (B), by striking (relating to consumer redress) ; and (3) in subparagraph (D), by striking subpena and inserting subpoena . (c) Applicability The amendments made by this section shall apply with respect to any action or proceeding that is commenced on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4145is/xml/BILLS-117s4145is.xml |
117-s-4146 | II 117th CONGRESS 2d Session S. 4146 IN THE SENATE OF THE UNITED STATES May 4, 2022 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 40, United States Code, to grant the Supreme Court of the United States security-related authorities equivalent to the legislative and executive branches.
1. Short title This Act may be cited as the Supreme Court Police Parity Act of 2022 . 2. Authority to protect family members Section 6121(a)(2) of title 40, United States Code, is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by adding and after the semicolon; and (3) by adding at the end the following: (C) any member of the immediate family of the Chief Justice, any Associate Justice, or any officer of the Supreme Court if the Marshal determines such protection is necessary. . 3. Performance of duties Section 6121 of title 40, United States Code, is amended by adding at the end the following: (c) Obstruction of the Supreme Court Police Whoever knowingly and willfully obstructs, resists, or interferes with a member of the Supreme Court Police engaged in the performance of the protective functions authorized by this section, shall be fined not more than $300, imprisoned not more than 1 year, or both. . | https://www.govinfo.gov/content/pkg/BILLS-117s4146is/xml/BILLS-117s4146is.xml |
117-s-4147 | II 117th CONGRESS 2d Session S. 4147 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Tuberville introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the Secretary of Labor from constraining the range or type of investments that may be offered to participants and beneficiaries of individual retirement accounts who exercise control over the assets in such accounts.
1. Short title This Act may be cited as the Financial Freedom Act of 2022 . 2. Fiduciary duties with respect to pension plan investments Section 404(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a) ) is amended by adding at the end the following: (3) (A) In the case of a pension plan that provides for individual accounts and permits a participant or beneficiary to exercise control over the assets in the participant's or beneficiary's account, nothing in paragraph (1)— (i) requires a fiduciary to select, or prohibits a fiduciary from selecting, any particular type of investment alternative, provided that a fiduciary provides the participant or beneficiary an opportunity to choose, from a broad range of investment alternatives, the manner in which some or all of the assets of the participant's or beneficiary's account are invested, according to regulations prescribed by the Secretary; or (ii) requires that any particular type of investment be either favored or disfavored, other than on the basis of the investment’s risk-return characteristics, in the context of the plan fiduciary’s objective of providing investment alternatives suitable for providing benefits for participants and beneficiaries. (B) In the event that a fiduciary selects a self-directed brokerage window as an investment alternative for a plan described in subparagraph (A)— (i) the Secretary shall not issue any regulations or subregulatory guidance constraining or prohibiting the range or type of investments that may be offered through such brokerage window; (ii) subsection (c) shall apply to such self-directed brokerage window; and (iii) the diversification requirement of paragraph (1)(C) and the prudence requirement of paragraph (1)(B) are not violated by the fiduciary’s selection of a self-directed brokerage window as an investment alternative or as a result of the exercise of a participant or beneficiary’s control over the assets in such self-directed brokerage window. . | https://www.govinfo.gov/content/pkg/BILLS-117s4147is/xml/BILLS-117s4147is.xml |
117-s-4148 | II 117th CONGRESS 2d Session S. 4148 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Reed 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 complete and publish a study and develop a plan relating to the ability of the electric system to meet the electricity demand of new electric vehicle charging infrastructure, and for other purposes.
1. Short title This Act may be cited as the Electric Vehicle Grid Readiness, Improvement, and Development Act or the EV GRID Act . 2. Study and plan relating to the ability of the electric system to meet the electricity demand of new electric vehicle charging infrastructure (a) Definitions In this section: (1) Electric vehicle charging infrastructure The term electric vehicle charging infrastructure means the charging infrastructure necessary to support light-duty, medium-duty, and heavy-duty on-road electric vehicles, including charging infrastructure that is located at a workplace, recreational destination, vehicle corridor, home, or depot. (2) President’s greenhouse gas reduction target The term President’s greenhouse gas reduction target means the target, established by the President, of reducing greenhouse gas pollution by 50 to 52 percent from 2005 levels by 2030. (3) Secretary The term Secretary means the Secretary of Energy. (4) Study The term Study means the study completed and published under subsection (b)(1). (b) Study (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall complete, and publish on the website of the Department of Energy, a study that assesses the ability of the electric system to meet the electricity demand of electric vehicle charging infrastructure that is installed on or after that date of enactment. (2) Requirements The Study shall— (A) include an estimate of— (i) the growth in the use of electric vehicles that is necessary to meet the President’s greenhouse gas reduction target; (ii) the additional electric generation, transmission, and distribution capacity that will need to be added to the electric system to meet the electricity demand of electric vehicle charging infrastructure that is installed on or after the date of enactment of this Act; and (iii) how the electricity demand described in clause (ii) will vary by— (I) geography; (II) population density; (III) vehicle-grid interaction scenario; and (IV) time of day at which the electric vehicle charging infrastructure is used; and (B) identify geographic areas in which greater investment in the electric system is necessary to meet the electricity demand of electric vehicle charging infrastructure installed on or after the date of enactment of this Act in those geographic areas. (c) Plan and recommendations Not later than 90 days after the date on which the Study is published under subsection (b)(1), the Secretary, in coordination with the Building a Better Grid Initiative of the Office of Electricity and the Vehicle Technologies Office of the Office of Energy Efficiency and Renewable Energy, shall— (1) develop a plan, based on the Study, for how the Department of Energy may assist the electric system with meeting the increase in the demand for electricity estimated in the Study; and (2) provide to Congress recommendations for legislation that would support the Department of Energy in assisting the electric system as described in paragraph (1). (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $4,000,000 for fiscal year 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s4148is/xml/BILLS-117s4148is.xml |
117-s-4149 | II 117th CONGRESS 2d Session S. 4149 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To ensure that the background check system used for firearms purchases denies a firearm to a person prohibited from possessing a firearm by a lawful court order governing the pretrial release of the person.
1. Short title This Act may be cited as the Preventing Pretrial Gun Purchases Act . 2. Amendments to the Gun Control Act of 1968 (a) Section 921 Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) The term pretrial release order means an order of a Federal, State, tribal, or local court that governs the release of an arrested person pending the trial of the person for a crime. . (b) Section 922 Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8), by striking or at the end; (B) in paragraph (9), by striking the period and inserting ; or ; and (C) by inserting after paragraph (9) the following: (10) is subject to a pretrial release order that prohibits the person from purchasing, possessing, or receiving firearms. ; and (2) in subsection (t)— (A) in paragraph (1)(B)(ii), by striking receipt of a firearm and all that follows through section and inserting knowing sale or disposition of a firearm by the licensee to such other person or the receipt of a firearm by such other person would violate subsection (d), (g), or (n) of this section ; (B) in paragraph (2), by striking receipt and all that follows through (n) and inserting the knowing sale or disposition of a firearm to the person or the receipt of a firearm by the person would not violate subsection (d), (g), or (n) ; (C) in paragraph (3)(A)(ii), by striking that possession and inserting that knowing sale or disposition of a firearm by a licensee to such other person or possession ; (D) in paragraph (4), by striking receipt and all that follows through (n) and inserting knowing sale or disposition of a firearm by a licensee to such other person or the receipt of a firearm by such other person would violate subsection (d), (g), or (n) ; and (E) in paragraph (5), by striking receipt and all that follows through (n) and inserting knowing sale or disposition of a firearm by a licensee to such other person or receipt of a firearm by such other person would violate subsection (d), (g), or (n) . 3. Conforming amendments (a) Section 923 Section 923(d)(1)(B) of title 18, United States Code, is amended by striking under section 922(g) and (n) of this chapter and inserting by subsection (g) or (n) of section 922 and is not a person to whom the knowing sale or disposition of any firearm or ammunition is prohibited by section 922(d) . (b) Section 925A Section 925A(2) of title 18, United States Code, is amended by inserting and to whom the knowing sale or disposition of a firearm was not prohibited by subsection (d) of that section or State law before the comma. (c) Brady Handgun Violence Prevention Act Section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) is amended— (1) in subsection (e)(1)— (A) in subparagraph (A), by striking for whom receipt and all that follows through (g) and inserting to whom the knowing sale or disposition of or for whom receipt of a firearm would violate subsection (d), (g), ; (B) in subparagraph (C), by striking (g) and inserting (d), (g), ; (C) in subparagraph (F)(iii)(I), by striking (g) or (n) and inserting (d), (g), or (n) ; and (D) in subparagraph (G)(i), by striking (g) or (n) and inserting (d), (g), or (n) ; (2) in subsection (g), by striking receipt of a firearm by a prospective transferee would violate subsection (g) or (n) and inserting the knowing sale or disposition of a firearm to or receipt of a firearm by a prospective transferee would violate subsection (d), (g), or (n) ; and (3) in subsection (i)(2), by striking all that follows after respect to persons, and inserting to whom the knowing sale or disposition of, or for whom receipt of, a firearm is prohibited by subsection (d), (g), or (n) of section 922 of title 18, United States Code, or State law. . (d) NICS Improvement Amendments Act of 2007 Title I of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40911 et seq. ) is amended— (1) in section 101(b) ( 34 U.S.C. 40911(b) )— (A) in paragraph (1)(A), by striking a person is disqualified from possessing or receiving a firearm under subsection (g) and inserting the knowing sale or disposition of a firearm to a person or receipt of a firearm by a person is prohibited by subsection (d), (g), ; and (B) in paragraph (2)(A)— (i) by striking after the and inserting after a court martial imposes a pretrial release order or the ; and (ii) by striking a member of the Armed Forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection (g) or (n) and inserting the knowing sale or disposition of a firearm to or receipt of a firearm by a member of the Armed Forces is prohibited by subsection (d), (g), or (n) ; and (2) in section 102 ( 34 U.S.C. 40912 )— (A) in subsection (b)(3), by striking are prohibited from possessing or receiving a firearm under subsection (g) and inserting are described in one of the categories under subsection (d), (g), ; and (B) in subsection (c)(1)(A), by inserting the knowing sale or disposition of a firearm to a person would be prohibited under subsection (d) of section 922 of title 18, United States Code, or applicable State law or whether after determination of whether . 4. Funds for States that report pretrial orders restricting firearm possession to NICS (a) Definition In this section, the term covered pretrial release order means an order of a State, Tribal, or local court that governs the release of an arrested individual pending the trial of the individual for a crime, and which prohibits the individual from possessing a firearm or ammunition (as such terms are defined in section 921 of title 18, United States Code). (b) Authorization The Attorney General may make grants to States and Indian Tribes for the purpose of reporting information about covered pretrial release orders to the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ). (c) Applications The chief executive of a State or Indian Tribe seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. (d) Clarification Grants made under this section shall be in addition to any amount that a State or Indian Tribe receives under section 302(c)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10132(c)(19) ) (commonly referred to as the National Criminal History Improvement Program ) or section 103 of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40913 ) (commonly referred to as the NICS Act Record Improvement Program ). (e) Authorization of appropriations There is authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4149is/xml/BILLS-117s4149is.xml |
117-s-4150 | II 117th CONGRESS 2d Session S. 4150 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Cornyn (for himself, Mr. Leahy , Mr. Cotton , Ms. Cortez Masto , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To allow Federal law enforcement officers to purchase retired service weapons, and for other purposes.
1. Short title This Act may be cited as the Federal Law Enforcement Service Weapon Purchase Act . 2. Purchase of retired handguns by Federal law enforcement officers (a) Definitions In this section: (1) the term Federal law enforcement officer has the meaning given that term in section 115(c)(1) of title 18, United States Code; (2) the term handgun has the meaning given that term in section 921(a) of title 18, United States Code; and (3) the term retired handgun means any handgun that has been declared surplus by the applicable agency. (b) Authorization A Federal law enforcement officer may purchase a retired handgun from the Federal agency that issued the handgun to such officer. (c) Limitations A Federal law enforcement officer may purchase a retired handgun under subsection (b) if— (1) the purchase is made during the 6-month period beginning on the date the handgun was so retired; and (2) the officer is not prohibited from possessing or receiving the handgun under the laws of the United States or the laws of the State, territory, or possession of the United States in which the officer resides. (d) Cost A handgun purchased under this section shall be sold at the fair market value for such handgun taking into account the age and condition of the handgun. (e) Policy guidance The Administrator of General Services shall develop policies to facilitate the sale and disposition of eligible handguns under this section consistent with section 922 of title 18, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4150is/xml/BILLS-117s4150is.xml |
117-s-4151 | II 117th CONGRESS 2d Session S. 4151 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Grassley (for himself, Mrs. Feinstein , Mr. Cornyn , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to prohibit certain acts related to fentanyl, analogues of fentanyl, and counterfeit substances, and for other purposes.
1. Short title This Act may be cited as the Stop Pills That Kill Act . 2. Definition In this Act, the term counterfeit fentanyl or methamphetamine substance means a substance that— (1) contains fentanyl, any analogue of fentanyl, or methamphetamine; and (2) is marketed, sold, or falsely bears the trademark, trade name, or other identifying mark, imprint, number, or any likeness thereof of another product. 3. Prohibited acts Section 403(d)(2) of the Controlled Substances Act ( 21 U.S.C. 843(d)(2) ) is amended, in the matter preceding subparagraph (A), by inserting , fentanyl, an analogue of fentanyl, or a counterfeit substance after methamphetamine . 4. Directive to the United States Sentencing Commission The United States Sentencing Commission shall review and amend, if appropriate, the sentencing guidelines in accordance with section 994 of title 28, United States Code, to provide for a 4-level enhancement for a defendant who knowingly misrepresented as either a prescription or over-the-counter medication in pill or tablet form a counterfeit or otherwise adulterated pill or tablet that contained a detectable amount of fentanyl, or a fentanyl analogue, or methamphetamine. 5. Comprehensive plan Not later than 180 days after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall establish and implement an operation and response plan to address counterfeit fentanyl or methamphetamine substances that includes— (1) strategies to enable and empower Federal law enforcement efforts to investigate and seize counterfeit fentanyl or methamphetamine substances; (2) specific ways that education and prevention efforts to stop the use of counterfeit fentanyl or methamphetamine substances will be increased, including how— (A) ongoing efforts, such as Operation Engage, are effective in increasing education and prevention; and (B) how the efforts described in subparagraph (A) are tailored to youth and teen access; and (3) an audit of current campaigns, including the One Pill Can Kill campaign, on counterfeit fentanyl or methamphetamine substances, including a review of data and other available information on how such campaigns can be tailored, adjusted, or improved to better address the flow of counterfeit fentanyl or methamphetamine substances. 6. Report to Congress (a) Report Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General, in consultation with the Administrator of the Drug Enforcement Administration and Director of the Office of National Drug Control Policy, shall submit to Congress a report on information regarding the collection and prosecutions of counterfeit fentanyl or methamphetamine substances. (b) Contents The report required under subsection (a) shall include the following: (1) Data on the aggregate number of counterfeit fentanyl or methamphetamine substances seized and collected by Federal law enforcement agencies. (2) A breakdown on how many counterfeit fentanyl or methamphetamine substances are in pill form. (3) A breakdown on which illicit substances are present in the counterfeit fentanyl or methamphetamine substances that are in pill form. (4) Data outlining where and when counterfeit fentanyl or methamphetamine substances were seized. (5) Data on the charges filed against those manufacturing, distributing, or dispending, or possessing with the intent to distribute or dispense a counterfeit fentanyl or methamphetamine substance, particularly in pill form, pursuant to paragraph (1) or (2) of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ), unless disclosure of such data would require unsealing an indictment or would undermine investigations and charges brought by the Department of Justice. (6) Data on the convictions and sentences against those who are found guilty under paragraph (1) or (2) of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) as it pertains to counterfeit fentanyl or methamphetamine substances, particularly those in pill form. (7) Any prevention measures that the Department of Justice, Drug Enforcement Administration, or Office of National Drug Control Policy are undertaking to limit and reduce the spread of counterfeit fentanyl or methamphetamine substances in pill form, including ongoing public awareness campaigns. | https://www.govinfo.gov/content/pkg/BILLS-117s4151is/xml/BILLS-117s4151is.xml |
117-s-4152 | II 117th CONGRESS 2d Session S. 4152 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Kelly (for himself, Ms. Collins , 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 Federal Food, Drug, and Cosmetic Act to reauthorize the Critical Path Public-Private Partnerships.
1. Reauthorization of the Critical Path Public-Private Partnerships Section 566(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–5(f) ) is amended by striking $6,000,000 for each of fiscal years 2018 through 2022 and inserting $10,000,000 for each of fiscal years 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4152is/xml/BILLS-117s4152is.xml |
117-s-4153 | II 117th CONGRESS 2d Session S. 4153 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Hickenlooper 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 enhance the credit for small employer pension plan startup costs.
1. Short title This Act may be cited as the Incentivizing Small Business Retirement Savings Act . 2. Credits for employer contributions by certain eligible employers (a) In general Section 45E of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Additional credit for employer contributions by certain eligible employers (1) In general In the case of an eligible employer, the credit allowed for the taxable year under subsection (a) (determined without regard to this subsection, and after the application of subsection (b)) shall be increased by an amount equal to the applicable percentage of employer contributions (other than any elective deferrals (as defined in section 402(g)(3))) made by the employer to an eligible employer plan (other than a defined benefit plan (as defined in section 414(j))) for the taxable year. (2) Limitations (A) Dollar limitation The amount determined under paragraph (1) (before the application of subparagraph (B)) with respect to any employee of the employer shall not exceed $1,000. (B) Credit phase-out With respect to any taxable year, the $1,000 amount under subparagraph (A) shall be reduced by 2 percent for each employee by which the number of employees of the employer for the preceding taxable year exceeds 50. (C) Only non-highly compensated employees taken into account For purposes of paragraph (1), only contributions with respect to employees who are not highly compensated employee (as defined in section 414(q)) shall be taken into account. (3) Applicable percentage For purposes of this subsection, the applicable percentage is— (A) for the first credit year with respect to the employer for purposes of subsection (b) and the taxable year immediately following such first credit year, 100 percent, (B) for the 2nd taxable year following such first credit year, 75 percent, (C) for the 3rd taxable year following such first credit year, 50 percent, (D) for the 4th taxable year following such first credit year, 25 percent, and (E) zero percent thereafter. . (b) Disallowance of deduction Section 45E(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Disallowance of deduction No deduction shall be allowed— (A) for that portion of the qualified startup costs paid or incurred for the taxable year which is equal to so much of the portion of the credit determined under subsection (a) as is properly allocable to such costs, or (B) for that portion of the employer contributions made by the employer for the taxable year which is equal to so much of the credit increase determined under subsection (f) as is properly allocable to such contributions. . (c) 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-117s4153is/xml/BILLS-117s4153is.xml |
117-s-4154 | II 117th CONGRESS 2d Session S. 4154 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Hickenlooper (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide better access to retirement plans through small businesses.
1. Short title This Act may be cited as the Simplifying Small Business Retirement Savings Act . 2. Annual audit parity for group of plans Section 202(a) of the Setting Every Community Up for Retirement Enhancement Act of 2019 ( Public Law 116–94 ; 26 U.S.C. 6058 note) is amended— (1) by striking so that all members and inserting the following: “so that— (1) all members ; (2) by striking the period and inserting ; and ; and (3) by adding at the end the following: (2) any opinions required by section 103(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023(a)(3) ) shall relate only to each individual plan which would otherwise be subject to the requirements of such section 103(a)(3). . 3. Pooled employer plans modification Section 3(43)(B)(ii) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(43)(B)(ii) ) is amended to read as follows: (ii) designate a named fiduciary (other than an employer in the plan) to be responsible for collecting contributions to the plan and require such fiduciary to implement written contribution collection procedures that are reasonable, diligent, and systematic; . 4. Report on pooled employer plans The Secretary of Labor shall— (1) conduct a study on the pooled employer plan (as such term is defined in section 3(43) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(43) )) industry, including on— (A) the legal name and number of pooled employer plans; (B) the number of participants in such plans; (C) the range of investment options provided in such plans; (D) the fees assessed in such plans; (E) the manner in which employers select and monitor such plans; (F) the disclosures provided to participants in such plans; (G) the number and nature of any enforcement actions by the Secretary of Labor on such plans; (H) the extent to which such plans have increased retirement savings coverage in the United States; and (I) any additional information as the Secretary determines necessary; and (2) not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, submit to Congress and make available on a publicly accessible website of the Department of Labor, a report on the findings of the study under paragraph (1), including recommendations on how pooled employer plans can be improved, through legislation, to serve and protect retirement plan participants. | https://www.govinfo.gov/content/pkg/BILLS-117s4154is/xml/BILLS-117s4154is.xml |
117-s-4155 | II 117th CONGRESS 2d Session S. 4155 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Durbin (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to authorize extraterritorial jurisdiction.
1. Short title This Act may be cited as the Alien Tort Statute Clarification Act . 2. Findings Congress finds the following: (1) Since its founding, the United States has been a proponent of international law and a champion of universal human rights. Section 1350 of title 28, United States Code (referred to in this section as the Alien Tort Statute ), originally enacted as part of the Act entitled An Act to establish the judicial courts of the United States , approved September 24, 1789 (1 Stat. 73), continues to serve important purposes in providing remedies to victims of violations of international law and for holding perpetrators of human rights violations accountable. (2) Some international law violations have been addressed in part by other statutes. But the Alien Tort Statute remains an important tool for addressing international law violations. (3) Human rights abusers continue to seek refuge in the United States, including foreign government and military officials and leaders of death squads and other violent groups. This undermines the standing of the United States and its capacity to speak with authority on matters of human rights. (4) When corporations commit or aid and abet human rights violations directly and through their supply chains, they should be held accountable. Failing to do so erodes the foreign policy interests of the United States and the priorities of Congress. (5) Impunity for corporations who violate human rights unfairly disadvantages businesses that respect and uphold human rights. Companies that respect human rights should have a level playing field with companies that do not, such as those that would continue to do business in areas of the world known for mass atrocities or war crimes, including the Xinjiang region of the People's Republic of China or in the Russian Federation amidst the ongoing invasion of Ukraine. (6) In many countries where human rights abuses occur, victims are unable to obtain justice because of ongoing conflicts and violence, corruption, and inadequate rule of law. In many such cases, a suit under the Alien Tort Statute is the only option for redress and accountability. (7) The international law violations for which the Alien Tort Statute provides a remedy are universal and the Alien Tort Statute is a testament to the rule of law in the United States. (8) The Alien Tort Statute should be available against those responsible for human rights abuses whenever they are subject to personal jurisdiction in the United States, regardless of where the abuse occurred. 3. Extraterritorial jurisdiction Section 1350 of title 28, United State Code, is amended— (1) by inserting (a) In general .— before The district ; and (2) by adding at the end the following: (b) Extraterritorial jurisdiction In addition to any domestic or extraterritorial jurisdiction otherwise provided by law, the district courts of the United States have extraterritorial jurisdiction over any tort described in subsection (a) if— (1) an alleged defendant is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )); or (2) an alleged defendant is present in the United States, irrespective of the nationality of the alleged defendant. . | https://www.govinfo.gov/content/pkg/BILLS-117s4155is/xml/BILLS-117s4155is.xml |
117-s-4156 | II 117th CONGRESS 2d Session S. 4156 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Tester (for himself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To improve the workforce of the Department of Veterans Affairs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the VA Workforce Improvement, Support, and Expansion (WISE) Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Training, recruitment, and retention of health care employees Sec. 101. National rural recruitment and hiring plan for Veterans Health Administration. Sec. 102. Rural health quality and access fellowship program for Department of Veterans Affairs. Sec. 103. Authority to buy out service contracts for health care professionals in exchange for employment at rural or highly rural facilities of Department of Veterans Affairs. Sec. 104. Payment of licensure exam costs for recipients of scholarships from Department of Veterans Affairs. Sec. 105. Improvement of workforce training and team models to meet the needs of older veterans. Sec. 106. Qualifications for human resources positions within the Department of Veterans Affairs and plan to recruit and retain human resources employees. Sec. 107. Study on improving recruitment and retention at community living centers of Department of Veterans Affairs. Sec. 108. Limitation on transfer of directors of medical centers of Department of Veterans Affairs to different positions. TITLE II—Accountability, oversight, and personnel matters Subtitle A—Matters relating to pay Sec. 201. Increased pay cap for directors of medical centers and Veterans Integrated Service Networks of Department of Veterans Affairs. Sec. 202. Waiver of pay limitation for employees of the Veterans Health Administration performing mission critical work. Sec. 203. Elimination of performance pay elements for physicians, podiatrists, and dentists and elimination of total compensation cap. Sec. 204. Increase of maximum amount of incentive pay for Department pharmacist executives. Sec. 205. Elimination of pay cap for certain employees of Veterans Health Administration. Sec. 206. Modification of special pay authority for nurse executives. Subtitle B—Improvement of recruitment and hiring Sec. 211. Oversight of direct hire authority and hiring flexibility of Department of Veterans Affairs. Sec. 212. Expansion of emergency hiring authorities for Department of Veterans Affairs. Sec. 213. Waiver of certain licensure requirements. Sec. 214. Expansion of opportunities for housekeeping aides. Subtitle C—Other personnel matters Sec. 221. Expansion of annual leave options for employees of Department of Veterans Affairs during public health emergency. Sec. 222. Expansion of reimbursement of continuing professional education fees. Sec. 223. Inclusion of police officers of Department of Veterans Affairs as law enforcement officers. Sec. 224. Department of Veterans Affairs personnel transparency. Sec. 225. Comptroller General report assessing human resources modernization within Veterans Health Administration. TITLE III—Assistance with National emergencies Sec. 301. Update of web portal to identify veterans who had medical occupations as members of the Armed Forces. Sec. 302. Program on provision to States of information on veterans with medical skills obtained during service in the Armed Forces. Sec. 303. Program on training of intermediate care technicians of Department of Veterans Affairs. Sec. 304. Notification of opportunities for veterans. I Training, recruitment, and retention of health care employees 101. National rural recruitment and hiring plan for Veterans Health Administration (a) In general Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the directors of each community-based outpatient clinic and medical center of the Department of Veterans Affairs, shall develop and implement a national rural recruitment and hiring plan for the Veterans Health Administration to— (1) recruit health care professionals for rural and highly rural community-based outpatient clinics and rural and highly rural medical centers of the Department; (2) determine which such clinics or centers have a staffing shortage of health care professionals; (3) develop best practices and techniques for recruiting health care professionals for such clinics and centers; (4) not less frequently than annually, provide virtually based, on-demand training to human resources professionals of the Veterans Health Administration on the best practices and techniques developed under paragraph (3); and (5) provide recruitment resources, such as pamphlets and marketing material to— (A) Veterans Integrated Service Networks of the Department; (B) rural and highly rural community-based outpatient clinics of the Department; and (C) rural and highly rural medical centers of the Department. (b) Annual report Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes— (1) the plan developed and implemented under subsection (a); and (2) an assessment of the outcomes related to recruitment and retention of employees of the Veterans Health Administration at rural and highly rural facilities of the Department. (c) Definitions In this section, the terms rural and highly rural have the meanings given those terms under the rural-urban commuting areas coding system of the Department of Agriculture. 102. Rural health quality and access fellowship program for Department of Veterans Affairs (a) In general Section 7302 of title 38, United States Code, is amended by adding at the end the following new subsection: (f) (1) In carrying out this section, the Secretary shall establish a fellowship program, to be known as the Rural Health Quality and Access Fellowship program, to provide fellowships to health care professionals at the post-graduate level who serve on a short-term basis as post-graduate health professions trainees at a rural or highly rural community-based outpatient clinic or rural or highly rural medical center of the Department. (2) Not less frequently than annually, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the program under paragraph (1). (3) In this subsection: (A) The term health care professional means an individual who qualifies as an appointee under section 7402 of this title. (B) The terms rural and highly rural have the meanings given those terms under the rural-urban commuting areas coding system of the Department of Agriculture. . (b) Initial report The Secretary of Veterans Affairs shall submit the initial report required under section 7302(f)(2) of title 38, United States Code, as added by subsection (a), not later than 18 months after the date of the enactment of this Act. 103. Authority to buy out service contracts for health care professionals in exchange for employment at rural or highly rural facilities of Department of Veterans Affairs (a) In general For any covered health care professional to whom the Secretary of Veterans Affairs has offered employment with the Department of Veterans Affairs, the Secretary may buy out the non-Department service contract of such individual in exchange for such individual agreeing to be employed at a rural or highly rural facility of the Department for a period of obligated service specified in subsection (c). (b) Payment of amounts Payment of any amounts for a buy out of a service contract for a covered health care professional under subsection (a) shall be made directly to the individual or entity with respect to which the covered health care professional has a service obligation under such contract. (c) Obligated service In exchange for a contract buy out under subsection (a), a covered health care professional shall agree to be employed for not less than four years at a rural or highly rural facility of the Department. (d) Liability (1) In general Except as provided in paragraph (2), if a covered health care professional fails for any reason to complete the period of obligated service of the individual under subsection (c), the United States shall be entitled to recover from the individual an amount equal to— (A) the total amount paid under subsection (a) to buy out the non-Department service contract of the individual; multiplied by (B) a fraction— (i) the numerator of which is— (I) the total number of months in the period of obligated service of the individual; minus (II) the number of months served by the individual; and (ii) the denominator of which is the total number of months in the period of obligated service of the individual. (2) Exception Liability shall not arise under paragraph (1) in the case of an individual covered by that paragraph if the individual does not obtain, or fails to maintain, employment as an employee of the Department due to staffing changes approved by the Under Secretary for Health. (e) Not a taxable benefit A contract buy out for a covered health care professional under subsection (a) shall not be considered a taxable benefit or event for the covered health care professional. (f) Annual report Not later than 18 months after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the use by the Secretary of the authority under this section. (g) Definitions In this section: (1) Covered health care professional The term covered health care professional means a health care professional offered employment with the Veterans Health Administration under— (A) section 7401 of title 38, United States Code; or (B) title 5, United States Code. (2) Rural; highly rural The terms rural and highly rural have the meanings given those terms under the rural-urban commuting areas coding system of the Department of Agriculture. 104. Payment of licensure exam costs for recipients of scholarships from Department of Veterans Affairs (a) In general The Secretary of Veterans Affairs shall pay the costs of any licensing examinations and certifications required by the Secretary for any current recipient of a covered health professional scholarship from the Department of Veterans Affairs. (b) Licensing examinations and certifications Subsection (a) shall apply to the payment of costs for— (1) the United States Medical Licensing Examination Step 1, Step 2, and Step 3; (2) the National Council Licensure Exam; (3) the National Board Dental Examination; (4) the National Board Dental Hygiene Examination; (5) the Dental Licensure Objective Structured Clinical Examination and Integrated National Board Dental Examination; (6) the National Licensing Exams for Nurse Practitioner and Certified Registered Nurse Anesthetist; and (7) such other licensing examinations and certifications as the Secretary considers appropriate. (c) Covered health professional scholarship defined In this section, the term covered health professional scholarship means— (1) the Department of Veterans Affairs Health Professional Scholarship Program under subchapter II of chapter 76 of title 38, United States Code; (2) the Department of Veterans Affairs Employee Incentive Scholarship Program under subchapter VI of such chapter, including— (A) the National Nursing Education Initiative; and (B) the VA National Education for Employees Program; (3) the Visual Impairment and Orientation and Mobility Professionals Scholarship Program under chapter 75 of such title; (4) the Veterans Healing Veterans Medical Access and Scholarship Program under section 304 of the VA MISSION Act of 2018 ( Public Law 115–182 ; 38 U.S.C. 7601 note); and (5) such other programs as the Secretary considers appropriate. 105. Improvement of workforce training and team models to meet the needs of older veterans (a) Rural geriatrics team training The Secretary of Veterans Affairs shall expand the Rural Interdisciplinary Team Training program of the Department of Veterans Affairs to not fewer than one rural site in each Veterans Integrated Service Network of the Department and ensure access at such sites to learning opportunities through the Geriatric Scholars Program of the Department. (b) Expansion of fellowship in advanced geriatrics The Secretary shall expand the Fellowship in Advanced Geriatrics program of the Department to ensure that a fellowship position is required to be provided under such program in each Geriatric Research, Education, and Clinical Center of the Department. (c) Training on caring for veterans with memory loss (1) In general The Secretary shall provide continuing professional education for primary care providers, community living center staff, geriatrics and extended care staff, home health workers, and social workers of the Department on caring for veterans with Alzheimer’s disease and dementia. (2) Implementation The Secretary shall implement the continuing professional education required under paragraph (1) in consultation with the Office of Rural Health of the Department of Veterans Affairs established under section 7308 of title 38, United States Code, in order to ensure equitable access to learning opportunities for employees of the Department in rural and highly rural areas. (d) Expansion of Geriatric Patient Aligned Care Team model (1) In general The Secretary shall expand the Geriatrics Patient Aligned Care Team model of the Department of Veterans Affairs— (A) to every medical center of the Department; and (B) to any community-based outpatient clinic at which such expansion is determined by the Secretary to be feasible and needed. (2) Waiver of expansion to medical centers The Secretary may waive the application of the requirements under paragraph (1)(A) with respect to a medical center if the Secretary determines that the medical center does not have the capacity or need to implement a Geriatrics Patient Aligned Care Team model. (3) Study The Secretary shall conduct a study on the variations in the structure and model consistency of the Geriatrics Patient Aligned Care Team model throughout the Department and how those variations impact quality of care and patient outcomes. (e) Report to Congress (1) In general Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter for the following five years, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of this section. (2) Inclusion of information on waivers The Secretary shall include in the report required by paragraph (1) an identification of any medical center of the Department in receipt of a waiver under subsection (d)(2) and the reason for the waiver. (f) Definitions In this section, the terms rural and highly rural have the meanings given those terms under the rural-urban commuting areas coding system of the Department of Agriculture. 106. Qualifications for human resources positions within the Department of Veterans Affairs and plan to recruit and retain human resources employees (a) Establishment of qualifications Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) establish qualifications for each human resources position within the Department of Veterans Affairs in coordination with the Office of Personnel Management; (2) establish standardized performance metrics for each such position; and (3) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing the qualifications and standardized performance metrics established under paragraphs (1) and (2). (b) Improvement of human resources actions Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish or enhance systems of the Department to monitor the hiring and other human resources actions that occur at the local, regional, and national levels of the Department to improve the performance of those actions. (c) Report Not later than one year after the establishment of the qualifications and performance metrics under subsection (a), the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing— (1) a description of the implementation of such qualifications and performance metrics; (2) an assessment of the quality of such qualifications and performance metrics; (3) an assessment of performance and outcomes based on such metrics; and (4) such other matters as the Comptroller General considers. (d) Plan To recruit and retain human resources employees Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a plan for the recruitment and retention of human resources employees within the Department of Veterans Affairs. 107. Study on improving recruitment and retention at community living centers of Department of Veterans Affairs (a) In general Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a study on barriers to hiring and retaining staff at community living centers of the Department of Veterans Affairs and best practices for improving recruitment and retention of such staff, with an emphasis on nursing staff. (b) Report to Congress Not later than 180 days after completion of the study under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report— (1) summarizing key findings with respect to barriers to hiring and retaining staff at community living centers of the Department and best practices for improving recruitment and retention of such staff, including any barriers or best practices specific to rural areas; and (2) including recommendations for such administrative action as the Secretary considers appropriate. 108. Limitation on transfer of directors of medical centers of Department of Veterans Affairs to different positions (a) Notification Not later than 90 days after transferring a director of a medical center of the Department of Veterans Affairs to a different position within the Department, the Secretary of Veterans Affairs shall notify the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of such transfer. (b) Return to position or removal Not later than 180 days after transferring a director of a medical center of the Department of Veterans Affairs to a different position within the Department, the Secretary shall— (1) return the individual to the position as director of the medical center; or (2) remove the individual from the position as director of the medical center and begin the process of hiring a new director for such position. II Accountability, oversight, and personnel matters A Matters relating to pay 201. Increased pay cap for directors of medical centers and Veterans Integrated Service Networks of Department of Veterans Affairs (a) Increased pay cap (1) In general Subchapter III of chapter 74 of title 38, United States Code, is amended by adding at the end the following new section: 7434. Pay for directors of medical centers and directors of Veterans Integrated Service Networks (a) Performance management The Secretary shall prescribe a performance management and awards system for employees appointed under section 7401(4) of this title that ensures performance ratings and awards meaningfully differentiate extraordinary from satisfactory contributions and substantively reflect organizational achievements over which the employee has responsibility and control. (b) Market rate of pay (1) The annual amount of the market rate of pay for an employee appointed under section 7401(4) of this title— (A) shall be determined by the Secretary on a case-by-case basis; and (B) shall take into account— (i) the level of experience of the employee in managing facilities or programs of the Department or other similar agencies or companies, whether governmental or nongovernmental; (ii) the complexity of the assignment of the employee, whether assigned or to be assigned; (iii) the labor market for individuals in similar positions, which may cover any geographic area the Secretary considers appropriate; (iv) the experience of the employee in performing the assignment of the employee, whether assigned or to be assigned; and (v) such other considerations as the Secretary considers appropriate. (2) Market rate of pay provided under this subsection shall reflect the recruitment and retention needs of the Department for the assignment of a particular director in a facility or network of the Department. (3) (A) The market rate of pay provided under this subsection shall be evaluated by the Secretary not less frequently than once every two years. (B) The market rate of pay of an employee may be adjusted as the result of an evaluation under subparagraph (A). (C) An employee whose market rate of pay is evaluated under subparagraph (A) shall receive written notice of the results of such evaluation. (c) Requirements and limitations on total pay (1) Not less frequently than once every two years, the Secretary shall prescribe for applicability throughout the Department the minimum and maximum amounts for a market rate of pay that may be paid under subsection (b). (2) Amounts prescribed under paragraph (1) shall be published in the Federal Register and shall take effect not earlier than 60 days after the date of publication. (3) In no case may the total market rate of pay provided under subsection (b) exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3. (4) No adjustment of the market rate of pay under subsection (b)(3)(B) may result in a reduction of the amount of the market rate of pay of a director while in the same position or assignment at the same location. (d) Treatment of pay (1) Pay under subsection (b) shall be considered pay for all purposes, including retirement benefits under chapters 83 and 84 of title 5 and other benefits. (2) An individual receiving pay under subsection (b) may not receive a cost-of-living allowance under section 5941 of title 5. (e) Annual report Not later than one year after the date of the VA Workforce Improvement, Support, and Expansion (WISE) Act of 2022 , and annually thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation by the Secretary of the requirements under this section. . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 7433 the following new item: 7434. Pay for directors of medical centers and directors of Veterans Integrated Service Networks. . (b) Conforming amendments Section 7404(a)(1) of title 38, United States Code, is amended— (1) in subparagraph (A)— (A) by striking (A) The annual and inserting The annual ; and (B) by striking and 7401(4) ; and (2) by striking subparagraph (B). 202. Waiver of pay limitation for employees of the Veterans Health Administration performing mission critical work (a) In general Subchapter I of chapter 74 of title 38, United States Code, is amended by adding at the end the following new section: 7414. Waiver of pay limitation for employees performing mission critical work (a) In general Notwithstanding any other provision of law, the Secretary may waive any limitation on pay for an employee of the Veterans Health Administration who is performing mission critical work. (b) Authority The Secretary shall prescribe regulations for the administration of this section. (c) Employee of the Veterans Health Administration defined In this section, the term ‘ employee of the Veterans Health Administration includes any employee of the Veterans Health Administration, regardless of the authority under which the employee was hired. . (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 7413 the following new item: 7414. Waiver of pay limitation for employees performing mission critical work. . 203. Elimination of performance pay elements for physicians, podiatrists, and dentists and elimination of total compensation cap Section 7431 of title 38, United States Code, is amended— (1) by striking subsection (a)(1); (2) by striking subsection (d); (3) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively; (4) in subsection (d), as redesignated by paragraph (3), by striking paragraph (4); and (5) in subsection (g), as redesignated by paragraph (3), by striking responsibility of the Secretary under subsection (c), (d), or (e) except for the responsibilities of the Secretary under subsection (e)(1) and inserting responsibility of the Secretary under subsection (c) or (d) except for the responsibilities of the Secretary under subsection (d)(1) . 204. Increase of maximum amount of incentive pay for Department pharmacist executives Section 7410(b)(1) of title 38, United States Code, is amended by striking $40,000 and inserting $75,000 . 205. Elimination of pay cap for certain employees of Veterans Health Administration Section 7455(c) of title 38, United States Code, is amended— (1) in paragraph (1), by striking (1) Subject to paragraph (2), the amount and inserting The amount ; and (2) by striking paragraph (2). 206. Modification of special pay authority for nurse executives Section 7452(g) of title 38, United States Code, is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting authorize the Under Secretary for Health to before pay special pay ; and (2) by adding at the end the following new paragraph: (5) The Under Secretary for Health shall define through regulations which positions of the Veterans Health Administration qualify as nurse executives for purposes of special pay under paragraph (1). . B Improvement of recruitment and hiring 211. Oversight of direct hire authority and hiring flexibility of Department of Veterans Affairs Not later than two years after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall conduct a study and publish a report on— (1) the use of direct hire authority by the Department; (2) the contributions made by the use of such authority to filling vacancies within the Department; and (3) any vulnerabilities or inconsistencies with respect to the use of such authority. 212. Expansion of emergency hiring authorities for Department of Veterans Affairs Section 7405 of title 38, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (2), in the matter preceding subparagraph (A), by striking A temporary and inserting Except as provided in paragraph (5), a temporary ; and (B) by adding at the end the following new paragraph: (5) During a public health emergency, national emergency, domestic emergency, or other emergency as determined by the Secretary, appointments under paragraph (2) may be extended by the Secretary for additional one-year periods. ; and (2) by adding at the end the following: (h) (1) If the Secretary declares an emergency or crisis of veteran care or other operational impediment that the Secretary determines will cause significant disruption to veteran care or the Secretary identifies a significant need to employ personnel on a temporary basis in response to a national emergency declared under any provision of law, the Secretary may employ personnel under subsection (a)(1) to support the emergency, crisis, or impediment. (2) The Secretary shall submit to Congress in writing any declaration or identification made by the Secretary under paragraph (1), which shall include an identification of the approximate end date of the emergency, crisis, or impediment. (3) The authority to employ personnel under this subsection shall continue throughout the period covered by the declaration concerned. (4) Personnel in positions of a confidential or policy-determining character are excluded from employment under this subsection. . 213. Waiver of certain licensure requirements (a) Psychologists Paragraph (8)(C) of section 7402(b) of title 38, United States Code, is amended— (1) by striking individual psychologist for a period and inserting “individual psychologist— (i) for a period ; (2) by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new clause: (ii) for a reasonable period recommended by the Under Secretary for Health, not to exceed four years, during a public health emergency declared by the President, the Secretary of Health and Human Services, or such other authority as specified by the Secretary. . (b) Licensed professional mental health counselor Paragraph (11)(B) of such section is amended by striking the period at the end and inserting “, except that the Secretary may waive the requirement of licensure or certification for an individual professional mental health counselor to permit a reasonable period of time for the counselor to be licensed or certified, as the case may be, on the condition that the counselor— (i) provide patient care only under the direct supervision of a licensed mental health provider; and (ii) work toward such licensure or certification, as the case may be. . 214. Expansion of opportunities for housekeeping aides Section 3310 of title 5, United States Code, is amended by inserting (other than for positions of housekeeping aides in the Department of Veterans Affairs) after competitive service . C Other personnel matters 221. Expansion of annual leave options for employees of Department of Veterans Affairs during public health emergency (a) In general Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall waive all annual leave ceilings for employees of the Department of Veterans Affairs during the period beginning on January 1, 2022, and ending on December 31, 2026, allowing all unused, accrued annual leave to be carried over from any year in the period to any subsequent year in the period. (b) Leave in excess of ceiling At the end of December 31, 2026, all unused, accrued annual leave in excess of the ceiling pursuant to subsection (a) shall be forfeited. 222. Expansion of reimbursement of continuing professional education fees Section 7411 of title 38, United States Code, is amended by striking physician or dentist and inserting physician, board-certified dentist, advanced practice registered nurse, or physician assistant . 223. Inclusion of police officers of Department of Veterans Affairs as law enforcement officers Title 5, United States Code, is amended— (1) in section 8331(20), by inserting and an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38 after supervisory or administrative position ; and (2) in section 8401(17)— (A) in subparagraph (C), by striking and at the end; (B) in the flush text following subparagraph (D)(iii), by adding and at the end; and (C) by adding at the end the following: (E) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38; . 224. Department of Veterans Affairs personnel transparency (a) Publication of staffing and vacancies (1) Website required Subject to paragraph (2) and not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall make publicly available on an internet website of the Department of Veterans Affairs the following information: (A) The number of personnel encumbering positions. (B) The number of accessions and separation actions processed during the quarter preceding the date of the publication of the information. (C) The number of vacancies, by occupation. (D) The number of vacancies removed. (E) The percentage of new hires for the Department who were hired within the time-to-hire target of the Office of Personnel Management, disaggregated by internal hires and external hires. (2) Exceptions The Secretary may withhold from publication under paragraph (1) information relating to law enforcement, information security, or such positions in the Department that the Secretary determines to be sensitive. (3) Update of information The Secretary shall update the information on the website required under paragraph (1) on a quarterly basis. (4) Treatment of contractor positions Any Department position that is filled with a contractor may not be treated as a Department position for purposes of the information required to be published under paragraph (1). (5) Inspector General review On a semiannual basis, the Inspector General of the Department shall review the administration of the website required by paragraph (1) and make recommendations relating to the improvement of such administration. (b) Report to Congress (1) In general Each year, the Secretary shall submit to Congress an annual report on the actions the Department is taking to achieve full staffing capacity. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) An estimate of the amount of additional funds necessary to enable the Department to reach full staffing capacity. (B) Such recommendations for legislative or administrative action as the Secretary may have to achieve full staffing capacity at the Department. 225. Comptroller General report assessing human resources modernization within Veterans Health Administration (a) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on human resources modernization conducted by the Veterans Health Administration (in this section referred to as the Administration ). (b) Elements The report required by subsection (a) shall include an assessment of the following: (1) The Human Resources Modernization Program (referred to in this subsection as the Program ) of the Administration, including an assessment of the activities carried out under the Program and the results of those activities. (2) The performance, accuracy, efficiency, and transparency of the human resources information technology systems of the Administration for human resources professionals, managers with hiring authority, and other employees of the Administration using those systems to recruit and retain the workforce of the Administration. (3) Metrics used to report hiring and vacancy data within the Administration, including recruitment, hiring, and retention data for mission critical occupations. (4) Trends in the hiring and vacancies among employees of the Administration with mission critical occupations, as determined by the Secretary of Veterans Affairs, during the five-year period preceding the date of the enactment of this Act. (5) The use by the Administration of hiring flexibilities, including direct hire authority, and waivers during the five-year period preceding the date of the enactment of this Act, including— (A) an assessment of the standardization of use of such authorities and waivers within Veterans Integrated Service Networks of the Department of Veterans Affairs; and (B) the number and employee category of employees of the Administration hired under each such authority or waiver. (6) Training and development of human resources professionals of the Administration, including— (A) feedback from managers with hiring authority; and (B) feedback on such training from individuals receiving the training and individuals providing the training. (7) Such other matters as the Comptroller General considers relevant. III Assistance with National emergencies 301. Update of web portal to identify veterans who had medical occupations as members of the Armed Forces (a) In general The Secretary of Veterans Affairs shall update existing web portals of the Department of Veterans Affairs to allow the identification of veterans who had a medical occupation as a member of the Armed Forces. (b) Information in portal (1) In general An update to a portal under subsection (a) shall allow a veteran to elect to provide the following information: (A) Contact information for the veteran. (B) A history of the medical experience and trained competencies of the veteran. (2) Inclusions in history To the extent practicable, histories provided under paragraph (1)(B) shall include individual critical task lists specific to military occupational specialties that align with existing standard occupational codes maintained by the Bureau of Labor Statistics. 302. Program on provision to States of information on veterans with medical skills obtained during service in the Armed Forces (a) In general For purposes of facilitating civilian medical credentialing and hiring opportunities for veterans seeking to respond to a national emergency, including a 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 ), the Secretary of Veterans Affairs, in coordination with the Secretary of Defense and the Secretary of Labor, shall establish a program to share information specified in section 301(b)(1) with the following: (1) State departments of veterans affairs. (2) State credentialing bodies. (3) State homes. (4) Other stakeholders involved in State-level credentialing, as determined appropriate by the Secretary of Veterans Affairs. (b) State home defined In this section, the term State home has the meaning given that term in section 101(19) of title 38, United States Code. 303. Program on training of intermediate care technicians of Department of Veterans Affairs (a) Establishment The Secretary of Veterans Affairs shall implement a program to train covered veterans to work as intermediate care technicians of the Department of Veterans Affairs. (b) Locations The Secretary may place an intermediate care technician trained under the program under subsection (a) at any medical center of the Department, giving priority to a location with a significant staffing shortage. (c) Inclusion of information in transition assistance program As part of the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code, the Secretary shall prepare a communications campaign to convey opportunities for training, certification, and employment under the program under subsection (a) to appropriate members of the Armed Forces separating from active duty. (d) Report on expansion of program Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on whether the program under this section could be replicated for other medical positions within the Department. (e) Covered veteran defined In this section, the term covered veteran means a veteran whom the Secretary determines served or is serving as an allied health professional (such as a combat medic, medical technician, corpsman, or basic health care technician) while serving in the Armed Forces. 304. Notification of opportunities for veterans (a) In general The Secretary of Veterans Affairs shall notify veterans service organizations, such other stakeholders as the Secretary considers appropriate, and, in coordination with the Secretary of Defense, members of the reserve components of the Armed Forces of opportunities for veterans under this title. (b) Veterans service organization defined In this section, the term veterans service organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4156is/xml/BILLS-117s4156is.xml |
117-s-4157 | II 117th CONGRESS 2d Session S. 4157 IN THE SENATE OF THE UNITED STATES May 5, 2022 Ms. Duckworth 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 the Interior, acting through the Director of the United States Fish and Wildlife Service, to promulgate regulations prohibiting the use of lead ammunition on all land and water under the jurisdiction and control of the United States Fish and Wildlife Service, and for other purposes.
1. Short title This Act may be cited as the Lead Endangers Animals Daily Act of 2022 or the LEAD Act of 2022 . 2. Findings Congress finds that— (1) in 1991, the United States Fish and Wildlife Service required the use of nontoxic ammunition for all waterfowl hunting; (2) research has shown that the presence of lead in the environment poses a threat to human and wildlife health; (3) the Environmental Protection Agency has determined that lead— (A) is toxic to humans and animals; and (B) can negatively affect nearly every organ and system in the human body, including the heart, bones, intestines, kidneys, and reproductive and nervous systems; (4) lead exposure interferes with the development of the nervous system and is therefore particularly toxic to children, causing potentially permanent learning and behavioral disorders; (5) lead is a potent neurotoxin, for which no safe exposure level exists for humans; (6) the use of lead has been outlawed in, and removed from, paint, gasoline, children’s toys, and many other items for the purpose of protecting human health and wildlife; (7) wildlife, including species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), is at risk of lead toxicosis through the ingestion of lead ammunition either— (A) directly, by ingesting lead from spent ballistic materials while foraging; or (B) indirectly, by scavenging carcasses and viscera left by hunters; (8) lead may pollute soil and water around outdoor shooting ranges; (9) lead ammunition endangers human food supplies; (10) dairy and beef cattle have developed lead poisoning after feeding in areas where spent lead ammunition has accumulated; (11) in addition to contaminating dairy and beef cattle, spent lead ammunition can also contaminate crops, vegetation, and waterways; (12) humans are at risk of lead toxicosis through the consumption of game meat harvested with lead ammunition; (13) alternatives to lead ammunition are readily available, and studies have shown that nonlead ammunition performs just as well as lead-based ammunition; and (14) in January 2017, the outgoing Director of the United States Fish and Wildlife Service issued Director’s Order 219, which was repealed in March 2017 by the Principal Deputy Director of the United States Fish and Wildlife Service. 3. Lead ammunition prohibition (a) Definitions In this section: (1) Ammunition The term ammunition means any bullet, ball, sabot, slug, buckshot, shot, pellet, or other projectile that is expelled from a firearm through a barrel by force. (2) Director The term Director means the Director of the United States Fish and Wildlife Service. (3) Explosive The term explosive has the meaning given the term in section 844(j) of title 18, United States Code. (4) Firearm The term firearm means a weapon that expels ammunition by way of an explosive or compressed air. (5) Nonlead ammunition (A) In general The term nonlead ammunition means ammunition in which there is no lead content, excluding the presence of trace amounts of lead. (B) Trace amounts For purposes of subparagraph (A), the term trace amounts means 1 percent or less by weight of the total weight of the ammunition. (6) Secretary The term Secretary means the Secretary of the Interior. (b) Prohibition Not later than 1 year after the date of enactment of this Act, and in accordance with subsections (c) through (e), the Secretary, acting through the Director, shall promulgate regulations prohibiting the discharge of a firearm that uses ammunition, other than nonlead ammunition included on the list developed and updated in accordance with subsection (c), on all land and water under the jurisdiction and control of the United States Fish and Wildlife Service. (c) Acceptable nonlead ammunition The Director, in consultation with State and Tribal governments, shall develop and annually update a list of nonlead ammunition. (d) Exceptions The regulations promulgated under subsection (b) shall provide that the prohibition described in that subsection shall not apply— (1) to a government official or agent carrying out a statutory duty unrelated to the management of wildlife; (2) to a State, local, Tribal, or Federal law enforcement officer, or an agent of such officer, when carrying out a statutory duty; and (3) to an active member of the United States military when carrying out official duties. (e) Penalties The regulations promulgated under subsection (b) shall provide that any person that knowingly violates those regulations may be assessed a civil penalty by the Secretary of— (1) in the case of a first violation, not more than $500; and (2) in the case of each subsequent violation, not less than $1,000 and not more than $5,000. | https://www.govinfo.gov/content/pkg/BILLS-117s4157is/xml/BILLS-117s4157is.xml |
117-s-4158 | II 117th CONGRESS 2d Session S. 4158 IN THE SENATE OF THE UNITED STATES May 5, 2022 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes.
1. Short title This Act may be cited as the Encouraging Small Business Innovation Act . 2. Inclusion of testing and evaluation for all Federal agencies Section 9(gg) of the Small Business Act ( 15 U.S.C. 638(gg) ) is amended— (1) in the subsection heading, by striking Pilot program and inserting Testing, evaluation, and commercialization ; (2) in paragraph (1), in the matter preceding subparagraph (A), by inserting establish a program to after may ; (3) in paragraph (2)(A), by striking pilot program each place that term appears and inserting covered program ; (4) in paragraph (3), by striking pilot program and inserting covered program ; (5) in paragraph (4), by striking pilot program and inserting covered program ; (6) in paragraph (6), by striking pilot program and inserting covered program ; and (7) by striking paragraphs (7) and (8) and inserting the following: (7) Definitions In this subsection— (A) the term covered Federal agency means a Federal agency participating in the SBIR program or the STTR program; and (B) the term covered program means a program established under paragraph (1). . 3. Inclusion of small business investment companies in SBIR and STTR Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended— (1) by striking or private equity firm investment each place that term appears and inserting private equity firm, or SBIC investment ; (2) by striking or private equity firms each place that term appears and inserting private equity firms, or SBICs ; (3) in subsection (e)— (A) in paragraph (13)(B), by striking and at the end; (B) in paragraph (14), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (15) the term SBIC means a small business investment company as defined in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 ). ; and (4) in the heading for subsection (dd), by striking or Private Equity Firms and inserting Private Equity Firms, or SBICs . 4. Calculation of leverage of small business investment companies that invest in SBIR or STTR participants Section 303(b)(2) of the Small Business Investment Act of 1958 ( 15 U.S.C. 683(b)(2) ) is amended by adding at the end the following: (E) Investments in SBIR and STTR participants (i) Definitions In this subparagraph— (I) the term cost has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ); and (II) the term SBIR or STTR participant means a small business concern that receives contracts or grants pursuant to section 9 of the Small Business Act ( 15 U.S.C. 638 ). (ii) Exclusion Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. (iii) Limitations (I) Amount of exclusion The amount excluded under clause (i) for a company shall not exceed 33 percent of the private capital of that company. (II) Maximum investment A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. (III) Other terms The exclusion of amounts under clause (i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost with respect to purchasing or guaranteeing any debenture involved. . 5. Annual meeting for Federal agencies with a SBIR or STTR program Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended by adding at the end the following: (vv) Annual meeting (1) In general The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods— (A) to improve the collection of data under this section; (B) to improve the reporting of data to the Administrator under this section; (C) to make the application processes for programs under this section more efficient; and (D) to increase participation in the programs under this section. (2) Reporting Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section. . 6. Increasing participation of underserved populations in the SBIR and STTR programs (a) In general Section 9(mm)(2) of the Small Business Act ( 15 U.S.C. 638(mm)(2) ) is amended to read as follows: (2) Outreach and technical assistance A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded. . (b) Conforming amendment Section 9(mm)(6) of the Small Business Act ( 15 U.S.C. 638(mm)(6) ) is amended by striking paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B) and inserting paragraph (2) . | https://www.govinfo.gov/content/pkg/BILLS-117s4158is/xml/BILLS-117s4158is.xml |
117-s-4159 | II 117th CONGRESS 2d Session S. 4159 IN THE SENATE OF THE UNITED STATES May 5, 2022 Ms. Warren (for herself, Mr. Booker , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure greater equity in Federal disaster assistance policies and programs by authorizing an equity steering group and equity advisor within the Federal Emergency Management Agency, improving data collection to measure disparate outcomes and participation barriers, requiring equity criteria to be applied to policies and programs, and permitting counties to seek emergency and major disaster declarations in certain circumstances, and for other purposes.
1. Short title This Act may be cited as the Federal Emergency Management Advancement of Equity Act or the FEMA Equity Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Ensuring equity in Federal disaster management Sec. 101. Data collection, analysis, and criteria. Sec. 102. Criteria for ensuring equity in policies and programs. Sec. 103. Metrics; report. TITLE II—Operational enhancement to improve equity in Federal disaster management Sec. 201. Equity advisor. Sec. 202. Equity enterprise steering group. Sec. 203. Government Accountability Office review of equity reforms. TITLE III—Safeguards to ensure equity in Federal Emergency Management Agency disaster programs Sec. 301. Expanding access to declaration process. Sec. 302. Rulemaking and guidance. Sec. 303. Government Accountability Office review of factors to determine assistance. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Agency The term Agency means the Federal Emergency Management Agency. (3) Emergency The term emergency means an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ). (4) Equitable The term equitable means having or exhibiting equity. (5) Equity The term equity means— (A) the guarantee of fair treatment, advancement, equal opportunity, access for underserved communities and other individuals; (B) the elimination of barriers that have prevented full participation for underserved communities; and (C) the reduction of disparate outcomes. (6) Federal assistance The term Federal assistance means assistance provided pursuant to— (A) a declaration of a major disaster or emergency, including assistance provided pursuant to sections 203, 205, 404, and 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 , 5135, 5170c, 5187); and (B) section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ). (7) Major disaster The term major disaster means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). (8) Underserved community The term underserved community means— (A) the Native-American and Alaskan-Native community; (B) the African-American community; (C) the Asian community; (D) the Hispanic community (including individuals of Mexican, Puerto Rican, Cuban, and Central or South American origin); (E) the Pacific Islander community; (F) the Middle Eastern and North African community; (G) a rural community; (H) a low-income community; (I) individuals with disabilities; (J) a limited English proficiency community; (K) other individuals or communities otherwise adversely affected by persistent poverty or inequality; and (L) any other disadvantaged community, as determined by the Administrator. I Ensuring equity in Federal disaster management 101. Data collection, analysis, and criteria (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Housing and Urban Development and the Administrator of the Small Business Administration, shall develop and implement a process to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency. (b) Specific areas for consultation In carrying out subsection (a), the Administrator shall identify requirements for ensuring the quality, consistency, accessibility, and availability of information necessary to identify programs and policies of the Agency that may not support the provision of equitable Federal assistance, including— (1) information requirements; (2) data sources and collection methods; and (3) strategies for overcoming data or other information challenges. (c) Modification of data collection systems The Administrator shall modify the data collection systems of the Agency based on the process developed under subsection (a) to ensure the quality, consistency, accessibility, and availability of information necessary to identify any programs and policies of the Agency that may not support the provision of equitable Federal assistance. 102. Criteria for ensuring equity in policies and programs (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall develop, disseminate, and update, as appropriate, criteria to apply to policies and programs of the Agency to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency. (b) Consultation In developing and disseminating the criteria required under subsection (a), the Administrator shall consult with— (1) the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security; (2) the Secretary of Housing and Urban Development; and (3) the Administrator of the Small Business Administration. (c) Integration of criteria (1) In general To the maximum extent possible, the Administrator shall integrate the criteria developed under subsection (a) into existing and future processes relating to the provision of Federal assistance. (2) Priority The Administrator shall prioritize integrating the criteria under paragraph (1) into processes relating to the provision of— (A) assistance under sections 402, 403, 406, 407, 428, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a , 5170b, 5172, 5173, 5189f, 5193); (B) Federal assistance to individuals and households under section 408 of such Act ( 42 U.S.C. 5174 ); (C) hazard mitigation assistance under section 404 of such Act ( 42 U.S.C. 5170c ); and (D) predisaster hazard mitigation assistance under section 203 of such Act ( 42 U.S.C. 5133 ). 103. Metrics; report (a) Metrics In carrying out this title, the Administrator shall— (1) establish metrics to measure the efficacy of the process developed under section 101(a) and the criteria developed under section 102(a); and (2) seek input from relevant representatives of State, regional, local, and Tribal governments, representatives of community-based organizations, subject matter experts, and individuals from underserved communities impacted by disasters. (b) Report Not later than 1 year after the dissemination of the criteria under section 102(a), and annually thereafter, the Administrator shall submit to Congress a report describing how the criteria and processes developed under this title have impacted efforts to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency, including— (1) any obstacles identified or areas for improvement, with respect to implementation of such criteria and processes, including any recommended legislative changes; (2) the effectiveness of such criteria and processes, as measured by the metrics established under subsection (a)(1); and (3) any impacts of such criteria and processes on the provision of Federal assistance, with specific attention to impacts relating to efforts within the Agency to address barriers to access and reduce disparate outcomes. II Operational enhancement to improve equity in Federal disaster management 201. Equity advisor (a) In general (1) Designation The Administrator shall designate a senior official within the Agency as an equity advisor to the Administrator. (2) Responsibilities The equity advisory designated under paragraph (1) shall be responsible for advising the Administrator on efforts of the Agency to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency. (b) Qualifications In designating an equity advisor under subsection (a)(1), the Administrator shall select an individual who is a qualified expert with significant experience with respect to equity policy or programmatic reforms. (c) Duties In addition to advising the Administrator, the equity advisor designated under subsection (a)(1) shall— (1) participate in the implementation of sections 101 and 102; (2) monitor equity in the implementation of equity efforts within the Agency and within regions of the Agency to ensure consistency in the implementation of policy or programmatic changes intended to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency; (3) identify ways to improve the policies and programs of the Agency to ensure that such policies and programs are equitable, including— (A) recommending opportunities to enhance language access; (B) recruiting, hiring, retaining, and promoting diverse candidates at all levels of Agency operations; and (C) enhancing opportunities to support underserved populations in preparedness, mitigation, protection, response, and recovery; and (4) any other activities the Administrator considers appropriate. (d) Consultation In carrying out the duties under this section, the equity advisor designate under subsection (a)(1) shall, on an ongoing basis, consult with representatives of underserved communities, including communities directly impacted by disasters, to evaluate opportunities and develop approaches to advancing equity within the Agency, including by increasing coordination, communication, and engagement with— (1) community-based organizations; (2) civil rights organizations; (3) institutions of higher education; (4) research institutions; and (5) academic organizations specializing in diversity, equity, and inclusion issues. 202. Equity enterprise steering group (a) Establishment There is established within the Agency a steering group to advise the Administrator on how to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency. (b) Responsibilities In carrying out subsection (a), the steering group established under this section shall— (1) review and, as appropriate, recommend changes to Agency-wide policies, procedures, plans, and guidance; (2) support the development and implementation of the processes and criteria developed under title I; and (3) monitor the integration and establishment of metrics developed under section 103. (c) Composition The Administrator shall appoint the following individuals as members of the steering group established under subsection (a): (1) Representatives from each of the following offices of the Agency: (A) The Office of Equal Rights. (B) The Office of Response and Recovery. (C) Federal Emergency Management Agency Resilience. (D) The Office of Disability Integration and Coordination. (E) The United States Fire Administration. (F) The mission support office of the Agency. (G) The Office of Chief Counsel. (H) The Office of the Chief Financial Officer. (I) The Office of Policy and Program Analysis. (2) The administrator of each regional office of the Agency or a designee. (3) A representative from the National Advisory Council. (4) The equity advisor designated by the Administrator under section 201(a)(1). (5) A representative from the Office for Civil Rights and Civil Liberties of the Department of Homeland Security. (6) The Superintendent of the Emergency Management Institute. (7) The National Tribal Affairs Advisor of the Agency. (8) Any other official of the Agency the Administrator determines appropriate. (d) Leadership The Administrator shall designate 1 or more members of the steering group established under subsection (a) to serve as chair of the steering group. 203. Government Accountability Office review of equity reforms Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report to evaluate the implementation of this title and title I. III Safeguards to ensure equity in Federal Emergency Management Agency disaster programs 301. Expanding access to declaration process (a) Major disaster Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) is amended— (1) in subsection (a), by striking All requests and inserting Subject to subsection (d), all requests ; and (2) by adding at the end the following: (d) County requests (1) County defined In this subsection, the term county — (A) means a county, parish, or equivalent subdivision of a State or territory of the United States that is a unit of general local government; and (B) in the event a county is located in a State where 1 or more counties are not units of general local government, includes the largest city, town, or unit of general local government by population in an area affected by a major disaster on behalf of all affected cities, towns, and other local units of general local government. (2) Request The chief executive officer of an affected county may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a) under the following circumstances: (A) The Governor of the State or territory in which the affected county is located does not request such a declaration under subsection (a). (B) The affected county is not included in a request for assistance made under subsection (a) by the Governor of the State or territory in which such county is located. (C) The affected county communicates with the Governor of the State or territory in which the affected county is located about the disaster or potential request for a major disaster declaration before the period described in paragraph (3)(A) has lapsed. (3) Limitation The chief executive officer of an affected county may not submit a request for a declaration by the President that a major disaster exists under paragraph (2) until— (A) the period during which the Governor of the State or territory in which such county is located may request such a declaration under subsection (a) has lapsed; or (B) the Governor of the State or territory in which such county is located has communicated to the chief executive officer of the county that the Governor will not seek such a declaration from the President. (4) References In implementing assistance authorized by the President under this Act in response to a request from the chief executive officer of an affected county for a major disaster declaration under this subsection, any reference in this title or title III to a State or the Governor of a State is deemed to refer to an affected county or the chief executive officer of an affected county, as appropriate. (5) Rule of construction Nothing in this subsection shall prohibit a county from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident. . (b) Emergency Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ) is amended— (1) in subsection (a), by striking All requests and inserting Subject to subsection (d), all requests ; and (2) by adding at the end the following: (d) County requests (1) County defined In this subsection, the term county has the meaning given the term in section 401(d). (2) Request The chief executive officer of an affected county may submit a request for a declaration by the President that an emergency exists consistent with the requirements of subsection (a) under the following circumstances: (A) The Governor of the State or territory in which the affected county is located does not request such a declaration under subsection (a). (B) The affected county is not included in a request for assistance made under subsection (a) by the Governor of the State or territory in which such county is located. (C) The affected county communicates with the Governor of the State or territory in which the affected county is located about the disaster or potential request for a major disaster declaration before the period described in paragraph (3)(A) has lapsed. (3) Limitation The chief executive officer of an affected county may not submit a request for a declaration by the President that an emergency exists under paragraph (2) until— (A) the period during which the Governor of the State or territory in which such county is located may request such a declaration under subsection (a) has lapsed; or (B) the Governor of the State or territory in which such county is located has communicated to the chief executive officer of the county that the Governor will not seek such a declaration from the President. (4) References In implementing assistance authorized by the President under this Act in response to a request of the chief executive officer of an affected county for an emergency declaration under this subsection, any reference in this title or title III to a State or the Governor of a State is deemed to refer to an affected county or the chief executive officer of an affected county, as appropriate. (5) Rule of construction Nothing in this subsection shall prohibit a county from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident. . 302. Rulemaking and guidance (a) Rulemaking (1) In general Not later than 1 year after the date of enactment of this Act and after providing public notice and opportunity for comment, the Administrator shall issue regulations necessary to establish a process to implement the amendments made by section 302. (2) Contents The regulations required under paragraph (1) shall include— (A) a process by which the chief executive officer of a county may— (i) submit a request for the Administrator to recommend that the President make a major disaster or emergency declaration for such county; and (ii) upon approval of such request, directly receive any assistance provided pursuant to such request; (B) in addition to the eligibility factors described under section 206.48 of title 44, Code of Federal Regulations, eligibility criteria for the approval of a request from a county for a major disaster or emergency declaration that gives consideration to— (i) poverty rates within such county; (ii) the economy within such county, including the economy of the area within such county that is impacted by the disaster or emergency; (iii) relevant social vulnerability indexes for residents of such county; (iv) the rate of unemployment before the disaster or emergency within such county; (v) underserved communities within such county; (vi) the fiscal condition of the unit of government with jurisdiction over such county; (vii) the degree to which a significant proportion of residents of such county received Federal benefits during the year preceding the disaster or emergency, including— (I) benefits provided under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (II) benefits provided under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); (III) benefits provided under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); and (IV) any other Federal benefits the Administrator determines appropriate; and (viii) the impact of other recent disasters and emergencies on residents within such county; (C) eligibility criteria for contiguous counties located within the same State or territory to seek Federal disaster assistance together; and (D) timelines for a chief executive officer of a county to submit such request and opportunities to seek extensions, where appropriate. (b) Guidance Upon issuing a final regulation pursuant to subsection (a), the Administrator shall issue guidance relating to such regulation, including publicizing and providing guidance directly to counties about the process by which the chief executive officer of a county may submit a request for the declaration of a major disaster or emergency. 303. Government Accountability Office review of factors to determine assistance (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall issue a report that describing the factors the Agency considers— (1) when evaluating a request from a Governor to declare that a major disaster or emergency exists; and (2) to authorize assistance under sections 402, 403, 406, 407, 408, 428, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a , 5170b, 5170c, 5172, 5173, 5189f, 5193). (b) Contents The report issued under subsection (a) shall include— (1) an assessment of— (A) the degree to which the factors the Agency considers when evaluating a request for a major disaster or emergency declaration— (i) affect equity for underserved communities, particularly with respect to major disaster and emergency declaration requests, approvals of such requests, and the authorization of assistance described in subsection (a)(2); and (ii) are designed to deliver equitable outcomes; (B) how the Agency uses such factors or monitors whether such factors result in equitable outcomes; (C) the extent to which major disaster and emergency declaration requests, approvals of such requests, and the authorization of assistance described in subsection (a)(2), are more highly correlated with high-income counties compared to lower-income counties; (D) whether the process and administrative steps for conducting preliminary damage assessments are equitable; and (E) to the extent practicable, whether such factors may deter a Governor from seeking a major disaster or emergency declaration for potentially eligible counties; and (2) a consideration of the extent to which such factors affect underserved communities— (A) of varying size; (B) with varying population density and demographic characteristics; (C) with limited emergency management staff and resources; and (D) located in urban or rural areas. (c) Recommendations The Comptroller General of the United States shall include in the report issued under subsection (a) any recommendations for changes to the factors the Agency considers when evaluating a request for a major disaster or emergency declaration to account for underserved communities. | https://www.govinfo.gov/content/pkg/BILLS-117s4159is/xml/BILLS-117s4159is.xml |
117-s-4160 | 117th CONGRESS 2d Session S. 4160 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 40, United States Code, to grant the Supreme Court of the United States security-related authorities equivalent to the legislative and executive branches.
1. Short title This Act may be cited as the Supreme Court Police Parity Act of 2022 . 2. Authority to protect family members Section 6121(a)(2) of title 40, United States Code, is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by adding and after the semicolon; and (3) by adding at the end the following: (C) any member of the immediate family of the Chief Justice, any Associate Justice, or any officer of the Supreme Court if the Marshal determines such protection is necessary. .
Passed the Senate May 9, 2022. Secretary | https://www.govinfo.gov/content/pkg/BILLS-117s4160es/xml/BILLS-117s4160es.xml |
117-s-4161 | II 117th CONGRESS 2d Session S. 4161 IN THE SENATE OF THE UNITED STATES May 9, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish effluent limitations guidelines and standards and water quality criteria for perfluoroalkyl and polyfluoroalkyl substances under the Federal Water Pollution Control Act, and for other purposes.
