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117-s-4214 | II 117th CONGRESS 2d Session S. 4214 IN THE SENATE OF THE UNITED STATES May 12, 2022 Ms. Warren (for herself, Ms. Baldwin , Mr. Casey , Mr. Whitehouse , Mr. Sanders , Mr. Markey , Mr. Merkley , Mr. Blumenthal , Ms. Duckworth , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Price Gouging Prevention Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Prevention of price gouging. Sec. 4. Disclosures in SEC filings. Sec. 5. Funding. 2. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Critical trading partner The term critical trading partner means a person that has the ability to restrict, impede, or foreclose access to its inputs, customers, partners, goods, services, technology, platform, facilities, or tools in a way that harms competition or limits the ability of the customers or suppliers of the person to carry out business effectively. (3) Exceptional market shock The term exceptional market shock means any change or imminently threatened (as determined under guidance issued by the Commission) change in the market for a good or service resulting from a natural disaster, failure or shortage of electric power or other source of energy, strike, civil disorder, war, military action, national or local emergency, public-health emergency, or any other cause of an atypical disruption in such market. (4) Good or service The term good or service means any good or service offered in commerce. (5) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (6) Ultimate parent entity The term ultimate parent entity has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations (or any successor regulation). 3. Prevention of price gouging (a) In general It shall be unlawful for a person to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock, regardless of the person’s position in a supply chain or distribution network. (b) Affirmative defense (1) In general Subsection (a) shall not apply to the sale, or offering for sale, of a good or service by a person if— (A) the person’s ultimate parent entity earned less than $100,000,000 in gross United States revenue during the preceding 12-month period; and (B) the person demonstrates by a preponderance of the evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (2) Inflation adjustment Starting in calendar year 2023, the Commission shall annually adjust the amount specified in paragraph (1)(A) to reflect the change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics. (c) Presumptive violations A person shall be presumed to be in violation of subsection (a) if, during an exceptional market shock, it is shown by a preponderance of the evidence that the person— (1) (A) has unfair leverage; or (B) is using the effects or circumstances related to the exceptional market shock as a pretext to increase prices; and (2) regardless of the person's position in a supply chain or distribution network, sells or offers for sale a good or service at an excessive price compared to— (A) the average price at which the good or service was sold or offered for sale by all competing sellers in the market during the 120-day period preceding such exceptional market shock; or (B) the average price at which the good or service was sold or offered for sale by the person in the market during the 120-day period preceding such exceptional market shock. (d) Rebuttal A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (e) Unfair leverage (1) In general For purposes of subsection (c), a person has unfair leverage if the person— (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. (2) Inflation adjustment Starting in calendar year 2023, the Commission shall annually adjust the amount specified in paragraph (1)(A) to reflect the change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics. (f) Enforcement by FTC (1) Unfair or deceptive acts or practices A violation of this section or a regulation promulgated under this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission Except as otherwise provided, the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Independent litigation authority If the Commission has reason to believe that a person has violated this section, the Commission may bring a civil action in any appropriate United States district court to— (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of aggrieved consumers; or (F) obtain any other appropriate equitable relief. (4) Civil penalties In addition to any other penalties as may be prescribed by law, each violation of this section shall carry a civil penalty not to exceed— (A) if the person who committed the violation does not have unfair leverage, the lesser of— (i) $25,000; or (ii) 5 percent of the revenues earned by the person's ultimate parent entity during the preceding 12-month period; or (B) if the person who committed the violation has unfair leverage, 5 percent of the revenues earned by the person's ultimate parent entity during the preceding 12-month period. (5) Rulemaking (A) In general The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. (B) Required guidance Not later than 180 days after the date of enactment of this Act, the Commission shall promulgate regulations regarding violations of this Act, which shall include guidelines on what constitutes a market, an unconscionably excessive price for a good or service, and an excessive price for a good or service. (6) Effect on other laws Nothing in this section shall be construed in any way to limit the authority of the Commission under any other provision of law. (g) Enforcement by state attorneys general (1) In general If the attorney general of a State, or another official or agency designated by a State, has reason to believe that any person has violated or is violating this section, the attorney general, official, or agency of the State, in addition to any authority it may have to bring an action in State court under its laws, may bring a civil action in any appropriate United States district court or in any other court of competent jurisdiction, including a State court, to— (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of residents of the State; or (F) obtain any other appropriate equitable relief. (2) Notice Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (3) Limitation on state action while federal action is pending If the Commission has instituted a civil action for a violation of this section, no State attorney general, or official or agency of a State, may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section alleged in the complaint. (4) Relationship with state-law claims If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. (h) Savings clause Nothing in this section shall preempt or otherwise affect any State or local law. 4. Disclosures in SEC filings (a) Definitions In this section: (1) Covered issuer The term covered issuer means an issuer that— (A) has a covered quarter; and (B) in the quarter following the covered quarter described in subparagraph (A), is required to submit Form 10–Q or Form 10–K. (2) Covered quarter The term covered quarter means a quarter during which there is an exceptional market shock. (3) Form 10–K The term Form 10–K means the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation. (4) Form 10–Q The term Form 10–Q means the form described in section 240.15d–13 of title 17, Code of Federal Regulations, or any successor regulation. (5) Issuer The term issuer has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (b) Inclusion in filing Each covered issuer, in each Form 10–K or Form 10–Q that the covered issuer is required to file in a quarter following a covered quarter, shall include in the filing the following information with respect to that covered quarter, as compared with the quarter preceding that covered quarter: (1) The percentage change in the volume of goods or services sold, and the percentage change in the average sales price of those goods or services, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (2) The gross margins of the covered issuer, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (3) Presented in tabular format, the share of the increase in revenue of the covered issuer that is attributable to— (A) a change in the cost of goods or services sold by the covered issuer; and (B) a change in the volume of goods or services sold by the covered issuer. (4) The percentage change in the costs of the covered issuer, which shall be broken down by category and presented in tabular format. (5) In dollars, the change in the costs of the covered issuer and the revenue of the covered issuer, which shall be presented in tabular format. (6) A detailed narrative disclosure of the pricing strategy of the covered issuer, which shall include— (A) an explanation for any increase in the gross margins of material product categories, including all material causes for such an increase, an explanation of how each such material cause affected such an increase, and a description of the relative importance of each such material cause with respect to such an increase; (B) an explanation for the decisions made by the covered issuer with respect to the prices of goods or services sold by the covered issuer; (C) if the covered issuer increased prices at a rate that was greater than the rate at which the costs incurred by the covered issuer increased, the rationale and objectives for increasing prices in such a manner; and (D) a description of conditions under which the covered issuer plans to modify pricing after the date on which the covered issuer submits the filing. (c) Regulations Not later than 180 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 this section. (d) Effective date This section shall take effect on the date on which the Securities and Exchange Commission issues final regulations under subsection (c) or completes the amendments required under that subsection, as applicable. 5. Funding In addition to amounts otherwise available, there is appropriated to the Commission for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until September 30, 2032, for carrying out work of the Commission. | https://www.govinfo.gov/content/pkg/BILLS-117s4214is/xml/BILLS-117s4214is.xml |
117-s-4215 | II 117th CONGRESS 2d Session S. 4215 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Rubio (for himself and Mr. Bennet ) 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 establish additional authorities of the Food and Drug Administration regarding the conduct of pediatric investigations of molecularly targeted drugs to treat cancer, and for other purposes.
1. Short title This Act may be cited as the Give Kids a Chance Act of 2022 . 2. Research into pediatric uses of drugs; additional authorities of Food and Drug Administration regarding molecularly targeted cancer drugs (a) In general (1) Additional active ingredient for application drug; limitation regarding novel-combination application drug Section 505B(a)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c(a)(3) ) is amended— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by striking subparagraph (A) and inserting the following: (A) In general For purposes of paragraph (1)(B), the investigation described in this paragraph is (as determined by the Secretary) a molecularly targeted pediatric cancer investigation of— (i) the drug or biological product for which the application referred to in such paragraph is submitted; or (ii) such drug or biological product in combination with— (I) an active ingredient of a drug for which an approved application under section 505(j) is in effect or an active ingredient of a biological product for which an approved application under section 351(k) of the Public Health Service Act is in effect, which drug or biological product is determined by the Secretary to be the standard of care for treating a pediatric cancer; (II) an active ingredient of a drug for which an approved application under section 505(b) is in effect to treat an adult cancer, or an active ingredient of a biological product for which an approved application under section 351(a) of the Public Health Service Act is in effect to treat an adult cancer, which approved application is held by the same person submitting the application; or (III) an active ingredient of a drug or biological product for which there is in effect an exemption for investigational use under section 505(i), which drug or biological product is under such exemption being studied jointly by the person submitting the application referred to in paragraph (1)(B) and by another person pursuant to an agreement between such persons. (B) Additional requirements (i) Design of investigation A molecularly targeted pediatric cancer investigation referred to in subparagraph (A) shall be designed to yield clinically meaningful pediatric study data, gathered using appropriate formulations for each age group for which the study is required, regarding dosing, safety, and preliminary efficacy to inform potential pediatric labeling. (ii) Limitation Studies described in subparagraph (A)(ii) may be required only if the drug or biological product for which the application referred to in paragraph (1)(B) contains either— (I) a single new active ingredient; or (II) more than one active ingredient, if an application for the combination of active ingredients has not previously been approved but each active ingredient has been previously approved to treat an adult cancer. (iii) Preclinical data The Secretary may require that reports on an investigation required pursuant to paragraph (1)(B) include the results of all preclinical studies on which the decision to conduct such investigation was based. (iv) Rule of construction regarding inactive ingredients With respect to a combination of active ingredients referred to in subparagraph (A)(ii), such subparagraph shall not be construed as addressing the use of inactive ingredients with such combination. . (2) Conforming amendments Section 505B(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c(a) ) is amended— (A) in paragraph (3)(C), as redesignated by paragraph (1)(A) of this subsection, by striking investigations described in this paragraph and inserting investigations referred to in subparagraph (A)(i) ; and (B) in paragraph (3)(D), as redesignated by paragraph (1)(A) of this subsection, by striking the assessments under paragraph (2)(B) and inserting the assessments required under paragraph (1)(A) . (b) Authority regarding preclinical studies Section 505B(a)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c(a)(1) ) is amended by adding at the end the following: (C) Preclinical studies generally (i) In general With respect to a submission for an exemption for investigational use under section 505(i) for a drug or biological product that is intended for the treatment of an adult cancer, the Secretary may require, as a condition of permitting the exemption to go into effect, that the sponsor involved enter into an agreement with the Secretary to conduct not more than 2 preclinical studies of the drug or biological product in order to assist in determining the relevance of its molecular target to the growth or progression of a pediatric cancer. (ii) Timeframe for preclinical studies With respect to the drug or biological product involved, an agreement under clause (i) for a preclinical study shall specify the date by which an initial plan for the study will be submitted to the Secretary except that the Secretary may not require the submission of such plan any earlier than 90 days after the exemption referred to in clause (i) goes into effect. The results of the preclinical study shall be submitted to the Secretary in accordance with a timeframe to which the Secretary and the sponsor involved have agreed. Such timeframe shall provide for deferrals equivalent to deferrals under paragraphs (4) and (5). (iii) Use of preclinical study results The Secretary may not use the results of the preclinical studies under clause (i) to require additional clinical studies under subparagraph (B) other than the pediatric cancer studies specified in the agreement under clause (i). . (c) Applicability The amendments made by this section apply with respect to any submission under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ), any application under section 505 of such Act ( 21 U.S.C. 355 ), and any application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262 ), that is submitted on or after the date that is 2 years after the date of enactment of this Act. (d) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the Secretary's efforts, in coordination with industry, to ensure implementation of the amendments made by subsections (a) and (b) by the date that is 2 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4215is/xml/BILLS-117s4215is.xml |
117-s-4216 | II 117th CONGRESS 2d Session S. 4216 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Rubio (for himself and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To reauthorize the North Korean Human Rights Act of 2004, and for other purposes.
1. Short title This Act may be cited as the North Korean Human Rights Reauthorization Act of 2022 . 2. Findings Congress makes the following findings: (1) The North Korean Human Rights Act of 2004 ( Public Law 108–333 ; 22 U.S.C. 7801 et seq. ) and subsequent reauthorizations of such Act were the product of broad, bipartisan consensus regarding the promotion of human rights, documentation of human rights violations, transparency in the delivery of humanitarian assistance, and the importance of refugee protection. (2) The human rights and humanitarian conditions within North Korea remain deplorable and have been intentionally perpetuated against the people of North Korea through policies endorsed and implemented by Kim Jong-un and the Workers’ Party of Korea. (3) According to a 2014 report released by the United Nations Human Rights Council’s Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea, between 80,000 and 120,000 children, women, and men were being held in political prison camps in North Korea, where they were subjected to deliberate starvation, forced labor, executions, torture, rape, forced abortion, and infanticide. (4) North Korea continues to hold a number of South Koreans and Japanese abducted after the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the Korean War Armistice Agreement ), and refuses to acknowledge the abduction of more than 100,000 South Koreans during the Korean War in violation of the Geneva Convention. (5) Human rights violations in North Korea, which include forced starvation, sexual violence against women and children, restrictions on freedom of movement, arbitrary detention, torture, executions, and enforced disappearances, amount to crimes against humanity according to the United Nations Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea. (6) The effects of the COVID–19 pandemic and North Korea’s strict lockdown of its borders and crackdowns on informal market activities and small entrepreneurship have drastically increased food insecurity for its people and given rise to famine conditions in parts of the country. (7) North Korea’s COVID–19 border lockdown measures also include shoot-to-kill orders that have resulted in the killing of— (A) North Koreans attempting to cross the border; and (B) at least 1 South Korean citizen in September 2020. (8) The Chinese Communist Party and the Government of the People’s Republic of China are aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees to North Korea where they are sent to prison camps, harshly interrogated, and tortured or executed. (9) The forcible repatriation of North Korean refugees violates the People’s Republic of China’s freely undertaken obligation to uphold the principle of non-refoulement, under the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (and made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). (10) North Korea continues to bar freedom of religion and persecute religious minorities, especially Christians. Eyewitnesses report that Christians in North Korea have been tortured, forcibly detained, and even executed for possessing a Bible or professing Christianity. (11) United States and international broadcasting operations into North Korea— (A) serve as a critical source of outside news and information for the North Korean people; and (B) provide a valuable service for countering regime propaganda and false narratives. (12) The position of Special Envoy on North Korean Human Rights Issues has been vacant since January 2017, even though the President is required to appoint a Senate-confirmed Special Envoy to fill this position in accordance with section 107 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7817 ). 3. Sense of Congress It is the sense of Congress that— (1) promoting information access in North Korea continues to be a successful method of countering North Korean propaganda; (2) the United States Government should continue to support efforts described in paragraph (1), including by enacting and implementing the Otto Warmbier North Korean Censorship and Surveillance Act of 2021 , which was introduced by Senator Portman on June 17, 2021; (3) because refugees among North Koreans fleeing into China face severe punishments upon their forcible return, the United States should urge the Government of the People’s Republic of China— (A) to immediately halt its forcible repatriation of North Koreans; (B) to allow the United Nations High Commissioner for Refugees (referred to in this section as UNHCR ) unimpeded access to North Koreans within China to determine whether they are refugees and require assistance; (C) to fulfill its obligations under the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (and made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223), and the Agreement on the upgrading of the UNHCR Mission in the People’s Republic of China to UNHCR branch office in the People’s Republic of China, done at Geneva December 1, 1995; (D) to address the concerns of the United Nations Committee Against Torture by incorporating into domestic legislation the principle of non-refoulement; and (E) to recognize the legal status of North Korean women who marry or have children with Chinese citizens and ensure that all such mothers and children are granted resident status and access to education and other public services in accordance with Chinese law and international standards; (4) the United States Government should continue to promote the effective and transparent delivery and distribution of any humanitarian aid provided in North Korea to ensure that such aid reaches its intended recipients to the point of consumption or utilization by cooperating closely with the Government of the Republic of Korea and international and nongovernmental organizations; (5) the Department of State should continue to take steps to increase public awareness about the risks and dangers of travel by United States citizens to North Korea, including by continuing its policy of blocking United States passports from being used to travel to North Korea without a special validation from the Department of State; (6) the United Nations, which has a significant role to play in promoting and improving human rights in North Korea, should press for access for the United Nations Special Rapporteur and the United Nations High Commissioner for Human Rights on the situation of human rights in North Korea; (7) the Special Envoy for North Korean Human Rights Issues should be appointed without delay— (A) to properly promote and coordinate North Korean human rights and humanitarian issues; and (B) to participate in policy planning and implementation with respect to refugee issues; (8) the United States should urge North Korea to repeal the Reactionary Thought and Culture Denunciation Law and other draconian laws, regulations, and decrees that manifestly violate the freedom of opinion and expression and the freedom of thought, conscience, and religion; (9) the United States should urge North Korea to ensure that any restrictions on addressing the COVID–19 pandemic are necessary, proportionate, nondiscriminatory, time-bound, transparent, and allow international staff to operate inside the North Korea to provide international assistance based on independent needs assessments; (10) the United States should expand the Rewards for Justice program to be open to North Korean officials who can provide evidence of crimes against humanity being committed by North Korean officials; (11) the United States should continue to seek cooperation from all foreign governments— (A) to allow the UNHCR access to process North Korean refugees overseas for resettlement; and (B) to allow United States officials access to process refugees for possible resettlement in the United States; and (12) the Secretary of State, through diplomacy by senior officials, including United States ambassadors to Asia-Pacific countries, and in close cooperation with South Korea, should make every effort to promote the protection of North Korean refugees, escapees, and defectors. 4. Reauthorizations (a) Support for human rights and democracy programs Section 102(b)(1) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7812(b)(1) ) is amended by striking 2022 and inserting 2027 . (b) Actions To promote freedom of information Section 104 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7814 ) is amended— (1) in subsection (b)(1), by striking 2022 and inserting 2027 ; and (2) in subsection (c), by striking 2022 and inserting 2027 . (c) Report by Special Envoy on North Korean human rights issues Section 107(d) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7817(d) ) is amended by striking 2022 and inserting 2027 . (d) Report on United States humanitarian assistance Section 201(a) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7831(a) ) is amended, in the matter preceding paragraph (1), by striking 2022 and inserting 2027 . (e) Assistance provided outside of North Korea Section 203(c)(1) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7833(c)(1) ) is amended by striking 2018 through 2022 and inserting 2023 through 2027 . (f) Annual reports Section 305(a) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7845(a) ) is amended, in the matter preceding paragraph (1) by striking 2022 and inserting 2027 . 5. Actions to promote freedom of information Title I of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7811 et seq. ) is amended— (1) in section 103(a), by striking Broadcasting Board of Governors and inserting United States Agency for Global Media ; and (2) in section 104(a)— (A) by striking Broadcasting Board of Governors each place such term appears and inserting United States Agency for Global Media ; and (B) in paragraph (7)(B)— (i) in the matter preceding clause (i), by striking 5 years and inserting 10 years ; (ii) by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; (iii) by inserting before clause (ii) the following: (i) an update of the plan required under subparagraph (A); ; and (iv) in clause (iii), as redesignated, by striking pursuant to section 403 and inserting to carry out this section . 6. Special envoy for North Korean human rights issues Section 107 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7817 ) is amended by adding at the end the following: (e) Report on appointment of Special Envoy Not later than 180 days after the date of the enactment of this subsection and annually thereafter through 2027 if the position of Special Envoy remains vacant, the Secretary of State shall submit a report to the appropriate congressional committees that describes the efforts being taken to appoint the Special Envoy. . 7. Support for North Korean refugees (a) In general The Secretary of State and the Secretary of Homeland Security should collaborate with faith-based and Korean-American organizations to resettle North Korean participants in the United States Refugee Admissions Program in areas with existing Korean-American communities to mitigate trauma and mental health considerations of refugees, as appropriate. (b) Resettlement office for North Korean refugees The Secretary of State shall ensure that a program officer in the Bureau of Population, Refugees, and Migration of the Department of State— (1) is stationed in a country in Southeast Asia or East Asia; and (2) is principally responsible for facilitating the processing and onward relocation of North Koreans eligible for the United States Refugee Admissions Program or resettlement in South Korea. (c) Resettlement location assistance education The Secretary of State shall publicly disseminate guidelines and information relating to resettlement options in the United States or South Korea for eligible North Korean refugees, with a particular focus on messaging to North Koreans. (d) Mechanisms The guidelines and information described in subsection (c)— (1) shall be published on a publicly available website of the Department of State; (2) shall be broadcast into North Korea through radio broadcasting operations funded or supported by the United States Government; and (3) shall be distributed through brochures or electronic storage devices. 8. Authorization of sanctions for forced repatriation of North Korean refugees (a) Discretionary designations Section 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9214 ) is amended— (1) in subparagraph (M), by striking or after the semicolon; (2) in subparagraph (N), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (O) knowingly, directly or indirectly, forced the repatriation of North Korean refugees to North Korea. . (b) Exemptions Section 208(a)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9228(a)(1) ) is amended by inserting , the Republic of Korea, and Japan before the period at the end. | https://www.govinfo.gov/content/pkg/BILLS-117s4216is/xml/BILLS-117s4216is.xml |
117-s-4217 | II 117th CONGRESS 2d Session S. 4217 IN THE SENATE OF THE UNITED STATES May 12, 2022 Ms. Cantwell (for herself, Mr. Wyden , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To ensure transparent and competitive transportation fuel markets in order to protect consumers from unwarranted price increases.
1. Short title This Act may be cited as the Transportation Fuel Market Transparency Act . 2. Amendments to the prohibitions on market manipulation and false information provisions of the Energy Independence and Security Act of 2007 (a) Application to transportation fuel Subtitle B of title VIII of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17301 et seq. ) is amended— (1) in section 811, by striking gasoline or petroleum distillates and inserting or transportation fuel ; (2) in section 812— (A) in the matter preceding paragraph (1), by striking gasoline or petroleum distillates and inserting or transportation fuel ; and (B) in paragraph (3), by striking , gasoline, or petroleum distillates and inserting or transportation fuel ; and (3) by adding at the end the following new section: 816. Definition of transportation fuel In this subtitle, the term transportation fuel includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components). . (b) Prohibition on false information Section 812 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17302 ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking wholesale and inserting supply of, operational actions related to, output related to, or wholesale ; and (B) by striking to a Federal department or agency ; (2) in paragraph (1), by adding and at the end; (3) by striking paragraph (2) and redesignating paragraph (3), as amended by subsection (a), as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking the person intended the false or misleading data to affect data compiled by the department or agency and inserting the false or misleading information reported by the person affected analyses or data compiled by a Federal department or agency or a private sector price-reporting agency . (c) Enforcement Section 813(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17303(a) ) is amended by striking This subtitle and inserting Except as otherwise provided in section 814, this subtitle . (d) Penalties Section 814 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17304 ) is amended— (1) in subsection (a), by striking $1,000,000 and inserting $2,000,000 ; and (2) in subsection (b), by striking section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) and inserting section 5(m)(1)(A) of the Federal Trade Commission Act ( 15 U.S.C. 45(m)(1)(A) ) . 3. Transportation fuel monitoring and enforcement within the Federal Trade Commission (a) Establishment of the transportation fuel monitoring and enforcement unit (1) In general The Commission shall establish within the Commission the Transportation Fuel Monitoring and Enforcement Unit (in this section referred to as the Unit ). (2) Duties of the unit (A) Primary responsibility The primary responsibility of the Unit shall be to assist the Commission in protecting the public interest by continuously and comprehensively collecting, monitoring, and analyzing crude oil and transportation fuel market data in order to— (i) support transparent and competitive market practices; (ii) identify any market manipulation, reporting of false information, use of market power to disadvantage consumers, or other unfair method of competition; and (iii) facilitate enforcement of penalties against persons in violation of relevant statutory prohibitions. (B) Specific duties In order to carry out the responsibility under subparagraph (A), the Unit shall assist the Commission in carrying out the following duties: (i) Receiving, compiling, and analyzing relevant buying and selling activity in order to identify and investigate anomalous market trends and suspicious behavior. (ii) Determining whether excessive concentration or exclusive control of energy-related infrastructure may allow or result in anti-competitive behaviors. (iii) Gathering evidence of wrongdoing against any person in violation of the statutory prohibitions on market manipulation and false information established in, and consistent with, subtitle B of title VIII of the Energy Independence and Security Act of 2007, as amended by section 2, or any other applicable provisions of the Federal Trade Commission Act ( 15 U.S.C. 45 et seq. ). (iv) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act ( 42 U.S.C. 7135 ), as amended by section 4. (v) Obtaining data-sharing agreements with the Commodities Futures Trading Commission, the Federal Energy Regulatory Commission, and as necessary and practicable, State energy offices or commissions, and relevant public and private data sources that will allow the Commission to receive and archive information on— (I) crude oil and transportation fuel buying and selling activity; (II) individual physical and financial market positions of market participants regarding crude oil and transportation fuel; (III) refinery output, capacity, and inventory levels of crude oil and transportation fuel; (IV) imports and exports of crude oil and transportation fuel within regions and at levels that could impact prices faced by consumers; (V) public announcements by energy companies of planned pricing or output decisions regarding crude oil and transportation fuel; and (VI) other relevant market information that will facilitate the gathering of evidence described in clause (iii), including sufficient market information necessary to monitor for cross-market manipulations that may include multiple financial and physical market positions. (vi) Any other information determined appropriate by the Commission to carry out the responsibility under subparagraph (A). (b) Definitions In this section: (1) Commission Other than in subsection (a)(2)(B)(v), the term Commission means the Federal Trade Commission. (2) Transportation fuel The term transportation fuel includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components). (c) Regulations Not later than 90 days after the date of enactment of this Act, the Commission shall promulgate regulations to carry out this section. (d) Authorization of appropriations There is authorized to be appropriated to the Commission such sums as may be necessary for each of fiscal years 2022 through 2027 to carry out this section. 4. Transportation fuel market transparency Section 205 of the Department of Energy Organization Act ( 42 U.S.C. 7135 ) is amended by adding at the end the following: (n) Transportation fuel market transparency (1) Definitions In this subsection: (A) Energy company The term energy company means a person (as defined in section 11(e) of the Energy Supply and Environmental Coordination Act of 1974 ( 15 U.S.C. 796(e) )) that— (i) owns or controls commercial amounts of crude oil or transportation fuel; or (ii) is engaged in— (I) exploration for, or development of, crude oil; (II) extraction of crude oil; (III) refining or otherwise processing crude oil or transportation fuel; (IV) commercial storage of crude oil or transportation fuel; (V) transportation by any means of commercial amounts of crude oil or transportation fuel; or (VI) wholesale or retail distribution of crude oil or transportation fuel. (B) Transportation fuel The term transportation fuel means— (i) gasoline; (ii) distillate fuels, including heating oil; (iii) jet fuel; (iv) aviation gasoline; and (v) biofuel, including ethanol, biomass-based diesel and distillates, and renewable blending components. (2) Purpose The purpose of this subsection is to collect data necessary to facilitate transparent and competitive transportation fuel markets, determine adherence to relevant international sanctions, and protect consumers. (3) Surveys (A) In general The Administrator shall conduct surveys of energy companies to collect detailed and timely information on United States crude oil and transportation fuel markets. (B) Exemption The Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. (4) Data collected (A) In general The surveys conducted under paragraph (3) shall collect information on a national, regional, State, and energy company basis. (B) Information The surveys conducted under paragraph (3) shall collect the following information with respect to crude oil and transportation fuel, as applicable: (i) The quantity of crude oil and transportation fuel imported and exported. (ii) The quantity of crude oil and transportation fuel refined, stored, and transported. (iii) The quantity of crude oil and transportation fuel entering final retail and commercial commerce. (iv) The quantity of crude oil and transportation fuel purchased and sold at any upstream point between energy companies, including off-exchange bilateral sales and sales between subsidiaries of the same energy company. (v) Market price data for the transactions described in clauses (i) through (iv). (vi) Submissions to relevant price reporting entities. (vii) Any other such data, analyses, or evaluations that the Administrator determines is necessary to achieve the purpose described in paragraph (2). (C) Origin of fuel In obtaining the information described in subparagraph (B), the Administrator shall, to the maximum extent practicable, track and publish the country of original production of crude oil and transportation fuel that may have been resold, refined, blended, stored, or otherwise been exchanged or sold before being imported or exported into the United States. (D) Other sources The Administrator may, when practicable and determined reliable by the Administrator, obtain information described in subparagraph (B) from private price publishers and providers of trade processing services. (5) Minimizing reporting burdens The Administrator shall seek to minimize any burdens on energy companies in reporting information to the Administrator, including by automating data submission practices for data collected under the surveys conducted under paragraph (3). (6) Public distribution (A) In general To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. (B) Geographical specificity Analyses published under subparagraph (A)— (i) shall be geographically specific enough to provide meaningful differentiation between fuel markets; and (ii) shall not organize geographical data in the form of Petroleum Administration for Defense Districts or other geographic aggregations lacking sufficient resolution to ascertain regionally specific market trends or disparities. (C) Nondisclosure Any analysis published under subparagraph (A) shall not disclose matters exempted from mandatory disclosure under section 552(b) of title 5, United States Code. (7) Data-sharing agreements (A) Federal Trade Commission Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the Confidential Information Protection and Statistical Efficiency Act of 2018 ), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. (B) Other Federal agencies The Administrator may enter into data-sharing agreements with other Federal agencies that have energy-related policy decision-making responsibilities, including the Commodity Futures Trading Commission, the Federal Energy Regulatory Commission, and the Securities and Exchange Commission. . (9) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section such sums as are necessary for each of fiscal years 2022 through 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s4217is/xml/BILLS-117s4217is.xml |
117-s-4218 | II 117th CONGRESS 2d Session S. 4218 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Wyden (for himself and Mr. Portman ) 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 foreign tax credits or deductions with respect to taxes paid or accrued to the Russian Federation and the Republic of Belarus, to provide for the denial of certain other tax benefits in connection with the invasion of Ukraine, and for other purposes.