1. Short title This Act may be cited as the Clean Water Standards for PFAS 2.0 Act of 2022 . 2. Clean Water Act effluent limitations guidelines and standards and water quality criteria for PFAS (a) Deadlines (1) Water quality criteria Not later than the date that is 3 years after the date of enactment of this Act, the Administrator shall publish in the Federal Register human health water quality criteria under section 304(a)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1314(a)(1) ) to address each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances. (2) Effluent limitations guidelines and standards for priority industry categories Not later than the following dates, the Administrator shall publish in the Federal Register a final rule establishing effluent limitations guidelines and standards, in accordance with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), for each of the following industry categories for the discharge (including a discharge into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, or class of those substances: (A) During calendar year 2024 Not later than June 30, 2024, for the following point source categories: (i) Organic chemicals, plastics, and synthetic fibers, as identified in part 414 of title 40, Code of Federal Regulations (or successor regulations). (ii) Electroplating, as identified in part 413 of title 40, Code of Federal Regulations (or successor regulations). (iii) Metal finishing, as identified in part 433 of title 40, Code of Federal Regulations (or successor regulations). (B) During calendar year 2025 Not later than June 30, 2025, for the following point source categories: (i) Textile mills, as identified in part 410 of title 40, Code of Federal Regulations (or successor regulations). (ii) Electrical and electronic components, as identified in part 469 of title 40, Code of Federal Regulations (or successor regulations). (iii) Landfills, as identified in part 445 of title 40, Code of Federal Regulations (or successor regulations). (C) During calendar year 2026 Not later than December 31, 2026, for the following point source categories: (i) Leather tanning and finishing, as identified in part 425 of title 40, Code of Federal Regulations (or successor regulations). (ii) Paint formulating, as identified in part 446 of title 40, Code of Federal Regulations (or successor regulations). (iii) Plastics molding and forming, as identified in part 463 of title 40, Code of Federal Regulations (or successor regulations). (b) Additional monitoring requirements (1) In general Effective beginning on the date of enactment of this Act, the Administrator shall require monitoring of the discharges (including discharges into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances for the point source categories and entities described in paragraph (2). The monitoring requirements under this paragraph shall be included in any permits issued under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) after the date of enactment of this Act. (2) Categories described The point source categories and entities referred to in paragraphs (1) and (3) are each of the following: (A) Pulp, paper, and paperboard, as identified in part 430 of title 40, Code of Federal Regulations (or successor regulations). (B) Airports (as defined in section 47102 of title 49, United States Code). (3) Determination (A) In general Not later than December 31, 2023, the Administrator shall make a determination— (i) to commence developing effluent limitations and standards for the point source categories and entities listed in paragraph (2); or (ii) that effluent limitations and standards are not feasible for those point source categories and entities, including an explanation of the reasoning for this determination. (B) Requirement Any effluent limitations and standards for the point source categories and entities listed in paragraph (2) shall be published in the Federal Register by not later than December 31, 2027. (c) Notification The Administrator shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each publication made under this section. (d) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $12,000,000 for fiscal year 2023, to remain available until expended. (e) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Effluent limitation The term effluent limitation has the meaning given the term in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ). (3) Measurable The term measurable , with respect to a chemical substance or class of chemical substances, means capable of being measured using test procedures established under section 304(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1314(h) ). (4) Perfluoroalkyl substance The term perfluoroalkyl substance means a chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (5) Polyfluoroalkyl substance The term polyfluoroalkyl substance means a chemical containing at least 1 fully fluorinated carbon atom and at least 1 carbon atom that is not a fully fluorinated carbon atom. (6) Treatment works The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4161is/xml/BILLS-117s4161is.xml |
117-s-4162 | II 117th CONGRESS 2d Session S. 4162 IN THE SENATE OF THE UNITED STATES May 9, 2022 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Education, in consultation with the Attorney General and the Secretary of Health and Human Services, to publish an annual report on indicators of school crime and safety that includes data on school shootings, and for other purposes.
1. Short title This Act may be cited as the School Shooting Safety and Preparedness Act . 2. Definitions In this Act: (1) Title 18 definitions The terms firearm and ammunition have the meanings given such terms in section 921 of title 18, United States Code. The term large capacity ammunition feeding device has the meaning given such term in section 921 of title 18, United States Code, as in effect on September 1, 2004. (2) Mass shooting The term mass shooting means a shooting during which three or more individuals, not including the shooter, were injured or killed in one location or in multiple locations in close proximity. (3) School The term school means— (A) an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )); (B) an elementary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); (C) a secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); and (D) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )). (4) School shooting The term school shooting — (A) means an event or occurrence— (i) during which one or more individuals were injured or killed by a firearm; and (ii) that occurred— (I) in, or on the grounds of, a school, even if before or after school hours; (II) while the victim was traveling to or from a regular session at school; or (III) while the victim was attending or traveling to or from an official school sponsored event; and (B) does not include an accidental shooting. 3. Annual report on indicators of school crime and safety (a) In general The Secretary of Education, in consultation with the Attorney General and the Secretary of Health and Human Services, shall publish not less frequently than on an annual basis a report on indicators of school crime and safety. Such report shall be produced by the National Center for Education Statistics of the Department of Education in consultation with the Bureau of Justice Statistics of the Department of Justice. Such report shall include, at a minimum, an updated version of the information provided in the National Center for Education Statistics report NCES 2021–092 issued in July 2021, and the data described in subsections (b) and (d). (b) Statistics on school shootings In collecting data on school shootings to be compiled in the annual report described in subsection (a), the National Center for Education Statistics shall collect at a minimum the following data annually: (1) The number of school shootings that have taken place nationwide. (2) Of the school shootings described in paragraph (1), the number that were mass shootings. (3) Of the school shootings described in paragraph (1), the number that were suicides. (4) The number of people killed in each school shooting, including— (A) the number of people whose cause of death was attributable to wound by firearm; and (B) the number of people having some other cause of death. (5) The number of people injured in each school shooting, including— (A) the number of people wounded by firearm; and (B) the number of people injured in some other manner. (6) The time of the shooting and whether it occurred during school hours. (7) The demographics of each school, including— (A) the locale code of the school, as determined by the Secretary of Education; and (B) student demographic data disaggregated by— (i) economically disadvantaged students as compared to students who are not economically disadvantaged; (ii) each major racial and ethnic group; (iii) children with disabilities as compared to children without disabilities; and (iv) English proficiency status. (8) The personal characteristics of each victim in the shooting, including, at a minimum, the victim’s— (A) age; (B) gender; (C) race; (D) ethnicity; and (E) nationality. (9) The personal characteristics of the shooter, including, at a minimum the shooter’s— (A) age; (B) gender; (C) race; (D) ethnicity; (E) nationality; and (F) relationship to the school. (10) The motivation of the shooter, including any real or perceived bias based on race, religion, ethnicity, nationality, or sex (including sexual orientation or gender identity). (11) How the shooting was stopped, including— (A) whether the shooter was injured or killed, and if so, by whom; and (B) if not, what was the other outcome of the incident (such as escape, arrest, or suicide). (12) The number and type of firearms and ammunition that were used in each shooting, including— (A) the make and model of the firearm; (B) the manufacturer of the firearm; (C) the make and model of the ammunition; (D) the manufacturer of the ammunition; (E) whether a large capacity ammunition feeding device was present at the scene or used during the shooting; and (F) the number of rounds of ammunition fired by the shooter over the course of the shooting. (13) Where each of the firearms used in each shooting was obtained and how, including— (A) whether the firearm was registered (if required); and (B) whether the firearm was purchased from a licensed gun dealer or an unlicensed sale. (14) If the original purchaser was not the shooter, what was, if any, the original purchaser’s relationship to the shooter. (15) If the original purchaser was not the shooter and the firearm was obtained from the shooter’s home, the gun storage practices being used in the home, and whether the gun owner was charged with failing to properly secure his or her firearm. (16) Whether the school had one or more teachers, as that term is defined in section 8553 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7943 ), who were armed, and if so, whether such armed teacher or teachers stopped the incident by shooting the shooter. (17) How long the shooting lasted (the approximate elapsed time between the first and last shots fired). (18) The response time of law enforcement to the shooting. (c) Historic statistics on school shootings The Secretary of Education shall direct the National Center for Education Statistics— (1) to collect, to the extent practicable, the data required in subsection (b) for shootings that occurred before the date of the enactment of this Act; and (2) to publish such data as revisions to the most applicable annual reports on indicators of school crime and safety issued by the National Center for Education Statistics before the date of the enactment of this Act. (d) Safety and prevention In collecting data on school shootings to be compiled in the annual report described in subsection (a), the National Center for Education Statistics shall collect, at a minimum, information on the existence or absence of the following measures at the time of the shooting at schools where a school shooting occurred in the previous year: (1) Physical security measures, including— (A) building envelopes and interiors designed to protect occupants from human threats; and (B) other physical security measures designed to avert and restrict violence. (2) Other types of security measures, including measures designed to preserve open learning environments that positively influence student behavior. (3) A communication plan with local law enforcement. (4) A response plan that includes coordination with local agencies (such as law enforcement agencies, fire departments, and hospitals). (5) An active shooter response plan (including the use of an alert system to notify students, faculty, and parents or guardians). (6) Any other similar type of safety or prevention measure in place at the time of the school shooting. (e) Rule of construction In collecting data on school shootings to be compiled in the annual report described in subsection (a), any data disaggregation required by subsection (b) shall not be required in the case where such disaggregation would reveal personally identifiable information about any individual. | https://www.govinfo.gov/content/pkg/BILLS-117s4162is/xml/BILLS-117s4162is.xml |
117-s-4163 | II 117th CONGRESS 2d Session S. 4163 IN THE SENATE OF THE UNITED STATES May 9, 2022 Mr. Rubio (for himself and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the imposition of certain substantial burdens, relating to COVID–19 vaccine mandates, on religious exercise, and for other purposes.
1. Short title This Act may be cited as the Conscience Objections to Negligent State COVID–19 Inoculation Edicts Need Constitutional Enforcement Act or the CONSCIENCE Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) In response to the COVID–19 pandemic, State and local governments and private sector entities have implemented unprecedented public health requirements, including requirements that their employees, customers, and other persons receive a COVID–19 vaccine (referred to in this section as COVID–19 vaccine mandates ), resulting in millions of Americans being subject to such requirements. (2) Many COVID–19 vaccine mandates, due to their unprecedented magnitude and scope of application, and the unprecedented haste of and inattention to the religious exercise of persons subject to the mandates by the organizations implementing them, do not adequately protect the religious freedom of the persons subject to them. (3) As a result, millions of Americans have objected to COVID–19 vaccine mandates—more than for any other medical requirement for employment or for use of a public accommodation in recent history—often at great personal cost, on the basis that receiving a COVID–19 vaccine would violate their sincerely held religious beliefs. (4) COVID–19 vaccine mandates commonly threaten the rights of employees and other persons to religious exercise by requiring persons subject to the mandates to— (A) receive a COVID–19 vaccine (with respect to private entities, often under the color of law), in violation of their sincerely held religious beliefs; or (B) otherwise face substantial burdens such as the loss of employment, pay, or status within employment, the subjection to punitive personal public health measures, or any other loss caused by a failure to accommodate religious exercise. (5) With respect to COVID–19 vaccine mandates implemented by the States and the District of Columbia, the rights of persons under the First Amendment to the Constitution of the United States who are subject to such requirements have been violated in the following ways: (A) COVID–19 vaccine mandates for State employees in the States of New York, Maine, and Rhode Island have allowed for medical exemptions from the COVID–19 vaccine, but have not allowed for religious exemptions. (B) The Governor of New York has stated that— (i) New York intentionally excluded religious exemptions from the COVID–19 vaccination mandate; and (ii) the Governor was unaware of any organized religion that seeks religious exemptions for the COVID–19 vaccine and those individuals who seek such an exemption are not listening to God and what God wants; . (C) New York has allowed COVID–19 vaccinated workers with symptomatic, active COVID–19 infections to continue working in hospitals, but has not allowed religious objectors who do not have COVID–19 to work in hospitals. (D) Maine removed the allowance for religious exemptions for health care workers, effective September 1, 2021, in a law requiring all health care workers to receive the COVID–19 vaccine and influenza vaccine. (E) Rhode Island omitted religious exemptions to COVID–19 vaccines. (F) In Rhode Island, health care workers have been required to receive the COVID–19 vaccine, and health care facilities are required to deny entry to health care workers or providers who are not fully vaccinated. (6) With respect to COVID–19 vaccine mandates implemented by private sector entities, United Airlines instituted an absolute policy requiring all employees to receive the COVID–19 vaccine, and those who submitted requests for religious exemptions were either automatically denied or placed on unpaid leave with no benefits. (7) COVID–19 vaccine mandates that do not accommodate religious exercise have resulted in labor shortages that affect interstate and foreign commerce. (8) According to a report by the Committee on Small Business and Entrepreneurship of the Senate, the Federal COVID–19 vaccine requirement put an estimated 44,900,000 Americans at risk of losing their jobs owing to their refusal to receive a COVID–19 vaccine. A substantial number of those refusals may be attributed to religious objections, as according to a survey by the Public Religion Research Institute, 10 percent of Americans believe that receiving a COVID–19 vaccine would conflict with their religious beliefs. (9) In Doe v. Mills, 142 S. Ct. 17 (2021) and Dr. A. v. Hochul, 142 S. Ct. 552 (2021), the Supreme Court denied the requests of employees requesting religious exemptions to COVID–19 vaccine mandates, causing those employees to face irreparable harm. (10) The Free Exercise Clause of the First Amendment to the Constitution protects rights of individuals to live out their religious beliefs publicly through religious exercise. (11) Congress has the power to enforce the right to free exercise of religion, through remedial measures under section 5 of the 14th Amendment to the Constitution. (12) Laws that protect the free exercise of religious beliefs are consistent with the founding principles of the United States and protections under the First Amendment to the Constitution. (13) Congress has the power to regulate interstate and foreign commerce under the Commerce Clause of section 8 of article I of the Constitution. (b) Purpose The purpose of this Act is to preempt laws and disallow practices that discriminate against persons due to their religious exercise. 3. Definitions In this Act: (1) Covered person The term covered person means a person raising a claim or defense under this Act. (2) COVID–19 vaccine mandate The term COVID–19 vaccine mandate means a mandate that an individual receive a COVID–19 vaccine. (3) Demonstrates The term demonstrates means meets the burdens of going forward with the evidence and of persuasion. (4) Free exercise clause The term Free Exercise Clause means that portion of the First Amendment to the Constitution of the United States that proscribes laws prohibiting the free exercise of religion. (5) Government The term government — (A) means— (i) a State, county, municipality, or other governmental entity created under the authority of a State; (ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and (iii) any other person acting under color of State law; and (B) for the purpose of sections 5(b) and 6, includes— (i) the United States; (ii) any branch, department, agency, instrumentality, or official of the United States; and (iii) any other person acting under color of Federal law. (6) Program or activity The term program or activity means all of the operations of any entity as described in paragraph (1) or (2) of section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ), any part of which is extended Federal financial assistance. (7) Religious exercise (A) In general The term religious exercise includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief. (B) Rule (i) Person In the case of a person, refusing to receive a COVID–19 vaccine on the basis of a sincerely held religious belief shall be considered to be religious exercise of the person. (ii) Entity In the case of an entity, refusing on the basis of a sincerely held religious belief to require that any employee, customer, or other person affiliated with the entity receive a COVID–19 vaccine mandate shall be considered to be religious exercise of the entity. 4. Protection of religious liberty and exercise by exemptions for the COVID–19 vaccine (a) Substantial Burdens (1) General rule No government shall impose or implement a COVID–19 vaccine mandate in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person’s, assembly’s, or institution’s religious exercise— (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (2) Scope of application This subsection and subsection (b) apply in any case in which— (A) the substantial burden is imposed by State law, even if the burden results from a rule of general applicability; (B) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; (C) the substantial burden is imposed by an entity that operates a workplace and that is party to or conducts work in connection with a contract or contract-like instrument with any government, even if the burden results from a rule of general applicability; (D) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian Tribes, even if the burden results from a rule of general applicability; or (E) the substantial burden is imposed in the implementation of a COVID–19 vaccine mandate, under which the government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of COVID–19 vaccine exemptions, even if the burden results from a rule of general applicability. (b) Discrimination and exclusion (1) Equal terms No government shall impose or implement a COVID–19 vaccine mandate in a manner that treats a religious exercise (including a condition) on less than equal terms with a nonreligious exercise (including a condition). (2) Nondiscrimination No government shall impose or implement a COVID–19 vaccine mandate that imposes a substantial burden on any person for an exercise on the basis of religion, including a religious denomination. (3) Exclusions and limits No government shall impose or implement a COVID–19 vaccine mandate that— (A) totally excludes religious exemptions; or (B) unreasonably limits religious exemptions. 5. Judicial relief (a) Cause of action A covered person may assert an actual or threatened violation of this Act by a government as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief against the government involved. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Burden of persuasion If a covered person produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of section 4, the government shall bear the burden of persuasion on any element of the claim, except that the covered person shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the covered person’s exercise of religion. (c) Administrative remedies not required Notwithstanding any other provision of law, an action under this section may be commenced, and relief may be granted, in a district court of the United States without regard to whether the covered person commencing the action has sought or exhausted available administrative remedies. (d) Full faith and credit Adjudication of a claim of a violation of section 4 in a non-Federal forum shall not be entitled to full faith and credit in a Federal court unless the claimant had a full and fair adjudication of that claim in the non-Federal forum. (e) Attorneys’ fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended by inserting the Religious Freedom from COVID–19 Vaccine Mandates Act of 2022, after the Religious Land Use and Institutionalized Persons Act of 2000, . (f) Authority of United States To enforce this Act The United States may bring an action for injunctive or declaratory relief to enforce compliance with this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding. 6. Rules of construction (a) Religious belief unaffected Nothing in this Act shall be construed to authorize any government to burden any religious belief. (b) Religious exercise not regulated Nothing in this Act shall create any basis— (1) for restricting or burdening religious exercise; or (2) for claims against a religious organization, including any religiously affiliated school or institution of higher education, not acting under color of law. (c) Claims to funding unaffected Nothing in this Act shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this Act may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise. (d) Governmental discretion in alleviating burdens on religious exercise A government may avoid the preemptive force of any provision of this Act by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. (e) Effect on other law With respect to a claim brought under this Act, proof that a substantial burden on a person’s religious exercise affects, or removal of that burden would affect, commerce with foreign nations, among the several States, or with Indian Tribes, shall not establish any inference or presumption that any religious exercise is, or is not, subject to any law other than this Act. (f) Broad construction This Act shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this Act and the Constitution. (g) No preemption or repeal Nothing in this Act shall be construed to preempt State law, or repeal Federal law, that is equally as protective of religious exercise as, or more protective of religious exercise than, this Act. (h) Severability If any provision of this Act or an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision to any other person or circumstance shall not be affected. 7. Establishment clause unaffected Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the First Amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the Establishment Clause ). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this Act. In this section, the term granting , used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. 8. Applicability This Act applies to any COVID–19 vaccine mandate, whether adopted before, on, or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4163is/xml/BILLS-117s4163is.xml |
117-s-4164 | II Calendar No. 365 117th CONGRESS 2d Session S. 4164 IN THE SENATE OF THE UNITED STATES May 9, 2022 Mr. Paul introduced the following bill; which was read the first time May 10, 2022 Read the second time and placed on the calendar A BILL To prohibit the expenditure of Federal funds for the establishment or operation of the Disinformation Governance Board in the Department of Homeland Security.
1. Short title This Act may be cited as the Defund the Ministry of Truth Act of 2022 . 2. Findings Congress finds the following: (1) The Federal Government is not the sole arbiter of truth in a free society. (2) Efforts by the Federal Government to censor dissenting voices is a violation of the First Amendment rights of the American people. (3) Efforts by the Federal Government to label or categorize speech as misinformation, disinformation, or malinformation does not lessen or vitiate the First Amendment rights of the American people. (4) The Federal Government is itself prolific in the dissemination of misinformation, disinformation, and malinformation. (5) George Orwell’s novel, 1984 , which was originally published in 1949, was a cautionary tale and a warning to future generations and was not intended to be an instruction manual for government repression. 3. Prohibition against Federal funding for the Disinformation Governance Board Notwithstanding any other provision of law, no Federal funding may be expended for the establishment or operation of the Department of Homeland Security Disinformation Governance Board or any successor entity to the Disinformation Governance Board. 4. Conforming amendment to the Homeland Security Act of 2002 Section 2202(i) of the Homeland Security Act of 2002 ( 6 U.S.C. 652(i) ) is amended— (1) in the subsection heading by inserting provisions after Savings ; (2) by striking may be construed as affecting and inserting the following: may be construed as— (1) affecting ; (3) by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (2) authorizing the establishment of any misinformation, disinformation, or malinformation working group, disinformation governance board, or any similar entity within the Department of Homeland Security (or any component thereof) unless such entity is explicitly authorized by an Act of Congress that is enacted after the date of the enactment of the Defund the Ministry of Truth Act of 2022 . .
May 10, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4164pcs/xml/BILLS-117s4164pcs.xml |
117-s-4165 | II 117th CONGRESS 2d Session S. 4165 IN THE SENATE OF THE UNITED STATES May 9, 2022 Mr. Schatz (for himself, Ms. Baldwin , Mr. Van Hollen , Mrs. Gillibrand , Mr. Wyden , Ms. Warren , Mrs. Feinstein , Mr. Blumenthal , Mr. Sanders , Mr. Heinrich , Mr. Merkley , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Community Development Banking and Financial Institutions Act of 1994 to establish a CDFI National Crisis Fund, and for other purposes.
1. Short title This Act may be cited as the CDFI Crisis Fund Act . 2. CDFI National Crisis Fund (a) In general The Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4701 et seq. ) is amended by inserting after section 122 ( 12 U.S.C. 4719 ) the following: 123. CDFI Crisis Fund (a) Definitions In this section: (1) Affected area The term affected area means— (A) a State that is subject to a covered crisis; (B) a county that is subject to a covered crisis described in paragraph (3)(B); or (C) a Tribal government that is— (i) located in a State that is subject to a covered crisis; or (ii) subject to a covered crisis. (2) Community development financial institution The term community development financial institution shall include small and emerging community development financial institutions, as defined in the most recent relevant regulations from the Department of the Treasury. (3) Covered crisis The term covered crisis means— (A) the emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191(b) ) with respect to the Coronavirus disease 2019 (COVID–19); (B) a major disaster exists in the State for which assistance is authorized under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ) for a county; (C) a major disaster exists in the State for which assistance is authorized under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ) for individuals who live in an area of the State in which a majority of the residents of the State reside; (D) an increase in statewide 6-month average unemployment rate, seasonally adjusted, by not less than 0.5 percentage points more than the lowest recorded unemployment rate over the preceding 12-month period; or (E) an increase in the national 3-month average unemployment rate, seasonally adjusted, by not less than 0.5 percentage points more than the lowest recorded unemployment rate over the preceding 12-month period. (4) Crisis Fund The term Crisis Fund means the CDFI National Crisis Fund established under this section. (5) Low-income The term low-income means having an income, as adjusted for family size, that is— (A) for metropolitan areas, less than 80 percent of the area median income; and (B) for nonmetropolitan areas, the greater of— (i) less than 80 percent of the area median income; or (ii) less than 80 percent of the statewide nonmetropolitan area median income. (6) Minority community development financial institution The term minority community financial institution means a community development financial institution that— (A) if a privately-owned institution, 51 percent is owned by one or more socially and economically disadvantaged individuals; (B) if publicly-owned, 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals; and (C) in the case of a mutual institution, where the majority of the Board of Directors, account holders, and the community which the institution services is predominantly Black American, Native American, Hispanic American, or Asian American. (7) Native community development financial institution (A) In general The term Native community development financial institution means a community development financial institution— (i) the activities of which not less than 51 percent serve Native Americans; or (ii) that is not less than 51 percent owned or controlled Native Americans. (B) Native Americans In this paragraph, the term Native Americans has the meaning given the term in section 3765 of title 38, United States Code. (8) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (9) Tribal government The term Tribal government has the meaning given the term Indian tribal government in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (10) Very low-income The term very low-income means having an income, as adjusted for family size, that is— (A) for metropolitan areas, less than 50 percent of the area median income; and (B) for nonmetropolitan areas, the greater of— (i) less than 50 percent of the area median income; or (ii) less than 50 percent of the statewide nonmetropolitan area median income. (b) Purpose The purpose of this section is to create a fund to support community development financial institutions during acute periods of crisis in their mission to provide uniquely supportive financial products and services to otherwise underserved clients. (c) Establishment There is established in the Treasury the CDFI National Crisis Fund, which shall be within the Fund. (d) Availability of Crisis fund Amounts in the Crisis Fund shall be available, until expended, to provide grants to community development financial institutions as provided under this section. (e) Grants (1) In general The Crisis Fund shall be authorized to make grants to community development financial institutions to enable those institutions to provide emergency assistance in the form of financial products and services to help small businesses and low-income and very low-income populations respond to and recover from covered crises in the affected area. (2) Application (A) In general The Secretary shall— (i) accept applications during the period beginning upon notification of a covered crisis under subsection (f) and ending on the date that is 6 months after the date of the notification; (ii) approve or deny any application submitted for a grant under paragraph (1) not later than 30 days after receipt; and (iii) upon request by an applicant for a grant under paragraph (1), provide technical assistance for the applicant. (B) Selection formula (i) In general Not later than 180 days after the date of enactment of this section, the Fund shall— (I) develop a selection formula as may be necessary for the selection of community development financial institutions to receive assistance under this section and guidance to aid those institutions in meeting the formula; and (II) post the information described in subclause (I) on a publicly available website. (ii) Considerations In establishing the selection formula under clause (i), the Fund shall take into account— (I) the program capacity of a community development financial institution to provide emergency assistance in the form of financial products and services to help targeted populations or populations in investment areas recover from covered crises in the affected area; and (II) the need for simplicity in the selection formula given the varying capacities of community development financial institutions and the time frames required under this section. (3) Amount of grants (A) Determination of amount The amount of a grant made to a community development financial institution under this section shall be determined based on the previously demonstrated capacity of the community development financial institution to make impactful financial services and products available, as determined by the Secretary of the Treasury. (B) Grant amount (i) Maximum With respect to grants made under this section, the grant shall be in an amount that is not more than 10 percent of the total amount in the Crisis Fund for each fiscal year in which the community development financial institution receives a grant. (ii) Minimum The Fund shall establish minimum grant amounts under this section for each fiscal year in which a community development financial institution receives a grant under this section based on the demonstrated capacity of and the cost of grant requirements for the applicant. (C) Limitation of assistance The total aggregate amount outstanding and committed to any community development financial institution in grants under this section in any fiscal year shall not exceed 15 percent of the total amount of the Crisis Fund. (D) Distribution of assistance The Secretary shall disburse the full amount of a grant under this section to an approved applicant not later than 30 days after the date on which the application is approved. (E) Set asides (i) Native CDFIs Of the amounts in the Crisis Fund, 10 percent shall be set aside for grants made to Native community development financial institutions, which set aside may also qualify under clause (ii). (ii) Minority community development financial institutions Of the amounts in the Crisis Fund, 30 percent shall be set aside for grants made to minority community development financial institutions. (F) Use of grant funds for more than 1 covered crisis The Secretary may retroactively approve use of grant funds for covered crises in affected areas that took place after the grant was made. (4) Use of funds A recipient of a grant under this section— (A) shall use— (i) not less than 90 percent of the grant funds for activities described in paragraph (1) in the affected area of the covered crisis; (ii) not less than 25 percent of the grant funds for activities described in paragraph (1) that benefit very low-income individuals; and (iii) not less than 15 percent of the grant funds for activities described in paragraph (1) that benefit individuals with incomes of not more than 30 percent of the area median income, which set aside may also qualify under clause (ii); (B) may use not more than 10 percent of the grant funds for administrative costs, costs related to outreach and partnership building, and financial products and services to areas surrounding the affected area; and (C) may use any remaining grant funds approved for a covered crisis in an affected area for another covered crisis in an affected area occurring after the grant was made, if the Secretary approves the use of those funds under paragraph (3)(F). (5) Unemployment measures for tribal governments The Commissioner of the Bureau of Labor Statistics shall coordinate with the Assistant Secretary of Indian Affairs to develop reliable unemployment measures for American Indian, Native Alaskan, and Native Hawaiian communities in order to understand when the requirements for a covered crisis under subsection (a)(1)(C) are met with respect to a Tribal government. (f) Notification of covered crisis (1) Emergency or major disaster The Administrator of the Federal Emergency Management Agency, through the Secretary of the Treasury, shall notify the Fund when the requirements for a covered crisis under subparagraph (A) or (B) of subsection (a)(1) are met, which shall include the date on which the requirements are met and the relevant affected areas. (2) Unemployment The Secretary of Labor, through the Secretary of the Treasury, shall notify the Crisis Fund when the requirements for a covered crisis under subsection (a)(1)(C) are met, which shall include the date on which the requirements are met and the relevant affected areas, including for Tribal governments. (g) Data The Fund shall post updates on— (1) the disbursements of funds from the Crisis Fund, including the distribution of funds going to low-income and very low-income populations and demographic data regarding the areas and populations receiving funds from the Crisis Fund; and (2) all other applications made, denied, and disbursed on a monthly basis during a covered crisis. (h) Repository of best practices Based on the recommendations of the Comptroller General of the United States and data that the Secretary of the Treasury may collect from recipients of grants under this section, the Secretary of the Treasury shall— (1) develop a publicly accessible database of best practices for effective use of those grants, including past case studies of success and other useful information; and (2) issue guidance, restrictions, and regulations with respect to those grants. (i) Authorization of appropriations (1) Crisis fund authorization To carry out this section, there are authorized to be appropriated to the Crisis Fund $2,000,000,000 for fiscal year 2023, to remain available until expended. (2) Future fiscal years For every fiscal year following fiscal year 2023, there is authorized to be appropriated to the Crisis Fund an amount equal to the amount by which— (A) $2,000,000,000 (or, if greater, the amount determined for such fiscal year under paragraph (3)); exceeds (B) the balance of the Crisis Fund as of the last day of the fiscal year preceding the fiscal year involved. (3) Inflation adjustment (A) In general Subject to subparagraph (B), the amount determined under this paragraph for a fiscal year is the product of— (i) $2,000,000,000; and (ii) the quotient obtained by dividing— (I) the Consumer Price Index for all-urban consumers published by the Department of Labor for the 12-month period ending with September of the preceding fiscal year; and (II) the Consumer Price Index for All-Urban Consumers published by the Department of Labor for the 12-month period ending with September 2019. (B) Rule of application In no case shall the application of this paragraph result in the application under paragraph (2)(A) of an amount for a fiscal year that is less than the amount that applied under such paragraph (2)(A) for the preceding fiscal year. (4) Administrative expenses Of the amounts made available under paragraph (1), the Crisis Fund may use not more than 0.5 percent for administrative costs and expenses. (j) Regulations The Secretary of the Treasury may prescribe such regulations as necessary to carry out this section. (k) Report Not later than 1 year after the date of enactment of this section and periodically thereafter, the Comptroller General of the United States shall submit to Congress a report— (1) evaluating the impact of this section in meeting intended outcomes, focusing on the use of the Crisis Fund in aiding community development financial institutions to support their communities and helping them respond to and recover from natural disasters and economic crises; and (2) making recommendations to the Fund and to Congress. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( Public Law 103–325 ; 108 Stat. 2160) is amended by inserting after the item relating to section 121 the following: Sec. 122. Grants to establish loan-loss reserve funds. Sec. 123. CDFI Crisis Fund. . 3. Resilience grants Section 108 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4707 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) grants to community development financial institutions (as defined in section 123) to improve resilience to the impacts of covered crises (as defined in section 123) in any State (as defined in section 123). ; (2) in subsection (d)— (A) in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3) ; (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting after paragraph (2) the following: (3) Resilience grants With respect to resilience grants described in subsection (a)(1)(C), each grant made in a fiscal year shall be in an amount that is not more than 10 percent of the total amount appropriated for resilience grants for that fiscal year. ; and (D) in paragraph (4), as so redesignated, by striking paragraphs (1) and (2) and inserting paragraphs (1), (2), and (3) ; (3) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (4) by inserting after subsection (d) the following: (e) Resilience grants (1) In general With respect to resilience grants described in subsection (a)(1)(C), the Secretary of the Treasury shall award the grants based on criteria established by the Fund, including— (A) making awards for projects that the Fund determines will have the greatest impact in improving resilience for low-income populations; and (B) coordinating with the Federal Emergency Management Agency, the Department of Housing and Urban Development, and with the Small Business Administration, as relevant, to ensure that the awards meet unmet resilience needs. (2) Use of funds A recipient of a resilience grant described in subsection (a)(1)(C) shall use— (A) not less than 25 percent of the grant funds for activities described in paragraph (1) that benefit very low-income individuals; and (B) not less than 15 percent of the grant funds for activities described in paragraph (1) that benefit individuals with incomes of not more than 30 percent of the area median income. (3) Set asides (A) Native CDFIs Of the amounts made available under this subsection, 10 percent shall be set aside for resilience grants made to Native community development financial institutions, which set aside may also qualify under subparagraph (ii). (B) Minority community development financial institutions Of the amounts made available under this subsection, 30 percent shall be set aside for grants made to minority community development financial institutions. (4) Repository of best practices Based on the recommendations of the Comptroller General of the United States and data that the Secretary of the Treasury may collect from recipients of resilience grants described in subsection (a)(1)(C), the Secretary of the Treasury shall— (A) develop a publicly accessible database of best practices for effective use of those grants, including past case studies of success and other useful information; and (B) issue guidance, restrictions, and regulations with respect to those grants. (5) Authorization of appropriations To provide resilience grants described in subsection (a)(1)(C), there is authorized to be appropriated to the Fund $30,000,000 for fiscal year 2023, to remain available until expended. (6) Definitions In this subsection, the terms low-income , minority community development financial institution , Native community development financial institution , and very low-income have the meanings given those terms in section 123. . | https://www.govinfo.gov/content/pkg/BILLS-117s4165is/xml/BILLS-117s4165is.xml |
117-s-4166 | II 117th CONGRESS 2d Session S. 4166 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Portman (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To authorize preparedness programs to support communities containing technological hazards and emerging threats.
1. Short title This Act may be cited as the Technological Hazards Preparedness and Training Act of 2022 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Indian Tribal Government The term Indian Tribal government has the meaning given the term Indian tribal government in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (3) Local Government; State The terms local government and State have the meaning given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (4) Technological Hazard and Related Emerging Threat The term technological hazard and related emerging threat — (A) means a hazard that involves materials created by humans that pose a unique hazard to the general public and environment and which may result from— (i) an accident; (ii) an emergency caused by another hazard; or (iii) intentional use of the hazardous materials; and (B) includes a chemical, radiological, biological, and nuclear hazard. 3. Assistance and Training for Communities with Technological Hazards and Related Emerging Threats (a) In general The Administrator shall maintain the capacity to provide States and local governments with technological hazards and related emerging threats technical assistance, training, and other preparedness programming to build community resilience to technological hazards and related emerging threats. (b) Authorities The Administrator shall carry out subsection (a) in accordance with— (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); (2) section 1236 of the Disaster Recovery Reform Act of 2018 ( 42 U.S.C. 5196g ); and (3) the Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 120 Stat. 1394). (c) Assessment and notification In carrying out subsection (a), the Administrator shall— (1) use any available and appropriate multi-hazard risk assessment and mapping tools and capabilities to identify the communities that have the highest risk of and vulnerability to a technological hazard in each State; and (2) ensure each State and Indian Tribal government is aware of— (A) the communities identified under paragraph (1); and (B) the availability of programming under this section for— (i) technological hazards and related emerging threats preparedness; and (ii) building community capability. (d) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report relating to— (1) actions taken to implement this section; and (2) technological hazards and related emerging threats preparedness programming provided under this section during the 1-year period preceding the date of submission of the report. (e) Consultation The Secretary of Homeland Security may seek continuing input relating to technological hazards and related emerging threats preparedness needs by consulting State, Tribal, Territorial, and local emergency services organizations and private sector stakeholders. 4. Authorization of Appropriations There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2023 through 2024. | https://www.govinfo.gov/content/pkg/BILLS-117s4166is/xml/BILLS-117s4166is.xml |
117-s-4167 | II 117th CONGRESS 2d Session S. 4167 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Peters (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 improve performance and accountability in the Federal Government, and for other purposes.
1. Short title This Act may be cited as the Federal Agency Performance Act of 2022 . 2. Establishment of Strategic Reviews and Reporting (a) Strategic Reviews (1) In general Section 1121 of title 31, United States Code, is amended— (A) by striking the section heading and inserting Progress reviews and use of performance information ; and (B) by adding at the end the following: (c) Agency reviews of progress towards strategic goals and objectives (1) Covered Goal defined In this subsection, the term covered goal means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. (2) Review Not less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency, shall— (A) for each covered goal, review with the appropriate agency official responsible for the covered goal— (i) the progress achieved toward the covered goal— (I) during the most recent fiscal year; or (II) from recent sources of evidence available at the time of the review; and (ii) the likelihood that the agency will achieve the covered goal; (B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal; (C) assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data; (D) identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable; (E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal; (F) as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G); (G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and (H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency. (3) Support In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by— (A) the Performance Improvement Officer of the agency; (B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and (C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals. . (2) Conforming amendment The table of sections for Chapter 11 of title 31, United States Code, is amended by striking the item relating to section 1121 and inserting the following: 1121. Progress reviews and use of performance information. . (b) Summary required Section 1116 of title 31, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (6)(E), by striking and at the end; (B) in paragraph (7), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (8) include a summary of the findings of the review of the agency under section 1121(c). ; and (2) by striking subsections (f) through (i). 3. Revisions to the Federal Performance Website Section 1122 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (C)— (I) by inserting required to be included on the single website under subparagraph (A) and the information ; before in the program inventory ; and (II) by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (E) ensure that the website described in subparagraph (A) conforms with the requirements for websites under section 3(a) of the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note). ; and (B) in paragraph (4), by striking subparagraph (A) and inserting the following: (A) archive and preserve— (i) the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and (ii) the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and ; and (2) in subsection (c)— (A) by striking paragraph (5) and inserting the following: (5) the results achieved toward the priority goals developed under section 1120(a)(1)— (A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and (B) at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance; ; and (B) by striking paragraph (6) and inserting the following: (6) the results achieved toward the goals and objectives established in the strategic plan of the agency under section 306(a) of title 5— (A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and (B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance. . 4. Federal Government Priority Goals Section 1120(a)(2) of title 31, United States Code, is amended by striking the second sentence and inserting “Such goals shall— (A) be updated and revised not less frequently than during the first year of each Presidential term; (B) be made publicly available not less frequently than concurrently with the submission of the budget of the United States Government under section 1105(a) made during the first full fiscal year following any year during which a term of the President commences under section 101 of title 3; (C) include plans for the successful achievement of each goal within each single Presidential term; and (D) explicitly cite to any specific contents of the budget described in subparagraph (B) that support the achievement of each goal. . 5. Federal Government Priority Goal Co-Leaders Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: (3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom— (A) not less than 1 shall be from the Executive Office of the President; and (B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2); . 6. Establishment of Deputy Performance Improvement Officers Section 1124(a) of title 31, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) Establishment At each agency, the head of the agency, in consultation with the Chief Operating Officer of the agency, shall designate— (A) a Performance Improvement Officer, who shall be a senior executive of the agency; and (B) if the Performance Improvement Officer designated under subparagraph (A) is not a career appointee of the Senior Executive Service, a Deputy Performance Improvement Officer, who shall be a career appointee of the Senior Executive Service. ; and (2) by adding at the end the following: (3) Deputy Performance Improvement Officer A Deputy Performance Improvement Officer designated under paragraph (1)(B) shall support the Performance Improvement Officer in carrying out the functions of the Performance Improvement Officer under paragraph (2). . 7. Repeal of Outdated Pilot Projects (a) In general Chapter 11 of title 31, United States Code, is amended by striking sections 1118 and 1119. (b) Conforming amendment Section 9704 of title 31, United States Code, is amended— (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c) . (c) Clerical amendment The table of sections for chapter 11 of title 31, United States Code, is amended by striking the items relating to sections 1118 and 1119. 8. Clarifying Amendments (a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans Section 306(a) of title 5, United States Code, is amended— (1) in paragraph (8) by inserting , as applicable after section 312 ; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312, before an assessment . (b) Clarification of Timing of Agency Performance Report Section 1116(b)(1) of title 31, United States Code, is amended by striking shall occur no less than 150 days after and inserting shall occur not later than 150 days after . | https://www.govinfo.gov/content/pkg/BILLS-117s4167is/xml/BILLS-117s4167is.xml |
117-s-4168 | II 117th CONGRESS 2d Session S. 4168 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Portman (for himself, Mr. King , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend title 54, United States Code, to reauthorize the National Park Foundation.
1. Short title This Act may be cited as the National Park Foundation Reauthorization Act of 2022 . 2. Authorization of appropriations for the National Park Foundation Section 101122(a) of title 54, United States Code, is amended— (1) by striking $5,000,000 and inserting $15,000,000 ; and (2) by striking 2023 and inserting 2030 . | https://www.govinfo.gov/content/pkg/BILLS-117s4168is/xml/BILLS-117s4168is.xml |
117-s-4169 | II 117th CONGRESS 2d Session S. 4169 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Tester (for himself, Mr. Moran , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes.
1. Short title This Act may be cited as the Expanding Veterans’ Options for Long Term Care Act . 2. Pilot program on assisted living services for veterans (a) Program (1) In general Beginning not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a three-year pilot program to assess— (A) the effectiveness of providing assisted living services to eligible veterans, at the election of such veterans; and (B) the satisfaction with the pilot program of veterans participating in the pilot program. (2) Extension The Secretary may extend the duration of the pilot program under paragraph (1) for an additional three-year period if the Secretary, based on the results of the reports submitted under subsections (e) and (f), determines that it is appropriate to do so. (b) Program locations (1) Veterans Integrated Service Networks (A) In general The Secretary shall select not fewer than six Veterans Integrated Service Networks of the Department of Veterans Affairs at which to carry out the pilot program under subsection (a)(1). (B) Veterans receiving nursing home care The Secretary shall ensure that not fewer than three Veterans Integrated Service Networks selected under subparagraph (A) serve areas with the highest percentage of veterans who are currently receiving nursing home care through the Department and would be eligible to receive assisted living services under the pilot program. (2) Facilities (A) In general Within each Veterans Integrated Service Network selected under paragraph (1), the Secretary shall select facilities at which to carry out the pilot program under subsection (a)(1). (B) Selection criteria In selecting facilities under subparagraph (A), the Secretary shall ensure that— (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural-Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. (c) Provision of assisted living services (1) Agreements In carrying out the pilot program under subsection (a)(1), the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with— (A) a provider participating under a State plan or waiver under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. (2) Standards The Secretary may not place, transfer, or admit a veteran to any facility for assisted living services under the pilot program under subsection (a)(1) unless the Secretary determines that— (A) the facility meets the standards for community residential care established under sections 17.61 through 17.72 of title 38, Code of Federal Regulations, or successor regulations, and any additional standards of care as the Secretary may specify; or (B) in the case of a facility that is a State home, the State home meets the standards for care established under subpart E of part 51 of title 38, Code of Federal Regulations, or successor regulations, and any additional standards of care as the Secretary may specify. (3) Inspection The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)— (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. (4) Payment to certain facilities (A) State homes In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is— (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. (B) Community assisted living facilities In the case of a facility participating in the pilot program that is a community assisted living facility, the Secretary shall pay to the facility an amount that is less than the average rate paid by the Department for placement in a community nursing home in the same Veterans Integrated Service Network. (d) Continuity of care Upon the termination of the pilot program under subsection (a)(1), the Secretary shall— (1) provide to all veterans participating in the pilot program at the time of such termination the option to continue to receive assisted living services at the site they were assigned to under the pilot program, at the expense of the Department; and (2) for such veterans who do not opt to continue to receive such services— (A) ensure such veterans do not experience lapses in care; and (B) provide such veterans with information on, and enroll participants in, other long-term care options based on their preferences and best medical interest. (e) Annual report (1) In general Not later than one year after the initiation of the pilot program under subsection (a)(1), and annually thereafter for each year in which the pilot program is carried out, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program, including— (A) an identification of Veterans Integrated Services Networks and facilities of the Department participating in the pilot program and assisted living facilities and State homes at which veterans are placed under the pilot program; (B) the number of participants in the pilot program, disaggregated by facility; (C) general demographic information of participants in the pilot program, including average age, gender, and race or ethnicity; (D) disability status of participants in the pilot program; (E) an identification of any barriers or challenges to enrolling veterans in the pilot program, conducting oversight of the pilot program, or any other barriers or challenges; (F) the cost of care at each assisted living facility and State home participating in the pilot program, including an analysis of any cost savings by the Department when comparing that cost to the cost of nursing home care; (G) aggregated feedback from participants in the pilot program; and (H) such other matters the Secretary considers appropriate. (2) Final report As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department. (f) Report by Inspector General (1) In general Not later than two years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (2) Elements The report required by paragraph (1) shall include an assessment of— (A) the quality of care provided to veterans at facilities participating in the pilot program; (B) the oversight of such facilities, as conducted by the Department, the Centers for Medicare & Medicaid Services, State agencies, and other relevant entities; and (C) such other matters as the Inspector General considers appropriate. (3) Follow-up Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (g) Definitions In this section: (1) Assisted living services The term assisted living services means— (A) services of a facility in providing room, board, and personal care for and supervision of residents for their health, safety, and welfare; and (B) a level of care more intensive than domiciliary care and less intensive than nursing home care. (2) Eligible veteran The term eligible veteran means a veteran who— (A) (i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary. (3) State home The term State home has the meaning given that term in section 101(19) of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4169is/xml/BILLS-117s4169is.xml |
117-s-4170 | II 117th CONGRESS 2d Session S. 4170 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Cassidy (for himself and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize programs related to mental health, and for other purposes.
1. Short title This Act may be cited as the Mental Health Reform Reauthorization Act of 2022 . 2. Substance abuse and mental health services administration Section 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa(d) ) is amended— (1) in paragraph (5), by inserting coordination between programs and Centers of Excellence regarding promising and best practices and dissemination to the field and after , including ; (2) in paragraph (24)(E), by striking ; and and inserting a semicolon; (3) in paragraph (25), by striking the period and inserting ; and ; and (4) by adding at the end the following: (26) coordinate with the Centers for Medicare & Medicaid Services to promote coverage of evidence-based prevention and treatment services, improve quality of care, and identify opportunities for State Medicaid agencies and State mental health and substance use disorder agencies to collaborate, including through the braiding of funds, demonstration programs, waivers, amendments to State plans under section 1912, other State flexibilities, and agency guidance for all populations enrolled in Medicaid programs. . 3. Community mental health services block grant (a) Funding Section 1920 of the Public Health Service Act ( 42 U.S.C. 300x–9 ) is amended— (1) in subsection (a), by striking $532,571,000 for each of fiscal years 2018 through 2022 and inserting 1,000,000,000 for each of fiscal years 2023 through 2027 ; and (2) by adding at the end the following: (d) Crisis care (1) In general Except as provided in paragraph (3), a State shall expend not less than 5 percent of the amount the State receives pursuant to section 1911 for each fiscal year to support evidenced-based programs. (2) Core elements At the discretion of the single State agency responsible for the administration of the program of the State under a grant under section 1911, funds expended pursuant to paragraph (1) may be used to fund some or all of the core crisis care service components, delivered according to evidence-based principles, including the following: (A) Crisis call centers. (B) 24/7 mobile crisis services. (C) Crisis stabilization programs offering acute care or subacute care in a hospital or appropriately licensed facility, as determined by the Substance Abuse and Mental Health Services Administration, with referrals to inpatient or outpatient care. (3) State flexibility In lieu of expending 5 percent of the amount the State receives pursuant to section 1911 for a fiscal year to support evidence-based programs as required by paragraph (1), a State may elect to expend not less than 10 percent of such amount to support such programs by the end of 2 consecutive fiscal years. (e) Prevention (1) In general Except as provided in paragraph (3), a State shall expend not less than 5 percent of the amount the State receives pursuant to section 1911 for each fiscal year to support evidenced-based early identification and early intervention programs that prevent or mitigate the development of mental illness in individuals, including children and adolescents, who may be at risk of developing a serious mental illness or serious emotional disturbance, within the meaning of such term as defined by the Secretary pursuant to section 1912, or as determined through the use of evidence-based screening instruments or clinical assessment. (2) Core elements At the discretion of the single State agency responsible for the administration of the program of the State under a grant under section 1911, funds expended pursuant to paragraph (1) shall be used for evidence-based practices that follow or exceed the quality of generally accepted standards of care. (3) State flexibility In lieu of expending 5 percent of the amount the State receives pursuant to section 1911 for a fiscal year to support evidence-based early identification and early intervention programs as required by paragraph (1), a State may elect to expend not less than 10 percent of such amount to support such programs by the end of 2 consecutive fiscal years. (f) Reports by the Secretary (1) In general The Secretary shall— (A) commission longitudinal follow-up studies of the population of individuals served by funds expended pursuant to subsection (e)(1) to determine clinical outcomes that may be associated with such funds, including crisis services utilization and emergency department visits and hospitalizations related to mental illness, prevalence of suicidal behavior, mortality, disability income, high school graduation rates, employment status and successful timely reunification, placement stability, and permanency for children in foster care, disaggregated by mental illness diagnosis; and (B) submit a biennial report summarizing incremental findings of the studies conducted under paragraph (1) to Congress. (2) Requirements In carrying out paragraph (1)(A), the Secretary shall— (A) solicit feedback from stakeholders, including pediatric experts, on outcomes to use for different age groups and populations; and (B) consider how States who have received funding are partnering with providers to increase access to mental health services specific to adults and to children. (g) Special rule The requirements described in subsection (b)(1)(A)(vi) for a State plan required under such section shall not apply with respect to funds allocated for the purposes described in subsections (d) and (e). . (b) Restrictions on use of payments Section 1916(a) of the Public Health Service Act ( 42 U.S.C. 300x–5(a) ) is amended— (1) in paragraph (3), by adding or after the semicolon; (2) in paragraph (4), by striking ; or and inserting a period; and (3) by striking paragraph (5). 4. Grants for jail diversion programs Section 520G of the Public Health Service Act ( 42 U.S.C. 290bb–38 ) is amended— (1) in subsection (c)(2)(A)(i)— (A) by inserting support continuity of care (including in consultation with the individual's mental health clinician when feasible and with continuation of previously prescribed psychotropic medication and medication for the treatment of substance use disorder, as appropriate), after evidence-based practices, ; (B) by inserting to relevant medications approved by the Food and Drug Administration after management and access ; and (C) by inserting peer recovery support services, after co-occurring substance use disorder treatment, ; (2) in subsection (e)(4) by inserting and response (including suicide prevention) after crisis intervention ; and (3) in subsection (j), by striking $4,269,000 for each of fiscal years 2018 through 2022 and inserting $6,269,000 for each of fiscal years 2023 through 2027 . 5. Assisted outpatient treatment Section 224 of the Protecting Access to Medicare Act of 2014 ( Public Law 113–93 ; 42 U.S.C. 290aa note) is amended— (1) in subsection (e)— (A) in the matter preceding paragraph (1), by striking each of fiscal years 2016, 2017, 2018, 2019, 2020, 2021, and 2022 and inserting fiscal year 2027 ; (B) by striking paragraphs (2) and (3) and inserting the following: (2) Impact of assisted outpatient treatment on rates of psychiatric hospitalization, homelessness, arrest, and incarceration of patients. (3) Significant variations in program design among grantees, including variations in the role of courts in monitoring and motivating patient progress, and the comparative impacts of such variations upon program outcomes. ; and (C) by adding at the end the following: (5) Use of psychiatric advance directives or other methods for patient input in care. ; (2) in subsection (f)(1), by striking local court and inserting local civil court ; and (3) in subsection (g)— (A) in paragraph (1), by striking 2015 through 2022 and inserting 2023 through 2027 ; and (B) in paragraph (2), by striking $15,000,000 for each of and all that follows through 2022 and inserting $21,000,000 for each of fiscal years 2023 through 2027 . 6. Projects for assistance in transition from homelessness Part C of title V of the Public Health Service Act ( 42 U.S.C. 290cc–21 et seq. ) is amended— (1) in section 522(g)(1) ( 42 U.S.C. 290cc–22(g)(1) ) by striking 20 percent and inserting 25 percent ; and (2) in section 535(a) ( 42 U.S.C. 290cc–35(a) ), by striking $64,635,000 for each of fiscal years 2018 through 2022 and inserting $64,635,000 for each of fiscal years 2023 through 2027 . 7. Grants to support mental health and substance use disorder parity implementation (a) In general Section 2794(c) of the Public Health Service Act ( 42 U.S.C. 300gg–94(c) ) (as added by section 1003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended by adding at the end the following: (3) Parity implementation (A) In general Beginning 60 days after the date of enactment of the Parity Implementation Assistance Act , the Secretary shall award grants to States to implement the mental health and substance use disorder parity provisions of section 2726, provided that in order to receive such a grant, a State is required to request and review from health insurance issuers offering group or individual health insurance coverage the comparative analyses and other information required of such health insurance issuers under subsection (a)(8)(A) of such section 2726 regarding the design and application of nonquantitative treatment limitations imposed on mental health or substance use disorder benefits. (B) Authorization of appropriations For purposes of awarding grants under subparagraph (A), there are authorized to be appropriated $25,000,000 for each of the first five fiscal years beginning after the date of the enactment of this paragraph. . (b) Technical amendment Section 2794 of the Public Health Service Act ( 42 U.S.C. 300gg–95 ), as added by section 6603 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is redesignated as section 2795. 8. Eliminating the opt-out for non-Federal governmental health plans Section 2722(a)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–21(a)(2) ) is amended by adding at the end the following new subparagraph: (F) Sunset of election option (i) In general Notwithstanding the preceding provisions of this paragraph— (I) no election described in subparagraph (A) with respect to the provisions of section 2726 may be made on or after the date of enactment of this subparagraph; and (II) except as provided in clause (ii), no such election with respect to the provisions of section 2726 expiring on or after the date that is 180 days after the date of such enactment may be renewed. (ii) Exception for certain collectively bargained plans Notwithstanding clause (i)(II), a plan described in subparagraph (B)(ii) that is subject to multiple agreements described in such subparagraph of varying lengths and that has an election in effect under subparagraph (A) as of the date of enactment of this subparagraph that expires on or after the date that is 180 days after the date of such enactment may extend such election until the date on which the term of the last such agreement expires. (iii) Guidance The Secretary shall issue guidance to plans to support carrying out activities under this section with regard to section 2726, including the requirements under subsection (a)(8) of such section. Such guidance shall include an explanation of documents that are required to be disclosed and analyses that are required to be conducted pursuant to such subsection (a)(8), including how nonquantitative treatment limitations are applied to mental health or substance use disorder benefits and medical or surgical benefits covered under the plan, in order for such plan to demonstrate compliance with this section and section 2726. . 9. Minority fellowship program Section 597 of the Public Health Service Act ( 42 U.S.C. 290ll ) is amended— (1) in subsection (b), by inserting addiction medicine, after mental health counseling, ; and (2) in subsection (c), by striking $12,669,000 for each of fiscal years 2018 through 2022 and inserting $25,000,000 for each of fiscal years 2023 through 2027 . 10. Priority mental health needs of regional and national significance Section 520A of the Public Health Service Act ( 42 U.S.C. 290bb–32 ) is amended by striking 2018 through 2022 and inserting 2023 through 2027 . 11. Encouraging innovation and evidence-based programs within the national mental health and substance use policy laboratory (a) Reauthorization Section 501A(e)(3) of the Public Health Service Act ( 42 U.S.C. 290aa–0(e)(3) ) is amended by striking 2018 through 2020 each place it appears and inserting 2023 through 2027 . (b) GAO study Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall perform a report on the work of the National Mental Health and Substance Use Policy Laboratory established under section 501A of the Public Health Service Act ( 42 U.S.C. 290aa–0 ), including— (1) the extent to which such Laboratory is meeting its responsibilities as set forth in such section 501A; and (2) any recommendations for improvement, including methods to expand the use of evidence-based practices across programs, recommendations to improve program evaluations for effectiveness, and dissemination of resources to stakeholders and the public. 12. Programs for children with a serious emotional disturbance Section 565(f) of the Public Health Service Act ( 42 U.S.C. 290ff–4(f) ) is amended— (1) in paragraph (1), by striking $119,026,000 for each of fiscal years 2018 through 2022 and inserting $125,000,000 for each of fiscal years 2023 through 2027 ; and (2) by moving the margin of paragraph (2) 2 ems to the right. 13. Mental and behavioral health education and training grants Section 756(f) of the Public Health Service Act ( 42 U.S.C. 294e–1(f) ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking 2019 through 2023 and inserting 2023 through 2027 ; and (B) by striking $50,000,000 and inserting $102,000,000 ; (2) in paragraph (1), by striking $15,000,000 and inserting $30,500,000 ; (3) in paragraph (2), by striking $15,000,000 and inserting $30,500,000 ; (4) in paragraph (3), by striking $10,000,000 and inserting $20,500,000 ; and (5) in paragraph (4), by striking $10,000,000 and inserting $20,500,000 . 14. Development and dissemination of model training programs under HIPAA Section 11004 of the 21st Century Cures Act ( Public Law 114–255 ; 42 U.S.C. 1320d–2 note) is amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (2) by inserting after subsection (b) the following: (b) Reports to Congress The Secretary shall submit a report to Congress— (1) not later than 1 year after the date of enactment of the Mental Health Reform Reauthorization Act of 2022 , on actions taken pursuant to subsection (b); and (2) not later than 2 years after the date of submission of the report under paragraph (1), on updates made to the model programs and materials described in subsection (a) after the release of the final regulations required under section 3221(i) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ). ; and (3) in subsection (f), as so redesignated, by striking this section— and all that follows through the end of paragraph (3) and inserting the following: this section $1,000,000 for each of fiscal years 2023 through 2027 . 15. Promoting integration of primary care and behavioral health Section 520K of the Public Health Service Act ( 42 U.S.C. 290bb–42 ) is amended— (1) in subsection (c)(2)— (A) in subparagraph (D), by striking ; and and inserting a semicolon; (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following: (E) a description of how validated rating scales will be implemented to support the improvement of patient outcomes using measurement-based care, including related to depression screening, patient follow up, and symptom improvement; and ; and (2) in subsection (h), by striking $51,878,000 for each of fiscal years 2018 through 2022 and inserting $52,877,000 for each of fiscal years 2023 through 2027 . 16. Pediatric mental health care access grant program Section 330M of the Public Health Service Act ( 42 U.S.C. 254c–19 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (G)— (I) by inserting developmental-behavioral pediatricians, after adolescent psychiatrists, ; and (II) by inserting , and which may include addiction specialists, after mental health counselors ; (ii) in subparagraph (H), by striking ; and and inserting a semicolon; (iii) in subparagraph (I), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (J) maintain an up-to-date list of community-based supports for children with mental health conditions. ; (B) in paragraph (2), by inserting , and which may include a developmental-behavioral pediatrician and an addiction specialist before the period at the end of the first sentence; and (C) by adding at the end the following: (3) Support to schools and emergency departments In addition to the required activities specified in paragraph (1), a statewide or regional network of pediatric mental health teams referred to in subsection (a), with respect to which a grant under such subsection may be used, may provide support to schools and emergency departments. ; (2) by redesignating subsection (g) as subsection (h); (3) by inserting after subsection (f) the following: (g) Technical assistance The Secretary may award a grant to an eligible entity for purposes of providing technical assistance to recipients of grants under subsection (a). ; and (4) in subsection (h), as so redesignated, by striking $9,000,000 for the period of fiscal years 2018 through 2022 and inserting $14,000,000 for each of fiscal years 2023 through 2025 and $30,000,000 for each of fiscal years 2026 and 2027 . 17. Training in behavioral health for primary care providers caring for pediatric populations The Advisory Committee on Training in Primary Care Medicine and Dentistry of the Health Resources and Services Administration shall convene and issue a report that includes— (1) recommendations to optimize the content and competencies of trainees and primary care providers treating pediatric populations to address behavioral health conditions; and (2) best practices for training pediatric providers in behavioral health conditions, utilization of evidence-based screening tools, and follow up care to higher levels of care, when appropriate. 18. First episode psychosis (a) Review of use of certain funding Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall conduct a review of the use by States of funds made available under the Community Mental Health Services Block Grant subpart I of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x et seq. ) for First Episode Psychosis activities. Such review shall consider the following: (1) How the States use funds for evidence-based treatments and services according to the standard of care for those with serious mental illness, including the comprehensiveness of such treatments to include all aspects of the recommended intervention. (2) How State mental health departments are coordinating with State Medicaid departments in the delivery of the treatments and services described in paragraph (1). (3) What percentage of the State funding under the block grant is being applied toward First Episode Psychosis in excess of 10 percent of the amount of the grant, as broken down on a State-by-State basis. The review shall also identify any States that fail to expend the required 10 percent of block grant funds on First Episode Psychosis activities. (4) How many individuals are served by the expenditures described in paragraph (3), broken down on a per-capita basis. (5) How the funds are used to reach individuals in underserved populations, including individuals in rural areas and individuals from minority groups. (b) Report and guidance (1) Report Not later than 6 months after the completion of the review under subsection (a), the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall submit to the appropriate authorization and appropriations committees of Congress, a report on the finding made as a result of the review conducted under subsection (a). Such report shall include any recommendations with respect to any changes to the Community Mental Health Services Block Grant program, including the set aside required for First Episode Psychosis, that would facilitate improved outcomes for the targeted population involved. (2) Guidance Not later than 1 year after the date on which the report is submitted under paragraph (1), the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall update the guidance provided to States under the Community Mental Health Services Block Grant based on the findings and recommendations of the report. (c) Technical assistance The Director of the National Institute of Mental Health shall coordinate with the Assistant Secretary for Mental Health and Substance Use in providing technical assistance to State grantees and provider subgrantees in the delivery of services for First Episode Psychosis under the Community Mental Health Services Block Grant. 19. CMS study and report regarding adherence to standard of care for treatment of individuals with serious mental illness and children with serious emotional disturbance under Medicare and Medicaid (a) Study The Administrator of the Centers for Medicare & Medicaid Services shall review claims relating to treatment of individuals with serious mental illness and children with serious emotional disturbance made under the Medicare program established under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) and the Medicaid program established under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) and the State Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ) for purposes of assessing the extent to which such individuals receive evidence-based treatments according to the standard of care for those with serious mental illness and serious emotional disturbance and the extent to which the comprehensiveness of such treatments includes all aspects of a recommended intervention under the applicable standard of care. (b) Report Not later than 6 months after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall submit to Congress a report on the study required by subsection (a). 20. Guidance for States relating to coverage recommendations of health care services and interventions for individuals with serious mental illness and children with serious emotional disturbance Not later than 2 years after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services, jointly with the Assistant Secretary for Mental Health and Substance Use and the Director of the National Institute of Mental Health— (1) shall provide updated guidance to States concerning— (A) coverage recommendations relating to health care services and interventions for those with serious mental illness, specifically First Episode Psychosis; and (B) the manner in which Federal funding provided to States through programs administered by such agencies, including the Community Mental Health Services Block Grant program under subpart I of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x et seq. ), may be coordinated to support individuals with serious mental illness and serious emotional disturbance; and (2) may streamline relevant State reporting requirements if such streamlining would result in making it easier for States to coordinate funding under the programs described in paragraph (1)(B) to improve treatments for individuals with serious mental illness and serious emotional disturbance. 21. GAO study on data collection and public reporting Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Assistant Secretary for Mental Health and Substance Use and the Secretary of Health and Human Services, shall perform a study on areas to improve data reporting across programs of the Substance Abuse and Mental Health Services Administration. Such report and evaluation shall include— (1) recommendations for improvements to— (A) data collected from recipients of grants, contract, and cooperative agreements from the Substance Abuse and Mental Health Services Administration; (B) utilization of outcome measures and evidence-based practices; (C) program performance evaluations; and (D) the impact of grant funding on different age groups and populations, including children and adolescents; (2) a review of how the State plans required under section 1912 of the Public Health Service Act ( 42 U.S.C. 300x–1 ) and section 1932 of such Act ( 42 U.S.C. 300x–32 ) and reports required under section 1942 of such Act ( 42 U.S.C. 300x–52 ) could be updated and simplified; and (3) areas to improve dissemination and how data should be reported to the public. 22. Primary care training and enhancement for mental health Section 747(c)(2) of the Public Health Service Act ( 42 U.S.C. 293k(c)(2) ) is amended— (1) by striking Fifteen percent and inserting the following: (A) Physician assistant training programs Fifteen percent ; and (2) by adding at the end the following: (B) Mental health programs Ten percent of the amount appropriated pursuant to paragraph (1) in each such fiscal year shall be allocated to training programs focused on mental health, with an emphasis on primary care for pediatric populations. . | https://www.govinfo.gov/content/pkg/BILLS-117s4170is/xml/BILLS-117s4170is.xml |
117-s-4171 | II 117th CONGRESS 2d Session S. 4171 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Menendez (for himself, Mr. Risch , Mr. Kaine , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.
1. Short title This Act may be cited as the International Trafficking Victims Protection Reauthorization Act of 2022. . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Combating human trafficking abroad Sec. 101. United States support for integration of anti-trafficking in persons interventions in multilateral development banks. Sec. 102. Expanding prevention efforts at the United States Agency for International Development. Sec. 103. Counter-trafficking in persons efforts in development cooperation and assistance policy. Sec. 104. Technical amendments to tier rankings. Sec. 105. Modifications to the program to end modern slavery. Sec. 106. Clarification of nonhumanitarian, nontrade-related foreign assistance. Sec. 107. Expanding protections for domestic workers of official and diplomatic visa holders. Sec. 108. Effective dates. TITLE II—Authorization of appropriations Sec. 201. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000. Sec. 202. Extension of authorizations under the International Megan’s Law. TITLE III—Briefings Sec. 301. Briefing on annual trafficking in person’s report. Sec. 302. Briefing on use and justification of waivers. I Combating human trafficking abroad 101. United States support for integration of anti-trafficking in persons interventions in multilateral development banks (a) Requirements The Secretary of the Treasury, in consultation with the Secretary of State acting through the Ambassador-at-Large to Monitor and Combat Trafficking in Persons, shall instruct the United States Executive Director of each multilateral development bank (as defined in section 110(d) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(d) )) to encourage the inclusion of a counter-trafficking strategy, including risk assessment and mitigation efforts as needed, in proposed projects in countries listed— (1) on the Tier 2 Watch List (required under section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(2)(A) ), as amended by section 104(a)); (2) under subparagraph (C) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) ) (commonly referred to as “tier 3”); and (3) as Special Cases in the most recent report on trafficking in persons required under such section (commonly referred to as the “Trafficking in Persons Report”). (b) Briefings Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall brief the appropriate congressional committees regarding the implementation of this section. (c) GAO report Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that details the activities of the United States relating to combating human trafficking, including forced labor, within multilateral development projects. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 102. Expanding prevention efforts at the United States Agency for International Development (a) In general In order to strengthen prevention efforts by the United States abroad, the Administrator of the United States Agency for International Development (referred to in this section as the Administrator ) shall, to the extent practicable and appropriate— (1) encourage the integration of activities to counter trafficking in persons (referred to in this section as C-TIP ) into broader assistance programming; (2) determine a reasonable definition for the term C-TIP Integrated Development Programs, which shall include any programming to address health, food security, economic development, education, democracy and governance, and humanitarian assistance that includes a sufficient C-TIP element; and (3) ensure that each mission of the United States Agency for International Development (referred to in this section as USAID )— (A) integrates a C-TIP component into development programs, project design, and methods for program monitoring and evaluation, as necessary and appropriate, when addressing issues, including— (i) health; (ii) food security; (iii) economic development; (iv) education; (v) democracy and governance; and (vi) humanitarian assistance; (B) continuously adapts, strengthens, and implements training and tools related to the integration of a C-TIP perspective into the work of development actors; and (C) encourages USAID Country Development Cooperation Strategies to include C-TIP components in project design, implementation, monitoring, and evaluation, as necessary and appropriate. (b) Reports and briefings required (1) In general Not later than 1 year after the date of the enactment of an Act making appropriations for the Department of State, Foreign Operations, and Related Programs through fiscal year 2026, the Secretary of State, in consultation with the Administrator, shall submit to the appropriate congressional committees a report on obligations and expenditures of all funds managed by the Department of State and USAID in the prior fiscal year to combat human trafficking and forced labor, including integrated C-TIP activities. (2) Contents The report required by paragraph (1) shall include— (A) a description of funding aggregated by program, project, and activity; and (B) a description of the management structure at the Department of State and USAID used to manage such programs. (3) Biennial briefing Not later than 6 months of after the date of the enactment of this Act, and every 2 years thereafter through fiscal year 2026, the Secretary of State, in consultation with the Administrator, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the implementation of subsection (a). (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 103. Counter-trafficking in persons efforts in development cooperation and assistance policy The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended— (1) in section 102(b)(4)( 22 U.S.C. 2151–1(b)(4) )— (A) in subparagraph (F), by striking and at the end; (B) in subparagraph (G), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (H) effective counter-trafficking in persons policies and programs. ; and (2) in section 492(d)(1)( 22 U.S.C. 2292a(d)(1) )— (A) by striking that the funds and inserting the following: “that— (A) the funds ; (B) in subparagraph (A), as added by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (B) in carrying out the provisions of this chapter, the President shall, to the greatest extent possible— (i) ensure that assistance made available under this section does not create or contribute to conditions that can be reasonably expected to result in an increase in trafficking in persons who are in conditions of heightened vulnerability as a result of natural and manmade disasters; and (ii) integrate appropriate protections into the planning and execution of activities authorized under this chapter. . 104. Technical amendments to tier rankings (a) Modifications to tier 2 watch list Section 110(b)(2) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(2) ), is amended— (1) in the paragraph heading, by striking Special and inserting Tier 2 ; and (2) in subparagraph (A)— (A) by striking of the following countries and all that follows through annual report, where— and inserting of countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report, in which— ; and (B) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and moving such clauses (as so redesignated) 2 ems to the left. (b) Modification to special rule for downgraded and reinstated countries Section 110(b)(2)(F) of such Act ( 22 U.S.C. 7107(b)(2)(F) ) is amended— (1) in the matter preceding clause (i), by striking special watch list described in subparagraph (A)(iii) for more than 1 consecutive year after the country and inserting Tier 2 watch list described in subparagraph (A) for more than one year immediately after the country consecutively ; (2) in clause (i), in the matter preceding subclause (I), by striking special watch list described in subparagraph (A)(iii) and inserting Tier 2 watch list described in subparagraph (A) ; and (3) in clause (ii), by inserting in the year following such waiver under subparagraph (D)(ii) after paragraph (1)(C) . (c) Conforming amendments (1) Trafficking Victims Protection Act of 2000 Section 110(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b) ), as amended by subsections (a) and (b), is further amended— (A) in paragraph (2)— (i) in subparagraph (B), by striking special watch list and inserting Tier 2 watch list ; (ii) in subparagraph (C)— (I) in the subparagraph heading, by striking special watch list and inserting Tier 2 watch list ; and (II) by striking special watch list and inserting Tier 2 watch list ; and (iii) in subparagraph (D)— (I) in the subparagraph heading, by striking special watch list and inserting Tier 2 watch list ; and (II) in clause (i), by striking special watch list and inserting Tier 2 watch list ; (B) in paragraph (3)(B), in the matter preceding clause (i), by striking clauses (i), (ii), and (iii) of ; and (C) in paragraph (4)— (i) in subparagraph (A), in the matter preceding clause (i), by striking each country described in paragraph (2)(A)(ii) and inserting each country described in paragraph (2)(A) ; and (ii) in subparagraph (D)(ii), by striking the Special Watch List and inserting the Tier 2 watch list . (2) Frederick Douglass Trafficking Victims Prevention And Protection Reauthorization Act of 2018 Section 204(b)(1) of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 ( Public Law 115–425 ) is amended by striking “special watch list” and inserting “Tier 2 watch list”. (3) Bipartisan Congressional Trade Priorities and Accountability Act of 2015 Section 106(b)(6)(E)(iii) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4205(b)(6)(E)(iii) is amended by striking under section and all that follows and inserting under section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(2)(A) ) . 105. Modifications to the program to end modern slavery (a) In general Section 1298 of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 7114 ) is amended— (1) in subsection (a)(1), by striking Not later than 90 days after the date of the enactment of this Act and inserting Not later than 90 days after the date of the enactment of the International Trafficking Victims Protection Reauthorization Act of 2022 ; (2) in subsection (g)— (A) by striking Appropriations in the heading and all that follows through There is authorized and inserting Appropriations .—There is authorized ; and (B) by striking paragraph (2); and (3) in subsection (h)(1), by striking Not later than September 30, 2018, and September 30, 2020 and inserting Not later than September 30, 2022, and September 30, 2026 . (b) Eligibility To be eligible for funding under the Program to End Modern Slavery of the Office to Monitor and Combat Trafficking in Persons, a grant recipient shall— (1) publish the names of all subgrantee organizations on a publicly available website; or (2) if the subgrantee organization expresses a security concern, the grant recipient shall relay such concerns to the Secretary of State, who shall transmit annually the names of all subgrantee organizations in a classified annex to the chairs of the appropriate congressional committees (as defined in section 1298(i) of the National Defense Authorization Act of 2017 ( 22 U.S.C. 7114(i) )). (c) Award of funds All grants issued under the program referred to in subsection (b) shall be— (1) awarded on a competitive basis; and (2) subject to the regular congressional notification procedures applicable with respect to grants made available under section 1298(b) of the National Defense Authorization Act of 2017 ( 22 U.S.C. 7114(b) ). 106. Clarification of nonhumanitarian, nontrade-related foreign assistance (a) Clarification of scope of withheld assistance Section 110(d)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(d)(1) ) is amended to read as follows: (1) Withholding of assistance The President has determined that— (A) the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the central government of the country or funding to facilitate the participation by officials or employees of such central government in educational and cultural exchange programs, for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; and (B) the President will instruct the United States Executive Director of each multilateral development bank and of the International Monetary Fund to vote against, and to use the Executive Director’s best efforts to deny, any loan or other utilization of the funds of the respective institution to that country (other than for humanitarian assistance, for trade-related assistance, or for development assistance that directly addresses basic human needs, is not administered by the central government of the sanctioned country, and is not provided for the benefit of that government) for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance. . (b) Definition of non-Humanitarian, nontrade related assistance Section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) ) is amended to read as follows: (10) Nonhumanitarian, nontrade-related foreign assistance (A) In general The term nonhumanitarian, nontrade-related foreign assistance means— (i) United States foreign assistance, other than— (I) with respect to the Foreign Assistance Act of 1961— (aa) assistance for international narcotics and law enforcement under chapter 8 of part I of such Act ( 22 U.S.C. 2291 et seq. ); (bb) assistance for International Disaster Assistance under subsections (b) and (c) of section 491 of such Act ( 22 U.S.C. 2292 ); (cc) antiterrorism assistance under chapter 8 of part II of such Act ( 22 U.S.C. 2349aa et seq. ); and (dd) health programs under chapters 1 and 10 of part I and chapter 4 of part II of such Act ( 22 U.S.C. 2151 et seq. ); (II) assistance under the Food for Peace Act ( 7 U.S.C. 1691 et seq. ); (III) assistance under sections 2(a), (b), and (c) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601(a) , (b), (c)) to meet refugee and migration needs; and (IV) any form of United States foreign assistance provided through nongovernmental organizations, international organizations, or private sector partners— (aa) to combat human and wildlife trafficking; (bb) to promote food security; (cc) to respond to emergencies; (dd) to provide humanitarian assistance; (ee) to address basic human needs, including for education; (ff) to advance global health security; or (gg) to promote trade; (ii) sales, or financing any terms, under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), other than sales or financing provided for narcotics-related purposes following notification in accordance with the prior notification procedures applicable to reprogrammings pursuant to section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ); or (iii) any other form of United States foreign assistance that the President determines, by not later than October 1 of each fiscal year, is necessary to advance the security, economic, humanitarian, or global health interests of the United States without compromising the steadfast U.S. commitment to combatting human trafficking globally. (B) Exclusions The term nonhumanitarian, nontrade-related foreign assistance shall not include payments to or the participation of government entities necessary or incidental to the implementation of a program that is otherwise consistent with section 110. . 107. Expanding protections for domestic workers of official and diplomatic visa holders Section 203(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375c(b) ) is amended by inserting after paragraph (4) the following: (5) National expansion of in-person registration program The Secretary shall administer the Domestic Worker In-Person Registration Program for employees with A–3 visas or G–5 visas employed by accredited foreign mission members or international organization employees and shall expand this program nationally, which shall include— (A) after the arrival of each such employee in the United States, and annually during the course of such employee's employment, a description of the rights of such employee under applicable Federal and State law; and (B) provision of a copy of the pamphlet developed pursuant to section 202 to the employee with an A–3 visa or a G–5 visa; and (C) information on how to contact the National Human Trafficking Hotline. (6) Monitoring and training of A–3 and G–5 visa employers accredited to foreign missions and international organizations The Secretary shall— (A) inform embassies, international organizations, and foreign missions of the rights of A–3 and G–5 domestic workers under the applicable labor laws of the United States, including the fair labor standards described in the pamphlet developed pursuant to section 202. Information provided to foreign missions, embassies, and international organizations should include material on labor standards and labor rights of domestic worker employees who hold A–3 and G–5 visas; (B) inform embassies, international organizations, and foreign missions of the potential consequences to individuals holding a nonimmigrant visa issued pursuant to subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) who violate the laws described in subclause (I)(aa), including (at the discretion of the Secretary)— (i) the suspension of A–3 visas and G–5 visas; (ii) request for waiver of immunity; (iii) criminal prosecution; (iv) civil damages; and (v) permanent revocation of or refusal to renew the visa of the accredited foreign mission or international organization employee; and (C) require all accredited foreign mission and international organization employers of individuals holding A–3 visas or G–5 visas to report the wages paid to such employees on an annual basis. . 108. Effective dates Sections 104(b) and 106 and the amendments made by those sections take effect on the date that is the first day of the first full reporting period for the report required by section 110(b)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) ) after the date of the enactment of this Act. II Authorization of appropriations 201. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000 Section 113 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7110 ) is amended— (1) in subsection (a), by striking 2018 through 2021, $13,822,000 and inserting 2023 through 2026, $17,000,000 ; and (2) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by striking 2018 through 2021, $65,000,000 and inserting 2023 through 2026, $102,500,000, of which $22,000,000 shall be made available each fiscal year to the United States Agency for International Development and the remainder of ; (B) in subparagraph (C), by striking ; and at the end and inserting a semicolon; (C) in subparagraph (D), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (E) to fund programs to end modern slavery, in an amount not to exceed $37,500,000 for each of the fiscal years 2023 through 2026. . 202. Extension of authorizations under the International Megan’s Law Section 11 of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders ( 34 U.S.C. 21509 ) is amended by striking 2018 through 2021 and inserting 2023 through 2026 . III Briefings 301. Briefing on annual trafficking in person’s report Not later than 30 days after the public designation of country tier rankings and subsequent publishing of the Trafficking in Persons Report, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on— (1) countries that were downgraded or upgraded in the most recent Trafficking in Persons Report; and (2) the efforts made by the United States to improve counter-trafficking efforts in those countries, including foreign government efforts to better meet minimum standards to eliminate human trafficking. 302. Briefing on use and justification of waivers Not later than 30 days after the President has determined to issue a waiver under section 110(d)(5) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(d)(5) ), the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on— (a) each country that received a waiver; (b) the justification for each such waiver; and (c) a description of the efforts made by each country to meet the minimum standards to eliminate human trafficking. | https://www.govinfo.gov/content/pkg/BILLS-117s4171is/xml/BILLS-117s4171is.xml |
117-s-4172 | II 117th CONGRESS 2d Session S. 4172 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Cruz (for himself, Mr. Rubio , Mr. Hawley , Mr. Marshall , Mr. Scott of Florida , Mr. Johnson , Mr. Crapo , Mr. Cramer , Mr. Paul , Mr. Hoeven , Mr. Lankford , Mr. Risch , Mr. Braun , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend the National Defense Authorization Act for Fiscal Year 2022 to modify the limitation on discharge of members of the Armed Forces solely on the basis of failure to obey a lawful order to receive a vaccine for COVID–19, and for other purposes.
1. Short title This Act may be cited as the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2022 or the AMERICANS Act . 2. Modification of limitation on actions based solely on failure to obey an order to receive a vaccine for COVID–19 Section 736 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) is amended— (1) by amending the section heading to read as follows: Limitations on punishment solely on basis of failure to obey order to receive COVID–19 vaccine ; (2) in subsection (a)— (A) by striking a lawful and inserting an ; and (B) by striking shall be and all that follows through the period at the end and inserting shall be an honorable discharge ; (3) by redesignating subsection (b) as subsection (f); (4) by inserting after subsection (a) the following new subsections: (b) Prohibition on adverse action The Secretary of Defense may not take any adverse action against a covered member based solely on the refusal of such member to receive a vaccine for COVID–19. (c) Remedies available for a covered member discharged or punished based on COVID–19 status At the election of a covered member and upon application through a process established by the Secretary of Defense, the Secretary shall— (1) adjust to honorable discharge the status of the member if— (A) the member was separated from the Armed Forces based solely on the failure of the member to obey an order to receive a vaccine for COVID–19; and (B) the discharge status of the member would have been an honorable discharge but for the refusal to obtain such vaccine; (2) reinstate the member at the grade held by the member immediately prior to the involuntary separation of the member; (3) expunge from the service record of the member any reference to any adverse action based solely on COVID–19 status, including involuntary separation; and (4) include the time of involuntary separation of the member reinstated under paragraph (2) in the computation of the retired or retainer pay of the member. (d) Attempt To avoid discharge The Secretary of Defense shall— (1) make every effort to retain members of the Armed Forces who are not vaccinated against COVID–19; (2) create an exemption to the requirement that members of the Armed Forces be vaccinated against COVID–19 for such members with natural immunity; and (3) recognize an exemption to the requirement that members of the Armed Forces be vaccinated against COVID–19 based on an underlying health condition or the sincerely held religious beliefs of an individual member. (e) Report on religious exemptions to COVID–19 vaccine Not later than 90 days after the date of the enactment of the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2022 , the Secretary of Defense shall submit to Congress a report on the number of religious exemptions submitted by members of Armed Forces for the requirement that such members be vaccinated against COVID–19, which shall include how many were approved and how many denied, disaggregated by religious denomination. ; and (5) in subsection (f), as redesignated by paragraph (3)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) inserting before paragraph (2) the following new paragraph (1): (1) The term adverse action includes discharge, punishment, retaliation, disparate treatment, a requirement to wear a mask, or a requirement to reside in sub-standard housing or endure sub-standard conditions. ; and (C) in paragraph (3), as redesignated by subparagraph (A)— (i) by striking means a member and inserting “means— (A) a member ; (ii) in subparagraph (A), as designated by clause (i), by striking the period at the end and insert a semicolon; and (iii) by adding at the end the following new subparagraphs: (B) an individual enrolled at a military service academy; or (C) an individual enrolled in the Junior Reserve Officers’ Training Corps (JROTC) or Senior Reserve Officers’ Training Corps (SROTC) program. . | https://www.govinfo.gov/content/pkg/BILLS-117s4172is/xml/BILLS-117s4172is.xml |
117-s-4173 | II 117th CONGRESS 2d Session S. 4173 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Whitehouse (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the CALM Act to include video streaming services, and for other purposes.
1. Short title This Act may be cited as the Commercial Advertisement Loudness Mitigation Modernization Act of 2022 or the CALM Modernization Act of 2022 . 2. Modernization of the CALM act and rulemaking on loud commercials on streaming video (a) Amendments The CALM Act ( Public Law 111–311 ; 124 Stat. 3294) is amended— (1) in section 2 ( 47 U.S.C. 621 )— (A) by striking Federal Communications Commission each place the term appears and inserting Commission ; (B) by striking subsection (c) and inserting the following: (c) Compliance (1) Rebuttable presumption There is a rebuttable presumption that any television broadcast station, cable operator, or other multichannel video programming distributor that installs, uses, and maintains in a commercially reasonable manner the equipment and associated software in compliance with the regulations issued by the Commission in accordance with subsection (a) is in compliance with those regulations. (2) Factors to determine rebuttal In determining whether the presumption of compliance under paragraph (1) has been rebutted with respect to a television broadcast station, cable operator, or other multichannel video programming distributor, the Commission shall consider the following: (A) The number of complaints regarding loud commercials the Commission has received with respect to that station, operator, or other distributor. (B) Substantive patterns or trends from complaints on loud commercials the Commission has received. (C) Data and conclusions in any report issued by a Federal agency (including the Government Accountability Office) regarding the effectiveness of this Act in moderating the loudness of commercials in comparison with accompanying video programming. (D) Any other factor established by the Commission by regulation. ; and (C) in subsection (d)— (i) by redesignating paragraph (1) as paragraph (3) and moving it to appear after paragraph (2); (ii) in paragraph (3), as so redesignated, by striking ; and at the end and inserting a period; (iii) by redesignating paragraph (2) as paragraph (1); (iv) in paragraph (1), as so redesignated— (I) by striking multi-channel and inserting multichannel ; and (II) by striking the period at the end and inserting a semicolon; and (v) by inserting after paragraph (1), as so redesignated, the following: (2) the term Commission means the Federal Communications Commission; and ; and (2) by adding at the end the following: 3. Rulemaking on loud commercials on streaming video (a) Rulemaking required for loud streaming video commercials (1) In general Not later than 1 year after the date of enactment of this section, the Commission shall prescribe pursuant to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) a regulation that prohibits video streaming services from transmitting the audio of commercial advertisements louder than the video content the advertisements accompany in a manner that is similar in effect to the regulation prescribed under section 2. (2) Rebuttable presumption In prescribing the regulation under paragraph (1), the Commission may include a rebuttable presumption provision that is similar to the rebuttable presumption under section 2(c) if it is practicable and warranted for effective enforcement of this section. (3) Effective date Except as provided in paragraph (4), the regulation required under paragraph (1) shall take effect 180 days after the date on which the regulation is published in the Federal Register. (4) Extension of effective date The Commission may extend the effective date described in paragraph (3) for 1 year for any video streaming service that demonstrates that complying with the regulation would result in significant financial hardship. (5) Updates The Commission shall update the regulation prescribed under paragraph (1) as necessary. (b) Definitions In this section: (1) Commission The term Commission means the Federal Communications Commission. (2) Video programming The term video programming has the meaning given the term in section 713(h) of the Communications Act of 1934 ( 47 U.S.C. 613(h) ). (3) Video streaming service The term video streaming service — (A) means an entity that makes available directly to the end user through a distribution method that uses internet protocol— (i) video programming; or (ii) video content the entity makes available for users to view; and (B) does not include— (i) a television broadcast station, cable operator, or other multichannel video programming distributor (as those terms are defined in section 2(d)), only with respect to commercial advertisements and video programming subject to section 2; or (ii) an entity that serves video programming or video content that is served without video commercial advertisements. 4. Enforcement (a) In general The Federal Communications Commission shall implement and enforce this Act as if this Act were a part of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ). (b) Violations A violation of this Act, or a regulation promulgated under this Act, shall be considered to be a violation of the Communications Act of 1934, or a regulation promulgated under that Act, respectively. (c) No citation required Paragraph (5) of section 503(b) of the Communications Act of 1934 ( 47 U.S.C. 503(b) ) shall not apply to a determination of forfeiture liability under that subsection against a person who commits a violation described in subsection (b) of this section. . (b) GAO report on CALM Act enforcement (1) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on section 2 of the CALM Act ( 47 U.S.C. 621 ), as amended by subsection (a), that— (A) analyzes the effectiveness of that section in moderating the loudness of commercials in comparison to accompanying video programming; (B) evaluates the ability of the Federal Communications Commission to effectively moderate the loudness of commercials in comparison to accompanying video programming under subsection (c) of that section; and (C) as appropriate, recommends policy solutions that would enable better moderation of the loudness of commercials in comparison to accompanying video programming. (2) Video programming defined In this subsection, the term video programming has the meaning given the term in section 713(h) of the Communications Act of 1934 ( 47 U.S.C. 613(h) ). | https://www.govinfo.gov/content/pkg/BILLS-117s4173is/xml/BILLS-117s4173is.xml |
117-s-4174 | II 117th CONGRESS 2d Session S. 4174 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mrs. Murray (for herself, Mr. Schatz , Mr. Markey , Mr. Wyden , Ms. Cantwell , Mr. Casey , Mr. Booker , Mr. Padilla , Ms. Warren , Ms. Baldwin , Ms. Smith , Mr. Hickenlooper , Mr. Brown , Mr. Sanders , Mr. Cardin , Ms. Stabenow , Mr. Van Hollen , Mr. Murphy , Mr. Merkley , Mrs. Gillibrand , Ms. Duckworth , Ms. Klobuchar , Mr. Durbin , Mrs. Feinstein , Mr. Blumenthal , Ms. Hirono , Mr. Reed , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes.
1. Short title This Act may be cited as the Wage Theft Prevention and Wage Recovery Act . 2. Findings Congress finds the following: (1) Wage theft occurs when an employer does not pay an employee for work that the employee has performed, depriving the worker of wages and earnings to which the worker is legally entitled. This theft occurs in many forms, including by employers violating minimum wage requirements, failing to pay overtime compensation, requiring off-the-clock work, failing to provide final payments, misclassifying employees as being exempt from overtime compensation or as independent contractors rather than as employees, and improperly withholding tips. (2) Wage theft poses a serious and growing problem across industries for working individuals of the United States. Wage theft is widespread and is estimated to cost workers more than $15,000,000,000 per year. In certain industries, compliance with Federal wage and hour laws is less than 50 percent. (3) Wage theft is closely associated with employment discrimination, with women, immigrants, and racial and ethnic minorities being disproportionately affected. Women are significantly more likely to experience minimum wage violations than men, foreign-born workers are nearly 2 times as likely to experience minimum wage violations as their counterparts born in the United States, and African Americans are 3 times more likely to experience minimum wage violations than their White counterparts. (4) Wage theft is closely associated with unsafe working conditions. (5) Wage theft— (A) depresses the wages of working families who are already struggling to make ends meet; (B) strains social services funds; (C) diminishes consumer spending power and hurts local economies; (D) reduces vital State and Federal tax revenues; (E) places law-abiding employers at a competitive disadvantage with noncompliant employers; (F) burdens commerce and the free flow of goods; and (G) lowers labor standards throughout labor markets. (6) Low-wage workers are at the greatest risk of suffering from wage theft. A survey of 4,387 low-wage workers in New York, Los Angeles, and Chicago found that 68 percent of the workers surveyed had experienced some form of wage theft in the workweek immediately before the survey was conducted. These workers experienced a range of wage and hour violations: 26 percent of such workers were not paid minimum wage; 76 percent of such workers who worked more than 40 hours in the workweek immediately before the survey was conducted were not paid at the overtime rate; and, in the year before the survey was conducted, 43 percent of the workers who attempted to address such issues by filing a complaint with their employer or who attempted to form a labor organization experienced retaliation by their employers, including by being fired, suspended, or receiving threats of reductions in their hours or pay. (7) In 2012, State and Federal authorities as well as private attorneys recovered at least $933,000,000 in wage theft enforcement actions, which was nearly 3 times the value of all bank robberies, residential robberies, convenience store and gas station robberies, and street robberies in the United States during that year. (8) A Department of Labor study of wage theft in California and New York found that wage theft deprived workers of 37 percent to 49 percent of their income, pushing at least 15,000 families below the poverty line and driving another 50,000 to 100,000 families deeper into poverty. (9) A study analyzing wage theft claims in the State of Washington from 2009 to 2013 estimated that the total economic cost of wage theft to the State totaled more than $64,000,000 resulting from the lower economic activity and spending of low-wage workers due to their lost wages. (10) A Department of Labor study of wage violations in California and New York found that wage theft deprived families of $5,600,000 in possible earned income tax credits and resulted in a $22,000,000 loss in State tax revenue, a $238,000,000 loss in payroll tax revenue, and a $113,000,000 loss in Federal income tax revenue. (11) Barriers to addressing wage theft continue to exist decades after the enactment of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). These barriers have resulted, in significant part, because enforcement of such Act has not worked as Congress originally intended and because many of the provisions of such Act do not include sufficient penalties to discourage violations. Improvements to enforcement and amendments to such Act are necessary to ensure that such Act provides effective protection to individuals subject to wage theft. (12) The lack of a Federal right for employees to receive full compensation at the agreed upon wage rate for all work performed by the employee has resulted in workers being able to recover only the applicable minimum wage, or the overtime rate if applicable, when employers engage in wage theft. (13) The lack of a Federal requirement to provide employees with paystubs indicating how their pay is calculated or to allow employees to inspect their employers’ payroll records significantly impedes efforts to identify and challenge wage theft. (14) The lack of a Federal requirement to pay employees their final payments in a timely manner upon termination of the employment relationship between the employer and employee has led to unreasonable, and sometimes indefinite, delays in compensation after an employment relationship ends. (15) While the Fair Labor Standards Act of 1938, and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, require employers to compensate employees at the minimum wage rate and to provide overtime compensation when appropriate, the lack of civil penalties for most violations of these requirements has dampened their effectiveness. (16) While the Fair Labor Standards Act of 1938 and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, provide employees who are subject to wage theft with the right to unpaid minimum wages or unpaid overtime compensation plus an additional equal amount as liquidated damages, this low level of damages has proved insufficient to deter employers from stealing the wages of their employees. (17) While the Fair Labor Standards Act of 1938 and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, require employers to keep records of employees’ pay, the lack of remedies beyond injunctive relief for this requirement diminishes the effectiveness of the requirement. (18) While the Fair Labor Standards Act of 1938 and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, provide for limited criminal penalties when employers violate the provisions of such Act, the Secretary of Labor rarely resorts to these penalties, causing them to serve as a hollow threat. (19) The statute of limitations under section 6 of the Portal-to-Portal Act of 1947 ( 29 U.S.C. 255 ), as in effect on the day before the date of enactment of this Act, precludes employees from commencing a claim for wage theft more than 2 years after the cause of action accrued, or more than 3 years after the cause of action accrued if the claim is with respect to a willful violation by the employer. Additionally, the statute of limitations is not automatically suspended while the Secretary of Labor investigates a complaint. These strict confines of the statute of limitations sometimes result in employees being deprived of their ability to institute a private lawsuit against their employer in order to recover their stolen wages. (20) Section 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) ), as in effect on the day before the date of enactment of this Act, requires employees to affirmatively opt-in in order to be a party plaintiff in a collective action brought by another aggrieved employee seeking to recover stolen wages in court. This provision limits the ability of employees to unite and pursue private lawsuits against employers. (21) Under the penalty structure of the Fair Labor Standards Act of 1938, as in effect on the day before the date of enactment of this Act, many employers who are caught violating such Act continue to violate the Act. A Department of Labor investigation found that one-third of employers who had previously engaged in wage theft continued to do so. (22) The Government Accountability Office and the Department of Labor have recognized that when employers are assessed civil penalties, they are more likely to comply with the law in the future and other employers in the same region—regardless of industry—are also more likely to comply with the law. (23) States that have enacted legislation to address wage theft by increasing the damages to which employees are entitled following violations of wage and hour laws have positively impacted the workers in such States. However, many States have not enacted such legislation and, worse still, some States do not have any laws protecting workers from wage theft or even agencies to enforce workers’ rights to compensation for work. This discrepancy in State laws has resulted in a fragmentation of workers’ rights across the United States, with some workers having a measure of protection from wage theft and other workers being left extremely vulnerable to wage theft. (24) Effective enforcement of wage and hour laws is critical to increasing compliance. Given the limited resources available for enforcement, enhanced strategic enforcement of Federal wage and hour laws is crucial. (25) For enhanced strategic enforcement to be effective, government regulators must work with community stakeholders who have direct knowledge of ongoing violations of Federal wage and hour requirements and who are in a position to prevent such violations. (26) Partnerships between regulators, workers, nonprofit organizations, and businesses can increase compliance by educating workers about their rights, collecting evidence, reporting violations, identifying noncompliant employers, and modeling good practices. (27) Partnerships between regulators, workers, nonprofit organizations, and businesses have been successful in combating wage theft. In 2006, the Division of Labor Standards Enforcement of the State of California created a janitorial enforcement team to work closely with a local janitorial watchdog organization. As of 2015, the partnership had resulted in countless administrative, civil, and criminal actions against employers and in the collection of more than $68,000,000 in back pay for janitorial workers. (28) The Comptroller General of the United States has recommended that the Department of Labor identify ways to leverage its resources to better combat wage theft by improving services provided through partnerships. 3. Purposes The purposes of this Act are to prevent wage theft and facilitate the recovery of stolen wages by— (1) strengthening the penalties for engaging in wage theft; (2) giving workers the right to receive, in a timely manner, full compensation for the work they perform, certain disclosures, regular paystubs, and final payments; (3) providing workers with improved tools to recover their stolen wages in court; and (4) making assistance available to enhance enforcement of and compliance with Federal wage and hour laws through— (A) supporting initiatives that address and prevent violations of such laws and assist workers in wage recovery; (B) supporting individual entities and developing community partnerships that expand and improve cooperative efforts between enforcement agencies and community-based organizations in the prevention of wage and hour violations and enforcement of wage and hour laws; (C) expanding outreach to workers in industries or geographic areas identified by the Secretary of Labor as highly noncompliant with Federal wage and hour laws; (D) improving detection of employers who are not complying with such laws and aiding in the identification of violations of such laws; and (E) facilitating the collection of evidence to assist enforcement efforts. I Amendments to the Fair Labor Standards Act of 1938 101. Requirements to provide certain disclosures, regular paystubs, and final payments The Fair Labor Standards Act of 1938 is amended by inserting after section 4 ( 29 U.S.C. 204 ) the following: 5. Requirements to provide certain disclosures, regular paystubs, and final payments (a) Disclosures (1) Initial disclosures Not later than 15 days after the date on which an employer hires an employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, the employer of such employee shall provide such employee with an initial disclosure containing the information described in paragraph (3). Such initial disclosure shall be— (A) provided as a written statement or, if the employee so chooses, as a digital document provided through electronic communication; and (B) made available in the employee’s primary language. (2) Modification disclosures Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). (3) Information The information described in this paragraph shall include— (A) the rate of pay and whether the employee is paid by the hour, shift, day, week, or job, or by salary, piece rate, commission, or other form of compensation; (B) (i) an indication of whether the employee is being classified by the employer as an employee subject to the minimum wage requirements of section 6 or as an employee that is exempt from (or otherwise not subject to) such requirements as provided under section 3(m)(2), 6, 13, or 14; and (ii) in the case that such employee is not classified as being an employee subject to such minimum wage requirements, an identification of the section described in clause (i) providing for such classification; (C) (i) an indication of whether the employee is being classified by the employer as an employee subject to the overtime compensation requirements of section 7 or as an employee exempt from such requirements as provided under section 7 or 13; and (ii) in the case that such employee is not classified as being an employee subject to such overtime compensation requirements, an identification of the section described in clause (i) providing for such classification; (D) the name of the employer and any other name used by the employer to conduct business; and (E) the physical address of and telephone number for the employer’s main office or principal place of business, and a mailing address for such office or place of business if the mailing address is different than the physical address. (b) Paystubs (1) In general Every employer shall provide each employee of such employer who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, a paystub that corresponds to work performed by the employee during the applicable pay period and contains the information required under paragraph (3) in any form provided under paragraph (2). (2) Forms A paystub required under this subsection shall be a written statement and may be provided in any of the following forms: (A) As a separate document accompanying any payment to an employee for work performed during the applicable pay period. (B) In the case of an employee who receives paychecks from the employer, as a detachable statement accompanying each paycheck. (C) As a digital document provided through electronic communication, subject to the employee affirmatively consenting to receive the paystubs in this form. (3) Contents Each paystub shall contain all of the following information: (A) The name of the employee. (B) Except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the total number of hours worked by the employee, including the number of hours worked per workweek, during the applicable pay period. (C) The total gross and net wages paid, and, except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the rate of pay for each hour worked during the applicable pay period. (D) In the case of an employee who is paid any salary, the amount of any salary paid during the applicable pay period. (E) In the case of an employee employed at piece rates, the number of piece rate units earned, the applicable piece rates, and the total amount paid to the employee per workweek for the applicable pay period in accordance with such piece rates. (F) The rate of pay per workweek of the employee during the applicable pay period and an explanation of the basis for such rate. (G) The number of overtime hours per workweek worked by the employee during the applicable pay period and the compensation required under section 7 that is provided to the employee for such hours. (H) Any additional compensation provided to the employee during the applicable pay period, with an explanation of each type of compensation, including any allowances or reimbursements such as amounts related to meals, clothing, lodging, or any other item, and any cost to the employee associated with such allowance or reimbursements. (I) Itemized deductions from the gross income of the employee during the applicable pay period, and an explanation for each deduction. (J) The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period. (K) The name of the employer and any other name used by the employer to conduct business. (L) The name and phone number of a representative of the employer for contact purposes. (M) Any additional information that the Secretary reasonably requires to be included through notice and comment rulemaking. (c) Final payments (1) In general Not later than 14 days after an individual described in paragraph (4) terminates employment with an employer (by action of the employer or the individual), or on the date on which such employer pays other employees for the pay period during which the individual so terminates such employment, whichever date is earlier, the employer shall provide the individual with a final payment, which includes all compensation due to such individual for all time worked and benefits incurred (including retirement, health, leave, fringe, and other benefits) by the individual as an employee for the employer. (2) Continuing wages An employer who violates the requirement under paragraph (1) shall, for each day, not to exceed 30 days, of such violation provide the individual described in paragraph (4) with compensation at a rate that is equal to the regular rate of compensation, as determined under this Act, to which such individual was entitled when such individual was an employee of such employer. (3) Limitation Notwithstanding paragraphs (1) and (2), any individual described in paragraph (4) who intentionally avoids receiving a final payment described in paragraph (1), or who refuses to receive the final payment when fully tendered, resulting in the employer violating the requirement under such paragraph, shall not be entitled to the compensation provided under paragraph (2) for the time during which the individual so avoids final payment. (4) Individual An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce. . 102. Right to full compensation (a) In general The Fair Labor Standards Act of 1938 is amended by inserting after section 7 ( 29 U.S.C. 207 ) the following: 8. Right to full compensation (a) In general In the case of an employment contract or other employment agreement, including a collective bargaining agreement, that specifies that an employer shall compensate an employee (who is described in subsection (b)) at a rate that is higher than the rate otherwise required under this Act, the employer shall compensate such employee at the rate specified in such contract or other employment agreement. (b) Employee engaged in commerce The requirement under subsection (a) shall apply with respect to any employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce. . (b) Conforming amendment The Fair Labor Standards Act of 1938 is amended by repealing section 10 ( 29 U.S.C. 210 ). 103. Civil and criminal enforcement (a) Prohibited acts Section 15(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a) ) is amended— (1) in paragraph (1), by striking section 6 or section 7 and inserting section 6, 7, or 8 ; and (2) in paragraph (2), by striking section 6 or section 7 and inserting section 5, 6, 7, or 8 . (b) Damages The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended— (1) in section 4(f) ( 29 U.S.C. 204(f) ), in the third sentence, by striking for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages and inserting for unpaid wages, or unpaid overtime compensation, as well as interest and liquidated damages, ; (2) in section 6(d)(3) ( 29 U.S.C. 206(d)(3) ), by striking minimum ; (3) in section 16 ( 29 U.S.C. 216 )— (A) in subsection (b)— (i) by striking section 6 or section 7 each place it appears and inserting section 6, 7, or 8 ; (ii) by striking minimum each place it appears; (iii) in the first sentence, by striking and in an additional equal amount as liquidated damages and inserting , the amount of any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the second sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation ; (iv) in the second sentence, by striking wages lost and an additional equal amount as liquidated damages and inserting wages lost, including any unpaid wages or any unpaid overtime compensation, the amount of any interest on such wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 3 times the amount of such wages lost ; (v) by striking the fifth sentence; and (vi) by adding at the end the following: Notwithstanding chapter 1 of title 9, United States Code (commonly known as the Federal Arbitration Act ), or any other law, the right to bring an action, including a joint, class, or collective claim, in court under this section cannot be waived by an employee as a condition of employment or in a pre-dispute arbitration agreement. ; and (B) in subsection (c)— (i) by striking minimum each place the term appears; (ii) in the first sentence— (I) by striking section 6 or 7 and inserting section 6, 7, or 8 ; and (II) by striking and an additional equal amount as liquidated damages and inserting , any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation ; (iii) in the second sentence, by striking and an equal amount as liquidated damages. and inserting , any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation. In the event that the employer violates section 15(a)(3), the Secretary may bring an action in any court of competent jurisdiction to recover the amount of any wages lost, including any unpaid wages or any unpaid overtime compensation, any interest on such wages lost accrued at the prevailing rate, an additional amount as liquidated damages that is equal to 3 times the amount of such wages lost, and any such legal or equitable relief as may be appropriate. ; and (iv) in the fourth sentence, by striking sections 6 and 7 and inserting section 6, 7, or 8 ; and (4) in section 17 ( 29 U.S.C. 217 ), by striking minimum . (c) Civil fines Section 16(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) (A) Subject to subparagraph (B), any person who violates section 6, 7, or 8, relating to wages, shall be subject to a civil fine that is not to exceed $22,030 per each employee affected for each initial violation of such section. (B) Any person who repeatedly or willfully violates section 6, 7, or 8, relating to wages, shall be subject to a civil fine that is not to exceed $110,150 per each employee affected for each such violation. (C) Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $12,340 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on such wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of such wages lost, as described in subsection (b). ; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7), respectively; and (3) by inserting after paragraph (2) the following: (3) Any person who violates subsection (a) or (b) of section 5 shall— (A) for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and (B) for each repeated or willful violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected. (4) Any person who violates section 11(c) shall— (A) for the initial violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and (B) for each repeated or willful violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected. . (d) Criminal penalties Section 16(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(a) ) is amended— (1) by striking Any person and inserting (1) Any person ; (2) in the first sentence, by striking $10,000 and inserting $10,000 per each employee affected ; (3) in the second sentence, by striking No person and inserting Subject to paragraph (2), no person ; and (4) by adding at the end the following: (2) (A) Notwithstanding any other provision of this Act, the Secretary shall refer any case involving a covered offender described in subparagraph (B) to the Department of Justice for prosecution. (B) A covered offender described in this subparagraph is a person who willfully violates each of the following: (i) Section 11(c) by falsifying any records described in such section. (ii) Section 6, 7, or 8, relating to wages. (iii) Section 15(a)(3). . 104. Recordkeeping (a) In general Section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) is amended by adding at the end the following: “In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. Not later than 21 days after an employee requests such an inspection, the employer shall comply with the request. (b) Rebuttable presumption Section 15 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215 ) is amended by adding at the end the following: (c) In the event that an employer violates section 11(c) and any regulations issued pursuant to such section, resulting in a lack of a complete record of an employee’s hours worked or wages owed, the employee’s production of credible evidence and testimony regarding the amount or extent of the work for which the employee was not compensated in compliance with the requirements under this Act shall be sufficient to create a rebuttable presumption that the employee’s records are accurate. Such presumption shall be rebutted only if the employer produces evidence of the precise amount or extent of work performed or evidence to show that the inference drawn from the employee’s evidence is not reasonable. . II Amendments to the Portal-to-Portal Act of 1947 201. Increasing and tolling statute of limitations Section 6 of the Portal-to-Portal Act of 1947 ( 29 U.S.C. 255 ) is amended— (1) in the matter preceding subsection (a), by striking minimum ; (2) in subsection (a)— (A) by striking may be commenced within two years and inserting may be commenced within 4 years ; (B) by striking unless commenced within two years and inserting unless commenced within 4 years ; and (C) by striking may be commenced within three years and inserting may be commenced within 5 years ; (3) in subsection (d), by striking the period and inserting ; and ; and (4) by adding at the end the following: (e) with respect to the running of any statutory period of limitation described in this section, the running of such statutory period shall be deemed suspended during the period beginning on the date on which the Secretary of Labor notifies an employer of an initiation of an investigation or enforcement action and ending on the date on which the Secretary notifies the employer that the matter has been officially resolved by the Secretary. . III Wage theft prevention and wage recovery grant program 301. Definitions In this title: (1) Administrator The term the Administrator means the Administrator of the Wage and Hour Division of the Department of Labor. (2) Community partner The term community partner means any stakeholder with a commitment to enforcing wage and hour laws and preventing abuses of such laws, including any— (A) State department of labor; (B) attorney general of a State, or other similar authorized official of a political subdivision thereof; (C) law enforcement agency; (D) consulate; (E) employee or advocate of employees, including a labor organization, community and faith-based organization, business association, or nonprofit legal aid organization; (F) academic institution that plans, coordinates, and implements programs and activities to prevent wage and hour violations and recover unpaid wages, damages, and penalties; or (G) any municipal agency responsible for the enforcement of local wage and hour laws. (3) Community partnership The term community partnership means a partnership between— (A) a working group consisting of community partners; and (B) the Department of Labor. (4) Eligible entity The term eligible entity means an entity that is any of the following: (A) A nonprofit organization, including such an organization that is a community-based organization, faith-based organization, or labor organization, that provides services and support to employees, including assisting such employees in recovering unpaid wages. (B) An employer. (C) A business association. (D) An institution of higher education, as defined by section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (E) A partnership between any of the entities described in subparagraphs (A) through (D). (5) Employ; employee; employer The terms employ , employee , and employer have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (6) Secretary The term Secretary means the Secretary of Labor. (7) Strategic enforcement The term strategic enforcement means the process by which the Secretary— (A) targets highly noncompliant industries, as identified by the Secretary, using industry-specific structures to influence, and ultimately reform, networks of interconnected employers; (B) analyzes regulatory regimes under which specific industries operate; and (C) modifies the enforcement approach of such regulatory regimes in order to ensure the greatest impact. (8) Wage and hour law The term wage and hour law means any Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. (9) Wage and hour violation The term wage and hour violation refers to any violation of a Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. 302. Wage theft prevention and wage recovery grant program (a) In general The Secretary, acting through the Administrator, shall provide grants to eligible entities to assist such entities in enhancing the enforcement of wage and hour laws, in accordance with this section and consistent with the purposes of this Act. (b) Grants A grant provided under this section shall be designed to— (1) support an eligible entity in establishing and supporting the activities described in subsection (c)(1); and (2) develop community partnerships to expand and improve cooperative efforts between enforcement agencies and members of the community to— (A) prevent and reduce wage and hour violations; and (B) assist employees in recovering back pay for any such violations. (c) Use of funds (1) Permissible activities The grants described in this section shall assist eligible entities in establishing and supporting activities that include— (A) disseminating information and conducting outreach and training to educate employees about their rights under wage and hour laws; (B) conducting educational training for employers about their obligations under wage and hour laws; (C) conducting orientations and trainings jointly with officials of the Wage and Hour Division of the Department of Labor; (D) providing assistance to employees in filing claims of wage and hour violations; (E) assisting enforcement agencies in conducting investigations, including in the collection of evidence and recovering back pay; (F) monitoring compliance with wage and hour laws; (G) performing joint visitations to worksites that violate wage and hour laws with officials from the Wage and Hour Division of the Department of Labor; (H) establishing networks for education, communication, and participation in the workplace and community; (I) evaluating the effectiveness of programs designed to prevent wage and hour violations and enforce wage and hour laws; (J) recruiting and hiring of staff and volunteers; (K) production and dissemination of outreach and training materials; and (L) any other activities as the Secretary may reasonably prescribe through notice and comment rulemaking. (2) Prohibited activities Notwithstanding paragraph (1), an eligible entity receiving a grant under this section may not use the grant funds for any purpose reasonably prohibited by the Secretary through notice and comment rulemaking. (d) Term of grants Each grant made under this section shall be available for expenditure for a period that is not to exceed 3 years. (e) Applications (1) In general An eligible entity seeking a grant under this section shall submit an application for such grant to the Secretary in accordance with this subsection. (2) Partnerships In the case of an eligible entity that is a partnership described in section 301(4)(E), the eligible entity may submit a joint application that designates a single entity as the lead entity for purposes of receiving and disbursing funds. (3) Contents An application under this subsection shall include— (A) a description of a plan for the program that the eligible entity proposes to carry out with a grant under this section, including a long-term strategy and detailed implementation plan that reflects expected participation of, and partnership with, community partners; (B) information on the prevalence of wage and hour violations in each community or State of the eligible entity; (C) information on any industry or geographic area targeted by the plan for such program; (D) information on the type of outreach and relationship building that will be conducted under such program; (E) information on the training and education that will be provided to employees and employers under such program; and (F) the method by which the eligible entity will measure results of such program. (f) Selection (1) Competitive basis In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). (2) Priority In selecting grant recipients under paragraph (1), the Secretary shall give priority to eligible entities that— (A) serve employees in any industry or geographic area that is most highly at risk for noncompliance with wage and hour violations, as identified by the Secretary; and (B) demonstrate past and ongoing work to prevent wage and hour violations or to recover unpaid wages. (3) Other considerations In selecting grant recipients under paragraph (1), the Secretary shall also consider— (A) the prevalence of ongoing community support for each eligible entity, including financial and other contributions; and (B) the eligible entity's past and ongoing partnerships with other organizations. (g) Memoranda of understanding (1) In general Not later than 60 days after receiving a grant under this section, the grant recipient shall negotiate and finalize with the Secretary a memorandum of understanding that sets forth specific goals, objectives, strategies, and activities that will be carried out under the grant by such recipient through a community partnership. (2) Signatures A representative of the grant recipient (or, in the case of a grant recipient that is an eligible entity described in section 301(4)(E), a representative of each entity that composes the grant recipient) and the Secretary shall sign the memorandum of understanding under this subsection. (3) Revisions The memorandum of understanding under this subsection shall be reviewed and revised by the grant recipient and the Secretary each year of the duration of the grant. (h) Performance evaluations (1) In general Each grant recipient under this section shall develop procedures for reporting, monitoring, measuring, and evaluating the activities of each program or project funded under this section. (2) Guidelines The procedures required under paragraph (1) shall be in accordance with guidelines established by the Secretary. (i) Revocation or suspension of funding If the Secretary determines that a recipient of a grant under this section is not in compliance with the terms and requirements of the memorandum of understanding under subsection (g), the Secretary may revoke or suspend (in whole or in part) the funding of the grant. (j) Use of components In addition to the Wage and Hour Division, the Secretary (acting through the Administrator) may use any division or agency of the Department of Labor in carrying out this title. 303. GAO study (a) In general The Comptroller General of the United States shall conduct a study to identify successful programs carried out by grants under section 302, and the elements, policies, or procedures of such programs that can be replicated by other programs carried out by grants under such section. (b) Report Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Secretary and Congress containing the results of the study conducted under subsection (a). (c) Use of information The Secretary shall use information contained in the report submitted under subsection (b)— (1) to improve the quality of community partnership programs assisted or carried out under this title that are in existence as of the publication of the report; and (2) to develop models for new community partnership programs to be assisted or carried out under this title. 304. Authorization of appropriations There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302. IV Regulations and effective date 401. Regulations Not later than 18 months after the date of enactment of this Act, the Secretary of Labor shall promulgate such regulations as are necessary to carry out this Act, and the amendments made by this Act. 402. Effective date The amendments made by titles I and II shall take effect on the date that is the earlier of— (1) the date that is 6 months after the date on which the final regulations are promulgated by the Secretary of Labor under section 401; and (2) the date that is 18 months after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4174is/xml/BILLS-117s4174is.xml |
117-s-4175 | II 117th CONGRESS 2d Session S. 4175 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Risch 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 authorize certain extraordinary operation and maintenance work for urban canals of concern.
1. Extraordinary operation and maintenance work performed by the Secretary (a) Definitions Section 9601 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510 ) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (6), (7), and (1), respectively; (2) in paragraph (3) (as so redesignated), by striking et seq.) and inserting et seq.)) ; (3) in paragraph (4) (as so redesignated), by striking mean and inserting means ; and (4) by adding at the end the following: (8) Urban canal of concern The term urban canal of concern means a transferred works or segment of a transferred works— (A) that conveys water through a densely populated urban area; and (B) with respect to which the Secretary determines, pursuant to the guidelines and criteria developed under section 9602(a), that if a failure were to occur, the failure would result in loss of life and property in the vicinity of the failed transferred works or segment of transferred works. . (b) Extraordinary maintenance and operation work on urban canal of concerns Section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ) is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by striking carry out any and inserting the following: carry out— (A) any ; (ii) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (B) any extraordinary maintenance and operation work on an urban canal of concern. ; and (B) in paragraph (3), in the first sentence— (i) by striking If the Secretary and inserting In the case of extraordinary maintenance and operation work on an urban canal of concern authorized under paragraph (1) or if the Secretary ; (ii) by striking , which and inserting that ; and (iii) by inserting or to carry out the extraordinary maintenance and operation work on the urban canal of concern after imminent harm ; and (2) by adding at the end the following: (e) Reimbursable funds Any reimbursable funds provided under this section shall be considered to be a non-Federal source of funds for purposes of any cost-sharing requirement for a Federal grant. . | https://www.govinfo.gov/content/pkg/BILLS-117s4175is/xml/BILLS-117s4175is.xml |
117-s-4176 | II 117th CONGRESS 2d Session S. 4176 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Risch introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Infrastructure Investment and Jobs Act to modify the eligibility requirements for certain small water storage and groundwater storage projects and to authorize the use of funds for certain additional Carey Act projects, and for other purposes.
1. Eligibility under the Infrastructure Investment and Jobs Act of small water storage and groundwater storage projects for certain grants and additional Carey Act projects for certain funds (a) Small water storage and groundwater storage projects Section 40903(b)(1)(B)(i) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3203(b)(1)(B)(i) ) is amended by striking 2,000 and inserting 2 . (b) Carey Act projects Section 40904(b) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3204(b) ) is amended— (1) in paragraph (3), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; (3) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary and inserting the following: (1) In general The Secretary ; and (4) by adding at the end the following: (2) Additional projects (A) In general On making the affirmative determinations described in subparagraph (B), the Secretary shall use amounts made available under section 40901(2)(B) to fund the rehabilitation, reconstruction, or replacement of any dams that were developed pursuant to, and continue to operate as dams under, section 4 of the Act of August 18, 1894 (commonly known as the Carey Act ) ( 43 U.S.C. 641 ; 28 Stat. 422, chapter 301). (B) Determinations described The determinations referred to in subparagraph (A) are— (i) a determination by the Secretary that any dams that meet the criteria described in paragraph (1) have received the necessary funding to complete rehabilitation, reconstruction, or replacement activities under this subsection; and (ii) a determination by the Secretary that amounts made available under section 40901(2)(B) remain available. . | https://www.govinfo.gov/content/pkg/BILLS-117s4176is/xml/BILLS-117s4176is.xml |
117-s-4177 | II 117th CONGRESS 2d Session S. 4177 IN THE SENATE OF THE UNITED STATES May 10, 2022 Ms. Warren (for herself, Mr. Wyden , Mr. Markey , Mr. Sanders , Mr. Merkley , Mr. Padilla , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish judicial ethics.
1. Short title This Act may be cited as the Judicial Ethics and Anti-Corruption Act of 2022 . 2. Conflicts of interest rules for judges and justices and nonconflicted Federal employee investment accounts (a) Required divestments of conflicted assets (1) Stocks and securities No judge or justice may own an interest in or trade (except a divestment required or approved by the Judicial Conference of the United States) any stock, bond, commodity, future, and other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle, except nonconflicted assets allowed under subsection (b). (2) Commercial real estate No judge or justice may maintain ownership in commercial real estate, unless ownership of such commercial real estate is necessary for an entity described in paragraph (4)(C). (3) Trusts (A) In general No judge or justice may maintain a financial interest in any trust, including a family trust, if the Judicial Conference of the United States determines that the trust includes any— (i) asset that might present a conflict of interest; or (ii) stock, bond, commodity, future, and other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle, except nonconflicted assets allowed under subsection (b). (B) Exception Subparagraph (A) shall not apply to a trust described in section 102(f)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (4) Businesses and companies (A) Privately owned or closely held corporation No judge or justice may maintain ownership in a privately owned or closely held corporation, company, firm, partnership, or other business enterprise. (B) Board members No judge or justice may serve on the board of directors of any for-profit entity, including any corporation, company, firm, partnership, or other business enterprise. (C) Exception Subparagraphs (A) and (B) shall not apply to a corporation, company, firm, partnership, or other business enterprise that has gross receipts for the previous taxable year of less than $5,000,000. (b) Nonconflicted assets (1) In general A judge or justice may maintain assets that do not present a conflict of interest, including— (A) a widely held investment fund— (i) described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.); (ii) that meets the requirements described in paragraph (2); and (iii) that is diversified because the fund does not have a stated policy of concentrating the investments of the fund in any industry, business, single country other than the United States, or bonds of any single State; (B) noncommercial real estate, including real estate used solely as a personal residence; (C) cash, certificates of deposit, or other forms of savings accounts; (D) a federally managed asset, including— (i) financial interests in or income derived from— (I) any retirement system under title 5, United States Code (including the Thrift Savings Plan under subchapter III of chapter 84 of such title); or (II) any other retirement system maintained by the United States for officers or employees of the United States, including the President, or for members of the uniformed services; (ii) benefits received under the Social Security Act ( 42 U.S.C. 301 et seq. ); and (iii) an asset in the Federal Employee Investment Account described in paragraph (3); (E) bonds, bills, and notes issued by governmental sources, such as the Federal Government, State, or other municipality; (F) shares of Settlement Common Stock issued under section 7(g)(1)(A) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(g)(1)(A) ); and (G) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (2) Widely held investment fund requirements A judge or justice may not maintain a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.), unless— (A) the widely held investment fund is diversified, as described in paragraph (1)(A)(iii); (B) the widely held investment fund does not present a conflict of interest; and (C) any instructions to a manager of the widely held investment fund are shared with the Judicial Conference of the United States. (3) Federal Employee Investment Account Section 8472 of title 5, United States Code, is amended— (A) in subsection (f)— (i) in paragraph (2), by striking and at the end; (ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (4) not later than 3 years after the date of enactment of this paragraph, establish Federal Employee Investment Accounts in the Treasury of the United States accounts for judges and justices to maintain investments in the stock and securities markets in which a judge or justice may— (A) sell an asset or security, including those assets or securities that present a conflict of interest under section 2(a) of the Judicial Ethics and Anti-Corruption Act of 2022 , and invest the resulting funds into the Federal Employee Investment Accounts; and (B) withdraw funds from their Federal Employee Investment Account at any time; (5) act in the interest of the plan participants and beneficiaries of Federal Employee Investment Accounts when making decisions for the purpose of providing benefits to those participants and beneficiaries; (6) establish a new and parallel system for recordkeeping with respect to Federal Employee Investment Accounts; and (7) establish a Federal Employee Investment Fund to fully cover administrative costs associated with managing Federal Employee Investment Accounts, which— (A) shall be separate from the Thrift Savings Fund established under section 8437, except with respect to administrative costs for common resources; and (B) may be used for compensation to pay new employees, additional resources for information technology, additional call center capacity, and any other new capacity to handle the administration of Federal Employee Investment Accounts. ; (B) in subsection (g)(1)— (i) in subparagraph (C), by striking and at the end; (ii) by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (E) promulgate regulations for the administration of Federal Employee Investment Accounts. ; and (C) by adding at the end the following: (k) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to establish and maintain Federal Employee Investment Accounts established under subsection (f), including for the purpose of reducing any fees paid by participants in the Federal Employee Investment Accounts. . (c) Civil fines The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any judge or justice who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such judge or justice shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. 3. Clarification of gift ban (a) In general Section 7353 of title 5, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking anything of value and inserting a gift ; and (2) in subsection (d)— (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) the term gift means anything of value, including transportation, travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. . (b) Regulations The Judicial Conference of the United States shall promulgate regulations to carry out the amendment made by subsection (a) with respect to the judicial branch. 4. Restrict privately funded educational events and speeches (a) Judicial Education Fund (1) Establishment Chapter 42 of title 28, United States Code, is amended by adding at the end the following: 630. Judicial Education Fund (a) Definitions In this section— (1) the term Board means the Board of the Federal Judicial Center established in section 621; (2) the term Fund means the Judicial Education Fund established under subsection (b); (3) the term institution of higher education has the meaning given that term under section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); (4) the term national bar association means a national organization that is open to general membership to all members of the bar; (5) the term private judicial seminar — (A) means a seminar, symposia, panel discussion, course, or a similar event that provides continuing legal education to judges and justices; and (B) does not include— (i) seminars that last 1 day or less and are conducted by, and on the campus of, an institute of higher education; (ii) seminars that last 1 day or less and are conducted by a national bar association or State or local bar association for the benefit of the bar association membership; or (iii) seminars of any length conducted by, and on the campus of an institute of higher education or by a national bar association or State or local bar association, where a judge or justice is a presenter and at which judges and justices constitute less than 25 percent of the participants; and (6) the term State or local bar association means a State or local organization that is open to general membership to all members of the bar in the specified geographic region. (b) Fund There is established within the United States Treasury a fund to be known as the Judicial Education Fund . (c) Use of amounts Amounts in the Fund may be made available for the payment of necessary expenses, including reasonable expenditures for transportation, food, lodging, private judicial seminar fees and materials, incurred by a judge or justice in attending a private judicial seminar approved by the Board. Necessary expenses shall not include expenditures for recreational activities or entertainment other than that provided to all attendees as an integral part of the private judicial seminar. Any payment from the Fund shall be approved by the Board. (d) Required information The Board may approve a private judicial seminar after submission of information by the sponsor of that private judicial seminar that includes— (1) the content of the private judicial seminar (including a list of presenters, topics, and course materials); and (2) the litigation activities of the sponsor (including any amicus briefs submitted by the sponsor) and the presenters at the private judicial seminar (including the litigation activities of the employer of each presenter) on the topic related to those addressed at the private judicial seminar. (e) Public availability If the Board approves a private judicial seminar, the Board shall make the information submitted under subsection (d) relating to the private judicial seminar available to judges, justices, and the public by posting the information online. (f) Guidelines The Judicial Conference shall promulgate guidelines to ensure that the Board only approves private judicial seminars that are conducted in a manner so as to maintain the public’s confidence in an unbiased and fair-minded judiciary. (g) Authorization of appropriations There are authorized to be appropriated for deposit in the Fund $3,000,000 for each of fiscal years 2022, 2023, and 2024, to remain available until expended. . (2) Technical and conforming amendment The table of sections for chapter 42 of title 28, United States Code, is amended by adding at the end the following: 630. Judicial Education Fund. . (b) Private judicial seminar gifts prohibited (1) Definitions In this subsection— (A) the term gift has the meaning given that term under section 7353 of title 5, United States Code, as amended by section 3; (B) the term institution of higher education has the meaning given that term under section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); and (C) the terms national bar association , private judicial seminar , and State or local bar association have the meanings given those terms under section 630 of title 28, United States Code, as added by subsection (a). (2) Regulations Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations to apply section 7353(a) of title 5, United States Code, to prohibit the solicitation or acceptance of a gift in connection with a private judicial seminar. (3) Exception The prohibition under the regulations promulgated under paragraph (2) shall not apply if— (A) the judge or justice participates in a private judicial seminar as a speaker, panel participant, or otherwise presents information; (B) Federal judges and justices are not the primary audience at the private judicial seminar; and (C) the gift accepted is— (i) reimbursement from the private judicial seminar sponsor of reasonable transportation, food, or lodging expenses on any day on which the judge or justice speaks, participates, or presents information, as applicable; (ii) attendance at the private judicial seminar on any day on which the judge or justice speaks, participates, or presents information, as applicable; or (iii) anything excluded from the definition of a gift under regulations of the Judicial Conference of the United States under sections 7351 and 7353 of title 5, United States Code, as in effect on the date of enactment of this Act. 5. Code of Conduct (a) Sense of Congress It is the sense of Congress that in order for justices and judges, both of the supreme and inferior courts, to hold their offices during good behaviour under section 1 of article III of the Constitution of the United States, the judges and justices shall, among other requirements, adhere to the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States described in this section. (b) Applicability The Code of Conduct for United States Judges adopted by the Judicial Conference of the United States shall apply to the justices of the Supreme Court of the United States to the same extent as such Code applies to circuit and district judges. (c) Enforcement The Judicial Conference shall establish procedures, modeled after the procedures set forth in chapter 16 of title 28, United States Code, under which— (1) complaints alleging that a justice of the Supreme Court of the United States has violated the Code of Conduct referred to in subsection (a) may be filed with or identified by the Conference; (2) such material, nonfrivolous complaints and any accompanying material are immediately referred to the Supreme Court Review Committee established in section 10; and (3) further action, where appropriate, is taken by the Conference, with respect to such complaints. (d) Submission to Congress; effective date (1) Submission to congress Not later than 180 days after the date of enactment of this Act, the Judicial Conference shall submit to Congress the procedures established under subsection (b). (2) Effective date The procedures established under subsection (b) shall take effect 1 year after the date of enactment of this Act. 6. Improving disclosure (a) Recusal decisions Section 455 of title 28, United States Code, is amended by adding at the end the following: (g) Recusal lists (1) Each justice, judge, and magistrate judge of the United States shall maintain and submit to the Judicial Conference a list of each association or interest that would require the justice, judge, or magistrate to be recused under subsection (b)(4), including any financial interests of the judge, the spouse of the judge, or any minor child of the judge residing in the household of the judge. (2) The Judicial Conference shall maintain and make publicly available online, at no cost, each list required under this subsection that is filed with the Judicial Conference in a format that is searchable, sortable, machine-readable, downloadable, and accessible format, and accessible in multiple languages and to individuals with disabilities. (3) The Judicial Conference may issue public or private guidance to justices, judges, and magistrate judges of the United States regarding the contents of the lists under this subsection to ensure such lists comply with the disqualification requirements of (b)(4). . (b) Speeches (1) In general Each justice, judge, and magistrate judge of the United States shall maintain and submit to the Judicial Conference of the United States a copy of each speech or other significant oral communication made by the justice, judge, or magistrate. (2) Availability The Judicial Conference of the United States shall maintain and make each speech or other significant oral communication submitted under paragraph (1) available to the public in printed form, upon request, and online, at no cost, in a format that is searchable, sortable, machine-readable, downloadable, and accessible in multiple languages and to individuals with disabilities. (3) Regulations Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations regarding the types of oral communications that are required to be maintained, submitted, and made publicly available under this subsection. (c) Livestreaming judicial proceedings (1) Definition In this section, the term appellate court of the United States means any United States circuit court of appeals and the Supreme Court of the United States. (2) Streaming of court proceedings In accordance with procedures established by the Judicial Conference of the United States, the audio of each open session conducted by an appellate court of the United States shall be made available online contemporaneously with the session, unless the appellate court of the United States, by a majority vote, determines that making audio of the session available online would violate the constitutional rights or threaten the safety of any party to the proceeding. (d) Publicizing case assignment information (1) In general Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations requiring each court of the United States to make case assignment data available to the public online, at no cost, in a format that is searchable, sortable, machine-readable, downloadable, and accessible in multiple languages and to individuals with disabilities. (2) Contents The case assignment data made available under paragraph (1) shall include, at a minimum, and to the extent available, the case title, docket number, case origin, filing date, and name of each authoring judge, concurring judge, and dissenting judge for each opinion issued in the case. (e) Making websites user-Friendly Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations requiring an evaluation of, and improvements to, the website of each district court of the United States to ensure the website is easy to understand, including that it is clear how to file a complaint relating to a judge or an employee of the district court. (f) Accessibility The Judicial Conference shall make efforts to ensure that any disclosures required under this section are made available to the public in plain language, in a variety of languages, and accessible to individuals with disabilities. 7. Oversight process for disqualification of justice, judge, or magistrate judge Section 455 of title 28, United States Code, as amended by section 6 of this Act, is amended by adding at the end the following: (h) (1) Any litigant appearing before a justice, judge, or magistrate judge of the United States may file a petition that the justice, judge, or magistrate judge of the United States, as applicable, shall be disqualified based on the criteria described in subsection (b). (2) (A) Any judge or magistrate judge of the United States subject to a petition under paragraph (1) may provide a public, written response to the petition that provides a written explanation relating to any disqualification decision. (B) Any justice of the Supreme Court of the United States subject to a petition under paragraph (1) shall provide a public, written response to the petition that provides a written explanation relating to any disqualification decision. (3) If a litigant makes a petition under paragraph (1) relating to a justice of the Supreme Court of the United States, the Judicial Conference of the United States shall issue a nonbinding, public advisory opinion with its recommendation, which shall be shared with the Supreme Court Review Committee established in section 10 of the Judicial Ethics and Anti-Corruption Act of 2022 . (4) If the Judicial Conference of the United States recommends that a justice of the Supreme Court of the United States be disqualified under this section, the justice shall publicly explain a final disqualification decision in writing, which shall be shared with the Supreme Court Review Committee established in section 10 of the Judicial Ethics and Anti-Corruption Act of 2022 . (5) (A) For any judge or magistrate judge of the United States, the Judicial Conference of the United States shall— (B) establish a written process to determine whether a judge meets 1 or more of the criteria in subsection (b); (C) use any administrative procedures which may be necessary to aid in the execution of the written process described in subparagraph (B), which may include any procedures or software that may be necessary to determine whether a judge meets 1 or more of the criteria in subsection (b); and (D) the process described in subparagraph (B) shall be made publicly available and, at a minimum— (i) include how an individual may make a petition under paragraph (1) for a judge to be disqualified; (ii) ensure that a judge or group of judges other than the judge who is the subject of the inquiry determines whether the judge shall be disqualified; (iii) allow the judge or group of judges making the disqualification determination to receive the expert advice of ethics personnel and officials, including individuals with expertise in ethics at the Judicial Conference; (iv) require that the judge be disqualified should another judge or group of judges determine that the judge must be disqualified in accordance with this subsection; and (v) require that all recusal decisions be made publicly available and be accompanied by a written explanation for the recusal decision. . 8. Complaints against retired judges and judicial discipline (a) Complaints Section 351(d) of title 28, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) the term judge — (A) means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and (B) includes a retired judge described in subparagraph (A); ; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) the term retired judge means any judge of the United States who has retired from regular active service under section 371(b) or 372(a). . (b) Review of complaint by chief judge Section 352 of title 28, United States Code, is amended by adding at the end the following: (e) Definition In this section, the term intervening events does not include the retirement of the judge whose conduct is complained of or the nomination or confirmation of the judge to the Supreme Court of the United States. . 9. Action by judicial council in response to misconduct by judges Section 354 of title 28, United States Code, is amended— (1) in subsection (a)(2), by adding at the end the following: (D) Retired judges If the conduct of a retired judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include— (i) censuring or reprimanding the judge by means of public announcement; and (ii) reducing or rescinding the nonvested pension benefits of the retired judge. (E) Remedial actions for certain conduct (i) Definition In this subparagraph, the term covered judge does not include a retired judge. (ii) Conduct If the conduct of a covered judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include mandating that the covered judge participate in professional counseling, treatment, education, or mentoring to address the misconduct at issue. ; and (2) by adding at the end the following: (c) Report (1) Submission to Judicial Conference of the United States Each chief judge of the circuit shall submit to the Judicial Conference of the United States an annual report on, with respect to the previous year— (A) the number of complaints filed under section 351 against judges in the circuit; and (B) the outcome of the complaints described in subparagraph (A). (2) Submission to Congress The Judicial Conference of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives each report submitted under paragraph (1). (3) Public availability No later than 30 days after submitting to Congress each report under paragraph (1), the Judicial Conference of the United States shall make the report available to the public. . 10. Supreme Court Complaints Review Committee (a) Definitions In this section: (1) Review Committee The term Review Committee means the Supreme Court Complaints Review Committee. (2) Close family member The term close family member includes— (A) a parent of the reporting individual; (B) a spouse of the reporting individual; and (C) an adult child of the reporting individual. (b) Establishment For the purpose of assisting the House of Representatives in carrying out its responsibilities under section 2 of article I and section 4 of article II of the Constitution of the United States, there is established in the legislative branch to be known as the Supreme Court Complaints Review Committee under the general supervision of the Committee on the Judiciary of the House of Representatives. (c) Members (1) In general The Review Committee shall consist of 5 members, of whom— (A) 2 shall be appointed by the Speaker of the House of Representatives; (B) 2 shall be appointed by the minority leader of the House of Representatives; and (C) 1 shall be appointed by agreement of the Speaker of the House of Representatives and the minority leader of the House of Representatives. (2) Qualifications of review committee members (A) Expertise Each member of the Review Committee shall be an individual of exceptional public standing who is specifically qualified to serve on the Review Committee by virtue of the individual’s education, training, or experience in 1 or more of the following fields: (i) Constitutional law. (ii) Impeachment. (iii) Judicial ethics. (iv) Professional ethics. (v) Legal history. (vi) Judicial service. (B) Selection basis Selection and appointment of each member of the Review Committee shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of a member of the Review Committee. (C) Citizenship Each member of the Review Committee shall be a United States citizen. (D) Disqualifications No individual shall be eligible for appointment to, or service on, the Review Committee who— (i) has ever been registered, or required to be registered, as a lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ); (ii) engages in, or is otherwise employed in, lobbying of the Congress; (iii) is registered or is required to be registered as an agent of a foreign principal under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); (iv) is a currently serving judge, justice, or employee of the Federal courts; (v) is an officer or employee of the Federal Government; (vi) is a close family member of any judge or justice of the Federal courts; (vii) during the 4 years preceding the date of appointment, engaged in any significant political activity (including being a candidate for public office, fundraising for a candidate for public office or a political party, or serving as an officer or employee of a political campaign or party); (viii) during the 2 years preceding the date of appointment, served as a fiduciary or personal attorney for a judge, justice, or employee of the Federal courts, including any judge or justice; or (ix) any currently serving Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (3) Term and removal (A) Length of term The term of a member of the Review Committee shall be for 2 Congresses. (B) Term limits A member of the Review Committee may not serve during 4 consecutive Congresses. (C) Removal A member of the Review Committee may be removed upon unanimous agreement among the Speaker and the minority leader of the House of Representatives or by an affirmative vote of 2/3 of the members of the Committee on the Judiciary of the House of Representatives. (D) Vacancies Any vacancy on the Review Committee shall be filled for the unexpired portion of the term in the same manner, and by the same appointing authority, as the original appointment under paragraph (2). (d) Chairperson and Vice-Chairperson (1) In general The members of the Review Committee shall elect a chairperson and a vice-chairperson of the Review Committee by a majority vote. The chairperson and the vice-chairperson shall serve a 1-year term, and may be reelected for additional 1-year terms. (2) Duties The chairperson of the Review Committee shall preside at the meetings of the Review Committee, and the vice-chairperson shall preside in the absence or disability of the chairperson. (e) Meetings (1) Quorum A majority of the members of the Review Committee shall constitute a quorum. (2) Meetings The Review Committee shall meet at the call of the chairperson, the chair of the Committee on the Judiciary of the House of Representatives, or the call of a majority of its members, pursuant to the rules of the Review Committee. (3) Voting Except as otherwise specifically provided, a majority vote of the Review Committee under this subtitle shall require an affirmative vote of 3 or more members. (f) Compensation A member of the Review Committee shall not be considered to be an officer or employee of the House or Senate, but shall be compensated at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for GS–15 of the General Schedule under section 5107 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Review Committee. (g) Duties of review committee (1) In general The Review Committee shall review each complaint made against the Chief Justice of the United States or a Justice of the Supreme Court of the United States through the review process described in subsection (m). (2) Hearings The Review Committee may hold such hearings as are necessary and may sit and act only in executive session at such times and places, solicit such testimony, and receive such relevant evidence, as may be necessary to carry out its duties. (h) Financial disclosure reports (1) In general Each member of the Review Committee shall file an annual financial disclosure report with the Clerk of the House of Representatives on or before May 15 of each calendar year immediately following any year in which the member served on the Review Committee. Each such report shall be on a form prepared by the Clerk that is substantially similar to the form required for individuals at the executive branch who must complete a confidential financial disclosure report under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (2) Distribution of report The Clerk of the House of Representatives shall— (A) not later than 7 days after the date each financial disclosure report under paragraph (1) is filed, send a copy of each such report to the Committee on the Judiciary of the House of Representatives; and (B) annually print all such financial disclosure reports as a document of Congress, and make the document available to the public. (i) Duties and powers of the Review Committee (1) In general The Review Committee is authorized— (A) to establish a process for receiving and reviewing complaints from any person regarding allegations of misconduct by a justice of the Supreme Court of the United States; (B) to conduct a review of material complaints regarding alleged misconduct by a justice of the Supreme Court of the United States; and (C) in any case where the Review Committee determines, on the basis of the review described in subsection (m), that a justice may have engaged in conduct which might violate the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States or constitute 1 or more grounds for impeachment under article II of the Constitution of the United States, or which, in the interest of justice, is not amenable to resolution by the Review Committee, the Review Committee shall promptly certify such determination, together with any complaint and a record of any associated proceedings to the Committee on the Judiciary of the House of Representatives. (2) Referrals to law enforcement officials (A) In general Upon a majority vote of the Review Committee, the Review Committee may refer potential legal violations committed by a justice to the Department of Justice or other relevant Federal or State law enforcement officials, which referral shall include all appropriate evidence gathered during any review or preliminary investigation conducted under this subtitle. (B) Notification The Review Committee shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of all referrals under this subsection. (3) Limitations on review No review may be undertaken by the Review Committee of any complaint— (A) that is primarily concerned with challenging the merits of a decision or procedural ruling; (B) that is frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations that are incapable of being established through investigation; (C) concerning any alleged violation of law, rule, regulation or standard of conduct not in effect at the time of the alleged violation; or (D) concerning any alleged violation that occurred before the date of enactment of this Act. (j) Prohibition on public disclosure (1) In general (A) Prohibition on public disclosure No information obtained by a member or employee of the Review Committee regarding complaints shall be publicly disclosed to any person or entity outside the Review Committee, unless approved by a majority vote of the Review Committee. Any communication to any person or entity outside the Review Committee may occur only as authorized by the Review Committee. (B) Procedures and investigation The Review Committee shall establish, in consultation with relevant agencies, procedures necessary to prevent the unauthorized disclosure of any information received by the Review Committee. Any breaches of confidentiality shall be investigated by the Review Committee and appropriate action shall be taken, which may include a recommendation to Congress for removal pursuant to subsection (c)(3)(C). (2) Provision with respect to House and Senate Judiciary Committees Paragraph (1) shall not preclude— (A) any member or employee of the Review Committee from presenting a report or findings of the Committee, or testifying before the Committee on the Judiciary of the House of Representatives, if requested by the Committee on the Judiciary of the House of Representatives pursuant to its rules; (B) any necessary communication with the Department of Justice or any other law enforcement agency; or (C) any necessary communication with the Speaker or minority leader of the House of Representatives or the majority leader or minority leader of the Senate. (3) Opportunity to present Before the Review Committee votes on a recommendation or statement to be transmitted to the Committee on the Judiciary of the House of Representatives relating to a complaint involving a justice, the Review Committee shall provide the justice whose conduct is the subject of the complaint the opportunity to present, orally or in writing (at the discretion of the justice), a statement to the Review Committee. (k) Presentation of reports to the House Judiciary Committee Whenever the Review Committee transmits any report to the Committee on the Judiciary of the House of Representatives relating to a complaint involving a justice, the Review Committee shall designate a member or employee of the Review Committee to present the report to the House Judiciary Committee if requested by the Committee on the Judiciary of the House of Representatives. (l) Maintaining of financial disclosure reports The Review Committee shall receive, and maintain, a copy of each report filed under section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) by a justice of the Supreme Court of the United States. (m) Complaints (1) Source of complaints Any person, including a judge, justice, or employee of the courts of the United States, may file with the Review Committee a complaint alleging a violation by a justice of any law (including any regulation), rule, or other standard of conduct, including the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, applicable to the conduct of such justice in the performance of the duties, or the discharge of the responsibilities, of the justice. (2) False claims and statements acknowledgment Any complaint submission under paragraph (1) shall include a signed statement acknowledging that the person submitting the allegation or information understands that section 1001 of title 18, United States Code (popularly known as the False Statements Act ) applies to the information. (3) Review process of alleged violations by a justice (A) Review authorization (i) In general After receiving a complaint under paragraph (1), the Review Committee may, by majority vote, authorize a review under subparagraph (B) of any alleged violation by a justice of any law (including any regulation), rule, or other standard of conduct, including the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, applicable to the conduct of such justice in the performance of the duties, or the discharge of the responsibilities, of the justice. (ii) Requirements The authorization under clause (i) shall— (I) be in writing; and (II) include a brief description of the specific matter and an explanation of why allegations in complaint meet the criteria in subsection (i)(3). (B) Review process (i) Initiation and notification of review After the date on which the Review Committee makes an authorization under subparagraph (A), the Review Committee shall— (I) initiate a review of the alleged violation; and (II) provide a written notification of the commencement of the review, including a statement of the nature of the review, to— (aa) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (bb) the justice who is the subject of the review. (ii) Opportunity to terminate review At any time, the Review Committee may, by a majority vote, terminate a review on any ground, including that the matter under review is de minimis in nature. If the Review Committee votes to terminate the review, the Committee shall— (I) notify, in writing, the complainant, the justice who was the subject of the review, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives of its decision to terminate the review of the matter; and (II) send a report, including any findings of the Review Committee, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (C) Scope of review During a review, the Review Committee shall evaluate the complaint and determine, based on a majority vote, whether the misconduct alleged in the complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors under section 4 of article II of the Constitution of the United States. (D) Completion of review Upon the completion of any review, the Review Committee shall— (i) transmit to the Committee on the Judiciary of the House of Representatives a written report that includes— (I) a statement of the nature of the review and the justice who is the subject of the review; (II) the Review Committee’s determination under paragraph (3); (III) a description of the number of members voting in the affirmative and in the negative for the determination under subparagraph (C); (IV) any relevant findings of the Review Committee, including— (aa) any findings of fact; (bb) a description of any relevant information that the Review Committee was unable to obtain or witnesses whom the Review Committee was unable to interview, and the reasons therefor; and (cc) a citation of any relevant law, regulation, or standard of conduct relating to the alleged misconduct; (V) any supporting documentation; (VI) a written determination of whether the misconduct alleged in the complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors under section 4 of article II of the Constitution of the United States; and (VII) if necessary, a brief statement of dissent from the members of the Review Committee voting in the negative for the determination under subparagraph (C); and (ii) transmit to the complainant and the justice who is the subject of the review the written report of the Review Committee described in clause (i). (n) House Judiciary Committee Consideration of Review Committee Report If the Review Committee determines, after a review, that misconduct alleged in a complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors under section 4 of article II of the Constitution of the United States, not later than 30 legislative days of continuous session in the House of Representatives after the Committee on the Judiciary of the House of Representatives receives a report under subsection (m), the Committee on the Judiciary of the House of Representatives shall vote on whether to proceed with an investigation or an impeachment inquiry. (o) Request from House Judiciary Committee (1) In general Notwithstanding any other provision of this section, upon receipt of a written request from the Committee on the Judiciary of the House of Representatives that the Review Committee cease its review of any matter and refer such matter to the Committee on the Judiciary of the House of Representatives because of the ongoing investigation of the matter by the Committee on the Judiciary of the House of Representatives, the Review Committee shall refer such matter to the Committee on the Judiciary of the House of Representatives, cease its review of that matter and so notify any justice who is the subject of the review. (2) Resumption of review If the Committee on the Judiciary of the House of Representatives notifies the Review Committee in writing that the Review Committee may continue its review of the complaint, the Review Committee may begin or continue, as the case may be, a review of the matter. (3) Rule of construction Nothing in this subsection shall be construed to prevent the Review Committee from sending any information regarding the matter to law enforcement agencies. (p) Procedures (1) Review powers Members or employees of the Review Committee may, during a review— (A) administer to or take from any person an oath, affirmation, or affidavit; (B) obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; (C) take the deposition of witnesses; and (D) submit to the chair of the Committee on the Judiciary of the House of Representatives a request for the Committee on the Judiciary of the House of Representatives to require by subpoena the attendance of and testimony by witnesses and the production of any book, check, canceled check, correspondence, communication, document, email, paper, physical evidence, record, recording, tape, or other material (including electronic records) relating to any matter or question the Review Committee is authorized to review from any individual or entity, which— (i) shall be handled in accordance with the rules of the Committee on the Judiciary of the House of Representatives; and (ii) may allow for the transmission of information or testimony between the Review Committee and the Committee on the Judiciary of the House of Representatives, in accordance with rules of the Committee on the Judiciary of the House of Representatives. (2) Prohibition of ex parte communications There shall be no ex parte communications between any member or employee of the Review Committee and any justice who is the subject of any review by the Review Committee or between any member of the Review Committee and any interested party. (3) Other review committee rules and procedures The Review Committee is authorized to establish any additional rules or procedures pursuant to its duties and powers in paragraph (1) necessary to carry out the functions of the Review Committee in accordance with this section. (q) Personnel matters (1) Appointment and compensation of employees The Review Committee may appoint and fix the compensation of such professional, nonpartisan staff (including staff with relevant experience in investigations and law enforcement) of the Review Committee as it considers necessary to perform its duties, who— (A) shall perform all official duties in a nonpartisan manner; and (B) may not engage in any partisan political activity directly affecting any congressional or presidential election, or any nomination of a Federal judge or justice. (2) Qualifications Each employee of the Review Committee shall be professional and demonstrably qualified for the position for which the employee is hired. (3) Termination of employees The employment of an employee of the Review Committee may be terminated at any time by the Review Committee. (4) Code of conduct The Review Committee shall establish a code of conduct to govern the behavior of the members or employees of the Review Committee, which shall include the avoidance of conflicts of interest. (r) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary. 11. Expedited impeachment of Federal judges Section 355(b) of title 28, United States Code, is amended by adding at the end the following: (3) Expedited impeachment (A) In general After the Judicial Conference transmits the determination and the record of proceedings under paragraph (1) or (2) to the House of Representatives, the determination and record shall be immediately referred to the Committee on the Judiciary of the House of Representatives. (B) Vote Not later than 30 legislative days of continuous session in the House of Representatives after the Committee on the Judiciary of the House of Representatives receives the determination and the record of proceedings under subparagraph (A), the Committee on the Judiciary of the House of Representatives shall vote on whether to proceed with an investigation or an impeachment inquiry. . 12. Restrictions on protective orders and sealing of cases and settlements (a) In general Chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Restrictions on protective orders and sealing of cases and settlements (a) Restrictions on orders relating to the disclosure of information (1) In general In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter, by stipulation or otherwise, an order otherwise authorized under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order otherwise authorized approving a settlement agreement that would restrict the disclosure of information obtained through discovery, or an order otherwise authorized restricting access to court records unless in connection with the order the court finds— (A) that the order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or (B) that— (i) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and (ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. (2) Limit on effect No order entered in accordance with paragraph (1), other than an order approving a settlement agreement, may continue in effect after the entry of final judgment unless at the time of, or after, the entry of the order the court makes a separate finding of fact that the requirements of paragraph (1) continue to be met. (3) Rule of construction Nothing in paragraph (1) shall be construed to require the disclosure of the identity of individuals who disclose evidence of a violation of any law, rule, or regulation or other fraud, waste, abuse, or misconduct or other persons protected from disclosure under Federal law. (b) Restrictions on enforcement relating to Federal and State agencies In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enforce any provision of an agreement between or among parties to the civil action, or enforce an order entered in accordance with subsection (a)(1), to the extent that the provision or order prohibits or otherwise restricts a party from disclosing any information relevant to the civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to the information. (c) Limits on scope (1) In general Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement between or among parties to any civil action in which the pleadings state facts that are relevant to the protection of public health or safety that prohibits one or more parties from— (A) disclosing the fact that the settlement was reached or the terms of the settlement (excluding any money paid) that involve matters relevant to the protection of public health or safety; or (B) discussing matters relevant to the protection of public health or safety involved in the civil action. (2) Exception Paragraph (1) applies unless the court finds that— (A) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information in question; and (B) the requested order is no broader than necessary to protect the confidentiality interest asserted. (d) Rebuttable presumption relating to personally identifiable information For purposes of implementing subsections (a)(1)(B)(i) and (c)(2)(A), when weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information of an individual outweighs the public interest in disclosure. (e) Rule of construction Nothing in this section shall be construed to permit, require, or authorize the disclosure of classified information (as defined under section 1 of the Classified Information Procedures Act (18 U.S.C. App.)). . (b) Technical and conforming amendment The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: 1660. Restrictions on protective orders and sealing of cases and settlements. . (c) Effective date The amendments made by this section shall— (1) take effect 30 days after the date of enactment of this Act; and (2) apply only to orders entered in civil actions or agreements entered into on or after such date. 13. Judicial workplace climate surveys (a) In general Chapter 21 of title 28, United States Code, is amended by adding at the end the following: 464. Judicial workplace climate surveys (a) In general The Judicial Conference of the United States shall administer a climate survey to each employee of a court of the United States about the work environment of the court, which shall— (1) be administered not later than 18 months after the date of enactment of this section and every 2 years thereafter; (2) be voluntary; (3) survey respondents on the general work environment, including attitudes in the workplace regarding diversity and inclusion and harassment or discrimination on the basis of race, ethnicity, disability, sex, sexual orientation, and gender identity; and (4) be anonymous and confidential, with notice of the anonymity and confidentiality made to the respondent throughout the survey. (b) Transmission of information Information obtained in a survey administered under subsection (a) shall be— (1) made publicly available; and (2) transmitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, the Chief Justice of the United States, and the Judicial Conference of the United States. . (b) Technical and conforming amendment The table of sections for chapter 21 of title 28, United States Code, is amended by adding at the end the following: 464. Judicial workplace climate surveys. . 14. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and of the amendments made by this Act, and the application of the remaining provisions of this Act and amendments to any person or circumstance, shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s4177is/xml/BILLS-117s4177is.xml |
117-s-4178 | II 117th CONGRESS 2d Session S. 4178 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To address the duration of copyright, and for other purposes.