1. Short title This Act may be cited as the Support Ukraine Through Our Tax Code Act . 2. Denial of foreign tax credit, etc., with respect to taxes paid or accrued to the Russian Federation and the Republic of Belarus (a) In general Section 901(j)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Special rule for Russia and Belarus (i) In general This subsection shall apply to the Russian Federation and the Republic of Belarus during the period described in clause (ii). (ii) Period of application The period described in this clause with respect to any country is the period— (I) beginning on the date that is 90 days after the date of the enactment of this subparagraph, and (II) ending on the date on which the resumption of the application of the rates of duty set forth in column 1 of the Harmonized Tariff Schedule of the United States to products of that country takes effect pursuant to section 4(b) of the Suspending Normal Trade Relations with Russia and Belarus Act. . (b) Deduction denied (1) In general Section 275(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (6) the following new paragraph: (7) Income, war profits, and excess profits taxes paid or accrued (or deemed paid under section 960) to any country described in section 901(j)(2)(C)(i) with respect to income attributable to any period described in section 901(j)(2)(C)(ii). . (2) Conforming amendment Section 901(j)(3) of such Code is amended by adding at the end the following new sentence: The preceding sentence shall not apply to any taxes paid or accrued (or deemed paid under section 960) to any country described in paragraph (2)(C)(i) with respect to income attributable to any period described in paragraph (2)(C)(ii). . (c) Special transition rules for taxpayers exiting countries for which foreign tax credit is denied (1) In general If— (A) any portion of a taxable year of a taxpayer occurs during the post-exit period, and (B) such taxpayer is an applicable taxpayer for such portion of the taxable year with respect to a foreign country to which section 901(j)(2)(C) of the Internal Revenue Code of 1986 (as added by subsection (a)) applies, then, notwithstanding such section 901(j)(2)(C), sections 901(j)(1)(B) and 952(a)(5) of such Code shall not apply to income derived by the taxpayer from such foreign country during such portion of such taxable year. (2) Applicable taxpayer (A) In general A taxpayer is an applicable taxpayer with respect to a foreign country for any portion of a taxable year occurring during the post-exit period if— (i) the gross receipts of the taxpayer for such portion derived from such foreign country (determined under rules substantially similar to the rules of part I of subchapter N of chapter 1 of the Internal Revenue Code of 1986) are— (I) in the case of the period beginning with the first day of the first month beginning after the first day of the post-exit period and ending with the last day of the first taxable year ending on or after such date, less than 15 percent of such gross receipts derived during the pre-exit period, and (II) in the case of any taxable year beginning after the first day of the post-exit period, less than 5 percent of such gross receipts derived during the pre-exit period, or (ii) the taxpayer meets such other requirements as the Secretary of the Treasury (or the Secretary's delegate) may by regulation or guidance prescribe to determine whether a taxpayer has exited from doing business in such foreign country. (B) Rules for determining gross receipts (i) Aggregation rules The rules of section 448(c)(2) shall apply for purposes of this paragraph, except that— (I) in applying section 52(a), the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded, and (II) in applying section 52(b), the principles which apply under section 52(a) shall include the modification under subclause (I) and the term trade or business shall include any activity treated as a trade or business under paragraph (5) or (6) of section 469(c) (determined without regard to the phrase, To the extent provided in regulations in such paragraph (6)). (ii) Special rules The rules of section 448(c)(3) shall apply for purposes of this paragraph, except that in applying subparagraph (B) thereof to a taxable year in which the entire taxable year does not occur during the post-exit period, the portion of the year during such period shall be treated as a short taxable year for purposes of determining annualized gross receipts. (iii) Receipts related to humanitarian purposes For purposes of this subsection, gross receipts shall not include amounts— (I) which are covered under general or specific licenses of the Office of Foreign Assets Control of the Department of the Treasury which have been identified by the Secretary of the Treasury (or the Secretary's delegate) as licenses to which this clause applies, or (II) which the Secretary of the Treasury (or the Secretary's delegate) has otherwise identified as humanitarian in nature. (3) Periods For purposes of this subsection— (A) Pre-exit period The term pre-exit period means— (i) except as provided in clause (ii), the 12-month period ending on December 31, 2021, and (ii) in the case of a taxpayer with a taxable year which ends on or after November 30, 2021, and before February 24, 2022, such taxable year. (B) Post-exit period The term post-exit period means, with respect to any foreign country, the period during which section 901(j)(2)(C) of the Internal Revenue Code of 1986 (as added by subsection (a)) applies to such foreign country (determined without regard to this subsection). (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 3. Denial of certain other tax benefits in connection with the invasion of Ukraine (a) In general In the case of any person to whom this section applies— (1) section 892(a) of the Internal Revenue Code of 1986 (relating to income of foreign governments) shall not apply to income received during the period this section applies to such person, (2) notwithstanding section 894 of such Code, such Code shall be applied to such person without regard to any treaty obligation of the United States during the period this section applies to such person, (3) section 895 of such Code (relating to income derived by a foreign central bank of issue from obligations of the United States or from bank deposits) shall not apply to any central bank of such person, (4) sections 871(h) (relating to repeal of tax on interest of nonresident alien individuals received from certain portfolio debt investments) and 881(c) (relating to repeal of tax on interest of foreign corporations received from certain portfolio debt investments) of such Code shall not apply to interest received during the period this section applies to such person, (5) section 864(b) of such Code (relating to trade or business within the United States) shall be applied without regard to paragraph (2) thereof (relating to exception for trading in securities or commodities) with respect to the period during which this section applies to such person, (6) section 883 of such Code (relating to exclusion of income from shipping, etc.) shall not apply to income or earnings received during the period this section applies to such person, and (7) notwithstanding section 897(l) of such Code, any trust, corporation, or other organization or arrangement established by such person shall not be treated as a qualified foreign pension fund under section 897 of such Code during the period this section applies to such person. (b) Persons to whom this section applies (1) In general This section shall apply to— (A) any person with respect to which sanctions have been imposed by the United States in relation to the invasion of Ukraine by the Russian Federation that began on February 24, 2022, (B) the government of any foreign country to which section 901(j)(2)(C) of the Internal Revenue Code of 1986 applies, and (C) any other person identified by the Secretary as— (i) a person described in paragraph (2), and (ii) a person with respect to which the application of this section would advance efforts to restore and maintain the peace, security, stability, sovereignty, and territorial integrity of Ukraine (as determined by the Secretary in consultation with the Secretary of State). (2) Persons described A person is described in this paragraph if such person— (A) is a person that— (i) is participating or has participated in the invasion of Ukraine, and (ii) either— (I) owns, directly or indirectly, at least $1,000,000 of assets in the United States, or (II) has, for the most recent calendar year, at least $1,000,000 of income from sources within the United States, (B) is an entity that— (i) is organized in, or a tax resident of, a foreign country (including any subdivision thereof) to which section 901(j)(2)(C) of such Code applies, (ii) is not a controlled foreign corporation (as defined in section 957 of such Code), and (iii) has provided or sold goods or services to a government (including any instrumentality thereof) to which section 901(j)(2)(C) of such Code applies, (C) is an executive, board member, or officer of an entity described in subparagraph (B), or (D) is a person that is related to any other person to which this section applies. (3) Special rules for controlled entities Under regulations provided by the Secretary— (A) In general The Secretary may treat a person controlled (within the meaning of section 954(d)(3) of the Internal Revenue Code of 1986) by a person described in paragraph (1) as a person to whom this section applies without regard to whether such controlled person has been identified by the Secretary under paragraph (1)(C). (B) Notification (i) In general The Secretary may require any person treated as a person to whom this section applies by reason of subparagraph (A) to provide notice to the Secretary and to each withholding agent of such person that this section applies to such person. (ii) Penalties For purposes of applying part II of subchapter B of chapter 68 of the Internal Revenue Code of 1986— (I) any notice required to be provided to the Secretary under clause (i) shall be treated as an information return described in section 6724(d)(1) of such Code, and (II) any notice required to be provided to a withholding agent under clause (i) shall be treated as a payee statement described in section 6724(d)(2) of such Code. (c) Period for which this section applies For purposes of this section— (1) In general This section applies to any person described in subsection (b) during the period— (A) except as provided in paragraph (2), beginning on the date that is 30 days after the later of— (i) the date of the enactment of this Act, or (ii) the date such person is first described in subsection (b), and (B) ending on the date such person is no longer described in subsection (b). (2) Special rules for portfolio interest (A) In general For purposes of applying subsection (a)(4), except as provided in subparagraph (B), the period described in paragraph (1) shall begin on the later of— (i) the date that is 180 days (60 days in the case of obligations issued on or after the date of the enactment of this Act) after the date of enactment of this Act, or (ii) 60 days after the date such person first becomes described in subsection (b). (B) Significant modifications If, after the date of the enactment of this Act, there is a significant modification of an obligation issued before the date of the enactment of this Act, then, for purposes of applying subsection (a)(4), the period described in paragraph (1) shall begin on the later of— (i) the earlier of— (I) the day that is 60 days after the date of such significant modification, or (II) the day that is 180 days after the date of the enactment of this Act, or (ii) the date that is 60 days after the date such person first become described in subsection (b). (d) Definitions For purposes of this section— (1) Secretary The term Secretary means the Secretary of the Treasury. (2) Related A person (hereinafter in this paragraph referred to as the related person ) is related to any person if— (A) the related person bears a relationship to such person which is— (i) specified in section 267(b) or 707(b)(1) of the Internal Revenue Code of 1986, or (ii) specified in the regulations prescribed under subsection (f), or (B) the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52 of such Code, determined after the application of the rules of section 2(c)(2)(B)(i)). (e) Reports Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report detailing the parameters, processes, and justifications by which a person is identified by the Secretary under (b)(1)(C) of this section. (f) Regulations The Secretary shall prescribe such regulations, rules, or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section. 4. Suspension of tax information exchanges If there is a tax convention (within the meaning of section 6105(c)(2) of the Internal Revenue Code of 1986) providing for the exchange of tax information between the United States and any foreign country to which section 901(j)(2)(C) of such Code (as added by section 2(a)) applies, the Secretary of the Treasury (or the Secretary's delegate) shall not exchange such tax information with such foreign country during the period that such section applies to such foreign country. 5. Treaty obligations This Act and the amendments made by this Act shall be applied without regard to any treaty obligation of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4218is/xml/BILLS-117s4218is.xml |
117-s-4219 | II 117th CONGRESS 2d Session S. 4219 IN THE SENATE OF THE UNITED STATES May 12, 2022 Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to provide that any mandatory predispute or coerced postdispute arbitration clause, class action waiver, representation waiver, or discretionary clause with respect to a plan is unenforceable, to prohibit any such clause or waiver from being included in a plan document or other agreement with plan participants, and for other purposes.
1. Short title This Act may be cited as the Employee and Retiree Access to Justice Act of 2022 . 2. Unenforceable arbitration clauses, class action waivers, representation waivers, and discretionary clauses (a) In general Section 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ) is amended by adding at the end the following: (n) (1) In any civil action brought by, or on behalf of, a participant or beneficiary pursuant to this section or with respect to a common law claim involving a plan or plan benefit, notwithstanding any other provision of law— (A) no predispute arbitration provision shall be valid or enforceable if it requires arbitration of a matter related to a claim brought under this section; (B) no postdispute arbitration provision shall be valid or enforceable unless— (i) the provision was not required by any person, obtained by coercion or threat of adverse action, or made a condition of participating in a plan, receiving benefits under a plan, or receiving any other employment, work, or any employment-related or work-related privilege or benefit; (ii) each participant or beneficiary agreeing to the provision was informed, through a paper notice, in a manner reasonably calculated to be understood by the average plan participant, of the right of the participant or beneficiary under subparagraph (C) to refuse to agree to the provision without retaliation or threat of retaliation; (iii) each participant or beneficiary agreeing to the provision so agreed after a waiting period of not fewer than 45 days, beginning on the date on which the participant or beneficiary was provided both the final text of the provision and the disclosures required under clause (ii); and (iv) each participant or beneficiary agreeing to the provision affirmatively consented to the provision in writing; (C) no covered provision shall be valid or enforceable, if prior to a dispute to which the covered provision applies, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim available under this section in any forum that, but for such covered provision, is of competent jurisdiction; (D) no covered provision shall be valid or enforceable, if after a dispute to which the covered provision applies arises, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim under this section in any forum that, but for such covered provision, is of competent jurisdiction, unless the covered provision meets the requirements of subparagraph (B); and (E) no covered provision related to a plan other than a multiemployer plan shall be valid or enforceable that purports to confer discretionary authority to any person with respect to benefit determinations or interpretation of plan language, or to provide a standard of review of such determinations or interpretation by a reviewing court in an action brought under this section that would require anything other than de novo review of such determinations or interpretation. (2) In this subsection— (A) the term covered provision means any document, instrument, or agreement related to a plan or plan benefit, regardless of whether such provision appears in a plan document or in a separate agreement; (B) the term predispute arbitration provision means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that had not yet arisen at the time such provision took effect; (C) the term postdispute arbitration provision means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that arose before the time such provision took effect; and (D) the term retaliation means any action in violation of section 510. (3) (A) Any dispute as to whether a covered provision that requires a participant or beneficiary to arbitrate a dispute related to a plan is valid and enforceable shall be determined by a court, rather than an arbitrator, regardless of whether any contractual provision purports to delegate such determinations to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. (B) For purposes of this subsection, a dispute shall be considered to arise only when a plaintiff has actual knowledge (within the meaning of such term in section 413) of a breach or violation giving rise to a claim under this section. . (b) Regulations The Secretary of Labor may promulgate such regulations as may be necessary to carry out the amendment made by subsection (a), including providing for the form and content of notices required pursuant to such amendment. 3. Prohibition on mandatory arbitration clauses, class action waivers, representation waivers, and discretionary clauses Section 402 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1102 ) is amended by adding at the end the following: (d) (1) No covered person may— (A) require participants or beneficiaries to agree to a predispute arbitration provision as a condition for participation in, or receipt of benefits under, a plan; (B) agree to a postdispute arbitration provision with a participant or beneficiary with respect to a plan or plan benefit unless the conditions of clauses (i) through (iv) of section 502(n)(1)(B) are satisfied with respect to such provision; or (C) agree to any other covered provision with respect to a plan or plan benefit under any circumstances under which such provision would not be valid and enforceable under subparagraphs (C) through (E) section 502(n)(1). (2) In this subsection— (A) the term covered person means— (i) a plan; (ii) a plan sponsor; (iii) an employer; or (iv) a person engaged by a plan for purposes of administering or operating the plan; and (B) the terms covered provision , predispute arbitration provision and postdispute arbitration provision have the meanings given such terms in section 502(n)(2). . 4. Effective date (a) In general The amendments made by sections 2 and 3 shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date, including any dispute or claim to which a provision predating such date applies, regardless of whether plan documents have been updated in accordance with such amendments. (b) Enforcement with respect to plan document updates Notwithstanding subsection (a), no person shall be deemed to be in violation of such amendments on account of plan documents that have not been updated in accordance with such amendments until after the beginning of the first plan year that begins on or after the date that is 1 year after the date of enactment of this Act, provided that such person acts in accordance with such amendments during the period in which the plan documents have not been updated. | https://www.govinfo.gov/content/pkg/BILLS-117s4219is/xml/BILLS-117s4219is.xml |
117-s-4220 | II 117th CONGRESS 2d Session S. 4220 IN THE SENATE OF THE UNITED STATES May 16, 2022 Mr. Rubio (for himself and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to require Visa Waiver Program countries to share watch list information about known or suspected terrorists and to fully cooperate with United States law enforcement entities in preventing and combating serious crime.
1. Short title This Act may be cited as the Securing the Visa Waiver Program Act . 2. Visa Waiver Program information sharing agreements (a) In general Section 217(c)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(F) ) is amended to read as follows: (F) Information sharing agreements (i) Security threats The government of the country enters into an agreement with the United States to share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens, and fully implements such agreement. (ii) Terrorist watch lists The government of the country enters into an agreement with the United States to share thorough, accurate, and current information about citizens and nationals of that country who are known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, and fully implements such agreement. (iii) Enhancing cooperation in preventing and combating serious crime The government of the country enters into an agreement with the United States to establish frameworks for enhanced law enforcement cooperation, including the exchange of biometric and biographic data relating to citizens and nationals of that country who have engaged in, or are appropriately suspected of engaging in, an aggravated felony, and sharing any relevant underlying information for law enforcement purposes, and fully implements such agreement. . (b) Effect of failure to comply with information sharing agreements Section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) ) is amended by adding at the end the following: (13) Effect of failure to comply with information sharing agreements (A) In general The Secretary of Homeland Security shall immediately terminate the designation of a country as a program country if such country fails to comply with the requirements under subparagraph (D) or (F) of paragraph (2) within— (i) the three-month period beginning on the date of the enactment of this paragraph, if such country was a program country on such date of enactment; or (ii) the six-month period beginning on the date on which such country became a program country. (B) Eligibility to rejoin A program country whose participation in the program is terminated pursuant to subparagraph (A) may be permitted to rejoin the program by producing evidence that the country has come into compliance and continuously complied with subparagraphs (D) and (F) of paragraph (2) for a period, as determined by the Secretary of Homeland Security, that is at least as long as the longer of— (i) the period during which the country was out of compliance with such subparagraphs; or (ii) the most recent 3-month period. . | https://www.govinfo.gov/content/pkg/BILLS-117s4220is/xml/BILLS-117s4220is.xml |
117-s-4221 | II 117th CONGRESS 2d Session S. 4221 IN THE SENATE OF THE UNITED STATES May 16, 2022 Mr. Padilla (for himself, Mrs. Murray , Mr. Sanders , Mr. Van Hollen , and Ms. Warren ) 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 achieve parity between the cost-of-living adjustment with respect to an annuity under the Federal Employees Retirement System and an annuity under the Civil Service Retirement System, and for other purposes.
1. Short title This Act may be cited as the Equal COLA Act . 2. Increase in COLA for FERS annuities (a) In general Section 8462 of title 5, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by adding and at the end; (B) in paragraph (2), by striking ; and and inserting a period; and (C) by striking paragraph (3); and (2) by amending subsection (b)(1) to read as follows: (b) (1) Except as provided in subsection (c), effective December 1 of each year, each annuity payable from the Fund having a commencing date not later than such December 1 shall be increased by the percent change in the price index for the base quarter of such year over the price index for the base quarter of the preceding year in which an adjustment under this subsection was made, adjusted to the nearest 1/10 of 1 percent. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this Act. (c) Application The amendments made by subsection (a) shall apply to— (1) any cost-of-living adjustment under section 8462 of title 5, United States Code, made after the effective date described in subsection (b); and (2) any annuity covered by section 8462 of title 5, United States Code, commencing before, on, or after the effective date described in subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s4221is/xml/BILLS-117s4221is.xml |
117-s-4222 | II 117th CONGRESS 2d Session S. 4222 IN THE SENATE OF THE UNITED STATES May 16, 2022 Mr. King introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the St. Croix National Heritage Area, and for other purposes.
1. Short title This Act may be cited as the St. Croix National Heritage Area Act . 2. Definitions In this Act: (1) Heritage area The term Heritage Area means the St. Croix National Heritage Area established by section 3(a). (2) Local coordinating entity The term local coordinating entity means the local coordinating entity for the Heritage Area designated by section 3(d)(1). (3) Management plan The term management plan means the management plan for the Heritage Area required under section 5(a). (4) Secretary The term Secretary means the Secretary of the Interior. (5) St. Croix The term St. Croix means St. Croix, United States Virgin Islands. (6) State The term State means the United States Virgin Islands. 3. St. Croix National Heritage Area (a) Establishment There is established in the State the St. Croix National Heritage Area. (b) Boundaries The Heritage Area shall consist of the entire island of St. Croix. (c) Map A map of the Heritage Area shall be— (1) included in the management plan; and (2) on file and available for public inspection in the appropriate offices of the National Park Service. (d) Local coordinating entity (1) In general The local coordinating entity for the Heritage Area shall be the Virgin Islands State Historic Preservation Office. (2) Consultation requirement The local coordinating entity shall consult with a broad cross section of businesses, individuals, agencies, and organizations within the boundaries of the Heritage Area described in subsection (b) that were involved in the planning and development of the Heritage Area before the date of enactment of this Act. 4. Administration (a) Authorities For purposes of carrying out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this Act— (1) to make grants to the State or a political subdivision of the State, Indian Tribes, nonprofit organizations, and other persons; (2) to enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, Indian Tribes, nonprofit organizations, and other interested parties; (3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection and heritage programming; (4) to obtain funds or services from any source, including any funds or services that are provided under any other Federal law or program; (5) to contract for goods or services; and (6) to undertake to be a catalyst for any other activity that— (A) furthers the Heritage Area; and (B) is consistent with the approved management plan. (b) Duties The local coordinating entity shall— (1) assist Federal agencies, the State or a political subdivision of the State, Indian Tribes, regional planning organizations, nonprofit organizations, and other interested parties in carrying out the management plan by— (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area; (2) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (3) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (4) for any year for which Federal funds have been received under this Act— (A) submit to the Secretary an annual report that describes, for the period covered by the report— (i) the activities of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) any entities to which the local coordinating entity made grants; (B) make available to the Secretary for audit all records relating to the expenditure of the Federal funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records relating to the expenditure of the Federal funds; and (5) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Area. (c) Prohibition on the acquisition of real property The local coordinating entity may not use Federal funds made available under this Act to acquire real property or any interest in real property. 5. Management plan (a) In general Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements The management plan shall— (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration Federal, State, and Tribal plans and treaty rights; (3) include— (A) an inventory of— (i) the resources located in the Heritage Area; and (ii) any other property in the Heritage Area that— (I) is related to the themes of the Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical, cultural, scenic, and recreational resources of the Heritage Area; (D) a program of implementation for the management plan by the local coordinating entity that includes a description of— (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which Federal, State, and Tribal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (G) an interpretive plan for the Heritage Area; and (4) recommend policies and strategies for resource management that consider and describe the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (c) Deadline If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity may not receive additional funding under this Act until the date on which the Secretary approves the management plan. (d) Approval or disapproval of management plan (1) In general Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Considerations In determining whether to approve the management plan, the Secretary shall consider whether— (A) the local coordinating entity is representative of the diverse interests of the Heritage Area; (B) the local coordinating entity has provided adequate opportunity (including public hearings) for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (3) Action following disapproval If the Secretary disapproves the management plan under paragraph (1), the Secretary shall— (A) advise the local coordinating entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the date of receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (4) Amendments (A) In general The Secretary shall review and approve or disapprove substantial amendments to the management plan. (B) Use of funds The local coordinating entity shall not use Federal funds appropriated under this Act to carry out any amendments to the management plan until the Secretary has approved the amendments. 6. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (c) Other federal agencies Nothing in this Act— (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 7. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any owner of private or public property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner— (A) to permit public access (including access by Federal or State agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal or State law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal or State agency; (4) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) enlarges or diminishes the treaty rights of any Indian Tribe within the Heritage Area; (7) diminishes— (A) the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting, within the Heritage Area; or (B) the authority of Indian Tribes to regulate members of Indian Tribes with respect to fishing, hunting, and gathering in the Heritage Area in the exercise of treaty rights; or (8) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 8. Evaluation and report Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under section 10, the Secretary shall— (1) conduct an evaluation of the accomplishments of the Heritage Area, under which the Secretary shall— (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of this Act for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, and private investments in the Heritage Area to determine the impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area; and (2) based on the evaluation conducted under paragraph (1), submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. 9. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Availability Amounts made available under subsection (a) shall remain available until expended. (c) Cost-Sharing requirement (1) In general The Federal share of the total cost of any activity carried out using funds made available under this Act shall be not more than 50 percent. (2) Form The non-Federal share of the total cost of any activity carried out using funds made available under this Act may be in the form of in-kind contributions of goods or services fairly valued. 10. Termination of authority The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4222is/xml/BILLS-117s4222is.xml |
117-s-4223 | II 117th CONGRESS 2d Session S. 4223 IN THE SENATE OF THE UNITED STATES May 16, 2022 Mr. Tester (for himself, Mr. Moran , Mrs. Murray , Mr. Boozman , Mr. Sanders , Mr. Rounds , Mr. Blumenthal , Mr. Tillis , Ms. Hirono , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To increase, effective as of December 1, 2022, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes.
1. Short title This Act may be cited as the Veterans’ Compensation Cost-of-Living Adjustment Act of 2022 . 2. Increase in rates of disability compensation and dependency and indemnity compensation (a) Rate adjustment Effective on December 1, 2022, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2022, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To be increased The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) are increased effective December 1, 2022, as a result of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ). (d) Special rule The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. 3. Publication of adjusted rates The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act ( 42 U.S.C. 415(i)(2)(D) ) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s4223is/xml/BILLS-117s4223is.xml |
117-s-4224 | II 117th CONGRESS 2d Session S. 4224 IN THE SENATE OF THE UNITED STATES May 16, 2022 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the expenditure of an equal amount on border security as on the Ukraine Security Assistance Initiative and to confiscate Russian assets and make such assets available for border security, and for other purposes.
1. Short title This Act may be cited as the Make Border Security a Priority Act of 2022 . 2. Requirement to expend equal amount on border security as on Ukraine Security Assistance Initiative During fiscal years 2022 and 2023, the Secretary of Homeland Security shall expend on efforts to enhance security along the southern land border of the United States an amount that is equal to the amount appropriated to the Secretary of Defense for the Ukraine Security Assistance Initiative for that fiscal year. 3. Confiscation of assets of Russian persons subject to sanctions; use of funds for border security (a) Confiscation (1) In general The President— (A) may confiscate and vest, through instructions or licenses or in such other manner as the President determines appropriate, property described in paragraph (2); (B) may liquidate or sell any of such property; and (C) shall deposit any funds confiscated and vested under subparagraph (A) and any funds resulting from the liquidation or sale of property under subparagraph (B) in the account established under subsection (b). (2) Property described Property described in this paragraph is funds and other property (including cryptocurrency)— (A) of Russian persons subject to sanctions imposed by the United States; and (B) subject to the jurisdiction of the United States. (3) Vesting All right, title, and interest in funds and other property confiscated under paragraph (1) shall vest in the Government of the United States. (b) Establishment of account for confiscated property (1) In general The President shall establish a non-interest-bearing account to consist of the funds deposited into the account under subsection (a)(1)(C). (2) Use of funds The funds in the account established under paragraph (1) shall be available, without further appropriation, to the Secretary of Homeland Security for physical infrastructure and equipment for U.S. Customs and Border Protection to enhance security along the southern land border of the United States as required by section 2. (c) Russian person defined In this section, the term Russian person means— (1) an individual who is a citizen or national of the Russian Federation; or (2) an entity organized under the laws of the Russian Federation. | https://www.govinfo.gov/content/pkg/BILLS-117s4224is/xml/BILLS-117s4224is.xml |
117-s-4225 | II 117th CONGRESS 2d Session S. 4225 IN THE SENATE OF THE UNITED STATES May 16, 2022 Ms. Hassan introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating the Canterbury Shaker Village National Heritage Area, and for other purposes.