1. Short title This Act may be cited as the Copyright Clause Restoration Act of 2022 . 2. Duration of copyright (a) In general (1) Original term Notwithstanding any provision of title 17, United States Code, or any other provision of law, copyright in any work shall endure for 28 years from the date it was originally secured. (2) Extension The holder of a copyright under paragraph (1) shall be entitled to a renewal and extension of the copyright in the applicable work for a further term of 28 years if the holder applies for that renewal and extension during the 1-year period before the expiration of the original term of the copyright under that paragraph. (b) Application (1) In general Except as provided in paragraph (2), subsection (a) shall apply with respect to copyright protection for any work fixed on or after the date of enactment of this Act. (2) Retroactive effect (A) In general Subject to subparagraph (B), subsection (a) shall apply with respect to a copyright that, on any date on or after May 1, 2022, is owned by a person that— (i) has a market capitalization of more than $150,000,000,000; and (ii) (I) is classified under North American Industry Classification System code 5121 or 71; or (II) engages in substantial activities for which a code described in subclause (I) could be assigned. (B) Licensing If, as of May 1, 2022, a person is operating under a license with respect to a copyright that is subject to subparagraph (A) and that, because of the application of that subparagraph, would expire during the 10-year period beginning on May 1, 2022, that person shall continue to hold the rights contained in that license (to the exclusion of any person not granted those rights by a license before May 1, 2022) for a period that is the shorter of— (i) 50 percent of the remaining license term, as of May 1, 2022; or (ii) 10 years, beginning on May 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4178is/xml/BILLS-117s4178is.xml |
117-s-4179 | II 117th CONGRESS 2d Session S. 4179 IN THE SENATE OF THE UNITED STATES May 10, 2022 Mrs. Feinstein (for herself, Mr. Rubio , Mr. Hickenlooper , Ms. Murkowski , Mr. Bennet , Mrs. Blackburn , Mr. Manchin , Mr. Portman , Mr. Scott of Florida , Mr. Padilla , Mr. Braun , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To establish the Space National Guard.
1. Short title This Act may be cited as the Space National Guard Establishment Act . 2. Establishment of Space National Guard (a) Establishment (1) In general There is established a Space National Guard that is part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia— (A) in which the Space Force operates; and (B) active and inactive. (2) Reserve component There is established a Space National Guard of the United States that is the reserve component of the United States Space Force all of whose members are members of the Space National Guard. (b) Composition The Space National Guard shall be composed of the Space National Guard forces of the several States and Territories, Puerto Rico, and the District of Columbia— (1) in which the Space Force operates; and (2) active and inactive. 3. No effect on military installations Nothing in this Act, or the amendments made by this Act, shall be construed to authorize or require the relocation of any facility, infrastructure, or military installation of the Space National Guard or Air National Guard. 4. Implementation of Space National Guard (a) Requirement Except as specifically provided by this Act, the Secretary of the Air Force and the Chief of the National Guard Bureau shall implement this Act, and the amendments made by this Act, not later than 18 months after the date of the enactment of this Act. (b) Briefing required (1) In general Not later than 90 days after the date of the enactment of this Act, and annually for the five subsequent years, the Secretary of the Air Force, the Chief of the Space Force, and the Chief of the National Guard Bureau shall jointly provide to the congressional defense committees a briefing on the status of the implementation of the Space National Guard pursuant to this Act and the amendments made by this Act. (2) Elements The briefing required by paragraph (1) shall address— (A) the current missions, operations and activities, personnel requirements and status, and budget and funding requirements and status of the Space National Guard; and (B) such other matters with respect to the implementation and operation of the Space National Guard as the Secretary and the Chiefs jointly determine appropriate to keep Congress fully and currently informed on the status of the implementation of the Space National Guard. 5. Conforming amendments and clarification of authorities (a) Definitions (1) Title 10, United States Code Title 10, United States Code, is amended— (A) in section 101— (i) in subsection (c)— (I) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and (II) by inserting after paragraph (5) the following new paragraphs: (6) The term Space National Guard means that part of the organized militia of the several States and territories, Puerto Rico, and the District of Columbia, active and inactive, that— (A) is a space force; (B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (7) The term Space National Guard of the United States means the reserve component of the Space Force all of whose members are members of the Space National Guard. ; and (B) in section 10101— (i) in the matter preceding paragraph (1), by inserting the following before the colon; and (ii) by adding at the end the following new paragraph: (8) The Space National Guard of the United States. . (2) Title 32, United States Code Section 101 of title 32, United States Code is amended— (A) by redesignating paragraphs (8) through (19) as paragraphs (10) through (21), respectively; and (B) by inserting after paragraph (7) the following new paragraphs: (8) The term Space National Guard means that part of the organized militia of the several States and territories, Puerto Rico, and the District of Columbia, in which the Space Force operates, active and inactive, that— (A) is a space force; (B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (9) The term Space National Guard of the United States means the reserve component of the Space Force all of whose members are members of the Space National Guard. . (b) Reserve components Chapter 1003 of title 10, United States Code, is amended— (1) by adding at the end the following new sections: 10115. Space National Guard of the United States: composition The Space National Guard of the United States is the reserve component of the Space Force that consists of— (1) federally recognized units and organizations of the Space National Guard; and (2) members of the Space National Guard who are also Reserves of the Space Force. 10116. Space National Guard: when a component of the Space Force The Space National Guard while in the service of the United States is a component of the Space Force. 10117. Space National Guard of the United States: status when not in Federal service When not on active duty, members of the Space National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Space National Guard. ; and (2) in the table of sections at the beginning of such chapter, by adding at the end the following new items: 10115. Space National Guard of the United States: composition. 10116. Space National Guard: when a component of the Space Force. 10117. Space National Guard of the United States: status when not in Federal service. . | https://www.govinfo.gov/content/pkg/BILLS-117s4179is/xml/BILLS-117s4179is.xml |
117-s-4180 | II 117th CONGRESS 2d Session S. 4180 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Mr. Sullivan (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Technological Advisory Council of the Federal Communications Commission to prepare a report on a 9–1–1 disability alerting system, and for other purposes.
1. Short title This Act may be cited as the Information Sharing And Advanced Communication Alerting Act or the ISAAC Alerting Act . 2. Report on 9–1–1 disability alerting system (a) Definitions In this section: (1) 9–1–1 disability alerting system The term 9–1–1 disability alerting system means a system that, in the case of a 9–1–1 call that is placed from a household or device with which an individual with a disability is associated, transmits to the public safety answering point that receives the call information in the profile of the individual created during the registration and data collection process in order to enable the public safety answering point to transmit the information to the first responders responding to the call. (2) Additional data repository or interface The term additional data repository or interface means an additional data repository or interface described in the publication of the National Emergency Number Association titled NENA Standard for NG9–1–1 Additional Data and dated December 21, 2017 (or any successor publication). (3) Commission The term Commission means the Federal Communications Commission. (4) First responder The term first responder means a firefighter, emergency medical services technician, public safety telecommunicator, or police officer. (5) Public safety answering point The term public safety answering point has the meaning given the term in section 222 of the Communications Act of 1934 ( 47 U.S.C. 222 ). (6) Registration and data collection process The term registration and data collection process means a process that allows an individual to create, within a 9–1–1 disability alerting system, a profile associated with an individual with a disability, which shall include information with respect to whether— (A) the individual is a wandering risk; (B) the individual is nonverbal; (C) the individual will not respond to verbal instructions; (D) the individual can be combative under stress or anxiety; (E) the individual is physically limited and cannot exit the home unassisted; or (F) potential access issues exist within the home, such as locked doors or windows. (b) Report Not later than 18 months after the date of enactment of this Act, the Technological Advisory Council of the Commission, in consultation with disability advocates, State 9–1–1 administrators, public safety answering point administrators and operational personnel, first responders, and providers of Next Generation 9–1–1 additional data information and emergency call handling systems, shall submit to the Commission a report that identifies the following: (1) Any rules, technical standards, protocols, or procedures necessary to implement a 9–1–1 disability alerting system. (2) Any technology or systems, including any additional data repositories or interfaces, necessary to implement a 9–1–1 disability alerting system. (3) Any barriers to implementing in a secure manner the registration and data collection process for a 9–1–1 disability alerting system. (4) Any barriers related to the secure and interoperable transmission of data from a 9–1–1 disability alerting system to public safety answering points. (5) Any barriers related to the secure and interoperable transmission of such data from public safety answering points to first responders and other public safety answering points. (6) Recommendations on how to overcome any barriers identified under paragraph (3), (4), or (5), including any necessary Federal or State legislation. (7) Recommendations on how best to inform households with which an individual with a disability is associated of the registration and data collection process for a 9–1–1 disability alerting system. (8) An estimated timeline and cost for implementation of the registration and data collection process for a 9–1–1 disability alerting system. (9) An estimated timeline and cost for nationwide implementation of a 9–1–1 disability alerting system. (10) Strategies for ensuring information in a 9–1–1 disability alerting system is and remains accurate, and any liability issues associated with the accuracy of such information. (11) The effectiveness and use by individuals of existing programs that provide similar notifications and information to first responders. (c) Transmission to Congress Not later than 3 days after receiving the report required by subsection (b), the Commission shall transmit the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4180is/xml/BILLS-117s4180is.xml |
117-s-4181 | II 117th CONGRESS 2d Session S. 4181 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Mr. Leahy (for himself, Ms. Collins , Mr. Wyden , Mr. Bennet , Ms. Cortez Masto , Mr. King , Ms. Hassan , Mr. Padilla , Mr. Reed , Mr. Sanders , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title VI of the Social Security Act to allow coronavirus State and local fiscal recovery funds to be used for low-income housing credit projects.
1. Short title This Act may be cited as the LIHTC Financing Enabling Long-term Investment in Neighborhood Excellence Act or the LIFELINE Act . 2. Authority to use coronavirus State and local fiscal recovery funds for low-income housing credit projects (a) In general Title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ) is amended— (1) in section 602— (A) in subsection (a)(1), by inserting (except as provided in subsection (c)(5)) after December 31, 2024 ; and (B) in subsection (c)— (i) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (3) and inserting paragraphs (3), (4), and (5) ; and (ii) by adding at the end the following new paragraph: (5) Use of funds for low-income housing credit projects (A) In general A State, territory, or Tribal government, in consultation with a housing finance agency, may use funds provided under this section to finance the cost of construction of 1 or more new qualified low-income buildings (as defined in section 42(c)(2) of the Internal Revenue Code of 1986), or the cost of rehabilitation expenditures (as defined in section 42(e)(2) of such Code), which are expected to be eligible for the low-income housing credit under section 42 of such Code in an amount greater than $0, including credits described in subsection (h)(4) thereof. The financing permitted by the preceding sentence must be provided by loans having maturities of 30 or more years, with such buildings having a placed in service date that is no earlier than the date of enactment of this paragraph. Funds provided under this section to finance such buildings must be obligated by December 31, 2024, and expended by December 31, 2026. Any amount loaned in accordance with this subparagraph shall be considered expended in accordance with the requirements of this subsection. (B) Requirements The project sponsor of a building financed in whole or in part by loans for which financing is permitted under this paragraph shall agree, as a condition for accepting such a loan— (i) to waive any right to request a qualified contract (as defined in section 42(h)(6)(F) of the Internal Revenue Code of 1986); and (ii) to repay any loaned funds to the entity that originated the loan at the time the project of which the building is a part becomes non-compliant, including if such project ceases to satisfy the requirements to be considered a qualified low-income housing project (as defined in section 42(g) of the Internal Revenue Code) or a qualified residential rental project (as defined in section 142(d) of such Code), or if such project fails to comply with an extended low-income housing commitment (as defined in section 42(h)(6) of such Code). (C) Returned or repaid funds Any funds used by a State, territory, or Tribal government in accordance with subparagraph (A) that are returned to the State, territory, or Tribal government, including from loan repayment, shall be used to finance affordable housing, including buildings that are eligible for low-income housing credits under section 42(a) of the Internal Revenue Code of 1986 by virtue of being part of 1 or more qualified low-income housing projects (as defined in section 42(g) of such Code), or being part of 1 or more qualified residential rental projects (as defined in section 142(d) of such Code). (D) Reports (i) Annual reports on LIHTC project obligations During the period beginning on the date of enactment of this paragraph and ending on December 31, 2026, the Secretary shall provide annual reports to the Committee on Ways and Means of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Finance of the Senate, and the Committee on Appropriations of the Senate on the obligation and expenditure of funds for projects under this paragraph. (ii) Annual reports on LIHTC project loans For each year during the term of an initial loan financed by funds made available under this paragraph is outstanding, the Secretary shall provide an annual report to each of the committees identified in clause (i) on any repayment of such funds. ; and (2) in section 603— (A) in subsection (a), by inserting (except as provided in subsection (c)(6)) after December 31, 2024 ; and (B) in subsection (c)— (i) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraphs (3) and (4) and inserting paragraphs (3), (4), (5), and (6) ; and (ii) by adding at the end the following new paragraph: (6) Use of funds for low-income housing credit projects (A) In general A metropolitan city, nonentitlement unit of local government, or county, in consultation with a housing finance agency, may use funds provided under this section to finance the cost of construction of 1 or more new qualified low-income buildings (as defined in section 42(c)(2) of the Internal Revenue Code of 1986), or the cost of rehabilitation expenditures (as defined in section 42(e)(2) of such Code), which are expected to be eligible for the low-income housing credit under section 42 of such Code in an amount greater than $0, including credits described in subsection (h)(4) thereof. The financing permitted by the preceding sentence must be provided by loans having maturities of 30 or more years, with such buildings having a placed in service date that is no earlier than the date of enactment of this paragraph. Funds provided under this section to finance such buildings must be obligated by December 31, 2024, and expended by December 31, 2026. Any amount loaned in accordance with this subparagraph shall be considered expended in accordance with the requirements of this subsection. (B) Requirements The project sponsor of a building financed in whole or in part by loans for which financing is permitted under this paragraph shall agree, as a condition for accepting such a loan— (i) to waive any right to request a qualified contract (as defined in section 42(h)(6)(F) of the Internal Revenue Code of 1986); and (ii) to repay any loaned funds to the entity that originated the loan at the time the project of which the building is a part becomes non-compliant, including if such project ceases to satisfy the requirements to be considered a qualified low-income housing project (as defined in section 42(g) of the Internal Revenue Code) or a qualified residential rental project (as defined in section 142(d) of such Code), or if such project fails to comply with an extended low-income housing commitment (as defined in section 42(h)(6) of such Code). (C) Returned or repaid funds Any funds used by a metropolitan city, nonentitlement unit of local government, or county in accordance with subparagraph (A) that are returned to the metropolitan city, nonentitlement unit of local government, or county, including from loan repayment, shall be used to finance affordable housing, including buildings that are eligible for low-income housing credits under section 42(a) of the Internal Revenue Code of 1986 by virtue of being part of 1 or more qualified low-income housing projects (as defined in section 42(g) of such Code), or being part of 1 or more qualified residential rental projects (as defined in section 142(d) of such Code). (D) Reports (i) Annual reports on LIHTC project obligations During the period beginning on the date of enactment of this paragraph and ending on December 31, 2026, the Secretary shall provide annual reports to the Committee on Ways and Means of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Finance of the Senate, and the Committee on Appropriations of the Senate on the obligation and expenditure of funds for projects under this paragraph. (ii) Annual reports on LIHTC project loans For each year during the term of an initial loan financed by funds made available under this paragraph is outstanding, the Secretary shall provide an annual report to each of the committees identified in clause (i) on any repayment of such funds. . (b) Technical amendments Sections 602(c)(3) and 603(c)(3) of title VI of the Social Security Act ( 42 U.S.C. 802(c)(3) , 803(c)(3)) are each amended by striking paragraph (17) of . | https://www.govinfo.gov/content/pkg/BILLS-117s4181is/xml/BILLS-117s4181is.xml |
117-s-4182 | II 117th CONGRESS 2d Session S. 4182 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Ms. Baldwin (for herself, Ms. Warren , Mr. Murphy , Ms. Klobuchar , Mr. Sanders , Mr. Schatz , Mr. Merkley , Ms. Smith , Mr. Wyden , Mr. Brown , Mr. Booker , Mr. Padilla , Mr. Peters , Mr. Van Hollen , Mr. Whitehouse , Mrs. Feinstein , Ms. Hassan , Mr. Durbin , Ms. Stabenow , Mrs. Murray , Mr. Blumenthal , Mr. Markey , Mr. Cardin , Ms. Duckworth , Mr. Casey , Mr. Coons , and Mr. Menendez ) 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 Labor to issue an occupational safety and health standard that requires covered employers within the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan, and for other purposes.
1. Short title This Act may be cited as the Workplace Violence Prevention for Health Care and Social Service Workers Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Workplace Violence Prevention Standard Sec. 101. Workplace violence prevention standard. Sec. 102. Scope and application. Sec. 103. Requirements for workplace violence prevention standard. Sec. 104. Rules of construction. Sec. 105. Other definitions. Title II—Amendments to the Social Security Act Sec. 201. Application of the workplace violence prevention standard to certain facilities receiving Medicare funds. I Workplace Violence Prevention Standard 101. Workplace violence prevention standard (a) Interim final standard (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall issue an interim final standard on workplace violence prevention— (A) to require certain employers in the health care and social service sectors, and certain employers in sectors that conduct activities similar to the activities in the health care and social service sectors, to develop and implement a comprehensive workplace violence prevention plan and carry out other activities or requirements described in section 103 to protect health care workers, social service workers, and other personnel from workplace violence; (B) that shall, at a minimum, be based on the Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers published by the Occupational Safety and Health Administration of the Department of Labor in 2015 and adhere to the requirements of this title; and (C) that provides for a period determined appropriate by the Secretary, not to exceed 1 year, during which the Secretary shall prioritize technical assistance and advice consistent with section 21(d) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 670(d) ) to employers subject to the standard with respect to compliance with the standard. (2) Inapplicable provisions of law and executive order The following provisions of law and Executive orders shall not apply to the issuance of the interim final standard under this subsection: (A) The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ). (B) The requirements of chapters 5 and 6 of title 5, United States Code. (C) Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ). (D) Executive Order No. 12866 (58 Fed. Reg. 51735; relating to regulatory planning and review), as amended. (3) Notice and comment Notwithstanding paragraph (2)(B), the Secretary shall, prior to issuing the interim final standard under this subsection, provide notice in the Federal Register of the interim final standard and a 30-day period for public comment. (4) Effective date of interim standard The interim final standard shall— (A) take effect on a date that is not later than 30 days after issuance, except that such interim final standard may include a reasonable phase-in period for the implementation of required engineering controls that take effect after such date; (B) be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ); and (C) be in effect until the final standard described in subsection (b) becomes effective and enforceable. (5) Failure to promulgate If an interim final standard described in paragraph (1) is not issued not later than 1 year of the date of enactment of this Act, the provisions of this title shall be in effect and enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ) until such provisions are superseded in whole by an interim final standard issued by the Secretary that meets the requirements of paragraph (1). (b) Final standard (1) Proposed standard Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), promulgate a proposed standard on workplace violence prevention— (A) for the purposes described in subsection (a)(1)(A); and (B) that shall include, at a minimum, requirements contained in the interim final standard required under subsection (a). (2) Final standard Not later than 42 months after the date of enactment of this Act, the Secretary shall issue a final standard on such proposed standard that shall— (A) provide no less protection than any workplace violence standard adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ), provided the Secretary finds that the final standard is feasible on the basis of the best available evidence; and (B) be effective and enforceable in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ). 102. Scope and application In this title: (1) Covered facility (A) In general The term covered facility includes the following: (i) Any hospital, including any specialty hospital, in-patient or outpatient setting, or clinic operating within a hospital license, or any setting that provides outpatient services. (ii) Any residential treatment facility, including any nursing home, skilled nursing facility, hospice facility, Alzheimer’s and memory care facility, and long-term care facility. (iii) Any nonresidential treatment or service setting. (iv) Any medical treatment or social service setting or clinic at a correctional or detention facility. (v) Any community care setting, including a community-based residential facility, group home, and mental health clinic. (vi) Any psychiatric treatment facility. (vii) Any drug abuse or substance use disorder treatment center. (viii) Any independent freestanding emergency center. (ix) Any facility described in clauses (i) through (viii) operated by a Federal Government agency and required to comply with occupational safety and health standards pursuant to part 1960 of title 29, Code of Federal Regulations (as such part is in effect on the date of enactment of this Act). (x) Any other facility the Secretary determines should be covered under the standards promulgated under section 101. (B) Exclusion The term covered facility does not include an office of a physician, dentist, podiatrist, or any other health practitioner that is not physically located within a covered facility described in clauses (i) through (x) of subparagraph (A). (2) Covered services (A) In general The term covered service includes the following services and operations: (i) Any services and operations provided in any field work setting, including home health care, home-based hospice, and home-based social work. (ii) Any emergency services and transport, including such services provided by firefighters and emergency responders. (iii) Any services described in clauses (i) and (ii) performed by a Federal Government agency and required to comply with occupational safety and health standards pursuant to part 1960 of title 29, Code of Federal Regulations (as such part is in effect on the date of enactment of this Act). (iv) Any other services and operations the Secretary determines should be covered under the standards promulgated under section 101. (B) Exclusion The term covered service does not include child day care services. (3) Covered employer (A) In general The term covered employer includes a person (including a contractor, a subcontractor, a temporary service firm, or an employee leasing entity) that employs an individual to work at a covered facility or to perform covered services. (B) Exclusion The term covered employer does not include an individual who privately employs, in the individual’s residence, a person to perform covered services for the individual or a family member of the individual. (4) Covered employee The term covered employee includes an individual employed by a covered employer to work at a covered facility or to perform covered services. 103. Requirements for workplace violence prevention standard Each standard described in section 101 shall include, at a minimum, the following requirements: (1) Workplace violence prevention plan Not later than 6 months after the date of promulgation of the interim final standard under section 101(a), or 18 months after the date of enactment of this Act in a case described in section 101(a)(5), a covered employer shall develop, implement, and maintain an effective written workplace violence prevention plan (in this section referred to as the Plan ) for covered employees at each covered facility and for covered employees performing a covered service on behalf of such employer, which meets the following: (A) Plan development Each Plan— (i) shall be developed and implemented with the meaningful participation of direct care employees, other employees, and employee representatives, for all aspects of the Plan; (ii) shall be tailored and specific to conditions and hazards for the covered facility or the covered service, including patient-specific risk factors and risk factors specific to each work area or unit; (iii) shall be suitable for the size, complexity, and type of operations at the covered facility or for the covered service, and remain in effect at all times; and (iv) may be in consultation with stakeholders or experts who specialize in workplace violence prevention, emergency response, or other related areas of expertise for all relevant aspects of the Plan. (B) Plan content Each Plan shall include procedures and methods for the following: (i) Identification of the individual and the individual’s position responsible for implementation of the Plan. (ii) With respect to each work area and unit at the covered facility or while covered employees are performing the covered service, risk assessment and identification of workplace violence risks and hazards to employees exposed to such risks and hazards (including environmental risk factors and patient-specific risk factors), which shall be— (I) informed by past violent incidents specific to such covered facility or such covered service; and (II) conducted with, at a minimum— (aa) direct care employees; (bb) where applicable, the representatives of such employees; and (cc) the employer. (iii) Hazard prevention, engineering controls, or work practice controls to correct hazards, in a timely manner, applying industrial hygiene principles of the hierarchy of controls, which— (I) may include security and alarm systems, adequate exit routes, monitoring systems, barrier protection, established areas for patients and clients, lighting, entry procedures, staffing and working in teams, and systems to identify and flag clients with a history of violence; and (II) shall ensure that employers correct, in a timely manner, hazards identified in any violent incident investigation described in paragraph (2) and any annual report described in paragraph (5). (iv) Reporting, incident response, and post-incident investigation procedures, including procedures— (I) for employees to report workplace violence risks, hazards, and incidents; (II) for employers to respond to reports of workplace violence; (III) for employers to perform a post-incident investigation and debriefing of all reports of workplace violence with the participation of employees and their representatives; (IV) to provide medical care or first aid to affected employees; and (V) to provide employees with information about available trauma and related counseling. (v) Procedures for emergency response, including procedures for threats of mass casualties and procedures for incidents involving a firearm or a dangerous weapon. (vi) Procedures for communicating with and training the covered employees on workplace violence hazards, threats, and work practice controls, the employer’s plan, and procedures for confronting, responding to, and reporting workplace violence threats, incidents, and concerns, and employee rights. (vii) Procedures for— (I) ensuring the coordination of risk assessment efforts, Plan development, and implementation of the Plan with other employers who have employees who work at the covered facility or who are performing the covered service; and (II) determining which covered employer or covered employers shall be responsible for implementing and complying with the provisions of the standard applicable to the working conditions over which such employers have control. (viii) Procedures for conducting the annual evaluation under paragraph (6). (C) Availability of plan Each Plan shall be made available at all times to the covered employees who are covered under such Plan. (2) Violent incident investigation (A) In general As soon as practicable after a workplace violence incident, risk, or hazard of which a covered employer has knowledge, the employer shall conduct an investigation of such incident, risk, or hazard under which the employer shall— (i) review the circumstances of the incident, risk, or hazard, and whether any controls or measures implemented pursuant to the Plan of the employer were effective; and (ii) solicit input from involved employees, their representatives, and supervisors about the cause of the incident, risk, or hazard, and whether further corrective measures (including system-level factors) could have prevented the incident, risk, or hazard. (B) Documentation A covered employer shall document the findings, recommendations, and corrective measures taken for each investigation conducted under this paragraph. (3) Training and education With respect to the covered employees covered under a Plan of a covered employer, the employer shall provide training and education to such employees who may be exposed to workplace violence hazards and risks, which meet the following requirements: (A) Annual training and education shall include information on the Plan, including identified workplace violence hazards, work practice control measures, reporting procedures, record keeping requirements, response procedures, anti-retaliation policies, and employee rights. (B) Additional hazard recognition training shall be provided for supervisors and managers to ensure they— (i) can recognize high-risk situations; and (ii) do not assign employees to situations that predictably compromise the safety of such employees. (C) Additional training shall be provided for each such covered employee whose job circumstances have changed, within a reasonable timeframe after such change. (D) Additional training shall be provided for each such covered employee whose job circumstances require working with victims of torture, trafficking, or domestic violence. (E) Applicable training shall be provided under this paragraph for each new covered employee prior to the employee’s job assignment. (F) All training shall provide such employees opportunities to ask questions, give feedback on training, and request additional instruction, clarification, or other followup. (G) All training shall be provided in-person and by an individual with knowledge of workplace violence prevention and of the Plan, except that any annual training described in subparagraph (A) provided to an employee after the first year such training is provided to such employee may be conducted by live video if in-person training is impracticable. (H) All training shall be appropriate in content and vocabulary to the language, educational level, and literacy of such covered employees. (4) Recordkeeping and access to plan records (A) In general Each covered employer shall— (i) maintain for not less than 5 years— (I) records related to each Plan of the employer, including workplace violence risk and hazard assessments, and identification, evaluation, correction, and training procedures; (II) a violent incident log described in subparagraph (B) for recording all workplace violence incidents; and (III) records of all incident investigations as required under paragraph (2)(B); and (ii) (I) make such records and logs available, upon request, to covered employees and their representatives for examination and copying in accordance with section 1910.1020 of title 29, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act), and in a manner consistent with HIPAA privacy regulations (defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) )) and part 2 of title 42, Code of Federal Regulations (as such part is in effect on the date of enactment of this Act); and (II) ensure that any such records and logs that may be copied, transmitted electronically, or otherwise removed from the employer’s control for purposes of this clause omit any element of personal identifying information sufficient to allow identification of any patient, resident, client, or other individual alleged to have committed a violent incident (including the individual’s name, address, electronic mail address, telephone number, or social security number, or other information that, alone or in combination with other publicly available information, reveals such individual’s identity). (B) Violent incident log description Each violent incident log shall— (i) be maintained by a covered employer for each covered facility controlled by the employer and for each covered service being performed by a covered employee on behalf of such employer; (ii) be based on a template developed by the Secretary not later than 1 year after the date of enactment of this Act; (iii) include, at a minimum, a description of— (I) the violent incident (including environmental risk factors present at the time of the incident); (II) the date, time, and location of the incident, and the names and job titles of involved employees; (III) the nature and extent of injuries to covered employees; (IV) a classification of the perpetrator who committed the violence, including whether the perpetrator was— (aa) a patient, client, resident, or customer of a covered employer; (bb) a family or friend of a patient, client, resident, or customer of a covered employer; (cc) a stranger; (dd) a coworker, supervisor, or manager of a covered employee; (ee) a partner, spouse, parent, or relative of a covered employee; or (ff) any other appropriate classification; (V) the type of violent incident (such as type 1 violence, type 2 violence, type 3 violence, or type 4 violence); and (VI) how the incident was abated; (iv) not later than 7 days after the employer learns of such incident, contain a record of each violent incident, which is updated to ensure completeness of such record; (v) be maintained for not less than 5 years; and (vi) in the case of a violent incident involving a privacy concern case, protect the identity of employees in a manner consistent with section 1904.29(b) of title 29, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act). (C) Annual summary (i) Covered employers Each covered employer shall prepare and submit to the Secretary an annual summary of each violent incident log for the preceding calendar year that shall— (I) with respect to each covered facility, and each covered service, for which such a log has been maintained, include— (aa) the total number of violent incidents; (bb) the number of recordable injuries related to such incidents; and (cc) the total number of hours worked by the covered employees for such preceding year; (II) be completed on a form provided by the Secretary; (III) be posted for 3 months beginning February 1 of each year in a manner consistent with the requirements of part 1904 of title 29, Code of Federal Regulations (as such part is in effect on the date of enactment of this Act), relating to the posting of summaries of injury and illness logs; (IV) be located in a conspicuous place or places where notices to employees are customarily posted; and (V) not be altered, defaced, or covered by other material. (ii) Secretary Not later than 1 year after the promulgation of the interim final standard under section 101(a), or 2 years after the date of enactment of this Act in a case described in section 101(a)(5), the Secretary shall make available a platform for the electronic submission of annual summaries required under this subparagraph. (5) Annual report (A) Report to Secretary Not later than February 15 of each year, each covered employer shall report to the Secretary, on a form provided by the Secretary, the frequency, quantity, and severity of workplace violence, and any incident response and post-incident investigation (including abatement measures) for the incidents set forth in the annual summary of the violent incident log described in paragraph (4)(C). (B) Report to Congress Not later than 6 months after February 15 of each year, the Secretary shall submit to Congress a summary of the reports received under subparagraph (A). The contents of the summary of the Secretary to Congress shall not disclose any confidential information. (6) Annual evaluation Each covered employer shall conduct an annual written evaluation, conducted with the full, active participation of covered employees and employee representatives, of— (A) the implementation and effectiveness of the Plan, including a review of the violent incident log; and (B) compliance with training required by each standard described in section 101, and specified in the Plan. (7) Plan updates Each covered employer shall incorporate changes to the Plan, in a manner consistent with paragraph (1)(A)(i) and based on findings from the most recent annual evaluation conducted under paragraph (6), as appropriate. (8) Anti-retaliation (A) Policy Each covered employer shall adopt a policy prohibiting any person (including an agent of the employer) from the discrimination or retaliation described in subparagraph (B). (B) Prohibition No covered employer shall discriminate or retaliate against any employee for— (i) reporting a workplace violence incident, threat, or concern to, or seeking assistance or intervention with respect to such incident, threat, or concern from, the employer, law enforcement, local emergency services, or a local, State, or Federal government agency; or (ii) exercising any other rights under this paragraph. (C) Enforcement This paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ). 104. Rules of construction Notwithstanding section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 )— (1) nothing in this title shall be construed to curtail or limit authority of the Secretary under any other provision of the law; (2) the rights, privileges, or remedies of covered employees shall be in addition to the rights, privileges, or remedies provided under any Federal or State law, or any collective bargaining agreement; (3) nothing in this Act shall be construed to limit or prevent health care workers, social service workers, and other personnel from reporting violent incidents to appropriate law enforcement; and (4) nothing in this Act shall be construed to limit or diminish any protections in relevant Federal, State, or local law related to— (A) domestic violence; (B) stalking; (C) dating violence; and (D) sexual assault. 105. Other definitions In this title: (1) Workplace Violence (A) In general The term workplace violence means any act of violence or threat of violence, without regard to intent, that occurs at a covered facility or while a covered employee performs a covered service. (B) Exclusions The term workplace violence does not include lawful acts of self-defense or lawful acts of defense of others. (C) Inclusions The term workplace violence includes— (i) the threat or use of physical force against a covered employee that results in or has a high likelihood of resulting in injury, psychological trauma, or stress, without regard to whether the covered employee sustains an injury, psychological trauma, or stress; and (ii) an incident involving the threat or use of a firearm or a dangerous weapon, including the use of common objects as weapons, without regard to whether the employee sustains an injury, psychological trauma, or stress. (2) Type 1 violence The term type 1 violence — (A) means workplace violence directed at a covered employee at a covered facility or while performing a covered service by an individual who has no legitimate business at the covered facility or with respect to such covered service; and (B) includes violent acts by any individual who enters the covered facility or worksite where a covered service is being performed with the intent to commit a crime. (3) Type 2 violence The term type 2 violence means workplace violence directed at a covered employee by customers, clients, patients, students, inmates, or any individual for whom a covered facility provides services or for whom the employee performs covered services. (4) Type 3 violence The term type 3 violence means workplace violence directed at a covered employee by a present or former employee, supervisor, or manager. (5) Type 4 violence The term type 4 violence means workplace violence directed at a covered employee by an individual who is not an employee, but has or is known to have had a personal relationship with such employee, or with a customer, client, patient, student, inmate, or any individual for whom a covered facility provides services or for whom the employee performs covered services. (6) Threat of Violence The term threat of violence means a statement or conduct that— (A) causes an individual to fear for such individual’s safety because there is a reasonable possibility the individual might be physically injured; and (B) serves no legitimate purpose. (7) Alarm The term alarm means a mechanical, electrical, or electronic device that does not rely upon an employee’s vocalization in order to alert others. (8) Dangerous weapon The term dangerous weapon means an instrument capable of inflicting death or serious bodily injury, without regard to whether such instrument was designed for that purpose. (9) Engineering controls (A) In general The term engineering controls means an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between a covered employee and the hazard. (B) Inclusions For purposes of reducing workplace violence hazards, the term engineering controls includes electronic access controls to employee occupied areas, weapon detectors (installed or handheld), enclosed workstations with shatter-resistant glass, deep service counters, separate rooms or areas for high-risk patients, locks on doors, removing access to or securing items that could be used as weapons, furniture affixed to the floor, opaque glass in patient rooms (which protects privacy, but allows the health care provider to see where the patient is before entering the room), closed-circuit television monitoring and video recording, sight-aids, and personal alarm devices. (10) Environmental risk factors (A) In general The term environmental risk factors means factors in the covered facility or area in which a covered service is performed that may contribute to the likelihood or severity of a workplace violence incident. (B) Clarification Environmental risk factors may be associated with the specific task being performed or the work area, such as working in an isolated area, poor illumination or blocked visibility, and lack of physical barriers between individuals and persons at risk of committing workplace violence. (11) Patient-specific risk factors The term patient-specific risk factors means factors specific to a patient that may increase the likelihood or severity of a workplace violence incident, including— (A) a patient’s treatment and medication status, and history of violence and use of drugs or alcohol; and (B) any conditions or disease processes of the patient that may cause the patient to experience confusion or disorientation, be nonresponsive to instruction, behave unpredictably, or engage in disruptive, threatening, or violent behavior. (12) Secretary The term Secretary means the Secretary of Labor. (13) Work practice controls (A) In general The term work practice controls means procedures and rules that are used to effectively reduce workplace violence hazards. (B) Inclusions The term work practice controls includes— (i) assigning and placing sufficient numbers of staff to reduce patient-specific type 2 violence hazards; (ii) provision of dedicated and available safety personnel such as security guards; (iii) employee training on workplace violence prevention methods and techniques to de-escalate and minimize violent behavior; and (iv) employee training on procedures for response in the event of a workplace violence incident and for post-incident response. II Amendments to the Social Security Act 201. Application of the workplace violence prevention standard to certain facilities receiving Medicare funds (a) In general Section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (X), by striking and at the end; (B) in subparagraph (Y), by striking the period at the end and inserting ; and ; and (C) by inserting after subparagraph (Y) the following new subparagraph: (Z) in the case of hospitals that are not otherwise subject to the Occupational Safety and Health Act of 1970 (or a State occupational safety and health plan that is approved under 18(b) of such Act) and skilled nursing facilities that are not otherwise subject to such Act (or such a State occupational safety and health plan), to comply with the Workplace Violence Prevention Standard (as promulgated under section 101 of the Workplace Violence Prevention for Health Care and Social Service Workers Act ). ; and (2) in subsection (b)(4)— (A) in subparagraph (A), by inserting and a hospital or skilled nursing facility that fails to comply with the requirement of subsection (a)(1)(Z) (relating to the Workplace Violence Prevention Standard) after Bloodborne Pathogens standard) ; and (B) in subparagraph (B)— (i) by striking (a)(1)(U) and inserting (a)(1)(V) ; and (ii) by inserting (or, in the case of a failure to comply with the requirement of subsection (a)(1)(Z), for a violation of the Workplace Violence Prevention standard referred to in such subsection by a hospital or skilled nursing facility, as applicable, that is subject to the provisions of such Act) before the period at the end. (b) Effective date The amendments made by subsection (a) shall apply beginning on the date that is 1 year after the date of issuance of the interim final standard on workplace violence prevention required under section 101. | https://www.govinfo.gov/content/pkg/BILLS-117s4182is/xml/BILLS-117s4182is.xml |
117-s-4183 | II 117th CONGRESS 2d Session S. 4183 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish the National Energy Transition Endowment and Community Revitalization Corporation, and for other purposes.
1. Short title This Act may be cited as the National Energy Community Transition Act of 2022 . 2. Definitions In this Act: (1) Average ending balance The term average ending balance , with respect to an account in the Endowment, means— (A) for the first fiscal year during which the Endowment is in operation, the actual ending balance of the account; (B) for the second fiscal year during which the Endowment is in operation, the average of the fiscal year ending balances of the account for that fiscal year and the preceding fiscal year; (C) for the third fiscal year during which the Endowment is in operation, the average of the fiscal year ending balances of the account for the 2-preceding-fiscal-year period; and (D) for the fourth fiscal year during which the Endowment is in operation, and for each fiscal year thereafter, the average of the fiscal year ending balances of the account for the 3-preceding-fiscal-year period. (2) Board The term Board means the Board of Directors of the Corporation. (3) Community development financial institution The term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (4) Corporation The term Corporation means the Community Revitalization Corporation established by section 3(a). (5) Eligible community The term eligible community means— (A) a community experiencing or likely to experience an economic or workforce transition relating to changes in applicable— (i) fossil fuel electricity generation; or (ii) fossil fuel extraction, development, or demand; and (B) a community experiencing or likely to experience a decline in fossil fuel-related revenue. (6) Endowment The term Endowment means the National Energy Transition Endowment Fund established by section 4(a)(1). (7) Energy community hub The term energy community hub means a place-based organization (including a nonprofit entity, community development financial institution, regional economic development authority, or other community-based organization, as determined to be appropriate by the Corporation) that— (A) facilitates economic and community development in an eligible community; and (B) provides necessary capacity and experience to implement a transition program for 1 or more eligible communities. (8) Transition program The term transition program means a program described in section 5(a)(2) or paragraph (3) or (4) of section 5(b). 3. Establishment of the community revitalization corporation (a) In general There is established a federally chartered, nonprofit corporation, to be known as the Community Revitalization Corporation . (b) Status and applicable laws (1) Non-Federal entity The Corporation is not a department, agency, or instrumentality of the United States Government. (2) Liability The United States Government shall not be liable for the actions or inactions of the Corporation. (3) Nonprofit corporation The Corporation shall have and maintain the status of the Corporation as a nonprofit corporation exempt from taxation under the Internal Revenue Code of 1986. (c) Board of directors (1) Authority The powers of the Corporation shall be vested in a Board of Directors that governs the Corporation. (2) Membership (A) In general The Board shall be composed of not fewer than 7 but not more than 11 members, who shall be appointed by the President, not later than 90 days after the date of enactment of this Act, by and with the advice and consent of the Senate. (B) Qualifications of members (i) In general Subject to clauses (ii) and (iii), in making appointments under subparagraph (A), the President shall ensure that the membership of the Board— (I) includes— (aa) members from eligible communities; (bb) members with relevant economic development experiences with— (AA) eligible communities; (BB) underserved rural communities in economic distress; and (CC) underrepresented minority communities, such as indigenous communities, Tribal communities, or communities of color; and (cc) members representing a recognized State labor organization or central labor council or other labor representatives, as appropriate; and (II) has not more than a 1-member majority from any political party. (ii) Prohibition A member of the Board shall not hold an office, position, or employment in any political party. (iii) Initial members The President shall ensure that the initial membership of the Board includes a representative of each of the Northern Rocky Mountain region, the Four Corners region, the Mid-Continental Gulf Coast region, the Illinois Basin region, the Appalachian region, and the Alaska region, as described in the report prepared by the Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization entitled Initial Report to the President on Empowering Workers Through Revitalizing Energy Communities and dated April 2021. (C) Terms (i) In general A member of the Board shall be appointed for a term of 4 years, except that the President shall designate staggered terms for the members first appointed to the Board. (ii) Reappointment A member of the Board may be reappointed to serve an additional term, subject to the condition that the member may serve for not more than 2 consecutive terms. (D) Vacancies (i) In general A vacancy on the Board shall be— (I) filled in the manner in which the original appointment was made; and (II) subject to any conditions that applied with respect to the original appointment. (ii) Filling unexpired term An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (E) Expiration of terms Any member of the Board may continue to serve after the expiration of the term for which the member was appointed until a qualified successor has been appointed. (3) Chairperson (A) In general The Chairperson of the Board shall be selected from among the members of the Board by a majority vote of the members. (B) Term of service The Chairperson of the Board— (i) shall serve for a term of not longer than 4 years; and (ii) may be reelected to serve an additional term, subject to the condition that the Chairperson may serve for not more than 2 consecutive terms. (4) Consultation To the maximum extent practicable, in carrying out the duties of the Corporation under subsection (d)(3), the Board shall engage regional economic development entities and energy community hubs to solicit and consider input and feedback relating to decisions impacting the 1 or more regions the entity represents. (d) Bylaws and duties (1) In general The Board shall adopt, and may amend, the bylaws of the Corporation. (2) Bylaws The bylaws of the Corporation shall include, at a minimum— (A) the duties and responsibilities of the Board; and (B) the operational procedures of the Corporation. (3) Duties and responsibilities of board The Board shall be responsible for actions of the Corporation, including— (A) hiring staff to carry out the functions of the Corporation; (B) entering into contracts with fund management and investment professionals to manage the Endowment; (C) making formula payments under section 5(a)(2); (D) making grants in accordance with section 5(b)(3); (E) monitoring Federal and State policies relevant to rural and transitioning communities; (F) coordinating (including through entering into contracts), as appropriate, with relevant agencies, institutions, energy community hubs, and other entities that provide economic, training, and capacity assistance to eligible communities consistent with the duties under subparagraphs (C), (D), (H), and (I); (G) creating and maintaining accessible electronic materials targeted towards eligible communities, including up-to-date, user-friendly information on— (i) the programs and activities carried out by the Corporation; and (ii) other relevant Federal programs that provide economic assistance to eligible communities or other similar transitioning communities; (H) making public investments in accordance with section 5(b)(4); and (I) monitoring, assessing, and reporting on outcomes of— (i) any financial assistance provided under a transition program; and (ii) any public investment made under section 5(b)(4). (4) Chief Executive Officer The Board shall select and hire a Chief Executive Officer, who shall report directly to the Board. 4. Establishment of endowment and investment strategy (a) Endowment fund (1) In general There is established within the Corporation an endowment, to be known as the National Energy Transition Endowment Fund , consisting of— (A) amounts deposited in the Endowment under paragraph (3) and subsection (b)(3)(B); (B) income from investments of amounts in the Endowment under paragraph (4); and (C) amounts transferred to the Endowment under subsection (c). (2) Accounts Within the Endowment, there are established the following accounts: (A) The Transitioning Communities Permanent Account, consisting of the amounts described in subparagraphs (A) and (B) of paragraph (1). (B) The Transitioning Communities Benefit Account, consisting of the amounts described in paragraph (1)(C). (3) Deposit Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall deposit in the Endowment, out of amounts in the Treasury not otherwise appropriated, $20,000,000,000. (4) Investments In accordance with the investment strategy developed under subsection (b)(1), the Board shall invest the principal balance of the Endowment. (b) Investments (1) In general Not later than 180 days after the date of enactment of this Act, the Board shall establish an investment strategy for amounts in the Endowment that— (A) protects the principal balance of the Endowment from inflation through such measures as the Board determines to be necessary to maintain in perpetuity the inflation-adjusted value of all deposits into the Endowment under subparagraphs (A) and (C) of subsection (a)(1); and (B) to the maximum extent practicable, achieves a return on investment of 5 percent (net of inflation) to finance— (i) disbursements to eligible entities under section 5(a)(2); and (ii) the administration of the Corporation under paragraph (3)(A). (2) Investment of principal balance Of the principal balance of the Endowment, the Board shall invest— (A) an amount equal to not less than 85 percent, and not more than 90 percent, in a diversified portfolio of stocks and bonds; and (B) an amount equal to not less than 10 percent, and not more than 15 percent, in investments that leverage the purposes of disbursements from the Endowment authorized under section 5. (3) Administrative funds (A) In general For each fiscal year, the Board may disburse to the Corporation from the Transitioning Communities Permanent Account, for the administrative expenses of the Corporation, not more than the amount equal to the product obtained by multiplying— (i) the average ending balance of the Transitioning Communities Permanent Account with respect to that fiscal year; and (ii) 0.5 percent. (B) Excess funds If the amount of the actual administrative expenses of the Corporation for a fiscal year is less than the amount disbursed to the Corporation for the fiscal year under subparagraph (A), an amount equal to the difference between those amounts shall be deposited in the Endowment. (c) Transfers to endowment from energy and natural resources leasing Each fiscal year, the Secretary of the Treasury shall transfer to the Endowment an amount equal to 33 percent of amounts in the Treasury received from fossil fuel extraction and production leasing and renewable energy resource leasing on Federal land for that fiscal year and not otherwise obligated. (d) Reports The Corporation shall submit to Congress, and make available to the public (including any eligible entities that receive financial assistance under a transition program)— (1) a quarterly report on Endowment investment outcomes; and (2) an annual report describing disbursements from the Endowment, including how amounts were allocated under the transition programs. (e) Oversight Annually, the Inspectors General of the Department of the Interior and the Department of the Treasury shall conduct a review of the management of the Endowment by the Corporation. 5. Disbursements from Endowment (a) Transitioning Communities Permanent Account (1) Availability of amounts Not later than September 30 of each fiscal year, in accordance with paragraph (2), the Board shall make available from the Transitioning Communities Permanent Account an amount equal to the product obtained by multiplying— (A) the average ending balance of the Transitioning Communities Permanent Account with respect to that fiscal year; and (B) 4.5 percent. (2) Formula distribution (A) Definition of eligible entity In this paragraph, the term eligible entity means a municipal, county, or Tribal government that represents an eligible community. (B) Allocation The Corporation shall allocate the amount made available from the Transitioning Communities Permanent Account under paragraph (1) each fiscal year to eligible entities pursuant to subparagraph (C). (C) Formula (i) In general The Corporation shall establish a formula to allocate amounts made available from the Transitioning Communities Permanent Account each fiscal year under subparagraph (B) directly to eligible entities. (ii) Requirement To the maximum extent practicable, in establishing the formula under clause (i), the Corporation shall use as a model existing formulas established by the Treasury, if available and as applicable. (D) Review and public comment (i) In general The Board shall review the formula established under subparagraph (C) not less frequently than once every 3 years. (ii) Public comment The results of the review conducted under clause (i), including any recommended changes to the formula made by the Board, shall be subject to a period of public comment of not less than 30 days. (E) Formula criteria The formula established under subparagraph (C) or modified under subparagraph (D) shall— (i) be designed to reflect eligible communities; and (ii) take into account revenue declines that— (I) have occurred during the 20-year period ending on, as applicable— (aa) the date of enactment of this Act; or (bb) the date of the applicable review under subparagraph (D)(i); and (II) are projected to occur during the 10-year period beginning on, as applicable— (aa) the date of enactment of this Act; or (bb) the date of the applicable review under subparagraph (D)(i). (F) Priority (i) Definition of officially announced closure In this subparagraph, the term officially announced closure means— (I) in the case of the closure of a fossil fuel energy-generating unit or facility, a notice of closure filed with— (aa) the Energy Information Administration; or (bb) a relevant regional reliability regulator, including a Regional Transmission Organization, Independent System Operator, or State public utility commission; and (II) in the case of the closure of a coal mine that provides coal for an electric power plant for which a notice of closure has been filed under subclause (I), a notice of closure that includes supporting documentation from form 923 of the Energy Information Administration (or a successor form). (ii) Priority In establishing the formula under subparagraph (C), the Corporation shall prioritize eligible entities located in eligible communities experiencing or likely to experience an acute fiscal crisis associated with the loss of revenue resulting from— (I) the closure or officially announced closure of 1 or more fossil fuel energy-generating units or facilities; or (II) the decline or cessation of fossil fuel extraction activities. (G) Considerations In establishing the formula under subparagraph (C), the Corporation shall consider community characteristics, including social and economic measures of income, poverty, education, geographic isolation, and other characteristics identified by the Corporation. (H) Use of funds An eligible entity may use amounts received under this paragraph for any governmental purpose. (b) Transitioning Communities Permanent Account (1) Availability of amounts Not later than September 30 of each fiscal year, in accordance with paragraphs (2) through (4), the Board shall make available from the Transitioning Communities Benefit Account an amount equal to the product obtained by multiplying— (A) the average ending balance of the Transitioning Communities Benefit Account with respect to that fiscal year; and (B) 4.5 percent. (2) Allocation The Corporation shall allocate the amount made available from the Transitioning Communities Benefit Account under paragraph (1) each fiscal year— (A) to provide grants to eligible entities pursuant to the transition program described in paragraph (3); and (B) for public investment pursuant to the transition program described in paragraph (4). (3) Capacity building; planning and implementation grants (A) Definition of eligible entity In this paragraph, the term eligible entity includes— (i) a municipal, county, or Tribal government; (ii) an energy community hub; and (iii) any other entity that represents eligible communities, as determined to be appropriate by the Corporation. (B) Priority; limitation (i) Priority Priority for grants under this paragraph shall be given to eligible entities carrying out activities in eligible communities that have limited capacity to apply for or otherwise access Federal funding, as determined by the Corporation. (ii) Limitation In the case of an eligible entity described in clause (ii) or (iii) of subparagraph (A), a grant under this paragraph may only be provided to the eligible entity if the applicable municipal, county, or Tribal government submits to the Corporation, in writing, a statement that the applicable municipal, county, or Tribal government supports the grant for the eligible entity. (C) Training and technical assistance Each fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(A), the Corporation shall provide to eligible entities technical assistance to apply for or otherwise access Federal funding, including capacity-building grants under subparagraph (D) and planning and implementation grants under subparagraph (E). (D) Capacity-building grants Each fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(A), the Corporation shall make noncompetitive capacity-building grants to each eligible entity to assist with developing strategic transition plans necessary to receive additional competitive grants and financing opportunities. (E) Planning and implementation grants (i) Grants Each fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(A), the Corporation shall make competitive, multiyear grants to eligible entities to fund— (I) strategic transition planning activities in eligible communities; (II) the implementation of transition plans in eligible communities; and (III) transition projects in eligible communities, including workforce retraining and community development projects. (ii) Strategy for data collection, monitoring, and reporting In carrying out this subparagraph, the Corporation shall develop a strategy to assist eligible entities receiving grants under this subparagraph with any applicable data collection, monitoring, and reporting requirements. (iii) Assessment by Corporation To ensure transparency and improve the transfer and understanding of transition planning and implementation outcomes, the Corporation shall compile, conduct assessments of, and report on data provided by eligible entities provided grants under this subparagraph, in accordance with section 3(d)(3)(I). (4) Public investment (A) In general Each fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(B), the Corporation shall make public investments in public or private projects carried out in eligible communities that leverage transition programs funded under paragraph (3). (B) Consultation The Corporation may carry out subparagraph (A) in consultation with the staff of the Corporation, community development financial institutions, public benefit corporations, entities that provide philanthropic funding, energy community hubs, and other partners to invest capital in businesses and infrastructure in eligible communities. (C) Requirement for return on investment To the maximum extent practicable, the Corporation shall ensure that the entire portfolio of transition investments under subparagraph (A) contributes to a return to the Endowment that achieves the target described in section 4(b)(1)(B). | https://www.govinfo.gov/content/pkg/BILLS-117s4183is/xml/BILLS-117s4183is.xml |
117-s-4184 | II 117th CONGRESS 2d Session S. 4184 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Ms. Duckworth introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Blair Holt Firearm Owner Licensing and Record of Sale Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. TITLE I—Licensing Sec. 101. Licensing requirement. Sec. 102. Issuance, revocation, and renewal of firearm owner licenses. Sec. 103. Relief from denial or revocation of firearm owner licenses. TITLE II—Record of Sale or Transfer Sec. 201. Sale or transfer requirements for qualifying firearms. Sec. 202. Firearm records. TITLE III—Additional Prohibitions Sec. 301. Firearms transfers. Sec. 302. Failure to maintain or permit inspection of records. Sec. 303. Failure to report loss or theft of firearm. Sec. 304. Failure to provide notice of change of address. Sec. 305. Child access prevention. TITLE IV—Enforcement Sec. 401. Criminal penalties. Sec. 402. Regulations. Sec. 403. Inspections. Sec. 404. Orders. Sec. 405. Injunctive enforcement. TITLE V—Firearm Injury Information and Research Sec. 501. Duties of the Attorney General. TITLE VI—Effect on State Law Sec. 601. Effect on State law. Sec. 602. Certification of State firearm licensing systems and State firearm record of sale systems. TITLE VII—Relationship to Other Law Sec. 701. Subordination to Arms Export Control Act . TITLE VIII—Inapplicability Sec. 801. Inapplicability to governmental authorities. TITLE IX—Effective Dates of Amendments Sec. 901. Effective dates of amendments. 2. Findings and purposes (a) Findings Congress finds that— (1) the manufacture, distribution, and importation of firearms is inherently commercial in nature; (2) firearms regularly move in interstate commerce; (3) to the extent that firearms trafficking is intrastate in nature, it arises out of and is substantially connected with a commercial transaction that, when viewed in the aggregate, substantially affects interstate commerce; (4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce; (5) firearm-related assaults in the United States during the 19-year period between 2001 and 2019 were— (A) associated with the majority of homicides and half of all suicides; and (B) the seventh leading cause of nonfatal violent injuries; (6) on the afternoon of May 10, 2007, Blair Holt, a junior at Julian High School in Chicago, was killed on a public bus riding home from school when he used his body to shield a girl who was in the line of fire after a young man boarded the bus and started shooting; (7) since 2007, when 32 students and teachers were killed at Virginia Tech, 7 of the 11 most deadly mass shootings in the United States have taken place; (8) since 2012, when 20 first graders and teachers were murdered with an assault rifle at Sandy Hook Elementary School in Newtown, Connecticut, more than 230 school shootings have occurred in the United States; (9) in 2015, there were 335 mass shootings, including, notably, the shooting at Umpqua Community College in Oregon, the Charleston church shooting in South Carolina, the theater shooting in Lafayette, Louisiana, and the Isla Vista community shootings in California; (10) since 2016, the country has witnessed 4 of the 10 most deadly mass shootings in modern United States history; (11) in February 2018, 17 members of the Marjory Stoneman Douglas High School community in Parkland, Florida, lost their lives at the hands of a 19-year-old armed with an AR–15 semiautomatic assault rifle; (12) according to the Federal Bureau of Investigation, the criminal homicide rate increased from 5.1 per 100,000 people in 2019 to 6.5 per 100,000 people in 2020, the largest single year increase in at least the past 6 decades and approximately 73 percent of 2019 criminal homicides are estimated to have been firearms-related, while approximately 77 percent of 2020 criminal homicides are estimated to have been firearms-related; (13) communities of color suffer disproportionately from gun violence, with Black children and teens 14 percent more likely to die of gun violence than their White counterparts and Latino children and teens 3 times more likely to die of gun violence than their White counterparts; and (14) between 2015 and 2020, there were 2,429 mass shootings, including 611 in 2020 alone. (b) Sense of Congress It is the sense of Congress that— (1) firearms trafficking is prevalent and widespread in and among the States, and it is usually impossible to distinguish between intrastate trafficking and interstate trafficking; and (2) it is in the national interest and within the role of the Federal Government to ensure that the regulation of firearms is uniform among the States, that law enforcement can quickly and effectively trace firearms used in crime, and that firearms owners know how to use and safely store their firearms. (c) Purposes The purposes of this Act and the amendments made by this Act are— (1) to protect the public against the unreasonable risk of injury and negligent or reckless death associated with the unrecorded sale or transfer of qualifying firearms to criminals and youths; (2) to ensure that owners of qualifying firearms are knowledgeable in the safe use, handling, and storage of those firearms; (3) to restrict the availability of qualifying firearms to criminals, youth, and other persons prohibited by Federal law from receiving firearms; (4) to facilitate the tracing of qualifying firearms used in crime by Federal and State law enforcement agencies; and (5) to hold criminally and civilly liable those who facilitate the transfer of qualifying firearms, causing risk of injury and negligent or reckless death associated with the transfer of those qualifying firearms. 3. Definitions (a) In general In this Act, the terms firearm , qualifying firearm , and State have the meanings given those terms in section 921(a) of title 18, United States Code, as amended by subsection (b). (b) Title 18, United States Code Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) The term detachable ammunition feeding device — (A) means a magazine, belt, drum, feed strip, or similar device that— (i) is capable of being detached from a semiautomatic rifle; and (ii) has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (37) The term firearm owner license means a license issued under section 923(m). (38) The term qualifying firearm — (A) means— (i) a handgun; or (ii) a semiautomatic rifle that is capable of accepting a detachable ammunition feeding device; and (B) does not include an antique firearm. . I Licensing 101. Licensing requirement Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) Firearm licensing requirement (1) In general Subject to paragraph (2), it shall be unlawful for any individual other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the applicable date, unless that individual has a valid— (A) firearm owner license; or (B) State firearm license. (2) Exemptions (A) In general Paragraph (1) shall not apply to— (i) a Federal, State, local, or Tribal law enforcement officer while engaged in the performance of official duties; (ii) a member of the Armed Forces or National Guard while engaged in the performance of official duties; (iii) a Federal employee who is required to carry a qualifying firearm in the capacity of that individual as a Federal employee while engaged in the performance of official duties; (iv) a member of a bona fide veterans organization that received the qualifying firearm directly from the Armed Forces, including a member of the color guard of the veterans organization, while using the qualifying firearm for a ceremonial purpose with blank ammunition; (v) an unemancipated minor who is under the direct supervision of an individual who— (I) has a valid firearm owner license or State firearm license; and (II) is, with respect to the minor— (aa) a parent; (bb) a legal guardian; or (cc) any other individual standing in loco parentis; (vi) an individual with a valid hunting license issued by a State while the individual is— (I) hunting in the State that issued the license; and (II) accompanied by an individual who has a valid firearm owner license or State firearm license; or (vii) an individual who is— (I) (aa) on a firing or shooting range; or (bb) participating in a firearms safety or training course recognized by— (AA) a Federal, State, local, or Tribal law enforcement agency; or (BB) a national or statewide shooting sports organization; (II) otherwise eligible to obtain a firearm owner license; and (III) under the direct supervision of an individual who— (aa) has a valid firearm owner license or State firearm license; and (bb) is not less than 21 years of age. (B) Individuals with State firearm licenses Not later than 60 days after the date on which an individual who has a State firearm license moves from the State in which the State firearm license of the individual was issued to a different State, the individual shall— (i) if the State to which the individual has moved has a State firearm owner licensing system certified by the Attorney General under section 933, apply for— (I) a State firearm license under that State system; or (II) a firearm owner license; or (ii) if the State to which the individual has moved does not have a State firearm licensing system certified by the Attorney General under section 933, apply for a firearm owner license. (3) Definitions In this subsection— (A) the term applicable date means, with respect to a qualifying firearm that is acquired by the individual— (i) before the date of enactment of the Blair Holt Firearm Owner Licensing and Record of Sale Act of 2022 , 2 years after that date of enactment; and (ii) on or after the date of enactment of the Blair Holt Firearm Owner Licensing and Record of Sale Act of 2022 , 1 year after that date of enactment; and (B) the term State firearm license means a firearm license issued under a firearm licensing system established by a State that has been certified by the Attorney General under section 933. (bb) Denial or revocation of firearm owner licenses It shall be unlawful for any individual who is denied a firearm owner license under paragraph (3)(D) of section 923(m) or receives a revocation notice under paragraph (5)(B)(i) of that section to knowingly— (1) fail to surrender the firearm owner license of the individual in accordance with paragraph (6)(A)(i) of that section; (2) fail to submit a firearm disposition record in accordance with paragraph (6)(A)(ii) of that section; (3) make a false statement in a firearm disposition record submitted under paragraph (6)(A)(ii) of that section; or (4) fail to transfer any qualifying firearm of the individual in accordance with paragraph (6)(A)(iii) of that section. . 102. Issuance, revocation, and renewal of firearm owner licenses Section 923 of title 18, United States Code, is amended— (1) in subsection (d)(1)(F)(iii), by inserting under subsection (a) or (b) after Federal firearms license ; (2) in subsection (l), by inserting under subsection (a) or (b) after a firearms license is issued ; and (3) by adding at the end the following: (m) Firearm owner licenses (1) Definitions In this subsection— (A) the term clinical psychologist means a psychologist licensed or registered to practice psychology in the State in which the psychologist practices who— (i) has— (I) a doctoral degree from a regionally accredited university, college, or professional school; and (II) not less than 2 years of supervised experience in health services, of which— (aa) not less than 1 year is of postdoctoral experience; and (bb) not less than 1 year is of experience in an organized health service program; or (ii) has— (I) a graduate degree in psychology from a regionally accredited university or college; and (II) not less than 6 years of experience as a psychologist, of which not less than 2 years are of supervised experience in health services; (B) the term covered offense means battery, assault, aggravated assault, or violation of an order of protection, in which a firearm was used or possessed; (C) the term identification document has the meaning given the term in section 1028(d); (D) the term licensed individual means an individual issued a firearm owner license under paragraph (3); (E) the term physician means a doctor of medicine legally authorized to practice medicine by the State in which the physician performs that function or action; (F) the term qualified examiner means a medical professional authorized to conduct a qualifying mental health evaluation by the State in which the evaluation occurs; and (G) the term qualifying mental health evaluation means a mental evaluation by a physician, clinical psychologist, or qualified examiner resulting in a certification by the physician, clinical psychologist, or qualified examiner that an individual is not a clear and present danger to the individual or others. (2) Applications (A) In general An individual applying for a firearm owner license under this subsection shall submit to the Attorney General, in accordance with the regulations promulgated under subparagraph (B), an application that includes— (i) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant; (ii) the name, address, and date and place of birth of the applicant; (iii) any other name that the applicant has ever used or by which the applicant has ever been known; (iv) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the applicant is not a person prohibited from receiving a firearm; (v) (I) a certification by the applicant that the applicant is not younger than 21 years old; or (II) in the case of an applicant who is younger than 21 years old— (aa) written proof of the consent of the parent or legal guardian of the applicant for the applicant to possess and acquire a qualifying firearm, provided that the parent or legal guardian— (AA) is not an individual prohibited by subsection (g) or (n) of section 922 from receiving a firearm; and (BB) submits an affidavit with the application affirming that the parent or legal guardian is not an individual prohibited by subsection (g) or (n) of section 922 from receiving a firearm; and (bb) a certification by the applicant that the applicant has not been convicted of a misdemeanor, other than a traffic offense, or adjudged delinquent; (vi) a certification by the applicant that the applicant— (I) was not a patient in a mental health facility during the 5-year period preceding the date on which the application is submitted; (II) is not an individual with an intellectual or developmental disability; (III) is not subject to an order of protection prohibiting the applicant from possessing a firearm; (IV) has not been convicted of a covered offense during the 5-year period preceding the date on which the application is submitted; and (V) has not been adjudged delinquent for an act of juvenile delinquency that if committed by an adult would be a felony; (vii) if the individual was a patient in a mental health facility during a period ending more than 5 years before the date on which the application is submitted, a qualifying mental health evaluation; (viii) an authorization by the applicant to release to the Attorney General, or an authorized representative of the Attorney General, any mental health records pertaining to the applicant; (ix) the rolled fingerprints of the applicant; (x) the date on which the application was submitted; and (xi) the signature of the applicant. (B) Regulations governing submission (i) In general The Attorney General shall promulgate regulations specifying procedures for the submission of an application under subparagraph (A) to the Attorney General that shall— (I) provide for submission of the application through a licensed dealer or an office or agency of the Federal Government designated by the Attorney General; (II) require the applicant to provide a valid identification document of the applicant, containing a photograph of the applicant, to the licensed dealer or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that licensed dealer, office, or agency; and (III) require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the licensed dealer or office or agency of the Federal Government. (ii) Definition In this subparagraph, the term agency has the meaning given the term in section 551 of title 5. (C) Fees (i) In general The Attorney General shall charge and collect from each applicant for a license under this subsection a fee in an amount determined in accordance with clause (ii). (ii) Fee amount The amount of the fee collected under this subparagraph shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subparagraph during a fiscal year is sufficient to cover the costs of carrying out this subsection during that fiscal year, except that such amount shall not exceed $10. (3) Issuance of licenses (A) In general Not later than 30 days after the date on which an application is submitted under paragraph (2), the Attorney General shall issue a firearm owner license to an applicant who has submitted an application that meets the requirements under paragraph (2), if, after conducting a fingerprint-based nationwide criminal background check using the rolled fingerprints of the applicant submitted in the application, the Attorney General determines that the applicant— (i) is not prohibited by subsection (g) or (n) of section 922 from receiving a qualifying firearm; (ii) (I) is not younger than 21 years old; or (II) is younger than 21 years old and— (aa) has submitted written proof of the consent of the parent or legal guardian of the applicant required under paragraph (2)(A)(v)(II)(aa); and (bb) has not been convicted of a misdemeanor, other than a traffic offense, or adjudged delinquent; (iii) was not a patient in a mental health facility during the 5-year period preceding the date on which the application is submitted; (iv) is not an individual with an intellectual or developmental disability; (v) is not subject to an order of protection prohibiting the applicant from possessing a firearm; (vi) has not been convicted of a covered offense during the 5-year period preceding the date on which the application is submitted; (vii) has not been adjudged delinquent for an act of juvenile delinquency that if committed by an adult would be a felony; (viii) if the applicant was a patient in a mental health facility during a period ending more than 5 years before the date on which the application is submitted, has received a qualifying mental health evaluation; (ix) does not have a mental condition that makes the applicant a clear and present danger to the individual or others; and (x) has not intentionally made a false statement in the application under paragraph (2). (B) Effect of issuance to prohibited individuals A firearm owner license issued under this paragraph shall be null and void if issued to an individual who is prohibited by subsection (g) or (n) of section 922 from receiving a firearm. (C) Form of licenses A firearm owner license issued under this paragraph shall be in the form of a tamper-resistant card, and shall include— (i) the photograph of the licensed individual submitted with the application under paragraph (2); (ii) the address of the licensed individual; (iii) the date of birth of the licensed individual; (iv) the sex of the licensed individual; (v) the height and weight of the licensed individual; (vi) a license number, unique to each licensed individual; (vii) the expiration date of the license, which shall be— (I) the date that is 5 years after the initial anniversary of the date of birth of the licensed individual following the date on which the license is issued; or (II) in the case of a license renewed under paragraph (4), the date that is 5 years after the anniversary of the date of birth of the licensed individual following the date on which the license is renewed; (viii) a facsimile of the rolled fingerprints of the individual submitted in the application of the individual under paragraph (2)(A)(ix) in an encrypted, embedded, and machine-readable format; (ix) the signature of the licensed individual provided on the application under paragraph (2), or a facsimile of the signature; and (x) centered at the top of the license, capitalized, and in boldface type, the following: FIREARM OWNER LICENSE—NOT VALID FOR ANY OTHER PURPOSE . (D) Denial (i) In general If the Attorney General determines that an applicant does not meet the requirements under subparagraph (A), the Attorney General shall provide written notice to the applicant that states— (I) the specific grounds on which the denial is based; and (II) the requirements for issuance of a firearm owner license under subparagraph (A). (ii) Notice to local law enforcement The Attorney General shall transmit a copy of the notice described in clause (i) to the sheriff and law enforcement agency having jurisdiction where the individual to whom the denial pertains resides. (E) Change of address A licensed individual shall immediately notify the Attorney General if the licensed individual moves from the residence address listed on the firearm owner license of that licensed individual. (4) Renewal of licenses (A) Applications for renewal of licenses (i) In general A licensed individual seeking to renew a firearm owner license shall, not later than 60 days before the expiration date of the firearm owner license, submit to the Attorney General, in accordance with the regulations promulgated under subparagraph (B), an application for renewal of the license. (ii) Contents An application submitted under clause (i) shall include— (I) a current, passport-sized photograph of the licensed individual that provides a clear, accurate likeness of the licensed individual; (II) current proof of identity of the licensed individual; and (III) the address of the licensed individual. (iii) Regulations governing submission The Attorney General shall promulgate regulations specifying procedures for the submission of applications under this subparagraph. (B) Issuance of renewed licenses Upon approval of an application submitted under subparagraph (A), the Attorney General shall issue a renewed license, which shall meet the requirements of paragraph (3)(C), except that the license shall include the current photograph and address of the licensed individual, as provided in the application submitted under subparagraph (A) of this paragraph, and the expiration date of the renewed license, in accordance with paragraph (3)(C)(vii)(II). (5) Revocation of licenses (A) In general If a licensed individual becomes an individual who the Attorney General determines does not meet the requirements under paragraph (3)(A) of this subsection— (i) the firearm owner license is revoked; and (ii) the individual shall surrender the firearm owner license to the Attorney General in accordance with paragraph (6)(A) of this subsection. (B) Notice (i) In general Upon receipt by the Attorney General of notice that a licensed individual has become an individual described in subparagraph (A), the Attorney General shall provide written notice to the individual that— (I) the firearm owner license is revoked; and (II) states the specific grounds on which the revocation is based. (ii) Notice to local law enforcement The Attorney General shall transmit a copy of the notice described in clause (i) to the sheriff and law enforcement agency having jurisdiction where the individual to which the denial pertains resides. (6) Surrender of licenses and qualifying firearms (A) In general Subject to subparagraph (F), an individual who is denied a firearm owner license under paragraph (3)(D) or receives a revocation notice under paragraph (5)(B)(i) shall, not later than 48 hours after receiving notice of the denial or revocation— (i) in the case of an individual who receives a revocation notice, surrender the firearm owner license of the individual— (I) by bringing the firearm owner license to an office of— (aa) the Federal Bureau of Investigation; (bb) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or (cc) a United States Attorney; or (II) by mailing the firearm owner license to the Attorney General; (ii) if the individual owns or has custody and control of a qualifying firearm, complete a firearm disposition record described in subparagraph (B) and— (I) in the case of an individual who receives a denial notice, submit that firearm disposition record to an entity described in clause (i); and (II) in the case of an individual who receives a revocation notice, submit that firearm disposition record at the same time that the individual surrenders the firearm owner license under clause (i); and (iii) transfer any qualifying firearm that is owned by or under the custody and control of the individual to— (I) any location other than— (aa) a location to which the individual has immediate access; (bb) a residence of the individual; (cc) a vehicle of the individual; or (dd) a storage space of the individual; or (II) if applicable, any person other than a member of the household of the individual. (B) Firearm disposition records The Attorney General shall prescribe a form for a firearm disposition record to be completed under subparagraph (A)(ii) that shall require an individual completing the firearm disposition record to disclose— (i) the make, model, and serial number of each qualifying firearm that is owned by or under the custody and control of the individual on the date on which the firearm disposition record is completed by the individual; (ii) the location where each qualifying firearm described in clause (i) will be located after the individual submits the firearm disposition record; and (iii) if any qualifying firearm described in clause (i) will be transferred to the ownership or custody and control of another person, the name, address, and, if applicable, firearm owner license number of the transferee. (C) Responsibilities of receiving entities At the time at which an entity described in subparagraph (A)(i) receives a firearm owner license and firearm disposition record under subparagraph (A), the entity shall— (i) provide to the individual surrendering the firearm owner license and submitting the firearm disposition record— (I) a receipt showing that the individual surrendered the firearm owner license to the entity; and (II) a copy of the firearm disposition record submitted by the individual; and (ii) if the entity is an entity described in item (aa), (bb), or (cc) of subparagraph (A)(i)(I)— (I) transmit to the Attorney General— (aa) the firearm owner license; and (bb) the firearm disposition record; and (II) maintain a copy of the documents described in subclause (I) of this clause. (D) Right to reclaim firearm An individual who transfers a qualifying firearm under subparagraph (A)(iii) may reclaim the qualifying firearm after a successful application for relief or appeal under section 925(g). . 103. Relief from denial or revocation of firearm owner licenses Section 925 of title 18, United States Code, is amended by adding at the end the following: (g) Relief from denial or revocation of firearm owner licenses (1) Application to the Attorney General (A) In general If the Attorney General denies a firearm owner license to an individual under paragraph (3)(D) of section 923(m) or revokes the firearm owner license of an individual under paragraph (5) of that section, the individual may, not later than 60 days after the date on which the denial or revocation occurs, make an application to the Attorney General for relief from that denial or revocation. (B) Relief The Attorney General may grant relief to an applicant under subparagraph (A), if the applicant establishes to the satisfaction of the Attorney General that the circumstances relating to the denial or revocation, and the criminal record and personal reputation of the applicant, are such that— (i) the applicant will not be likely to act in a manner dangerous to public safety; and (ii) relief under this subparagraph would not be contrary to the public interest. (C) Notice in the Federal Register If the Attorney General grants relief under subparagraph (B), the Attorney General shall promptly publish in the Federal Register a notice— (i) that the relief was granted; and (ii) that describes the reasons for granting the relief. (2) Appeal (A) In general An applicant who is denied relief under paragraph (1)(B) may file a petition for judicial review of the denial with the district court of the United States for the district in which the applicant resides. (B) Hearing A court that receives a petition under subparagraph (A) shall hold a hearing to determine whether to grant the petitioner relief described in paragraph (1)(A) not later than 72 hours after the petitioner files the petition. (C) Notice and opportunity to be heard (i) In general The court shall provide the petitioner with notice and the opportunity to be heard at a hearing under this paragraph, sufficient to protect the due process rights of the petitioner. (ii) Right to counsel (I) In general At a hearing under this paragraph, the petitioner may be represented by counsel who is— (aa) chosen by the petitioner; and (bb) authorized to practice at such a hearing. (II) Court-provided counsel If the petitioner is financially unable to obtain representation by counsel, the court, at the request of the petitioner, shall ensure to the extent practicable that the petitioner is represented by an attorney for the Legal Services Corporation with respect to the petition. (D) Burden of proof; standard At a hearing under this paragraph, the Attorney General— (i) shall have the burden of proving all material facts; and (ii) shall be required to demonstrate, by clear and convincing evidence, that the petitioner is prohibited under section 923(m)(3)(A) from receiving a firearm owner license. . II Record of Sale or Transfer 201. Sale or transfer requirements for qualifying firearms Section 922 of title 18, United States Code, as amended by section 101 of this Act, is amended by adding at the end the following: (cc) Unauthorized sale or transfer of a qualifying firearm It shall be unlawful for any person to sell, deliver, or otherwise transfer a qualifying firearm to, or for, any person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, or to receive a qualifying firearm from a person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless, at the time and place of the transfer or receipt— (1) the transferee presents to a licensed dealer a valid firearm owner license issued to the transferee— (A) under section 923(m); or (B) pursuant to a State firearm licensing system certified under section 933 established by the State in which the transfer or receipt occurs; (2) the licensed dealer contacts the Attorney General or the head of the State agency that administers the certified system described in paragraph (1)(B), as applicable, and receives notice that the transferee has been issued a firearm owner license described in paragraph (1) and that the firearm owner license remains valid; and (3) the licensed dealer records on a document (which, in the case of a sale, shall be the sales receipt) a tracking authorization number provided by the Attorney General or the head of the State agency, as applicable, as evidence that the licensed dealer has verified the validity of the firearm owner license. . 202. Firearm records (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Firearm records (a) Submission of sale or transfer reports (1) In general Not later than 14 days after the date on which the transfer of a qualifying firearm is processed by a licensed dealer under section 922(cc), the licensed dealer shall submit to the Attorney General (or, in the case of a licensed dealer located in a State that has a State firearm licensing and record of sale system certified under section 933, to the head of the State agency that administers that system) a report of that transfer, which shall include information relating to— (A) the manufacturer of the qualifying firearm; (B) the model name or number of the qualifying firearm; (C) the serial number of the qualifying firearm; (D) the date on which the qualifying firearm was received by the transferee; (E) the number of the valid firearm owner license issued to the transferee— (i) under section 923(m); or (ii) in accordance with a State firearm licensing system certified under section 933 established by the State in which the transfer or receipt occurs; and (F) the name and address of the individual who transferred the firearm to the transferee. (2) Effective date This subsection shall take effect on the date that is 1 year after the date of enactment of the Blair Holt Firearm Owner Licensing and Record of Sale Act of 2022 . (b) Federal record of sale system Not later than 270 days after the date of enactment of the Blair Holt Firearm Owner Licensing and Record of Sale Act of 2022 , the Attorney General shall establish and maintain a Federal record of sale system, which shall include the information included in each report submitted to the Attorney General under subsection (a). . (b) Elimination of prohibition on establishment of system of registration Section 926(a) of title 18, United States Code, is amended by striking the second sentence. (c) Clerical amendment The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Firearm records. . III Additional Prohibitions 301. Firearms transfers (a) In general Section 922 of title 18, United States Code, as amended by sections 101 and 201 of this Act, is amended by adding at the end the following: (dd) Firearms transfers (1) In general (A) Prohibition It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). (B) Compliance Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. (C) Return of firearms If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. (2) Exceptions Paragraph (1) shall not apply to— (A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the Armed Forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; (B) a transfer that is a loan or bona fide gift between— (i) spouses; (ii) domestic partners; (iii) parents and their children, including step-parents and their step-children; (iv) siblings; (v) aunts or uncles and their nieces or nephews; or (vi) grandparents and their grandchildren; (C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; (D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse; (E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or (F) a temporary transfer if— (i) the transferor has no reason to believe that the transferee— (I) will use or intends to use the firearm in a crime; or (II) is prohibited from possessing a firearm under State or Federal law; and (ii) the transfer takes place and the possession of the firearm by the transferee is exclusively— (I) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (II) reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— (aa) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and (bb) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or (III) in the presence of the transferor. (3) Notice It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless— (A) the importer, manufacturer, or dealer provides the person with notice of the prohibition under paragraph (1); and (B) the other person certifies that the importer, manufacturer, or dealer provided the person notice of the prohibition under paragraph (1) on a form prescribed by the Attorney General. . (b) Amendment Section 924(a)(5) of title 18, United States Code, is amended by striking (s) or (t) and inserting (s), (t), or (dd) . (c) Rules of interpretation Nothing in this section, or any amendment made by this section, shall be construed to authorize the establishment, directly or indirectly, of a national firearms registry. 302. Failure to maintain or permit inspection of records Section 922 of title 18, United States Code, as amended by sections 101, 201, and 301 of this Act, is amended by adding at the end the following: (ee) Failure To maintain or permit inspection of records It shall be unlawful for a licensed manufacturer or a licensed dealer to fail to comply with section 932, or to fail to maintain such records or supply such information as the Attorney General may require in order to ascertain compliance with that section and the regulations and orders issued under that section. . 303. Failure to report loss or theft of firearm Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, and 302 of this Act, is amended by adding at the end the following: (ff) Failure To report loss or theft of firearms It shall be unlawful for any person who owns a qualifying firearm to fail to report the loss or theft of the firearm to the Attorney General within 72 hours after the loss or theft is discovered by the person who owns the qualifying firearm. . 304. Failure to provide notice of change of address Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, and 303 of this Act, is amended by adding at the end the following: (gg) Failure To provide notice of change of address It shall be unlawful for any individual to whom a firearm owner license has been issued under section 923(m) to fail to report to the Attorney General a change in the address of that individual within 60 days of that change of address. . 305. Child access prevention Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at the end the following: (hh) Child access prevention (1) Definition of child In this subsection, the term child means an individual who has not attained 18 years of age. (2) Prohibition and penalties Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if— (A) that person— (i) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and (ii) either— (I) knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365) to, the child or any other individual; or (II) knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and (B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other individual. (3) Exceptions Paragraph (2) shall not apply if— (A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device; (B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity; (C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or (D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept. . IV Enforcement 401. Criminal penalties (a) Failure To possess firearm owner license; failure To comply with denial and revocation requirements; failure To comply with qualifying firearm sale or transfer requirements; failure To maintain or permit inspection of records Section 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) Whoever knowingly violates subsection (aa), (bb), (cc), or (ee) of section 922 shall be fined under this title, imprisoned not more than 10 years, or both. . (b) Failure To comply with firearms transfer requirements; failure To timely report loss or theft of a qualifying firearm; failure To provide notice of change of address Section 924(a)(5) of title 18, United States Code, is amended by striking (s) or (t) and inserting (t), (dd), (ff), or (gg) . (c) Child access prevention Section 924(a) of title 18, United States Code, as amended by subsection (a) of this section, is amended by adding at the end the following: (9) Whoever violates section 922(hh) shall be fined under this title, imprisoned not more than 5 years, or both. . 402. Regulations (a) In General The Attorney General shall issue regulations governing the licensing of possessors of qualifying firearms and the recorded sale of qualifying firearms, consistent with this Act and the amendments made by this Act, as the Attorney General determines to be reasonably necessary to— (1) reduce or prevent deaths or injuries resulting from qualifying firearms; and (2) assist law enforcement in the apprehension of owners or users of qualifying firearms used in criminal activity. (b) Maximum interval between issuance of proposed and final regulation Not later than 120 days after the date on which the Attorney General issues a proposed regulation under subsection (a) with respect to a matter, the Attorney General shall issue a final regulation with respect to the matter. 403. Inspections In order to determine compliance with this Act, the amendments made by this Act, and the regulations and orders issued under this Act, the Attorney General may, during regular business hours, enter any place in which firearms or firearm products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are manufactured, stored, or held. 404. Orders The Attorney General may issue an order prohibiting the sale or transfer of any firearm that the Attorney General finds has been transferred or distributed in violation of this Act, an amendment made by this Act, or a regulation issued under this Act. 405. Injunctive enforcement The Attorney General may bring an action to restrain any violation of this Act or an amendment made by this Act in the district court of the United States for any district in which— (1) the violation occurs; or (2) the defendant is found or transacts business. V Firearm Injury Information and Research 501. Duties of the Attorney General (a) In general The Attorney General shall— (1) establish and maintain a firearm injury information clearinghouse to collect, investigate, analyze, and disseminate data and information relating to the causes and prevention of death and injury associated with firearms; (2) conduct continuing studies and investigations of firearm-related deaths and injuries; (3) collect and maintain current production and sales figures for each licensed manufacturer; and (4) conduct a study on the efficacy of firearms that incorporate technology that prevents the use of those firearms by unauthorized users (commonly known as smart guns ), in the prevention of unintended firearm deaths. (b) Availability of information Periodically, but not less frequently than annually, the Attorney General shall submit to Congress and make available to the public a report on the activities and findings of the Attorney General under subsection (a). VI Effect on State Law 601. Effect on State law (a) In general This Act and the amendments made by this Act may not be construed to preempt any provision of the law of any State or political subdivision of that State, or prevent a State or political subdivision of that State from enacting any provision of law regulating or prohibiting conduct with respect to firearms, except to the extent that the provision of law is inconsistent with any provision of this Act or an amendment made by this Act, and then only to the extent of the inconsistency. (b) Rule of interpretation A provision of State law is not inconsistent with this Act or an amendment made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than a corresponding prohibition or penalty imposed by this Act or an amendment made by this Act. 602. Certification of State firearm licensing systems and State firearm record of sale systems (a) In general Chapter 44 of title 18, United States Code, as amended by section 202 of this Act, is amended by adding at the end the following: 933. Certification of State firearm licensing systems and State firearm record of sale systems Upon a written request of the chief executive officer of a State, the Attorney General may certify— (1) a firearm licensing system established by a State, if State law requires the system to satisfy the requirements applicable to the Federal firearm licensing system established under section 923(m); and (2) a firearm record of sale system established by a State, if State law requires the head of the State agency that administers the system to submit to the Federal firearm record of sale system established under section 932(b) a copy of each report submitted to the head of the agency under section 932(a)(1), not later than 7 days after receipt of the report. . (b) Clerical amendment The table of sections for chapter 44 of title 18, United States Code, as amended by section 202 of this Act, is amended by adding at the end the following: 933. Certification of State firearm licensing systems and State firearm record of sale systems. . VII Relationship to Other Law 701. Subordination to Arms Export Control Act In the event of any conflict between any provision of this Act or an amendment made by this Act, and any provision of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the provision of the Arms Export Control Act shall control. VIII Inapplicability 801. Inapplicability to governmental authorities This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency. IX Effective Dates of Amendments 901. Effective dates of amendments (a) In general Except as provided in subsections (b) and (c), the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. (b) Firearm records The amendments made by section 202 shall take effect on the date of enactment of this Act, except as otherwise provided in the amendments made by that section. (c) Firearm transactions The amendments made by subsections (a) and (b) of section 301 shall take effect 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4184is/xml/BILLS-117s4184is.xml |
117-s-4185 | II 117th CONGRESS 2d Session S. 4185 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Ms. Baldwin (for herself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To set forth limitations on exclusivity for orphan drugs.
1. Short title This Act may be cited as the Retaining Access and Restoring Exclusivity Act or the RARE Act . 2. Limitations on exclusive approval or licensure of orphan drugs (a) In general Section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ) is amended— (1) in subsection (a), in the matter following paragraph (2), by striking same disease or condition and inserting same approved use or indication within such rare disease or condition ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking same rare disease or condition and inserting same approved use or indication for which such 7-year period applies to such already approved drug ; and (B) in paragraph (1), by inserting , relating to the approved use or indication, after the needs ; (3) in subsection (c)(1), by striking same rare disease or condition as the already approved drug and inserting same use or indication for which the already approved or licensed drug was approved or licensed ; and (4) by adding at the end the following: (f) Approved use or indication defined In this section, the term approved use or indication means the use or indication approved under section 505 of this Act or licensed under section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition. . (b) Application of amendments The amendments made by subsection (a) shall apply with respect to any drug designated under section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb ), regardless of the date on which the drug was so designated, and regardless of the date on which the drug was approved under section 505 of such Act ( 21 U.S.C. 355 ) or licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4185is/xml/BILLS-117s4185is.xml |
117-s-4186 | II 117th CONGRESS 2d Session S. 4186 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Mr. Luján (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Santa Fe National Forest in San Miguel County, New Mexico.
1. Short title This Act may be cited as the Hermit’s Peak Fire Assistance Act . 2. Findings and purposes (a) Findings Congress finds that— (1) on April 6, 2022, the Forest Service initiated a prescribed burn on Federal land in the Santa Fe National Forest in San Miguel County, New Mexico, when erratic winds were prevalent in the area that was also suffering from severe drought after many years of insufficient precipitation; (2) on April 12, 2022, the prescribed burn, which became known as the Hermit’s Peak Fire , exceeded the containment capabilities of the Forest Service, was reclassified as a wildland burn, and spread to other Federal and non-Federal land, quickly becoming characterized as a wildfire; (3) on April 19, 2022, the Calf Canyon Fire, also in San Miguel County, New Mexico, began burning on Federal land; (4) on April 27, 2022, the Hermit’s Peak Fire and the Calf Canyon Fire merged, and both fires were reported as the Hermit’s Peak Fire or the Hermit’s Peak/Calf Canyon Fire, which shall be referred to hereafter as the Hermit’s Peak Fire; (5) by May 2, 2022, the fire had grown in size and caused evacuations in multiple villages and communities in San Miguel County and Mora County, including in the San Miguel county jail, the State’s psychiatric hospital, the United World College, and New Mexico Highlands University; (6) on May 4, 2022, the President issued a major disaster declaration for the counties of Colfax, Mora, and San Miguel, New Mexico; (7) the fire resulted in the loss of Federal, State, local, Tribal, and private property; and (8) the United States should compensate the victims of the Hermit’s Peak Fire. (b) Purposes The purposes of this Act are— (1) to compensate victims of the fire at Hermit’s Peak, New Mexico, for injuries resulting from the fire; and (2) to provide for the expeditious consideration and settlement of claims for those injuries. 3. Definitions In this Act: (1) Administrator The term Administrator means— (A) the Administrator of the Federal Emergency Management Agency; or (B) if a Manager is appointed under section 4(a)(3), the Manager. (2) Hermit’s Peak Fire The term Hermit’s Peak Fire means the fire resulting from the initiation by the Forest Service of a prescribed burn in the Santa Fe National Forest in San Miguel County, New Mexico, on April 6, 2022, which subsequently merged with the Calf Canyon Fire, and both fires were reported as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire. (3) Indian Tribe The term ‘Indian Tribe means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (4) Injured person The term injured person means— (A) an individual, regardless of the citizenship or alien status of the individual; or (B) an Indian Tribe, corporation, Tribal corporation, partnership, company, association, county, township, city, State, school district, or other non-Federal entity (including a legal representative) that suffered injury resulting from the Hermit’s Peak Fire. (5) Injury The term injury has the same meaning as the term injury or loss of property, or personal injury or death as used in section 1346(b)(1) of title 28, United States Code. (6) Manager The term Manager means an Independent Claims Manager appointed under section 4(a)(3). (7) Office The term Office means the Office of Hermit’s Peak Fire Claims established by section 4(a)(2). (8) Tribal entity The term Tribal entity includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act ( 25 U.S.C. 5304 ). 4. Compensation for victims of Hermit’s Peak Fire (a) In general (1) Compensation Each injured person shall be entitled to receive from the United States compensation for injury suffered by the injured person as a result of the Hermit’s Peak Fire. (2) Office of Hermit’s Peak Fire Claims (A) In general There is established within the Federal Emergency Management Agency an Office of Hermit’s Peak Fire Claims. (B) Purpose The Office shall receive, process, and pay claims in accordance with this title. (C) Funding The Office— (i) shall be funded from funds made available to the Administrator under this Act; and (ii) may reimburse other Federal agencies for claims processing support and assistance. (3) Option to appoint independent claims manager The Administrator may appoint an Independent Claims Manager to— (A) head the Office; and (B) assume the duties of the Administrator under this Act. (b) Submission of claims Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. (c) Investigation of claims (1) In general The Administrator shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under subsection (b). (2) Applicability of State law Except as otherwise provided in this Act, the laws of the State of New Mexico shall apply to the calculation of damages under subsection (d)(4). (3) Extent of damages Any payment under this Act— (A) shall be limited to actual compensatory damages measured by injuries suffered; and (B) shall not include— (i) interest before settlement or payment of a claim; or (ii) punitive damages. (d) Payment of claims (1) Determination and payment of amount (A) In general (i) Payment Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. (ii) Priority The Administrator, to the maximum extent practicable, shall pay subrogation claims submitted under this Act only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees. (B) Parameters of determination In determining and settling a claim under this Act, the Administrator shall determine only— (i) whether the claimant is an injured person; (ii) whether the injury that is the subject of the claim resulted from the fire; (iii) the amount, if any, to be allowed and paid under this Act; and (iv) the person or persons entitled to receive the amount. (C) Insurance and other benefits (i) In general In determining the amount of, and paying, a claim under this Act, to prevent recovery by a claimant in excess of actual compensatory damages, the Administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim. (ii) Government loans This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant. (2) Partial payment (A) In general At the request of a claimant, the Administrator may make 1 or more advance or partial payments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable. (B) Judicial decision If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Administrator, the claimant may— (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Administrator determines that the claimant— (I) was not eligible to receive the compensation; or (II) fraudulently procured the compensation. (3) Rights of insurer or other third party If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. (4) Allowable damages (A) Loss of property A claim that is paid for loss of property under this Act may include otherwise uncompensated damages resulting from the Hermit’s Peak Fire for— (i) an uninsured or underinsured property loss; (ii) a decrease in the value of real property; (iii) damage to physical infrastructure, including irrigation infrastructure such as acequia systems; (iv) a cost resulting from lost subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities conducted on land damaged by the Hermit’s Peak Fire; (v) a cost of reforestation or revegetation on Tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; and (vi) any other loss that the Administrator determines to be appropriate for inclusion as loss of property. (B) Business loss A claim that is paid for injury under this Act may include damages resulting from the Hermit’s Peak Fire for the following types of otherwise uncompensated business loss: (i) Damage to tangible assets or inventory. (ii) Business interruption losses. (iii) Overhead costs. (iv) Employee wages for work not performed. (v) Any other loss that the Administrator determines to be appropriate for inclusion as business loss. (C) Financial loss A claim that is paid for injury under this Act may include damages resulting from the Hermit’s Peak Fire for the following types of otherwise uncompensated financial loss: (i) Increased mortgage interest costs. (ii) An insurance deductible. (iii) A temporary living or relocation expense. (iv) Lost wages or personal income. (v) Emergency staffing expenses. (vi) Debris removal and other cleanup costs. (vii) Costs of reasonable efforts, as determined by the Administrator, to reduce the risk of wildfire, flood, or other natural disaster in the counties impacted by the Hermit's Peak Fire to risk levels prevailing in those counties before the Hermit’s Peak Fire, that are incurred not later than the date that is 3 years after the date on which the regulations under subsection (f) are first promulgated. (viii) A premium for flood insurance that is required to be paid on or before May 31, 2024, if, as a result of the Hermit’s Peak Fire, a person that was not required to purchase flood insurance before the Hermit’s Peak Fire is required to purchase flood insurance. (ix) Any other loss that the Administrator determines to be appropriate for inclusion as financial loss. (e) Acceptance of award The acceptance by a claimant of any payment under this Act, except an advance or partial payment made under subsection (d)(2), shall— (1) be final and conclusive on the claimant, with respect to all claims arising out of or relating to the same subject matter; and (2) constitute a complete release of all claims against the United States (including any agency or employee of the United States) under chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ), or any other Federal or State law, arising out of or relating to the same subject matter. (f) Regulations and public information (1) Regulations Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this Act, the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this Act. (2) Public information (A) In general At the time at which the Administrator promulgates regulations under paragraph (1), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of— (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). (B) Dissemination through other media The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. (g) Consultation In administering this Act, the Administrator shall consult with the Secretary of the Interior, the Secretary of Energy, the Secretary of Agriculture, the Administrator of the Small Business Administration, other Federal agencies, and State, local, and Tribal authorities, as determined to be necessary by the Administrator, to— (1) ensure the efficient administration of the claims process; and (2) provide for local concerns. (h) Election of remedy (1) In general An injured person may elect to seek compensation from the United States for 1 or more injuries resulting from the Hermit’s Peak Fire by— (A) submitting a claim under this Act; (B) filing a claim or bringing a civil action under chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ); or (C) bringing an authorized civil action under any other provision of law. (2) Effect of election An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit’s Peak Fire that are suffered by the claimant. (3) Arbitration (A) In general Not later than 45 days after the date of enactment of this Act, the Administrator shall establish by regulation procedures under which a dispute regarding a claim submitted under this Act may be settled by arbitration. (B) Arbitration as remedy On establishment of arbitration procedures under subparagraph (A), an injured person that submits a disputed claim under this Act may elect to settle the claim through arbitration. (C) Binding effect An election by an injured person to settle a claim through arbitration under this paragraph shall— (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (4) No effect on entitlements Nothing in this Act affects any right of a claimant to file a claim for benefits under any Federal entitlement program. (i) Judicial review (1) In general Any claimant aggrieved by a final decision of the Administrator under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part. (2) Record The court shall hear a civil action under paragraph (1) on the record made before the Administrator. (3) Standard The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. (j) Attorney's and agent's fees (1) In general No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection with a claim submitted under this Act, fees in excess of 10 percent of the amount of any payment on the claim. (2) Violation An attorney or agent who violates paragraph (1) shall be fined not more than $10,000. (k) Waiver of requirement for matching funds (1) In general Notwithstanding any other provision of law, a State or local project that is determined by the Administrator to be carried out in response to the Hermit’s Peak Fire under any Federal program that applies to an area affected by the Hermit’s Peak Fire shall not be subject to any requirement for State or local matching funds to pay the cost of the project under the Federal program. (2) Federal share The Federal share of the costs of a project described in paragraph (1) shall be 100 percent. (l) Applicability of debt collection requirements Section 3716 of title 31, United States Code, shall not apply to any payment under this Act. (m) Indian compensation Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this Act— (1) the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim; (2) the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this Act in the same manner and to the same extent as any other injured person; and (3) except with respect to land damaged by the Hermit’s Peak Fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit’s Peak Fire. (n) Report Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim— (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (o) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4186is/xml/BILLS-117s4186is.xml |
117-s-4187 | II 117th CONGRESS 2d Session S. 4187 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Mr. Cardin (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Neotropical Migratory Bird Conservation Act to make improvements to that Act, and for other purposes.
1. Short title This Act may be cited as the Migratory Birds of the Americas Conservation Enhancements Act of 2022 . 2. Neotropical Migratory Bird Conservation Act amendments (a) Cost sharing Section 5 of the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6104 ) is amended— (1) in subsection (e)(1), by striking 25 percent and inserting 33.3 percent ; and (2) by adding at the end the following: (f) Criteria (1) In general In accordance with paragraph (2), the Secretary shall establish criteria for awarding financial assistance under this section. (2) Requirement The criteria established under paragraph (1) shall provide that project proposals submitted under subsection (c) that have a higher non-Federal share, as compared to other project proposals submitted under that subsection, shall receive additional consideration by the Secretary before determining which project proposals shall receive financial assistance under this section. (3) Availability The Secretary shall— (A) make the criteria established under paragraph (1) publicly available; and (B) include those criteria in— (i) each notice of funding opportunity for the program under this section; and (ii) any application instructions developed by the Secretary for that program. . (b) Reports to Congress Section 8 of the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6107 ) is amended— (1) in the section heading, by striking Report and inserting Reports ; (2) by striking Not later than 2 years and inserting the following: (a) Results and effectiveness of program Not later than 2 years ; and (3) by inserting after subsection (a) (as so designated) the following: (b) Cost sharing and criteria implementation Not later than 3 years after the date of enactment of the Migratory Birds of the Americas Conservation Enhancements Act of 2022 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes an analysis of the implementation by the Secretary of subsection (f) of section 5, which shall include an analysis of the project proposals selected to receive financial assistance using the criteria established under that subsection. (c) Advisory group implementation Not later than 18 months after the date of enactment of the Migratory Birds of the Americas Conservation Enhancements Act of 2022 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the implementation of subsection (b) of section 7 by the Secretary, which shall include, if applicable, a description of the composition of the advisory group convened under paragraph (1) of that subsection. . (c) Neotropical migratory bird conservation fund administrative expenses Section 9(c)(2) of the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6108(c)(2) ) is amended by striking 3 percent or up to $100,000 and inserting 5 percent or up to $300,000 . (d) Authorization of appropriations Section 10 of the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6109 ) is amended by striking subsection (a) and inserting the following: (a) In general There are authorized to be appropriated to carry out this Act— (1) for fiscal year 2023, $20,000,000; (2) for fiscal year 2024, $21,250,000; (3) for fiscal year 2025, $22,500,000; (4) for fiscal year 2026, $23,750,000; and (5) for fiscal year 2027, $25,000,000. . (e) Technical corrections (1) Section 4 of the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6103 ) is amended— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (2) Section 7(b)(1) of the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6106(b)(1) ) is amended, in the second sentence, by adding a period at the end. | https://www.govinfo.gov/content/pkg/BILLS-117s4187is/xml/BILLS-117s4187is.xml |
117-s-4188 | II 117th CONGRESS 2d Session S. 4188 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Mr. Whitehouse (for himself, Mr. Blumenthal , Mr. Booker , Mrs. Feinstein , Ms. Hirono , Mr. Leahy , and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for a code of conduct for justices of the Supreme Court of the United States, and for other purposes.
1. Short title This Act may be cited as the Supreme Court Ethics, Recusal, and Transparency Act of 2022 . 2. Code of conduct for the Supreme Court of the United States (a) In general Chapter 16 of title 28, United States Code, is amended by adding at the end the following: 365. Codes of conduct (a) Not later than 180 days after the date of enactment of this section, the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment in accordance with section 2071, issue a code of conduct for the justices and employees of the Supreme Court. (b) Not later than 180 days after the date of enactment of this section, the Judicial Conference of the United States shall, after appropriate public notice and opportunity for comment in accordance with section 2071, issue a code of conduct for the judges and employees of the courts of appeals, the district courts (including bankruptcy judges and magistrate judges), and the Court of International Trade. (c) The Supreme Court of the United States and the Judicial Conference may modify the applicable codes of conduct under this section after giving appropriate public notice and opportunity for comment in accordance with section 2071. . (b) Technical and conforming amendment The table of sections for chapter 16 of title 28, United States Code, is amended by adding at the end the following: 365. Codes of conduct. . 3. Minimum gift, travel, and income disclosure standards for justices of the Supreme Court Section 677 of title 28, United States Code, is amended by adding at the end the following: (d) The Counselor, with the approval of the Chief Justice, shall establish rules governing the disclosure of all gifts, travel, and income received by any justice and any law clerk to a justice. Such rules shall at minimum require disclosure of any information concerning gifts, travel, and income required to be disclosed under the Standing Rules of the Senate and the Rules of the House of Representatives. . 4. Circumstances requiring disqualification (a) Anticorruption protections Subsection (b) of section 455 of title 28, United States Code, is amended by adding at the end the following: (6) Where the justice or judge knows that a party to the proceeding or an affiliate of a party to the proceeding made any lobbying contact or spent substantial funds in support of the nomination, confirmation, or appointment of the justice or judge. (7) Where the justice or judge, their spouse, minor child, or a privately held entity owned by any such person— (A) received income, a gift, or reimbursement (as such terms are defined in the section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) from a party to the proceeding or an affiliate of a party to the proceeding; and (B) such receipt occurred during the period beginning 6 years prior to the date on which the justice or judge was assigned to the proceeding and ending on the date of final disposition of the proceeding. . (b) Duty To know Subsection (c) of section 455 of title 28, United States Code, is amended to read as follows: (c) A justice, judge, magistrate judge, or bankruptcy judge of the United States shall ascertain— (1) the personal and fiduciary financial interests of the justice or judge; (2) the personal financial interests of the spouse and minor children residing in the household of the justice or judge; and (3) any interest of such persons that could be substantially affected by the outcome of the proceeding. . (c) Divestment Subsection (f) of section 455 of title 28, United States Code, is amended by inserting under subsection (b)(4) after disqualified . (d) Duty To notify Section 455 of title 28, United States Code, is amended by adding at the end the following: (g) If at any time a justice, judge, magistrate judge, or bankruptcy judge of the United States learns of a condition that could reasonably require disqualification under this section, the justice or judge shall immediately notify all parties to the proceeding. . (e) Technical and conforming amendments Section 455 of title 28, United States Code, as amended by this section, is further amended— (1) in the section heading, by striking judge, or magistrate judge and inserting judge, magistrate judge, or bankruptcy judge ; (2) in subsection (a), by striking judge, or magistrate judge and inserting judge, magistrate judge, or bankruptcy judge ; (3) in subsection (b)— (A) in paragraph (2), by striking the judge or such lawyer and inserting the justice, the judge, or such lawyer ; (B) in paragraph (5)(iii), by inserting justice or before judge ; and (C) in paragraph (5)(iv), by inserting justice’s or before judge’s ; (4) in subsection (c), by inserting justice or before judge ; (5) in subsection (d)(4)(i), by inserting justice or before judge ; and (6) in subsection (e), by striking judge, or magistrate judge and inserting judge, magistrate judge, or bankruptcy judge of the United States . (f) Public notice The rules of each court subject to section 455 of title 28, United States Code, as amended by this Act, shall be amended to require that the clerk shall publish timely notice on the website of the court of— (1) any matter in which a justice, judge, magistrate judge, or bankruptcy judge of the United States is disqualified under such section; (2) any matter in which the reviewing panel under section 1660 of title 28, United States Code, rules on a motion to disqualify; and (3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in such disqualification or ruling. 5. Review of certified disqualification motions (a) In general Chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Review of certified motions to disqualify (a) Motion for disqualification If a justice, judge, magistrate judge, or bankruptcy judge of the United States is required to be disqualified from a proceeding under any provision of Federal law, a party to the proceeding may file a timely motion for disqualification, accompanied by a certificate of good faith and an affidavit alleging facts sufficient to show that disqualification of the justice, judge, magistrate judge, or bankruptcy judge is so required. (b) Consideration of motion A justice, judge, magistrate judge, or bankruptcy judge of the United States shall either grant or certify to a reviewing panel a timely motion filed pursuant to subsection (a) and stay the proceeding until a final determination is made with respect to the motion. (c) Reviewing panel (1) In general A reviewing panel to which a motion is certified under subsection (b) shall be selected at random from judges of the United States who do not sit on the same court— (A) as the judge, magistrate judge, or bankruptcy judge who is the subject of the motion; or (B) as the other members of the reviewing panel. (2) Circuit limitation Not more than 1 member of the reviewing panel may be a judge of the same judicial circuit as the judge, magistrate judge, or bankruptcy judge who is the subject of the motion. (d) Supreme court review The Supreme Court of the United States shall be the reviewing panel for a motion seeking to disqualify a justice. . (b) Technical and conforming amendment The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Review of certified motions to disqualify. . 6. Disclosure by parties and amici Not later than 1 year after the date of enactment of this Act, the Supreme Court of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, requiring each party or amicus to list in their petition or brief a description and value of— (1) any gift, income, or reimbursement (as such terms are defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) provided to any justice during the period beginning 2 years prior to the commencement of the proceeding and ending on the date of final disposition of the proceeding by— (A) each such party or amicus, or their affiliates; (B) the lawyers or law firms in the proceeding of each such party or amicus; and (C) the officers, directors, or employees of each such party or amicus; and (2) any lobbying contact or expenditure of substantial funds by any person described in subparagraphs (A), (B), and (C) of paragraph (1) in support of the nomination, confirmation, or appointment of a justice. 7. Amicus disclosure (a) In general Chapter 111 of title 28, United States Code, as amended by section 5, is further amended by adding at the end the following: 1661. Disclosures related to amicus activities (a) Disclosure (1) In general Any person that files an amicus brief in a court of the United States shall list in the amicus brief the name of any person who— (A) contributed to the preparation or submission of the amicus brief; (B) contributed not less than 3 percent of the gross annual revenue of the amicus, or an affiliate of the amicus, for the previous calendar year if the amicus is not an individual; or (C) contributed more than $100,000 to the amicus, or an affiliate of the amicus, in the previous calendar year. (2) Exceptions The requirements of this subsection shall not apply to amounts received in commercial transactions in the ordinary course of any trade or business by the amicus, or an affiliate of the amicus, or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in an organization if the amounts are unrelated to the amicus filing activities of the amicus. (b) Audit The Director of the Administrative Office of the United States Courts shall conduct an annual audit to ensure compliance with this section. . (b) Technical and conforming amendment The table of sections for chapter 111 of title 28, United States Code, as amended by section 5, is further amended by adding at the end the following: 1661. Disclosures related to amicus activities. . 8. Conflicts related to amici curiae (a) In general Except as provided in subsection (b), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. (b) Initial transmittal The Supreme Court of the United States shall transmit to Congress— (1) the proposed rules required under subsection (a) not later than 180 days after the date of enactment of this Act; and (2) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. 9. Studies and evaluations (a) In general Not later than December 31, 2022, and every other year thereafter, the Director of the Federal Judicial Center shall conduct a study on the extent of compliance or noncompliance with the requirements of sections 144 and 455 of title 28, United States Code. (b) Reports to congress Not later than April 1 of each year following the completion of the study required under subsection (a), the Director of the Federal Judicial Center shall submit to Congress a report containing the findings of the study and any recommendations to improve compliance with sections 144 and 455 of title 28, United States Code. (c) Facilitation of studies The Director of the Federal Judicial Center shall maintain a record of each instance in which— (1) a justice, judge, magistrate judge, or bankruptcy judge of the United States was not assigned to a case due to potential or actual conflicts; and (2) a justice, judge, magistrate judge, or bankruptcy judge of the United States disqualifies after a case assignment is made. (d) GAO review Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report containing an evaluation of the methodology and findings of the study required under subsection (a) and the audit required under section 1661 of title 28, United States Code, as added by section 7 of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4188is/xml/BILLS-117s4188is.xml |
117-s-4189 | II 117th CONGRESS 2d Session S. 4189 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Ms. Klobuchar (for herself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to authorize the Secretary of Agriculture to improve agricultural productivity, profitability, resilience, and ecological outcomes through modernized data infrastructure and analysis, and for other purposes.
1. Short title This Act may be cited as the Agriculture Innovation Act of 2022 . 2. Data on conservation and other production practices Subtitle E of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3841 et seq. ) is amended by adding at the end the following: 1248. Data on conservation and other production practices (a) Purpose The purpose of this section is to improve conservation outcomes, increase agricultural productivity and resilience, and accelerate the development of carbon and other ecosystem service markets by collecting, analyzing, and providing data— (1) to better understand how covered conservation practices and suites of covered conservation practices and other production practices impact farm, ranch, and other working land productivity and profitability (such as crop yields, soil health, and other risk-reducing factors); (2) to support the measurement and quantification of ecosystem services provided by working land, such as carbon sequestration, water filtration, and habitat, that result from covered conservation practices and other production practices; and (3) to improve the implementation of Department programs to optimize productivity, profitability, and ecological benefits. (b) Definitions In this section: (1) Covered conservation practice The term covered conservation practice means a specific conservation practice or enhancement that is designed to protect soil health, farm and ranch productivity, or both (including the protection of wildlife habitat) while maintaining or enhancing crop yields in an economically sustainable manner (including such a conservation practice or enhancement that is supported by the Department or used independently by a producer), as determined by the Secretary. (2) Department The term Department means the Department of Agriculture. (3) Other production practice The term other production practice means a practice used to produce a crop or livestock, including pest control, nutrient management, manure management, water and irrigation management, seed, feed and nutrition, and crop residue management. (c) Data collection, review, analysis, and technical assistance The Secretary, acting through the 1 or more applicable Under Secretaries that head mission areas relating to farm and ranch productivity and conservation, in coordination with the Chief Data Officer of the Department, the Chief Economist, and the Under Secretary for Research, Education, and Economics, shall carry out the following activities: (1) Identify in the data inventory maintained by the Secretary under section 3511 of title 44, United States Code, data relating to the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability generated or collected by the Department, including the Farm Service Agency, the Risk Management Agency, the Natural Resources Conservation Service, the National Agricultural Statistics Service, the Economic Research Service, the Forest Service, and any other relevant agency, as determined by the Secretary. (2) Collect or acquire, using other authorities of the Secretary, and using technology and a modernized survey system, to the greatest extent practicable, or another appropriate method, any additional producer data, baseline data, or other data relating to the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability necessary to achieve the purpose described in subsection (a), ensuring that data is collected from all types and sizes of operations. (3) Ensure that producer data identified or collected under paragraph (1) or (2) are collected in a compatible format that is machine-readable (as defined in section 3502 of title 44, United States Code) at the field- and farm-level and in a manner that places the lowest practicable burden on producers and improves the interoperability of the data collected by the Department for the purposes of this section and optimizes the interoperability, to the extent practicable, with data relating to conservation practices generated by other organizations and other activities of the Department. (4) Establish procedures and incentives for producers to voluntarily elect to be contacted to participate in or submit additional research and to provide supplemental data that may be useful in statistical activities (as defined in section 311 of title 5, United States Code) and activities to build evidence (as defined in that section) of the impacts of covered conservation practices on— (A) enhancing crop yields, soil health, and ecosystem services; (B) reducing risk; and (C) improving farm, ranch, and other working land profitability. (5) Integrate, collate, and link, to the greatest extent practicable, data identified or collected under this subsection with other government or nongovernmental data sources that include crop yields, soil health, covered conservation practices, and other production practices. (6) Establish a conservation and farm productivity secure data center designed to carry out the purposes of this section that ensures the security, privacy, and integrity of data. (7) Make available data through the secure data center established under paragraph (6) to academic institutions and researchers that meet the user permission requirements described in subsection (d)(2)(A) for the provision of technical assistance. (8) Analyze, consistent with the scientific integrity policy of the Department, the data identified or collected under this subsection to consider the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services and improving farm, ranch, and other working land profitability. (9) Use the results of the analyses under paragraph (8) to improve the implementation of Department programs to increase productivity, profitability, and ecological benefits of farm, ranch, and other working land, including relating to issues identified in the evidence-building plan of the Department required under section 312 of title 5, United States Code. (10) Promptly make available on the public-facing component of the secure data center established under paragraph (6) the research, analysis, evaluation products, and other information generated in carrying out this section (including open Government data assets (as defined in section 3502 of title 44, United States Code), to the extent permissible by law)— (A) that demonstrates the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability; and (B) in a manner that is easily accessed by producers, researchers, and other stakeholders. (d) Secure agricultural data center establishment (1) In general The Secretary may enter into 1 or more agreements with 1 or more academic institutions, organizations, government agencies, or other experts determined necessary by the Secretary to provide technical assistance, expertise, and technology infrastructure, as needed, to develop the secure data center under subsection (c)(6). (2) Requirement to modernize data security, storage, and access (A) In general In establishing the secure data center described in paragraph (1), the Secretary shall use industry-standard data security protocols and user permissions to protect the security and confidentiality of proprietary producer data while automating and standardizing data collection, storage, and sharing, to the greatest extent practicable, for the purpose of carrying out this section and encouraging agriculture innovation. (B) Additional requirements In carrying out subparagraph (A), the Secretary shall establish procedures for the operation and use of the secure data center that includes— (i) prohibiting the sale of any individual or identifiable producer data; (ii) requiring any published research to release only aggregated data, consistent with best practices for disclosure avoidance and reducing the risk of re-identification; and (iii) periodically consulting with experts and stakeholders to consider necessary modifications to security protocols or confidentiality protections for identifiable data accessed or maintained by the secure data center and improvements to access for approved users. (e) Producer tools (1) In general Not later than 3 years after the date of enactment of this section, the Secretary shall provide technical assistance, including through internet-based tools, based on the analysis conducted in carrying out this section and other sources of relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes. (2) Internet-based tools Internet-based tools described in paragraph (1) shall provide to producers, to the greatest extent practicable— (A) confidential data specific to each farm or ranch of the producer; and (B) general data relating to the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability. (f) Effect on privacy protection laws Nothing in this section affects the applicability to this section of— (1) section 1770; (2) section 1619 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791 ); (3) section 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) ); (4) section 552a of title 5, United States Code; or (5) any other applicable privacy law that protects personally identifiable information of producers. (g) Reporting Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that includes— (1) a summary of the analysis conducted under this section; (2) the number and regions of producers that voluntarily submitted information under subsection (c)(4); (3) a description of any additional or new activities planned to be conducted under this section in the next fiscal year, including— (A) research relating to any additional conservation practices; (B) any new types of data to be collected; (C) any improved or streamlined data collection efforts associated with this section; and (D) any new research projects; and (4) in the case of the first 2 reports submitted under this subsection, a description of the current status of the implementation of activities under subsection (c). (h) Funding and administration The Secretary shall use the existing funds and authorities of the Department to carry out this section. (i) Effect Nothing in this section authorizes the Secretary to compel a producer— (1) to provide data to the Department; or (2) to receive technical assistance. . | https://www.govinfo.gov/content/pkg/BILLS-117s4189is/xml/BILLS-117s4189is.xml |
117-s-4190 | II Calendar No. 366 117th CONGRESS 2d Session S. 4190 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Mr. Kennedy (for himself and Mr. Rubio ) introduced the following bill; which was read the first time May 11, 2022 Read the second time and placed on the calendar A BILL To provide for the independent and objective conduct and supervision of audits and investigations relating to the programs and operations funded with amounts appropriated or otherwise made available to Ukraine for military, economic, and humanitarian aid.
1. Short title This Act may be cited as the Independent and Objective Oversight of Ukrainian Assistance Act . 2. Purposes The purposes of this Act are— (1) to provide for the independent and objective conduct and supervision of audits and investigations relating to the programs and operations funded with amounts appropriated or otherwise made available to Ukraine for military, economic, and humanitarian aid; (2) to provide for the independent and objective leadership and coordination of, and recommendations concerning, policies designed— (A) to promote economic efficiency and effectiveness in the administration of the programs and operations described in paragraph (1); and (B) to prevent and detect waste, fraud, and abuse in such programs and operations; and (3) to provide for an independent and objective means of keeping the Secretary of State, the Secretary of Defense, and the heads of other relevant Federal agencies fully and currently informed about— (A) problems and deficiencies relating to the administration of the programs and operations described in paragraph (1); and (B) the necessity for, and the progress toward implementing, corrective action related to such programs. 3. Definitions In this Act: (1) Amounts appropriated or otherwise made available for the military, economic, and humanitarian aid to Ukraine The term amounts appropriated or otherwise made available for the military, economic, and humanitarian aid for Ukraine means amounts appropriated or otherwise made available for any fiscal year— (A) for the Ukraine Security Assistance Initiative; (B) for Foreign Military Financing funding for Ukraine; and (C) under titles III and VI of the Ukraine Supplemental Appropriations Act (division N of Public Law 117–103 ) (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Appropriations of the Senate ; (B) the Committee on Armed Services of the Senate ; (C) the Committee on Foreign Relations of the Senate ; (D) the Committee on Appropriations of the House of Representatives ; (E) the Committee on Armed Services of the House of Representatives ; and (F) the Committee on Foreign Affairs of the House of Representatives . (3) Office The term Office means the Office of the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid established under section 4(a). (4) Special inspector general The term Special Inspector General means the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid appointed pursuant to section 4(b). 4. Establishment of Office of the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid (a) In general There is hereby established the Office of the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid to carry out the purposes set forth in section 2. (b) Appointment of Special Inspector General The head of the Office shall be the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid, who shall be appointed by the President. The first Special Inspector General shall be appointed not later than 30 days after the date of the enactment of this Act. (c) Qualifications The appointment of the Special Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (d) Compensation The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (e) Prohibition on political activities For purposes of section 7324 of title 5, United States Code, the Special Inspector General is not an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (f) Removal The Special Inspector General shall be removable from office in accordance with section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). 5. Assistant inspectors general The Special Inspector General, in accordance with applicable laws and regulations governing the civil service, shall appoint— (1) an Assistant Inspector General for Auditing, who shall supervise the performance of auditing activities relating to programs and operations supported by amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine; and (2) an Assistant Inspector General for Investigations, who shall supervise the performance of investigative activities relating to the programs and operations described in paragraph (1). 6. Supervision (a) In general Except as provided in subsection (b), the Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and the Secretary of Defense. (b) Independence to conduct investigations and audits No officer of the Department of Defense, the Department of State, the United States Agency for International Development, or any other relevant Federal agency may prevent or prohibit the Special Inspector General from— (1) initiating, carrying out, or completing any audit or investigation related to amounts appropriated or otherwise made available for the military, economic, and humanitarian aid to Ukraine; or (2) issuing any subpoena during the course of any such audit or investigation. 7. Duties (a) Oversight of military, economic, and humanitarian aid to ukraine provided after February 24, 2022 The Special Inspector General shall conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine, and of the programs, operations, and contracts carried out utilizing such funds, including— (1) the oversight and accounting of the obligation and expenditure of such funds; (2) the monitoring and review of reconstruction activities funded by such funds; (3) the monitoring and review of contracts funded by such funds; (4) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the United States and private and nongovernmental entities; (5) the maintenance of records regarding the use of such funds to facilitate future audits and investigations of the use of such funds; (6) the monitoring and review of the effectiveness of United States coordination with the Government of Ukraine, major recipients of Ukrainian refugees, partners in the region, and other donor countries; (7) the investigation of overpayments (such as duplicate payments or duplicate billing) and any potential unethical or illegal actions of Federal employees, contractors, or affiliated entities; and (8) the referral of reports compiled as a result of such investigations, as necessary, to the Department of Justice to ensure further investigations, prosecutions, recovery of funds, or other remedies. (b) Other duties related to oversight The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duties described in subsection (a). (c) Consultation The Special Inspector General shall consult with the appropriate congressional committees before engaging in auditing activities outside of Ukraine. (d) Duties and responsibilities under inspector general act of 1978 In addition to the duties specified in subsections (a) and (b), the Special Inspector General shall have the duties and responsibilities of inspectors general under the Inspector General Act of 1978 (5 U.S.C. App.). (e) Coordination of efforts In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this Act, the Special Inspector General shall coordinate with, and receive cooperation from— (1) the Inspector General of the Department of Defense; (2) the Inspector General of the Department of State; (3) the Inspector General of the United States Agency for International Development; and (4) the Inspector General of any other relevant Federal agency. 8. Powers and authorities (a) Authorities under inspector general Act of 1978 In carrying out the duties specified in section 7, the Special Inspector General shall have the authorities provided under section 6 of the Inspector General Act of 1978, including the authorities under subsection (e) of such section. (b) Audit standards The Special Inspector General shall carry out the duties specified in section 7(a) in accordance with section 4(b)(1) of the Inspector General Act of 1978. 9. Personnel, facilities, and other resources (a) Personnel The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of— (1) chapter 33 of title 5, United States Code, governing appointments in the competitive service; and (2) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (b) Employment of experts and consultants The Special Inspector General may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule under section 5332 of such title. (c) Contracting authority To the extent and in such amounts as may be provided in advance by appropriations Acts, the Special Inspector General may— (1) enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons; and (2) make such payments as may be necessary to carry out the duties of the Special Inspector General. (d) Resources The Secretary of State or the Secretary of Defense, as appropriate, shall provide the Special Inspector General with— (1) appropriate and adequate office space at appropriate locations of the Department of State or the Department of Defense, as appropriate, in Ukraine or in European partner countries; (2) such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices; and (3) necessary maintenance services for such offices and the equipment and facilities located in such offices. (e) Assistance from federal agencies (1) In general Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, to the extent practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General or an authorized designee. (2) Reporting of refused assistance Whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall immediately report the circumstances to— (A) the Secretary of State or the Secretary of Defense, as appropriate; and (B) the appropriate congressional committees. 10. Reports (a) Quarterly reports Not later than 30 days after the end of each quarter of each fiscal year, the Special Inspector General shall submit to the appropriate congressional committees, the Secretary of State, and the Secretary of Defense a report that— (1) summarizes, for the applicable quarter, and to the extent possible, for the period from the end of such quarter to the date on which the report is submitted, the activities during such period of the Special Inspector General and the activities under programs and operations funded with amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine; and (2) includes, for applicable quarter, a detailed statement of all obligations, expenditures, and revenues associated with military, economic, and humanitarian activities in Ukraine, including— (A) obligations and expenditures of appropriated funds; (B) a project-by-project and program-by-program accounting of the costs incurred to date for military, economic, and humanitarian aid to Ukraine, including an estimate of the costs to be incurred by the Department of Defense, the Department of State, the United States Agency for International Development, and other relevant Federal agencies to complete each project and each program; (C) revenues attributable to, or consisting of, funds provided by foreign nations or international organizations to programs and projects funded by any Federal department or agency and any obligations or expenditures of such revenues; (D) revenues attributable to, or consisting of, foreign assets seized or frozen that contribute to programs and projects funded by any Federal department or agency and any obligations or expenditures of such revenues; (E) operating expenses of entities receiving amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine; and (F) for any contract, grant, agreement, or other funding mechanism described in subsection (b)— (i) the dollar amount of the contract, grant, agreement, or other funding mechanism; (ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism; (iii) a discussion of how the Federal department or agency involved in the contract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, including a list of the potential individuals or entities that were issued solicitations for the offers; and (iv) the justification and approval documents on which the determination to use procedures other than procedures that provide for full and open competition was based. (b) Covered contracts, grants, agreements, and funding mechanisms A contract, grant, agreement, or other funding mechanism described in this subsection is any major contract, grant, agreement, or other funding mechanism that is entered into by any Federal department or agency that involves the use of amounts appropriated or otherwise made available for the military, economic, or humanitarian aid to Ukraine with any public or private sector entity— (1) to build or rebuild the physical infrastructure of Ukraine; (2) to establish or reestablish a political or societal institution of Ukraine; (3) to provide products or services to the people of Ukraine; or (4) to provide security assistance to Ukraine. (c) Public availability The Special Inspector General shall publish each report submitted pursuant to subsection (a) on a publicly available internet website in English, Ukrainian, and Russian. (d) Form Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Special Inspector General determines that a classified annex is necessary. (e) Submission of comments to Congress During the 30-day period beginning on the date a report is received under subsection (a), the Secretary of State and the Secretary of Defense may submit comments to the appropriate congressional committees, in unclassified form, regarding any matters covered by the report that the Secretary of State or the Secretary of Defense considers appropriate. Such comments may include a classified annex if the Secretary of State or the Secretary of Defense considers such annex to be necessary. (f) Rule of construction Nothing in this section may be construed to authorize the public disclosure of information that is— (1) specifically prohibited from disclosure by any other provision of law; (2) specifically required by Executive order to be protected from disclosure in the interest of defense or national security or in the conduct of foreign affairs; or (3) a part of an ongoing criminal investigation. 11. Transparency (a) Report Except as provided in subsection (c), not later than 60 days after receiving a report under section 10(a), the Secretary of State and the Secretary of Defense shall jointly make copies of the report available to the public upon request and at a reasonable cost. (b) Comments Except as provided in subsection (c), not later than 60 days after submitting comments pursuant to section 10(e), the Secretary of State and the Secretary of Defense shall jointly make copies of such comments available to the public upon request and at a reasonable cost. (c) Waiver (1) Authority The President may waive the requirement under subsection (a) or (b) with respect to availability to the public of any element in a report submitted pursuant to section 10(a) or any comments submitted pursuant to section 10(e) if the President determines that such waiver is justified for national security reasons. (2) Notice of waiver The President shall publish a notice of each waiver made under paragraph (1) in the Federal Register not later than the date of the submission to the appropriate congressional committees of a report required under section 10(a) or any comments under section 10(e). Each such report and comments shall specify whether a waiver was made pursuant to paragraph (1) and which elements in the report or the comments were affected by such waiver. 12. Authorization of appropriations (a) In general There is authorized to be appropriated $20,000,000 for fiscal year 2023 to carry out this Act. (b) Offset The amount appropriated under the heading assistance for europe, eurasia, and central asia in title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ) is reduced by $20,000,000. 13. Termination (a) In general The Office shall terminate on the day that is 180 days after the date on which amounts appropriated or otherwise made available for the reconstruction of Ukraine that are unexpended are less than $250,000,000. (b) Final report Before the termination date referred to in subsection (a), the Special Inspector General shall prepare and submit to the appropriate congressional committees a final forensic audit report on programs and operations funded with amounts appropriated or otherwise made available for the military, economic, and humanitarian aid to Ukraine.
May 11, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4190pcs/xml/BILLS-117s4190pcs.xml |
117-s-4191 | II Calendar No. 367 117th CONGRESS 2d Session S. 4191 IN THE SENATE OF THE UNITED STATES May 11 (legislative day, May 10), 2022 Mr. Paul (for himself, Mr. Risch , Mr. Crapo , Mr. Braun , Mr. Scott of Florida , and Mr. Cruz ) introduced the following bill; which was read the first time May 11, 2022 Read the second time and placed on the calendar A BILL To prohibit the expenditure of Federal funds for the establishment or operation of the Disinformation Governance Board in the Department of Homeland Security.
1. Short title This Act may be cited as the Defund the Ministry of Truth Act of 2022 . 2. Findings Congress finds the following: (1) The Federal Government is not the sole arbiter of truth in a free society. (2) Efforts by the Federal Government to censor dissenting voices is a violation of the First Amendment rights of the American people. (3) The Federal Government is itself prolific in the dissemination of misinformation, disinformation, and malinformation. (4) George Orwell’s novel, 1984 , which was originally published in 1949, was a cautionary tale and a warning to future generations and was not intended to be an instruction manual for government repression. 3. Prohibition against Federal funding for the Disinformation Governance Board Notwithstanding any other provision of law, no Federal funding may be expended for the establishment or operation of the Department of Homeland Security Disinformation Governance Board or any successor entity to the Disinformation Governance Board. 4. Conforming amendment to the Homeland Security Act of 2002 Section 2202(i) of the Homeland Security Act of 2002 ( 6 U.S.C. 652(i) ) is amended— (1) in the subsection heading by inserting provisions after Savings ; (2) by striking may be construed as affecting and inserting the following: "may be construed as— (1) affecting ; (3) by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (2) authorizing the establishment of any misinformation, disinformation, or malinformation working group, disinformation governance board, or any similar entity within the Department of Homeland Security (or any component thereof) unless such entity is explicitly authorized by an Act of Congress that is enacted after the date of the enactment of the Defund the Ministry of Truth Act of 2022 . .
May 11, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4191pcs/xml/BILLS-117s4191pcs.xml |
117-s-4192 | II 117th CONGRESS 2d Session S. 4192 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Casey (for himself, Mr. Wyden , Mrs. Murray , Mr. Booker , Mr. Van Hollen , Mr. Padilla , Mr. Markey , Ms. Baldwin , Ms. Warren , Mr. Reed , Mr. Brown , Mr. Cardin , Ms. Klobuchar , Mrs. Gillibrand , Mr. Sanders , Mr. Whitehouse , Ms. Cortez Masto , Ms. Smith , Mr. Blumenthal , 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 end the tax subsidy for employer efforts to influence their workers’ exercise of their rights around labor organizations and engaging in collective action.
1. Short title This Act may be cited as the No Tax Breaks for Union Busting (NTBUB) Act . 2. Findings Congress makes the following findings: (1) The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) declares that it is the right of employees to form, join, or assist labor organizations. (2) The National Labor Relations Act further declares that it is the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing . . . . (3) Despite Congress’ intention to give workers full agency in these matters, many employers regularly choose to involve themselves, lawfully or unlawfully, in the decisions of their employees about whether to avail themselves of their rights under the National Labor Relations Act and the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (4) Employers frequently violate labor laws around organizing and collective action. The Economic Policy Institute finds that in approximately 4 of 10 labor organization elections in 2016–2017 employers were charged with committing an unfair labor practice. Among larger bargaining units of 61 employees or more, over 54 percent of elections have an unfair labor practice charge. (5) In practice, these unfair labor practices often include charges such as employees being illegally fired for labor organization activity, refusal to bargain in good faith with labor organizations, or coercion and intimidation. Employers also frequently use captive audience meetings, workplace surveillance, and other lawful or unlawful tactics to sway labor organization elections. (6) Whether or not there are charges of unlawful behavior, employers spend millions of dollars to sway the opinions of their employees with respect to whether or how to exercise their rights under the National Labor Relations Act and the Railway Labor Act. According to the Economic Policy Institute, companies spent $340,000,000 yearly on outside consultants to sway their workers' opinions about labor organization activities. This and other spending interfere with the United States goal of encouraging the practice and procedure of collective bargaining . (7) The Internal Revenue Code of 1986 has long recognized that spending by businesses with the purpose of influencing the general public with respect to elections, while it may be lawful, is not tax deductible. Congress should extend that principle to spending done by employers to influence workers’ elections and collective bargaining decisions. These free choices to exercise the rights to engage in collective bargaining, labor organization representation, and other lawful collective activities should be made without taxpayer subsidies of undue outside influence from employers. 3. Denial of deduction for attempting to influence employees with respect to labor organizations or labor organization activities (a) In general Section 162(e)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or , and by adding at the end the following new subparagraph: (E) any attempt to influence the taxpayer's employees with respect to labor organizations or labor organization activities, including with respect to the opinion of such employees regarding such organizations or activities. . (b) Labor organizations; labor organization activities defined Section 162(e) 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) Labor organizations and labor organization activity defined For purposes of this subsection— (A) Labor organization The term labor organization has the meaning given such term in section 3 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402 ). (B) Labor organization activity (i) In general The term labor organization activity includes labor organization elections, labor disputes, and collective actions. (ii) Other terms For purposes of clause (i)— (I) Collective action The term collective action means any action, including collective bargaining, described in section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ) or any action that is a right of employees or labor organizations under the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (II) Labor dispute The term labor dispute has the meaning given such term under section 3 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402 ). (III) Labor organization election The term labor organization election means any election described in section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) or section 2 of the Railway Labor Act ( 45 U.S.C. 152 ). . (c) Special rules Section 162(e)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Expenses relating to labor organizations or labor organization activities (i) In general For purposes of paragraph (1)(E), amounts paid or incurred in connection with attempting to influence the taxpayer's employees with respect to labor organizations or labor organization activities include— (I) any amount paid or incurred by the taxpayer in connection with an action that results in— (aa) a complaint issued under section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) against the taxpayer for an unfair labor practice under section 8(a) of such Act ( 29 U.S.C. 158(a) ), unless an order of the National Labor Relations Board related to such complaint is set aside in full in accordance with subsection (e) or (f) of section 10 of such Act, (bb) a settlement offer related to an investigation by the National Labor Relations Board of a charge of an unfair labor practice under section 8(a) of such Act ( 29 U.S.C. 158(a) ) that results in a settlement of such charge without issuance of a complaint under section 10 of such Act ( 29 U.S.C. 160 ), or (cc) a finding of interference, influence, or coercion by a Federal court under section 2 of the Railway Labor Act ( 45 U.S.C. 152 ), (II) any amount paid or incurred (including wages) in producing, conducting, or attending any meeting or training— (aa) which includes employees of the taxpayer who are or who could become bargaining unit members or members of a craft or class under the Railway Labor Act, and (bb) at which labor organizations or a labor organization activity is discussed, and (III) any amount which is required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ). (ii) Exceptions The following amounts shall not be treated as amounts paid or incurred in connection with attempting to influence the taxpayer's employees with respect to labor organizations or labor organization activities under paragraph (1)(E): (I) Amounts paid or incurred for communications or negotiations directly with the designated or selected representative of the employees of the taxpayer described in section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) or under the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (II) Amounts paid or incurred for communications directly with shareholders, as may be required under section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ). (III) Amounts paid or incurred for communications or consultations by the taxpayer in the process of voluntarily recognizing a labor organization as a representative in accordance with section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ). (IV) Amounts paid or incurred for communications or consultations related to the operation of a labor-management partnership described in a collective bargaining agreement in effect between a representative of employees of the taxpayer and the taxpayer. (V) Amounts paid or incurred for communications or consultations related to the operation of a grievance procedure described in a collective bargaining agreement in effect between a representative of employees of the taxpayer and the taxpayer. (VI) Amounts paid or incurred by a labor organization. (VII) Amounts paid or incurred for communication materials, including visual or audio media, required to be posted for, or provided to, employees of the taxpayer by law, including under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) or the Railway Labor Act ( 45 U.S.C. 151 et seq. ). . (d) Information reporting (1) In general 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 section: 6039K. Information with respect to certain employer activities relating to labor organizations (a) In general Any employer who attempts to influence the employer's employees with respect to labor organizations or labor organization activities as described in section 162(e)(1)(E) shall file a return (at such time and in such manner as the Secretary may by regulations prescribe, not more frequently than each quarter in which such an attempt occurs and not less frequently than each year in which such an attempt occurs) which includes the information described in subsection (b). (b) Information To be provided Information required under subsection (a) shall include— (1) the dates that such activities described in subsection (a) took place, (2) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (3) the amounts paid or incurred for such activities, (4) a copy of any disclosures which are required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ), and (5) such other information as the Secretary may prescribe. . (2) Penalty Subparagraph (B) of section 6724(d)(1) of such Code is amended— (A) by striking the comma at the end of clause (xxvii), as added by the Infrastructure Investment and Jobs Act, and inserting , or , and (B) by adding at the end the following new clause: (xxviii) section 6039K (relating to information with respect to certain employer activities relating to labor organizations), and . (3) Clerical amendment 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 item: Sec. 6039K. Information with respect to certain employer activities relating to labor organizations. . (e) Conforming amendments (1) The heading for subsection (e) of section 162 of the Internal Revenue Code of 1986 is amended by striking and political expenditures and inserting , political expenditures, and labor organization expenditures . (2) The heading of subparagraph (C) of section 162(e)(4) of such Code is amended by striking and political activities and inserting , political, and labor organization activities . (f) 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-117s4192is/xml/BILLS-117s4192is.xml |
117-s-4193 | II 117th CONGRESS 2d Session S. 4193 IN THE SENATE OF THE UNITED STATES May 12, 2022 Ms. Baldwin (for herself, Mr. Daines , Mrs. Gillibrand , Mr. King , Ms. Warren , Mr. Blumenthal , Mr. Braun , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal, collectively, to the brave women who served in World War II as members of the U.S. Army Nurse Corps and U.S. Navy Nurse Corps.