1. Short title This Act may be cited as the Canterbury Shaker Village National Heritage Area Study Authorization Act . 2. Findings Congress finds that— (1) Canterbury Shaker Village, which was established in 1792, has played a prominent role in the history of the United Society of Believers, commonly known as the Shakers , which was the longest-lived and most successful of the several utopian experiments of the 19th century in the United States; (2) the advent and growth of the Shaker movement was a significant component of a transformational religious and social fervor in the United States— (A) which is known as the Second Great Awakening ; and (B) that led to the development of a number of churches and sects that diversified and enriched the society of the United States; (3) the Shakers— (A) were a communal and celibate religious group that saw work, music, and dance as worship; (B) practiced equality of the sexes, pacifism, and technological invention; and (C) by withdrawing from the larger society, developed a refined and aesthetically significant expression of architecture, decorative arts, and utilitarian objects that are now known and studied throughout the world; (4) Canterbury Shaker Village played an increasingly important role in the Shaker movement, eventually becoming the home of the Shaker Central Ministry, which supervised the consolidation at Canterbury Shaker Village of other Shaker settlements as the other settlements declined and closed during the 20th century, preserving and distilling remnants of the societies at a single site; (5) Canterbury Shaker Village was the only Shaker community to deliberately transform the community from a religious society to a nonprofit museum, Canterbury Shaker Village, Inc., to which, in 1969, Canterbury Shaker Village conveyed the land, buildings, furnishings, and archives of Canterbury Shaker Village as an intact legacy; (6) in 1992, in recognition of the historical significance and physical integrity of Canterbury Shaker Village, Canterbury Shaker Village was designated as a National Historic Landmark; (7) as of the date of enactment of this Act, Canterbury Shaker Village includes— (A) approximately 700 acres of land; (B) 25 buildings; and (C) extensive and verified archaeological resources, gardens, orchards, a community cemetery, miles of roadways, stone culverts and walls, and a chain of manmade ponds that have powered a range of industries, including some industries that derived from the inventions of the Shakers; and (8) Canterbury Shaker Village has been the beneficiary of years of concentrated surveying, mapping, photographic recordation, archaeological investigation, and documentary research and writing that— (A) reflect a fascination on the part of the outside world with Canterbury Shaker Village that began in the early 1800s; (B) are scholarly and popular in nature; and (C) have defined a cultural landscape and a historical legacy that is of national significance and high educational and aesthetic value to the people of the United States. 3. Definitions In this Act: (1) Heritage area The term Heritage Area means the Canterbury Shaker Village National Heritage Area. (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means the State of New Hampshire. (4) Study area The term study area means the geographic boundaries of the Canterbury Shaker Village National Historic Landmark located in Merrimack County, New Hampshire. 4. Study (a) In general The Secretary, in consultation with State and local historic preservation officers, State and local historical societies, State and local tourism offices, and other appropriate organizations and governmental agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as a National Heritage Area, to be known as the Canterbury Shaker Village National Heritage Area . (b) Requirements The study shall include analysis, documentation, and determinations on whether the study area— (1) has an assemblage of natural, historic, and cultural resources that— (A) represent distinctive aspects of the heritage of the United States; (B) are worthy of recognition, conservation, interpretation, and continuing use; and (C) would be best managed— (i) through partnerships among public and private entities; and (ii) by linking diverse and sometimes noncontiguous resources and active communities; (2) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (3) provides outstanding opportunities— (A) to conserve natural, historic, cultural, or scenic features; and (B) for recreation and education; (4) contains resources that— (A) are important to any identified themes of the study area; and (B) retain a degree of integrity capable of supporting interpretation; (5) includes residents, business interests, nonprofit organizations, and State and local governments that— (A) are involved in the planning of the Heritage Area; (B) have developed a conceptual financial plan that outlines the roles of all participants in the Heritage Area, including the Federal Government; and (C) have demonstrated support for the designation of the Heritage Area; (6) has a potential management entity to work in partnership with the individuals and entities described in paragraph (5) to develop the Heritage Area while encouraging State and local economic activity; and (7) has a conceptual boundary map that is supported by the public. 5. Report Not later than 3 years after the date on which funds are first made available to carry out this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the findings of the study under section 4; and (2) any conclusions and recommendations of the Secretary. | https://www.govinfo.gov/content/pkg/BILLS-117s4225is/xml/BILLS-117s4225is.xml |
117-s-4226 | II 117th CONGRESS 2d Session S. 4226 IN THE SENATE OF THE UNITED STATES May 16, 2022 Mr. Rubio (for himself, Ms. Hassan , Mr. Scott of Florida , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To designate baby formula as a scarce and critical material under the Defense Production Act of 1950, and for other purposes.
1. Short title This Act may be cited as the Urgently Feeding America’s Babies Act of 2022 . 2. Designation of infant formula as critical material Immediately upon the date of the enactment of this Act, the President shall determine under subsection (b) of section 101 of the Defense Production Act of 1950 ( 50 U.S.C. 4511 ) that— (1) infant formula is scarce and a critical material essential to the national defense; and (2) the requirements of the national defense for infant formula cannot be met without exercising the authority provided by subsection (a) of that section. 3. Waiver by Food and Drug Administration (a) In general Not later than 15 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall implement a process under which the Secretary may issue waivers, with respect to an infant formula that is available for commercial use in the European Union, of the requirements of sections 412 and 415 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ; 350d), and other applicable requirements of such Act, as appropriate, in order to allow for the introduction into interstate commerce of such infant formula in the United States. (b) Publication of guidelines The Secretary shall publish safety guidelines for each infant formula for which a waiver is issued under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4226is/xml/BILLS-117s4226is.xml |
117-s-4227 | II 117th CONGRESS 2d Session S. 4227 IN THE SENATE OF THE UNITED STATES May 16, 2022 Mr. Hoeven (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To streamline the oil and gas permitting process and to recognize fee ownership for certain oil and gas drilling or spacing units, and for other purposes.
1. Compliance with BLM permitting (a) In general Notwithstanding any other provision of law but subject to any State requirements, a Bureau of Land Management drilling permit shall not be required under the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. ) or section 3164.1 of title 43, Code of Federal Regulations (or a successor regulation), for an action occurring within an oil and gas drilling or spacing unit if— (1) less than 50 percent of the minerals within the oil and gas drilling or spacing unit are minerals owned by the Federal Government; and (2) the Federal Government does not own or lease the surface estate within the area directly impacted by the action. (b) Notification Each State with an approved permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government shall notify the Secretary of the Interior of the approved permit to drill or drilling plan not later than 45 days after the date on which the permit or plan is approved. (c) Royalties Nothing in this section affects the amount of royalties due to the Federal Government from the production of the Federal minerals within the oil and gas drilling or spacing unit. | https://www.govinfo.gov/content/pkg/BILLS-117s4227is/xml/BILLS-117s4227is.xml |
117-s-4228 | II 117th CONGRESS 2d Session S. 4228 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mr. Barrasso (for himself, Ms. Lummis , Mr. Risch , Mr. Marshall , Mr. Hoeven , Mr. Cruz , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to immediately resume oil and gas lease sales, and for other purposes.
1. Short title This Act may be cited as the Lease Now Act of 2022 . 2. Onshore oil and gas leasing (a) Definitions In this section: (1) Onshore oil and gas lease sale The term onshore oil and gas lease sale means an oil and gas lease sale conducted under section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ). (2) Secretary The term Secretary means the Secretary of the Interior. (b) Onshore oil and gas lease sales (1) Congressional declaration of policy Consistent with the policy described in section 102(a)(12) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701(a)(12) ) that the Bureau of Land Management manage public land in a manner which recognizes the Nation’s need for domestic sources of minerals from public land, Congress declares that it is the policy of the United States that it is in the national interest for the Department of the Interior to move forward expeditiously to immediately resume— (A) onshore oil and gas lease sales; and (B) the processing and authorization of onshore oil and gas permits. (2) Requirement to immediately resume onshore oil and gas lease sales (A) In general The Secretary shall immediately resume quarterly onshore oil and gas lease sales in accordance with section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) ). (B) Third quarter lease sale The Secretary shall immediately begin the leasing process for the quarterly onshore oil and gas lease sale for the third quarter of calendar year 2022, including the scoping process, if needed. (C) Minimum statutory lease terms During the 5-year period beginning on the date of enactment of this Act, the Secretary shall offer all onshore oil and gas lease sales subject to the following minimum lease terms: (i) A royalty rate of 12.5 percent. (ii) A minimum acceptable bid of $2 per acre. (iii) Rental rates of— (I) not less than $1.50 per acre per year for the first through fifth years of the onshore oil and gas lease; and (II) not less $2 per acre per year for each year thereafter of the onshore oil and gas lease. (iv) The applicable bond amount pursuant to subpart 3104 of part 3100 of title 43, Code of Federal Regulations (as in effect as of the date of enactment of this Act). (D) Resource management plan requirement In conducting an onshore oil and gas lease sale in a State described in section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) ), the Secretary shall offer not less than 70 percent of parcels nominated for oil and gas development under the applicable resource management plan in effect for relevant Bureau of Land Management resource management areas within the applicable State. (E) Replacement sales If, for any reason, an onshore oil and gas lease sale for a calendar year is canceled, delayed, or deferred or is paused due to section 208 of Executive Order 14008 ( 42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad), the Secretary shall conduct a replacement sale by not later than 3 calendar years after the date of the cancellation, delay, deferral, or pause, as applicable. 3. Offshore oil and gas leasing (a) 2017–2022 oil and gas leasing program (1) In general The Secretary shall conduct all lease sales described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) that have not been conducted as of the date of enactment of this Act by not later than December 31, 2023. (2) Lease sale 257 Not later than 30 days after the date of enactment of this Act, the Secretary shall issue leases to the successful bidders for Gulf of Mexico Lease Sale 257 conducted on November 17, 2021. (b) 2022–2027 outer continental shelf oil and gas leasing program (1) In general Notwithstanding any other provision of law, not later than June 30, 2022, the Secretary of the Interior (referred to in this section as the Secretary ) shall approve a final 2022–2027 oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ). (2) Waiver In order to meet the deadline described in paragraph (1), the Secretary may— (A) limit any comment periods required under subsections (c) and (d) of section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ); and (B) waive any other requirements under that section that would delay final approval of the oil and gas leasing program described in paragraph (1). (3) Requirements The oil and gas leasing program described in paragraph (1) shall include not fewer than 10 lease sales in the Gulf of Mexico and Alaska regions of the outer Continental Shelf, with a minimum of 2 lease sales to be held in those regions each calendar year, not fewer than 1 of which shall be in the Gulf of Mexico region. (4) Limitation The royalty rate for a lease issued under the oil and gas leasing program described in paragraph (1) shall not exceed 18.75 percent. (c) Subsequent offshore leasing programs Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended— (1) in subsection (a), in the first sentence of the matter preceding paragraph (1), by striking subsections (c) and (d) of this section and inserting subsections (c) through (f) ; (2) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and (3) by inserting after subsection (e) the following: (f) Subsequent leasing programs (1) In general Not later than 36 months after conducting the first lease sale under an oil and gas leasing program prepared pursuant to this section, the Secretary shall begin preparing the subsequent oil and gas leasing program under this section. (2) Requirement Each subsequent oil and gas leasing program under this section— (A) shall be approved not later than 180 days before the expiration of the previous oil and gas leasing program; and (B) shall contain a minimum of 5 lease sales. . 4. Prohibition on delays (a) In general The President shall not, through Executive order or any other administrative procedure, pause, cancel, delay, defer, or otherwise impede or circumvent the Federal energy mineral leasing processes under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), without Congressional approval. (b) Rebuttable presumption There shall be a rebuttable presumption that any attempt by the President to pause, cancel, delay, defer, or otherwise impede or circumvent any Federal energy mineral leasing or permitting process under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), without Congressional approval, is a violation of the applicable law. | https://www.govinfo.gov/content/pkg/BILLS-117s4228is/xml/BILLS-117s4228is.xml |
117-s-4229 | II 117th CONGRESS 2d Session S. 4229 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mr. Barrasso (for himself, Ms. Lummis , Mr. Risch , Mr. Marshall , Mr. Hoeven , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To empower States to manage the development and production of oil and gas on available Federal land, and for other purposes.
1. Short title This Act may be cited as the Opportunities for the Nation and States to Harness Onshore Resources for Energy Act or the ONSHORE Act . 2. Clarification of authority Section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) ) is amended by striking may be leased by the Secretary. and inserting the following: “shall be leased by the Secretary of the Interior, or for National Forest System land, the Secretary of Agriculture, unless— (1) otherwise excluded under this Act; or (2) the Secretary of the Interior or the Secretary of Agriculture, as applicable, shows good cause for why such land should not be leased. . 3. Cooperative federalism in oil and gas permitting on available Federal land (a) In general The Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) is amended— (1) by redesignating section 44 as section 47; and (2) by adding after section 43 the following: 44. Cooperative federalism in oil and gas permitting on available Federal land (a) Definitions In this section: (1) APD The term APD means a permit— (A) that grants authority to drill for oil and gas; and (B) for which an application has been received that includes— (i) a drilling plan; (ii) a surface use plan of operations described in section 3162.3–1(f) of title 43, Code of Federal Regulations (or a successor regulation); and (iii) evidence of bond coverage. (2) Available Federal land The term available Federal land means any Federal land that— (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian Tribe or a member of a federally recognized Indian Tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System, other than a unit of the National Wildlife Refuge System for which oil and gas drilling is allowed under law; (E) is not a congressionally approved wilderness area under the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (F) has been identified as land available for lease, or has been leased, for the exploration, development, and production of oil and gas— (i) by the Bureau of Land Management under— (I) a resource management plan under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); or (II) an integrated activity plan with respect to the National Petroleum Reserve–Alaska; or (ii) by the Forest Service under a National Forest management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ). (3) Drilling plan The term drilling plan means a plan described in section 3162.3–1(e) of title 43, Code of Federal Regulations (or a successor regulation). (4) Secretary The term Secretary means the Secretary of the Interior. (5) State applicant The term State applicant means a State that submits an application under subsection (c). (6) State program The term State program means a program in a State under which the State may— (A) issue APDs, approve drilling plans, approve sundry notices, approve suspensions of operations or production, or grant rights-of-way on available Federal land; and (B) impose sanctions for violations of State laws, regulations, or any condition of an issued APD or approved drilling plan, as applicable. (7) Sundry notice The term sundry notice means a written request— (A) to perform work not covered under an APD or drilling plan; or (B) for a change to operations covered under an APD or drilling plan. (8) Suspension of operations or production The term suspension of operations or production means a suspension of operations or production described in section 3103.4–4 of title 43, Code of Federal Regulations (or successor regulations). (b) Authorizations (1) In general On receipt of an application under subsection (c), the Secretary may delegate to a State exclusive authority— (A) to issue an APD on available Federal land; (B) to approve drilling plans on available Federal land; (C) to approve sundry notices relating to work performed on available Federal land; (D) to approve suspensions of operations or production; and (E) to grant rights-of-way in accordance with paragraph (3). (2) Inspection and enforcement On request of a State for which authority is delegated under paragraph (1), the authority delegated may include the authority to inspect and enforce an APD, drilling plan, or right-of-way, as applicable. (3) Rights-of-way The authority to grant a right-of-way delegated to a State under paragraph (1)(E) shall be the authority of the Secretary of the Interior or the Secretary of Agriculture, as applicable, under section 501 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 ), to grant, issue, or renew rights-of-way over, upon, under, or through available Federal land for the purpose of mineral development. (4) Effect of Federal environmental reviews A State for which authority is delegated under paragraph (1) shall continue processing applications for an APD, applications for approval of a drilling plan, applications for approval of a sundry notice, and applications to grant a right-of-way, regardless of whether the Federal Government is carrying out any review related to the APD, drilling plan, sundry notice, or right-of-way under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (c) State application process (1) Submission of application A State seeking a delegation of authority under subparagraph (A), (B), (C), (D), or (E) of subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) a description of the State program that the State proposes to administer under State law; and (B) a statement from the Governor or attorney general of the State that demonstrates that the laws of the State provide adequate authority to carry out the State program. (2) Deadline for approval or disapproval Not later than 180 days after the date on which an application under paragraph (1) is received, the Secretary shall approve or disapprove the application. (3) Requirements for approval (A) In general The Secretary may approve an application received under paragraph (1) only if the Secretary determines that— (i) the State applicant would be at least as effective as the Secretary in issuing APDs, approving drilling plans, approving sundry notices, approving suspensions of operations or production, or granting rights-of-way, as applicable; (ii) the State program of the State applicant— (I) complies with this Act; and (II) provides for the termination or modification of an issued APD, approved drilling plan, approved sundry notice, approved suspension of operations or production, or granted right-of-way, as applicable, for cause, including for— (aa) the violation of any condition of the issued APD, approved drilling plan, approved sundry notice, approved suspension of operations or production, or granted right-of-way; (bb) obtaining the issued APD, approved drilling plan, approved sundry notice, approved suspension of operations or production, or granted right-of-way by misrepresentation; or (cc) failure to fully disclose in the application all relevant facts; (iii) the State applicant has sufficient administrative and technical personnel and sufficient funding to carry out the State program; and (iv) approval of the application would not result in decreased royalty payments owed to the United States under subsection (a) of section 35, except as provided in subsection (e) of that section. (B) Memoranda of understanding With respect to a State applicant seeking authority under subsection (b)(2)(A) to inspect and enforce APDs, drilling plans, or rights-of-way, as applicable, before approving the application of the State applicant, the Secretary shall enter into a memorandum of understanding with the State applicant under paragraph (6) that describes the Federal and State responsibilities with respect to the inspection and enforcement. (C) Public notice Before approving an application received under paragraph (1), the Secretary shall— (i) provide public notice of the application; (ii) solicit public comment for the application; and (iii) hold a public hearing for the application in the State. (4) Disapproval If the Secretary disapproves an application submitted under paragraph (1), the Secretary shall provide to the State applicant written notification of— (A) the reasons for the disapproval, including any information, data, or analysis on which the disapproval is based; and (B) any revisions or modifications necessary to obtain approval. (5) Resubmittal of application A State may resubmit an application under paragraph (1) at any time. (6) State memoranda of understanding Before a State submits an application under paragraph (1), the Secretary, on request of the State, may enter into a memorandum of understanding with the State regarding the proposed State program— (A) to describe the Federal and State responsibilities for oil and gas regulations; (B) to provide technical assistance; and (C) to share best management practices. (d) Administrative fees for APDs (1) In general A State for which authority has been delegated under subsection (b)(1)(A) may collect a fee for each application for an APD that is submitted to the State. (2) No collection of fee by Secretary The Secretary may not collect a fee from the applicant or from the State for an application for an APD that is submitted to a State for which authority has been delegated under subsection (b)(1)(A). (3) Use A State shall use 100 percent of the fees collected under this subsection for the administration of the approved State program of the State. (e) Voluntary termination of authority (1) In general After providing written notice to the Secretary, a State may voluntarily terminate any authority delegated to the State under subsection (b)(1) on expiration of the 60-day period beginning on the date on which the Secretary receives the written notice. (2) Resumption by Secretary On termination of the authority delegated to a State under paragraph (1), the Secretary shall resume any activities for which authority was delegated to the State under subsection (b)(1). (f) Appeal of denial of application If a State for which the Secretary has delegated authority under subsection (b)(1) denies an application submitted under subsection (c)(1), the applicant may appeal the decision to the Office of Hearings and Appeals of the Department of the Interior. (g) Federal administration of State program (1) Notification If the Secretary has reason to believe that a State is not administering or enforcing an approved State program, the Secretary shall notify the relevant State regulatory authority of any possible deficiencies. (2) State response Not later than 30 days after the date on which a State receives notification of a possible deficiency under paragraph (1), the State shall— (A) take appropriate action to correct the possible deficiency; and (B) notify the Secretary of the action in writing. (3) Determination (A) In general On expiration of the 30-day period described in paragraph (2), the Secretary shall issue public notice of any determination of the Secretary that— (i) a violation of all or any part of an approved State program has resulted from a failure of the State to administer or enforce the approved State program of the State; or (ii) the State has not demonstrated the capability and intent of the State to administer or enforce the State program of the State. (B) Appeal A State may appeal the determination of the Secretary under subparagraph (A) in the applicable United States District Court. (C) Resumption by Secretary pending appeal The Secretary may not resume activities under paragraph (4) if an appeal under subparagraph (B) is pending. (4) Resumption by Secretary Except as provided in paragraph (3)(C), if the Secretary has made a determination under paragraph (3)(A), the Secretary shall resume any activities for which authority was delegated to the State during the period— (A) beginning on the date on which the Secretary issues the public notice under paragraph (3)(A); and (B) ending on the date on which the Secretary determines that the State may administer or enforce, as applicable, the approved State program of the State. (5) Standing A State with an approved regulatory program shall have standing to sue the Secretary for any action taken under this subsection. . (b) Existing authorities Section 390(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15942(a) ) is amended— (1) by striking Action by the Secretary and inserting The Secretary ; (2) by striking with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of and inserting shall apply ; and (3) by striking would apply if the activity and inserting for each action described in subsection (b) if the action . 4. Permitting on a non-Federal surface estate The Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) is amended by inserting after section 44 (as added by section 3(a)(2)) the following: 45. Permitting on a non-Federal surface estate (a) Definitions In this section: (1) Drainage The term drainage , with respect to a non-Federal surface estate, means the migration of any hydrocarbon under the subsurface of the non-Federal surface estate. (2) Unit The term unit means a State-regulated drilling and spacing unit. (b) Permits not required for certain activities on a non-Federal surface estate The following activities conducted on a non-Federal surface estate shall not require a permit from the Bureau of Land Management and shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): (1) Oil and gas operations for the exploration for, or development or production of, oil and gas in a lease or unit or communitization agreement in which the United States holds a mineral ownership interest of 50 percent or less. (2) Oil and gas operations that may have potential drainage impacts, as determined by the Bureau of Land Management, on oil and gas in which the United States holds a mineral ownership interest. (c) DOI notification The Secretary of the Interior shall provide to each State a map or list indicating Federal mineral ownership within that State. (d) State notification Each State with an approved permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government shall notify the Secretary of the Interior of the approved permit to drill or drilling plan. (e) Royalties Nothing in this section affects the amount of royalties due to the United States under this Act from the production of oil and gas. . 5. State and Tribal authority for hydraulic fracturing regulation The Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) is amended by inserting after section 45 (as added by section 4) the following: 46. State and Tribal authority for hydraulic fracturing regulation (a) Definitions In this section: (1) Hydraulic fracturing The term hydraulic fracturing means the process of creating small cracks or fractures in underground geological formations for well stimulation purposes of bringing hydrocarbons into the wellbore and to the surface for capture. (2) Secretary The term Secretary means the Secretary of the Interior. (b) Enforcement of Federal regulations The Secretary shall not enforce any Federal regulation, guidance, or permit requirement regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on or under any land in any State that has regulations, guidance, or permit requirements for that activity. (c) State authority The Secretary shall defer to State regulations, guidance, and permit requirements for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on Federal land. (d) Transparency of State regulations (1) In general Each State shall submit to the Bureau of Land Management a copy of the regulations of the State that apply to hydraulic fracturing operations on Federal land, including the regulations that require disclosure of chemicals used in hydraulic fracturing operations. (2) Availability The Secretary shall make available to the public on the website of the Secretary the regulations submitted under paragraph (1). (e) Tribal authority on trust land The Secretary shall not enforce any Federal regulation, guidance, or permit requirement with respect to hydraulic fracturing on any land held in trust or restricted status for the benefit of a federally recognized Indian Tribe or a member of a federally recognized Indian Tribe, except with the express consent of the beneficiary on whose behalf the land is held in trust or restricted status. . 6. Protested lease sales Section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) ) is amended by inserting after the seventh sentence the following: The Secretary shall resolve any protest to a lease sale within 60 days following such payment. . | https://www.govinfo.gov/content/pkg/BILLS-117s4229is/xml/BILLS-117s4229is.xml |
117-s-4230 | II 117th CONGRESS 2d Session S. 4230 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mr. Murphy (for himself, Mr. Blumenthal , Ms. Warren , Mr. Brown , Mr. Sanders , Mr. Padilla , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Strength in Diversity Program, and for other purposes.
1. Short title This Act may be cited as the Strength in Diversity Act of 2022 . 2. Purpose The purpose of this Act is to support the development, implementation, and evaluation of comprehensive strategies to address the effects of racial isolation or concentrated poverty by increasing diversity, including racial diversity and socioeconomic diversity, in covered schools. 3. Reservation for national and state activities (a) National activities The Secretary may reserve not more than 5 percent of the amounts made available under section 9 for a fiscal year to carry out activities of national significance relating to this Act, which may include— (1) research, development, data collection, monitoring, technical assistance, evaluation, or dissemination activities; and (2) the development and maintenance of best practices for recipients of grants under section 4 and other experts in the field of school diversity. (b) State activities The Secretary may reserve not more than 10 percent of the amounts made available under section 9 for a fiscal year for planning grants and implementation grants made to State educational agencies under section 4. 4. Grant program authorized (a) Authorization (1) In general From the amounts made available under section 9 and not reserved under section 3 for a fiscal year, the Secretary shall award grants in accordance with subsection (b) to eligible entities to develop or implement plans to improve diversity and reduce or eliminate racial or socioeconomic isolation in covered schools. (2) Types of grants The Secretary may, in any fiscal year, award— (A) planning grants to carry out the activities described in section 6(a); (B) implementation grants to carry out the activities described in section 6(b); or (C) both such planning grants and implementation grants. (b) Award basis (1) Criteria for evaluating applications The Secretary shall award grants under this section on a competitive basis, based on— (A) the quality of the application submitted by an eligible entity under section 5; (B) the likelihood, as determined by the Secretary, that the eligible entity will use the grant to improve student outcomes or outcomes on other performance measures described in section 7; and (C) the likelihood that the grant will lead to a meaningful reduction in racial and economic isolation for children in covered schools. (2) Priority In awarding grants under this section, the Secretary shall give priority to the following eligible entities: (A) First, to an eligible entity that submitted an application for a grant under the Opening Doors, Expanding Opportunities program described in the notice published by the Department of Education in the Federal Register on December 14, 2016 (81 Fed. Reg. 90343 et seq.). (B) Second, to an eligible entity that proposes, in an application submitted under section 5, to use the grant to support a program that addresses racial isolation. (C) Third, to an eligible entity that proposes, in an application submitted under section 5, to use the grant to support a program that extends beyond one local educational agency, such as an inter-district or regional program. (D) Fourth, to an eligible entity that demonstrates meaningful coordination with local housing agencies to increase access to schools that have a disproportionately low number of low-income students. (c) Duration of grants (1) Planning grant A planning grant awarded under this section shall be for a period of not more than 1 year. (2) Implementation grant An implementation grant awarded under this section shall be for a period of not more than 3 years, except that the Secretary may extend an implementation grant for an additional 2-year period if the eligible entity receiving the grant demonstrates to the Secretary that the eligible entity is making significant progress, as determined by the Secretary, on the program performance measures described in section 7. 5. Applications In order to receive a grant under section 4, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include— (1) a description of the program for which the eligible entity is seeking a grant, including— (A) how the eligible entity proposes to use the grant to improve the academic and life outcomes of students in racial or socioeconomic isolation in covered schools by supporting interventions that increase diversity for students in such covered schools; (B) in the case of an implementation grant, the implementation grant plan described in section 6(b)(1); and (C) evidence, or if such evidence is not available, a rationale based on current research, regarding how the program will increase diversity; (2) in the case of an eligible entity proposing to use any of the grant to benefit covered schools that are racially isolated, a description of how the eligible entity will identify and define racial isolation; (3) in the case of an eligible entity proposing to use any portion of the grant to benefit high-poverty covered schools, a description of how the eligible entity will identify and define income level and socioeconomic status; (4) a description of the plan of the eligible entity for continuing the program after the grant period ends; (5) a description of how the eligible entity will assess, monitor, and evaluate the impact of the activities funded under the grant on student achievement and student enrollment diversity, and teacher diversity; (6) an assurance that the eligible entity has conducted, or will conduct, robust parent and community engagement, while planning for and implementing the program, such as through— (A) consultation with appropriate officials from Indian Tribes or Tribal organizations approved by the Tribes located in the area served by the eligible entity; (B) consultation with other community entities, including local housing or transportation authorities; (C) public hearings or other open forums to inform the development of any formal strategy to increase diversity; and (D) outreach to parents and students, in a language that parents and students can understand, and consultation with students and families in the targeted district or region that is designed to ensure participation in the planning and development of any formal strategy to increase diversity; (7) an estimate of the number of students that the eligible entity plans to serve under the program and the number of students to be served through additional expansion of the program after the grant period ends; (8) an assurance that the eligible entity will— (A) cooperate with the Secretary in evaluating the program, including any evaluation that might require data and information from multiple recipients of grants under section 4; and (B) engage in the best practices developed under section 3(a)(2); (9) an assurance that, to the extent possible, the eligible entity has considered the potential implications of the grant activities on the demographics and student enrollment of nearby covered schools not included in the activities of the grant; (10) in the case of an eligible entity applying for an implementation grant, a description of how the eligible entity will— (A) implement, replicate, or expand a strategy based on a strong or moderate level of evidence (as described in subclause (I) or (II) of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A)(i) )); or (B) test a promising strategy to increase diversity in covered schools; (11) in the case of an application by a consortium of local educational agencies, a specification of which agency is the lead applicant, and how the grant funds will be divided among the school districts served by such consortium; and (12) in the case of an application by a State educational agency, a demonstration that the agency has procedures in place— (A) to assess and prevent the redrawing of school district lines in a manner that increases racial or socioeconomic isolation; (B) to assess the segregation impacts of new school construction proposals and to prioritize school construction funding that will foreseeably increase racial and economic integration; and (C) to include progress toward reduction of racial and economic isolation as a factor in its State plan under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ). 6. Uses of funds (a) Planning grants Each eligible entity that receives a planning grant under section 4 shall use the grant to support students in covered schools through the following activities: (1) Completing a comprehensive assessment of, with respect to the geographic area served by such eligible entity— (A) the educational outcomes and racial and socioeconomic stratification of children attending covered schools; (B) an analysis of the location and capacity of program and school facilities and the adequacy of local or regional transportation infrastructure; and (C) teacher diversity in covered schools, and plans for expanding teacher diversity. (2) Developing and implementing a robust family, student, and community engagement plan, including, where feasible, public hearings or other open forums that would precede and inform the development of a formal strategy to improve diversity in covered schools. (3) Developing options, including timelines and cost estimates, for improving diversity in covered schools, such as weighted lotteries, revised feeder patterns, school boundary redesign, or regional coordination. (4) Developing an implementation plan based on community preferences among the options developed under paragraph (3). (5) Building the capacity to collect and analyze data that provide information for transparency, continuous improvement, and evaluation. (6) Developing an implementation plan to comply with a court-ordered school desegregation plan. (7) Engaging in best practices developed under section 3(a)(2). (8) If applicable, developing an implementation plan to replace entrance exams or other competitive application procedures with methods of student assignment to promote racial and socioeconomic diversity. (b) Implementation grants (1) Implementation grant plan Each eligible entity that receives an implementation grant under section 4 shall implement a high-quality plan to support students in covered schools that includes— (A) a comprehensive set of strategies designed to improve academic outcomes for all students, particularly students of color and low-income students, by increasing diversity in covered schools; (B) evidence of strong family and community support for such strategies, including evidence that the eligible entity has engaged in meaningful family and community outreach activities; (C) goals to increase diversity, including teacher diversity, in covered schools over the course of the grant period; (D) collection and analysis of data to provide transparency and support continuous improvement throughout the grant period; and (E) a rigorous method of evaluation of the effectiveness of the program. (2) Implementation grant activities Each eligible entity that receives an implementation grant under section 4 may use the grant to carry out one or more of the following activities: (A) Recruiting, hiring, or training additional teachers, administrators, school counselors, and other instructional and support staff in new, expanded, or restructured covered schools, or other professional development activities for staff and administrators. (B) Investing in specialized academic programs or facilities designed to encourage inter-district school attendance patterns. (C) Developing or initiating a transportation plan for bringing students to and from covered schools, if such transportation is sustainable beyond the grant period and does not represent a significant portion of the grant received by an eligible entity under section 4. (D) Developing innovative and equitable school assignment plans. (E) Carrying out innovative activities designed to increase racial and socioeconomic school diversity and engagement between children from different racial, economic, and cultural backgrounds. (F) Creating or improving systems and partnerships to create a one-stop enrollment process for students with multiple public school options, including making school information and data more accessible and easy to understand, in order to ensure access to low poverty or high-performing schools for low-income children and to promote racial and socioeconomic diversity. (G) Increasing teacher diversity in covered schools. 7. Performance measures The Secretary shall establish performance measures for the programs and activities carried out through a grant under section 4. These measures, at a minimum, shall track the progress of each eligible entity in— (1) improving academic and other developmental or noncognitive outcomes for each subgroup described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ) that is served by the eligible entity on measures, including, as applicable, by— (A) increasing school readiness; (B) increasing student achievement and decreasing achievement gaps; (C) increasing high school graduation rates; (D) increasing readiness for postsecondary education and careers; (E) improving access to mental health and social-emotional learning; (F) reducing school discipline rates; and (G) any other indicator the Secretary or eligible entity may identify; and (2) increasing diversity and decreasing racial or socioeconomic isolation in covered schools. 8. Annual reports An eligible entity that receives a grant under section 4 shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes— (1) a description of the efforts of the eligible entity to increase inclusivity; (2) information on the progress of the eligible entity with respect to the performance measures described in section 7; (3) the data supporting such progress; (4) a description of how the eligible entity will continue to make improvements toward increasing diversity and decreasing racial or socioeconomic isolation in covered schools and sustaining inclusion; and (5) information on the progress of regional programs on reducing racial and socioeconomic isolation in covered schools, if applicable. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2023 and each of the 5 succeeding fiscal years. 10. Definitions In this Act: (1) Covered school The term covered school means— (A) a publicly-funded early childhood education program; (B) a public elementary school; or (C) a public secondary school. (2) Eligible entity The term eligible entity means a State educational agency, a local educational agency, a consortium of such agencies, an educational service agency, or a regional educational agency that at the time of the application of such eligible entity has significant achievement gaps and socioeconomic or racial segregation within or between the school districts served by such entity. (3) ESEA terms The terms educational service agency , elementary school , local educational agency , secondary school , Secretary , 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 ). (4) Publicly-funded early childhood education program The term publicly-funded early childhood education program means an early childhood education program (as defined in section 103(8) of the Higher Education Act of 1965 ( 20 U.S.C. 1003(8) )) that receives State or Federal funds. 11. Prohibition against Federal control of education No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system. | https://www.govinfo.gov/content/pkg/BILLS-117s4230is/xml/BILLS-117s4230is.xml |
117-s-4231 | II 117th CONGRESS 2d Session S. 4231 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mrs. Feinstein (for herself, Mr. Kelly , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To support water infrastructure in Reclamation States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Support To Rehydrate the Environment, Agriculture, and Municipalities Act or the STREAM Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Infrastructure development Sec. 101. Competitive grant program for the funding of water recycling projects. Sec. 102. Annual report to Congress. Sec. 103. Storage and conveyance projects. Sec. 104. Eligible desalination project development. Sec. 105. Reclamation infrastructure finance and innovation pilot program. Sec. 106. Drinking water assistance for disadvantaged communities. Sec. 107. Extraordinary operation and maintenance work; project modification. Sec. 108. Use of revenue to improve drought resilience or dam safety. TITLE II—Improved technology and data Sec. 201. Reauthorization of the transboundary aquifer assessment program. TITLE III—Ecosystem restoration and protection Sec. 301. Ecosystem restoration. Sec. 302. Performance-based restoration authority. TITLE IV—Miscellaneous Sec. 401. Modifications to drought program under the Reclamation States Emergency Drought Relief Act of 1991. Sec. 402. Clarification of authority to use coronavirus fiscal recovery funds to meet a non-Federal matching requirement for authorized water projects. Sec. 403. Environmental compliance. Sec. 404. Effect. 2. Definitions In this Act: (1) Annual report The term annual report means a report required under section 102(a). (2) Authorized project The term authorized project means a storage project authorized by an Act of Congress, including through an applicable standing authorization under section 5B of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 509b ) or any other applicable law. (3) Authorizing committees of Congress The term authorizing committees of Congress means— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (4) Design; study (A) In general The terms design and study include any design, permitting, study (including a feasibility study), materials engineering or testing, surveying, or preconstruction activity relating to a water storage facility. (B) Exclusions The terms design and study do not include an appraisal study or other preliminary review intended to determine whether further study is appropriate. (5) Disadvantaged community The term disadvantaged community means a low-income community (as defined in section 45D(e) of the Internal Revenue Code of 1986). (6) Eligible desalination project The term eligible desalination project has the meaning given the term in paragraph (2) of section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) (as amended by section 104(a)). (7) Eligible entity The term eligible entity means— (A) any State, political subdivision of a State, department of a State, or public agency organized pursuant to State law; (B) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or an entity controlled by an Indian Tribe; (C) a water users’ association; (D) an agency established by an interstate compact; and (E) an agency established under State law for the joint exercise of powers. (8) Federal benefit The term Federal benefit , with respect to a non-Federal storage project, water recycling project, or eligible desalination project, means— (A) public benefits provided directly by a project; (B) public benefits that— (i) are— (I) fish and wildlife benefits described in paragraph (12)(A)(i); or (II) water quality benefits; (ii) are provided by the implementation of a watershed restoration plan approved with the project; and (iii) represent an increased Federal commitment in the watershed as compared to Federal commitments before the date of approval of the project; (C) benefits to a watershed from a water recycling project or eligible desalination project; or (D) water supply benefits identified in accordance with the reclamation laws. (9) Federal storage project The term Federal storage project means any project constructed by the Bureau of Reclamation— (A) that involves the construction or expansion of— (i) a surface water storage facility; or (ii) a facility conveying water to or from surface or groundwater storage; and (B) to which the United States holds or will hold title. (10) Natural water retention and release project (A) In general The term natural water retention and release project means a non-Federal storage project designed and developed to increase water availability for optimal management through aquifer recharge, floodplain retention, the alteration of the timing of runoff to allow increased utilization of existing storage facilities, or another mechanism that— (i) uses primarily natural materials appropriate to the specific site and landscape setting; and (ii) substantially mimics natural riverine, wetland, ecosystem, or hydrologic processes. (B) Inclusions The term natural water retention and release project includes— (i) a single natural water retention and release project; (ii) several distributed natural water retention and release projects across a watershed; and (iii) the redesign, modification, or replacement of existing infrastructure to incorporate natural water retention and release elements. (11) Non-Federal storage project The term non-Federal storage project means any project in a Reclamation State that— (A) involves the construction, expansion, or repair by an eligible entity of— (i) a surface or groundwater storage project that is not federally owned; (ii) a facility that is not federally owned conveying water to or from surface or groundwater storage; or (iii) a natural water retention and release project; and (B) provides a benefit in meeting any obligation under applicable Federal law (including regulations). (12) Public benefit The term public benefit , with respect to a non-Federal storage project or extraordinary operation and maintenance work, means— (A) (i) fish and wildlife benefits— (I) that are in excess of express mitigation and environmental compliance obligations under applicable Federal and State law, including regulations, permits, contracts, licenses, grants, or orders or decisions from Federal and State courts, in effect on the date on which amounts are made available for the applicable project under this Act; and (II) including incremental level 4 flows for managed land entitled to receive level 2 refuge water; (ii) flood control benefits; (iii) recreational benefits; (iv) water quality benefits that are in excess of the obligations described in clause (i)(I) of subparagraph (A); and (v) any other benefits that are nonreimbursable under the reclamation laws; (B) drinking water supply for disadvantaged communities, including through groundwater recharge, the benefits of which are in excess of the obligations described in clause (i)(I) of subparagraph (A); (C) emergency drinking water supply used in response to a disaster declaration by a Governor; and (D) energy savings benefits, including— (i) the value of associated greenhouse gas reductions; and (ii) any reduction in energy costs for Federal taxpayers, such as reduced water delivery costs for water providing fish and wildlife benefits. (13) Qualified partner The term qualified partner means a nonprofit organization operating in a Reclamation State that is acting with the written support of an eligible entity. (14) Reclamation laws The term reclamation laws means Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. )). (15) Reclamation State The term Reclamation State has the meaning given the term in section 4014 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ). (16) Secretary The term Secretary means the Secretary of the Interior. (17) Storage project The term storage project means a Federal storage project or a non-Federal storage project. (18) Water recycling project The term water recycling project means a project provided a grant under section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(f) ). (19) Watershed The term watershed includes— (A) an entire watershed; or (B) any portion of a watershed, including the upper or lower reaches of the watershed. (20) Watershed restoration plan The term watershed restoration plan means a plan approved by the Secretary that would provide benefits to the affected watershed from a non-Federal storage project and other projects and activities, including— (A) (i) restoration of fish and wildlife habitat or flows; or (ii) water quality benefits; and (B) water supply benefits. I Infrastructure development 101. Competitive grant program for the funding of water recycling projects (a) Authorization of new water recycling projects Section 1602 of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h ) is amended— (1) in subsection (e)(2)(B), by striking in accordance with the reclamation laws ; and (2) in subsection (f)— (A) in paragraph (1), by striking , subject to subsection (g)(2) ; and (B) by striking paragraph (2) and all that follows through the end of subsection (g) and inserting the following: (2) Priorities and diversity of project types In providing grants under paragraph (1), the Secretary shall— (A) give priority to projects that— (i) are likely to provide a more-reliable water supply for a unit of State or local government; (ii) are likely to increase the water management flexibility and reduce impacts on environmental resources; or (iii) provide multiple benefits, including water supply reliability, ecosystem benefits, system reliability benefits, groundwater management and enhancements, and water quality improvements; and (B) take into consideration selecting a diversity of project types, including projects that serve— (i) a region or more than 1 community; (ii) a rural or small community; or (iii) an urban community or city. (g) Authorization of appropriations In addition to amounts made available under section 40901(4)(A) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3201(4)(A) ), there is authorized to be appropriated to the Secretary to carry out subsections (e) and (f) $300,000,000 for the period of fiscal years 2024 through 2028. . (b) Limitation on funding Section 1631(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h–13(d) ) is amended— (1) in paragraph (1)— (A) by striking by paragraph (2) and inserting in paragraphs (2) and (3) ; and (B) striking $20,000,000 (October 1996 prices) and inserting $50,000,000 (in prices as determined for January 2022) ; and (2) in paragraph (2)— (A) in subparagraph (B)— (i) by striking (B) In the case and inserting the following: (B) San gabriel basin In the case ; and (ii) by indenting clauses (i) and (ii) appropriately; and (B) by striking (2)(A) Subject to and inserting the following: (2) Projects funded as of 2021 The Federal share of the cost of any single project authorized under this title shall be $20,000,000 (October 1996 prices) if the project has received that amount as of December 31, 2021. (3) Older projects (A) In general Subject to . 102. Annual report to Congress (a) Annual reports Not later than February 1 of each year, the Secretary shall develop and submit to the authorizing committees of Congress an annual report, to be entitled Report to Congress on Future Storage Project Development , that— (1) identifies, with respect to Federal storage projects and non-Federal storage projects— (A) each feasibility report that— (i) meets the criteria established under subsection (c)(1)(A); and (ii) is recommended by the Secretary for congressional authorization for construction; (B) each proposed feasibility study submitted to the Secretary by an eligible entity pursuant to subsection (b) that meets the criteria established under subsection (c)(1)(A); (C) any proposed modification to an authorized project that meets the criteria established under subsection (c)(1)(A) that is— (i) submitted to the Secretary by an eligible entity pursuant to subsection (b); or (ii) identified by the Secretary for authorization; and (2) provides a status update for each feasibility study for a Federal storage project that is under evaluation during the period covered by the report and is intended to meet the criteria established under subsection (c)(1)(A), including identifying— (A) the initiation date of the feasibility study; (B) the percentage completion of the feasibility study; and (C) the expected completion date of the feasibility study. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish a notice requesting proposals from eligible entities for proposed feasibility studies and proposed modifications to authorized projects to be included in the annual report. (2) Deadline for requests The Secretary shall include in each notice required under this subsection a requirement that eligible entities submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in order for the proposals to be considered for inclusion in the annual report. (3) Notification On the date of publication of each notice required by this subsection, the Secretary shall— (A) make the notice publicly available, including on the internet; and (B) provide written notification of the publication to the authorizing committees of Congress. (c) Contents (1) Inclusions (A) Criteria The Secretary shall include in the annual report— (i) subject to subparagraph (B), a feasibility report or proposed feasibility study for, or proposed modifications to, a Federal storage project or non-Federal storage project that— (I) the Secretary determines is related to the missions and authorities of the Bureau of Reclamation; (II) requires specific congressional authorization, including by an Act of Congress; (III) the Secretary determines could be eligible for design, study, or construction; and (IV) has not been authorized by Congress; and (ii) a list of, as of the date of the annual report— (I) each non-Federal storage project that is under construction; (II) each feasibility study that is being conducted for non-Federal storage projects; and (III) the amount of appropriated funding that the Secretary has awarded to each project or feasibility study listed under subclause (I) or (II). (B) Limitations Notwithstanding subparagraph (A)(i)— (i) a feasibility study shall not be included in an annual report if the feasibility study was included in any previous annual report; and (ii) a feasibility report for a non-Federal storage project shall not be included in an annual report unless the project has a Federal cost-share of more than $250,000,000. (C) Description of benefits The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized project included in the annual report, the benefits of each project or proposed modification. (D) Identification of other factors The Secretary shall identify in the annual report, to the extent practicable— (i) for each proposed feasibility study included in the annual report, the eligible entity that submitted the proposed project study pursuant to subsection (b); and (ii) for each proposed feasibility study and proposed modification to a project included in the annual report, whether the eligible entity has demonstrated— (I) that local support exists for the proposed feasibility study or proposed modification to an authorized project (including the project that is the subject of the proposed feasibility study or the proposed modification); and (II) the financial ability to provide the required non-Federal cost share. (2) Transparency The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to a project included under paragraph (1)(A)— (A) the name of the associated eligible entity, including the name of any eligible entity that has contributed, or is expected to contribute, a non-Federal share of the cost of— (i) the feasibility report; (ii) the proposed feasibility study; or (iii) construction of— (I) the project that is the subject of— (aa) the feasibility report; or (bb) the proposed feasibility study; or (II) the proposed modification to a project; (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to a project from each associated eligible entity; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to a project; (D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of construction of— (i) the project that is the subject of the feasibility report; or (ii) the proposed modification to an authorized project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— (i) the project that is the subject of the feasibility report; or (ii) the proposed modification to an authorized project. (3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to a project included in the annual report meets the criteria established under paragraph (1)(A). (4) Appendix (A) In general The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under that paragraph. (B) Limitation The Secretary shall not include— (i) in an appendix under subparagraph (A) any proposal that meets the criteria for inclusion in the annual report solely on the basis of a determination by the Secretary that the proposal requires legislative changes to an authorized project or feasibility study; or (ii) in an appendix under subparagraph (A) or any other part of the annual report any proposal that meets the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary. (d) Special rule for initial annual report Notwithstanding any other deadline under this section, the Secretary shall— (1) not later than 60 days after the date of enactment of this Act, publish a notice required under subsection (b)(1); and (2) include in the notice a requirement that eligible entities submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of the notice in order for the proposals to be considered for inclusion in the first annual report developed by the Secretary under this section. (e) Publication On submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the internet. 103. Storage and conveyance projects (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority; (B) a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or (C) (i) an agency established under State law for the joint exercise of powers; (ii) a combination of entities described in subparagraphs (A) and (B); or (iii) with respect to a natural water retention and release project, a qualified partner. (2) Eligible project The term eligible project means a project described in subsection (c). (3) Program The term program means the grant program established under subsection (b). (4) Reclamation state The term Reclamation State means a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391 ). (b) Establishment The Secretary shall establish a program to provide grants to eligible entities on a competitive basis for the study, planning, design, and construction of non-Federal storage projects that provide substantial water supply and other benefits to a Reclamation State in accordance with this section. (c) Eligible project A project shall be eligible for a grant under this section if the project— (1) involves the construction or expansion by an eligible entity of— (A) a surface or groundwater storage project that is not federally owned; (B) a facility that is not federally owned that conveys water to or from surface or groundwater storage; or (C) a natural water retention and release project; (2) has a Federal cost-share of not more than $250,000,000; (3) is located in a Reclamation State; (4) is constructed, operated, and maintained by an eligible entity; and (5) provides a Federal benefit. (d) Project evaluation The Secretary may provide a grant to an eligible entity for an eligible project under the program— (1) for the study of the eligible project, if the Secretary has identified the potential for sufficient Federal benefits from the eligible project to proceed; (2) for the construction of a non-Federal storage project that is not a natural water retention and release project, if— (A) the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project— (i) is technically and financially feasible; (ii) provides a Federal benefit; and (iii) is consistent with applicable Federal and State laws; (B) the eligible entity has sufficient non-Federal funding available to complete the eligible project, as determined by the Secretary; (C) the eligible entity is financially solvent, as determined by the Secretary; (D) the Governor, a member of the cabinet of the Governor, or the head of a department of the Reclamation State in which the non-Federal storage project is located supports the project or Federal funding of the project; and (E) not later than 30 days after the date on which the Secretary concurs with the determinations under subparagraph (A) with respect to the eligible project, the Secretary submits to Congress written notice of the determinations; and (3) for a natural water retention and release project— (A) that costs not more than $10,000,000, if the eligible entity demonstrates that the natural water retention and release project would help optimize the storage or delivery of water in a watershed in which a Bureau of Reclamation facility is located; and (B) that costs more than $10,000,000, if— (i) the conditions described in paragraph (2) have been met; and (ii) the eligible entity determines, and the Secretary concurs, that— (I) the natural water retention and release project would produce or allow additional retention or delivery of water in a watershed in which a Bureau of Reclamation facility is located; and (II) there is a credible estimate of the quantity of the storage benefit of the natural water retention and release project during each of a wet year, a normal year, and a dry year. (e) Priority In providing grants to eligible entities for eligible projects under the program, the Secretary shall give funding priority to an eligible project that directly or through watershed restoration plans approved with the project meets 2 or more of the following criteria: (1) Provides multiple benefits, including substantial quantities of each of the following: (A) Water supply reliability benefits for States and communities that are frequently drought-stricken. (B) Fish and wildlife benefits. (C) Water quality improvements. (2) Reduces impacts on environmental resources from water projects owned or operated by Federal agencies and State agencies, including through measurable reductions in water diversions from imperiled ecosystems. (3) Advances water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin. (4) Is collaboratively developed or supported by multiple stakeholders. (5) Is located within a watershed for which an integrated, comprehensive watershed management plan has been developed to enhance resilience of ecosystems, agricultural operations, and communities to chronic water scarcity, acute drought, and changing hydrological regimes. (f) Federal assistance (1) Federal cost share (A) In general Except as provided in subparagraph (B), the Federal share of the cost of any eligible project provided a grant under the program shall not exceed 25 percent of the total cost of the eligible project. (B) Exception The Federal share of the cost of a natural water retention and release project provided a grant under the program shall not exceed 90 percent of the total cost of the natural water retention and release project. (2) Reimbursability of funds (A) Nonreimbursable funds (i) Public benefits Subject to paragraph (1), any funds provided by the Secretary to an eligible entity under the program for the value of public benefits described in subparagraphs (A) and (B) of section 2(8) shall be considered nonreimbursable. (ii) Water supply benefits of equal value to public benefits Subject to paragraph (1), any funds provided by the Secretary for the value of Federal benefits provided under section 2(8)(D) shall be considered nonreimbursable to the extent that the value of the Federal benefits does not exceed the value of public benefits funded under clause (i) that are fish and wildlife or water quality benefits. (B) Reimbursable funds If any funding provided under subparagraph (A) is less than 25 percent of the total cost of the eligible project, the Secretary may provide reimbursable funds to an eligible entity for any Federal benefits provided under section 2(8)(D) for not more than 25 percent of the total cost of the eligible project. (g) Environmental laws In providing a grant for an eligible project under the program, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (h) Guidance Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the implementation of the program, including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities. (i) Reports (1) Annual report At the end of each fiscal year, the Secretary shall make available on the website of the Department of the Interior an annual report that lists each eligible project for which a grant has been awarded under this section during the fiscal year. (2) Comptroller general assessment The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section. (j) Treatment of conveyance The planning, design, and construction of a conveyance system for an eligible project shall be eligible for grant funding under the program. (k) Funding (1) Authorization of appropriations In addition to amounts made available under section 40901(1) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3201(1) ), there is authorized to be appropriated to the Secretary to carry out this section $750,000,000 for the period of fiscal years 2024 through 2028, of which $50,000,000 is authorized to be appropriated during that period to carry out natural water retention and release projects under subsection (d)(3). (2) Allocation Subject to paragraphs (3) and (5), the Secretary shall allocate amounts made available under paragraph (1) among— (A) the design and study of— (i) non-Federal storage projects, including natural water retention and release projects; and (ii) storage projects that are eligible for study funding under subsection (a)(1) of section 40902 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3202 ), if the amounts made available to the storage projects under this clause are provided in accordance with subsections (b) and (c) of that section; and (B) construction of— (i) non-Federal storage projects, including natural water retention and release projects; and (ii) storage projects that have received construction funding in accordance with subsection (a)(2) of section 40902 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3202 ), if the amounts made available to the storage projects under this clause are provided in accordance with subsections (b) and (c) of that section. (3) Preliminary studies Of the amounts made available under paragraph (1), not more than 25 percent shall be provided for appraisal studies, feasibility studies, or other preliminary studies. (4) WIIN act storage funding The Secretary may award funding made available under section 4007(h) of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) to— (A) non-Federal storage projects, including natural water retention and release projects; (B) storage projects that are eligible for study funding under subsection (a)(1) of section 40902 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3202 ), if the amounts made available under this subparagraph to storage projects is provided in accordance with subsections (b) and (c) of that section; and (C) storage projects that have received construction funding in accordance with subsection (a)(2) of section 40902 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3202 ), if the amounts made available to storage projects under this subparagraph is provided in accordance with subsections (b) and (c) of that section. (5) Other storage projects The funds appropriated under paragraph (1) may not be used for storage projects other than those described in paragraph (2) unless authorized by an Act of Congress. (6) Use of funding for public benefits (A) In general The Federal share of the cost of public benefits provided by a storage project described in paragraph (2) may be used for— (i) the capital and operations, maintenance, and replacement costs of public benefits; and (ii) the operations, maintenance, and replacement costs of public benefits described in section 2(12)(A), the capital costs of which are funded by the applicable Reclamation State. (B) Effect Nothing in this paragraph precludes the Secretary from using other authorities or appropriations for the capital and operations, maintenance, and replacement costs of a non-Federal storage project to provide public benefits. (l) Amendment to the infrastructure jobs and investment act Section 40902(a)(2)(C)(i) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3202(a)(2)(C)(i) ) is amended by striking clause (i) or (ii) and inserting clause (i), (ii), or (iii) . (m) Authorization To complete storage projects that receive construction funding (1) Definition of construction In this subsection, the term construction has the meaning given the term in section 4011(f) of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 ; 130 Stat. 1881). (2) Extension of existing requirements A storage project that has received funding for construction activities in accordance with section 40901(1) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3201(1) ) shall be eligible for funding (including funding authorized under this section or an amendment made by this section), to complete construction of the project in accordance with the standards under section 40902 of that Act ( 43 U.S.C. 3202 ). (n) Calfed reauthorization Title I of Public Law 108–361 (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312; 129 Stat. 2407; 130 Stat. 1866; 133 Stat. 2669; 134 Stat. 1363), is amended by striking 2021 each place it appears and inserting 2027 . 