1. Short title This Act may be cited as the WWII Nurses Congressional Gold Medal Act . 2. Findings The Congress finds the following: (1) On December 8, 1941, the United States declared war against the Empire of Japan, followed by declarations of war against Germany and Italy on December 11, 1941. In 1935, there were fewer than 600 U.S. Army Nurses and 1,700 U.S. Navy Nurses on active duty. By the time World War II ended, more than 59,000 Army Nurses and 14,000 Navy Nurses had volunteered to serve. (2) The Army Reorganization Act of 1920 granted women in the Nurse Corps relative rank. This gave them the right to wear the military insignia, but did not confer military status or privileges. This arrangement meant women serving throughout WWII received 50 percent of the pay as compared to their male counterparts, and none of the veteran benefits. Because they did not receive military status, they received no orientation or training before being deployed to hospitals near the frontlines. (3) Nurses served under fire in field hospitals and evacuation hospitals across six continents, on hospital trains and ships, and as flight nurses on medical transport planes. Several nurses were killed in action when their ships were torpedoed or field hospitals were bombed. Some even entered into combat areas as flight nurses to retrieve the wounded, and 2 groups were captured as prisoners of war by the Japanese. (4) General Douglas MacArthur ordered Army nurses to the Bataan Peninsula to prepare 2 emergency hospitals for U.S. and Filipino forces. General Hospital 1 received casualties directly from the front lines, and more than 1,200 battle casualties requiring major surgery were admitted within a month. General Hospital 2 accepted patients strong enough for evacuation, as it was out in the open, with no tents or buildings, and only tree canopy to conceal them from Japanese aircraft. Hospital 1 was bombed on March 29, 1942, killing or wounding more than 100 patients, but the nurses carried on with their duties as well as they were able. Following the U.S. Army surrender of the Philippines to the Japanese on May 6, 1942, 67 Army nurses were taken to Santo Tomas Internment Camp in Manila, where they remained until February 1945. During the 37 months in captivity, these women endured primitive conditions and starvation rations, but continued to care for the ill and injured in the internment camp hospital. (5) Early in the morning of November 8, 1942, 60 nurses attached to the 48th Surgical Hospital landed off the coast of North Africa. The nurses wore helmets and carried full packs containing medical equipment. Without weapons, they waded ashore amid enemy sniper fire and ultimately took shelter in an abandoned civilian hospital, where they began caring for invasion casualties. There was no electricity or running water, and the only medical supplies available were those the nurses had brought themselves. (6) In Anzio, Italy, nurses dug foxholes outside their tents or under their cots and cared for patients under German shellfire. The field hospital tents were marked by large red crosses and were sometimes deliberately hit with artillery shells and bombs. On February 7, 1944, a German pilot being pursued by British fighter planes dropped 5 antipersonnel bombs on the hospital, destroying 29 ward tents, killing 26 and wounding 64. The dead included 3 nurses, 2 medical officers, a Red Cross worker, 14 enlisted men and 6 patients. Troops came to refer to the hospital area as Hell’s Half-Acre because it was hit so frequently by enemy fire. At least 200 nurses took part in the Anzio campaign, caring for more than 33,000 patients behind enemy lines. (7) Enlisted nurses acclimated quickly to difficult and dangerous conditions with a minimum of complaints, and were essential members of the field armies. (8) The presence of nurses at the front improved morale because soldiers realized that they would receive skilled care in the event they were wounded. (9) Thanks largely to the efforts of these nurses, fewer than 4 percent of the American soldiers who received medical care in the field or underwent evacuation died from wounds or disease. (10) After the war, broad public health missions required that enlisted nurses supervise communicable disease measures as former enemy countries were reorganized. In Hiroshima, these officers cared for victims of the atomic bombs. In Munich, they prevented mass epidemic in refugee camps. Enlisted nurses even provided prenatal, infant, and mental health care in other former-enemy territories. (11) Nurses received 1,619 medals, citations, and commendations during the war, reflecting the courage and dedication of all who served. Sixteen medals were awarded posthumously to nurses who died as a result of enemy fire, including 6 nurses who died at Anzio, 6 who died when the Hospital Ship Comfort was attacked by a Japanese suicide plane, and 4 flight nurses. Thirteen other flight nurses died in weather-related crashes while on duty. (12) In 1944, Congress passed a bill that granted Army and Navy Nurses actual military rank and benefits, approved for the duration of the war plus 6 months. (13) In 1947, Congress passed legislation establishing a permanent Army and Navy Nursing Corps and gave members permanent officer status with equal pay and the same benefits as those given to male officers. (14) In 1948, all military branches were integrated and female doctors were finally admitted to the Army Medical Corps. (15) Although African-American nurses were fully qualified and prepared to serve as nurses at the onset of World War II, racial segregation and discrimination made it difficult for Black women to join the ranks of the Army Nurse Corps (referred to in this Act as the ANC ). (16) As the ANC began expanding its recruiting process, thousands of Black nurses who wanted to serve their country filled out applications. (17) While the Army did eventually integrate African-American nurses in 1941, it did so unwillingly and placed a quota on the number of African-American nurses that they would accept, capping the number allowed to join at 56. (18) Many of them had hardship tours and were sent to segregated camps to take care of African-American soldiers and would rotate and allow White nurses reprieve in taking care of German POWs. As the war progressed, the number of Black nurses allowed to enlist remained low, although the quota was officially lifted in July 1944. (19) The extraordinary efforts of these women are deserving of belated official recognition. (20) The United States is eternally grateful to the nurses of the Army and Navy Nurse Corps for their bravery and dedication to their patients through World War II, which saved lives and made significant contributions to the defeat of the Axis powers. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design in honor of World War II Army and Navy Nurse Corps members, in recognition of the critical military service and devotion to duty of those nurses. (b) Design and striking For purposes of the presentation described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) 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 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— (A) appropriate locations associated with the Army and Navy Nurse Corps of World War II, including— (i) the U.S. Army Medical Center of Excellence; (ii) the Women in Military Service for America Memorial; (iii) the U.S. Army Women’s Museum; (iv) the National Naval Medical Centers; and (v) the National World War II Museum; and (B) any other location determined appropriate by the Smithsonian Institution. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s4193is/xml/BILLS-117s4193is.xml |
117-s-4194 | II 117th CONGRESS 2d Session S. 4194 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Carper (for himself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Fish and Wildlife Act of 1956 to reauthorize the volunteer services, community partnership, and refuge education programs of the National Wildlife Refuge System, and for other purposes.
1. Short title This Act may be cited as the Keep America’s Refuges Operational Act of 2022 . 2. Reauthorization of National Wildlife Refuge System volunteer services, community partnership, and refuge education programs Section 7(g) of the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742f(g) ) is amended by striking 2018 through 2022 and inserting 2022 through 2026 . | https://www.govinfo.gov/content/pkg/BILLS-117s4194is/xml/BILLS-117s4194is.xml |
117-s-4195 | II 117th CONGRESS 2d Session S. 4195 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Leahy (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize music-related exchange programs facilitated by the Department of State and relevant private sector partnerships, and for other purposes.
1. Short title This Act may be cited as the Promoting Peace, Education, And Cultural Exchange through Music Diplomacy Act or the PEACE through Music Diplomacy Act . 2. Sense of Congress It is the sense of Congress that— (1) music is an important conveyer of culture and can be used to communicate values and build understanding between communities; (2) musical artists play a valuable role in cross-cultural exchange, and their works and performances can promote peacebuilding and conflict resolution efforts; (3) the music industry in the United States has made important contributions to American society and culture, and musicians and industry professionals in the United States can offer valuable expertise to young musical artists around the world; and (4) the United States Government should promote exchange programs, especially programs that leverage the expertise and resources of the private sector, that give young musical artists from around the world the chance to improve their skills, share ideas, learn about American culture, and develop the necessary skills to support conflict resolution and peacebuilding efforts in their communities and broader societies. 3. Authorization of music-related exchange programs The Mutual Educational and Cultural Exchange Act of 1961 (commonly referred to as the Fulbright-Hays Act) is amended— (1) in section 102(a)(2) ( 22 U.S.C. 2452(a)(2) )— (A) in clause (iii), by striking assemblies; and inserting assemblies; and ; and (B) in clause (iv)— (i) by inserting , including in coordination and consultation with the private sector, before similar ; and (ii) by striking national interest. and inserting national interest; and ; and (2) in section 112(a) ( 22 U.S.C. 2460(a) )— (A) in paragraph (8), by striking and after the semicolon at the end; (B) in paragraph (9), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (10) exchange programs, including in coordination and consultation with the private sector, focused on music and the performing arts that provide opportunities for foreign nationals and Americans to build cross-cultural understanding and advance peace abroad. . 4. Private sector partnerships (a) In general The Secretary of State should continue to partner with the private sector in support of music-related exchange programs implemented by the Department of State’s Bureau of Educational and Cultural Affairs (ECA), leverage private sector expertise in developing and implementing such programs, and expand networking and mentorship opportunities for program participants. (b) Authorization of certain partnerships The Secretary of State is authorized to partner with the private sector to recognize musicians whose works or performances have advanced peace abroad and who could contribute to networking and mentorship opportunities for participants of music-related exchange programs implemented by ECA. 5. Strategy (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategy for advancing United States foreign policy goals, including conflict resolution and peacebuilding efforts, through music-related exchange programs implemented by ECA. The strategy shall include— (1) a description of clearly defined annual goals, targets, and planned outcomes for each music-related exchange program; (2) a plan to monitor and evaluate each music-related exchange program and progress made toward achieving such goals, targets, and planned outcomes, including measurable benchmarks; (3) a plan to ensure that music-related exchange programs are promoting United States foreign policy objectives, including ensuring such programs are clearly branded and paired with robust public diplomacy efforts; (4) a plan to pursue partnerships with the private sector while implementing music-related exchange programs, including leveraging industry expertise and expanding networking and mentorship opportunities for program participants; and (5) (A) examples of how ECA’s music-related exchange programs have contributed to conflict resolution and peacebuilding efforts to date, including through participant and alumni actions; (B) a description of lessons learned regarding how to better encourage conflict resolution and peacebuilding efforts through ECA’s music-related exchange programs; and (C) a plan to incorporate such lessons learned into relevant current and future programming. (b) Consultation In developing the strategy required under subsection (a), the Secretary of State shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, as well as relevant private sector partners. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4195is/xml/BILLS-117s4195is.xml |
117-s-4196 | II 117th CONGRESS 2d Session S. 4196 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Heinrich (for himself and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to restore an opportunity for Tribal economic development on terms that are equal and fair, and for other purposes.
1. Short title This Act may be cited as the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Act . 2. Rule of construction The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act ( Public Law 100–89 ; 101 Stat. 666) is amended by adding at the end the following: III Rule of construction 301. Rule of construction Nothing in this Act precludes or limits the applicability of the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ). . | https://www.govinfo.gov/content/pkg/BILLS-117s4196is/xml/BILLS-117s4196is.xml |
117-s-4197 | II 117th CONGRESS 2d Session S. 4197 IN THE SENATE OF THE UNITED STATES May 12, 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a competitive bidding process for the relocation of the headquarters of Executive agencies, and for other purposes.
1. Short title This Act may be cited as the Strategic Withdrawal of Agencies for Meaningful Placement Act of 2022 or the SWAMP Act of 2022 . 2. Relocation of headquarters of Executive agencies (a) Definitions In this section: (1) Executive agency The term Executive agency — (A) has the meaning given the term in section 105 of title 5, United States Code; and (B) does not include— (i) the Executive Office of the President; (ii) the Department of Defense, including— (I) the Defense Intelligence Agency; (II) the National Security Agency; and (III) the National Geospatial-Intelligence Agency; (iii) the Department of Energy; (iv) the Department of Homeland Security; (v) the Department of State; (vi) the Office of the Director of National Intelligence; or (vii) the Central Intelligence Agency. (2) Headquarters The term headquarters — (A) means the place or building serving as the managerial and administrative center of an Executive agency; and (B) does not include an office that the head of an Executive agency may maintain separately from a place or building in the Washington metropolitan area. (3) State The term State means each of the 50 States. (4) Washington metropolitan area The term Washington metropolitan area means the geographic area located within the boundaries of— (A) the District of Columbia; (B) Montgomery and Prince George’s Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudoun, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. (b) Prohibition on location of headquarters in Washington metropolitan area (1) In general Subject to paragraph (2), the headquarters of an Executive agency may not be located in the Washington metropolitan area. (2) Exception Subject to paragraph (3), the headquarters of an Executive agency located in the Washington metropolitan area on the date of enactment of this Act may remain in the Washington metropolitan area. (3) Condition With respect to the headquarters of an Executive agency that remains in the Washington metropolitan area under paragraph (2), after the date of enactment of this Act and except as otherwise expressly provided by law— (A) no new construction or major renovation may be undertaken on the headquarters; (B) a lease agreement for the headquarters may not be renewed; and (C) a new lease agreement for the headquarters may not be entered into. (c) Competitive bidding process for relocation of headquarters (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall establish a process, in accordance with the requirements under paragraph (2), through which— (A) the head of an Executive agency may submit a request for the Administrator of General Services to issue a solicitation for the relocation of the headquarters of the Executive agency; or (B) if determined necessary, the Administrator of General Services may issue a solicitation for the relocation of the headquarters of an Executive agency. (2) Requirements With respect to any solicitation issued for the relocation of the headquarters of an Executive agency under paragraph (1), the Administrator of General Services shall— (A) allow any State and any political subdivision of a State to submit a proposal for the relocation of the headquarters of the Executive agency; (B) provide the public with notice and an opportunity to comment on any proposal submitted under subparagraph (A); and (C) in consultation with the head of the Executive agency, select a State, or a political subdivision of a State, for the relocation of the headquarters using a competitive bidding procedure that considers— (i) the extent to which the relocation of the headquarters would impact the economy and workforce development of a State or political subdivision of a State; (ii) whether a State, or a political subdivision of a State, has expertise in carrying out activities substantially similar to the mission and goals of the Executive agency; and (iii) the extent to which the relocation of the headquarters to a State, or a political subdivision of a State, would implicate national security interests. (d) Rule of construction Nothing in this Act shall be construed to prohibit a political subdivision of the State of Maryland or the Commonwealth of Virginia that is located outside the Washington metropolitan area from submitting a proposal under subsection (c)(2)(A). (e) Offset allowed The Administrator of General Services may use the proceeds from the sale of any Federal building or land to offset the cost of relocating the headquarters of an Executive agency. (f) No additional funds authorized The Administrator of General Services shall carry out this Act using amounts otherwise made available to the Administrator of General Services, and no additional amounts are authorized to be appropriated to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4197is/xml/BILLS-117s4197is.xml |
117-s-4198 | II 117th CONGRESS 2d Session S. 4198 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Menendez (for himself and Ms. Collins ) 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, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder and other developmental disabilities, and for other purposes.
1. Short title This Act may be cited as the Autism Family Caregivers Act of 2022 . 2. Caregiver Skills Training Pilot Program (a) Authorization The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program, to be known as the Caregiver Skills Training Pilot Program, under which the Secretary shall award grants to eligible entities to provide evidence-based caregiver skills training to caregivers, including family caregivers, of children with autism spectrum disorder and other developmental disabilities, for the purposes of— (1) improving the health outcomes and quality of life of such children and their caregivers; and (2) teaching caregivers of such children evidenced-based intervention strategies to promote— (A) improvement in the mental and physical well-being of such children and their caregivers; and (B) the greater inclusion of such children in family and community life. (b) Eligibility To be eligible to receive an award under subsection (a), an entity shall be— (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). (c) Application An eligible entity wishing to receive a grant under this section shall submit to the Secretary an application that includes— (1) a description of— (A) the applicant’s experience delivering evidence-based caregiver skills training to caregivers, including family caregivers, of children with autism spectrum disorder and other developmental disabilities; (B) the activities that the applicant proposes to carry out through the grant; and (C) how such activities will achieve the purposes described in subsection (a); and (2) a plan for— (A) coordination with community-based organizations, State and local early intervention providers, State Medicaid systems, schools, and other providers of early intervening services; (B) collaboration with health care payors (including public and private insurance), State departments of insurance, health plans, and other relevant payors; (C) expanding the skills training program proposed to be carried out through the grant; and (D) achieving sustainability of such program. (d) Selection of grantees (1) Selection criteria In awarding a grant to an eligible entity or a collaboration or consortium of 2 or more entities described in subsection (b), the Secretary shall require at least one of the recipients to— (A) have at least 3 years of demonstrated experience— (i) delivering evidence-based, culturally competent caregivers skills training programs described in subsection (a), including in medically underserved communities; (ii) providing services to children with autism spectrum disorder and other developmental disabilities, and collaborating directly with their families; (iii) providing individual caregiver coaching as part of skills training to caregivers of children with autism spectrum disorder and other developmental disabilities; and (iv) working with self-advocates or adults with autism spectrum disorder and other developmental disabilities; and (B) demonstrate the ability to access resources from and collaborate with— (i) health care providers; (ii) allied health professionals; (iii) educators; (iv) social workers; and (v) nonprofessional family caregivers who assist with daily living and developmental activities, including for children with autism spectrum disorder and other developmental disabilities. (2) Reducing disparities In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder and other developmental disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. (e) Use of funds The recipient of a grant under this section shall use the grant to provide— (1) evidence-based caregiver skills training to caregivers of children with autism spectrum disorder and other developmental disabilities; and (2) such training in areas related to children’s learning and development, including— (A) communication skills; (B) social engagement; (C) daily living skills; and (D) caregiver response strategies to aggressive behavior. (f) Requirements (1) Number of recipients and States The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. (2) Amount The total amount of each grant awarded under subsection (a) shall be not less than $500,000 over a 5-year period. (g) Supplement not supplant Amounts made available to carry out this section shall be in addition to amounts made available to provide for— (1) behavioral, medical, habilitative, and other services covered by the Medicaid program or private health insurance; (2) services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); or (3) adaptations of a training program using evidence-based approaches to serve children of different ages, communities, and underrepresented groups. (h) Activities of the Secretary The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall— (1) assist recipients of grants under subsection (a)— (A) in the implementation of caregiver skills training programs using lessons learned from other evidenced-based activities or caregiver programs conducted or supported by the Health Resources and Services Administration; (B) in ensuring their programs assist medically underserved communities, when possible; and (C) in developing plans for achieving sustainability of their programs; (2) conduct an annual evaluation of activities funded through grants under subsection (a), in consultation with the grant recipients, including evaluation of the effectiveness of such grants at improving health outcomes and quality of life for children with autism spectrum disorder and other developmental disabilities and their family caregivers; and (3) convene at least one national or regional meeting of grant recipients to discuss best practices. (i) Reports (1) Initial report Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. Such report shall include— (A) how many grants have been awarded; (B) the name and location of the grant recipients; (C) the communities impacted by the grants; (D) a description of the kind of activities to be carried out with the grants; (E) an analysis, conducted by the Health Resources and Services Administration, based on the evaluation under subsection (h)(2), of the effectiveness of such grants at improving health outcomes and quality of life for children with autism or other developmental disabilities or delays and their family caregivers; and (F) best practices to increase access to caregiver skills training programs described in subsection (a) in medically underserved communities. (2) Final report Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including— (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. (j) Definitions In this section: (1) The term family caregiver means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, a child between the ages of 0 and 9 diagnosed with autism spectrum disorder and other developmental disabilities. (2) The term Federally qualified health center has the meaning given the term in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) ). (3) The term Secretary means the Secretary of Health and Human Services. (k) Authorization of appropriations To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s4198is/xml/BILLS-117s4198is.xml |
117-s-4199 | II 117th CONGRESS 2d Session S. 4199 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Lankford (for himself and Ms. Sinema ) 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 require that a court decree, court order, or other similar process expressly provides for an annuity supplement payment.
1. Short title This Act may be cited as the Retirement Annuity Supplement Clarity Act . 2. Court orders (a) Court orders Section 8467 of title 5, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) If a court decree, court order, or agreement described in paragraph (1) of subsection (a) expressly divides an annuity under subchapter II, an annuity supplement payment made under section 8421 shall be included in the computation of that division, unless the court decree, court order, or agreement expressly excludes division of the annuity supplement. . (b) Technical and conforming amendment Section 8421 of title 5, United States Code, is amended by striking subsection (c). (c) Applicability (1) In general The amendment made by subsection (a) shall apply to all annuity supplement payments under section 8421 of title 5, United States Code, that begin on, or after the date of enactment of this Act. (2) Retroactive payments (A) Definition In this paragraph: (i) Annuity supplement The term annuity supplement means an annuity supplement under section 8421 of title 5, United States Code. (ii) Covered annuitant The term covered annuitant means any annuitant— (I) who was retired on or before the date of enactment of this Act; (II) who is or was entitled to an annuity supplement; (III) whose annuity was subject to a court order described in section 8467(a)(1) that was silent regarding the annuity supplement or that included language that expressly excluded the annuity supplement from division; and (IV) whose annuity supplement was recomputed by the Office of Personnel Management during the period beginning on June 30, 2016, and ending on the date of enactment of this Act to retroactively include the annuity supplement in the division of the annuity. (B) Payment The Office of Personnel Management shall pay a one-time payment from the Civil Service Retirement and Disability Fund established under section 8348 of title 5, United States Code, to a covered annuitant who received an annuity supplement under section 8421 of title 5, United States Code, before the date of enactment of this Act an amount (without interest) equal to the amount deducted from the annuity of the covered annuitant as a result of including the annuity supplement in the computation of a court-ordered division or other scenario described in subparagraph (A)(ii)(III). (3) No repayment Overpayments paid to a covered annuitant, or any overpayments of apportionment paid to a former spouse of a covered annuitant (as the case may be), before the date of enactment of this Act, which resulted from excluding the covered annuitant’s annuity supplement in the computation of a court-ordered apportionment, shall be waived. | https://www.govinfo.gov/content/pkg/BILLS-117s4199is/xml/BILLS-117s4199is.xml |
117-s-4200 | II 117th CONGRESS 2d Session S. 4200 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Wyden (for himself, Mr. Portman , Mr. Boozman , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a Secure Research Data Network.
1. Short title This Act may be cited as the Secure Research Data Network Act . 2. Definitions In this Act: (1) Section 3561 of title 44 definitions The terms evidence , identifiable form , statistical activities , and statistical purpose have the meanings given the terms in section 3561 of title 44, United States Code. (2) Analyst The term analyst means a person either employed by, or working on behalf of, a Federal or State agency in empirical programmatic or data analysis. (3) Data asset The term data asset has the meaning given the term in section 3502 of title 44, United States Code. (4) Data steward The term data steward means an individual employed by a Federal or State agency who is familiar with the agency’s data, and has a statutory responsibility to protect the confidentiality of such data and ensure its integrity and quality. (5) Director Except as otherwise provided, the term Director means the Director of the National Science Foundation. (6) Reporting entity The term reporting entity means a Federal or State agency with data relevant to governmentwide evidence-building activities. (7) State The term State has the meaning given the term in section 502 of the National Science Foundation Authorization Act of 2010 ( 42 U.S.C. 1862p note), except that the definition shall be applied by striking , or any other territory or possession of the United States . 3. Secure Research Data Network (a) Establishment (1) In general The Director, in consultation with the Statistical Official of the National Science Foundation, the Chief Statistician of the United States, and the Director of the National Artificial Intelligence Initiative Office, shall, subject to the availability of appropriations, enter into an agreement for the establishment of the Secure Research Data Network or SRDN , which shall be operated as a pilot program. (2) Term of pilot program The pilot program operated under paragraph (1) shall run for 3 years, with the possibility of not more than two 1-year extensions, upon consideration of the Director, in consultation with the SRDN Advisory Board. (3) Additional employees The Director may hire additional employees as necessary to support the operation of the SRDN, including full-time equivalent Federal employees. (4) Avoid duplication The Director shall coordinate with the Chief Statistician of the United States to identify potential areas of overlap between the SRDN and efforts carried out at, or financially assisted by, the National Science Foundation, such as the America’s DataHub Consortium, on the date of enactment of this Act. The Chief Statistician of the United States shall seek to ensure that the activities of the SRDN enhance and complement those efforts existing on the date of enactment of this Act in order to avoid duplication and maximize the use of Federal resources. (b) Responsibilities The Director shall direct the SRDN to carry out the following: (1) Support governmentwide evidence-building activities as required under section 312 of title 5, United States Code, including implementation of agency multiyear evidence-building plans. (2) Develop, deploy, maintain, and operate a SRDN platform for authorized analysts to calculate statistics on data for evidence-building activity purposes using data assets made available by reporting entities for approved projects. (3) Execute a number of approved projects on the SRDN platform described in paragraph (2) and make the results publicly available. (4) Ensure an appropriate number of approved projects will re-examine and attempt to fully or partially replicate the results of linked data studies in existence on the date of enactment of this Act as proof of concept for the SRDN platform described in paragraph (2). (5) Maintain, in consultation with the Chief Statistician of the United States and other relevant Federal data strategy stakeholders, a public SRDN website with up-to-date information on all approved projects, including their results and documentation of the evidence-building value of each project for policymakers. (6) Consult with the National Artificial Intelligence Research Resource Task Force established under section 5106 of the National Artificial Intelligence Initiative Act of 2020 ( 15 U.S.C. 9415 ) and consider how to integrate the Task Force's recommendations and road map for expanding access to critical artificial intelligence resources and educational tools into the SRDN. (c) Privacy requirements In developing the SRDN platform under subsection (b)(2), the SRDN— (1) shall ensure the SRDN platform facilitates statistical activities for evidence-building activity purposes while reducing the privacy and security risks by developing, procuring, or adapting technology that, at a minimum, uses the latest cutting-edge technical protection measures that reasonably ensure that— (A) the SRDN platform permits only authorized analysts to perform statistical queries necessary to answer approved project questions using the data assets made available by the reporting entities; (B) no information about the data assets used in the SRDN platform is revealed to any other party, except as incorporated into the final result, which shall be used exclusively for statistical evidence-building purposes and shall not be released in an identifiable form; (C) no individual entity’s data or information is revealed by the SRDN platform to any other party in an identifiable form; (D) the SRDN platform prohibits any other queries by the SRDN or any other party through the SRDN platform; and (E) the SRDN platform minimizes the privacy risks to individual entities whose data has been made available by a reporting entity, including those that could result from data breaches of any system operated by the reporting entity; and (2) may— (A) use secure multiparty computation technologies; or (B) utilize technology other than secure multiparty computation technologies if the other technology— (i) fully complies with subparagraphs (A) through (E) of paragraph (1); and (ii) delivers greater or equivalent privacy and security than secure multiparty computation. (d) Software requirements (1) In general The Director shall ensure the SRDN develops, deploys, operates, and maintains the SRDN platform described in subsection (b)(2), along with corresponding Application Programming Interfaces (APIs), to be used by reporting entities and authorized analysts who will interact with the SRDN platform to conduct the approved projects. The Director— (A) shall direct the SRDN to consult, design, and conduct usability testing of the SRDN platform with relevant Federal and State agencies, Federal coordinating councils, subject matter experts, academia, and others with expertise in technology development, maintenance, and governance, statistics, privacy, and user-centered design, as the Director determines appropriate; (B) in consultation with the SRDN Advisory Board, shall engage in an open public review and comment process on the development of the SRDN platform and its governance policies; and (C) shall enter into an agreement for the establishment of the SRDN only with entities based in the United States or in its allied countries. (2) Public domain and open source software The Director shall ensure the SRDN makes all software developed for the SRDN platform described in subsection (b)(2) available as public domain and open source software (as defined in section 1552.239–71 of title 48, Code of Federal Regulations, or a successor regulation) both during development and after completion, and endeavor to design the architecture to ensure that appropriate components can be reused independently. The SRDN shall publicly document the construction, operation, and functionality of the software technologies it develops on the SRDN public-facing website. (3) Provision of software The Director shall ensure the SRDN provides software to reporting entities, at no cost, that the reporting entities can use to connect their own systems to the SRDN platform described in subsection (b)(2). A reporting entity may use the public domain software the SRDN makes available to build their own software that interfaces using the publicly documented API, or use the services of another agency or organization with greater or equivalent privacy and security to help them connect their own systems to the SRDN. (e) Data quality service team (1) In general The Director shall direct the SRDN to develop a plan for and operate a data quality service team that is composed of data governance, information systems, statistics, cybersecurity, and disclosure avoidance experts, who will, at no cost to the reporting entity, help reporting entities evaluate their data and prepare it for use with the SRDN platform described in subsection (b)(2) to achieve approved project goals. (2) Agency assistance A reporting entity that is a Federal agency, and a reporting entity that is a State agency that chooses to receive assistance as described in paragraph (1), shall work with the SRDN to develop a plan for preparing its data for use with the SRDN platform described in subsection (b)(2), including adopting all necessary standards. The SRDN shall approve the cost estimates prepared by the reporting entity prior to the reporting entity and the SRDN undertaking work that is eligible for reimbursement, according to guidelines established by the Director. The Director shall approve the plans and enter into reimbursable agreements with reporting entities for expenses included in the approved cost plan. In addition, the reporting entity shall— (A) make its employees responsible for the relevant data available to work with and assist the data quality service team for the extent of the project with reimbursement from the National Science Foundation for the employees’ worked hours; (B) adopt the recommendations of the data quality service team necessary to prepare the reporting entity’s data for use with the SRDN platform; and (C) notwithstanding subparagraphs (B), (C), and (D) of subsection (c)(1), provide the data quality service team with access to the relevant data. (3) Hardware and software support The Director shall direct the SRDN to provide hardware and software support technology the reporting entities need to stage and prepare data for use with the SRDN platform described in subsection (b)(2). (4) Training materials and tools The data quality service team, in coordination with the Secure Research Data Network training team described in subsection (f)(1), shall— (A) produce training materials, documented runnable code, and other tools to help reporting entities prepare their data for use with the SRDN platform described in subsection (b)(2); and (B) publish such resources on the SRDN public website. (5) Disclosure avoidance The data quality service team shall assist reporting entities as they conduct a disclosure avoidance review to ensure that project results are not released in an identifiable form. No results shall be released until a disclosure avoidance review is conducted. (f) Training (1) In general The Director shall direct the SRDN to develop a plan for and operate a Secure Research Data Network training team that is composed of data science, social science, statistics, privacy, disclosure avoidance, and cybersecurity experts, which will, at no cost to the reporting entity, help reporting entities develop capacity to produce evidence using the SRDN platform described in subsection (b)(2), explain how the SRDN platform works and how it protects data assets, and evaluate the value of the evidence for policymakers and the public. (2) Training curricula The Director shall— (A) develop, in consultation with relevant Federal and State agencies, Federal and State coordinating councils, subject matter experts, academia, and others with expertise in user-centered design, privacy preserving technologies, data science, and statistics design, as the Director determines appropriate, training curricula for agency staff and authorized analysts and make it publicly available; and (B) in consultation with the SRDN Advisory Board, engage in an open public review and comment process on the development of the curricula. (3) Curricula content The curricula developed under paragraph (2) shall build upon Federal data strategy and Office of Management and Budget evidence-building recommendations and include training in the use of the SRDN platform described in subsection (b)(2), preparation of data for use with the SRDN platform, testing and evaluation of the usefulness of the training materials and tools, and documentation of the evidence value for policymakers and the public. (g) Project proposal (1) In general The Director, in consultation with the SRDN Advisory Board and the Chief Statistician of the United States, shall develop criteria and guidelines for analysts to become authorized analysts and for project proposals to be submitted for consideration. (2) Facilitating proposals The Director shall facilitate project proposals from research communities by soliciting questions and connecting research communities with analysts from the appropriate reporting agencies through methods such as workshops, conferences, or idea labs. (3) Proposal requirements The project proposals shall be submitted by authorized analysts and, at a minimum, include the following: (A) Documentation of the relevant data assets necessitated by the project, including details of their level of preparedness for analysis with the SRDN platform under subsection (b)(2). (B) Identification of data stewards from the relevant reporting entities who will work with the data quality team to prepare data assets for analysis with the SRDN platform under subsection (b)(2). (C) Attestation from the relevant reporting entities and data stewards that they support both the proposed project and the usage of their data assets for the proposed project. (D) Documentation of the evidence-building value the project would provide to policymakers. (E) Feedback and comments on the proposed project collected from nonprofit organizations, Tribal communities and governments, relevant State and local governments, community leaders, and other members of the public, as appropriate. (h) Advisory board (1) In general The Director, in consultation with the Directorate for Social, Behavioral and Economic Sciences of the National Science Foundation, the Directorate for Computer and Information Science and Engineering of the National Science Foundation, and the Chief Statistician of the United States, shall establish a SRDN Advisory Board. The SRDN Advisory Board shall be responsible for receiving, evaluating, advising, and prioritizing a diverse set of project proposals based on National Science Foundation strategic priorities and established evidence-building plans and policy-relevant questions required of Federal agencies in accordance with section 312 of title 5, United States Code, from multiple different authorized analysts for the consideration of the Director. (2) Members (A) In general The SRDN Advisory Board shall consist of 15 members from a broad range of specialties and institutions, including individuals with expertise in producing high-value evidence, data stewardship, cybersecurity, privacy, data governance, State and Federal program evaluation, State and Federal data infrastructure, State and Federal statistics infrastructure, and social science research. (B) Federal employees and non-Federal employees The SRDN Advisory Board shall consist of members who are employed by a Federal agency and members who are not employed by a Federal agency. (C) Diversity The SRDN Advisory Board shall have a diverse membership based on gender, race, ethnicity, and geography. One-third of the members of the SRDN Advisory Board shall consist of individuals located in jurisdictions that participate in the program under section 113 of the National Science Foundation Authorization Act of 1988 ( 42 U.S.C. 1862g ). (3) Duties The SRDN Advisory Board shall consider, at a minimum, the following: (A) The feasibility of the proposed project, including preparedness of necessary data components, formal support from relevant data stewards and reporting entities, plans and resources to implement an adequate data governance plan, and reporting entity technological capabilities. (B) How the proposed project supports established evidence-building plans and answers policy-relevant questions required of Federal agencies in accordance with section 312 of title 5, United States Code, and to what extent the project represents a diverse group of data sources and statistical work in the Federal Government or in Federal-State partnerships. (C) Feedback and comments included in the project proposal. (i) Reporting (1) In general Not later than 3 years after the date of enactment of this Act, the Director, in consultation with the SRDN Advisory Board, shall produce a final report, to be published on the SRDN website and shared with relevant committees of Congress, which includes— (A) the technological considerations of the SRDN platform described in subsection (b)(2); (B) recommendations for future SRDN projects; (C) a summary of all the SRDN projects undertaken, including their results, details of the data sources used, and analysis of their disparate impacts on subgroups; (D) a description of how project results are relevant to Federal agency evidence-building plans and policy-relevant questions, as required under section 312 of title 5, United States Code; (E) lessons learned by the data quality service team, operated pursuant to subsection (e)(1), from working with reporting entity stakeholders to prepare their data for the SRDN platform described in subsection (b)(2); (F) recommendations for a permanent program that would be called the Secure Research Data Network, including needs for additional capacity, functionality, and funding related to providing a secure privacy preserving statistical platform; and (G) consideration of relevant recommendations from the Office of Management and Budget Advisory Committee on Data for Evidence-Building. (2) GAO evaluation (A) In general Upon publication of the report under paragraph (1), the Comptroller General of the United States shall conduct an evaluation of the SRDN pilot program, which shall include— (i) a recommendation for a potential permanent SRDN program; (ii) a technical review of the SRDN pilot program’s ability to protect individual identity from disclosure and recommendations for how a future permanent SRDN program should be constructed in order to provide a secure privacy preserving statistical platform; (iii) an analysis of the adequacy of allotted resources, issues with the solicitation of projects and public comment, and any issues faced in facilitating the collaboration of reporting entities involved in approved projects; and (iv) a review of, and recommendations for, how a permanent SRDN program will comply with relevant privacy statutes. (j) Requirements The agreement entered into under subsection (a) shall— (1) be competitively awarded; (2) last not more than 5 years; (3) ensure any entity designated to operate the SRDN shall— (A) coordinate with the Statistical Official of the National Science Foundation, as part of the Statistical Official's role as an agent of the National Center for Science and Engineering Statistics and a member of the Interagency Council on Statistical Policy, in accordance with section 314(b) of title 5, United States Code, and section 3504(e)(8) of title 44, United States Code; and (B) comply with applicable requirements provided in section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ) and subchapter III of chapter 35 of title 44, United States Code (commonly known as the Confidential Information Protection and Statistical Efficiency Act of 2018 ); and (4) if practicable, establish the pilot program as a Federally funded research and development center. (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000. | https://www.govinfo.gov/content/pkg/BILLS-117s4200is/xml/BILLS-117s4200is.xml |
117-s-4201 | II 117th CONGRESS 2d Session S. 4201 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a new Federal body to provide reasonable oversight and regulation of digital platforms.
1. Short title; table of contents (a) Short title This Act may be cited as the Digital Platform Commission Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. Definitions. Sec. 4. Establishment of Federal Digital Platform Commission. Sec. 5. Jurisdiction. Sec. 6. Organization and general powers. Sec. 7. Organization and functioning of the Commission. Sec. 8. Code Council. Sec. 9. Rulemaking authority, requirements, and considerations. Sec. 10. Systemically important digital platforms. Sec. 11. Inter-agency support. Sec. 12. Petitions. Sec. 13. Research. Sec. 14. Investigative authority. Sec. 15. HSR filings. Sec. 16. Enforcement by private persons and governmental entities. Sec. 17. Enforcement by Commission and Department of Justice. Sec. 18. Proceedings to enjoin, set aside, annul, or suspend orders of the Commission. Sec. 19. Report to Congress. Sec. 20. Authorization of appropriations. 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) In the United States and around the world, digital platforms and online services play a central role in modern life by providing new tools for communication, commerce, entrepreneurship, and debate. (2) The United States takes pride in the success of its technology sector, which leads the world in innovation and dynamism, provides valuable services to the people of the United States, and supports thousands of good-paying jobs in the United States. (3) In recent years, a few digital platforms have benefitted from the combination of economies of scale, network effects, and unique characteristics of the digital marketplace to achieve vast power over the economy, society, and democracy of the United States. (4) The last time Congress enacted legislation to meaningfully regulate the technology or telecommunications sector was the Telecommunications Act of 1996 ( Public Law 104–104 ; 110 Stat 56.), years before many of today’s largest digital platforms even existed. (5) Digital platforms remain largely unregulated and are left to write their own rules without meaningful democratic input or accountability. (6) The unregulated policies and operations of some of the most powerful digital platforms have at times produced demonstrable harm, including— (A) undercutting small businesses; (B) abetting the collapse of trusted local journalism; (C) enabling addiction and other harms to the mental health of the people of the United States, especially minors; (D) disseminating disinformation and hate speech; (E) undermining privacy and monetizing the personal data of individuals in the United States without their informed consent; and (F) in some cases, radicalizing individuals to violence. (7) The failure of the United States Government to establish appropriate regulations for digital platforms cedes to foreign competitors the historic role played by the United States in setting reasonable rules of the road and technical standards for emerging technologies. (8) Throughout the history of the United States, Congress has often responded to the emergence of powerful and complex new sectors of the economy by empowering sector-specific expert Federal regulators. (9) Throughout the history of the United States, the Federal Government has established reasonable regulation, consistent with the First Amendment to the Constitution of the United States, to promote a diversity of viewpoints, support civic engagement, and preserve the right of citizens to communicate with each other, which is foundational to self-governance. (10) The unique power and complexity of several digital platforms, combined with the absence of modern Federal regulations, reinforces the need for a new Federal body equipped with the authorities, tools, and expertise to regulate digital platforms to ensure their operations remain consistent, where appropriate, with the public interest. (b) Sense of Congress It is the sense of Congress that the Federal agency established under this Act should— (1) develop appropriate regulations and policies grounded in the common law principles of the duty of care and the duty to deal, insofar as those principles are relevant and practical; and (2) adopt, where relevant and practical, a risk management regulatory approach that prioritizes anticipating, limiting, and balancing against other interests the broad economic, societal, and political risks of harm posed by the activities and operations of a person or class of persons. 3. Definitions In this Act: (1) Algorithmic process The term algorithmic process means a computational process, including one derived from machine learning or other artificial intelligence techniques, that processes personal information or other data for the purpose of determining the order or manner in which a set of information is provided, recommended to, or withheld from a user of a digital platform, including— (A) the provision of commercial content; (B) the display of social media posts; (C) the display of search results or rankings; or (D) any other method of automated decision making, content selection, or content amplification. (2) Commission The term Commission means the Federal Digital Platform Commission established under section 4. (3) Council The term Council means the Code Council established under section 8(a). (4) Digital platform (A) In general The term digital platform means an online service that serves as an intermediary facilitating interactions— (i) between users; and (ii) between users and— (I) entities offering goods and services through the online service; or (II) the online service with respect to goods and services offered directly by the online service. (B) De minimis exception (i) In general Notwithstanding subparagraph (A)(ii)(II), the term digital platform does not include an entity that offers goods and services to the public online if the offering of goods and services online is a de minimis part of the entity's overall business. (ii) Online services that do not qualify for de minimis exception Notwithstanding clause (i), if an online service described in subparagraph (A)(ii)(II) is owned by an entity but is offered through an affiliate, partnership, or joint venture of, or is otherwise segregable from, the entity— (I) the online service shall be considered a digital platform; and (II) the entity shall not be considered a digital platform. (C) Small digital platform businesses (i) In general The term digital platform does not include a small digital platform business, except as provided in clause (iii). (ii) SBA rulemaking Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall by regulation define the term small digital platform business for purposes of clause (i). (iii) Non-applicability to systemically important digital platforms Clause (i) shall not apply to a systemically important digital platform. (D) News organizations The term digital platform does not include an entity whose primary purpose is the delivery to the public of news that the entity writes, edits, and reports. (5) Immediate family member The term immediate family member , with respect to an individual, means a spouse, parent, sibling, or child of the individual. (6) Online service The term online service includes a consumer-facing website, back-end online-support system, or other facilitator of online transactions and activities. (7) Systemically important digital platform The term systemically important digital platform means a digital platform that the Commission has designated as a systemically important digital platform under section 10. 4. Establishment of Federal Digital Platform Commission (a) Establishment There is established a commission to be known as the Federal Digital Platform Commission , which shall— (1) be constituted as provided in this Act; and (2) execute and enforce the provisions of this Act. (b) Purposes of Commission The purpose of the Commission is to regulate digital platforms, consistent with the public interest, convenience, and necessity, to promote to all the people of the United States, so far as possible, the following: (1) Access to digital platforms for civic engagement and economic and educational opportunities. (2) Access to government services and public safety. (3) Competition to encourage the creation of new online services and innovation, and to provide to consumers benefits such as lower prices and better quality of service. (4) Prevention of harmful levels of concentration of private power over critical digital infrastructure. (5) A robust and competitive marketplace of ideas with a diversity of views at the local, State, and national levels. (6) Protection for consumers from deceptive, unfair, unjust, unreasonable, or abusive practices committed by digital platforms. (7) Assurance that the algorithmic processes of digital platforms are fair, transparent, and safe. (c) Rule of construction Nothing in this Act, or any amendment made by this Act, shall be construed to modify, impair, or supersede the applicability of any antitrust laws. 5. Jurisdiction (a) Plenary jurisdiction The Commission shall have jurisdiction over any digital platform, the services of which— (1) originate or are received within the United States; and (2) affect interstate or foreign commerce. (b) Provisions relative to systemically important digital platforms Not later than 180 days after the earliest date as of which not fewer than 3 Commissioners have been confirmed, the Commission shall determine whether to issue rules, with input from the Code Council as appropriate, to establish for systemically important digital platforms— (1) commercial and technical standards for— (A) data portability; and (B) interoperability, which shall be defined as the functionality of information systems to— (i) exchange data; and (ii) enable sharing of information; (2) requirements for recommendation systems and other algorithmic processes of systemically important digital platforms to ensure that the algorithmic processes are fair, transparent, and without harmful, abusive, anticompetitive, or deceptive bias; (3) transparency requirements for terms of service, including content moderation policies; (4) requirements for regular public risk assessments of the distribution of harmful content on a systemically important digital platform and steps the systemically important digital platform has taken, or plans to take, to mitigate those harms; (5) transparency and disclosure obligations to enable— (A) oversight by the Commission; (B) third-party audits to ensure the accuracy of any public risk assessments required under paragraph (4); and (C) trusted third-party research in the public interest; and (6) commercial and technical standards to ensure accessibility to individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), including to provide the ability for an individual who has a hearing impairment, speech impairment, or vision impairment to engage with systemically important digital platforms in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment, speech impairment, or vision impairment to engage with systemically important digital platforms. (c) Forbearance (1) In general The Commission may forbear from exercising jurisdiction over a digital platform or class of digital platforms based on size, revenue, market share, or other attributes the Commission determines appropriate. (2) Flexibility The Commission may reassert jurisdiction over a digital platform or class of digital platform over which the Commission forbore from exercising jurisdiction under paragraph (1). 6. Organization and general powers (a) In general The Commission shall be composed of 5 Commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chair. (b) Qualifications (1) Citizenship Each member of the Commission shall be a citizen of the United States. (2) Conflicts of interest (A) In general Subject to subparagraphs (B) and (C), no member of the Commission or person employed by the Commission, and no immediate family member thereof, shall— (i) be financially interested in— (I) any person significantly regulated by the Commission under this Act; or (II) a third party in direct and substantial competition with a person described in subclause (I); or (ii) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person or third party described in clause (i). (B) Significant interest The prohibitions under subparagraph (A) shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the Commission. (C) Waiver (i) In general Subject to section 208 of title 18, United States Code, the Commission may waive, from time to time, the application of the prohibitions under subparagraph (A) to persons employed by the Commission, or immediate family members thereof, if the Commission determines that the financial interests of a person that are involved in a particular case are minimal. (ii) No waiver for Commissioners The waiver authority under clause (i) shall not apply with respect to members of the Commission. (iii) Publication If the Commission exercises the waiver authority under clause (i), the Commission shall publish notice of that action in the Federal Register. (3) Determination of significant interest The Commission, in determining for purposes of paragraph (2) whether a company or other entity has a significant interest in activities that are subject to regulation by the Commission, shall consider, without excluding other relevant factors— (A) the revenues, investments, profits, and managerial efforts directed to the related activities of the company or other entity, as compared to the other aspects of the business of the company or other entity; (B) the extent to which the Commission regulates and oversees the activities of the company or other entity; (C) the degree to which the economic interests of the company or other entity may be affected by any action of the Commission; and (D) the perceptions held by the public regarding the business activities of the company or other entity. (4) No other employment A member of the Commission may not engage in any other business, vocation, profession, or employment while serving as a member of the Commission. (5) Political parties The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners that constitutes a majority of the full membership of the Commission. (c) Term (1) In general A commissioner— (A) shall be appointed for a term of 5 years; and (B) may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office. (2) Filling of vacancies Any person chosen to fill a vacancy in the Commission— (A) shall be appointed for the unexpired term of the commissioner that the person succeeds; (B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner that the person succeeds until a successor is appointed and has been confirmed and taken the oath of office; and (C) may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner that the person succeeds. (3) Effect of vacancy on powers of Commission Except as provided in section 9(e) (relating to repeal of prior rules), no vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission. (d) Salary of Commissioners (1) In general Each Commissioner shall receive an annual salary at the annual rate payable from time to time for grade 16 of the pay scale of the Securities and Exchange Commission, payable in monthly installments. (2) Chair The Chair of the Commission, during the period of service as Chair, shall receive an annual salary at the annual rate payable from time to time for grade 17 of the pay scale of the Securities and Exchange Commission. (e) Principal office (1) General sessions The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held. (2) Special sessions Whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. (f) Employees (1) In general The Commission may, subject to the civil service laws and the Classification Act of 1949, as amended, appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions. (2) Assistants (A) Professional assistants; secretary Without regard to the civil-service laws, but subject to the Classification Act of 1949, each commissioner may appoint professional assistants and a secretary, each of whom shall perform such duties as the commissioner shall direct. (B) Administrative assistant to Chair In addition to the authority under subparagraph (A), the Chair of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an administrative assistant who shall perform such duties as the Chair shall direct. (3) Use of volunteers to monitor violations relating to online services (A) Recruitment and training of volunteers The Commission, for purposes of monitoring violations of any provision of this Act (and of any regulation prescribed by the Commission under this Act), may— (i) recruit and train any software engineer, computer scientist, data scientist, or other individual with skills or expertise relevant to the responsibilities of the Commission; and (ii) accept and employ the voluntary and uncompensated services of individuals described in clause (i). (B) No limitations on voluntary services The authority of the Commission under subparagraph (A) shall not be subject to or affected by— (i) part III of title 5, United States Code; or (ii) section 1342 of title 31, United States Code. (C) No Federal employment Any individual who provides services under this paragraph or who provides goods in connection with such services shall not be considered a Federal or special government employee. (D) Broad representation The Commission, in accepting and employing services of individuals under subparagraph (A), shall seek to achieve a broad representation of individuals and organizations. (E) Rules of conduct The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph. (F) Regulations for personnel practices The Commission may prescribe regulations to select, oversee, sanction, and dismiss any individual authorized under this paragraph to be employed by the Commission. (g) Expenditures (1) In general The Commission may make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for office supplies, online subscriptions, electronics, law books, periodicals, subscriptions, and books of reference), as may be necessary for the execution of the functions vested in the Commission and as may be appropriated for by Congress in accordance with the authorizations of appropriations under section 20. (2) Reimbursement All expenditures of the Commission, including all necessary expenses for transportation incurred by the commissioners or by their employees, under their orders, in making any investigation or upon any official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Chair of the Commission or by such other members or officer thereof as may be designated by the Commission for that purpose. (3) Gifts (A) In general Notwithstanding any other provision of law, in furtherance of its functions the Commission is authorized to accept, hold, administer, and use unconditional gifts, donations, and bequests of real, personal, and other property (including voluntary and uncompensated services, as authorized by section 3109 of title 5, United States Code). (B) Taxes For the purpose of Federal law on income taxes, estate taxes, and gift taxes, property or services accepted under the authority of subparagraph (A) shall be deemed to be a gift, bequest, or devise to the United States. (C) Regulations (i) In general The Commission shall promulgate regulations to carry out this paragraph. (ii) Conflicts of interest The regulations promulgated under clause (i) shall include provisions to preclude the acceptance of any gift, bequest, or donation that would create a conflict of interest or the appearance of a conflict of interest. (h) Quorum; seal (1) Quorum Three members of the Commission shall constitute a quorum thereof. (2) Seal The Commission shall have an official seal which shall be judicially noticed. (i) Duties and powers The Commission may perform any and all acts, including collection of any information from digital platforms under the jurisdiction of the Commission as the Commission determines necessary, without regard to any final determination of the Office on Management and Budget under chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), make such rules and regulations, and issue such orders, not inconsistent with this Act, as may be necessary in the execution of its functions. (j) Conduct of proceedings; hearings (1) In general The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. (2) Conflict of interest No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. (3) Open to all parties Any party may appear before the Commission and be heard in person or by attorney. (4) Record of proceedings (A) In general Subject to subparagraph (B)— (i) every vote and official act of the Commission shall be entered of record; and (ii) the Commission shall endeavor to make each proceeding public, while recognizing the occasional need for private convening and deliberation. (B) Defense information The Commission may withhold publication of records or proceedings containing secret information affecting the national defense. (k) Record of reports All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any digital platform or licensee that may have been complained of. (l) Publication of reports; admissibility as evidence The Commission shall provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. (m) Compensation of appointees Rates of compensation of persons appointed under this section shall be subject to the reduction applicable to officers and employees of the Federal Government generally. (n) Memoranda of understanding The Commission shall enter into memoranda of understanding with the Federal Communications Commission, the Federal Trade Commission, and the Department of Justice to ensure, to the greatest extent possible, coordination, collaboration, and the effective use of Federal resources concerning areas of overlapping jurisdiction. 7. Organization and functioning of the Commission (a) Chair; duties; vacancy (1) In general The member of the Commission designated by the President as Chair shall be the chief executive officer of the Commission. (2) Duties The Chair of the Commission shall— (A) preside at all meetings and sessions of the Commission; (B) represent the Commission in all matters relating to legislation and legislative reports, except that any commissioner may present the commissioner's own or minority views or supplemental reports; (C) represent the Commission in all matters requiring conferences or communications with other governmental officers, departments, or agencies; and (D) generally coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. (3) Vacancy In the case of a vacancy in the office of the Chair of the Commission, or the absence or inability of the Chair to serve, the Commission may temporarily designate a member of the Commission to act as Chair until the cause or circumstance requiring the designation is eliminated or corrected. (b) Organization of staff (1) In general From time to time as the Commission may find necessary, the Commission shall organize its staff into— (A) bureaus, to function on the basis of the Commission’s principal workload operations; and (B) such other divisional organizations as the Commission may determine necessary. (2) Integration The Commission, to the extent practicable, shall organize the bureaus and other divisions of the Commission to— (A) promote collaboration and cross-cutting subject matter and technical expertise; and (B) avoid organization silos. (3) Personnel Each bureau established under paragraph (1)(A) shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions. (4) Expert personnel The Commission shall prioritize, to the extent practicable, the hiring of staff with a demonstrated academic or professional background in computer science, data science, application development, technology policy, and other areas the Commission may determine necessary to perform its functions. (c) Delegation of functions; exceptions to initial orders; force, effect, and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal (1) Delegation of functions (A) In general When necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, the Commission may, by published rule or by order, delegate any of its functions to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as defined in the Administrative Procedure Act), the delegation in any such case may be made only to an employee board consisting of 2 or more employees referred to in paragraph (7). (B) Minimum vote Any rule or order described in subparagraph (A) may be adopted, amended, or rescinded only by a vote of a majority of the members of the Commission then holding office. (2) Force, effect, and enforcement of orders Any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1), unless reviewed as provided in paragraph (3), shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission. (3) Administrative and judicial review (A) Aggrieved persons Any person aggrieved by an order, decision, report, or action described in paragraph (1) may file an application for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. (B) Initiative of Commission The Commission, on its own initiative, may review in whole or in part, at such time and in such manner as it shall determine, any order, decision, report, or action made or taken pursuant to any delegation under paragraph (1). (4) Review (A) In general In passing upon an application for review filed under paragraph (3), the Commission may grant, in whole or in part, or deny the application without specifying any reasons therefor. (B) Questions of fact or law No application for review filed under paragraph (3)(A) shall rely on questions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has been afforded no opportunity to pass. (5) Grant of application If the Commission grants an application for review filed under paragraph (3)(A), the Commission may— (A) affirm, modify, or set aside the order, decision, report, or action; or (B) order a rehearing upon the order, decision, report, or action. (6) Application required for judicial review The filing of an application for review under paragraph (3)(A) shall be a condition precedent to judicial review of any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1). (7) Qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions (A) Qualifications of delegates The employees to whom the Commission may delegate review functions in any case of adjudication (as defined in the Administrative Procedure Act)— (i) shall be qualified, by reason of their training, experience, and competence, to perform such review functions; and (ii) shall perform no duties inconsistent with such review functions. (B) Compensation An employee described in subparagraph (A) shall be in a grade classification or salary level commensurate with the important duties of the employee, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. (C) Separation In the performance of review functions described in subparagraph (A), employees described in that subparagraph— (i) shall be assigned to cases in rotation so far as practicable; and (ii) shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency. (8) Secretary; seal The secretary and seal of the Commission shall be the secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection. (d) Meetings Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its workload shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision in a timely fashion. (e) Managing Director (1) In general The Commission shall have a Managing Director who shall be appointed by the Chair subject to the approval of the Commission. (2) Functions The Managing Director, under the supervision and direction of the Chair, shall perform such administrative and executive functions as the Chair shall delegate. (3) Pay The Managing Director shall be paid at a rate equal to the rate then payable for grade 15 of the pay scale of the Securities and Exchange Commission. 8. Code Council (a) Establishment The Commission shall establish a Code Council that shall develop proposed voluntary or enforceable behavioral codes, technical standards, or other policies for digital platforms through the code process under subsection (e). (b) Membership (1) In general The Council shall consist of 18 members, of whom— (A) 6 shall be representatives of digital platforms or associations of digital platforms, not fewer than 3 of whom shall be representatives of systemically important digital platforms or associations that include systemically important digital platforms; (B) 6 shall be representatives of nonprofit public interest groups, academics, and other experts not affiliated with commercial enterprises, with demonstrated expertise in technology policy, law, consumer protection, privacy, competition, disinformation, or another area the Chair determines relevant; and (C) 6 shall be technical experts in engineering, application development, computer science, data science, machine learning, communications, media studies, and any other discipline the Chair determines relevant. (2) Appointment The Chair shall appoint each member of the Council, subject to approval by the Commission. (3) Terms (A) In general A member of the Council shall be appointed for a term of 3 years. (B) Staggered terms The terms of members of the Council shall be staggered such that one-third of the membership of the Council changes each year. (c) Meetings The Council shall meet publicly not less frequently than once a month. (d) Chair and Vice Chair (1) In general There shall be a Chair and Vice Chair of the Council— (A) one of whom shall be a member described in subparagraph (A) of subsection (b)(1); and (B) one of whom shall be a member described in subparagraph (B) of subsection (b)(1). (2) Annual rotation The Chair or Vice Chair for a calendar year shall be a member described in a different subparagraph of subsection (b)(1) than the member who served as Chair or Vice Chair, respectively, for the preceding calendar year. (e) Code process (1) In general The Commission may, at any time, initiate a process to develop a voluntary or enforceable behavioral code, technical standard, or other policy for digital platforms or a class of digital platforms. (2) Initiation based on petition or Council vote The Commission may initiate the process described in paragraph (1) if— (A) the Commission receives a petition from the public, including from a digital platform or an association of digital platforms; or (B) the Council votes to initiate the process. (3) Council examination and vote If the process described in paragraph (1) is initiated, the Council— (A) shall consider and develop, if appropriate, a proposed behavioral code, technical standard, or other policy for digital platforms or a class of digital platforms; (B) in considering and developing a proposed code, standard, or policy under subparagraph (A), shall— (i) allow for submission of feedback by any interested party; and (ii) make available to the public a factual record, developed during the consideration and development of the proposed code, standard, or policy, that includes any submission received under clause (i); (C) not earlier than 180 days and not later than 360 days after the date on which the process is initiated, shall vote on whether to submit a recommendation for the proposed code, standard, or policy to the Commission; and (D) may submit minority views along with a recommendation under subparagraph (C), as appropriate. (4) Public review; Commission examination and vote Upon receipt of a recommendation for a proposed behavioral code, technical standard, or other policy from the Council under paragraph (3), the Commission shall— (A) allow for submission of comments on the proposed code, standard, or policy by any interested party for a period of not fewer than 45 days and not more than 90 days, and publicly disclose any comments received; (B) examine the proposed code, standard, or policy, along with comments received under subparagraph (A); (C) determine whether to adopt, reject, or adopt with modifications the proposed code, standard, or policy; (D) provide a public rationale for the determination under subparagraph (C); and (E) promulgate rules to carry out the determination under subparagraph (C) in accordance with section 553 of title 5, United States Code. (5) Updates Not less frequently than once every 5 years, the Commission shall review and update, as necessary, any behavioral code, technical standard, or other policy established by rule under paragraph (4). (6) Rule of construction Nothing in this subsection shall be construed to affect the authority of the Commission to promulgate rules under section 9. (f) Qualifications (1) Citizenship Each member of the Council shall be a United States citizen or an alien lawfully admitted for permanent residence to the United States. (2) Conflicts of interest (A) In general Subject to subparagraphs (B) and (C), no member of the Council other than a member appointed under subsection (b)(1)(A) shall— (i) be financially interested in any company or other entity engaged in the business of providing online services; (ii) be financially interested in any company or other entity that controls any company or other entity specified in clause (i), or that derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or (iii) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this Act. (B) Significant interest The prohibitions under subparagraph (A) shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the Commission. (C) Waiver (i) In general Subject to section 208 of title 18, United States Code, the Commission may waive, from time to time, the application of the prohibitions under subparagraph (A) to a member of the Council if the Commission determines that the financial interests of the member that are involved in a particular case are minimal. (ii) Publication If the Commission exercises the waiver authority under clause (i), the Commission shall publish notice of that action in the Federal Register. (3) Determination of significant interest The Commission, in determining for purposes of paragraph (2) whether a company or other entity has a significant interest in activities that are subject to regulation by the Commission, shall consider, without excluding other relevant factors— (A) the revenues, investments, profits, and managerial efforts directed to the related activities of the company or other entity, as compared to the other aspects of the business of the company or other entity; (B) the extent to which the Commission regulates and oversees the activities of the company or other entity; (C) the degree to which the economic interests of the company or other entity may be affected by any action of the Commission; and (D) the perceptions held by the public regarding the business activities of the company or other entity. (g) Rule of construction Nothing in this section shall be construed to authorize the Council to promulgate rules. 9. Rulemaking authority, requirements, and considerations The Commission— (1) may promulgate rules to carry out this Act in accordance with section 553 of title 5, United States Code; and (2) shall tailor the rules promulgated under paragraph (1), as appropriate, based on the size, dominance, and other attributes of particular digital platforms. 10. Systemically important digital platforms (a) Designation of SIDPs; rulemaking authority The Commission may— (1) designate systemically important digital platforms in accordance with this section; and (2) promulgate rules specific to systemically important digital platforms, consistent with the purposes of the Commission under section 4(b). (b) Mandatory criteria The Commission shall designate a digital platform a systemically important digital platform if the platform— (1) is open to the public on one side; (2) has significant engagement among users, which may take the form of private groups, public groups, and the sharing of posts visible to some or all users; (3) conducts business primarily at the interstate or international level, as opposed to the intrastate level; and (4) has operations with significant nationwide economic, social, or political impacts, as defined by the Commission for purposes of this paragraph through notice-and-comment rulemaking under section 553 of title 5, United States Code, which may include— (A) the ability of the platform to significantly shape the national dissemination of news; (B) the ability of the platform to cause a person significant, immediate, and demonstrable economic, social, or political harm by exclusion from the platform; (C) the market power of the platform; (D) the number of unique daily users of the platform; and (E) the dependence of business users, especially small business users, on the platform to reach customers. (c) Annual and other reports (1) Authority to require reports The Commission may— (A) require annual reports from systemically important digital platforms subject to this Act, and from persons directly or indirectly controlling or controlled by, or under direct or indirect control with, any such platform; (B) prescribe the content expected in such reports; (C) prescribe the manner in which such reports shall be made; and (D) require from such persons specific answers to all questions upon which the Commission may need information. (2) Administration (A) Time period covered; filing A report under paragraph (1)— (i) shall be for such 12 months’ period as the Commission shall designate; and (ii) shall be filed with the Commission at its office in Washington not later than 3 months after the close of the year for which the report is made, unless additional time is granted in any case by the Commission. (B) Failure to meet deadline If a person subject to this subsection fails to make and file an annual report within the time specified under subparagraph (A), or within the time extended by the Commission, for making and filing the report, or fails to make specific answer to any question authorized by this subsection within 30 days after the time the person is lawfully required so to do, the person shall forfeit to the United States— (i) $10,000 for each day the person continues to be in default with respect thereto, for the first 30 days of such default; and (ii) an amount determined appropriate by the Commission for each subsequent day that the person continues to be in default with respect thereto, which may not exceed 1 percent of the total global revenue of the person during the preceding year. 11. Inter-agency support (a) Expert support Upon request from any other Federal agency for expertise, technical assistance, or other support from the Commission, the Commission shall provide that support. (b) Required consultation by other Federal agencies Any Federal agency, including the Federal Trade Commission and the Antitrust Division of the Department of Justice, engaged in investigation, regulation, or oversight with respect to the impact of digital platforms on consumer protection, competition, civic engagement, or democratic values and institutions shall consult with the Commission in carrying out that investigation, regulation, or oversight. (c) Required consultation with other Federal agencies The Commission, in carrying out investigation, regulation, or oversight with respect to the impact of digital platforms on consumer protection, competition, civic engagement, or democratic values and institutions, shall consult with each other Federal agency, including the Federal Trade Commission and the Antitrust Division of the Department of Justice, that is engaged in investigation, regulation, or oversight with respect to the impact of digital platforms on consumer protection, competition, civic engagement, or democratic values and institutions. 12. Petitions (a) Petition for forbearance (1) Submission (A) In general Any digital platform or association of digital platforms may submit a petition to the Commission requesting that the Commission forbear the application and enforcement of a rule promulgated under this Act, including a behavioral code of conduct, technical standard, or other policy established by rule under section 8. (B) Publication (i) In general Subject to clause (ii), the Commission shall make a petition submitted under subparagraph (A) available to the public. (ii) Waiver The Commission may waive the requirement under clause (i) if the Commission makes the rationale for the waiver available to the public. (2) Dismissal without prejudice (A) In general Any petition submitted under paragraph (1) shall be deemed dismissed without prejudice if the Commission does not grant the petition within 18 months after the date on which the Commission receives the petition, unless the Commission extends the 18-month period under subparagraph (B) of this paragraph. (B) Extension The Commission may extend the initial 18-month period under subparagraph (A) by an additional 3 months. (3) Scope of grant authority; written explanation The Commission may grant or deny a petition submitted under paragraph (1) in whole or in part and shall explain its decision in writing. (4) Notice and comment requirements Section 553 of title 5, United States Code, shall apply to any determination of the Commission to forbear the application and enforcement of a rule under paragraph (1) of this subsection. (b) State enforcement after Commission forbearance A State commission may not continue to apply or enforce any rule, including any behavioral code, technical standard, or other policy established by rule, that the Commission has determined to forbear from applying under subsection (a). 13. Research (a) Research office In order to carry out the purposes of this Act, the Commission shall establish an office with not fewer than 20 dedicated employees to conduct internal research, and collaborate with outside academics and experts, as appropriate, to further the purposes of the Commission under section 4(b). (b) Research grants (1) In general The office established under subsection (a) may competitively award grants to academic institutions and experts to conduct research consistent with the purposes of the Commission under section 4(b). (2) Public availability A recipient of a grant awarded under paragraph (1) shall make the findings of the research conducted using the grant publicly available. (c) Pilot research program for sensitive data The Commission shall by rule establish a pilot program that allows vetted, nonprofit, financially disinterested academic institutions and experts to access data and other information collected from a digital platform by the Commission for the purposes of research and analysis consistent with the public interest, while— (1) ensuring that no personally identifiable information of any user of the digital platform is publicly available; and (2) making every effort to— (A) avoid harm to the business interests of the digital platform; and (B) ensure the safety and security of the private data and other information of the digital platform. 14. Investigative authority (a) In general The Commission may inquire into the management of the business of digital platforms subject to this Act, and shall keep itself informed as to the manner and method in which that management is conducted and as to technical and business developments in the provision of online services. (b) Information The Commission may obtain from digital platforms subject to this Act and from persons directly or indirectly controlling or controlled by, or under direct or indirect control with, those platforms full and complete information necessary, including data flows, to enable the Commission to perform the duties and carry out the objects for which it was created. 15. HSR filings Section 7A of the Clayton Act ( 15 U.S.C. 18a ) is amended by adding at the end the following: (l) (1) In this subsection— (A) the terms Commission and systemically important digital platform have the meanings given the terms in section 3 of the Digital Platform Commission Act of 2022 ; and (B) the term covered acquisition means an acquisition— (i) subject to this section; and (ii) in which the acquiring person or the person whose voting securities or assets are being acquired is a systemically important digital platform. (2) Any notification required under subsection (a) for a covered acquisition shall be submitted to the Commission. (3) The Commission may request the submission of additional information or documentary material relevant to a covered acquisition. (4) The Commission may submit a recommendation to the Federal Trade Commission and the Assistant Attorney General on whether the covered acquisition violates any of the purposes of the Commission under section 4(b) of the Digital Platform Commission Act of 2022 . (5) The Federal Trade Commission and the Assistant Attorney General— (A) shall cooperate with the Commission in determining whether a covered acquisition, if consummated, would violate the antitrust laws or the purposes of the Commission under section 4(b) of the Digital Platform Commission Act of 2022 ; (B) may use the recommendation of the Commission as a basis for rejecting the covered acquisition, or for imposing additional requirements to consummate the acquisition, even if the covered acquisition does not violate the antitrust laws but violates other purposes of the Commission under section 4(b) of the Digital Platform Commission Act of 2022 ; and (C) in making a determination described in subparagraphs (A), shall give substantial weight to the recommendation of the Commission. . 16. Enforcement by private persons and governmental entities (a) Recovery of damages Any person claiming to be damaged by any digital platform subject to this Act may— (1) make complaint to the Commission under subsection (b); or (2) bring a civil action for enforcement of this Act, including the rules promulgated under this Act, in any district court of the United States of competent jurisdiction. (b) Complaints to the Commission (1) In general (A) Application Any person, any body politic or municipal organization, or any State attorney general or State commission, complaining of anything done or omitted to be done by any digital platform subject to this Act, in contravention of the provisions thereof, may apply to the Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to the digital platform, which shall be called upon to satisfy the complaint or to answer the complaint in writing within a reasonable time to be specified by the Commission. (B) Relief of liability If a digital platform described in subparagraph (A) within the time specified makes reparation for the injury alleged to have been caused, the platform shall be relieved of liability to the complainant only for the particular violation of law thus complained of. (C) Investigation If a digital platform described in subparagraph (A) does not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating the complaint, the Commission shall investigate the matters complained of in such manner and by such means as the Commission determines proper. (D) Direct damage not required No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (2) Order (A) In general The Commission shall, with respect to any investigation under this subsection of the lawfulness of a charge, classification, regulation, or practice, issue an order concluding the investigation not later than 180 days after the date on which the complaint was filed. (B) Final order Any order concluding an investigation under subparagraph (A) shall be a final order and may be appealed under section 18. (3) Orders for payment of money If, after hearing on a complaint under this paragraph, the Commission determines that any party complainant is entitled to an award of damages under this Act, the Commission shall make an order directing the digital platform to pay to the complainant the sum to which the complainant is entitled on or before a day named. (c) Enforcement by State attorneys general If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates this Act or a rule promulgated under this Act, the attorney general of the State, as parens patrie, may bring a civil action on behalf of the residents of the State in any district court of the United States of competent jurisdiction for enforcement of this Act, including the rules promulgated under this Act. (d) Liability of digital platform for acts and omissions of agents In construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any digital platform or user, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of the platform or user as well as that of the person. 17. Enforcement by Commission and Department of Justice (a) Orders (1) Administrative order If the Commission believes that a person has violated or will violate this Act, the Commission may issue and cause to be served on the person an order requiring the person, as applicable— (A) to cease and desist, or refrain, from the violation; or (B) to pay restitution to any victim of the violation. (2) Civil action to enforce order The Commission or the Attorney General may bring a civil action in an appropriate district court of the United States to enforce an order issued under paragraph (1). (b) Civil penalty (1) In general Any digital platform that knowingly violates this Act shall be liable to the United States for a civil penalty. (2) Separate offenses Each distinct violation described in paragraph (1) shall be a separate offense, and in case of continuing violation each day shall be deemed a separate offense. (3) Deterrence The Commission shall establish a civil penalty for a violation of this Act in an amount that the Commission determines appropriate to deter future violations of this Act. (4) Annual cap The total amount of civil penalties imposed on a digital platform during a year under paragraph (1) may not exceed 15 percent of the total global revenue of the digital platform during the preceding year. 18. Proceedings to enjoin, set aside, annul, or suspend orders of the Commission (a) Right To appeal An appeal may be taken from any decision or order of the Commission, by any person who is aggrieved or whose interests are adversely affected by the decision or order, to the United States Court of Appeals for the District of Columbia or the United States court of appeals for the circuit in which the person resides. (b) Filing notice of appeal; contents; jurisdiction; temporary orders (1) Filing notice of appeal An appeal described in subsection (a) shall be taken by filing a notice of appeal with the appropriate United States court of appeals not later than 30 days after the date on which public notice is given of the decision or order complained of. (2) Contents A notice of appeal filed under paragraph (1) shall contain— (A) a concise statement of the nature of the proceedings as to which the appeal is taken; (B) a concise statement of the reasons on which the appellant intends to rely, separately stated and numbered; and (C) proof of service of a true copy of the notice and statements upon the Commission. (3) Jurisdiction Upon the filing of a notice of appeal with a United States court of appeals under paragraph (1), the court— (A) shall have jurisdiction of the proceedings and of the questions determined therein; and (B) shall have power, by order, directed to the Commission or any other party to the appeal, to grant such temporary relief as the court may deem just and proper. (4) Temporary orders An order granting temporary relief issued by the court under paragraph (3)— (A) may be affirmative or negative in scope and application so as to permit— (i) the maintenance of the status quo in the matter in which the appeal is taken; or (ii) the restoration of a position or status terminated or adversely affected by the order appealed from; and (B) shall, unless otherwise ordered by the court, be effective pending hearing and determination of the appeal and compliance by the Commission with the final judgment of the court rendered in the appeal. (c) Notice to interested parties; filing of record (1) Notice to interested parties Not later than 5 days after filing a notice of appeal under subsection (b), the appellant shall provide, to each person shown by the records of the Commission to be interested in the appeal, notice of— (A) the filing; and (B) the pendency of the appeal. (2) Filing of record The Commission shall file with the court the record upon which the order complained of was entered, as provided in section 2112 of title 28, United States Code. (d) Intervention (1) Right to intervene Not later than 30 days after the filing of an appeal described in subsection (a), any interested party may intervene and participate in the proceedings had upon the appeal by filing with the court— (A) a notice of intention to intervene and a verified statement showing the nature of the interest of the person; and (B) proof of service of true copies of the notice and statement described in subparagraph (A) upon— (i) the appellant; and (ii) the Commission. (2) Interested party For purposes of paragraph (1), any person who would be aggrieved or whose interest would be adversely affected by a reversal or modification of the order of the Commission complained of shall be considered an interested party. (e) Record and briefs The record and briefs upon which an appeal described in subsection (a) shall be heard and determined by the court shall contain such information and material, and shall be prepared within such time and in such manner, as the court may by rule prescribe. (f) Time of hearing; procedure The court shall hear and determine an appeal described in subsection (a) upon the record before it in the manner prescribed by section 706 of title 5, United States Code. (g) Remand If the court renders a decision and enters an order reversing the order of the Commission— (1) the court shall remand the case to the Commission to carry out the judgment of the court; and (2) the Commission, in the absence of proceedings to review the judgment under paragraph (1) or (2) of subsection (i), shall forthwith give effect to the judgment, and unless otherwise ordered by the court, shall do so upon the basis of— (A) the proceedings already had; and (B) the record upon which the appeal was heard and determined. (h) Judgment for costs The court may, in its discretion, enter judgment for costs in favor of or against an appellant, or other interested parties intervening in the appeal, but not against the Commission, depending upon the nature of the issues involved in the appeal and the outcome of the appeal. (i) Finality of decision; review by Supreme Court The judgment of a court of appeals under this section shall be final, subject to review by the Supreme Court of the United States— (1) upon writ of certiorari on petition therefor under section 1254 of title 28, United States Code, by— (A) the appellant; (B) the Commission; or (C) any interested party intervening in the appeal; or (2) by certification by the court of appeals under such section 1254. 19. Report to Congress (a) In general Not earlier than 5 years after the date of enactment of this Act, the President shall establish an independent panel to— (1) comprehensively study the policies, operations, and regulations of the Commission; and (2) submit an in-depth report to the congressional committees of jurisdiction, including the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives , that includes— (A) an evaluation of the effectiveness of the Commission in achieving the purposes under section 4(b); (B) recommended reforms to strengthen the Commission; and (C) a recommendation regarding whether the Commission should continue in effect. (b) Membership The independent panel established under subsection (a) shall consist of 10 members, of whom— (1) 2 shall be appointed by the President; (2) 2 shall be appointed by the majority leader of the Senate; (3) 2 shall be appointed by the minority leader of the Senate; (4) 2 shall be appointed by the Speaker of the House of Representatives; and (5) 2 shall be appointed by the minority leader of the House of Representatives. 20. Authorization of appropriations There are authorized to be appropriated to the Commission to carry out the functions of the Commission— (1) $100,000,000 for fiscal year 2023; (2) $200,000,000 for fiscal year 2024; (3) $300,000,000 for fiscal year 2025; (4) $450,000,000 for fiscal year 2026; and (5) $500,000,000 for each of fiscal years 2027 through 2032. | https://www.govinfo.gov/content/pkg/BILLS-117s4201is/xml/BILLS-117s4201is.xml |
117-s-4202 | II 117th CONGRESS 2d Session S. 4202 IN THE SENATE OF THE UNITED STATES May 12, 2022 Ms. Collins (for herself, Mr. Markey , Mrs. Capito , Mr. Warner , Mr. Moran , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require an annual budget estimate for the initiatives of the National Institutes of Health pursuant to reports and recommendations made under the National Alzheimer's Project Act.