104. Eligible desalination project development (a) Eligible desalination projects authorization Section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) is amended by striking paragraph (2) and inserting the following: (2) Projects (A) Definitions In this paragraph: (i) Eligible desalination project The term eligible desalination project means any project located in a Reclamation State, or for which the construction, operation, sponsorship, or funding is the responsibility of, and the primary water supply benefit accrues to, 1 or more entities in a Reclamation State, that— (I) involves an ocean or brackish water desalination facility— (aa) constructed, operated, and maintained by a State, Indian Tribe, irrigation district, water district, or other organization with water or power delivery authority; or (bb) sponsored or funded by any combination of a State, department of a State, political subdivision of a State, or public agency organized pursuant to State law, including through— (AA) direct sponsorship or funding; or (BB) indirect sponsorship or funding, such as by paying for the water provided by the facility; (II) provides a Federal benefit; and (III) is consistent with applicable Federal and State resource protection laws, including any law relating to the protection of marine protected areas. (ii) Authorizing committees of Congress; Federal benefit; reclamation State The terms authorizing committees of Congress , Federal benefit , and Reclamation State have the meaning given the terms in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act . (iii) Rural desalination project The term rural desalination project means an eligible desalination project that is designed to serve a community or group of communities, each of which has a population of not more than 25,000 inhabitants. (B) Cost-sharing requirement (i) In general Subject to the requirements of this subsection and notwithstanding section 7, the Federal share of an eligible desalination project carried out under this subsection shall be— (I) not more than 25 percent of the total cost of the eligible desalination project; or (II) in the case of a rural desalination project, the applicable percentage determined in accordance with clause (ii). (ii) Rural desalination projects (I) Cost-sharing requirement for appraisal studies Subject to subclause (IV), in the case of a rural desalination project carried out under this subsection, the Federal share of the cost of appraisal studies for the rural desalination project shall be— (aa) 75 percent of the total costs of the appraisal studies, up to $200,000; and (bb) if the total costs of the appraisal studies are more than $200,000, 50 percent of any amounts over $200,000. (II) Cost-sharing requirement for feasibility studies Subject to subclause (IV), in the case of a rural desalination project carried out under this subsection, the Federal share of the cost of feasibility studies for the rural desalination project shall be not more than 50 percent. (III) Cost-sharing requirement for construction costs Subject to subclause (IV), in the case of a rural desalination project carried out under this subsection, the Federal share of the cost of construction of the rural desalination project shall be not more than 75 percent. (IV) Reduction in non-federal share The Secretary may reduce the non-Federal share of a rural desalination project required under subclause (I), (II), or (III) by not more than 10 percent if the Secretary determines, after consultation with the heads of any other Federal agencies that are partners in the rural desalination project and in accordance with applicable Reclamation standards, that the reduction is appropriate due to— (aa) an overwhelming Federal interest in the rural desalination project; and (bb) the sponsor of the rural desalination project demonstrating financial hardship. (iii) Limitation Funding for a rural desalination project under clause (ii) or the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3901 et seq. ) shall not be considered for purposes of the Federal share established under this subparagraph. (C) State role Participation by the Secretary in an eligible desalination project under this paragraph shall not occur unless— (i) (I) the eligible desalination project is included in a State-approved plan; or (II) the participation has been requested by the Governor of the State in which the eligible desalination project is located; (ii) the State or local sponsor of the eligible desalination project determines, and the Secretary concurs, that— (I) the eligible desalination project— (aa) is technically and financially feasible; (bb) provides a Federal benefit; and (cc) is consistent with applicable Federal and State laws (including regulations); (II) sufficient non-Federal funding is available to complete the eligible desalination project; and (III) the non-Federal project sponsor is financially capable of funding the non-Federal share of the project costs; and (iii) the Secretary submits to the authorizing committees of Congress and makes publicly available on the internet a written notification of the determinations under clause (ii) by not later than 30 days after the date of the determinations. (D) Environmental laws To be eligible to receive a grant under this subsection, a desalination project shall comply with— (i) applicable Federal environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) applicable State environmental laws. (E) Information In participating in an eligible desalination project under this subsection, the Secretary— (i) may rely on reports prepared by the sponsor of the eligible desalination project, including feasibility or equivalent studies, environmental analyses, and other pertinent reports and analyses; but (ii) shall retain responsibility for making the independent determinations described in subparagraph (C). (F) Funding (i) Authorization of appropriations In addition to amounts made available under section 40901(5) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3201(5) ), there is authorized to be appropriated to carry out this paragraph $150,000,000 for the period of fiscal years 2024 through 2028, of which not less than $10,000,000 shall be made available during the period for rural desalination projects. (ii) Funding opportunity announcement The Commissioner of Reclamation shall release a funding opportunity announcement for a grant program under this paragraph by not later than 75 days after the date of enactment of an Act that provides funding for the program. . (b) Prioritization of projects Section 4 of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) is amended by striking subsection (c) and inserting the following: (c) Prioritization In carrying out demonstration and development activities under this section, the Secretary shall prioritize projects— (1) for the benefit of drought-stricken States and communities; (2) for the benefit of States that have authorized funding for research and development of desalination technologies and projects; (3) that demonstrably improve self-reliance on local or regional water supplies in the case of any project sponsors that rely on imported water supplies that have an impact on species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (4) that demonstrably leverage the experience of or partner with— (A) international entities with considerable expertise in desalination, such as Israel; or (B) nonprofit water research foundations or institutions with expertise in technology innovation to advance sustainable desalination processes or brine management; (5) located in a region that— (A) is impacted by salinity or brackish groundwater; and (B) has agricultural production of national importance; (6) that support regional stakeholder-based planning and implementation efforts to manage brine and salinity for sustainability and improvement of groundwater quality within an approved basin plan; (7) that maximize the use of renewable energy to power desalination facilities; (8) that maximize energy efficiency so that the lifecycle energy demands of desalination are minimized; (9) located in a region that has employed strategies to increase water conservation and the capture and recycling of wastewater and stormwater; and (10) that, in the case of ocean desalination facilities— (A) (i) use a subsurface intake; or (ii) if a subsurface intake is not feasible, use an intake that uses the best available site, design, technology, and mitigation measures to minimize the mortality of all forms of marine life and impacts to coastal-dependent resources; (B) are sited and designed to ensure that the disposal of wastewater (including brine from the desalination process)— (i) is not discharged in a manner that increases salinity levels in Federal or State marine protected areas; and (ii) achieves ambient salinity levels within a reasonable distance from the discharge point; (C) are sited, designed, and operated in a manner that maintains indigenous marine life and a healthy and diverse marine community within a reasonable distance from the discharge point; (D) do not cause significant unmitigated harm to aquatic life; and (E) include a construction and operation plan designed to minimize loss of coastal habitat as well as aesthetic, noise, and air quality impacts. . (c) Priority scoring system As soon as practicable after the date of enactment of this Act, for purposes of making recommendations to Congress for projects to be carried out under section 4 of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ), the Commissioner of Reclamation shall establish a priority scoring system that provides for the assignment of priority scores for the projects based on the prioritization criteria established under subsection (c) of that section. (d) Other requirements Non-Federal entities that receive Federal assistance for projects or facilities authorized under this Act shall implement the projects or facilities consistent with the standards for activities assisted under section 401 of the Safe Drinking Water Act Amendments of 1996 ( 42 U.S.C. 300j–3c ). (e) Research authority Section 8(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) is amended— (1) in the first sentence, by striking 2021 and inserting 2026 ; and (2) in the second sentence, by striking $1,000,000 and inserting $3,000,000 . 105. Reclamation infrastructure finance and innovation pilot program (a) Establishment The Secretary shall establish and carry out a pilot program under which the Secretary shall provide to eligible entities described in subsection (c) loans and technical assistance in accordance with this section to carry out eligible projects described in subsection (b). (b) Eligible projects (1) In general A project eligible to receive assistance under the pilot program under this section is a water supply or water conservation project that, as determined by the Secretary— (A) is located in— (i) the State of Alaska; (ii) the State of Hawaii; or (iii) a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391 ); (B) would— (i) contribute directly or indirectly (including through groundwater recharge) to a safe, adequate water supply for domestic, agricultural, environmental, or municipal and industrial use; or (ii) promote water conservation or water use efficiency; and (C) is otherwise eligible for assistance under this section. (2) Projects associated with bureau of reclamation facilities A project that supports an improvement to, or is associated with, a Bureau of Reclamation facility shall be eligible to receive assistance under the pilot program under this section if— (A) the project meets the criteria described in paragraph (1); (B) the eligible entity carrying out the project demonstrates to the satisfaction of the Secretary that the eligible entity is initiating and implementing the project for non-Federal purposes; (C) the eligible entity retains or secures, through a long-term Federal property lease, operation and maintenance transfer agreement that provides for self-funding, or easement agreement with the Secretary, substantial control over the assets, operation, management, and maintenance of the project; and (D) the project meets any other criteria that the Secretary may establish. (3) Small community projects For projects eligible for assistance under this section and section 5028(a)(2)(B) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3907(a)(2)(B) ), the Secretary may assist applicants in combining 1 or more projects into a single application in order to meet the minimum project cost of $5,000,000 required under that section. (c) Eligible applicants The following entities are eligible to receive assistance under this section: (1) An entity described in section 5025 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3904 ). (2) A conservancy district, Reclamation district, irrigation district, or water district. (3) A canal company or mutual water company. (4) A water users’ association. (5) An agency established by an interstate compact. (6) An agency established under State law for the joint exercise of powers. (7) Any other individual or entity that has the capacity to contract with the United States under the reclamation laws. (d) Requirements (1) Project selection In selecting eligible projects to receive assistance under the pilot program under this section, the Secretary shall ensure diversity with respect to— (A) project type; and (B) geographical location within the States referred to in subsection (b)(1)(A). (2) Importation of other requirements The following provisions of law shall apply to the pilot program under this section: (A) Sections 5022, 5024, 5027, 5028, 5029, 5030, 5031, 5032, and 5034(a) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3901 , 3903, 3906, 3907, 3908, 3909, 3910, 3911, 3913(a)), except that— (i) any reference contained in those sections to the Secretary of the Army shall be considered to be a reference to the Secretary; (ii) any reference contained in those sections to an eligible project shall be considered to be a reference to an eligible project described in subsection (b); (iii) paragraphs (1)(E) and (6)(B) of subsection (a), and subsection (b)(3), of section 5028 of that Act ( 33 U.S.C. 3907 ) shall not apply with respect to this section; and (iv) subsections (e) and (f) of section 5030 of that Act ( 33 U.S.C. 3909 ) shall not apply with respect to this section. (B) The agreement between the Administrator of the Environmental Protection Agency and the Commissioner of Reclamation required under section 4301 of the America’s Water Infrastructure Act of 2018 ( 33 U.S.C. 3909 note; Public Law 115–270 ), pursuant to which the Administrator shall retain responsibility for administering any loans under this section. (3) Environmental laws No project shall receive funding under this section unless the project complies with— (A) applicable Federal environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) applicable State environmental laws. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out the pilot program under this section $150,000,000 for the period of fiscal years 2024 through 2028, to remain available until expended. (2) Administrative costs Of the funds made available pursuant to paragraph (1), the Secretary may use for administrative costs of carrying out the pilot program under this section (including for the provision of technical assistance to project sponsors pursuant to paragraph (3), to obtain any necessary approval, and for transfer to the Administrator of the Environmental Protection Agency to provide assistance in administering and servicing Federal credit instruments under the pilot program) not more than $5,000,000 for each applicable fiscal year. (3) Small community projects (A) In general Subject to subsection (b), the Commissioner may use the funds made available under paragraph (2) to provide assistance, including assistance to pay the costs of acquiring the rating opinion letters under paragraph (1)(D) of section 5028(a) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3907(a) ), to assist project sponsors in obtaining the necessary approvals for small community projects that are eligible for assistance under paragraph (2)(B) of that section or subsection (b)(3). (B) Limitation Assistance provided to a project sponsor under subparagraph (A) may not exceed an amount equal to 75 percent of the total administrative costs incurred by the project sponsor in securing financial assistance under this section. 106. Drinking water assistance for disadvantaged communities (a) In general The Secretary (acting through the Commissioner of Reclamation) may provide grants or enter into contracts or financial assistance agreements that provide not more than 100 percent of the cost of the planning, design, or construction of water projects or facilities or features of water projects, the primary purpose of which is to improve the domestic water supplies of communities or households that do not have reliable access to domestic water supplies in sufficient quantities or of sufficient quality in a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391 ). (b) Authorization of appropriations (1) Amount There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for the period of fiscal years 2024 through 2028. (2) Multiple benefit projects The Secretary shall use all or a portion of the funds made available under subsection (a) to incorporate into multiple benefit projects features or facilities to assist in providing domestic water supplies to disadvantaged communities. 107. Extraordinary operation and maintenance work; project modification (a) Reimbursement of costs Section 9603(b) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b(b) ) is amended— (1) in paragraph (1), by striking reimbursable purposes and inserting reimbursable and nonreimbursable purposes of the project and costs allocated to a reimbursable purpose ; (2) in paragraph (2), by striking costs and inserting costs, including reimbursable and nonreimbursable costs ; and (3) by adding at the end the following: (4) Determination of reimbursable costs Any costs expended under paragraph (1) or advanced under paragraph (2) that are allocated to existing nonreimbursable purposes of the project, including costs to restore or add a public benefit (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act), shall be considered to be nonreimbursable costs for purposes of this subsection. . (b) Authorization To modify projects To increase public benefits and other project benefits Section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ) is amended by adding at the end the following: (e) Authorization To modify projects To increase public benefits and other project benefits (1) Definitions In this subsection: (A) Adverse impact The term adverse impact means, with respect to a project modification, a reduction in water quantity or quality or a change in the timing of water deliveries available to a project beneficiary from the modified project as compared to the water quantity or quality or timing of water deliveries from— (i) the project with the original capacity restored, if the extraordinary operation and maintenance work under this section is intended to restore lost project capacity; (ii) the project prior to undertaking the planning and design, if the extraordinary operation and maintenance work under this section is for any purpose other than to restore lost project capacity; or (iii) project operations of the modified project without an increase in benefits for a new project beneficiary under paragraph (2)(E). (B) New benefit The term new benefit means the increase in benefits of the modified project compared to the benefits provided by— (i) the project with the original capacity restored, if the extraordinary operation and maintenance work under this section is intended to restore lost project capacity; or (ii) the project prior to undertaking the planning and design, if the extraordinary operation and maintenance work under this section is for any purpose other than to restore lost project capacity. (C) Project beneficiary The term project beneficiary means any entity that has a repayment, long-term water service, or other form of long-term contract or agreement executed pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. ), for water service from the project. (D) Public benefit The term public benefit has the meaning given the term in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act . (2) Authorization; requirements (A) In general In a case in which a project is anticipated to require extraordinary operation and maintenance work during the 10-year period beginning on January 1, 2023, the Secretary, in consultation with any transferred works operating entity and any project beneficiaries, may develop and carry out a proposal to modify project features to increase public benefits and other project benefits, including carrying out a feasibility study and conducting any applicable environmental analysis required for the proposal, subject to subparagraphs (B) through (F). (B) Maximum cost The maximum amount that may be added to the original project cost as a result of a project modification under subparagraph (A) shall not exceed— (i) an amount equal to 25 percent of the original cost of the project, in the case of a project for which the original cost of the project exceeds $100,000,000; or (ii) $25,000,000, in the case of a project for which the original cost of the project is not more than $100,000,000. (C) Public benefits In the case of a project modification under subparagraph (A), not less than 50 percent of the new benefits provided by the modification of the project shall be public benefits. (D) Written consent required A project modification under subparagraph (A) shall not be constructed until the date on which the Secretary has obtained the written consent of— (i) the transferred works operating entity, if applicable; and (ii) consistent with paragraph (3), any project beneficiary that would experience an adverse impact as a result of the modification of the project. (E) Adverse impact Any benefits that accrue to a new project beneficiary resulting from operations of the modified project shall not be increased without the consent of existing project beneficiaries that would experience an adverse impact as a result of the modification of the project. (F) Reimbursement of costs The costs of planning, design, and environmental compliance for a project modification under subparagraph (A) shall be reimbursed in accordance with subsection (b), except that any of the costs that would otherwise be allocated to a project beneficiary shall be considered nonreimbursable if the project beneficiary does not receive any increase in long-term average annual water deliveries as a result of the modification. (3) Procedure for obtaining consent and time limitation (A) Initial determination The Secretary shall initially determine whether the consent of a project beneficiary is required prior to construction under paragraph (2)(D) based on whether the modification or subsequent operations of the modified project would have any adverse impacts on a project beneficiary. (B) Written request for consent The Secretary shall provide to the transferred works operating entity, if any, and any project beneficiaries, in writing— (i) a description of the proposed modification and subsequent operations of the project; and (ii) (I) a request for consent under paragraph (2)(D); or (II) (aa) an explanation that the Secretary has determined that no consent is required under paragraph (2)(D); and (bb) a statement that if the project beneficiary believes that the consent of the project beneficiary is required, the project beneficiary shall send to the Secretary a reply not later than 30 days after the date of receipt of the notice that includes an explanation of the reasons that the project beneficiary would experience adverse impacts as a result of the project modification. (C) Final determination (i) Written response The Secretary shall respond in writing to any reply from a project beneficiary under subparagraph (B)(ii)(II)(bb) stating whether or not the Secretary determines that the project beneficiary would experience adverse impacts as a result of the project modification. (ii) Final agency action A written determination by the Secretary under clause (i) shall be considered to be a final agency action for purposes of section 704 of title 5, United States Code. (iii) Written request If the Secretary determines under clause (i) that the project beneficiary would experience adverse impacts as a result of the project modification, the Secretary shall send to the project beneficiary a written request for consent in accordance with subparagraph (B)(ii). (D) Time period for consent (i) In general If written consent required under paragraph (2)(D) is not obtained by the date that is 1 year after the date on which written consent is requested under subparagraph (B)(ii), the Secretary or the transferred works operating entity, as applicable, shall proceed with extraordinary operation and maintenance work of the project without the modification, unless the Secretary extends the time for consent under clause (ii). (ii) Extension At the discretion of the Secretary, the Secretary may elect to extend the time for obtaining consent under paragraph (2)(D) by 1 year. (4) Reallocation of costs based on project changes and increased public benefits The Secretary shall allocate costs, including capital repayment costs and operation and maintenance costs, for a project modification under paragraph (2), to provide that— (A) the public benefits provided by the modified project, including associated annual operation and maintenance costs, shall be nonreimbursable; and (B) the cost allocation of reimbursable costs to each project beneficiary reflects any changes in the benefits that the modified project is providing to the project beneficiary. (5) Incentive for benefitting entities to participate in projects with increased public benefits The total amount of reimbursable capital costs, as determined under paragraph (4), for a project modification that would increase public benefits without increasing municipal, industrial, or irrigation benefits of a project, shall be reduced by 15 percent, with each project beneficiary to be responsible for 85 percent of the reimbursable costs that would otherwise be allocated to the project beneficiary. (6) Reimbursable funds All reimbursable costs under this subsection shall be repaid in accordance with subsection (b). . 108. Use of revenue to improve drought resilience or dam safety (a) Definitions In this section: (1) Dam safety investment The term dam safety investment means a project to satisfy dam safety standards— (A) under the Federal Guidelines for Dam Safety issued by the Federal Emergency Management Agency or the Interagency Committee on Dam Safety; (B) under the Bureau of Reclamation Dam Safety Program, including repayment of an obligation for a corrective action taken pursuant to that program; or (C) required by the State in which a Bureau of Reclamation project or facility is located. (2) Drought Resilience Investment The term drought resilience investment means— (A) an improvement or addition to an eligible facility that will increase drought resilience in a Reclamation State; or (B) annual payments on repayment obligations incurred under section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ). (3) Eligible facility The term eligible facility means— (A) a project or facility owned by the Bureau of Reclamation; and (B) a non-Federal facility that stores, transports, or delivers water to or from a Bureau of Reclamation project or facility. (4) Eligible Temporary Transfer The term eligible temporary transfer means the temporary and voluntary selling, leasing, or exchanging of water or water rights among individuals or agencies that is allowable under the reclamation laws and the water law of the applicable State. (5) Transferor The term transferor means the holder of a water service, transferred works, water repayment, or other contract that entitles the holder to water from a Bureau of Reclamation project or facility that undertakes an eligible temporary transfer. (b) Use of revenue for drought resilience investments or dam safety investments (1) In general Notwithstanding the Act of February 25, 1920 (41 Stat. 451, chapter 86; 43 U.S.C. 521 ), or subsection J of section 4 of the Act of December 5, 1924 (43 Stat. 703, chapter 4; 43 U.S.C. 526 ), all amounts derived from an eligible temporary transfer that would otherwise be deposited in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391 ), shall remain available to the transferor. (2) Use of funds Any funds retained by a transferor under paragraph (1) may be— (A) used for a drought resilience investment or dam safety investment; or (B) placed in the reserve account of the transferor, to be used for future drought resilience investments or dam safety investments, subject to paragraph (3). (3) Transfer of unused funds to reclamation fund Any funds placed in the reserve account of the transferor pursuant to paragraph (2)(B) that are not used for drought resilience investments or dam safety investments by the date that is 10 years after the date of the placement shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). (4) Reporting The transferor shall report to the Commissioner of Reclamation on the use of any uses of funds derived from an eligible temporary transfer. (5) Effect of section (A) In general Nothing in this section— (i) affects any other authority of the Secretary to use amounts derived from revenues from a Bureau of Reclamation project; or (ii) creates, impairs, alters, or supersedes a State water right. (B) Applicable law Any eligible temporary transfer shall comply with all applicable— (i) State water laws; (ii) Federal laws and policies; and (iii) interstate water compacts. (c) Reclamation laws This section supplements and amends the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. ). II Improved technology and data 201. Reauthorization of the transboundary aquifer assessment program (a) Designation of priority transboundary aquifers Section 4(c)(2) of the United States-Mexico Transboundary Aquifer Assessment Act ( 42 U.S.C. 1962 note; Public Law 109–448 ) is amended by striking New Mexico or Texas and inserting New Mexico, Texas, or Arizona (other than an aquifer underlying Arizona and Sonora, Mexico, that is partially within the Yuma groundwater basin designated by the order of the Director of the Arizona Department of Water Resources dated June 21, 1984) . (b) Reauthorization (1) Authorization of appropriations Section 8(a) of the United States-Mexico Transboundary Aquifer Assessment Act ( 42 U.S.C. 1962 note; Public Law 109–448 ) is amended by striking $50,000,000 for the period of fiscal years 2007 through 2016 and inserting $50,000,000 for the period of fiscal years 2024 through 2028 . (2) Sunset of authority Section 9 of the United States-Mexico Transboundary Aquifer Assessment Act ( 42 U.S.C. 1962 note; Public Law 109–448 ) is amended by striking enactment of this Act and inserting enactment of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act . III Ecosystem restoration and protection 301. Ecosystem restoration (a) Definitions Section 40907 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3207 ) is amended by striking subsection (a) and inserting the following: (a) Definitions In this section: (1) Committee The term Committee means the Integrated Water Management Federal Leadership Committee established under subsection (f)(1). (2) Eligible applicant The term eligible applicant means— (A) a State; (B) a Tribal or local government; (C) an organization with power, water delivery, or water storage authority; (D) a regional authority; or (E) a nonprofit conservation organization. (3) Project The term project includes— (A) planning, design, permitting, and preconstruction activities; (B) construction, construction management, replacement, and other similar activities; (C) management activities, including the acquisition of an interest in land or water, including the acquisition of a conservation easement; (D) research, development, demonstration (including the demonstration of the scalability of a project or activity), and monitoring; and (E) project administration activities, including the payment of fees associated with implementing the project or activity. . (b) Requirements Section 40907(c)(1) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3207(c)(1) ) is amended by striking subparagraph (B) and inserting the following: (B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations that are express requirements of a permit or order issued under Federal or State law, unless such requirements expressly contemplate reliance on Federal funding in performance of the requirements. . (c) Other amendments Section 40907 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3207 ) is amended by adding at the end the following: (e) Other actions (1) In general In addition to other activities authorized under this section, the Secretary may undertake actions and enter into contracts and agreements to implement projects that implement watershed health, including projects described in subsection (b)(3), that— (A) accomplish 1 or more of the purposes described in subsection (b); and (B) are consistent with the requirements described in subsection (c). (2) Reimbursability The expenditures of the Secretary under this subsection and subsection (f) shall be nonreimbursable. (f) Leave behind water transfers (1) Purpose The purpose of this subsection is to authorize the Secretary to address habitat needs and promote collaborative, multi-benefit water management through water sharing arrangements that incorporate habitat and other public benefits into voluntary crop idling water transfers. (2) Authorization of acquisition In approving a water transfer within a Federal reclamation project that results in voluntary fallowing of crop land in the Sacramento Valley or Sacramento-San Joaquin River Delta, the Secretary may acquire a portion of the volume of water made available for transfer if the Secretary determines that crop land idled because of the transfer would create temporary wildlife habitat with the application of the acquired water, subject to paragraph (3). (3) Requirements In acquiring water pursuant to paragraph (2), the Secretary shall— (A) develop implementation guidelines in consultation with relevant stakeholders; (B) only acquire a portion of the volume of water made available for transfer if the transferor and the transferee agree to the acquisition; (C) negotiate a mutually agreeable volume of water for acquisition with the transferor and the transferee; (D) pay not more per volume of water than the price negotiated between the transferor and transferee for the water to be transferred; (E) compensate the transferor for any reasonable incremental costs associated with managing the water acquired to create temporary wildlife habitat; and (F) apply the acquired water to idled crop land to create temporary wildlife habitat. (4) Prioritization The Secretary shall give priority to approving and facilitating transfers under this subsection that incorporate voluntary habitat and other public benefits that exceed the benefits provided under regulatory requirements. (5) Treatment Water acquired by the Secretary under paragraph (2) shall be in addition to, and not a substitute for, actions required to meet obligations under existing law, including— (A) the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 ; 106 Stat. 4706); and (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (6) Reporting The Secretary shall annually submit to the authorizing committees of Congress (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act ) a report that describes, for the period covered by the report— (A) the volume of water acquired under paragraph (2); and (B) the extent and duration of temporary wildlife habitat created under that paragraph. (g) Integrated water management Federal leadership committee for assisting projects at the request of a sponsor (1) Establishment Not later than 180 days after the date on which an eligible entity or qualified partner sponsoring a habitat restoration project that receives a grant under this section submits to the Secretary a request for the establishment of the Integrated Water Management Federal Leadership Committee, the Secretary shall establish the Integrated Water Management Federal Leadership Committee. (2) Chairperson The Assistant Secretary for Water and Science of the Department of the Interior shall— (A) serve as the chairperson of the Committee; and (B) coordinate the activities of, and communication among, members of the Committee. (3) Membership The Committee shall include representatives of Federal agencies with responsibility for water and natural resource issues, including representatives of— (A) the Bureau of Reclamation; (B) the United States Fish and Wildlife Service; (C) the National Marine Fisheries Service; (D) the Corps of Engineers; (E) the Environmental Protection Agency; and (F) the Department of Agriculture. (4) Duties and responsibilities The members of the Committee shall establish the duties and responsibilities of the Committee, including— (A) facilitating communication and collaboration among Federal agencies to support and advance any projects for which an eligible entity or qualified partner requests the assistance of the Committee; (B) ensuring the effective coordination among relevant Federal agencies and departments to ensure accelerated implementation of any projects for which an eligible entity or qualified partner requests the assistance of the Committee; and (C) making policy and budgetary recommendations, if determined to be appropriate by the Committee, to support the implementation of projects. (5) Project assistance On request of an eligible entity or a qualified partner for a habitat restoration project, the Committee shall assist that project with permit processing and interagency coordination. (h) Authorization of appropriations In addition to amounts made available under section 40901(11), there is authorized to be appropriated to the Secretary $250,000,000 to carry out this section for the period of fiscal years 2024 through 2028, of which— (1) $150,000,000 shall be made available for the competitive grant program described in subsection (b); and (2) $100,000,000 shall be made available for other actions described in subsection (e) and to carry out subsection (f). (i) Applicable law Nothing in this section affects or modifies— (1) the obligations of the Secretary under— (A) the reclamation laws; or (B) Federal environmental laws, including— (i) the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 ; 106 Stat. 4706); and (ii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (2) the obligations of a non-Federal party to comply with applicable Federal and State laws. . 302. Performance-based restoration authority (a) Definitions In this section: (1) Eligible project The term eligible project means a habitat or ecosystem restoration, mitigation, or enhancement project or activity authorized individually or through an existing Federal program. (2) Eligible restoration provider The term eligible restoration provider means a non-Federal for-profit or nonprofit organization, company, or corporation, or a State, Tribal, or local government, that is bonded, insured, and experienced in financing and completing successful habitat and restoration, mitigation, and enhancement activities. (3) Performance-based The term performance-based means, with respect to a contract, grant agreement, cooperative agreement, or fixed amount award, a pay-for-performance, pay-for-success, pay-for-results, or similar model by which the restoration provider agrees to finance and complete habitat or ecosystem restoration, mitigation, or enhancement activities, with payment to the restoration provider linked to delivery of verifiable and successful ecological performance, based on metrics and the timeframe established in advance by the Secretary. (4) Restoration provider The term restoration provider means a non-Federal organization that performs restoration services contracted for, agreed to, or awarded under a contract or agreement entered into under subsection (b)(1). (b) Authorization (1) In general Subject to subsection (j), in implementing existing authorities under Federal law related to habitat and ecosystem restoration, mitigation, or enhancement, the Secretary may enter into performance-based contracts, grant agreements, and cooperative agreements, including providing funding through fixed amount awards, with eligible restoration providers for the conduct of eligible projects for which ecological targets and outcomes are— (A) clearly defined; (B) agreed to in advance; and (C) capable of being successfully achieved. (2) Performance-based contracts For purposes of paragraph (1), the Secretary may enter into performance-based contracts with eligible restoration providers experienced in financing and completing successful ecological habitat and restoration, mitigation, and enhancement activities. (3) Grants and awards For purposes of paragraph (1), the Secretary— (A) may provide funding through grant agreements and cooperative agreements, including fixed amount awards, for eligible projects; and (B) shall allow for the use of performance-based tools in the agreements and awards described in subparagraph (A). (4) Pass-through grants and awards For purposes of paragraph (1), the Secretary— (A) may allow funding provided to States, local governments, Indian Tribes, and nonprofit organizations to be passed through to third-party eligible restoration providers under a contract or agreement entered into under that paragraph; and (B) shall allow for the use of performance-based tools in grant and cooperative agreements entered into with eligible restoration providers under that paragraph. (5) Multi-year agreements The Secretary may use performance-based contracts, grant agreements, and cooperative agreements, including fixed amount awards, issued under this section for multi-year agreements, including capacity for multi-year payment schedules for professional services, subject to appropriations prior to obligation. (c) Guidelines (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall develop programmatic guidelines for the use of performance-based contracts, grant agreements, and cooperative agreements for eligible projects authorized under subsection (b)(1). (2) Consultation required (A) In general In developing the guidelines under paragraph (1), the Secretary shall consult with external organizations and other appropriate entities with experience in performance-based contracts, agreements, or awards, consistent with sections 6302 through 6305 of title 31, United States Code. (B) Limitation Consultation with the organizations and entities described in subparagraph (A) shall not constitute or necessitate establishment of an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). (3) Requirements At a minimum, guidelines developed under paragraph (1) shall include guidance on— (A) appropriate proposal and evaluation criteria for eligible projects; (B) eligibility criteria for restoration providers; (C) criteria for defining achievable ecological outcomes; and (D) determination of restoration provider financial assurances sufficient to ensure ecological outcomes will be successfully achieved. (d) Identification of eligible projects The Secretary shall— (1) identify eligible projects for the use of contracts and agreements under subsection (b)(1); and (2) issue a request for proposals from eligible restoration providers to meet the ecological requirements of habitat and ecosystem restoration, mitigation, and enhancement for the eligible projects identified under paragraph (1). (e) Certification After the date on which an eligible project identified under subsection (d)(1) is completed, the Secretary shall certify that the work on the eligible project was completed in accordance with the ecological requirements and outcomes defined in advance in the applicable contract or agreement. (f) Technical assistance At the request of an eligible restoration provider entering into a contract or agreement with the Secretary under subsection (b)(1), the Secretary may provide to the eligible restoration provider technical assistance with respect to— (1) conducting a study, engineering activity, or design activity related to an eligible project carried out by the eligible restoration provider under this section; and (2) obtaining permits necessary for the eligible project. (g) Effect Nothing in this section authorizes the Secretary to waive— (1) the obligations of the Secretary under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); or (D) any other provision of Federal environmental law; or (2) the obligations of a non-Federal party to comply with applicable Federal and State laws. (h) Non-Federal funding The restoration provider may finance the applicable non-Federal share of an eligible project carried out under the authority provided under subsection (b)(1), on the condition that the non-Federal cost-share responsibility remains with the non-Federal party. (i) Cost share Nothing in this section affects a cost-sharing requirement under Federal law that is applicable to an eligible project carried out under the authority provided under subsection (b)(1). (j) Mitigation Nothing in this section authorizes Federal funding to meet existing environmental mitigation or compliance obligations that are express requirements of a permit or order issued under Federal or State law, unless the requirements expressly contemplate reliance on Federal funding for the performance of the requirements. (k) Report (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall— (A) submit to the authorizing committees of Congress and make publicly available a report describing the results of activities carried out under the authority established under subsection (b)(1), including any recommendations of the Secretary on whether the authority or any component of the authorized activities should be implemented on a national basis; and (B) except as provided in subsection (g), identify any procedural requirements that impede the use of performance-based contracts, grants, and cooperative agreements, including fixed amount awards, for the development and completion of eligible projects. (2) Addressing impediments Not later than 1 year after the date on which the Secretary identifies impediments, if any, under paragraph (1)(B), the Secretary shall develop and implement programmatic procedures and approaches, including recommendations to the authorizing committees of Congress on legislation, that would— (A) to the extent practicable, address the impediments; and (B) protect the public interest and any public investment in eligible projects carried out under this section. IV Miscellaneous 401. Modifications to drought program under the Reclamation States Emergency Drought Relief Act of 1991 (a) Assistance during drought; water purchases Section 101 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2211 ) is amended— (1) in subsection (a)— (A) in the first sentence, by striking Consistent and inserting the following: (1) In general Subject to paragraph (2) and consistent ; (B) in paragraph (1) (as so designated), in the second sentence, by striking Any construction activities and inserting the following: (2) Limitation Any construction activities ; and (C) in paragraph (2) (as so designated), by striking except that and all that follows through the period at the end and inserting the following: except that the following may be permanent facilities: (A) A construction project— (i) for which Federal expenditures are not more than $30,000,000; and (ii) that is supported by— (I) the Governor or the relevant agency head of the affected State; or (II) if the construction project is on a reservation, by the affected Indian Tribe. (B) A well drilled to minimize losses and damages from drought conditions that— (i) aligns with applicable local, State, or regional groundwater sustainability goals; or (ii) supports drinking water supplies for a disadvantaged community (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act ) or Indian Tribe. ; and (2) by adding at the end the following: (e) Funding for fee-Based environmental programs (1) In general For any fiscal year for which, due to a drought, as determined by the Secretary, there are insufficient funds to carry out any environmental program that is funded in whole or in part by fees based on the water volume of water delivered by a Federal reclamation project (including fees collected under section 3407(c) of the Reclamation Projects Authorization and Adjustment Act of 1992 ( Public Law 102–575 ; 106 Stat. 4726)), the Secretary may use other unobligated amounts made available to the Secretary to carry out the environmental program for the fiscal year. (2) Nonreimbursable funds Notwithstanding any other provision of law, amounts made available under paragraph (1) shall be nonreimbursable. (3) Effect Nothing in this subsection affects— (A) the authority of the Secretary to address insufficient funding for an environmental program described in paragraph (1) that is not a result of a drought; or (B) the obligations of the Secretary to the environment under Federal law. . (b) Applicable period of drought program Section 104 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general The programs and authorities established under this title shall not become operative in any Reclamation State or in the State of Hawaii until the date on which— (1) (A) the Governor of the affected State, and the governing body of the affected Indian Tribe with respect to a reservation, has made a request for temporary drought assistance; and (B) the Secretary has determined that the temporary assistance is merited; (2) a drought emergency has been declared for a State or portion of a State by the Governor of each affected State; or (3) a drought contingency plan is approved in accordance with title II. ; and (2) in subsection (c), by striking 2021 and inserting 2031 . (c) Municipal wells; funding under the Infrastructure Investment and Jobs Act Section 9504(a)(3) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(a)(3) ) is amended by adding at the end the following: (G) Municipal wells A grant or agreement entered into by the Secretary with any eligible applicant under paragraph (1) to drill a groundwater well for municipal supply to minimize losses and damages from drought conditions, including construction activities to transport or otherwise convey groundwater pumped from the well, shall not contribute to an increase in the net water use of the eligible applicant beyond the period of any drought emergency, except if— (i) the groundwater well is for the purpose of supplying drinking water for a disadvantaged community (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act ) or Indian Tribe; or (ii) the new groundwater use is partially offset by aquatic habitat enhancement— (I) during the drought period; or (II) over the long-term, including a future drought period. (H) Funding under the Infrastructure Investment and Jobs Act For purposes of amounts made available to carry out this section under paragraph (7) of section 40901 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3201 ) for each of fiscal years 2025 and 2026, projects or activities eligible for funding under that paragraph may include a combination of proposed planning activities, actions, or projects within a basin, with the maximum amount of the combined activities not to exceed the maximum amount established under subparagraph (E)(iii). . 402. Clarification of authority to use coronavirus fiscal recovery funds to meet a non-Federal matching requirement for authorized water projects (a) Coronavirus state fiscal recovery fund Section 602(c)(4) of the Social Security Act ( 42 U.S.C. 802(c)(4) ) is amended— (1) in the paragraph heading, by striking bureau of reclamation ; and (2) by striking an authorized Bureau of Reclamation project and inserting a project undertaken or funded by the Bureau of Reclamation pursuant to an Act of Congress . (b) Coronavirus local fiscal recovery fund Section 603(c)(5) of the Social Security Act ( 42 U.S.C. 803(c)(5) ) is amended by striking an authorized Bureau of Reclamation project and inserting a project undertaken or funded by the Bureau of Reclamation pursuant to an Act of Congress . 403. Environmental compliance No water recycling project, non-Federal storage project, eligible desalination project, project eligible for a loan under the pilot program under section 105, or a project eligible for a grant under section 106 shall receive Federal funding under this Act unless the applicable project complies with— (1) applicable Federal environmental laws; and (2) applicable State environmental laws. 404. Effect Nothing in this Act or an amendment made by this Act shall be interpreted or implemented in a manner that interferes with any obligation of a State under the Rio Grande Compact or any other compact approved by Congress under the Act of May 31, 1939 (53 Stat. 785, chapter 155), or any litigation relating to the Rio Grande Compact or other compact. | https://www.govinfo.gov/content/pkg/BILLS-117s4231is/xml/BILLS-117s4231is.xml |
117-s-4232 | II 117th CONGRESS 2d Session S. 4232 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mr. Kelly introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To address the recovery of certain costs with respect to certain Reclamation facilities in the Colorado River Basin, and for other purposes.
1. Recovery of certain costs with respect to certain Colorado River Basin Reclamation facilities (a) In general With respect to hydropower production from any Reclamation facility in the Colorado River Basin with hydropower as an authorized project purpose, the Secretary of the Interior shall not— (1) allocate to preference hydropower contractors who receive power from the applicable Reclamation facility any operations and maintenance costs for any period during which the applicable facility is not able to generate hydropower as a result of dry hydrologic conditions; or (2) recover from preference hydropower contractors construction costs for the Reclamation facility for any water year during which, for a period of more than 180 days, no power is produced by the applicable facility. (b) Nonreimbursable costs Any costs incurred by the United States under subsection (a) shall be nonreimbursable to the United States. (c) Effect Nothing in this section alters or affects any water right with respect to— (1) the United States; (2) any Indian Tribe, band, or community; (3) any State or political subdivision of a State; or (4) any person. (d) Funding In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior and the Administrator of the Western Area Power Administration for each fiscal year, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary for the Secretary of the Interior and the Administrator of the Western Area Power Administration, respectively, to carry out authorized activities and obligations that would otherwise be carried out using amounts collected from preference hydropower contractors as payments for the costs described in subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4232is/xml/BILLS-117s4232is.xml |
117-s-4233 | II 117th CONGRESS 2d Session S. 4233 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Infrastructure Investment and Jobs Act to provide for critical maintenance and repair of certain Bureau of Reclamation reserved or transferred works, and for other purposes.
1. Short title This Act may be cited as the Platte River Basin Critical Maintenance and Repair Act . 2. Critical maintenance and repair Section 40904 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3204 ) is amended— (1) in subsection (a)(1)(B)— (A) by striking the period at the end and inserting ; or ; (B) by striking (B) a unit and inserting (B)(i) a unit ; and (C) by adding at the end the following: (ii) in the case of reserved or transferred works located within the Platte River Basin, the reserved or transferred works had a structural failure in Bureau of Reclamation infrastructure resulting in a declaration of emergency by the applicable State during the 3-year period ending on the date of enactment of this Act. ; and (2) by adding at the end the following: (c) Authorization of appropriations In addition to amounts otherwise made available to carry out subsection (a), there is authorized to be appropriated to carry out that subsection $100,000,000 for fiscal year 2023, to remain available until expended. . | https://www.govinfo.gov/content/pkg/BILLS-117s4233is/xml/BILLS-117s4233is.xml |
117-s-4234 | II 117th CONGRESS 2d Session S. 4234 IN THE SENATE OF THE UNITED STATES May 17, 2022 Ms. Rosen (for herself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to make improvements to the redistribution of residency slots under the Medicare program after a hospital closes.
1. Short title This Act may be cited as the Physicians for Underserved Areas Act . 2. Improvements to the redistribution of residency slots under the Medicare program after a hospital closes (a) In general Section 1886(h)(4)(H)(vi) of the Social Security Act ( 42 U.S.C. 1395ww(h)(4)(H)(vi) ) is amended— (1) in subclause (II)— (A) by striking item (cc) and redesignating item (dd) as item (cc); and (B) in item (cc), as redesignated under subparagraph (A)— (i) by striking Fourth and inserting Third ; and (ii) by striking item (cc) and inserting item (bb) ; and (2) in subclause (III), by striking likelihood of filling and all that follows and inserting the following: “likelihood of— (aa) starting to utilize the positions made available under this clause within 2 years; and (bb) filling the positions made available under this clause within 5 years. . (b) Effective date The amendments made by subsection (a) shall apply to the redistribution of residency slots with respect to hospitals that close on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4234is/xml/BILLS-117s4234is.xml |
117-s-4235 | II 117th CONGRESS 2d Session S. 4235 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mr. Grassley (for himself and Mr. Coons ) 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 fix a technical error in the definitions.
1. Amendments to the Controlled Substances Act Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended— (1) by redesignating paragraph (58) as paragraph (59); (2) by redesignating the second paragraph designated as paragraph (57) (relating to the definition of serious drug felony ) as paragraph (58); and (3) by moving paragraphs (57), (58) (as so redesignated), and (59) (as so redesignated) 2 ems to the left. | https://www.govinfo.gov/content/pkg/BILLS-117s4235is/xml/BILLS-117s4235is.xml |
117-s-4236 | II 117th CONGRESS 2d Session S. 4236 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mr. Heinrich (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for a national water data framework, to provide for the water security of the Rio Grande Basin, to reauthorize irrigation infrastructure grants, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Water Data and Security Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Water data Sec. 101. Definitions. Sec. 102. National Water Data Framework. Sec. 103. Water Data Council. Sec. 104. Advisory Committee on Water Information. Sec. 105. Water data grant program. Sec. 106. Authorization of appropriations. TITLE II—Rio Grande water security Sec. 201. Definitions. Sec. 202. Integrated water resources management plan for the Rio Grande Basin. Sec. 203. Rio Grande Basin Working Group. Sec. 204. Effect of title. TITLE III—Pueblo irrigation Sec. 301. Reauthorization of Pueblo irrigation infrastructure grants. 2. Definitions In this Act: (1) 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 ). (2) Secretary The term Secretary means the Secretary of the Interior. I Water data 101. Definitions In this title: (1) Advisory committee The term Advisory Committee means the Advisory Committee on Water Information established by section 104(a). (2) Council The term Council means the Water Data Council established under section 103(a). (3) Data standards The term data standards means standards relating to the manner in which data are to be structured, populated, and encoded in machine-readable formats, and made interoperable for data exchange. (4) Departments The term Departments means each of the following: (A) The Department of Agriculture. (B) The Department of Commerce. (C) The Department of Defense. (D) The Department of Energy. (E) The Department of Health and Human Services. (F) The Department of Homeland Security. (G) The Department of the Interior. (H) The Environmental Protection Agency. (I) The National Aeronautics and Space Administration. (5) National Water Data Framework The term National Water Data Framework means the national water data framework developed under section 102. (6) Water data The term water data means measurements of basic properties relating to the planning and management of water resources, including streamflow, precipitation, groundwater, soil moisture, snow, evaporation, water quality, and water use in agriculture, industry, natural systems, and municipal uses. (7) Water Data Grant Program The term Water Data Grant Program means the water data grant program established under section 105(a). (8) Water data infrastructure The term water data infrastructure means an integrated system of information technologies that includes common standards, formats, and tools to make water data easy to find, access, and share online. 102. National Water Data Framework (a) In general For the purpose of improving water resources management and access across the United States, including addressing drought, floods, and other water management challenges, the heads of the Departments shall jointly develop and implement a national water data framework for integrating, sharing, and using water data. (b) Requirements In developing and implementing the National Water Data Framework, the Departments shall— (1) identify and prioritize key water data needed to support water resources management and planning, including— (A) water data sets, types, and associated metadata; and (B) water data infrastructure, technologies, and tools; (2) develop and adopt common national water data standards for collecting, sharing, and integrating water data, infrastructure, technologies, and tools in consultation with States, Indian Tribes, local governments, and relevant bodies; (3) ensure that Federal water data are made findable, accessible, interoperable, and reusable in accordance with the standards developed and adopted pursuant to this title; (4) integrate water data and tools through common approaches to data infrastructure, platforms, models, and tool development; (5) establish a common, national geospatial index for publishing and linking water data from Federal, State, Tribal, and other non-Federal sources for online discovery; (6) harmonize and align policies, programs, protocols, budgets, and funding programs relating to water data to achieve the purposes of this title to the maximum extent practicable; (7) participate in and coordinate water data activities with the Council; and (8) support the adoption of new technologies and the development of tools for water data collection, sharing, and standardization by Federal, State, Tribal, local, and other entities. 103. Water Data Council (a) In general The heads of the Departments shall establish an interagency Council, to be known as the Water Data Council , to support the development and implementation of the National Water Data Framework. (b) Membership (1) Duties of Secretary The Secretary shall— (A) serve as the Chair of the Council; (B) in collaboration with the Office of Science and Technology Policy, convene the Council not less frequently than 4 times each year; and (C) provide staff support for the Council through the United States Geological Survey. (2) Members Council Members shall include the heads of the following entities: (A) The Departments. (B) Bureaus and offices of the Departments that have a significant role or interest in water data, including— (i) the Corps of Engineers; (ii) the Bureau of Indian Affairs; (iii) the Bureau of Reclamation; (iv) the Federal Emergency Management Agency; (v) the Federal Energy Regulatory Commission; (vi) the United States Fish and Wildlife Service; (vii) the Indian Health Service; (viii) the Forest Service; (ix) the National Laboratories; (x) the Natural Resources Conservation Service; (xi) the National Oceanic and Atmospheric Administration; (xii) the Rural Development program of the Department of Agriculture; and (xiii) the United States Geological Survey. (C) Offices of the Executive Office of the President, including— (i) the Council on Environmental Quality; (ii) the Office of Management and Budget; and (iii) the Office of Science and Technology Policy. (D) Other Federal entities that the Chair and a majority of the members of the Council described in subparagraphs (A) through (C) determine to be appropriate. (c) Duties The Council shall— (1) support the development and implementation of the National Water Data Framework; and (2) facilitate communication and collaboration among members of the Council— (A) to establish, adopt, and implement common national water data standards; (B) to promote water data sharing and integration across Federal departments and agencies, including— (i) water data collection, documentation, maintenance, distribution, and preservation strategies; and (ii) development and use of water data infrastructure, tools, and technologies to support water management and planning; (C) to align the policies, programs, protocols, budgets, and funding programs relating to water data of the members of the Council; and (D) to promote partnerships across Federal entities and non-Federal entities— (i) to advance innovation and solutions in water data, technology, tools, planning, and management; and (ii) to develop guidelines for data sharing and protecting data privacy. (d) Water Data Council reports Not later than 180 days after the date of enactment of this Act, 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, acting on behalf of the Council, shall submit to members of the Council and the appropriate committees of Congress and make available publicly online a report that describes— (1) the National Water Data Framework; (2) the actions undertaken by the Departments to implement this title pursuant to section 102; (3) key water data sets, types, and infrastructure needed to support water management and planning; (4) goals, targets, and actions to carry out the National Water Data Framework in the subsequent fiscal year; (5) a summary and evaluation of the progress of the Departments in achieving any prior goals, targets, and actions to carry out the National Water Data Framework; (6) actions needed to align policies, programs, and budgetary resources to carry out the National Water Data Framework in the subsequent fiscal year; (7) grants and assistance provided to State, Tribal, and local entities toward the development and adoption of new technologies and tools; (8) opportunities to develop and incentivize the deployment of promising next-generation technologies, including new water data technologies and tools, in partnership with the private sector and others to accomplish the purposes of this title; and (9) metrics for achieving the National Water Data Framework. 104. Advisory Committee on Water Information (a) Establishment There is established within the Department of the Interior an advisory committee, to be known as the Advisory Committee on Water Information , to advise the Secretary, Departments, and Council on the development and implementation of the National Water Data Framework. (b) Membership (1) Composition The Advisory Committee shall be composed of members, to be appointed by the Secretary in a manner that provides for— (A) balanced representation among various entities involved in water-related activities; and (B) consideration for a geographic balance of individuals representing localities across the United States. (2) Selection Members of the Advisory Committee shall be selected by the Secretary from among entities involved in water-related activities, including— (A) States; (B) Indian Tribes; (C) local governments; (D) Federal entities; (E) water agencies, utilities, conservation districts, irrigation districts, acequias, and other water user associations; (F) organizations that facilitate collaboration across States and multi-state instrumentalities; (G) educational institutions; (H) professional organizations; (I) water data and technology-related experts, professionals, and industries; (J) private sector entities; and (K) nonprofit organizations. (3) Term Members of the Advisory Committee shall be appointed by the Secretary for a term not to exceed 4 years. (c) Chair The Secretary shall serve as the Chair of the Advisory Committee. (d) Staff support The United States Geological Survey shall provide support services for the Advisory Committee. (e) Meetings The Advisory Committee shall meet at the call of the Chair, but not less frequently than 4 times each year. (f) Duties The duties of the Advisory Committee are to advise the Secretary, Departments, and Council on— (1) the development and implementation of the National Water Data Framework; (2) efforts to operate a cost-effective national network of water data collection and analysis that meets the priority water information needs of the Federal Government and, to the extent practicable using available resources, the needs of the non-Federal community that are tied to national interests; (3) efforts to develop uniform standards, guidelines, and procedures for the collection, analysis, management, and dissemination of water information to improve quality, consistency, and accessibility nationwide; and (4) the effectiveness of existing water information programs and recommended modifications needed to respond to changes in legislation, technology, and other conditions. (g) Applicability of FACA (1) In general Except as provided in paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee. (2) No termination Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. 105. Water data grant program (a) In general The Secretary shall establish a water data grant program under which the Secretary shall award grants— (1) to support non-Federal entities in making water data sets findable, accessible, interoperable, and reusable in accordance with the water data standards established under this title; (2) to advance the development of water data infrastructure, tools, and technologies to facilitate the sharing and use of water data; (3) to support programs and projects that facilitate water data sharing and use in water resources management and the implementation of the National Water Data Framework; and (4) to provide a prize for accelerating innovation and developing next-generation water data tools and technologies. (b) Coordination with the Council The Secretary shall consult and coordinate with the Council in creating and implementing the Water Data Grant Program to ensure that— (1) the Water Data Grant Program is aligned with and carries out the purposes of this title; and (2) grants and programs are harmonized across the Departments and members of the Council to achieve the purposes of this title. (c) Eligible entities An entity eligible for a grant under the Water Data Grant Program— (1) shall demonstrate significant needs or capabilities for advancing water data sharing and tools with a significant public benefit; and (2) may include— (A) a State, multistate instrumentality, Indian Tribe, or other unit of local government; (B) a water agency, utility, conservation district, irrigation district, acequia, mutual domestic association, or other entity organized pursuant to Federal, Tribal, or local laws for the purpose of water-related activities; (C) an educational institution or nonprofit organization; and (D) in the case of carrying out activities described in subsection (a)(4)— (i) an individual who is a citizen or legal resident of the United States; or (ii) an entity that is incorporated and maintains the primary place of business of the entity in the United States. (d) Requirements (1) Data sharing and standards Any project funded through the Water Data Grant Program shall be implemented in accordance with the water data standards established under section 102. (2) Use of existing water data infrastructure The recipient of a grant shall, to the extent practicable, leverage existing water data and water data infrastructure. (e) Report Not later than 1 year after the date of enactment of this Act, 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 Congress a report that describes the implementation of the Water Data Grant Program, including— (1) a description of the use and deployment of amounts made available under the Water Data Grant Program; (2) an accounting of all grants awarded under the Water Data Grant Program, including a description of— (A) each grant recipient; and (B) each project funded under the Water Data Grant Program; (3) an assessment of the success of the Water Data Grant Program in advancing the purposes of this title; and (4) a plan for the subsequent fiscal year to achieve the purposes of this title. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Water Data Grant Program $25,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (g) Administrative costs Of the funds authorized to be appropriated under subsection (f), not more than 3 percent may be used by the Secretary for administrative costs. 106. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out sections 102 through 104 $15,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. II Rio Grande water security 201. Definitions In this title: (1) Basin Plan The term Basin Plan means the integrated water resources management plan for the Rio Grande Basin developed under section 202(a). (2) Basin State The term Basin State means each of the following States: (A) Colorado. (B) New Mexico. (C) Texas. (3) Nature-based feature The term nature-based feature has the meaning given the term in section 9502 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10362 ). (4) Rio Grande Basin The term Rio Grande Basin means the mainstem of the Rio Grande from the headwaters of the Rio Grande in Colorado to the mouth of the Rio Grande in Texas and any hydrologically connected groundwater, aquifers, and tributaries, including tributaries that provide water via basin transfers. (5) Working group The term Working Group means the Rio Grande Basin Working Group convened under section 202(a). 202. Integrated water resources management plan for the Rio Grande Basin (a) In general Not later than 120 days after the date of enactment of this Act, the Secretary shall convene a Federal Working Group, to be known as the “Rio Grande Basin Working Group”, to consult and collaborate with the Basin States, Indian Tribes, units of local government, irrigation districts, conservation districts, acequias, land Grant-Mercedes, and other local partners in the Rio Grande Basin to develop and implement an integrated water resources management plan for the Rio Grande Basin using the best available science, data, and local knowledge. (b) Purpose The purpose of the Basin Plan is to improve— (1) water security and quality for communities throughout the Rio Grande Basin; (2) river and watershed health for ecosystems, fish, and wildlife in the Rio Grande Basin; (3) the resilience of communities and ecosystems in the Rio Grande Basin to drought and hydrologic change; and (4) consultation, collaboration, and partnerships among Federal agencies, Basin States, Indian Tribes, and local partners within the Rio Grande Basin. (c) Requirements The Basin Plan shall include— (1) a list of recommended projects and activities to achieve the purpose described in subsection (b), using the best available science for current and future conditions in the Rio Grande Basin, including recommendations for— (A) improving infrastructure design, maintenance, repair, planning, management, and operations throughout the Rio Grande Basin; (B) improving science, data, monitoring, and collaboration to improve understanding of the Rio Grande Basin, including— (i) the hydrology and other processes of the Rio Grande Basin; and (ii) the long-term availability of water across the Rio Grande Basin; (C) increasing water conservation in the Rio Grande Basin through partnerships with communities and water users; (D) investments in nature-based features, infrastructure, and habitat improvements to improve river health, resilience, water security, and hazard mitigation in the Rio Grande Basin; (E) updating reservoir operations authorities and water control manuals; and (F) improving consultation, collaboration, and partnerships throughout the Rio Grande Basin to achieve the objectives described in subparagraphs (A) through (E); (2) a list of potential changes to existing Federal authorities that may be needed to implement the Basin Plan; and (3) a timeline for implementing the Basin Plan over a 30-year period. (d) Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary shall— (1) submit the Basin Plan to— (A) the appropriate committees of Congress; and (B) the Basin States, Indian Tribes located within the Rio Grande Basin, and local partners; and (2) make the Basin Plan publicly available online. (e) Implementation (1) In general On submission of the Basin Plan to Congress under subsection (d)(1)(A), the relevant agencies of the Working Group may implement recommended projects and activities from the Basin Plan to achieve the purposes of this title, including— (A) water conservation and restoration projects; (B) streamflow and groundwater recharge improvements; (C) optimization of Federal project management, including— (i) improvements and flexibility in reservoir, irrigation, and flood control project operations; and (ii) updates and amendments to particular reservoir operations authorities, contracts, and water control manuals within the Rio Grande Basin, consistent with the recommendations provided in subsection (c)(1)(E); (D) studies of relevant projects and activities requiring further authorization; (E) the establishment of a collaborative science, data, and monitoring program for the Rio Grande Basin; and (F) the establishment of a coordinated technical assistance program to support Rio Grande Basin stakeholders in accessing resources and programs to achieve the purposes of this title. (2) Waiver In implementing this subsection, the relevant agencies of the Working Group may waive or reduce Federal cost-share requirements for projects and activities that demonstrate significant public benefits in accordance with the purpose described in subsection (b). (f) Requirements The projects and activities implemented pursuant to subsection (e) shall be— (1) subject to required authorization and appropriation by Congress; (2) contingent on the completion of applicable feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for the proposed projects and activities; and (3) implemented— (A) in accordance with applicable law, including— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (B) in consultation with and in accordance with State, Tribal, and local authorities in the Basin States; (C) in accordance with interstate and international agreements applicable to the Rio Grande Basin; and (D) in accordance with the water rights of any Indian Tribe or agreements between any Indian Tribe and the United States. (g) Authorization of appropriations There are authorized to be appropriated to the heads of the agencies represented on the Working Group such sums as are necessary to carry out this title for each of fiscal years 2023 through 2052. 203. Rio Grande Basin Working Group (a) Composition The Working Group shall be composed of the following members: (1) The Administrator of the Environmental Protection Agency. (2) The Assistant Secretary of the Army for Civil Works. (3) The Chief of the Forest Service. (4) The Chief of the Natural Resources Conservation Service. (5) The Commissioner of the International Boundary and Water Commission. (6) The Commissioner of Reclamation. (7) The Director of any National Laboratory located in a Basin State. (8) The Director of the Bureau of Indian Affairs. (9) The Director of the Bureau of Land Management. (10) The Director of the National Park Service. (11) The Director of the United States Fish and Wildlife Service. (12) The Director of the United States Geological Survey. (13) The Secretary of Energy. (14) The Under Secretary for Rural Development. (15) The heads of any other relevant Federal agencies, as determined to be appropriate by a majority of the members of the Working Group described in paragraphs (1) through (14). (b) Duties The Working Group shall consult, collaborate, and work with Basin States, Indian Tribes located within the Rio Grande Basin, and local partners— (1) to develop and implement a Basin Plan; and (2) on submission of the Basin Plan to Congress under section 202(d)(1)(A), to support ongoing collaboration across the Rio Grande Basin among Federal stakeholders and non-Federal stakeholders within the Rio Grande Basin. 204. Effect of title Nothing in this title— (1) affects, waives, abrogates, diminishes, defines, or interprets any water right of any Indian Tribe or agreement between any Indian Tribe and the United States; (2) affects a contract or benefit in existence on the date of enactment of this Act that was executed pursuant to the reclamation laws, unless otherwise agreed to by the parties to the contract or benefit; (3) affects any interstate or international agreement regarding the Rio Grande and the waters of the Rio Grande, or any other interstate compact or agreement regarding water; (4) affects any ongoing treaty obligations; or (5) limits or affects any Basin State or Indian Tribe in the management of water quantity or quality in accordance with State or Tribal laws, as applicable. III Pueblo irrigation 301. Reauthorization of Pueblo irrigation infrastructure grants Section 9106(g)(2) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1309) is amended— (1) by striking is authorized and inserting are authorized ; and (2) by striking $6,000,000 and all that follows through the period at the end and inserting such sums as are necessary for each of fiscal years 2022 through 2032. . | https://www.govinfo.gov/content/pkg/BILLS-117s4236is/xml/BILLS-117s4236is.xml |