1. Short title This Act may be cited as the Alzheimer’s Accountability and Investment Act . 2. Extension of project Section 2 of the National Alzheimer's Project Act ( 42 U.S.C. 11225 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: (h) Professional judgment budget For fiscal year 2024 and each subsequent fiscal year, the Director of the National Institutes of Health shall prepare and submit, directly to the President for review and transmittal to Congress, an annual budget estimate for the initiatives of the National Institutes of Health pursuant to the reports and recommendations made under this Act, including an estimate of the number and type of personnel needs for the National Institutes of Health. . | https://www.govinfo.gov/content/pkg/BILLS-117s4202is/xml/BILLS-117s4202is.xml |
117-s-4203 | II 117th CONGRESS 2d Session S. 4203 IN THE SENATE OF THE UNITED STATES May 12, 2022 Ms. Collins (for herself, Mr. Warner , Mrs. Capito , Mr. Markey , Mr. Moran , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To extend the National Alzheimer's Project.
1. Short title This Act may be cited as the NAPA Reauthorization Act . 2. Extension of project Section 2 of the National Alzheimer's Project Act ( 42 U.S.C. 11225 ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and coordination of and inserting on, and coordination of, ; (B) in paragraph (4)— (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting before subparagraph (B), as so redesignated, the following: (A) promotion of healthy aging and reduction of risk factors for Alzheimer's disease; ; (C) in paragraph (5), by striking ; and and inserting a semicolon; (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: (6) provide information on, and promote the adoption of, healthy behaviors that may reduce the risk of cognitive decline and promote and protect cognitive health; and ; (2) in subsection (d)(2)— (A) by inserting , across public and private sectors, after Nation's progress ; and (B) by inserting , including consideration of public-private collaborations, as appropriate before the period; (3) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (A), by adding at the end the following: (xi) A designee of the Department of Justice. (xii) A designee of the Federal Emergency Management Agency. (xiii) A designee of the Social Security Administration. (xiv) A designee of the Office of Management and Budget. ; and (ii) in subparagraph (B)— (I) in clause (v)— (aa) by striking 2 researchers and inserting 3 researchers ; and (bb) by striking ; and and inserting , including at least one researcher with demonstrated experience in recruitment and retention of diverse cohorts of trial participants; ; (II) in clause (vi), by striking the period and inserting ; and ; and (III) by adding at the end the following: (vii) an individual with a diagnosis of Alzheimer's disease. ; (B) in paragraph (5)— (i) in subparagraph (A)— (I) by striking an initial evaluation and inserting annual evaluations ; and (II) by striking research, clinical and inserting research, risk reduction, public health, clinical ; (ii) in subparagraph (B), by striking initial ; (iii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking initial ; and (II) in clause (ii), by inserting and reduce disparities before the semicolon; and (iv) in subparagraph (D), by striking annually thereafter, an evaluation and inserting annual evaluations ; and (C) in paragraph (6), by striking 2025 and inserting 2035 ; (4) in subsection (g)(3)(A)(ii), by inserting and reduce disparities before the semicolon; and (5) in subsection (h), by striking 2025 and inserting 2035 . | https://www.govinfo.gov/content/pkg/BILLS-117s4203is/xml/BILLS-117s4203is.xml |
117-s-4204 | II 117th CONGRESS 2d Session S. 4204 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Sanders (for himself, Ms. Baldwin , Mr. Blumenthal , Mr. Booker , Mrs. Gillibrand , Mr. Heinrich , Ms. Hirono , Mr. Leahy , Mr. Luján , Mr. Padilla , Mr. Markey , Mr. Merkley , Mr. Schatz , Ms. Warren , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a Medicare-for-all national health insurance program.
1. Short title; table of contents (a) Short title This Act may be cited as the Medicare for All Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Establishment of the Medicare for All Program; Universal Entitlement to Benefits; Enrollment Sec. 101. Establishment of the Medicare for All Program. Sec. 102. Universal entitlement to benefits. Sec. 103. Freedom of choice. Sec. 104. Non-discrimination. Sec. 105. Enrollment. Sec. 106. Effective date of benefits. Sec. 107. Prohibition against duplicating coverage. TITLE II—Comprehensive Benefits, Including Benefits for Long-Term Care Sec. 201. Comprehensive benefits. Sec. 202. No patient cost-sharing. Sec. 203. Exclusions and limitations. Sec. 204. Continued coverage of institutional long-term care and other services under Medicaid. Sec. 205. Prohibiting recovery of correctly paid Medicaid benefits. Sec. 206. Additional State standards. TITLE III—Provider Participation Sec. 301. Provider participation and standards; whistleblower protections. Sec. 302. Qualifications for providers. Sec. 303. Use of private contracts. TITLE IV—Administration Subtitle A—General Administration Provisions Sec. 401. Administration. Sec. 402. Consultation. Sec. 403. Regional administration. Sec. 404. Beneficiary Ombudsman. Sec. 405. Conduct of related health programs. Subtitle B—Control Over Fraud and Abuse Sec. 411. Application of Federal sanctions to all fraud and abuse under Medicare for All Program. TITLE V—Quality of Care Sec. 501. Quality standards. Sec. 502. Addressing health care disparities. TITLE VI—National Health Budget; Provider Payments; Cost Containment Measures Subtitle A—Budgeting Sec. 601. National health budget. Sec. 602. Temporary worker assistance. Subtitle B—Payments to Providers Sec. 611. Payments to institutional providers based on global budgets. Sec. 612. Payments to individual providers through fee-for-service. Sec. 613. Accurate valuation of services under the Medicare physician fee schedule. Sec. 614. Payments for prescription drugs and approved devices and equipment. Sec. 615. Payment prohibitions; capital expenditures; special projects. Sec. 616. Office of Health Equity. Sec. 617. Office of Primary Health Care. TITLE VII—Universal Medicare Trust Fund Sec. 701. Universal Medicare Trust Fund. TITLE VIII—Conforming Amendments to the Employee Retirement Income Security Act of 1974 Sec. 801. Prohibition of employee benefits duplicative of benefits under the Medicare for All Program; coordination in case of workers’ compensation. Sec. 802. Repeal of continuation coverage requirements under ERISA and certain other requirements relating to group health plans. Sec. 803. Effective date of title. TITLE IX—Additional Conforming Amendments Sec. 901. Relationship to existing Federal health programs. Sec. 902. Sunset of provisions related to the State Exchanges. TITLE X—Transition to Medicare for All Subtitle A—Improvements to Medicare Sec. 1001. Protecting Medicare fee-for-service beneficiaries from high out-of-pocket costs. Sec. 1002. Reducing Medicare part D annual out-of-pocket threshold and eliminating cost-sharing above that threshold. Sec. 1003. Expanding Medicare to cover dental and vision services and hearing aids and examinations under part B. Sec. 1004. Eliminating the 24-month waiting period for Medicare coverage for individuals with disabilities. Sec. 1005. Guaranteed issue of Medigap policies. Subtitle B—Temporary Medicare Buy-In Option and Temporary Public Option Sec. 1011. Lowering the Medicare age. Sec. 1012. Establishment of the Medicare transition plan. Subtitle C—Patient Protections During Medicare for All Transition Period Sec. 1021. Minimizing disruptions to patient care. Sec. 1022. Public consultation. Sec. 1023. Definitions. TITLE XI—Miscellaneous Sec. 1101. Updating resource limits for Supplemental Security Income eligibility (SSI). Sec. 1102. Definitions. I Establishment of the Medicare for All Program; Universal Entitlement to Benefits; Enrollment 101. Establishment of the Medicare for All Program There is hereby established a national health insurance program to provide comprehensive protection against the costs of health care and health-related services, in accordance with the standards specified in, or established under, this Act. 102. Universal entitlement to benefits (a) In general Every individual who is a resident of the United States is entitled to benefits for health care services under this Act. The Secretary shall promulgate a rule that provides criteria for determining residency for eligibility purposes under this Act. (b) Treatment of other individuals The Secretary— (1) may make eligible for benefits for health care services under this Act other individuals not described in subsection (a) and regulate their eligibility to ensure that every person in the United States has access to health care; and (2) shall promulgate a rule, consistent with Federal immigration laws, to prevent an individual from traveling to the United States for the sole purpose of obtaining health care services provided under this Act. 103. Freedom of choice Any individual entitled to benefits under this Act may obtain health services from any institution, agency, or individual qualified to participate under this Act. 104. Non-discrimination (a) In general No person shall, on the basis of race, color, national origin, age, disability, marital status, citizenship status, primary language use, genetic conditions, previous or existing medical conditions, religion, or sex, including sex stereotyping, gender identity, sexual orientation, and pregnancy and related medical conditions (including termination of pregnancy), be excluded from participation in or be denied the benefits of the program established under this Act (except as expressly authorized by this Act for purposes of enforcing eligibility standards described in section 102), or be subject to any reduction of benefits or other discrimination by any participating provider (as defined in section 301), or any entity conducting, administering, or funding a health program or activity, including contracts of insurance, pursuant to this Act. (b) Claims of discrimination (1) In general The Secretary shall establish a procedure for adjudication of administrative complaints alleging a violation of subsection (a). (2) Jurisdiction Any person aggrieved by a violation of subsection (a) by a covered entity may file suit in any district court of the United States having jurisdiction of the parties. A person may bring an action under this paragraph concurrently with such administrative remedies as established in paragraph (1). (3) Damages If the court finds a violation of subsection (a), the court may grant compensatory and punitive damages, declaratory relief, injunctive relief, attorneys’ fees and costs, or other relief as appropriate. (c) Continued application of laws Nothing in this title (or an amendment made by this title) shall be construed to invalidate or otherwise limit any of the rights, remedies, procedures, or legal standards available to individuals aggrieved under section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ), title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Age Discrimination Act of 1975 ( 42 U.S.C. 611 et seq. ). Nothing in this title (or an amendment to this title) shall be construed to supersede State laws that provide additional protections against discrimination on any basis described in subsection (a). 105. Enrollment (a) In general The Secretary shall provide a mechanism for the enrollment of individuals eligible for benefits under this Act. The mechanism shall— (1) include a process for the automatic enrollment of individuals at the time of birth in the United States (or upon establishment of residency in the United States); (2) provide for the enrollment, as of the date described in section 106, of all individuals who are eligible to be enrolled as of such date; and (3) include a process for the enrollment of individuals made eligible for health care services under section 102(b). (b) Issuance of Medicare for All cards In conjunction with an individual’s enrollment for benefits under this Act, the Secretary shall provide for the issuance of a Medicare for All card that shall be used for purposes of identification and processing of claims for benefits under this program. The card shall not include an individual’s Social Security number. 106. Effective date of benefits (a) In general Except as provided in subsection (b), benefits shall first be available under this Act for items and services furnished on January 1 of the fourth calendar year that begins after the date of enactment of this Act. (b) Immediate coverage of children (1) In general For any eligible individual who has not yet attained the age of 19 as of the date that is 1 year after the date of enactment of this Act, benefits shall first be available under this Act for items and services furnished on January 1 of the first calendar year that begins after the date of enactment of this Act. (2) Option to continue in other coverage during transition period Any person who is eligible to receive benefits as described in paragraph (1) may opt to maintain any coverage described in section 901, private health insurance coverage, or coverage offered pursuant to subtitle A of title X (including the amendments made by such subtitle) until the date on which benefits are first available under subsection (a). 107. Prohibition against duplicating coverage (a) In general Beginning on the date on which benefits are first available under section 106(a), it shall be unlawful for— (1) a private health insurer to sell health insurance coverage that duplicates the benefits provided under this Act; or (2) an employer to provide benefits for an employee, former employee, or the dependents of an employee or former employee that duplicate the benefits provided under this Act. (b) Construction Nothing in this Act shall be construed as prohibiting the sale of health insurance coverage for any additional benefits not covered by this Act, including additional benefits that an employer may provide to employees or their dependents, or to former employees or their dependents. II Comprehensive Benefits, Including Benefits for Long-Term Care 201. Comprehensive benefits (a) In general Subject to the other provisions of this title and titles IV through IX, individuals enrolled for benefits under this Act are entitled to have payment made by the Secretary to an eligible provider for the following items and services if medically necessary or appropriate for the maintenance of health or for the diagnosis, treatment, or rehabilitation of a health condition: (1) Hospital services, including inpatient and outpatient hospital care, including 24-hour-a-day emergency services and inpatient prescription drugs. (2) Ambulatory patient services. (3) Primary and preventive services, including chronic disease management. (4) Prescription drugs and medical devices, including outpatient drugs and devices. (5) Mental health and substance use treatment services, including inpatient care and treatment for co-occurring mental illness and substance use disorders. (6) Laboratory and diagnostic services. (7) Comprehensive reproductive, maternity, and newborn care. (8) Pediatrics, including early and periodic screening, diagnostic, and treatment services (as defined in section 1905(r) of the Social Security Act ( 42 U.S.C. 1396d(r) )). (9) Oral health, audiology, and vision services. (10) Rehabilitative and habilitative services and devices. (11) Emergency services and transportation. (12) Necessary transportation to receive health care services for persons with disabilities, older individuals with functional limitations, and low-income individuals (as determined by the Secretary). (13) Services provided by a licensed marriage and family therapist or a licensed mental health counselor. (14) Home and community-based long-term services and supports (to be provided in accordance with the requirements for home and community-based settings under sections 441.530 and 441.710 of title 42, Code of Federal Regulations), including— (A) services described in paragraphs (7), (8), (13), (19), and (24) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ); (B) home and community-based services described in subsection (c)(4)(B) of section 1915 of the Social Security Act (including habilitation services defined in subsection (c)(5) of such section); (C) self-directed home and community-based services described in subsection (i) of section 1915 of the Social Security Act; (D) self-directed personal assistance services (as defined in subsection (j)(4)(A) of section 1915 of the Social Security Act); and (E) home and community-based attendant services and supports described in subsection (k) of section 1915 of the Social Security Act. (b) Revision The Secretary shall, at least on an annual basis, evaluate whether the benefits package should be improved to promote the health of beneficiaries, account for changes in medical practice or new information from medical research, or respond to other relevant developments in health science, and shall make recommendations to Congress regarding any such improvements. (c) Complementary and alternative medicine (1) In general In carrying out subsection (b), the Secretary shall consult with the persons described in paragraph (1) with respect to— (A) identifying specific complementary and integrative medicine practices that are appropriate to include in the benefits package; and (B) identifying barriers to the effective provision and integration of such practices into the delivery of health care, and identifying mechanisms for overcoming such barriers. (2) Consultation In accordance with paragraph (1), the Secretary shall consult with— (A) the Director of the National Center for Complementary and Integrative Health; (B) the Commissioner of Food and Drugs; (C) institutions of higher education, private research institutes, and individual researchers with extensive experience in complementary and integrative medicine and the integration of such practices into the delivery of health care; (D) nationally recognized providers of complementary and alternative medicine; and (E) such other officials, entities, and individuals with expertise on complementary and integrative medicine as the Secretary determines appropriate. (d) States may provide additional benefits Individual States may provide additional benefits for the residents of such States, as determined by such State, and may provide benefits to individuals not eligible for benefits under this Act at the expense of the State. 202. No patient cost-sharing (a) In general The Secretary shall ensure that no cost-sharing, including deductibles, coinsurance, copayments, or similar charges, be imposed on an individual for any benefits provided under this Act, except as described in subsection (b). (b) Exceptions The Secretary may set a cost-sharing schedule for prescription drugs— (1) provided that— (A) such schedule is evidence-based, patient-centered, and encourages the use of generic drugs; (B) such cost-sharing does not apply to preventive drugs; (C) such cost-sharing does not exceed $200 annually per individual, adjusted annually for inflation; and (D) such cost-sharing is not imposed on individuals with a household income equal to or below 250 percent of the poverty line for a family of the size involved; and (2) under which the Secretary may— (A) exempt brand-name drugs from consideration in determining whether an individual has reached any out-of-pocket limit if a safe and appropriate generic version of such drug is available to such individual; and (B) waive cost-sharing in response to a coverage appeal under section 203(b)(2). (c) No balance billing Notwithstanding contracts in accordance with section 303, no provider may impose a charge to an enrolled individual for covered services for which benefits are provided under this Act. 203. Exclusions and limitations (a) In general Benefits for items and services are not available under this Act unless the services meet the standards developed by the Secretary pursuant to section 201(a). (b) Treatment of experimental services and drugs (1) In general In applying subsection (a), the Secretary shall make national coverage determinations with respect to services that are experimental in nature. Such determinations shall be consistent with the national coverage determination process as defined in section 1869(f)(1)(B) of the Social Security Act ( 42 U.S.C. 1395ff(f)(1)(B) ). (2) Appeals process The Secretary shall establish a process by which individuals can appeal coverage decisions. The process shall, as much as is feasible, follow the process for appeals under the Medicare program described in section 1869 of the Social Security Act ( 42 U.S.C. 1395ff ). (c) Application of practice guidelines (1) In general In the case of items and services for which the Department of Health and Human Services has recognized a national practice guideline, such items and services are considered to meet the standards specified in section 201(a) if they have been provided in accordance with such guideline. (2) Certain exceptions For purposes of this subsection, an item or service not provided in accordance with a national practice guideline shall be considered to have been provided in accordance with such guideline if the health care provider providing the item or service— (A) exercised appropriate professional discretion to deviate from the guideline in a manner authorized or anticipated by the guideline; (B) acted in accordance with the laws and requirements in which such item or service is furnished; (C) acted in the best interests of the individual receiving the item or service; and (D) acted in a manner consistent with the individual’s wishes. 204. Continued coverage of institutional long-term care and other services under Medicaid Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by inserting the following section after section 1947: 1948. State Plan for Providing Institutional Long-Term Care Services (a) In general For quarters beginning on or after the date on which benefits are first available under section 106(a) of the Medicare for All Act of 2022 , notwithstanding any other provision of this title— (1) a State plan for medical assistance shall provide for making medical assistance available for services that are institutional long-term care services in a manner consistent with this section; and (2) no payment to a State shall be made under this title with respect to expenditures incurred by the State in providing medical assistance on or after such date for services that are not— (A) institutional long-term care services; or (B) other services for which benefits are not available under the Medicare for All Act of 2022 and which are furnished under a State plan for medical assistance which provided for medical assistance for such services on September 1, 2021. (b) Institutional long-Term care services defined In this section, the term institutional long-term care services means the following: (1) Nursing facility services for individuals 21 years of age or over described in subparagraph (A) of section 1905(a)(4). (2) Inpatient services for individuals 65 years of age or over provided in an institution for mental disease described in section 1905(a)(14). (3) Intermediate care facility services described in section 1905(a)(15). (4) Inpatient psychiatric hospital services for individuals under age 21 described in section 1905(a)(16). (5) Nursing facility services described in section 1905(a)(29). (c) State maintenance of effort requirement (1) Eligibility standards (A) In general Beginning on the date described in subsection (a), no payment may be made under section 1903 with respect to medical assistance provided under a State plan for medical assistance if the State adopts income, resource, or other standards and methodologies for purposes of determining an individual's eligibility for medical assistance under the State plan that are more restrictive than those applied as of January 1, 2022. (B) Indexing of amounts of income and resource standards In determining whether a State has adopted income or resource standards that are more restrictive than the standards which applied as of January 1, 2022, the Secretary shall deem the amount of any such standard that was applied as of such date to be increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average) from September of 2021 to September of the fiscal year for which the Secretary is making such determination. (2) Expenditures (A) In general For each fiscal year or portion of a fiscal year that occurs during the period that begins on the first day of the first fiscal quarter that begins on or after the date on which benefits are first available under section 106(a) of the Medicare for All Act of 2022 , as a condition of receiving payments under section 1903(a), a State shall make expenditures for medical assistance for services that are institutional long-term care services in an amount that is not less than the expenditure floor determined for the State and fiscal year (or portion of a fiscal year) under subparagraph (B). (B) Expenditure floor (i) In general For each fiscal year or portion of a fiscal year described in subparagraph (A), the Secretary shall determine for each State an expenditure floor that shall be equal to— (I) the amount of the State's expenditures for fiscal year 2021 on medical assistance for institutional long-term care services; increased by (II) the growth factor determined under subclause (ii). (ii) Growth factor For each fiscal year or portion of a fiscal year described in subparagraph (A), the Secretary shall, not later than September 1 of the fiscal year preceding such fiscal year or portion of a fiscal year, determine a growth factor for each State that takes into account— (I) the percentage increase in health care costs in the State; (II) the total amount expended by the State for the previous fiscal year on medical assistance for institutional long-term care services; (III) the increase, if any, in the total population of the State from July of 2021 to July of the fiscal year preceding the fiscal year involved; (IV) the increase, if any, in the population of individuals aged 65 and older of the State from July of 2021 to July of the fiscal year preceding the fiscal year involved; and (V) the decrease, if any, in the population of the State that requires medical assistance for institutional long-term care services that is attributable to the availability of coverage for the services described in section 201(a)(13) of the Medicare for All Act of 2022 . (iii) Proration rule Any amount determined under this subparagraph for a portion of a fiscal year shall be prorated based on the length of such portion of a fiscal year relative to a complete fiscal year. (d) Nonapplication of certain requirements Beginning on the date described in subsection (a), any provision of this title requiring a State plan for medical assistance to make available medical assistance for services that are not institutional long-term care services or services described in section 901(a)(3)(A)(ii) of the Medicare for All Act of 2022 shall have no effect. . 205. Prohibiting recovery of correctly paid Medicaid benefits Section 1917 of the Social Security Act ( 42 U.S.C. 1396p ) is amended— (1) by amending subsection (a) to read as follows: (a) No lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan, except pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual. ; and (2) by amending subsection (b) to read as follows: (b) No adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be made. . 206. Additional State standards (a) In general Nothing in this Act shall prohibit individual States from setting additional standards, with respect to eligibility, benefits, and minimum provider standards, consistent with the purposes of this Act, provided that such standards do not restrict eligibility or reduce access to benefits for items and services. (b) Restrictions on providers With respect to any individuals or entities certified to provide services covered under section 201(a)(7), a State may not prohibit an individual or entity from participating in the program under this Act, for reasons other than the ability of the individual or entity to provide such services. III Provider Participation 301. Provider participation and standards; whistleblower protections (a) In general An individual or other entity furnishing any covered item or service under this Act is not a qualified provider unless the individual or entity— (1) is a qualified provider of the items or services under section 302; (2) has filed with the Secretary a participation agreement described in subsection (b); and (3) meets, as applicable, such other qualifications and conditions with respect to a provider of services under title XVIII of the Social Security Act as described in section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ). (b) Requirements in participation agreement (1) In general A participation agreement described in this subsection between the Secretary and a provider shall provide at least for the following: (A) Items and services to eligible persons shall be furnished by the provider without discrimination, in accordance with section 104(a). Nothing in this subparagraph shall be construed as requiring the provision of a type or class of items or services that are outside the scope of the provider’s normal practice. (B) No charge will be made to any enrolled individual for any covered items or services other than for payment authorized by this Act. (C) The provider agrees to furnish such information as may be reasonably required by the Secretary, in accordance with uniform reporting standards established under section 401(b)(1), for— (i) quality review by designated entities; (ii) making payments under this Act, including the examination of records as may be necessary for the verification of information on which such payments are based; (iii) statistical or other studies required for the implementation of this Act; and (iv) such other purposes as the Secretary may specify. (D) In the case of a provider that is not an individual, the provider agrees not to employ or use for the provision of health services any individual or other provider that has had a participation agreement under this subsection terminated for cause. The Secretary may authorize such employment or use on a case-by-case basis. (E) In the case of a provider paid under a fee-for-service basis for items and services furnished under this Act, the provider agrees to submit bills and any required supporting documentation relating to the provision of covered items and services within 30 days after the date of providing such items and services. (F) In the case of an institutional provider paid pursuant to section 611, the provider agrees to submit information and any other required supporting documentation as may be reasonably required by the Secretary within 30 days after the date of providing such items and services and in accordance with the uniform reporting standards established under section 401(b)(1), including information on a quarterly basis that— (i) relates to the provision of covered items and services; and (ii) describes items and services furnished with respect to specific individuals. (G) In the case of a provider that receives payment for items and services furnished under this Act based on diagnosis-related coding, procedure coding, or other coding system or data, the provider agrees— (i) to disclose to the Secretary any system or index of coding or classifying patient symptoms, diagnoses, clinical interventions, episodes, or procedures that such provider utilizes for global budget negotiations under title VI or for meeting any other payment, documentation, or data collection requirements under this Act; and (ii) not to use any such system or index to establish financial incentives or disincentives for health care professionals, or that is proprietary, interferes with the medical or nursing process, or is designed to increase the amount or number of payments. (H) The provider complies with the duty of provider ethics and reporting requirements described in paragraph (2). (I) In the case of a provider that is not an individual, the provider agrees that no board member, executive, or administrator of such provider receives compensation from, owns stock or has other financial investments in, or serves as a board member of any entity that contracts with or provides items or services, including pharmaceutical products and medical devices or equipment, to such provider. (2) Provider duty of ethics Each health care provider, including institutional providers, has a duty to advocate for and to act in the exclusive interest of each individual under the care of such provider according to the applicable legal standard of care, such that no financial interest or relationship impairs any health care provider’s ability to furnish necessary and appropriate care to such individual. To implement the duty established in this paragraph, the Secretary shall— (A) promulgate reasonable reporting rules to evaluate participating provider compliance with this paragraph; (B) prohibit participating providers, spouses, and immediate family members of participating providers, from accepting or entering into any arrangement for any bonus, incentive payment, profit-sharing, or compensation based on patient utilization or based on financial outcomes of any other provider or entity; and (C) prohibit participating providers or any board member or representative of such provider from serving as board members for or receiving any compensation, stock, or other financial investment in an entity that contracts with or provides items or services (including pharmaceutical products and medical devices or equipment) to such provider. (3) Termination of participation agreement (A) In general Participation agreements may be terminated, with appropriate notice— (i) by the Secretary for failure to meet the requirements of this Act; (ii) in accordance with the provisions described in section 411; or (iii) by a provider. (B) Termination process Providers shall be provided notice and a reasonable opportunity to correct deficiencies before the Secretary terminates an agreement unless a more immediate termination is required for public safety or similar reasons. (C) Provider protections (i) Prohibition The Secretary may not terminate a participation agreement or in any other way discriminate against, or cause to be discriminated against, any covered provider or authorized representative of the provider, on account of such provider or representative— (I) providing, causing to be provided, or being about to provide or cause to be provided to the provider, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the provider or representative reasonably believes to be a violation of, any provision of this title (or an amendment made by this title); (II) testifying or being about to testify in a proceeding concerning such violation; (III) assisting or participating, or being about to assist or participate, in such a proceeding; or (IV) objecting to, or refusing to participate in, any activity, policy, practice, or assigned task that the provider or representative reasonably believes to be in violation of any provision of this Act (including any amendment made by this Act), or any order, rule, regulation, standard, or ban under this Act (including any amendment made by this Act). (ii) Complaint procedure A provider or representative who believes that he or she has been discriminated against in violation of this section may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code. (c) Whistleblower protections (1) Retaliation prohibited No person may discharge or otherwise discriminate against any employee because the employee or any person acting pursuant to a request of the employee— (A) notified the Secretary or the employee’s employer of any alleged violation of this title, including communications related to carrying out the employee’s job duties; (B) refused to engage in any practice made unlawful by this title, if the employee has identified the alleged illegality to the employer; (C) testified before or otherwise provided information relevant for Congress or for any Federal or State proceeding regarding any provision (or proposed provision) of this title; (D) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this title; (E) testified or is about to testify in any such proceeding; or (F) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of this title. (2) Enforcement action Any employee covered by this section who alleges discrimination by an employer in violation of paragraph (1) may bring an action, subject to the statute of limitations in the anti-retaliation provisions of the False Claims Act and the rules and procedures, legal burdens of proof, and remedies applicable under the employee protections provisions of the Surface Transportation Assistance Act. (3) Application (A) Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or regulation, including the rights and remedies against retaliatory action under the False Claims Act ( 31 U.S.C. 3730(h) ), or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment. (B) Nothing in this subsection shall be construed to preempt or diminish any other Federal or State law or regulation against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination, including the rights and remedies against retaliatory action under the False Claims Act ( 31 U.S.C. 3730(h) ). (4) Definitions In this subsection: (A) Employer The term employer means any person engaged in profit or nonprofit business or industry, including one or more individuals, partnerships, associations, corporations, trusts, professional membership organization including a certification, disciplinary, or other professional body, unincorporated organizations, nongovernmental organizations, or trustees, and subject to liability for violating the provisions of this Act. (B) Employee The term employee means any individual performing activities under this Act on behalf of an employer. 302. Qualifications for providers (a) In general A health care provider is considered a qualified provider to furnish covered items and services under this Act if the provider is licensed or certified to furnish such items and services in the State in which the individual receiving such items and services is located and meets— (1) the requirements of such State’s laws to furnish such items and services; and (2) applicable requirements of Federal law to furnish such items and services. (b) Federal providers Any provider qualified to provide health care items and services at a facility of the Department of Veterans Affairs, the Indian Health Service, or the uniformed services (as defined in section 1072(1) of title 10, United States Code) (with respect to the direct care component of the TRICARE program) is a qualified provider under this section with respect to any individual who qualifies for such items and services under applicable Federal law. (c) Minimum provider standards (1) In general The Secretary shall establish, evaluate, and update national minimum standards to ensure the quality of items and services provided under this Act and to monitor efforts by States to ensure the quality of items and such services. A State may also establish additional minimum standards which providers shall meet with respect to services provided in such State. (2) National minimum standards The Secretary shall establish national minimum standards under paragraph (1) for institutional providers of services and individual health care practitioners. Except as the Secretary may specify in order to carry out this Act, a hospital, skilled nursing facility, or other institutional provider of services shall meet standards applicable to such a provider under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). Such standards also may include, where appropriate, elements relating to— (A) adequacy and quality of facilities; (B) training and competence of personnel (including requirements related to the number or type of required continuing education hours); (C) comprehensiveness of service; (D) continuity of service; (E) patient waiting time, access to service, and references; and (F) performance standards, including organization, facilities, structure of services, efficiency of operation, and outcome in palliation, improvement of health, stabilization, cure, or rehabilitation. (3) Transition in application If the Secretary provides for additional requirements for providers under this subsection, any such additional requirement shall be implemented in a manner that provides for a reasonable period during which a previously qualified provider is permitted to meet such an additional requirement. 303. Use of private contracts (a) In general This section shall apply beginning on the date on which benefits are first available under section 106(a), subject to the provisions of this subsection, nothing in this Act shall prohibit an institutional or individual provider from entering into a private contract with an enrolled individual for any item or service— (1) for which no claim for payment is to be submitted under this Act; and (2) for which the provider receives— (A) no reimbursement under this Act directly or on a capitated basis; and (B) receives no amount for such item or service from an organization which receives reimbursement for such items or service under this Act directly or on a capitated basis. (b) Contract requirements (1) In general Any contract to provide items and services under subsection (a) shall— (A) be in writing and signed by the individual (or authorized representative of the individual) receiving the item or service before the item or service is furnished pursuant to the contract; (B) be entered into at a time when the individual is facing an emergency health care situation; and (C) contain the items described in paragraph (2). (2) Items required to be included in contract Any contract to provide items and services to which subsection (a) applies shall clearly indicate to the individual that by signing such contract the individual— (A) agrees not to submit a claim (or to request that the provider submit a claim) under this Act for such items or services even if such items or services are otherwise covered by this Act; (B) agrees to be responsible, whether through insurance offered under section 107(b) or otherwise, for payment of such items or services and understands that no reimbursement will be provided under this Act for such items or services; (C) acknowledges that no limits under this Act apply to amounts that may be charged for such items or services; (D) if the provider is a nonparticipating provider, acknowledges that the beneficiary has the right to have such items or services provided by other providers for whom payment would be made under this Act; and (E) acknowledges that the provider is providing services outside the scope of the program under this Act. (c) Provider requirements (1) In general Subsection (a) shall not apply to any contract unless an affidavit described in paragraph (2) is in effect during the period any item or service is to be provided pursuant to the contract. (2) Affidavit An affidavit as described in this subparagraph shall— (A) identify the practitioner, and be signed by such practitioner; (B) provide that the practitioner will not submit any claim under this title for any item or service provided to any beneficiary (and will not receive any reimbursement or amount described in paragraph (1)(B) for any such item or service) during the 1-year period beginning on the date the affidavit is signed; and (C) be filed with the Secretary no later than 10 days after the first contract to which such affidavit applies is entered into. (3) Enforcement If a physician or practitioner signing an affidavit described in paragraph (2) knowingly and willfully submits a claim under this title for any item or service provided during the 1-year period described in paragraph (2)(B) (or receives any reimbursement or amount described in subsection (a)(2) for any such item or service) with respect to such affidavit— (A) this subsection shall not apply with respect to any items and services provided by the physician or practitioner pursuant to any contract on and after the date of such submission and before the end of such period; and (B) no payment shall be made under this title for any item or service furnished by the physician or practitioner during the period described in clause (i) (and no reimbursement or payment of any amount described in subsection (a)(2) shall be made for any such item or service). IV Administration A General Administration Provisions 401. Administration (a) General duties of the Secretary (1) In general The Secretary shall develop policies, procedures, guidelines, and requirements to carry out this Act, including related to— (A) eligibility for benefits; (B) enrollment; (C) benefits provided; (D) provider participation standards and qualifications, as described in title III; (E) levels of funding; (F) methods for determining amounts of payments to providers of covered items and services, consistent with subtitle B; (G) a process for appealing or petitioning for a determination of coverage for items and services under this Act; (H) planning for capital expenditures and service delivery; (I) planning for health professional education funding; (J) encouraging States to develop regional planning mechanisms; and (K) any other regulations necessary to carry out the purposes of this Act. (2) Regulations Regulations authorized by this Act shall be issued by the Secretary in accordance with section 553 of title 5, United States Code. (b) Uniform reporting standards; annual report; studies (1) Uniform reporting standards (A) In general The Secretary shall establish uniform State reporting requirements, provider reporting requirements, and national standards to ensure an adequate national database containing information pertaining to health services practitioners, approved providers, the costs of facilities and practitioners providing such items and services, the quality of such items and services, the outcomes of such items and services, and the equity of health among population groups. Such database shall include, to the maximum extent feasible without compromising patient privacy, health outcome measures used under this Act, and to the maximum extent feasible without excessively burdening providers, the measures described in subparagraphs (D) through (F) of subsection (a)(1). (B) Reports The Secretary shall— (i) regularly analyze information reported to the Secretary; and (ii) define rules and procedures to allow researchers, scholars, health care providers, and others to access and analyze data for purposes consistent with quality and outcomes research, without compromising patient privacy. (2) Annual report Beginning January 1 of the second year beginning after the effective date of this Act, the Secretary shall annually report to Congress on the following: (A) The status of implementation of the Act. (B) Enrollment under this Act. (C) Benefits under this Act. (D) Expenditures and financing under this Act. (E) Cost-containment measures and achievements under this Act. (F) Quality assurance. (G) Health care utilization patterns, including any changes attributable to the program. (H) Changes in the per capita costs of health care. (I) Differences in the health status of the populations of the different States, by demographic characteristics, including race, ethnicity, gender, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status. (J) Progress on implementing quality and outcome measures under this Act, and long-range plans and goals for achievements in such areas. (K) Plans for improving service to medically underserved populations. (L) Transition problems as a result of implementation of this Act. (M) Opportunities for improvements under this Act. (3) Statistical analyses and other studies The Secretary may, either directly or by contract— (A) make statistical and other studies, on a nationwide, regional, State, or local basis, of any aspect of the operation of this Act; (B) develop and test methods of delivery of items and services as the Secretary may consider necessary or promising for the evaluation, or for the improvement, of the operation of this Act; and (C) develop methodological standards for evidence-based policymaking. (c) Audits (1) In general The Comptroller General of the United States shall conduct an audit of the Department of Health and Human Services every fifth fiscal year following the effective date of this Act to determine the effectiveness of the program in carrying out the duties under subsection (a). (2) Reports The Comptroller General of the United States shall submit a report to Congress concerning the results of each audit conducted under this subsection. 402. Consultation The Secretary shall consult with Federal agencies, Indian Tribes and urban Indian health organizations, and private entities, such as labor organizations representing health care workers, professional societies, national associations, nationally recognized associations of health care experts, medical schools and academic health centers, consumer groups, and labor business organizations in the formulation of guidelines, regulations, policy initiatives, and information gathering to ensure the broadest and most informed input in the administration of this Act. Nothing in this Act shall prevent the Secretary from adopting guidelines, consistent with section 203(c), developed by such a private entity if, in the Secretary’s judgment, such guidelines are generally accepted as reasonable and prudent and consistent with this Act. 403. Regional administration (a) Regional Medicare for All offices The Secretary shall establish and maintain regional offices for the purpose of carrying out the duties specified in subsection (c) and promoting adequate access to, and efficient use of, tertiary care facilities, equipment, items, and services by individuals enrolled under this Act. (b) Coordination Wherever possible, the Secretary shall incorporate the regional offices and the administrative processes of the Centers for Medicare & Medicaid Services for the purposes of carrying out subsection (a). (c) Appointment of regional directors In each regional office established under subsection (a) there shall be— (1) one regional director appointed by the Secretary; (2) one deputy director appointed by the regional director to represent the Indian and Alaska Native Tribes in the region, if any; and (3) one deputy director appointed by the regional director to oversee home- and community-based services and supports. (d) Duties Each regional director shall— (1) submit an annual regional health care needs assessment report to the Secretary, after a thorough examination of health needs and consultation with public health officials, clinicians, patients, and patient advocates; (2) recommend any changes in provider reimbursement or payment for delivery of health items and services determined appropriate by the regional director, subject to the requirements of title VI; and (3) establish a quality assurance mechanism in each such region in order to minimize both under-utilization and over-utilization of health care items and services and to ensure that all providers meet the quality and other standards established pursuant to this Act. 404. Beneficiary Ombudsman (a) In general The Secretary shall appoint a Beneficiary Ombudsman who shall have expertise and experience in the fields of health care and education of, and assistance to, individuals entitled to benefits under this Act. (b) Duties The Beneficiary Ombudsman shall— (1) receive complaints, grievances, and requests for information submitted by individuals entitled to benefits under this Act with respect to any aspect of the Medicare for All Program; (2) provide assistance with respect to complaints, grievances, and requests referred to in subparagraph (a), including— (A) assistance in collecting relevant information for such individuals, to seek an appeal of a decision or determination made by a regional office or the Secretary; and (B) assistance to such individuals in presenting information relating to cost-sharing; and (3) submit annual reports to Congress and the Secretary that describe the activities of the Office and that include such recommendations for improvement in the administration of this Act as the Ombudsman determines appropriate. The Ombudsman shall not serve as an advocate for any increases in payments or new coverage of services, but may identify issues and problems in payment or coverage policies. 405. Conduct of related health programs In performing functions with respect to health personnel education and training, health research, environmental health, disability insurance, vocational rehabilitation, the regulation of food and drugs, and all other matters pertaining to health, the Secretary shall direct the activities of the Department of Health and Human Services toward contributions to the health of the people complementary to this Act. B Control Over Fraud and Abuse 411. Application of Federal sanctions to all fraud and abuse under Medicare for All Program The following sections of the Social Security Act shall apply to this Act in the same manner as they apply to State medical assistance plans under title XIX of such Act: (1) Section 1128 (relating to exclusion of individuals and entities). (2) Section 1128A (civil monetary penalties). (3) Section 1128B (criminal penalties). (4) Section 1124 (relating to disclosure of ownership and related information). (5) Section 1126 (relating to disclosure of certain owners). (6) Section 1877 (relating to physician referrals). V Quality of Care 501. Quality standards (a) In general All standards and quality measures under this Act shall be implemented and evaluated by the Center for Clinical Standards and Quality of the Centers for Medicare and Medicaid Services (referred to in this title as the Center ) or such other agencies determined appropriate by the Secretary, in coordination with the Agency for Healthcare Research and Quality and other offices of the Department of Health and Human Services. (b) Duties of the center The Center shall perform the following duties: (1) Review and evaluate each practice guideline developed under part B of title IX of the Public Health Service Act ( 42 U.S.C. 299b et seq. ). In so reviewing and evaluating, the Center shall determine whether the guideline should be recognized as a national practice guideline in accordance with and subject to section 203(c). (2) Review and evaluate each standard of quality, performance measure, and medical review criterion developed under part B of title IX of the Public Health Service Act ( 42 U.S.C. 299b et seq. ). In so reviewing and evaluating, the Center shall determine whether the standard, measure, or criterion is appropriate for use in assessing or reviewing the quality of items and services provided by health care institutions or health care professionals. The use of mechanisms that discriminate against people with disabilities is prohibited for use in any value or cost-effectiveness assessments. The Center shall consider the evidentiary basis for the standard, and the validity, reliability, and feasibility of measuring the standard. (3) Adoption of methodologies for profiling the patterns of practice of health care professionals and for identifying and notifying outliers. (4) Development of minimum criteria for competence for entities that can qualify to conduct ongoing and continuous external quality reviews in the administrative regions. Such criteria shall require such an entity to be administratively independent of the individual or board that administers the region and shall ensure that such entities do not provide financial incentives to reviewers to favor one pattern of practice over another. The Center shall ensure coordination and reporting by such entities to ensure national consistency in quality standards. (5) Submission of a report to the Secretary annually specifically on findings from outcomes research and development of practice guidelines that may affect the Secretary’s determination of coverage of services under section 401(a)(1)(G). 502. Addressing health care disparities (a) Evaluating data collection approaches The Center, in coordination with the Office of Health Equity established under section 615 and other agencies in the Department of Health and Human Services deemed relevant by the Secretary, shall evaluate approaches for the collection of data under this Act, to be performed in conjunction with existing quality reporting requirements and programs under this Act, that allow for the ongoing, accurate, and timely collection of data on disparities in health care services and performance on the basis of race, ethnicity, gender, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status. In conducting such evaluation, the Center shall consider the following objectives: (1) Protecting patient privacy. (2) Minimizing the administrative burdens of data collection and reporting on providers under this Act. (3) Improving data on race, ethnicity, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, and socioeconomic status. (b) Reports to Congress (1) Report on evaluation Not later than 18 months after the date on which benefits are first available under section 106(a), the Center shall submit to Congress and the Secretary a report on the evaluation conducted under subsection (a). Such report shall, taking into consideration the results of such evaluation— (A) identify approaches (including defining methodologies) for identifying and collecting and evaluating data on health care disparities on the basis of race, ethnicity, gender national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status under the Medicare for All Program; and (B) include recommendations on the most effective strategies and approaches to reporting quality measures, as appropriate, on the basis of race, ethnicity, gender national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status. (2) Report on data analyses Not later than 4 years after the submission of the report under subsection (b)(1), and every 4 years thereafter, the Center shall submit to Congress and the Secretary a report that includes recommendations for improving the identification of health care disparities based on the analyses of data collected under subsection (c). (c) Implementing effective approaches Not later than 2 years after the date on which benefits are first available under section 106(a), the Secretary shall implement the approaches identified in the report submitted under subsection (b)(1) for the ongoing, accurate, and timely collection and evaluation of data on health care disparities on the basis of race, ethnicity, gender national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status. VI National Health Budget; Provider Payments; Cost Containment Measures A Budgeting 601. National health budget (a) National health budget (1) In general By not later than September 1 of each year, beginning with the year prior to the date on which benefits are first available under section 106(a), the Secretary shall establish a national health budget, which specifies a budget for the total expenditures to be made for covered health care items and services under this Act. (2) Division of budget into components The national health budget shall consist of at least the following components: (A) An operating budget. (B) A capital expenditures budget. (C) A special projects budget. (D) Quality assessment activities under title V. (E) Health professional education expenditures. (F) Administrative costs, including costs related to the operation of regional offices. (G) A reserve fund. (H) Prevention and public health activities. (3) Allocation among components The Secretary shall allocate the funds received for purposes of carrying out this Act among the components described in paragraph (2) in a manner that ensures— (A) that the operating budget allows for every participating provider in the Medicare for All Program to meet the needs of their respective patient populations; (B) that the special projects budget is sufficient to meet the health care needs within areas described in paragraph (2)(C) through the construction, renovation, and staffing of health care facilities in a reasonable timeframe; (C) a fair allocation for quality assessment activities; and (D) that the health professional education expenditure component is sufficient to provide for the amount of health professional education expenditures sufficient to meet the need for covered health care services. (4) For regional allocation The Secretary shall annually provide each regional office with an allotment the Secretary determines appropriate for purposes of carrying out this Act in such region, including payments to providers in such region, capital expenditures in such region, special projects in such region, health professional education in such region, administrative expenses in such region, and prevention and public health activities in such region. (5) Operating budget The operating budget described in paragraph (2)(A) shall be used for— (A) payments to institutional providers pursuant to section 611; and (B) payments to individual providers pursuant to section 612. (6) Capital expenditures budget The capital expenditures budget described in paragraph (2)(B) shall be used for— (A) the construction or renovation of health care facilities, excluding congregate or segregated facilities for individuals with disabilities who receive long-term care services and support; and (B) major equipment purchases. (7) Special projects budget The special projects budget described in paragraph (2)(C) shall be used for the purposes of allocating funds for the construction of new facilities, major equipment purchases, and staffing in rural or medically underserved areas (as defined in section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) )), including areas designated as health professional shortage areas (as defined in section 332(a) of the Public Health Service Act ( 42 U.S.C. 254e(a) )), and to address health disparities, including racial, ethnic, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic health disparities. (8) Reserve fund The reserve fund described in paragraph (2)(G) shall be used to respond to the costs of an epidemic, pandemic, natural disaster, or other such health emergency, or market-shift adjustments related to patient volume. (b) Definitions In this section: (1) Capital expenditures The term capital expenditures means expenses for the purchase, lease, construction, or renovation of capital facilities and for major equipment. (2) Health professional education expenditures The term health professional education expenditures means expenditures in hospitals and other health care facilities to cover costs associated with teaching and related research activities, including the impact of workforce recruitment, retention, and diversity on patient outcomes. 602. Temporary worker assistance (a) In general For up to 5 years following the date on which benefits are first available under section 106(a), at least 1 percent of the national health budget shall be allocated to programs providing assistance to workers who perform functions in the administration of the health insurance system, or related functions within health care institutions or organizations, who may experience economic dislocation as a result of the implementation of this Act. (b) Clarification Assistance described in subparagraph (A) shall include wage replacement, retirement benefits, job training and placement, preferential hiring, and education benefits. B Payments to Providers 611. Payments to institutional providers based on global budgets (a) In general Not later than the beginning of each fiscal quarter during which an institutional provider of care (including hospitals, skilled nursing facilities, and independent dialysis facilities) is to furnish items and services under this Act, the Secretary shall pay to such institutional provider a lump sum in accordance with the succeeding provisions of this subsection and consistent with the following: (1) Payment in Full Such payment shall be considered as payment in full for all operating expenses for items and services furnished under this Act, whether inpatient or outpatient, by such provider for such quarter, including outpatient or any other care provided by the institutional provider or provided by any health care provider who provided items and services pursuant to an agreement paid through the global budget as described in paragraph (3). (2) Quarterly Review The regional director, on a quarterly basis, shall review whether requirements of the institutional provider’s participation agreement and negotiated global budget have been performed and shall determine whether adjustments to such institutional provider’s payment are warranted. This review shall include consideration for additional funding necessary for unanticipated items and services for individuals with complex medical needs or market-shift adjustments related to patient volume, and an assessment of any adjustments made to ensure that accuracy and need for adjustment was appropriate. (3) Agreements for Salaried Payments for Certain Providers Certain group practices and other health care providers, as determined by the Secretary, with agreements to provide items and services at a specified institutional provider paid a global budget under this subsection may elect to be paid through such institutional provider’s global budget in lieu of payment under section 612. Any— (A) individual health care professional of such group practice or other provider receiving payment through an institutional provider’s global budget shall be paid on a salaried basis that is equivalent to salaries or other compensation rates negotiated for individual health care professionals of such institutional provider; and (B) any group practice or other health care provider that receives payment through an institutional provider global budget under this paragraph shall be subject to the same reporting and disclosure requirements of the institutional provider. (4) Interim adjustments The regional director shall consider a petition for adjustment of any payment under this section filed by an institutional provider at any time based on the following: (A) Factors that led to increased costs for the institutional provider that can reasonably be considered to be unanticipated and out of the control of the institutional provider, such as— (i) natural disasters; (ii) public health emergencies including outbreaks of epidemics or infectious diseases; (iii) unexpected facility or equipment repairs or purchases; (iv) significant and unexpected increases in pharmaceutical or medical device prices; and (v) unanticipated increases in complex or high-cost patients or care needs. (B) Changes in Federal or State law that result in a change in costs. (C) Reasonable increases in labor costs, including salaries and benefits, and changes in collective bargaining agreements, prevailing wage, or local law. (b) Payment amount (1) In general The amount of each payment to a provider described in subsection (a) shall be determined before the start of each calendar year through negotiations between the provider and the regional director with jurisdiction over such provider. Such amount shall be based on factors specified in paragraph (2). (2) Payment factors Payments negotiated pursuant to paragraph (1) shall take into account, with respect to a provider— (A) the historical volume of services provided for each item and services in the previous 3-year period; (B) the actual expenditures of such provider in such provider’s most recent cost report under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) for each item and service compared to— (i) such expenditures for other institutional providers in the director’s jurisdiction; and (ii) normative payment rates established under comparative payment rate systems, including any adjustments, for such items and services; (C) projected changes in the volume and type of items and services to be furnished; (D) wages for employees, including any necessary increases to ensure mandatory minimum safe registered nurse-to-patient ratios and optimal staffing levels for physicians and other health care workers; (E) the provider’s maximum capacity to provide items and services; (F) education and prevention programs; (G) permissible adjustment to the provider’s operating budget due to factors such as— (i) an increase in primary or specialty care access; (ii) efforts to decrease health care disparities in rural or medically underserved areas; (iii) a response to emergent epidemic conditions; (iv) an increase in complex or high-cost patients or care needs; or (v) proposed new and innovative patient care programs at the institutional level; (H) whether the provider is located in a high social vulnerability index community, ZIP Code, or census track, or is a minority-serving provider; and (I) any other factor determined appropriate by the Secretary. (3) Limitation Payment amounts negotiated pursuant to paragraph (1) may not— (A) take into account capital expenditures of the provider or any other expenditure not directly associated with the provision of items and services by the provider to an individual; (B) be used by a provider for capital expenditures or such other expenditures; (C) exceed the provider’s capacity to provide care under this Act; or (D) be used to pay or otherwise compensate any board member, executive, or administrator of the institutional provider who has any interest or relationship prohibited under section 301(b)(2) or disclosed under section 301. (4) Limitation on Compensation Compensation costs for any employee or any contractor or any subcontractor employee of an institutional provider receiving global budgets under this section shall meet the compensation cap established in section 702 of the Bipartisan Budget Act of 2013 ( 41 U.S.C. 4304(a)(16) ) and implementing regulations. (5) Regional negotiations permitted Subject to section 614, a regional director may negotiate changes to an institutional provider’s global budget, including any adjustments to address unforeseen market shifts related to patient volume. (c) Baseline rates and adjustments (1) In general The Secretary shall use existing prospective payment systems under title XVIII of the Social Security Act to serve as the comparative payment rate system in global budget negotiations described in subsection (b). The Secretary shall update such comparative payment rate systems annually. (2) Specifications In developing the comparative payment rate system, the Secretary shall use only the operating base payment rates under each such prospective payment systems with applicable adjustments. (3) Limitation The comparative rate system established under this subsection shall not include the value-based payment adjustments and the capital expenses base payment rates that may be included in such a prospective payment system. (4) Initial year In the first year that global budget payments under this Act are available to institutional providers and for purposes of selecting a comparative payment rate system used during initial global budget negotiations for each institutional provider, the Secretary shall take into account the appropriate prospective payment system from the most recent year under title XVIII of the Social Security Act to determine what operating base payment the institutional provider would have been paid for covered items and services furnished the preceding year with applicable adjustments, including adjustments due to any public health emergencies in the preceding year, and excluding value-based payment adjustments, based on such prospective payment system. (d) Operating expenses For purposes of this title, operating expenses of a provider include the following: (1) The cost of all items and services associated with the provision of inpatient care and outpatient care, including the following: (A) Wages and salary costs for physicians, nurses, and other health care practitioners employed by an institutional provider, including mandatory minimum safe registered nurse-to-patient staffing ratios and optimal staffing levels for physicians and other healthcare workers. (B) Wages and salary costs for all ancillary staff and services. (C) Costs of all pharmaceutical products administered by health care clinicians at the institutional provider’s facilities or through services provided in accordance with State licensing laws or regulations under which the institutional provider operates. (D) Costs for infectious disease response preparedness, including maintenance of a 1-year or 365-day stockpile of personal protective equipment, occupational testing and surveillance, medical services for occupational infectious disease exposure, and contact tracing. (E) Purchasing and maintenance of medical devices, supplies, and other health care technologies, including diagnostic testing equipment. (F) Costs of all incidental services necessary for safe patient care and handling. (G) Costs of patient care, education, and prevention programs, including occupational health and safety programs, public health programs, and necessary staff to implement such programs, for the continued education and health and safety of clinicians and other individuals employed by the institutional provider. (2) Administrative costs for the institutional provider. 612. Payments to individual providers through fee-for-service (a) Medicare for all fee schedule (1) Establishment Not later than 1 year after the date of the enactment of this Act, and in consultation with providers and regional office directors, the Secretary shall establish and annually update a national fee schedule that establishes amounts for items and services payable under this Act, furnished by— (A) individual providers; (B) providers in group practices who are not receiving payments on a salaried basis described in section 611(a)(3); (C) providers of home- and community-based services; and (D) any other provider not described in section 611. (2) Amounts In establishing the fee schedule under paragraph (1), the Secretary shall take into account— (A) the amounts payable for such items and services under title XVIII of the Social Security Act and other Federal health programs; and (B) the expertise of providers and the value of items and services furnished by such providers. (b) Leveraging existing medicare payment processes (1) Application of payment processes under title XVIII Except as otherwise provided in this section, the Secretary shall establish, and shall annually update by regulation, the fee schedule under subsection (a) in a manner that is documented, is transparent, allows for public comment, and, to the greatest extent practicable, is consistent with processes for determining, revising, and making payments for items and services under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), including the application of the provisions of, and amendments made by, section 613. (2) Electronic billing The Secretary shall establish a uniform national system for electronic billing for purposes of making payments under this section. (c) Application of current and planned payment reforms To the extent the Secretary determines such application is necessary to ensure a smooth and fair transition, the Secretary may apply payment reform activities planned or implemented with respect to such title XVIII as of the date of the enactment of this Act, including demonstrations, waivers, or any other provider payment agreements, to benefits under this Act, provided that the Secretary sets forth a process for reviewing such applications and making such determinations that is reasonable, transparent, and documented, and allows for public comment. (d) Physician practice review board Each director of a regional office, in consultation with representatives of physicians practicing in that region, shall establish and appoint a physician practice review board to assure quality, cost effectiveness, and fair reimbursements for physician-delivered items and services. The use of mechanisms that discriminate against people with disabilities is prohibited for use in any value or cost-effectiveness assessments. 613. Accurate valuation of services under the Medicare physician fee schedule (a) Standardized and documented review process Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ) is amended by adding at the end the following new subparagraph: (P) Standardized and documented review process (i) In general Not later than one year after the date of enactment of this subparagraph, the Secretary shall establish, document, and make publicly available, in consultation with the Office of Primary Health Care, a standardized process for reviewing the relative values of physicians’ services under this paragraph. (ii) Minimum requirements The standardized process shall include, at a minimum, methods and criteria for identifying services for review, prioritizing the review of services, reviewing stakeholder recommendations, and identifying additional resources to be considered during the review process. . (b) Planned and documented use of funds Section 1848(c)(2)(M) of the Social Security Act ( 42 U.S.C. 1305w–4(c)(2)(M) ) is amended by adding at the end the following new clause: (x) Planned and documented use of funds For each fiscal year (beginning with the first fiscal year beginning on or after the date of enactment of this clause), the Secretary shall provide to Congress a written plan for using the funds provided under clause (ix) to collect and use information on physicians’ services in the determination of relative values under this subparagraph. . (c) Internal tracking of reviews (1) In general Not later than one year after the date of enactment of this Act, the Secretary shall submit to Congress a proposed plan for systematically and internally tracking the Secretary's review of the relative values of physicians' services, such as by establishing an internal database, under section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ), as amended by this section. (2) Minimum requirements The proposal shall include, at a minimum, plans and a timeline for achieving the ability to systematically and internally track the following: (A) When, how, and by whom services are identified for review. (B) When services are reviewed or when new services are added. (C) The resources, evidence, data, and recommendations used in reviews. (D) When relative values are adjusted. (E) The rationale for final relative value decisions. (d) Frequency of review Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ) is amended— (1) in subparagraph (B)(i), by striking 5 and inserting 4 ; and (2) in subparagraph (K)(i)(I), by striking periodically and inserting annually . (e) Consultation with Medicare Payment Advisory Commission (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ) is amended— (A) in subparagraph (B)(i), by inserting in consultation with the Medicare Payment Advisory Commission, after The Secretary, ; and (B) in subparagraph (K)(i)(I), as amended by subsection (d)(2), by inserting , in coordination with the Medicare Payment Advisory Commission, after annually . (2) Conforming amendments Section 1805 of the Social Security Act ( 42 U.S.C. 1395b–6 ) is amended— (A) in subsection (b)(1)(A), by inserting the following before the semicolon at the end: and including coordinating with the Secretary in accordance with section 1848(c)(2) to systematically review the relative values established for physicians' services, identify potentially misvalued services, and propose adjustments to the relative values for physicians' services ; and (B) in subsection (e)(1), in the second sentence, by inserting or the Ranking Minority Member after the Chairman . (f) Periodic audit by the Comptroller General Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ), as amended by subsection (a), is amended by adding at the end the following new subparagraph: (Q) Periodic audit by the Comptroller General (i) In general The Comptroller General of the United States (in this subparagraph referred to as the Comptroller General ) shall periodically audit the review by the Secretary of relative values established under this paragraph for physicians' services. (ii) Access to information The Comptroller General shall have unrestricted access to all deliberations, records, and data related to the activities carried out under this paragraph, in a timely manner, upon request. . 614. Payments for prescription drugs and approved devices and equipment (a) Negotiated prices The prices to be paid for covered pharmaceutical products, medical supplies, and medically necessary assistive equipment shall be negotiated annually by the Secretary. (b) Prescription drug formulary (1) In general The Secretary shall establish a prescription drug formulary system, pursuant to the requirements of section 202, which shall encourage best-practices in prescribing and discourage the use of ineffective, dangerous, or excessively costly medications when better alternatives are available. (2) Promotion of use of generics The formulary under this subsection shall promote the use of generic medications to the greatest extent possible. (3) Formulary updates and petition rights The formulary under this subsection shall be updated frequently and clinicians and patients may petition the Secretary to add new pharmaceuticals or to remove ineffective or dangerous medications from the formulary. (4) Use of off-formulary medications The Secretary shall promulgate rules regarding the use of off-formulary medications which allow for patient access but do not compromise the formulary. 615. Payment prohibitions; capital expenditures; special projects (a) Prohibitions Payments to providers under this Act may not take into account, include any process for the provision of funding for, or be used by a provider for— (1) marketing of the provider; (2) the profit or net revenue of the provider, or increasing the profit or net revenue of the provider; (3) any agreement or arrangement described in section 203(a)(4) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(a)(4) ); or (4) political or other contributions prohibited under section 317 of the Federal Elections Campaign Act of 1971 ( 52 U.S.C. 30119(a)(1) ). (b) Payments for capital expenditures (1) In general The Secretary shall pay, from amounts made available for capital expenditures pursuant to section 601(a)(2)(B), such sums determined appropriate by the Secretary to providers who have submitted an application to the regional director of the region or regions in which the provider operates or seeks to operate in a time and manner specified by the Secretary for purposes of funding capital expenditures of such providers. (2) Priority The Secretary shall prioritize allocation of funding under paragraph (1) to projects that propose to use such funds to improve service in a medically underserved area (as defined in section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) )) or to address health disparities, including racial, ethnic, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic health disparities. (3) Limitation The Secretary shall not grant funding for capital expenditures under this subsection for capital projects that are financed directly or indirectly through the diversion of private or other non-Medicare for All Program funding that results in reductions in care to patients, including reductions in registered nursing staffing patterns and changes in emergency room or primary care services or availability. (4) Capital assets not funded by the Medicare for All Program Operating expenses and funds shall not be used by an institutional provider receiving payment for capital expenditures under this subsection for a capital asset that was not funded by the Medicare for All Program without the approval of the regional director or directors of the region or regions where the capital asset is located. (c) Prohibition against co-Mingling operating and capital funds Providers that receive payment under this title shall be prohibited from using, with respect to funds made available under this Act— (1) funds designated for operating expenditures for capital expenditures or for profit; or (2) funds designated for capital expenditures for operating expenditures. (d) Payments for special projects (1) In general The Secretary shall allocate to each regional director, from amounts made available for special projects pursuant to section 601(a)(2)(C), such sums determined appropriate by the Secretary for purposes of funding projects described in such section, including the construction, renovation, or staffing of health care facilities in rural, underserved, or health professional or medical shortage areas within such region and to address health disparities, including racial, ethnic, national origin, primary language use, age, disability, sex, including gender identity and sexual orientation, geography, or socioeconomic health disparities. Each regional director shall, prior to distributing such funds in accordance with paragraph (2), present a budget describing how such funds will be distributed to the Secretary. (2) Distribution A regional director shall distribute funds to providers operating in the region of such director’s jurisdiction in a manner determined appropriate by the director. (e) Prohibition on financial incentive metrics in payment determinations The Secretary may not utilize any quality metrics or standards for the purposes of establishing provider payment methodologies, programs, modifiers, or adjustments for provider payments under this title. 616. Office of Health Equity Title XVII of the Public Health Service Act ( 42 U.S.C. 300u et seq. ) is amended by adding at the end the following: 1712. Office of Health Equity (a) In general There is established, in the Office of the Secretary of Health and Human Services, an Office of Health Equity, to be headed by a Director, to ensure coordination and collaboration across the programs and activities of the Department of Health and Human Services with respect to ensuring health equity. (b) Monitoring, tracking, and availability of data (1) In general In carrying out subsection (a), the Director of the Office of Health Equity shall monitor, track, and make publicly available data on— (A) the disproportionate burden of disease and death among people of color, disaggregated by race, major ethnic group, Tribal affiliation, national origin, primary language use, English proficiency status, immigration status, length of stay in the United States, age, disability, sex (including gender identity and sexual orientation), incarceration, homelessness, geography, and socioeconomic status; (B) barriers to health, including such barriers relating to income, education, housing, food insecurity (including availability, access, utilization, and stability), employment status, working conditions, and conditions related to the physical environment (including pollutants and population density); (C) barriers to health care access, including— (i) lack of trust and awareness; (ii) lack of transportation; (iii) geography; (iv) hospital and service closures; (v) lack of health care infrastructure and facilities; and (vi) lack of health care professional staffing and recruitment; (D) disparities in quality of care received, including discrimination in health care settings and the use of racially biased practice guidelines and algorithms; and (E) disparities in utilization of care. (2) Analysis of cross-sectional information The Director of the Office of Health Equity shall ensure that the data collection and reporting process under paragraph (1) allows for the analysis of cross-sectional information on people’s identities. (c) Policies In carrying out subsection (a), the Director of the Office of Health Equity shall develop, coordinate, and promote policies that enhance health equity, including by— (1) providing recommendations on— (A) cultural competence, implicit bias, and ethics training with respect to health care workers; (B) increasing diversity in the health care workforce; and (C) ensuring sufficient health care professionals and facilities; and (2) ensuring adequate public health funding at the local and State levels to address health disparities. (d) Consultation In carrying out subsection (a), the Director of the Office of Health Equity, in coordination with the Director of the Indian Health Service, shall consult with Indian Tribes and with Urban Indian organizations on data collection, reporting, and implementation of policies. (e) Annual report In carrying out subsection (a), the Director of the Office of Health Equity shall develop and publish an annual report on— (1) statistics collected by the Office; (2) proposed evidence-based solutions to mitigate health inequities; and (3) health care professional staffing levels and access to facilities. (f) Centralized electronic repository In carrying out subsection (a), the Director of the Office of Health Equity shall— (1) establish and maintain a centralized electronic repository to incorporate data collected across Federal departments and agencies on race, ethnicity, Tribal affiliation, national origin, primary language use, English proficiency status, immigration status, length of stay in the United States, age, disability, sex (including gender identity and sexual orientation), incarceration, homelessness, geography, and socioeconomic status; and (2) make such data available for public use and analysis. (g) Privacy Notwithstanding any other Federal or State law, no Federal or State official or employee or other entity shall disclose, or use, for any law enforcement or immigration purpose, any personally identifiable information (including with respect to an individual’s religious beliefs, practices, or affiliation, national origin, ethnicity, or immigration status) that is collected or maintained pursuant to this section. . 617. Office of Primary Health Care Title XVII of the Public Health Service Act ( 42 U.S.C. 300u et seq. ), as amended by section 616, is further amended by adding at the end the following: 1713. Office of Primary Health Care (a) In general There is established, in the Office of Health Equity established under section 1712, an Office of Primary Health Care, to be headed by a Director, to ensure coordination and collaboration across the programs and activities of the Department of Health and Human Services with respect to increasing access to high-quality primary health care, particularly in underserved areas and for underserved populations. (b) National Goals Not later than 1 year after the date of enactment of this section, the Director of the Office of Primary Health Care shall publish national goals— (1) to increase access to high-quality primary health care, particularly in underserved areas and for underserved populations; and (2) to address health disparities, including with respect to race, ethnicity, national origin (disaggregated by major ethnic group and Tribal affiliation), primary language use, English proficiency status, immigration status, length of stay in the United States, age, disability, sex (including gender identity and sexual orientation), incarceration, homelessness, geography, and socioeconomic status. (c) Other responsibilities In carrying out subsections (a) and (b), the Director of the Office of Primary Health Care shall— (1) coordinate, in consultation with the Secretary, health professional education policies and goals to achieve the national goals published pursuant to subsection (b); (2) develop and maintain a system to monitor the number and specialties of individuals pursuing careers in, or practicing, primary health care through their health professional education, any postgraduate training, and professional practice; (3) develop, coordinate, and promote policies that expand the number of primary health care practitioners including primary medical, dental, and behavioral health care providers, registered nurses, and other mid-level practitioners; (4) recommend appropriate workforce training, technical assistance, and patient protection enhancements for primary health care practitioners, including registered nurses, to achieve uniform high quality and patient safety; (5) provide recommendations on targeted programs and resources for federally qualified health centers, community health centers, rural health centers, behavioral health clinics, and other community-based organizations; (6) provide recommendations for broader patient referral to additional resources, not limited to health care, and collaboration with other organizations and sectors that influence health outcomes; and (7) consult with the Secretary on the allocation of the special projects budget under section 601(a)(2)(C) of the Medicare for All Act of 2022 . (d) Rule of construction Nothing in this section shall be construed— (1) to preempt any provision of State law establishing practice standards or guidelines for health care professionals, including professional licensing or practice laws or regulations; or (2) to require that any State impose additional educational standards or guidelines for health care professionals. . VII Universal Medicare Trust Fund 701. Universal Medicare Trust Fund (a) In general There is hereby created on the books of the Treasury of the United States a trust fund to be known as the Universal Medicare Trust Fund (in this section referred to as the Trust Fund ). The Trust Fund shall consist of such gifts and bequests as may be made and such amounts as may be deposited in, or appropriated to, such Trust Fund as provided in this Act. (b) Appropriations into trust fund (1) Taxes There are appropriated to the Trust Fund for each fiscal year beginning with the fiscal year which includes the date on which benefits are first available under section 106(a), out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of the net increase in revenues to the Treasury which is attributable to the amendments made by sections 801 and 902. The amounts appropriated by the preceding sentence shall be transferred from time to time (but not less frequently than monthly) from the general fund in the Treasury to the Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes paid to or deposited into the Treasury, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the amounts that should have been so transferred. (2) Current program receipts (A) Initial year Notwithstanding any other provision of law, there is hereby appropriated to the Trust Fund for the first fiscal year beginning at least one year after the date of the enactment of this Act, an amount equal to the aggregate amount appropriated for the preceding fiscal year for the following (increased by the consumer price index for all urban consumers for the fiscal year involved): (i) The Medicare program under title XVIII of the Social Security Act (other than amounts attributable to any premiums under such title). (ii) The Medicaid program under State plans approved under title XIX of such Act. (iii) The Federal Employees Health Benefits program, under chapter 89 of title 5, United States Code. (iv) The maternal and child health program (under title V of the Social Security Act), vocational rehabilitation programs, programs for drug abuse and mental health services under the Public Health Service Act, programs providing general hospital or medical assistance, and any other Federal program identified by the Secretary, in consultation with the Secretary of the Treasury, to the extent the programs provide for payment for health services the payment of which may be made under this Act. (B) Subsequent years Notwithstanding any other provision of law, there is appropriated to the Trust Fund for each fiscal year following the fiscal year in which the appropriation is made under subparagraph (A), an amount equal to the amount appropriated to the Trust Fund for the previous year, adjusted for reductions in costs resulting from the implementation of this Act, changes in the consumer price index for all urban consumers for the fiscal year involved, and other factors determined appropriate by the Secretary. (3) Restrictions shall not apply Any other provision of law in effect on the date of enactment of this Act restricting the use of Federal funds for any reproductive health service shall not apply to monies in the Trust Fund. (c) Incorporation of provisions The provisions of subsections (b) through (i) of section 1817 of the Social Security Act ( 42 U.S.C. 1395i ) shall apply to the Trust Fund under this section in the same manner as such provisions applied to the Federal Hospital Insurance Trust Fund under such section 1817, except that, for purposes of applying such subsections to this section, the Board of Trustees of the Trust Fund shall mean the Secretary . (d) Transfer of funds Any amounts remaining in the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i ) or the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ) after the payment of claims for items and services furnished under title XVIII of such Act have been completed, shall be transferred into the Universal Medicare Trust Fund under this section. VIII Conforming Amendments to the Employee Retirement Income Security Act of 1974 801. Prohibition of employee benefits duplicative of benefits under the Medicare for All Program; coordination in case of workers’ compensation (a) In general Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1131 et seq. ) is amended by adding at the end the following new section: 523. Prohibition of employee benefits duplicative of Medicare for All Program benefits; coordination in case of workers’ compensation (a) In general Subject to subsection (b), no employee benefit plan may provide benefits that duplicate payment for any items or services for which payment may be made under the Medicare for All Act of 2022 . (b) Reimbursement Each workers compensation carrier that is liable for payment for workers compensation services furnished in a State shall reimburse the Medicare for All Program for the cost of such services. (c) Definitions In this subsection— (1) the term workers compensation carrier means an insurance company that underwrite workers compensation medical benefits with respect to one or more employers and includes an employer or fund that is financially at risk for the provision of workers compensation medical benefits; (2) the term workers compensation medical benefits means, with respect to an enrollee who is an employee subject to the workers compensation laws of a State, the comprehensive medical benefits for work-related injuries and illnesses provided for under such laws with respect to such an employee; and (3) the term workers compensation services means items and services included in workers compensation medical benefits and includes items and services (including rehabilitation services and long-term care services) commonly used for treatment of work-related injuries and illnesses. . (b) Conforming amendment Section 4(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1003(b) ) is amended by adding at the end the following: Paragraph (3) shall apply subject to section 523(b) (relating to reimbursement of the Medicare for All Program by workers compensation carriers). . (c) Clerical amendment The table of contents in section 1 of such Act is amended by inserting after the item relating to section 522 the following new item: Sec. 523. Prohibition of employee benefits duplicative of Medicare for All Program benefits; coordination in case of workers’ compensation. . 