117-s-4237 | II 117th CONGRESS 2d Session S. 4237 IN THE SENATE OF THE UNITED STATES May 17, 2022 Ms. Cantwell (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish and maintain a coordinated program within the National Oceanic and Atmospheric Administration that improves wildfire, fire weather, fire risk, and smoke related forecasting, detection, modeling, observations, and service delivery, and to address growing needs in the wildland-urban interface, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Fire Ready Nation Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Establishment of fire weather services program. Sec. 4. National Oceanic and Atmospheric Administration data management. Sec. 5. Digital fire weather services and data management. Sec. 6. High-performance computing. Sec. 7. Government Accountability Office report on fire weather services program. Sec. 8. Fire weather testbed. Sec. 9. Fire weather surveys and assessments. Sec. 10. Incident Meteorologist Service. Sec. 11. Automated surface observing system. Sec. 12. Emergency response activities. Sec. 13. Government Accountability Office report on interagency wildfire forecasting, prevention, planning, and management bodies. Sec. 14. Amendments to Infrastructure Investment and Jobs Act relating to wildfire mitigation. Sec. 15. Wildfire technology modernization amendments. Sec. 16. Cooperation; coordination; support to non-Federal entities. Sec. 17. International coordination. Sec. 18. Submissions to Congress regarding the fire weather services program, incident meteorologist workforce needs, and National Weather Service workforce support. Sec. 19. Authorization of appropriations. 2. Definitions In this Act: (1) Administration The term Administration means the National Oceanic and Atmospheric Administration. (2) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (3) Decadal The term decadal means a time range from multiple years to multiple decades. (4) Earth system model The term Earth system model means a mathematical model containing all components of the Earth, namely the atmosphere, oceans, land, cryosphere, and biosphere. The Earth system model represents the critical physical, chemical, and biological processes and the interactions among those processes in hydrological and biogeochemical cycles that affect weather and climate. (5) Fire environment The term fire environment means— (A) the environmental conditions, such as soil moisture, vegetation, topography, snowpack, atmospheric temperature, moisture, and wind, that influence— (i) fuel and fire behavior; and (ii) smoke dispersion and transport; and (B) the associated environmental impacts occurring during and after fire events. (6) Fire weather The term fire weather means any type of weather conditions that influence the start, spread, character, or behavior of wildfire or fires at the wildland-urban interface and all associated meteorological and chemical phenomena, including air quality, smoke, and meteorological parameters such as relative humidity, air temperature, wind speed and direction, and atmospheric composition and chemistry, including emissions and mixing heights. (7) Impact-based decision support services The term impact-based decision support services means forecast advice and interpretative services the Administration provides to help core partners, such as emergency personnel and public safety officials, make decisions when weather, water, and climate impact the lives and livelihoods of the people of the United States. (8) Seasonal The term seasonal means a time range between 3 months and 2 years. (9) Secretary The term Secretary means the Secretary of Commerce. (10) Smoke The term smoke means emissions, including the gases and particles released into the air as a result of combustion. (11) State The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United State Virgin Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau. (12) Subseasonal The term subseasonal means a time range between 2 weeks and 3 months. (13) Tribal government The term Tribal government 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 ). (14) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. (15) Weather enterprise The term weather enterprise means— (A) individuals, organizations, offices, programs, or any other form of entity from public, private, and academic sectors that contribute to the research, development, and production of weather forecast products; and (B) primary consumers of those weather forecast products. (16) Wildfire The term wildfire means any nonstructure fire that occurs in vegetation or natural fuels, originating from an unplanned ignition. (17) Wildland-urban interface The term wildland-urban interface means the area, zone, or region of transition between unoccupied or undeveloped land and human development where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels. 3. Establishment of fire weather services program (a) In general The Under Secretary shall establish and maintain a coordinated fire weather services program within the Administration. (b) Program functions The functions of the program established under subsection (a), consistent with the priorities described in section 101 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8511 ), shall be— (1) to support readiness, responsiveness, understanding, and overall resilience of the United States to wildfires, fire weather, smoke, and other associated conditions, hazards, and impacts in built and natural environments and at the wildland-urban interface; (2) to collaboratively disseminate accurate, precise, effective, and timely risk communications, forecasts, watches, and warnings relating to wildfires, fire weather, air quality, smoke, and other associated conditions, hazards, and impacts, as applicable, in collaboration with Federal land management agencies; (3) to partner with and support the public, Federal, State, and Tribal governments, and academic and local partners through the development of capabilities, impact-based decision support services, and overall service delivery and utility; (4) to conduct and support research and development of new and innovative models, technologies, techniques, products, systems, processes, and procedures to improve understanding of wildfires, fire weather, air quality, the fire environment, including impacts of climate variability and changing climate conditions, smoke, and associated conditions, hazards, and impacts, and to transition such research into effective operations; (5) to develop strong research-to-operations and operations-to-research transitions, in order to facilitate delivery of products, services, and tools to operational users and platforms; and (6) to develop, in coordination with Federal land management agencies, impact-based decision support services that operationalize and integrate the functions described in paragraphs (1) through (5) in order to provide comprehensive impact-based decision support services that encompass the fire environment. (c) Program priorities In developing and implementing the program established under subsection (a), the Under Secretary shall prioritize— (1) development of a fire weather-enabled Earth system model and data assimilation systems that— (A) are capable of prediction and forecasting across all timescales; (B) include variables associated with fire weather, air quality from smoke, and the fire environment, and other variables, as determined by the Under Secretary; (C) improve understanding of the connections between fire weather and modes of climate variability; and (D) incorporate emerging techniques such as artificial intelligence, machine learning, and cloud computing; (2) advancement of observational capabilities, including satellite-, airborne-, air-, and ground-based systems and technologies that— (A) identify— (i) high-risk pre-ignition conditions; (ii) conditions that influence fire behavior and spread including those conditions that suppress active fire events; and (iii) fire risk values; (B) support real-time notification of ignitions; (C) support observations and data collection of fire weather and fire environment variables for development of the model and systems under paragraph (1); and (D) support forecasts and advancing understanding and research of the impacts of wildfires on human health, ecosystems, climate, transportation, and economies; and (3) development and implementation of advanced and user-oriented impact-based decision tools, science, and technologies that— (A) ensure real-time and retrospective data, products, and services are findable, accessible, interoperable, usable, inform further research, and are analysis- and decision-ready; (B) provide targeted information throughout the fire lifecycle including pre-ignition, detection, forecasting, post-fire, and monitoring phases; and (C) support early assessment of post-fire hazards, such as air quality, debris flows, mudslides, and flooding. (d) Program activities In developing and implementing the program established under subsection (a), the Under Secretary may— (1) conduct relevant physical and social science research activities in support of the functions described in subsection (b) and the priorities described in subsection (c); (2) conduct relevant activities, in coordination with Federal land management agencies, to assess fuel characteristics, including moisture, loading, and other parameters used to determine fire risk levels and outlooks; (3) support and conduct research that assesses impacts to marine, riverine, and other relevant ecosystems, which may include forest and rangeland ecosystems, resulting from activities associated with mitigation of and response to wildfires; (4) support and conduct attribution science research relating to wildfires, fire weather, fire risk, smoke, and associated conditions, risks, and impacts; (5) develop smoke and air quality forecasts, forecast guidance, and prescribed burn weather forecasts, and conduct research on the impact of such forecasts on response behavior that minimizes health-related impacts from smoke exposure; (6) use, in coordination with Federal land management agencies, wildland fire resource intelligence to inform fire environment impact-based decision support products and services for safety; (7) evaluate and provide data, tools, and services to support determinations for the implementation of mitigation measures such as prescribed burns and selective thinning; (8) provide comprehensive training to ensure staff of the program established under subsection (a) is properly equipped to deliver the impact-based decision support products and services described in paragraphs (1) through (6); and (9) acquire through contracted purchase private sector-produced observational data to fill identified gaps, as needed. (e) Collaboration; agreements (1) Collaboration The Under Secretary shall, as the Under Secretary considers appropriate, collaborate and consult with partners in the weather and climate enterprises, academic institutions, States, Tribal governments, local partners, and Federal agencies, including land and fire management agencies, in the development and implementation of the program established under subsection (a). (2) Agreements The Under Secretary may enter into agreements in support of the functions described in subsection (b), the priorities described in subsection (c), the activities described in subsection (d), and activities carried out under section 8. 4. National Oceanic and Atmospheric Administration data management Section 301 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8531 ) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: (f) Data availability and management (1) In general The Under Secretary shall— (A) make data and metadata generated or collected by the National Oceanic and Administration that the Under Secretary has the legal right to redistribute fully and openly available, in accordance with chapter 35 of title 44, United States Code and the Foundations for Evidence-Based Policymaking Act of 2018 ( Public Law 115–435 ; 132 Stat. 5529) and the amendments made by that Act, and preserve and curate such data and metadata, in accordance with chapter 31 of title 44, United States Code (commonly known as the Federal Records Act of 1950 ), in order to maximize use of such data and metadata; and (B) manage and steward the access, archival, and retrieval activities for the data and metadata described in subparagraph (A) by— (i) using— (I) enterprise-wide infrastructure, emerging technologies, commercial partnerships, and the skilled workforce needed to provide appropriate data management from collection to broad access; and (II) associated information services; and (ii) pursuing the maximum interoperability of data and information by— (I) leveraging data, information, knowledge, and tools from across the Federal Government to support equitable access, cross-sectoral collaboration and innovation, and local planning and decision-making; and (II) developing standards and practices for the adoption and citation of digital object identifiers for datasets, models, and analytical tools. (2) Collaboration In carrying out this subsection, the Under Secretary shall collaborate with such Federal partners and stakeholders as the Under Secretary considers relevant— (A) to develop standards to pursue maximum interoperability of data, information, knowledge, and tools across the Federal Government, convert historical records into common digital formats, and improve access and usability of data by partners and stakeholders; (B) to identify and solicit relevant data from Federal and international partners and other relevant stakeholders, as the Under Secretary considers appropriate; and (C) to develop standards and practices for the adoption and citation of digital object identifiers for datasets, models, and analytical tools. . 5. Digital fire weather services and data management (a) In general (1) Digital presence The Under Secretary shall develop and maintain a comprehensive, centralized, and publicly accessible digital presence designed to promote findability, accessibility, interoperability, usability, and utility of the services, tools, data, and information produced by the program established under section 3(a). (2) Digital platform and tools In carrying out paragraph (1), the Under Secretary shall— (A) seek to ensure the digital platform and tools of the Administration integrate geospatial data, decision support tools, training, and best practices to provide real-time fire weather forecasts and address fire-related issues and needs; and (B) strive to enhance community resilience, ecosystem values, and economic growth and development by helping communities and other users of the digital platform and tools address their issues, needs, and challenges through maximum usability and utility. (b) Public availability The Under Secretary shall make all data, research, reports, findings, surveys, and assessments relevant to the program established under section 3(a), as determined by the Under Secretary, available in a publicly accessible digital format. (c) Internet-Based tools In carrying out subsections (a) and (b), the Under Secretary shall develop and implement internet-based tools, such as webpages and smartphone and other mobile applications, to increase utility and access to services and products for the benefit of users. (d) Data management The Under Secretary shall develop and maintain services that provide public access to digital fire weather data and information— (1) to improve understanding and historical analysis of wildfire and fire weather science, including inventories of fire emissions required for multi-decadal model runs; (2) to support— (A) the archiving, stewardship, utility, and preservation of wildfire and fire weather data including satellite-, ground-, airborne-, and air-based observations; and (B) real-time and retrospective model forecasts; (3) to promote findability, interoperability, analysis- and decision-readiness, and reusability of historical and near real-time data across Federal, State, Tribal, and local users, including ensuring digital access and machine-readability of historical fire weather records; and (4) to support equitable access, cross-sectoral collaboration and innovation, and local planning and decision making. 6. High-performance computing (a) In general The Under Secretary shall seek to acquire sufficient high-performance computing resources and capacity for research, operations, and data storage in support of the program established under section 3(a). (b) Considerations In acquiring high-performance computing capacity under subsection (a), the Under Secretary shall consider requirements needed for— (1) the transition of research and testbed developments into operations; and (2) skilled workforce development. 7. Government Accountability Office report on fire weather services program (a) In general Not later than 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the program established under section 3(a). (b) Elements The report required by subsection (a) shall— (1) evaluate the performance of the program by establishing initial baseline capabilities and tracking progress made toward fully operationalizing the functions described in section 3(b); (2) assess the efficacy of cross-agency collaboration and stakeholder engagement in carrying out the program and provide recommendations to improve such activities; (3) assess the program for inefficiencies, identify duplicative efforts across Federal efforts, and provide relevant recommendations; and (4) include such other recommendations as the Comptroller General determines are appropriate to improve the program. 8. Fire weather testbed (a) Establishment of fire weather testbed The Under Secretary shall establish a fire weather testbed that enables engagement across the Federal Government, State and local governments, academia, private and federally funded research laboratories, the private sector, and end-users in order to evaluate the accuracy and usability of technology, models, fire weather products and services, and other research to accelerate the implementation, transition to operations, and use of new capabilities by the Administration, Federal and land management agencies, and other relevant stakeholders. (b) Uncrewed aircraft systems (1) In general The Under Secretary shall— (A) research and assess the role and potential of uncrewed aircraft systems to improve data collection in support of modeling, observations, predictions, forecasts, and impact-based decision support services; and (B) transition uncrewed aircraft systems technologies from research to operations as the Under Secretary considers appropriate. (2) Pilot required In carrying out paragraph (1), not later than 1 year after the date of the enactment of this Act, the Under Secretary shall conduct at least 1 pilot of uncrewed aircraft systems for fire weather and fire environment observations. (3) Savings clause (A) In general In carrying out activities under this subsection, the Under Secretary shall ensure that any testing or deployment of uncrewed aircraft systems follow procedures, restrictions, and protocols established by the heads of the Federal agencies with statutory or regulatory jurisdiction over any airspace in which wildfire response activities are conducted during an active wildfire event. (B) Consultation and coordination The Under Secretary shall consult and coordinate with relevant Federal land management agencies and the Federal Aviation Administration to develop processes for the appropriate deployment of the systems described in subparagraph (A). 9. Fire weather surveys and assessments (a) Annual post-Fire-Weather season survey and assessment (1) In general During the second winter following the enactment of this Act, and each year thereafter, the Under Secretary shall conduct a post-fire-weather season survey and assessment. (2) Elements After conducting a post-fire-weather season survey and assessment under paragraph (1), the Under Secretary shall— (A) investigate any gaps in data collected during the assessment; (B) identify and implement strategies and procedures to improve program services and information dissemination; (C) update systems, processes, strategies, and procedures to enhance the efficiency and reliability of data obtained from the assessment; (D) evaluate the accuracy and efficacy of physical fire weather forecasting information for each incident included in the survey and assessment; and (E) assess and refine performance measures, as needed. (b) Surveys and assessments following individual wildfire events The Under Secretary may conduct surveys and assessments following individual wildfire events as the Under Secretary determines necessary. (c) Goal In carrying out activities under this section, the Under Secretary shall seek to increase the number of post-wildfire community impact studies, including by surveying individual and collective responses and incorporating other applicable topics of social science research. (d) Annual briefing Not less frequently than once each year, the Under Secretary shall provide a briefing to the appropriate committees of Congress that provides— (1) an overview of the fire season; and (2) an outlook for the fire season for the coming year. (e) Coordination In conducting any survey or assessment under this section, the Under Secretary shall coordinate with Federal, State, and local partners, Tribal governments, private entities, and such institutions of higher education as the Under Secretary considers relevant in order to— (1) improve operations and collaboration; and (2) optimize data collection, sharing, integration, assimilation, and dissemination. (f) Data availability The Under Secretary shall make the data and findings obtained from each assessment conducted under this section available to the public in an accessible digital format as soon as practicable after conducting the assessment. (g) Service improvements The Under Secretary shall make best efforts to incorporate the results and recommendations of each assessment conducted under this section into the research and development plan and operations of the Administration. 10. Incident Meteorologist Service (a) Establishment The Under Secretary shall establish and maintain an Incident Meteorologist Service within the National Weather Service (in this section referred to as the Service ). (b) Inclusion of existing incident meteorologists The Service shall include— (1) the incident meteorologists of the Administration as of the date of this enactment of this Act; and (2) such incident meteorologists of the Administration as may be appointed after such date. (c) Functions The Service shall provide— (1) on-site impact-based decision support services to Federal, State, Tribal government, and local government emergency response agencies preceding, during, and following wildland fires or other events that threaten life or property, including high-impact and extreme weather events; and (2) support to Federal, State, Tribal government, and local government decision makers, partners, and stakeholders for seasonal planning. (d) Deployment The Service shall be deployed— (1) as determined by the Under Secretary; or (2) at the request of the head of another Federal agency. (e) Staffing and resources In establishing and maintaining the Service, the Under Secretary shall identify, acquire, and maintain adequate levels of staffing and resources to meet user needs. (f) Symbol (1) In general The Under Secretary may— (A) create, adopt, and publish in the Federal Register a symbol for the Service; and (B) restrict the use of such symbol as appropriate. (2) Use of symbol The Under Secretary may authorize the use of a symbol adopted under this subsection by any individual or entity as the Under Secretary considers appropriate. (3) Contract authority The Under Secretary may award contracts for the creation of symbols under this subsection. (4) Offense It shall be unlawful for any person— (A) to represent themselves as an official of the Service absent the designation or approval of the Under Secretary; (B) to manufacture, reproduce, or otherwise use any symbol adopted by the Under Secretary under this subsection, including to sell any item bearing such a symbol, unless authorized by the Under Secretary; or (C) to violate any regulation promulgated by the Secretary under this subsection. (g) Support for incident meteorologists The Under Secretary shall provide resources, access to real-time fire weather forecasts, training, administrative and logistical support, and access to professional counseling or other forms of support as the Under Secretary considers appropriate for the betterment of the emotional and mental health and well-being of incident meteorologists and other employees of the Administration involved with response to high-impact and extreme fire weather events. 11. Automated surface observing system (a) Joint assessment and plan (1) In general The Under Secretary, in collaboration with the Administrator of the Federal Aviation Administration and the Secretary of Defense, shall— (A) conduct an assessment of resources, personnel, procedures, and activities necessary to maximize the functionality and utility of the automated surface observing system of the United States that identifies— (i) key system upgrades needed to improve observation quality and utility for weather forecasting, aviation safety, and other users; (ii) improvements needed in observations within the planetary boundary layer, including mixing height; (iii) improvements needed in public accessibility of observational data; (iv) improvements needed to reduce latency in reporting of observational data; (v) relevant data to be collected for the production of forecasts or forecast guidance relating to atmospheric composition, including particulate and air quality data, and aviation safety; (vi) areas of concern regarding operational continuity and reliability of the system, which may include needs for on-night staff, particularly in remote and rural areas and areas where system failure would have the greatest negative impact to the community; (vii) stewardship, data handling, data distribution, and product generation needs arising from upgrading and changing the automated surface observation systems; (viii) possible solutions for areas of concern identified under clause (vi), including with respect to the potential use of backup systems, power and communication system reliability, staffing needs and personnel location, and the acquisition of critical component backups and proper storage location to ensure rapid system repair necessary to ensure system operational continuity; and (ix) research, development, and transition to operations needed to develop advanced data collection, quality control, and distribution so that the data are provided to models, users, and decision support systems in a timely manner; and (B) develop and implement a plan that addresses the findings of the assessment conducted under subparagraph (A), including by seeking and allocating resources necessary to ensure that system upgrades are standardized across the Administration, the Federal Aviation Administration, and the Department of Defense to the extent practicable. (2) Standardization Any system standardization implemented under paragraph (1)(B) shall not impede activities to upgrade or improve individual units of the system. (3) Remote automatic weather station coordination The Under Secretary, in collaboration with relevant Federal agencies and the National Interagency Fire Center, shall assess and develop cooperative agreements to improve coordination, interoperability standards, operations, and placement of remote automatic weather stations for the purpose of improving utility and coverage of remote automatic weather stations, automated surface observation systems, and other similar stations and systems for weather and climate operations. (b) Report to Congress (1) In general Not later than 2 years after the date of the enactment of this Act, the Under Secretary, in collaboration with the Administrator of the Federal Aviation Administration and the Secretary of Defense, shall submit to the appropriate committees of Congress a report that— (A) details the findings of the assessment required by subparagraph (A) of subsection (a)(1); and (B) the plan required by subparagraph (B) of such subsection. (2) Elements The report required by paragraph (1) shall include a detailed assessment of appropriations required— (A) to address the findings of the assessment required by subparagraph (A) of subsection (a)(1); and (B) to implement the plan required by subparagraph (B) of such subsection. (c) Government Accountability Office report Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) evaluates the functionality, utility, reliability, and operational status of the automated surface observing system across the Administration, the Federal Aviation Administration, and the Department of Defense; (2) evaluates the progress, performance, and implementation of the plan required by subsection (a)(1)(B); (3) assesses the efficacy of cross-agency collaboration and stakeholder engagement in carrying out the plan and provides recommendations to improve such activities; (4) evaluates the operational continuity and reliability of the system, particularly in remote and rural areas and areas where system failure would have the greatest negative impact to the community, and provides recommendations to improve such continuity and reliability; (5) assesses Federal coordination regarding the remote automatic weather station network, air resource advisors, and other Federal observing assets used for weather and climate modeling and response activities, and provides recommendations for improvements; and (6) includes such other recommendations as the Comptroller General determines are appropriate to improve the system. 12. Emergency response activities (a) Definitions In this section: (1) Basic pay The term basic pay includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. (2) Covered employee The term covered employee means an employee of the Department of Commerce. (3) Covered services The term covered services means services performed by a covered employee while— (A) serving as an incident meteorologist accompanying a wildland firefighter crew; (B) serving— (i) on an incident management team; (ii) as an emergency response specialist; (iii) at the National Interagency Fire Center; (iv) at a Geographic Area Coordination Center; or (v) at an operations center; or (C) serving in a capacity determined by the Secretary, or the Under Secretary acting on behalf of the Secretary, to be primarily relating to emergency response activities. (4) Employee The term employee has the meaning given that term in section 2105 of title 5, United States Code. (5) Premium pay The term premium pay means premium pay for the purposes of section 5547(a) of title 5, United States Code. (b) Waiver (1) In general Any premium pay received by a covered employee for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the covered employee for purposes of applying the limitation on premium pay under section 5547(a) of title 5, United States Code. (2) Limitation A covered employee may be paid premium pay that is disregarded under paragraph (1) only to the extent that the aggregate of the basic pay and premium pay paid to that covered employee in the applicable calendar year, including premium pay that is disregarded under that paragraph, does not exceed the rate of basic pay for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year. (c) Application If the application of subsection (b) results in the payment of additional pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional pay shall not— (1) be considered to be basic pay of the covered employee for any purpose; or (2) be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code. (d) Amendment Section 5542(a)(5) of title 5, United States Code, is amended by inserting , the Department of Commerce, after Interior . (e) Effective date This section and the amendment made by this section shall take effect as if enacted on January 1, 2020. (f) Derivation of funds Any amounts used to pay covered employees for covered services shall not be derived from amounts made available to the Administration or amounts saved by reducing the number of full-time-equivalent employees of the Administration. (g) Policies and procedures for health, safety, and well-Being The Under Secretary shall maintain policies and procedures that ensure that the deployment of a covered employee to perform a covered service will not compromise the health, safety, and well-being of the covered employee. 13. Government Accountability Office report on interagency wildfire forecasting, prevention, planning, and management bodies Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) identifies all Federal interagency bodies established for the purpose of wildfire forecasting, prevention, planning, and management (such as wildfire councils, commissions, and workgroups), including— (A) the Wildland Fire Leadership Council; (B) the National Interagency Fire Center; (C) the Wildland Fire Management Policy Committee; (D) the Wildland Fire Mitigation and Management Commission; (E) the National Interagency Fire Center; (F) the National Interagency Coordination Center; (G) the National Predictive Services Oversight Group; (H) the Interagency Council for Advancing Meteorological Services; (I) the National Wildfire Coordinating Group; (J) the National Multi-Agency Coordinating Group; and (K) the Mitigation Framework Leadership Group; (2) evaluates the roles, functionality, and utility of such interagency bodies; (3) evaluates the progress, performance, and implementation of such interagency bodies; (4) assesses efficacy and identifies potential overlap and duplication of such interagency bodies in carrying out interagency collaboration with respect to wildfire prevention, planning, and management; and (5) includes such other recommendations as the Comptroller General determines are appropriate to streamline and improve wildfire forecasting, prevention, planning, and management, including recommendations regarding the interagency bodies for which the addition of the Administration is necessary to improve wildfire forecasting, prevention, planning, and management. 14. Amendments to Infrastructure Investment and Jobs Act relating to wildfire mitigation The Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 429) is amended— (1) in section 70202— (A) in paragraph (1)— (i) in subparagraph (J), by striking ; and and inserting a semicolon; (ii) in subparagraph (K), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (L) the Committee on Commerce, Science, and Transportation of the Senate; and ; (M) the Committee on Science, Space, and Technology of the House of Representatives. ; and (B) in paragraph (6)— (i) in subparagraph (B), by striking ; and and inserting a semicolon; (ii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) The Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. ; and (2) in section 70203(b)(1)(B)— (A) in the matter preceding clause (i), by striking 9 and inserting not fewer than 10 ; (B) in clause (i)— (i) in subclause (IV), by striking ; and and inserting a semicolon; (ii) in subclause (V), by adding and at the end; and (iii) by adding at the end the following: (VI) the National Oceanic and Atmospheric Administration. ; (C) in clause (iv), by striking ; and and inserting a semicolon; and (D) by adding at the end the following: (vi) if the Secretaries determine it to be appropriate, 1 or more representatives from the relevant line offices of the National Oceanic and Atmospheric Administration; and . 15. Wildfire technology modernization amendments Section 1114 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 43 U.S.C. 1748b–1 ) is amended— (1) in subsection (c)(3), by inserting the National Oceanic and Atmospheric Administration, after Federal Aviation Administration, ; (2) in subsection (e)(2)— (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: (B) Consultation (i) In general In carrying out subparagraph (A), the Secretaries shall consult with the Under Secretary of Commerce for Oceans and Atmosphere regarding any development of impact-based decision support services that relate to wildlife-related activities of the National Oceanic and Atmospheric Administration. (ii) Definition of impact-based decision support services In this subparagraph, the term impact-based decision support services means forecast advice and interpretative services the National Oceanic and Atmospheric Administration provides to help core partners, such as emergency personnel and public safety officials, make decisions when weather, water, and climate impact the lives and livelihoods of the people of the United States. ; and (3) in subsection (f)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the right; (B) by striking The Secretaries and inserting the following: (1) In general The Secretaries ; and (C) by adding at the end the following: (2) Collaboration In carrying out paragraph (1), the Secretaries shall collaborate with the Under Secretary of Commerce for Oceans and Atmosphere to improve coordination, utility of systems and assets, and interoperability of data for smoke prediction, forecasting, and modeling. . 16. Cooperation; coordination; support to non-Federal entities (a) Cooperation Each Federal agency shall cooperate and coordinate with the Under Secretary, as appropriate, in carrying out this Act and the amendments made by this Act. (b) Coordination (1) In general In meeting the requirements under this Act and the amendments made by this Act, the Under Secretary shall coordinate, and as appropriate, establish agreements with Federal and external partners to fully use and leverage existing assets, systems, networks, technologies, and sources of data. (2) Inclusions Coordination carried out under paragraph (1) shall include coordination with— (A) the National Interagency Fire Center, including the Predictive Services Program that provides impact-based decision support services to the wildland fire community at the Geographic Area Coordination Center and the National Interagency Coordination Center; (B) the National Wildfire Coordinating Group; and (C) relevant interagency bodies identified in the report required by section 13. (3) Consultation In carrying out this subsection, the Under Secretary shall consult with Federal partners including— (A) the National Aeronautics and Space Administration; (B) the Department of the Interior; (C) the Federal Emergency Management Agency; (D) the National Science Foundation; (E) the United States Geological Survey; (F) the Department of Agriculture; (G) the Environmental Protection Agency; (H) the Department of Energy; (I) the Department of Defense; (J) the National Institute of Standards and Technology; and (K) such other departments and agencies as the Under Secretary considers relevant. (c) Coordination with non-Federal entities Not later than 540 days after the date of the enactment of this Act, the Under Secretary shall develop and submit to the appropriate committees of Congress a process for annual coordination with Tribal, State, and local governments to assist the development of improved fire weather products and services. (d) Support to non-Federal entities In carrying out the activities under this Act and the amendments made by this Act, the Under Secretary may provide support to non-Federal entities by making funds and resources available through— (1) competitive grants; (2) contracts under the mobility program under subchapter VI of chapter 33 of title 5, United States Code (commonly referred to as the Intergovernmental Personnel Act Mobility Program ); (3) cooperative agreements; and (4) colocation agreements as described in section 502 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 ( 33 U.S.C. 851 note prec.). 17. International coordination (a) In general The Under Secretary may develop collaborative relationships and agreements with foreign partners and counterparts to address transboundary issues pertaining to wildfires, fire weather, smoke, air quality, and associated conditions and hazards or other relevant meteorological phenomena, as appropriate, to facilitate full and open exchange of data and information. (b) Consultation In carrying out activities under this section, the Under Secretary shall consult with the Department of State and such other Federal partners as the Under Secretary considers relevant. 18. Submissions to Congress regarding the fire weather services program, incident meteorologist workforce needs, and National Weather Service workforce support (a) Report to Congress Not later than 540 days after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate committees of Congress— (1) the plan described in subsection (b); (2) the assessment described in subsection (c); and (3) the assessment described in subsection (d). (b) Fire weather services program plan (1) Elements The plan submitted under subsection (a)(1) shall detail— (A) the observational data, modeling requirements, ongoing computational needs, research, development, and technology transfer activities, data management, skilled-personnel requirements, engagement with relevant Federal emergency and land management agencies and partners, and corresponding resources and timelines necessary to achieve the functions described in subsection (b) of section 3 and the priorities described in subsection (c) of such section; and (B) plans and needs for all other activities and requirements under this Act and the amendments made by this Act. (2) Submittal of annual budget for plan Following completion of the plan submitted under subsection (a)(1), the Under Secretary shall, not less frequently than once each year concurrent with the submission of the budget by the President to Congress under section 1105 of title 31, submit to Congress a proposed budget corresponding with the elements detailed in the plan. (c) Incident meteorologist workforce needs assessment (1) In general The Under Secretary shall conduct a workforce needs assessment on the current and future demand for additional incident meteorologists for wildfires and other high-impact fire weather events. (2) Elements The assessment required by paragraph (1) shall include the following: (A) A description of staffing levels as of the date on which the assessment is submitted under subsection (a)(2) and projected future staffing levels. (B) An assessment of the state of the infrastructure of the National Weather Service as of the date on which the assessment is submitted and future needs of such infrastructure in order to meet current and future demands, including with respect to information technology support and logistical and administrative operations. (3) Considerations In conducting the assessment required by paragraph (1), the Under Secretary shall consider factors including projected climate conditions, infrastructure, all hazard meteorological response system equipment, user needs, and feedback from relevant stakeholders. (d) Support services assessment (1) In general The Under Secretary shall conduct a workforce support services assessment with respect to employees of the National Weather Service engaged in emergency response. (2) Elements The assessment required by paragraph (1) shall include the following: (A) An assessment of need for further support of employees of the National Weather Service engaged in emergency response through services provided by the Public Health Service. (B) A detailed assessment of appropriations required to secure the level of support services needed as identified in the assessment described in subparagraph (A). (3) Additional support services Following the completion of the assessment required by paragraph (1), the Under Secretary shall seek to acquire additional support services to meet the needs identified in the assessment. 19. Authorization of appropriations There is authorized to be appropriated to the Administration to carry out this Act and the amendments made by this Act— (1) $55,000,000 for fiscal year 2023; (2) $125,000,000 for fiscal year 2024; (3) $135,000,000 for fiscal year 2025; (4) $150,000,000 for fiscal year 2026; and (5) $200,000,000 for fiscal year 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s4237is/xml/BILLS-117s4237is.xml |
117-s-4238 | II 117th CONGRESS 2d Session S. 4238 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent gun trafficking.