802. Repeal of continuation coverage requirements under ERISA and certain other requirements relating to group health plans (a) In general Part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) is repealed. (b) Conforming amendments (1) Section 502(a) of such Act ( 29 U.S.C. 1132(a) ) is amended— (A) by striking paragraph (7); and (B) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively. (2) Section 502(c)(1) of such Act ( 29 U.S.C. 1132(c)(1) ) is amended by striking paragraph (1) or (4) of section 606, . (3) Section 514(b) of such Act ( 29 U.S.C. 1144(b) ) is amended— (A) in paragraph (7), by striking section 206(d)(3)(B)(i)), ; and (B) by striking paragraph (8). (4) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by striking the items relating to part 6 of subtitle B of title I of such Act. 803. Effective date of title The provisions of and amendments made by this title shall take effect on the date on which benefits are first available under section 106(a). IX Additional Conforming Amendments 901. Relationship to existing Federal health programs (a) Medicare, Medicaid, and State Children’s Health Insurance Program (SCHIP) (1) In general Notwithstanding any other provision of law, subject to paragraphs (2) and (3)— (A) no benefits shall be available under title XVIII of the Social Security Act for any item or service furnished beginning on or after the date on which benefits are first available under section 106(a); (B) no individual is entitled to medical assistance under a State plan approved under title XIX of such Act for any item or service furnished on or after such date; (C) no individual is entitled to medical assistance under a State child health plan under title XXI of such Act for any item or service furnished on or after such date; and (D) no payment shall be made to a State under section 1903(a) or 2105(a) of such Act with respect to medical assistance or child health assistance for any item or service furnished on or after such date. (2) Transition In the case of inpatient hospital services and extended care services during a continuous period of stay which began before the date on which benefits are first available under section 106(a), and which had not ended as of such date, for which benefits are provided under title XVIII of the Social Security Act, under a State plan under title XIX of such Act, or under a State child health plan under title XXI of such Act, the Secretary shall provide for continuation of benefits under such title or plan until the end of the period of stay. (3) Continued coverage of long-term care and other certain services under Medicaid (A) In general This subsection shall not apply to entitlement to medical assistance provided under title XIX of the Social Security Act for— (i) institutional long-term care services (as defined in section 1948(b) of such Act); or (ii) any other service for which benefits are not available under this Act and which is furnished under a State plan under title XIX of the Social Security Act which provided for medical assistance for such service on January 1, 2022. (B) Coordination between Secretary and States The Secretary shall coordinate with the directors of State agencies responsible for administering State plans under title XIX of the Social Security Act to— (i) identify services described in subparagraph (A)(ii) with respect to each State plan; and (ii) ensure that such services continue to be made available under such plan. (C) State maintenance of effort requirement With respect to any service described in subparagraph (A)(ii) that is made available under a State plan under title XIX of the Social Security Act, the maintenance of effort requirements described in section 1948(c) of such Act (related to eligibility standards and required expenditures) shall apply to such service in the same manner that such requirements apply to institutional long-term care services (as defined in section 1948(b) of such Act). (b) Federal employees health benefits program No benefits shall be made available under chapter 89 of title 5, United States Code with respect to items and services furnished to any individual eligible to enroll under this Act. (c) Treatment of benefits for veterans and native americans (1) In general Nothing in this Act shall affect the eligibility of veterans for the medical benefits and services provided under title 38, United States Code, the eligibility of individuals for TRICARE medical benefits and services provided under sections 1079 and 1086 of title 10, United States Code, or of Indians for the medical benefits and services provided by or through the Indian Health Service. (2) Reevaluation No reevaluation of the Indian Health Service shall be undertaken without consultation with Tribal leaders and stakeholders. 902. Sunset of provisions related to the State Exchanges Effective on the date on which benefits are first available under section 106(a), the Federal and State Exchanges established pursuant to title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) shall terminate, and any other provision of law that relies upon participation in or enrollment through such an Exchange, including such provisions of the Internal Revenue Code of 1986, shall cease to have force or effect. X Transition to Medicare for All A Improvements to Medicare 1001. Protecting Medicare fee-for-service beneficiaries from high out-of-pocket costs (a) Protection against high out-of-Pocket expenditures Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) is amended by adding at the end the following new section: 1899C. Protection Against High Out-of-Pocket Expenditures (a) In general Notwithstanding any other provision of this title, in the case of an individual entitled to, or enrolled for, benefits under part A or enrolled in part B, if the amount of the out-of-pocket cost-sharing of such individual for a year (effective the year beginning January 1 of the year following the date of enactment of the Medicare for All Act of 2022 ) equals or exceeds $1,500, the individual shall not be responsible for additional out-of-pocket cost-sharing that occurred during that year. (b) Out-of-Pocket cost-Sharing defined (1) In general Subject to paragraphs (2) and (3), in this section, the term out-of-pocket cost-sharing means, with respect to an individual, the amount of the expenses incurred by the individual that are attributable to— (A) coinsurance and copayments applicable under part A or B; or (B) for items and services that would have otherwise been covered under part A or B but for the exhaustion of those benefits. (2) Certain costs not included (A) Non-covered items and services Expenses incurred for items and services which are not included (or treated as being included) under part A or B shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (B) Items and services not furnished on an assignment-related basis If an item or service is furnished to an individual under this title and is not furnished on an assignment-related basis, any additional expenses the individual incurs above the amount the individual would have incurred if the item or service was furnished on an assignment-related basis shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (3) Source of payment For purposes of paragraph (1), the Secretary shall consider expenses to be incurred by the individual without regard to whether the individual or another person, including a State program or other third-party coverage, has paid for such expenses. . (b) Elimination of parts A and B deductibles (1) Part A Section 1813(b) of the Social Security Act ( 42 U.S.C. 1395e(b) ) is amended by adding at the end the following new paragraph: (4) For each year (beginning January 1 of the year following the date of enactment of the Medicare for All Act of 2022 ), the inpatient hospital deductible for the year shall be $0. . (2) Part B Section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) ) is amended, in the first sentence— (A) by striking and for a subsequent year and inserting for each of 2006 through the year that includes the date of enactment of the Medicare for All Act of 2022 ; and (B) by inserting , and $0 for each year subsequent year after $1) . 1002. Reducing Medicare part D annual out-of-pocket threshold and eliminating cost-sharing above that threshold (a) Reduction Section 1860D–2(b)(4)(B) of the Social Security Act ( 42 U.S.C. 1395w–102(b)(4)(B) ) is amended— (1) in clause (i), by striking For purposes and inserting Subject to clause (iii), for purposes ; and (2) by adding at the end the following new clause: (iii) Reduction in threshold during transition period (I) In general Subject to subclause (II), for plan years beginning on or after January 1 following the date of enactment of the Medicare for All Act of 2022 and before January 1 of the year that is 4 years following such date of enactment, notwithstanding clauses (i) and (ii), the annual out-of-pocket threshold specified in this subparagraph is equal to $305. (II) Authority to exempt brand-name drugs if generic available In applying subclause (I), the Secretary may exempt costs incurred for a covered part D drug that is an applicable drug under section 1860D–14A(g)(2) if the Secretary determines that a generic version of that drug is available. . (b) Elimination of cost-Sharing Section 1860D–2(b)(4)(A) of the Social Security Act ( 42 U.S.C. 1395w–102(b)(4)(A) ) is amended— (1) in clause (i)— (A) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by striking subparagraph (B), with cost-sharing and inserting the following: “subparagraph (B)— (I) for plan years 2006 through the plan year ending December 31 following the date of enactment of the Medicare for All Act of 2022 , with cost-sharing ; (C) in item (bb), as redesignated by subparagraph (A), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subclause: (II) for the plan year beginning January 1 following the date of enactment of the Medicare for All Act of 2022 and the two subsequent plan years, without any cost-sharing. ; and (2) in clause (ii)— (A) by striking clause (i)(I) and inserting clause (i)(I)(aa) ; and (B) by adding at the end the following new sentence: The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after plan year 2018 for purposes of 1860D–14(a)(1)(D)(iii). . (c) Conforming amendments to low-Income subsidy Section 1860D–14(a) of the Social Security Act ( 42 U.S.C. 1395w–114(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (D)(iii), by striking 1860D–2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa) ; and (B) in subparagraph (E)— (i) in the heading, by inserting prior to the elimination of such cost-sharing for all individuals after threshold ; and (ii) by striking The elimination and inserting For plan years 2006 through the plan year ending December 31 following the date of enactment of the Medicare for All Act of 2022 , the elimination ; and (2) in paragraph (2)(E)— (A) in the heading, by inserting prior to the elimination of such cost-sharing for all individuals after threshold ; (B) by striking Subject to and inserting For plan years 2006 through the plan year ending December 31 following the date of enactment of the Medicare for All Act of 2022 , subject to ; and (C) by striking 1860D–2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa) . 1003. Expanding Medicare to cover dental and vision services and hearing aids and examinations under part B (a) Dental services (1) Removal of exclusion from coverage Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) is amended by striking paragraph (12). (2) Coverage (A) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (i) in subparagraph (GG), by striking and at the end; (ii) in subparagraph (HH), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (II) dental services; . (B) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (i) by striking and before (DD) ; and (ii) by inserting before the semicolon at the end the following: and (EE) with respect to dental services described in section 1861(s)(2)(II), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b). . (C) Effective date The amendments made by this subsection shall apply to items and services furnished on or after January 1 following the date of the enactment of this Act. (b) Vision services (1) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ), as amended by subsection (a), is amended— (A) in subparagraph (HH), by striking and at the end; (B) in subparagraph (II), by inserting and at the end; and (C) by adding at the end the following new subparagraph: (JJ) vision services; . (2) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ), as amended by subsection (a), is amended— (A) by striking and before (EE) ; and (B) by inserting before the semicolon at the end the following: , and (FF) with respect to vision services described in section 1861(s)(2)(JJ), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b). . (3) Effective date The amendments made by this subsection shall apply to items and services furnished on or after January 1 following the date of the enactment of this Act. (c) Hearing aids and examinations therefor (1) In general Section 1862(a)(7) of the Social Security Act ( 42 U.S.C. 1395y(a)(7) ) is amended by striking hearing aids or examinations therefor, . (2) Effective date The amendment made by this subsection shall apply to items and services furnished on or after January 1 following the date of the enactment of this Act. 1004. Eliminating the 24-month waiting period for Medicare coverage for individuals with disabilities (a) In general Section 226(b) of the Social Security Act ( 42 U.S.C. 426(b) ) is amended— (1) in paragraph (2)(A), by striking , and has for 24 calendar months been entitled to, ; (2) in paragraph (2)(B), by striking , and has been for not less than 24 months, ; (3) in paragraph (2)(C)(ii), by striking , including the requirement that he has been entitled to the specified benefits for 24 months, ; (4) in the first sentence, by striking for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and and inserting for each month for which the individual meets the requirements of paragraph (2), beginning with the month following the month in which the individual meets the requirements of such paragraph, and ; and (5) in the second sentence, by striking the twenty-fifth month of his entitlement and all that follows through paragraph (2)(C) and . (b) Conforming amendments (1) Section 226 Section 226 of the Social Security Act ( 42 U.S.C. 426 ) is amended— (A) by striking subsections (e)(1)(B), (f), and (h); and (B) by redesignating subsections (g) and (i) as subsections (f) and (g), respectively. (2) Medicare description Section 1811(2) of the Social Security Act ( 42 U.S.C. 1395c(2) ) is amended by striking have been entitled for not less than 24 months and inserting are entitled . (3) Medicare coverage Section 1837(g)(1) of the Social Security Act ( 42 U.S.C. 1395p(g)(1) ) is amended by striking 25th month of and inserting month following the first month of . (4) Railroad retirement system Section 7(d)(2)(ii) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231f(d)(2)(ii) ) is amended— (A) by striking has been entitled to an annuity and inserting is entitled to an annuity ; (B) by striking , for not less than 24 months ; and (C) by striking could have been entitled for 24 calendar months, and . (c) Effective date The amendments made by this section shall apply to insurance benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after December 1 following the date of enactment of this Act, and before January 1 of the year that is 4 years after such date of enactment. 1005. Guaranteed issue of Medigap policies Section 1882 of the Social Security Act ( 42 U.S.C. 1395ss ) is amended by adding at the end the following new subsection: (aa) Guaranteed issue for all Medigap-Eligible Medicare beneficiaries Notwithstanding paragraphs (2)(A) and (2)(D) of subsection (s) or any other provision of this section, on or after the date of enactment of this subsection, the issuer of a Medicare supplemental policy may not deny or condition the issuance or effectiveness of a Medicare supplemental policy, or discriminate in the pricing of the policy, because of health status, claims experience, receipt of health care, or medical condition in the case of any individual entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B. . B Temporary Medicare Buy-In Option and Temporary Public Option 1011. Lowering the Medicare age (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ), as amended by section 1001, is amended by adding at the end the following new section: 1899E. Temporary Medicare Buy-In Option for Certain Individuals (a) No effect on other benefits for individuals otherwise eligible or on Trust Funds The Secretary shall implement the provisions of this section in such a manner to ensure that such provisions— (1) have no effect on the benefits under this title for individuals who are entitled to, or enrolled for, such benefits other than through this section; and (2) have no negative impact on the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund). (b) Option (1) In general Every individual who meets the requirements described in paragraph (3) shall be eligible to enroll under this section. (2) Part A, B, and D benefits An individual enrolled under this section is entitled to the same benefits (and shall receive the same protections) under this title as an individual who is entitled to benefits under part A and enrolled under parts B and D, including the ability to enroll in a private plan that provides qualified prescription drug coverage. (3) Requirements for eligibility The requirements described in this paragraph are the following: (A) The individual is a resident of the United States. (B) The individual is— (i) a citizen or national of the United States; or (ii) an alien lawfully admitted for permanent residence. (C) The individual is not otherwise entitled to benefits under part A or eligible to enroll under part A or part B. (D) The individual has attained the applicable years of age but has not attained 65 years of age. (4) Applicable years of age defined For purposes of this section, the term applicable years of age means— (A) effective January 1 of the first year following the date of enactment of the Medicare for All Act of 2022 , the age of 55; (B) effective January 1 of the second year following such date of enactment, the age of 45; and (C) effective January 1 of the third year following such date of enactment, the age of 35. (c) Enrollment; coverage The Secretary shall establish enrollment periods and coverage under this section consistent with the principles for establishment of enrollment periods and coverage for individuals under other provisions of this title. The Secretary shall establish such periods so that coverage under this section shall first begin on January 1 of the year on which an individual first becomes eligible to enroll under this section. (d) Premium (1) Amount of monthly premiums The Secretary shall, during September of each year (beginning with the first September following the date of enactment of the Medicare for All Act of 2022 ), determine a monthly premium for all individuals enrolled under this section. Such monthly premium shall be equal to 1/12 of the annual premium computed under paragraph (2)(B), which shall apply with respect to coverage provided under this section for any month in the succeeding year. (2) Annual premium (A) Combined per capita average for all Medicare benefits The Secretary shall estimate the average, annual per capita amount for benefits and administrative expenses that will be payable under parts A, B, and D in the year for all individuals enrolled under this section. (B) Annual premium The annual premium under this subsection for months in a year is equal to the average, annual per capita amount estimated under subparagraph (A) for the year. (3) Increased premium for complementary plans Nothing in this section shall preclude an individual from choosing a prescription drug plan or other complementary plans which requires the individual to pay an additional amount (because of supplemental benefits or because it is a more expensive plan). In such case the individual would be responsible for the increased monthly premium. (e) Payment of premiums (1) In general Premiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary determines appropriate. (2) Deposit Amounts collected by the Secretary under this section shall be deposited in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund) in such proportion as the Secretary determines appropriate. (f) Not eligible for Medicare cost-Sharing assistance An individual enrolled under this section shall not be treated as enrolled under any part of this title for purposes of obtaining medical assistance for Medicare cost-sharing or otherwise under title XIX. (g) Treatment in relation to the Affordable Care Act (1) Satisfaction of individual mandate For purposes of applying section 5000A of the Internal Revenue Code of 1986, the coverage provided under this section constitutes minimum essential coverage under subsection (f)(1)(A)(i) of such section 5000A. (2) Eligibility for premium assistance Coverage provided under this section— (A) shall be treated as coverage under a qualified health plan in the individual market enrolled in through the Exchange where the individual resides for all purposes of section 36B of the Internal Revenue Code of 1986 other than subsection (c)(2)(B) thereof; and (B) shall not be treated as eligibility for other minimum essential coverage for purposes of subsection (c)(2)(B) of such section 36B. The Secretary shall determine the applicable second lowest cost silver plan which shall apply to coverage under this section for purposes of section 36B of such Code. (3) Eligibility for cost-sharing subsidies For purposes of applying section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 )— (A) coverage provided under this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (B) the Secretary shall be treated as the issuer of such plan. (h) Consultation In promulgating regulations to implement this section, the Secretary shall consult with interested parties, including groups representing beneficiaries, health care providers, employers, and insurance companies. . 1012. Establishment of the Medicare transition plan (a) In general To carry out the purpose of this section, for plan years beginning with the first plan year that begins after the date of enactment of this Act and ending with the date on which benefits are first available under section 106(a), the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid (referred to in this section as the Administrator ), shall establish, and provide for the offering through the Exchanges, of a public health plan (in this Act referred to as the Medicare Transition plan ) that provides affordable, high-quality health benefits coverage throughout the United States. (b) Administrating the Medicare transition (1) Administrator The Administrator shall administer the Medicare Transition plan in accordance with this section. (2) Application of ACA requirements Consistent with this section, the Medicare Transition plan shall comply with requirements under title I of the Patient Protection and Affordable Care Act (and the amendments made by that title) and title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) that are applicable to qualified health plans offered through the Exchanges, subject to the limitation under subsection (e)(2). (3) Offering through Exchanges The Medicare Transition plan shall be made available only through the Exchanges, and shall be available to individuals wishing to enroll and to qualified employers (as defined in section 1312(f)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032 )) who wish to make such plan available to their employees. (4) Eligibility to purchase Any United States resident may enroll in the Medicare Transition plan. (c) Benefits; actuarial value In carrying out this section, the Administrator shall ensure that the Medicare Transition plan provides— (1) coverage for the benefits required to be covered under title II; and (2) coverage of benefits that are actuarially equivalent to 90 percent of the full actuarial value of the benefits provided under the plan. (d) Providers and reimbursement rates (1) In general With respect to the reimbursement provided to health care providers for covered benefits, as described in section 201, provided under the Medicare Transition plan, the Administrator shall reimburse such providers at rates determined for equivalent items and services under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ). For items and services covered under the Medicare Transition plan but not covered under such parts A and B, the Administrator shall reimburse providers at rates set by the Administrator in a manner consistent with the manner in which rates for other items and services were set under the original Medicare fee-for-service program. (2) Prescription drugs Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Administrator with the manufacturer of the drug. If the Administrator is unable to reach a negotiated agreement on such a reimbursement rate, the Administrator shall establish the rate at an amount equal to the lesser of— (A) the price paid by the Secretary of Veterans Affairs to procure the drug under the laws administered by the Secretary of Veterans Affairs; (B) the price paid to procure the drug under section 8126 of title 38, United States Code; or (C) the best price determined under section 1927(c)(1)(C) of the Social Security Act ( 42 U.S.C. 1396r–8(c)(1)(C) ) for the drug. (3) Participating providers (A) In general A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) or under a State Medicaid plan under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) on the date of enactment of this Act shall be a participating provider in the Medicare Transition plan. (B) Additional providers The Administrator shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the Medicare Transition plan. Such process shall be similar to the process applied to new providers under the Medicare program. (e) Premiums (1) Determination The Administrator shall determine the premium amount for enrolling in the Medicare Transition plan, which— (A) may vary according to family or individual coverage, age, and tobacco status (consistent with clauses (i), (iii), and (iv) of section 2701(a)(1)(A) of the Public Health Service Act ( 42 U.S.C. 300gg(a)(1)(A) )); and (B) shall take into account the cost-sharing reductions and premium tax credits which will be available with respect to the plan under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) and section 36B of the Internal Revenue Code of 1986, as amended by subsection (g). (2) Limitation Variation in premium rates of the Medicare Transition plan by rating area, as described in clause (ii) of section 2701(a)(1)(A)(iii) of the Public Health Service Act ( 42 U.S.C. 300gg(a)(1)(A) ) is not permitted. (f) Termination This section shall cease to have force or effect on the date on which benefits are first available under section 106(a). (g) Tax credits and cost-Sharing subsidies (1) Premium assistance tax credits (A) Credits allowed to Medicare Transition plan enrollees at or above 44 percent of poverty in non-expansion States Paragraph (1) of section 36B(c) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) Special rules for Medicare Transition plan enrollees (i) In general In the case of a taxpayer who is covered, or whose spouse or dependent (as defined in section 152) is covered, by the Medicare Transition plan established under section 1002(a) of the Medicare for All Act of 2022 for all months in the taxable year, subparagraph (A) shall be applied without regard to but does not exceed 400 percent . The preceding sentence shall not apply to any taxable year to which subparagraph (E) applies. (ii) Enrollees in Medicaid non-expansion States In the case of a taxpayer residing in a State which (as of the date of the enactment of the Medicare for All Act of 2022 ) does not provide for eligibility under clause (i)(VIII) or (ii)(XX) of section 1902(a)(10)(A) of the Social Security Act for medical assistance under title XIX of such Act (or a waiver of the State plan approved under section 1115) who is covered, or whose spouse or dependent (as defined in section 152) is covered, by the Medicare Transition plan established under section 1002(a) of the Medicare for All Act of 2022 for all months in the taxable year, subparagraphs (A) and (B) shall be applied by substituting 0 percent for 100 percent each place it appears. . (B) Premium assistance amounts for taxpayers enrolled in Medicare Transition plan (i) In general Subparagraph (A) of section 36B(b)(3) of such Code is amended— (I) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (II) by striking clause (ii) in clause (i) and inserting clauses (ii) and (iii) ; and (III) by inserting after clause (i) the following new clause: (ii) Special rules for taxpayers enrolled in Medicare Transition plan In the case of a taxpayer who is covered, or whose spouse or dependent (as defined in section 152) is covered, by the Medicare Transition plan established under section 1002(a) of the Medicare for All Act of 2022 for all months in the taxable year the applicable percentage for any taxable year shall be determined in the same manner as under clause (i), except that the following table shall apply in lieu of the table contained in such clause: In the case of household income (expressed as a percent of poverty line) within the following income tier: The initial premium percentage is— The final premium percentage is— Up to 100 percent 2 2 100 percent up to 138 percent 2.04 2.04 138 percent up to 150 percent 3.06 4.08 150 percent and above 4.08 5. The preceding sentence shall not apply to any taxable year to which clause (iv) applies. . (ii) Conforming amendment Subclause (I) of clause (iii) of section 36B(b)(3) of such Code, as redesignated by subparagraph (A)(i), is amended by inserting , and determined after the application of clause (ii) after after application of this clause . (2) Cost-sharing subsidies Subsection (b) of section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(b) ) is amended— (A) by inserting , or in the Medicare Transition plan established under section 1002(a) of the Medicare for All Act of 2022 , after coverage in paragraph (1); (B) by redesignating paragraphs (1) (as so amended) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (C) by striking insured .—In this section and inserting “ insured .— (1) In general In this section ; (D) by striking the flush language; and (E) by adding at the end the following new paragraph: (2) Special rules (A) Individuals lawfully present In the case of an individual described in section 36B(c)(1)(B) of the Internal Revenue Code of 1986, the individual shall be treated as having household income equal to 100 percent of the poverty line for a family of the size involved for purposes of applying this section. (B) Medicare Transition plan enrollees in Medicaid non-expansion States In the case of an individual residing in a State which (as of the date of the enactment of the Medicare for All Act of 2022 ) does not provide for eligibility under clause (i)(VIII) or (ii)(XX) of section 1902(a)(10)(A) of the Social Security Act for medical assistance under title XIX of such Act (or a waiver of the State plan approved under section 1115) who enrolls in such Medicare Transition plan, the preceding sentence, paragraph (1)(B), and paragraphs (1)(A)(i) and (2)(A) of subsection (c) shall each be applied by substituting 0 percent for 100 percent each place it appears. (C) Adjusted cost-sharing for Medicare Transition plan enrollees In the case of any individual who enrolls in such Medicare Transition plan, in lieu of the percentages under subsection (c)(1)(B)(i) and (c)(2), the Secretary shall prescribe a method of determining the cost-sharing reduction for any such individual such that the total of the cost-sharing and the premiums paid by the individual under such Medicare Transition plan does not exceed the percentage of the total allowed costs of benefits provided under the plan equal to the final premium percentage applicable to such individual under section 36B(b)(3)(A)(ii) of the Internal Revenue Code of 1986. . (h) Conforming amendments (1) Treatment as a qualified health plan Section 1301(a)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021(a)(2) ) is amended— (A) in the paragraph heading, by inserting , the Medicare Transition plan, before and ; and (B) by inserting The Medicare Transition plan, before and a multi-State plan . (2) Level playing field Section 1324(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18044(a) ) is amended by inserting the Medicare Transition plan, before or a multi-State qualified health plan . C Patient Protections During Medicare for All Transition Period 1021. Minimizing disruptions to patient care The Secretary shall ensure that all individuals enrolled in, or who seek to enroll in, a group health plan, health insurance coverage offered by a health insurance issuer, or the plan established under section 1002 during the transition period of this Act are protected from disruptions in their care during the transition period. 1022. Public consultation The Secretary shall consult with communities and advocacy organizations of individuals living with disabilities and other patient advocacy organizations to ensure the transition described in this section takes into account the safety and continuity of care for individuals with disabilities, complex medical needs, or chronic conditions. 1023. Definitions In this subtitle, the terms health insurance coverage , health insurance issuer , and group health plans have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ). XI Miscellaneous 1101. Updating resource limits for Supplemental Security Income eligibility (SSI) Section 1611(a)(3) of the Social Security Act ( 42 U.S.C. 1382(a)(3) ) is amended— (1) in subparagraph (A)— (A) by striking and after January 1, 1988, ; and (B) by inserting , and to $6,200 on January 1, 2022 before the period; (2) in subparagraph (B)— (A) by striking and after January 1, 1988, ; and (B) by inserting , and to $4,100 on January 1, 2022 before the period; and (3) by adding at the end the following new subparagraph: (C) Beginning with December of 2022, whenever the dollar amounts in effect under paragraphs (1)(A) and (2)(A) of this subsection are increased for a month by a percentage under section 1617(a)(2), each of the dollar amounts in effect under this paragraph shall be increased, effective with such month, by the same percentage (and rounded, if not a multiple of $10, to the closest multiple of $10). Each increase under this subparagraph shall be based on the unrounded amount for the prior 12-month period. . 1102. Definitions In this Act— (1) the term Secretary means the Secretary of Health and Human Services; (2) the term State means a State, the District of Columbia, or a territory of the United States; and (3) the term United States shall include the States, the District of Columbia, and the territories of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4204is/xml/BILLS-117s4204is.xml |
117-s-4205 | II 117th CONGRESS 2d Session S. 4205 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Administrator of the Federal Emergency Management Agency to establish a working group relating to best practices and Federal guidance for animals in emergencies and disasters, and for other purposes.
1. Short title This Act may be cited as the Planning for Animal Wellness Act or the PAW Act . 2. Working group guidelines (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Working group The term working group means the advisory working group established under subsection (b). (b) Working group Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an advisory working group. (c) Membership The working group shall consist of— (1) not less than 2 representatives of State governments with experience in animal emergency management; (2) not less than 2 representatives of local governments with experience in animal emergency management; (3) not less than 2 representatives from academia; (4) not less than 2 veterinary experts; (5) not less than 2 representatives from nonprofit organizations working to address the needs of households pets and service animals in emergencies or disasters; (6) representatives from the Federal Animal Emergency Management Working Group; and (7) any other members determined necessary by the Administrator. (d) Duties The working group shall— (1) encourage and foster collaborative efforts among individuals and entities working to address the needs of household pets, service and assistance animals, and captive animals, as appropriate, in emergency and disaster preparedness, response, and recovery; and (2) review best practices and Federal guidance, as of the date of enactment of this Act, on congregate and noncongregate sheltering and evacuation planning relating to the needs of household pets, service and assistance animals, and captive animals, as appropriate, in emergency and disaster preparedness, response, and recovery. (e) Guidance determination Not later than 1 year after the date of enactment of this Act, the working group shall determine whether the best practices and Federal guidance described in subsection (d)(2) are sufficient. (f) New guidance Not later than 540 days after the date of enactment of this Act, if the Administrator, in consultation with the working group, determines that the best practices and Federal guidance described in paragraph subsection (d)(2) are insufficient, the Administrator, in consultation with the working group, shall publish updated Federal guidance. | https://www.govinfo.gov/content/pkg/BILLS-117s4205is/xml/BILLS-117s4205is.xml |
117-s-4206 | II 117th CONGRESS 2d Session S. 4206 IN THE SENATE OF THE UNITED STATES May 12, 2022 Ms. Cortez Masto (for herself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require the Administrator of the Small Business Administration to provide awards to recognize State and local governments that improve the process of forming a new business, and for other purposes.
1. Short title This Act may be cited as the Supporting New Entrepreneurs and Workers By Undoing and Streamlining Inhibitors to Nascent Enterprises through Supporting Successful Efficiency Solutions Act or the Supporting NEW BUSINESSES Act . 2. Awards for streamlining the process of business formation (a) In general The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) by redesignating section 49 ( 15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 ( 15 U.S.C. 657u ) the following: 49. Awards for streamlining the process of business formation (a) In general The Administrator shall, on an annual basis, provide 3 awards to recognize State and local governments that implement innovative and effective policies or tools to streamline processes related to the formation of small business concerns in their communities, of which— (1) 1 award shall be provided to a State or local government that represents a community of not less than 400,000 individuals; (2) 1 award shall be provided to a State or local government that represents a community of not less than 100,000 and less than 400,000 individuals; and (3) 1 award shall be provided to a State or local government that represents a community of less than 100,000 individuals. (b) Application A State or local government seeking an award under subsection (a) shall submit to the Administrator an application at such time, containing such information, and in such manner as the Administrator may require. (c) Considerations In providing an award under subsection (a), the Administrator shall consider whether a State or local government streamlined the process described in subsection (a) by— (1) streamlining or reducing redundancies in paperwork, forms, or other written or online documents required to form a small business concern; (2) consolidating resources available to individuals looking to form a small business concern, such as through the creation of user-friendly online portals; (3) reducing duplication or inconsistencies in requirements between overlapping jurisdictions; or (4) innovatively making necessary procedures more streamlined or efficient. . | https://www.govinfo.gov/content/pkg/BILLS-117s4206is/xml/BILLS-117s4206is.xml |
117-s-4207 | II 117th CONGRESS 2d Session S. 4207 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mrs. Gillibrand (for herself and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To allow for one-time distributions from certain transportation fringe benefit accounts.
1. Short title This Act may be cited as the COVID–19 Commuter Benefits Distribution Act . 2. Treatment of certain distributions from transportation fringe benefit accounts (a) In general In the case of any qualified payment from a specified transportation fringe benefit account— (1) such qualified payment shall be includible in the gross income of the employee for the taxable year in which such qualified payment is made, and (2) the determination of whether any other payment from such account is a qualified transportation fringe for purposes of section 132 of the Internal Revenue Code of 1986 shall be determined without regard to such qualified payment. (b) Qualified payment For purposes of this section, the term qualified payment means a one-time payment made during the 6-month period beginning on the date of the enactment of this Act from a specified transportation fringe benefit account to the employee for whose benefit such account is maintained but only to the extent that such payment does not exceed the lesser of— (1) the highest balance of such account during the period beginning on March 13, 2020, and ending on the date of the enactment of this Act, or (2) the balance of such account on the date of such one-time payment. (c) Specified transportation fringe benefit account For purposes of this section, the term specified transportation fringe benefit account means, with respect to any employee, amounts set aside by such employee’s employer under a compensation reduction agreement which— (1) provides for payments to such employee of amounts which are excludible under section 132 of the Internal Revenue Code of 1986 as a qualified transportation fringe (determined after the application of subsection (a)), and (2) provides that unused amounts at the end of a month may be carried forward to the succeeding month (subject to such requirements or limitations as such agreement, the Secretary of the Treasury, or the Secretary’s delegate, may provide). | https://www.govinfo.gov/content/pkg/BILLS-117s4207is/xml/BILLS-117s4207is.xml |
117-s-4208 | II 117th CONGRESS 2d Session S. 4208 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to update the appraisal requirements for certain loans guaranteed by the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Improving Access to the VA Home Loan Act of 2022 . 2. Update of appraisal requirements for certain loans guaranteed by Department of Veterans Affairs (a) Updated regulations or program requirements required Not later than 90 days after the date of the enactment of this Act, Secretary of Veterans Affairs shall prescribe updated regulations or program requirements to clarify when an appraisal is required, how an appraisal is to be conducted, and who is eligible to conduct an appraisal for purposes of a loan that is— (1) guaranteed under chapter 37 of title 38, United States Code; and (2) for any purpose described in section 3710(a) of such title. (b) Considerations In prescribing updated regulations or program requirements under subsection (a), the Secretary shall consider making changes applicable to— (1) certification requirements for appraisers; (2) minimum property requirements; (3) the process for selecting and reviewing comparable sales; (4) quality control processes; (5) the assisted appraisal processing program of the Department of Veterans Affairs; and (6) the use of waivers or other alternatives to existing appraisal processes. (c) Desk top appraisals In prescribing updated regulations or program requirements under subsection (a), the Secretary shall provide guidance for the use of the authority under section 3731(b)(3) of title 38, United States Code, taking into consideration— (1) situations in which the use of such authority would provide cost savings for the borrower; and (2) situations in which a traditional appraisal requirement could cause a delay substantial enough to jeopardize the ability of a borrower to complete a transaction. | https://www.govinfo.gov/content/pkg/BILLS-117s4208is/xml/BILLS-117s4208is.xml |
117-s-4209 | II 117th CONGRESS 2d Session S. 4209 IN THE SENATE OF THE UNITED STATES May 12, 2022 Ms. Hirono (for herself, Mr. Cotton , Mr. Markey , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require a feasibility study regarding establishing new diplomatic posts in the Pacific Islands.
1. Short title This Act may be cited as the Expanding America's Pacific Diplomatic Presence Act of 2022 . 2. Feasibility study regarding establishing new diplomatic posts in the Pacific Islands (a) Study required The Comptroller General of the United States shall conduct a study assessing the feasibility of establishing new diplomatic posts in Pacific Islands countries and territories that currently do not have a United States embassy or other United States diplomatic post. (b) Briefing and report The Comptroller General of the United States shall— (1) not later than one year after the date of the enactment of this Act, brief the appropriate congressional committees on preliminary observations relating to the study conducted under subsection (a); and (2) not later than 18 months after the date of the enactment of this Act, submit to the appropriate congressional committees a report on the results of the study. (c) Elements The report required under subsection (b) shall include the following elements: (1) An explanation of the methodologies and processes the Department of State uses when determining whether and where to establish new diplomatic posts abroad and the scale and size of such posts. (2) A description of the existing diplomatic posts the Department of State has in the Pacific Islands region and an analysis of how they advance United States national security priorities. (3) An assessment of what is known about the impact the opening of new diplomatic posts in the Pacific Islands region will have on— (A) United States relations with host nations; (B) United States relations with other allies and partners in the Indo-Pacific region; and (C) the advancement of United States national security priorities. (4) An assessment of what is known about the feasibility of establishing new diplomatic posts in the Pacific Islands region. (5) An assessment of proposed locations for new diplomatic posts in the Pacific Islands region to expand the United States diplomatic presence in the region. (6) An assessment of alternatives to establishing new diplomatic posts that would expand the United States diplomatic presence in the Pacific Islands region. (7) A determination of the costs to the Department of constructing or acquiring new diplomatic posts in the Pacific Islands region, and an explanation and analysis of such costs. (8) A determination of the costs to the Department of expanding existing diplomatic posts in the Pacific Islands region as an alternative to constructing or acquiring new facilities, and an explanation and analysis of such costs. (9) A determination of the costs to the Department of staffing new diplomatic posts in the Pacific Islands region, including with regard to allowances, differentials, and other benefits to which Foreign Service officers assigned to such posts may be entitled and the salaries and benefits afforded to locally employed staff. (10) An assessment of personnel from agencies other than the Department of State, including the Department of Defense, who will be needed at new diplomatic posts in the Pacific Islands region. (d) Definitions In this section— (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (2) Diplomatic post The term diplomatic post means an embassy, consulate general, consulate, consular agency, or other overseas post of a United States mission. (3) Pacific Islands countries and territories that currently do not have a United States embassy or other United States diplomatic post The term Pacific Islands countries and territories that currently do not have a United States embassy or other United States diplomatic post means Tonga, Kiribati, Nauru, Tuvalu, Vanuatu, the Solomon Islands, the Cook Islands, Niue, French Polynesia, and New Caledonia. | https://www.govinfo.gov/content/pkg/BILLS-117s4209is/xml/BILLS-117s4209is.xml |
117-s-4210 | II 117th CONGRESS 2d Session S. 4210 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Leahy (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to establish a competition to award certificates that can be redeemed to accelerate certain matters at the United States Patent and Trademark Office, and for other purposes.
1. Short title This Act may be cited as the Patents for Humanity Act of 2022 . 2. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Award Chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Definition In this section, the term eligible entity means an entity— (1) the application of which submitted under subsection (d) is with respect to a patent that addresses a humanitarian issue; and (2) that, pursuant to subsection (e)(1), is eligible to receive an award under the competition established under subsection (b). (b) Establishment There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters: (1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Appeal Board from that proceeding. (2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application. (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter that generated the appeal. (4) A matter identified under subsection (e)(4). (c) Administration The Director shall administer the competition established under subsection (b). (d) Application An eligible entity seeking an award under subsection (b) shall submit to the Director an application, at such time, in such manner, and containing such information as the Director may require. (e) Rulemaking authority With respect to the competition established under subsection (b), the Director shall conduct a rulemaking proceeding to promulgate rules on the— (1) entities that are eligible to receive an award under the competition; (2) process and metrics by which applications submitted under subsection (d) are judged, including the criteria for selecting judges for the competition; (3) factors that will be considered in selecting the eligible entities that receive awards under the competition; and (4) additional matters for which a certificate described in subsection (b) may be awarded. (f) Promotion of competition The Director shall promote the competition established under subsection (b) through the satellite offices established pursuant to section 1(b). (g) Treatment as successor The competition established under subsection (b) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled Humanitarian Awards Pilot Program , published at 77 Fed. Reg. 6544 (February 8, 2012)). . (b) Rule of construction Nothing in this section, or the amendments made by this section, may be construed as prohibiting the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office from administering the competition established under section 28 of title 35, United States Code, as added by subsection (a), before the date on which all rules are promulgated under the rulemaking proceeding required by subsection (e) of such section 28. (c) Technical and conforming amendment The table of sections for chapter 2 of title 35, United States Code, is amended by adding at the end the following: 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office. . | https://www.govinfo.gov/content/pkg/BILLS-117s4210is/xml/BILLS-117s4210is.xml |
117-s-4211 | II 117th CONGRESS 2d Session S. 4211 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Lee (for himself, Mr. Marshall , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a regulatory sandbox program under which agencies may provide waivers of agency rules and guidance, and for other purposes.
1. Short title This Act may be cited as the Promoting Innovation and Offering the Needed Escape from Exhaustive Regulations Act or the PIONEER Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Office of Information and Regulatory Affairs. (2) Agency; rule The terms agency and rule have the meanings given those terms in section 551 of title 5, United States Code. (3) Applicable agency The term applicable agency means an agency that has jurisdiction over the enforcement or implementation covered provision for which an applicant is seeking a waiver under the Program. (4) Covered provision The term covered provision means— (A) a rule, including a rule required to be issued under law; or (B) guidance or any other document issued by an agency. (5) Director The term Director means the Director of the Office. (6) Economic damage The term economic damage means a risk that is likely to cause tangible, physical harm to the property or assets of consumers. (7) Health or safety The term health or safety , with respect to a risk, means the risk is likely to cause bodily harm to a human life, loss of human life, or an inability to sustain the health or life of a human being. (8) Office The term Office means the Office of Federal Regulatory Relief established under section 3(a). (9) Program The term Program means the program established under section 4(a). (10) Unfair or deceptive trade practice The term unfair or deceptive trade practice has the meaning given the term in— (A) the Policy Statement of the Federal Trade Commission on Deception, issued on October 14, 1983; and (B) the Policy Statement of the Federal Trade Commission on Unfairness, issued on December 17, 1980. 3. Office of Federal Regulatory Relief (a) Establishment There is established within the Office of Information and Regulatory Affairs within the Office of Management and Budget an Office of Federal Regulatory Relief. (b) Director (1) In general The Office shall be headed by a Director, who shall be the Administrator or a designee thereof, who shall— (A) be responsible for— (i) establishing a regulatory sandbox program described in section 4; (ii) receiving Program applications and ensuring those applications are complete; (iii) referring complete Program applications to the applicable agencies; (iv) filing final Program application decisions from the applicable agencies; (v) hearing appeals from applicants if their applications are denied by an applicable agency in accordance with section 4(c)(6); and (vi) designating staff to the Office as needed; and (B) not later than 180 days after the date of enactment of this Act— (i) establish a process that is used to assess likely health and safety risks, risks that are likely to cause economic damage, and the likelihood for unfair or deceptive practices to be committed against consumers related to applications submitted for the Program, which shall be— (I) published in the Federal Register and made publicly available with a detailed list of the criteria used to make such determinations; and (II) subject to public comment before final publication in the Federal Register; and (ii) establish the application process described in section 4(c)(1). (2) Advisory boards (A) Establishment The Director shall require the head of each agency to establish an advisory board, which shall— (i) be composed of 10 private sector representatives appointed by the head of the agency— (I) with expertise in matters under the jurisdiction of the agency, with not more than 5 representatives from the same political party; (II) who shall serve for a period of not more than 3 years; and (III) who shall not receive any compensation for participation on the advisory board; and (ii) be responsible for providing input to the head of the agency for each Program application received by the agency. (B) Vacancy A vacancy on an advisory board established under subparagraph (A), including a temporary vacancy due to a recusal under subparagraph (C)(ii), shall be filled in the same manner as the original appointment with an individual who meets the qualifications described in subparagraph (A)(i)(I). (C) Conflict of interest (i) In general If a member of an advisory board established under subparagraph (A) is also the member of the board of an applicant that submits an application under review by the advisory board, the head of the agency or a designee thereof may appoint a temporary replacement for that member. (ii) Financial interest Each member of an advisory board established under subparagraph (A) shall recuse themselves from advising on an application submitted under the Program for which the member has a conflict of interest as described in section 208 of title 18, United States Code. (D) Small business concerns Not less than 5 of the members of each advisory board established under subparagraph (A) shall be representatives of a small business concern, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (E) Rule of construction Nothing in this Act shall be construed to prevent an agency from establishing additional advisory boards as needed to assist in reviewing Program applications that involve multiple or unique industries. 4. Regulatory sandbox program (a) In general The Director shall establish a regulatory sandbox program under which applicable agencies shall grant or deny waivers of covered provisions to temporarily test products or services on a limited basis, or undertake a project to expand or grow business facilities consistent with the purpose described in subsection (b), without otherwise being licensed or authorized to do so under that covered provision. (b) Purpose The purpose of the Program is to incentivize the success of current or new businesses, the expansion of economic opportunities, the creation of jobs, and the fostering of innovation. (c) Application process for waivers (1) In general The Office shall establish an application process for the waiver of covered provisions, which shall require that an application shall— (A) confirm that the applicant— (i) is subject to the jurisdiction of the Federal Government; and (ii) has established or plans to establish a business that is incorporated or has a principal place of business in the United States from which their goods or services are offered from and their required documents and data are maintained; (B) include relevant personal information such as the legal name, address, telephone number, email address, and website address of the applicant; (C) disclose any criminal conviction of the applicant or other participating persons, if applicable; (D) contain a description of the good, service, or project to be offered by the applicant for which the applicant is requesting waiver of a covered provision by the Office under the Program, including— (i) how the applicant is subject to licensing, prohibitions, or other authorization requirements outside of the Program; (ii) each covered provision that the applicant seeks to have waived during participation in the Program; (iii) how the good, service, or project would benefit consumers; (iv) what likely risks the participation of the applicant in the Program may pose, and how the applicant intends to reasonably mitigate those risks; (v) how participation in the Program would render the offering of the good, service, or project successful; (vi) a description of the plan and estimated time periods for the beginning and end of the offering of the good, service, or project under the Program; (vii) a recognition that the applicant will be subject to all laws and rules after the conclusion of the offering of the good, service, or project under the Program; (viii) how the applicant will end the demonstration of the offering of the good, service, or project under the Program; (ix) how the applicant will repair harm to consumers if the offering of the good, service, or project under the Program fails; and (x) a list of each agency that regulates the business of the applicant; and (E) include any other information as required by the Office. (2) Assistance The Office may, upon request, provide assistance to an applicant to complete the application process for a waiver under the Program, including by providing the likely covered provisions that could be eligible for such a waiver. (3) Agency review (A) Transmission Not later than 14 days after the date on which the Office receives an application under paragraph (1), the Office shall submit a copy of the application to each applicable agency. (B) Review The head of an applicable agency, or a designee thereof, shall review a Program application received under subparagraph (A) with input from the advisory board established under section 3(b)(2). (C) Considerations In reviewing a copy of an application submitted to an applicable agency under subparagraph (A), the head of the applicable agency, or a designee thereof, with input from the advisory board of the applicable agency established under section 3(b)(2), shall consider whether— (i) the plan of the applicant to deploy their offering will adequately protect consumers from harm; (ii) the likely health and safety risks, risks that are likely to cause economic damage, and the likelihood for unfair or deceptive practices to be committed against consumers are outweighed by the potential benefits to consumers from the offering of the applicant; and (iii) it is possible to provide the applicant a waiver even if the Office does not waive every covered provision requested by the applicant. (D) Final decision (i) In general Subject to clause (ii), the head of an applicable agency, or a designee thereof, who receives a copy of an application under subparagraph (A) shall, with the consideration of the recommendations of the advisory board of the applicable agency established under section 3(b)(2), make the final decision to grant or deny the application. (ii) In part approval (I) In general If more than 1 applicable agency receives a copy of an application under subparagraph (A)— (aa) the head of each applicable agency (or their designees), with input from the advisory board of the applicable agency established under section 3(b)(2), shall grant or deny the waiver of the covered provisions over which the applicable agency has jurisdiction for enforcement or implementation; and (bb) if each applicable agency that receives an application under subparagraph (A) grants the waiver under item (aa), the Director shall grant the entire application. (II) In part approval by Director If an applicable agency denies part of an application under subclause (I) but another applicable agency grants part of the application, the Director shall approve the application in part and specify in the final decision which covered provisions are waived. (E) Record of decision (i) In general Not later than 180 days after receiving a copy of an application under subparagraph (A), an applicable agency shall approve or deny the application and submit to the Director a record of the decision, which shall include a description of each likely health and safety risk, each risk that is likely to cause economic damage, and the likelihood for unfair or deceptive practices to be committed against consumers that the covered provision the applicant is seeking to have waived protects against, and— (I) if the application is approved, a description of how the identifiable, significant harms will be mitigated and how consumers will be protected under the waiver; (II) if the applicable agency denies the waiver, a description of the reasons for the decision, including why a waiver would likely cause health and safety risks, likely cause economic damage, and increase the likelihood for unfair or deceptive practices to be committed against consumers, and the likelihood of such risks occurring, as well as reasons why the application cannot be approved in part or reformed to mitigate such risks; and (III) if the applicable agency determines that a waiver would likely cause health and safety risks, likely cause economic damage, and there is likelihood for unfair or deceptive practices to be committed against consumers as a result of the covered provision that an applicant is requesting to have waived, but the applicable agency determines such risks can be protected through less restrictive means than denying the application, the applicable agency shall provide a recommendation of how that can be achieved. (ii) No record submitted If the applicable agency does not submit a record of the decision with respect to an application for a waiver submitted to the applicable agency, the Office shall assume that the applicable agency does not object to the granting of the waiver. (iii) Extension The applicable agency may request one 30-day extension of the deadline for a record of decision under clause (i). (iv) Expedited review If the applicable agency provides a recommendation described in clause (i)(III), the Office shall provide the applicant with a 60-day period to make necessary changes to the application, and the applicant may resubmit the application to the applicable agency for expedited review over a period of not more than 60 days. (4) Nondiscrimination In considering an application for a waiver, an applicable agency shall not unreasonably discriminate among applications under the Program or resort to any unfair or unjust discrimination for any reason. (5) Fee The Office may collect an application fee from each applicant under the Program, which— (A) shall be in a fair amount and reflect the cost of the service provided; (B) shall be deposited in the general fund of the Treasury and allocated to the Office, subject to appropriations; and (C) shall not be increased more frequently than once every 2 years. (6) Written agreement If each applicable agency grants a waiver requested in an application submitted under paragraph (1), the waiver shall not be effective until the applicant enters into a written agreement with the Office that describes each covered provision that is waived under the Program. (7) Limitation An applicable agency may not waive under the Program any tax, fee, or charge imposed by the Federal Government. (8) Appeals (A) In general If an applicable agency denies an application under paragraph (3)(E), the applicant may submit to the Office one appeal for reconsideration, which shall— (i) address the comments of the applicable agency that resulted in denial of the application; and (ii) include how the applicant plans to mitigate the likely risks identified by the applicable agency. (B) Office response Not later than 60 days after receiving an appeal under subparagraph (A), the Director shall— (i) determine whether the appeal sufficiently addresses the concerns of the applicable agency; and (ii) (I) if the Director determines that the appeal sufficiently addresses the concerns of the applicable agency, file a record of decision detailing how the concerns have been remedied and approve the application; or (II) if the Director determines that the appeal does not sufficiently address the concerns of the applicable agency, file a record of decision detailing how the concerns have not been remedied and deny the application. (9) Nondiscrimination The Office shall not unreasonably discriminate among applications under the Program or resort to any unfair or unjust discrimination for any reason in the implementation of the Program. (10) Judicial review (A) Record of decision A record of decision described in paragraph (3)(E) or (8)(B) shall be considered a final agency action for purposes of review under section 704 of title 5, United States Code. (B) Limitation A reviewing court considering claims made against a final agency action under this Act shall be limited to whether the agency acted in accordance with the requirements set forth under this Act. (C) Right to judicial review Nothing in this paragraph shall be construed to establish a right to judicial review under this Act. (d) Period of waiver (1) Initial period Except as provided in this subsection, a waiver granted under the Program shall be for a term of 2 years. (2) Continuance The Office may continue a waiver granted under the Program for a maximum of 4 additional periods of 2 years as determined by the Office. (3) Notification Not later than 30 days before the end of an initial waiver period under paragraph (1), an entity that is granted a waiver under the Program shall notify the Office if the entity intends to seek a continuance under paragraph (2). (4) Revocation (A) Significant harm If the Office determines that an entity that was granted a waiver under the Program is causing significant harm to the health or safety of the public, inflicting severe economic damage on the public, or engaging in unfair or deceptive practices, the Office may immediately end the participation of the entity in the Program by revoking the waiver. (B) Compliance If the Office determines that an entity that was granted a waiver under the Program is not in compliance with the terms of the Program, the Office shall give the entity 30 days to correct the action, and if the entity does not correct the action by the end of the 30-day period, the Office may end the participation of the entity in the Program by revoking the waiver. (e) Terms An entity for which a waiver is granted under the Program shall be subject to the following terms: (1) A covered provision may not be waived if the waiver would prevent a consumer from seeking actual damages or an equitable remedy in the event that a consumer is harmed. (2) While a waiver is in use, the entity shall not be subject to the criminal or civil enforcement of a covered provision identified in the waiver. (3) An agency may not file or pursue any punitive action against a participant during the period for which the waiver is in effect, including a fine or license suspension or revocation for the violation of a covered provision identified in the waiver. (4) The entity shall not have immunity related to any criminal offense committed during the period for which the waiver is in effect. (5) The Federal Government shall not be responsible for any business losses or the recouping of application fees if the waiver is denied or the waiver is revoked at any time. (f) Consumer protection (1) In general Before distributing an offering to consumers under a waiver granted under the Program, and throughout the duration of the waiver, an entity shall publicly disclose the following to consumers: (A) The name and contact information of the entity. (B) That the entity has been granted a waiver under the Program, and if applicable, that the entity does not have a license or other authorization to provide an offering under covered provisions outside of the waiver. (C) If applicable, that the offering is undergoing testing and may not function as intended and may expose the consumer to certain risks as identified in the record of decision of the applicable agency submitted under section 4(c)(3)(E). (D) That the entity is not immune from civil liability for any losses or damages caused by the offering. (E) That the entity is not immune from criminal prosecution for violation of covered provisions that are not suspended under the waiver. (F) That the offering is a temporary demonstration and may be discontinued at the end of the initial period under subsection (d)(1). (G) The expected commencement date of the initial period under subsection (d)(1). (H) The contact information of the Office and that the consumer may contact the Office and file a complaint. (2) Online offering With respect to an offering provided over the internet under the Program, the consumer shall acknowledge receipt of the disclosures required under paragraph (1) before any transaction is completed. (g) Record keeping (1) In general An entity that is granted a waiver under this section shall retain records, documents, and data produced that is directly related to the participation of the entity in the Program. (2) Notification before ending offering If an applicant decides to end their offering before the initial period ends under subsection (d)(1), the applicant shall submit to the Office and the applicable agency a report on actions taken to ensure consumers have not been harmed as a result. (3) Request for documents The Office may request records, documents, and data from an entity that is granted a waiver under this section that is directly related to the participation of the entity in the Program, and upon the request, the applicant shall make such records, documents, and data available for inspection by the Office. (4) Notification of incidents An entity that is granted a waiver under this section shall notify the Office and any applicable agency of any incident that results in harm to the health or safety of consumers, severe economic damage, or an unfair or deceptive practice under the Program not later than 72 hours after the incident occurs. (h) Reports (1) Entities granted a waiver (A) In general Any entity that is granted a waiver under this section shall submit to the Office reports that include— (i) how many consumers are participating in the good, service, or project offered by the entity under the Program; (ii) an assessment of the likely risks and how mitigation is taking place; (iii) any previously unrealized risks that have manifested; and (iv) a description of any adverse incidents and the ensuing process taken to repair any harm done to consumers. (B) Timing An entity shall submit a report required under subparagraph (A)— (i) 10 days after 30 days elapses from commencement of the period for which a waiver is granted under the Program; (ii) 30 days after the halfway mark of the period described in clause (i); and (iii) 30 days before the expiration of the period described in subsection (d)(1). (2) Annual report by Director The Director shall submit to Congress an annual report on the Program, which shall include, for the year covered by the report— (A) the number of applications approved; (B) the name and description of each entity that was granted a waiver under the Program; (C) any benefits realized to the public from the Program; and (D) any harms realized to the public from the Program. (i) 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 covered provisions that were recommended for repeal under paragraph (2)(A)(ii) in a special message submitted to Congress under that paragraph; and (ii) a provision that immediately repeals the listed covered provisions described in paragraph (2)(A)(ii) 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 shall submit to Congress a special message that— (i) details each covered provision that the Office recommends should be amended or repealed as a result of entities being able to operate safely without those covered provisions during the Program; (ii) lists any covered provision that should be repealed as a result of having been waived for a period of not less than 6 years during the Program; and (iii) explains why each covered provision described in clauses (i) and (ii) should be amended or 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 covered provision recommended for amendment or repeal by the Office. (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. (j) Rule of construction Nothing in this section shall be construed to— (1) require an entity that is granted a waiver under this section to publicly disclose proprietary information, including trade secrets or commercial or financial information that is privileged or confidential; or (2) affect any other provision of law or regulation applicable to an entity that is not included in a waiver provided under this section. (k) Authorization of appropriations There are authorized to be appropriated to the Office to carry out this section an amount that is not more than the amount of funds deposited into the Treasury from the fees collected under subsection (c)(3). | https://www.govinfo.gov/content/pkg/BILLS-117s4211is/xml/BILLS-117s4211is.xml |
117-s-4212 | II 117th CONGRESS 2d Session S. 4212 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Food and Drug Administration to publish guidelines for parents to prepare baby formula at home.
1. Short title This Act may be cited as the Mother and Baby Formula Safety Act . 2. Guidelines on preparing baby formula The Secretary of Health and Human Services shall publish on the website of the Food and Drug Administration guidelines for parents unable to obtain commercially available baby formula that include— (1) do-it-yourself instructions for preparing safe baby formulas at home; (2) resources for parents on how to find baby formula alternatives; and (3) other suggested alternatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4212is/xml/BILLS-117s4212is.xml |
117-s-4213 | II 117th CONGRESS 2d Session S. 4213 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mrs. Gillibrand (for herself, Mr. Booker , Ms. Warren , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Fair Labor Standards Act of 1938 to prohibit employers from paying employees in the garment industry by piece rate, to require manufacturers and contractors in the garment industry to register with the Department of Labor, and for other purposes.
1. Short title This Act may be cited as the Fashioning Accountability and Building Real Institutional Change Act or the FABRIC Act . 2. Payment and liability requirements in the garment industry (a) In general The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended— (1) by inserting after section 7 ( 29 U.S.C. 207 ) the following: 8. Requirements for the garment industry (a) Prohibition against payment by piece rate No employer shall pay an employee employed in the garment industry, who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, by the piece or unit, or by piece rate. (b) Hourly rates (1) In general An employer shall pay each employee employed in the garment industry, who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, at an hourly rate that is not less than the rate in effect under section 6(a)(1). (2) Incentive bonuses Nothing in this section shall be construed to prohibit incentive-based bonuses for employees employed in the garment industry. (c) Joint and several liability of brand guarantors (1) In general A brand guarantor who contracts with an employer of an employee described in paragraph (2) for the performance of services in the garment industry shall share joint and several liability with such employer for any violations of the employer under this Act involving such employee. (2) Employees An employee described in this paragraph is any employee employed in the garment industry who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce. (3) Subcontracts For purposes of paragraph (1), an employer of an employee described in paragraph (2) includes any other person who, through 1 or more subcontracts, subcontracts with the employer of such an employee for the performance of services in the garment industry. (4) Rule of construction Nothing in this subsection shall be construed to preclude a determination of joint employment, in the garment industry or otherwise, for entities other than brand guarantors. (d) Nonapplicability Subsections (a) and (b) shall not apply for purposes of an employee employed in the garment industry who is covered by a bona fide collective bargaining agreement that expressly provides for— (1) wages, hours of work, and working conditions of the employee; (2) (A) a wage rate for all hours worked by the employee in excess of 40 hours in a week that is greater than one- and one-half times the regular rate at which such employee is employed; and (B) a minimum hourly rate of pay for the employee that is not less than 10 percent more than the higher of— (i) the minimum wage rate under an applicable State law; or (ii) the minimum wage rate in effect under section 6(a)(1); and (3) a process to resolve disputes concerning nonpayment of wages. (e) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary to carry out this section. (f) Definitions In this section: (1) Brand guarantor The term brand guarantor means any person contracting for the performance of garment manufacturing, including through licensing of a brand or name, regardless of whether the party with whom the person contracts performs the manufacturing operations or hires garment contractors to perform the manufacturing operations. (2) Garment The term garment includes any article of wearing apparel or accessory designed or intended to be worn by an individual, including clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts. (3) Garment contractor The term garment contractor — (A) means any person who, with the assistance of an employee or any other individual, is primarily engaged in garment manufacturing for another person, including for another garment contractor, a garment manufacturer, or a brand guarantor; and (B) includes a subcontractor that is primarily engaged in garment manufacturing. (4) Garment industry The term garment industry means the industry of garment manufacturing. (5) Garment manufacturer The term garment manufacturer means any person who is engaged in garment manufacturing who is not a garment contractor. (6) Garment manufacturing (A) In general The term garment manufacturing means— (i) sewing, cutting, making, processing, repairing, finishing, assembling, pressing, or dyeing a garment, including a section or component of a garment, designed for or intended to be worn by an individual, which is to be sold or offered for sale or resale; (ii) altering the design, or causing another person to alter the design, of a garment described in clause (i); (iii) affixing a label to a garment described in clause (i); (iv) any other form of preparation of a garment described in clause (i) by any person contracting for such preparation; and (v) any other operation or practice as may be identified in regulations issued by the Secretary consistent with the purposes of this section. (B) Exclusions The term garment manufacturing does not include— (i) manufacturing of garments by an individual who manufactures the garments by his or herself without the assistance of a garment contractor, employee, or any other individual; (ii) cleaning, altering, or tailoring any garment, including a section or component of a garment, after the garment has been sold at retail; or (iii) any other form of manufacturing as may be identified in regulations issued by the Secretary consistent with the purposes of this section. . (2) in section 15 ( 29 U.S.C. 215(a) )— (A) in subsection (a)— (i) in paragraph (5), by striking the period and inserting ; or ; and (ii) by adding at the end the following: (6) to violate section 8. ; and (B) by adding at the end the following new subsection: (c) For the purposes of subsection (a)(6), it shall be an affirmative defense to an action under such subsection against a brand guarantor (as defined in section 8(f)) if such brand guarantor shows no knowledge of the violation of section 8 alleged in such action. ; and (3) in section 16 ( 29 U.S.C. 216 )— (A) in subsection (b)— (i) by inserting after the third sentence the following: Any person who violates section 8 shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section, including the payment of wages lost and an additional equal amount as liquidated damages. ; and (ii) in the last sentence, by inserting before the period at the end or 8 ; and (B) in subsection (c), by adding at the end the following: The authority and requirements described in this subsection shall apply with respect to a violation of section 8, as appropriate, and the person in such violation shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section, including the payment of wages lost and an additional equal amount as liquidated damages. . (b) Conforming amendment Section 10 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 210 ) is repealed. (c) Effective date The amendments made by this section shall take effect on the date that is 6 months after the date of enactment of this Act. 3. Registration of garment manufacturers and contractors (a) Definitions In this section: (1) Employee The term employee has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (2) Garment contractor; garment industry; garment manufacturer; garment manufacturing The terms garment contractor , garment industry , garment manufacturer , and garment manufacturing have the meanings given such terms in section 8(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 208(f) ). (3) Production employee The term production employee , with respect to a garment manufacturer or garment contractor, means any employee of the manufacturer or contractor who is engaged in the garment industry. (4) Secretary The term Secretary means the Secretary of Labor, acting through the Undersecretary of the Garment Industry appointed under section 4(b). (b) Requirement To register with the Department of Labor Beginning on the date that is 6 months after the date of enactment of this Act, no garment manufacturer or garment contractor shall engage in the garment industry during any year unless the manufacturer or contractor has registered for such year with the Secretary in accordance with this section. (c) Registration requirements (1) In general A garment manufacturer or garment contractor registering under this section shall submit to the Secretary— (A) a form, in writing, containing the information described in paragraph (2); (B) photographic verification of the identify of— (i) each owner or partner of the garment manufacturer or garment contractor; and (ii) in the case the garment manufacturer or garment contractor is a corporation, each officer of the corporation; (C) verification that the garment manufacturer or garment contractor has in effect a workers’ compensation insurance policy for all production employees of the manufacturer or contractor; and (D) payment of the applicable registration fee described in paragraph (3). (2) Information in form The information described in this paragraph is each of the following: (A) A statement of whether the garment manufacturer or garment contractor is a sole proprietorship, partnership, or corporation. (B) The name, residential address, and phone number of all production employees of the garment manufacturer or garment contractor. (C) The name, residential address, phone number, and social security number of— (i) each owner or partner of the garment manufacturer or garment contractor; (ii) if applicable, each officer of the garment manufacturer or garment contractor; and (iii) if applicable, each of the 10 largest shareholders of the garment manufacturer or garment contractor. (D) The name, residential address, and social security number of each person with a financial interest in the business of the garment manufacturer in the garment industry, and the amount of that interest (if any). (E) In the case in which the garment manufacturer or garment contractor is a corporation, a statement ensuring that no shares of the corporation are listed on a national securities exchange or regularly quoted in an over-the-counter market by one or more members of a national or an affiliated securities association. (F) A statement of how long the garment manufacturer or garment contractor has been in business in the garment industry. (G) If applicable, the tax identification number of the garment manufacturer or garment contractor. (H) A statement of the status of the garment manufacturer or garment contractor as a manufacturer or contractor. (I) A statement of whether the garment manufacturer or garment contractor has contracted with a labor organization, and, if so, the name and address of such labor organization. (J) (i) A statement as to whether, within the preceding 3-year period, any of the following persons or entities have been found by a court or the Secretary to have violated the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ): (I) The garment manufacturer or garment contractor. (II) Any owner of or any partner of the garment manufacturer or garment contractor. (III) In the case the garment manufacturer or garment contractor is a corporation, any officer of the corporation or any of the 10 largest shareholders of the corporation. (ii) If any person or entity described in any of subclauses (I) through (III) of clause (i) has violated the Fair Labor Standards Act of 1938 within the period described in such clause, a statement of the nature of such violation and the date on which such violation occurred. (K) In the case of a contractor, a statement of whether the contractor has subcontracted for the cutting, sewing, dyeing, or assembling of textiles or apparel or sections or components of apparel. (3) Registration fee (A) In general The registration fee required under this subsection for each year shall be $200. (B) Prorated fees The Secretary may prorate the registration fee under subparagraph (A) for any registration described in subsection (d)(2)(B)(i). (C) Use The Secretary shall use the total amount of each registration fee required under this subsection for carrying out this section. (d) Submission (1) Consolidation Each division, subsidiary corporation, or related company of a garment manufacturer or garment contractor may, at the option of the manufacturer or contractor, be named and included under 1 registration under this section. (2) Timing (A) In general Except as provided under subparagraph (B), each registration submitted under this section shall be filed not later than the date that is 6 months after the date of enactment of this Act and annually thereafter on a date determined by the Secretary. (B) New manufacturers or contractors In the case of a garment manufacturer or garment contractor that begins garment manufacturing operations or enters into a contract for such operations for the first time after the date of enactment of this Act, the registration required under this section shall be submitted— (i) not later than 6 months after the date on which the garment manufacturing operations begin or the contractor enters into the contract for such operations; and (ii) annually thereafter on a date determined by the Secretary. (e) Certificates (1) In general The Secretary shall issue a certificate of registration to each garment manufacturer or garment contractor that submits a registration meeting the requirements under this section. (2) Applicability (A) In general Except as provided in subparagraph (B), each certificate issued under paragraph (1) shall be effective for a period of 12 months. (B) New manufacturers or contractors A certificate with respect to a registration submitted under subsection (d)(2)(B)(i) shall be effective until the following registration date as determined by the Secretary. (3) Posting Each garment manufacturer or garment contractor receiving a certificate under paragraph (1) shall post such certificate in a place where it may be read by any employee of the manufacturer or contractor during the workday. (4) Suspension or revocation The Secretary may suspend or revoke a certificate of registration issued under paragraph (1) if the garment manufacturer or garment contractor that submitted the registration— (A) has knowingly made any misrepresentation in the application for such certificate; or (B) has failed to comply with this Act or any regulation under this Act. (f) Recordkeeping The Secretary shall, through regulations, establish requirements for recordkeeping for all garment manufacturers and garment contractors engaging in the garment industry in order to assist in enforcing the requirements of this section. (g) Enforcement (1) In general The Secretary may impose a civil money penalty of not more than $50,000,000 against any person who violates a requirement under this section. (2) Considerations In assessing the amount of a penalty under this subsection, the Secretary shall give consideration to— (A) the size of the business of the person; (B) whether the violation of the person was committed in good faith; (C) the gravity of the violation; (D) the history of any previous violations of the person under this section; and (E) the history of the person in complying with the recordkeeping requirements under subsection (f). (h) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary to carry out this section. 4. Undersecretary of the Garment Industry (a) In general There is established in the Department of Labor the Office of the Garment Industry (referred to in this section as the Office ). (b) Undersecretary (1) In general The Secretary of Labor shall appoint an Undersecretary of the Garment Industry (referred to in this section as the Undersecretary ) to head the Office. (2) Functions The Undersecretary shall— (A) carry out section 3 using sums appropriated under subsection (c); (B) carry out the national domestic garment manufacturing support program under section 5; and (C) provide assistance to the Administrator of the Wage and Hour Division in enforcing section 8 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 208 ). (c) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary of the Labor— (A) $10,000,000 for fiscal year 2022, to establish the Office and carry out the functions described in subparagraphs (A) and (C) of subsection (b)(2); and (B) $3,000,000 for each of fiscal years 2023 through 2027, to carry out the functions described in subparagraphs (A) and (C) of subsection (b)(2). (2) Availability Any sums appropriated under the authorization contained in this subsection shall remain available, without fiscal year limitation, until expended. 5. National domestic garment manufacturing support program (a) Definitions In this section: (1) Eligible entity The term eligible entity means an entity that is— (A) a garment manufacturer that is incorporated in and performs garment manufacturing within the United States; or (B) a nonprofit organization that provides workforce development opportunities with respect to the garment industry. (2) Garment industry; garment manufacturer; garment manufacturing The terms garment industry , garment manufacturer , and garment manufacturing have the meanings given such terms in section 8(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 208(f) ). (3) Secretary The term Secretary means the Secretary of Labor, acting through the Undersecretary of the Garment Industry appointed under section 4(b). (b) In general From amounts made available under subsection (g), the Secretary shall award grants, on a competitive basis, to eligible entities to support garment manufacturing in the United States. (c) Application An eligible entity seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the project that the eligible entity proposes to carry out using such grant; and (2) an implementation plan of such project that reflects the expected participation of, and partnership with, applicable labor organizations and relevant community stakeholders. (d) Award (1) Selection In awarding grants under this section to eligible entities, the Secretary shall give priority to eligible entities— (A) with a workforce that is covered by a collective bargaining agreement; (B) that are certified by a State in which such eligible entity operates as minority-owned businesses, women-owned businesses, or veteran-owned businesses; or (C) who have operated as a garment manufacturer within the United States for more than 5 years. (2) Amount The amount of a grant awarded under this section may not be more than $5,000,000. (e) Use of funds An eligible entity receiving a grant under this section shall use the grant funds to support— (1) investments in training and workforce development for employees within the garment industry; (2) the acquisition of relevant tools and equipment for garment manufacturing in the United States; (3) the acquisition of, and capital improvements to, facilities for garment manufacturing in the United States and to promote the health and safety of employees in such facilities; or (4) efforts to assist in educating employees about rights under this Act and other relevant Federal, State, or local laws. (f) Report Not later than 6 months after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Secretary a report that includes an account of the use of grant funds awarded under this section. (g) Authorization of appropriations There is authorized to be appropriated $40,000,000 to carry out this section. 6. Credit for insourcing expenses (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Credit for insourcing expenses (a) In general For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 30 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). (b) Eligible insourcing expenses For purposes of this section— (1) In general The term eligible insourcing expenses means— (A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and (B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within— (i) a HUBZone (as defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) )), or (ii) a low-income community (as described in section 45D(e)), if such establishment constitutes the relocation of the business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Eligible expenses The term eligible expenses means— (A) any amount for which a deduction is allowed to the taxpayer under section 162, and (B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. (3) Business unit The term business unit means— (A) any trade or business within the garment industry (as defined in section 8(f) of the Fair Labor Standards Act of 1938), and (B) any line of business, or functional unit, which is part of any trade or business described in subparagraph (A). (4) Expanded affiliated group The term expanded affiliated group means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting more than 50 percent for at least 80 percent each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). (5) Expenses must be pursuant to insourcing plan Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). (6) Operating expenses not taken into account Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. (c) Increased domestic employment requirement No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)). All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. (d) Credit allowed upon completion of insourcing plan (1) In general Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. (2) Election to apply employment test and claim credit in first full taxable year after completion of plan If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). (e) Possessions treated as part of the United States For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). (f) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the insourcing expenses credit determined under section 45U(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45U. Credit for insourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States possessions (1) Payments to possessions (A) Mirror code possessions The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45U of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45U of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against United States income taxes No credit shall be allowed against United States income taxes under section 45U of such Code to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules (A) Possessions of the United States For purposes of this section, the term possession of the United States includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system For purposes of this section, 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. (C) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). | https://www.govinfo.gov/content/pkg/BILLS-117s4213is/xml/BILLS-117s4213is.xml |
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