1. Short title This Act may be cited as the Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2022 . 2. Firearms trafficking (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Trafficking in firearms (a) Definitions In this section— (1) the term actual buyer means the individual for whom a firearm is being purchased, received, or acquired; and (2) the term term of imprisonment exceeding 1 year does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. (b) Offenses It shall be unlawful for any person, regardless of whether anything of value is exchanged— (1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; (2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; (3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that— (A) is material to— (i) the identity of the actual buyer of the firearms; or (ii) the intended trafficking of the firearms; and (B) the person knows or has reasonable cause to believe is false; or (4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3). (c) Gift exceptions Subsection (b) shall not apply to a firearm that is— (1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or (2) lawfully received or otherwise acquired— (A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or (B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. (d) Penalties (1) In general Subject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. (2) Organizer enhancement If an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation— (A) the maximum term of imprisonment shall be 25 years; and (B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. (3) Licensees (A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. (B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. (C) License suspension or revocation If the Attorney General determines, after notice and opportunity for a hearing, that firearms were acquired by or from a licensed manufacturer, licensed importer, licensed collector, or licensed dealer in violation of subsection (b) and the licensee knew, had reasonable cause to believe, or recklessly disregarded that the firearms were acquired in violation of that subsection, the Attorney General— (i) may suspend or revoke the license issued to the licensee under this chapter for not more than 1 year; and (ii) if the license issued to the licensee under this chapter has previously been suspended or revoked under clause (i), may revoke the license for not more than 5 years. . (b) Technical and conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Trafficking in firearms. . (c) Directive to sentencing commission (1) In general Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). (2) Requirements In carrying out this subsection, the Commission shall— (A) review the penalty structure that the Federal sentencing guidelines currently provide based on the number of firearms involved in the offense; and (B) determine whether any changes to that penalty structure are appropriate in order to carry out the intent of Congress that those penalties reflect— (i) the gravity of the offense; (ii) the number of trafficked firearms purchased by or from the defendant; (iii) the extent of the defendant’s knowledge about the overall scheme to traffic firearms; (iv) the amount of money or value of nonmonetary compensation provided to the defendant for the defendant’s participation; and (v) the defendant’s culpability, including— (I) as mitigating factors, whether the defendant— (aa) is a relative or current or former intimate partner of another individual involved in a conspiracy to traffic firearms; (bb) is a domestic violence survivor; or (cc) has been otherwise exploited by personal affection, fear of reprisals, or economic need to commit an offense under section 932 of title 18, United States Code (as added by subsection (a)); and (II) as aggravating factors, whether— (aa) the trafficked firearms were used in additional crimes; (bb) a person was injured or killed with the trafficked firearms; or (cc) the defendant was previously convicted of a firearms-related offense. (d) Directive to the Attorney General Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the following information: (1) For the prior 12-month period— (A) the number of investigations initiated for violations of section 932 of title 18, United States Code (as added by subsection (a)); (B) the number of Federal firearm licensees or other individuals or entities— (i) that were criminally charged with a violation described in subparagraph (A); or (ii) against whom a civil penalty case was initiated for a violation described in subparagraph (A); and (C) the number of investigations described in subparagraph (A) referred to the Attorney General from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, or any other Federal law enforcement agency that did not result in criminal charges or the initiation of a civil penalty case. (2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period. (3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including— (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. 3. Removing relief from disabilities exception for licensees indicted for firearms trafficking Section 925(b) of title 18, United States Code, is amended by inserting other than firearms trafficking under section 932, after indicted for a crime punishable by imprisonment for a term exceeding one year, . 4. Elimination of obligatory stay of effective date of license revocation Section 923(f)(2) of title 18, United States Code, is amended by striking the period at the end of the second sentence and inserting the following: unless the revocation is based in whole or in part on a violation of section 932, in which case, the Attorney General may only stay the effective date of the revocation upon a showing by the holder that good cause exists to do so. . | https://www.govinfo.gov/content/pkg/BILLS-117s4238is/xml/BILLS-117s4238is.xml |
117-s-4239 | II 117th CONGRESS 2d Session S. 4239 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Ms. Klobuchar (for herself, Ms. Warren , Ms. Smith , Mrs. Feinstein , Mr. Wyden , Mr. Padilla , Mr. Merkley , Mr. Sanders , Mr. Blumenthal , Mr. King , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To establish a democracy advancement and innovation program, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Sustaining Our Democracy Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Payments and Allocations to States Sec. 101. Democracy Advancement and Innovation Program. Sec. 102. State plan. Sec. 103. Prohibitions. Sec. 104. Amount of State allocation. Sec. 105. Procedures for disbursements of payments and allocations. Sec. 106. Office of Democracy Advancement and Innovation. TITLE II—State Election Assistance and Innovation Trust Fund Sec. 201. State Election Assistance and Innovation Trust Fund. TITLE III—General Provisions Sec. 301. Definitions. Sec. 302. Rule of construction regarding calculation of deadlines. Sec. 303. Severability. I Payments and Allocations to States 101. Democracy Advancement and Innovation Program (a) Establishment There is established a program to be known as the Democracy Advancement and Innovation Program under which the Director of the Office of Democracy Advancement and Innovation shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b). (b) Democracy promotion activities described The democracy promotion activities described in this subsection are as follows: (1) Activities to promote innovation to improve efficiency and smooth functioning in the administration of elections for Federal office and to secure the infrastructure used in the administration of such elections, including making upgrades to voting equipment and voter registration systems, voter registration and nonpartisan voter outreach activities, securing voting locations, expanding polling places and the availability of early and mail voting, and promoting cybersecurity. (2) Activities to recruit, train, and retain nonpartisan election officials and poll workers and to protect election officials (both nonpartisan and those elected or appointed to their position) from threats against them in the course of their work administering Federal elections. (3) Activities to increase access to voting in elections for Federal office by underserved communities, individuals with disabilities, racial and language minority groups, individuals entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, and voters residing in Indian lands. (c) Permitting States To retain and reserve allocations for future use A State may retain and reserve an allocation received for a fiscal year to carry out democracy promotion activities in any subsequent fiscal year. (d) Requiring submission and approval of State plan (1) In general A State shall receive an allocation under the Program for a fiscal year if— (A) not later than 90 days before the first day of the fiscal year, the chief State election official of the State submits to the Director the State plan described in section 102; and (B) not later than 45 days before the first day of the fiscal year, the Director, in consultation with the Election Assistance Commission as described in paragraph (3), determines that the State plan will enable the State to carry out democracy promotion activities and approves the plan. (2) Submission and approval of revised plan If the Director does not approve the State plan as submitted by the State under paragraph (1) with respect to a fiscal year, the State shall receive a payment under the Program for the fiscal year if, at any time prior to the end of the fiscal year— (A) the chief State election official of the State submits a revised version of the State plan; and (B) the Director, in consultation with the Election Assistance Commission as described in paragraph (3), determines that the revised version of the State plan will enable the State to carry out democracy promotion activities and approves the plan. (3) Election Assistance Commission consultation With respect to a State plan submitted under paragraph (1) or a revised plan submitted under paragraph (2)— (A) the Director shall, prior to making a determination on approval of the plan, consult with the Election Assistance Commission; and (B) the Election Assistance Commission shall submit to the Director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this Act. (4) Consultation with legislature The chief State election official of the State shall develop the State plan submitted under paragraph (1) and any revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature. (5) Rules for States that do not submit a State plan If a State fails to submit a State plan described in section 102 before the date required under paragraph (1)(A), under rules established by the Director— (A) for purposes of this title (other than section 104)— (i) each political subdivision within the State shall be treated as a State for purposes of this title (other than section 104); and (ii) in applying this title to such political subdivision, any duties required of the chief State election official shall be undertaken by the executive official of such political subdivision charged with the administration of elections; (B) in applying this subsection to any political subdivision of the State— (i) paragraph (1)(A) shall be applied by substituting the first day of the fiscal year for 90 days before the first day of the fiscal year ; (ii) paragraph (1)(B) shall be applied by substituting 30 days after the first day of the fiscal year for 45 days before the first day of the fiscal year ; and (iii) paragraph (4) shall not apply; and (C) the amount of the allocation made to each such political subdivision under the Program shall be the sum of— (i) an amount which bears the same proportion to the amount determined under section 104 with respect to the State in which the political subdivision is located as— (I) the population of the political subdivision; bears to (II) the population of such State; plus (ii) an amount (not to exceed 100 percent of the amount determined with respect to the political subdivision under clause (i)) which bears the same proportion to the unsubscribed funds of the State as— (I) the population of the political subdivision; bears to (II) the population of the number of political subdivisions within the State that submitted a plan under section 102 before the date required under paragraph (1)(A) (after application of subparagraph (B)). For purposes of subparagraph (C)(ii), the unsubscribed funds of any State is the sum of the amounts described in subparagraph (C)(i) with respect to political subdivisions in the State which did not submit a plan under this subsection before the date required under paragraph (1)(A) (after application of subparagraph (B)). (e) State report on use of allocations Not later than 90 days after the last day of a fiscal year for which an allocation was made to the State under the Program, the chief State election official of the State shall submit a report to the Director describing how the State used the allocation, including a description of the democracy promotion activities the State carried out with the allocation. (f) Public availability of information (1) Publicly available website The Director shall make available on a publicly accessible website the following: (A) State plans submitted under paragraph (1) of subsection (d) and revised plans submitted under paragraph (2) of subsection (d). (B) The Director’s notifications of determinations with respect to such plans under subsection (d). (C) Reports submitted by States under subsection (e). (2) Redaction The Director may redact information required to be made available under paragraph (1) if the information would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the information is otherwise prohibited by law. (g) Effective date This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year. 102. State plan (a) Contents A State plan under this section with respect to a State is a plan containing each of the following: (1) A description of the democracy promotion activities the State will carry out with the payment made under the Program. (2) A statement of whether or not the State intends to retain and reserve the payment for future democracy promotion activities. (3) A statement of how the State intends to distribute resources under the plan, including how the distribution of resources will address geographic and racial disparities within the State. (4) A description of how the State intends to allocate funds to carry out the proposed activities, which shall include the amount the State intends to allocate to each such activity, including (if applicable) a specific allocation for— (A) activities described in subsection 101(b)(1) (relating to election administration); (B) activities described in section 101(b)(2) (relating to activities to recruit, train, retain, and protect election workers); and (C) activities described in section 101(b)(3) (relating to activities to increase access to voting in elections for Federal office by certain communities). (5) A description of how funds allocated under paragraph (4) will be allocated to political subdivisions of the State. (6) A description of how the State will establish the fund described in subsection (b) for purposes of administering the democracy promotion activities which the State will carry out with the payment, including information on fund management. (7) A description of the State-based administrative complaint procedures established for purposes of section 103(a)(2). (8) A statement regarding whether the proposed activities to be funded are permitted under State law, or whether the official intends to seek legal authorization for such activities. (b) Requirements for fund (1) Fund described For purposes of subsection (a)(6), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. (B) The payment made to the State under the Program. (C) Such other amounts as may be appropriated under law. (D) Interest earned on deposits of the fund. (2) Use of fund Amounts in the fund shall be used by the State exclusively to carry out democracy promotion activities for which the payment is made to the State under the Program. (3) Treatment of States that require changes to state law In the case of a State that requires State legislation to establish the fund described in this subsection, the Director shall defer disbursement of the payment to such State under the Program until such time as legislation establishing the fund is enacted. 103. Prohibitions (a) Prohibited uses of payments (1) In general A State may not use a payment made under the Program to carry out— (A) any activity described in paragraph (2); or (B) any other activity which has the purpose or effect of diminishing the ability of any eligible voter to participate in the electoral process. (2) Prohibited activities The following are activities described in this paragraph: (A) Activities that intimidate, threaten, or coerce voters, poll workers, or election administrators. (B) The restriction of the distribution of food or nonalcoholic beverages to voters while waiting at polling places (other than restrictions on distributions made on the basis of the electoral participation or political preference of the recipient). (C) The removal of election administrators from their positions other than for negligence, neglect of duty, or malfeasance in office. (D) Defending against lawsuits alleging voter-suppression practices or proposed practices. (E) The investigation of claims of voter fraud based on the mere invocation of interests in voter confidence or prevention of fraud. (F) The performance of audits that— (i) fail to meet best practices established by the Election Assistance Commission; (ii) fail to meet the requirements for record retention under title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ); or (iii) otherwise jeopardize election records, voting equipment, electronic poll books, or election management systems (as defined under the voluntary guidance issued by the Election Assistance Commission under section 311 of the Help America Vote Act of 2002 ( 52 U.S.C. 21101 )). (G) The removal of voters from voter rolls based on evidence that is not reliable. (H) Activities preventing individuals seeking to have their right to vote or register to vote restored. (I) The purchase of voting machines that do not require the use of individual voter-verifiable paper ballots marked through the use of a nontabulating ballot marking device or system. (b) State-Based administrative complaint procedures (1) Establishment A State receiving a payment under the Program shall establish uniform and nondiscriminatory State-based administrative complaint procedures under which any person who believes that a violation of subsection (a) has occurred, is occurring, or is about to occur may file a complaint. (2) Notification to Director The State shall transmit to the Director a description of each complaint filed under the procedures, together with— (A) if the State provides a remedy with respect to the complaint, a description of the remedy; or (B) if the State dismisses the complaint, a statement of the reasons for the dismissal. (3) Review by Director (A) Request for review Any person who is dissatisfied with the final decision under a State-based administrative complaint procedure under this subsection may, not later than 60 days after the decision is made, file a request with the Director to review the decision. (B) Action by Director Upon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy. (C) Public availability of material The Director shall make available on a publicly accessible website all material relating to a request for review and determination by the Director under this paragraph, except that the Director may redact material required to be made available under this subparagraph if the material would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the material is otherwise prohibited by law. (4) Right to petition for review (A) In general Any person aggrieved by an action of the Director under subparagraph (B) of paragraph (3) may file a petition with the United States District Court for the District of Columbia. (B) Deadline to file petition Any petition under this subparagraph shall be filed not later than 60 days after the date of the action taken by the Director under subparagraph (B) of paragraph (3). (C) Standard of review In any proceeding under this paragraph, the court shall determine whether the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under section 706 of title 5, United States Code, and may direct the Office to conform with any such determination within 30 days. (c) Action by Attorney General for declaratory and injunctive relief The Attorney General may bring a civil action against any State in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to enforce subsection (a). 104. Amount of State allocation (a) State-Specific amount The amount of the allocation made to a State under the Program for a fiscal year shall be equal to the product of— (1) the Congressional district allocation amount (determined under subsection (b)); and (2) the number of Congressional districts in the State for the next regularly scheduled general election for Federal office held in the State. (b) Congressional district allocation amount For purposes of subsection (a), the Congressional district allocation amount with respect to a fiscal year is equal to the quotient of— (1) the aggregate amount available for allocations to States under the Program for the fiscal year, as determined by the Director under subsection (c); divided by (2) the total number of Congressional districts in all States. (c) Determination of aggregate amount available for allocations; notification to States Not later than 120 days before the first day of each fiscal year, the Director— (1) shall determine and establish the aggregate amount available for allocations to States under the Program for the fiscal year, taking into account the anticipated balances of the Trust Fund (including any amounts appropriated pursuant to section 106(i)); and (2) shall notify each State of the amount of the State’s allocation under the Program for the fiscal year. In making the determination under paragraph (1), the Director shall consult with the Election Assistance Commission, but shall be solely responsible for making the final determinations under such paragraph. (d) Source of payments The amounts used to make allocations and payments under the Program shall be derived solely from the Trust Fund. 105. Procedures for disbursements of payments and allocations (a) Allocation Upon approving the State plan under section 102, the Director shall direct the Secretary of the Treasury to allocate to the Election Assistance Commission the amount provided for activities under the plan. (b) Payment to State As soon as practicable after receiving an allocation under subsection (a) with respect to a State, the Election Assistance Commission shall make payments to— (1) local election administrators in the State with respect to amounts related to activities in the State plan carried out directly by such local election administrators; and (2) the State with respect to any amount not described in paragraph (1). (c) Continuing availability of funds after appropriation A payment made to a State by the Election Assistance Commission under this section shall be available without fiscal year limitation. 106. Office of Democracy Advancement and Innovation (a) Establishment There is established as an independent establishment in the executive branch the Office of Democracy Advancement and Innovation. (b) Director (1) In general The Office shall be headed by a Director, who shall be appointed by the President with the advice and consent of the Senate. (2) Term of service The Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. A vacancy in the position of Director shall be filled in the same manner as the original appointment. (3) Compensation The Director shall be paid at an annual rate of pay equal to the annual rate in effect for level II of the Executive Schedule. (4) Removal The Director may be removed from office by the President. If the President removes the Director, the President shall communicate in writing the reasons for the removal to both Houses of Congress not later than 30 days beforehand. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law. (c) General counsel and other staff (1) General counsel The Director shall appoint a general counsel who shall be paid at an annual rate of pay equal to the annual rate in effect for level III of the Executive Schedule. In the event of a vacancy in the position of the Director, the General Counsel shall exercise all the responsibilities of the Director until such vacancy is filled. (2) Senior staff The Director may appoint and fix the pay of staff designated as Senior staff, such as a Deputy Director, who may be paid at an annual rate of pay equal to the annual rate in effect for level IV of the Executive Schedule. (3) Other staff In addition to the General Counsel and Senior staff, the Director may appoint and fix the pay of such other staff as the Director considers necessary to carry out the duties of the Office, except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule. (d) Duties The duties of the Office are as follows: (1) Administration of Program The Director shall administer the Program, in consultation with the Election Assistance Commission, including by holding quarterly meetings of representatives from such Commission. (2) Oversight of Trust Fund The Director shall oversee the operation of the Trust Fund and monitor its balances, in consultation with the Election Assistance Commission and the Secretary of the Treasury. The Director may hold funds in reserve to cover the expenses of the Office and to preserve the solvency of the Trust Fund. (3) Reports Not later than 180 days after the date of the regularly scheduled general election for Federal office held in 2024 and each succeeding regularly scheduled general election for Federal office thereafter, the Director, in consultation with the Election Assistance Commission, shall submit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the activities carried out under the Program and the amounts deposited into and paid from the Trust Fund during the two most recent fiscal years. (e) Coverage under Inspector General Act of 1978 for conducting audits and investigations (1) In general Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting the Office of Democracy Advancement and Innovation, after Election Assistance Commission, . (2) Effective date The amendment made by paragraph (1) shall take effect 180 days after the appointment of the Director. (f) Coverage under Hatch Act Clause (i) of section 7323(b)(2)(B) of title 5, United States Code, is amended— (1) by striking or at the end of subclause (XIII); and (2) by adding at the end the following new subclause: (XV) the Office of Democracy Advancement and Innovation; or . (g) Regulations (1) In general Except as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the duties of the Office under this Act and the amendments made by this Act. (2) State plan submission and approval and distribution of funds Not later than 90 days after the date of the enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the requirements of this title and the amendments made by this title. (3) Comments by the Election Assistance Commission The Election Assistance Commission shall timely submit comments with respect to any proposed regulations promulgated by the Director under this subsection. (h) Interim authority pending appointment and confirmation of Director (1) Authority of Director of Office of Management and Budget Notwithstanding subsection (b), during the transition period, the Director of the Office of Management and Budget is authorized to perform the functions of the Office under this Act, and shall act for all purposes as, and with the full powers of, the Director. (2) Interim administrative services (A) Authority of Office of Management and Budget During the transition period, the Director of the Office of Management and Budget may provide administrative services necessary to support the Office. (B) Termination of authority; permitting extension The Director of the Office of Management and Budget shall cease providing interim administrative services under this paragraph upon the expiration of the transition period, except that the Director of the Office of Management and Budget may continue to provide such services after the expiration of the transition period if the Director and the Director of the Office of Management and Budget jointly transmit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate— (i) a written determination that an orderly implementation of this Act is not feasible by the expiration of the transition period; (ii) an explanation of why an extension is necessary for the orderly implementation of this Act; (iii) a description of the period during which the Director of the Office of Management and Budget shall continue providing services under the authority of this subparagraph; and (iv) a description of the steps that will be taken to ensure an orderly and timely implementation of this Act during the period described in clause (iii). (3) Transition period defined In this subsection, the transition period is the period which begins on the date of the enactment of this Act and ends on the date on which the first Director is appointed. (4) Limit on length of period of interim authorities Notwithstanding any other provision of this subsection, the Director of the Office of Management and Budget may not exercise any authority under this subsection after the expiration of the 24-month period which begins on the date of the enactment of this Act. (i) Authorization of appropriations There are authorized to be appropriated from the Trust Fund such sums as may be necessary to carry out the activities of the Office for fiscal year 2023 and each succeeding fiscal year. II State Election Assistance and Innovation Trust Fund 201. State Election Assistance and Innovation Trust Fund (a) Establishment There is established in the Treasury a fund to be known as the State Election Assistance and Innovation Trust Fund . (b) Contents There is hereby appropriated to the Trust Fund $2,000,000,000 for each of fiscal years 2023 through 2032. (c) Use of funds Amounts in the Trust Fund shall be used to make payments and allocations under the Program and to carry out the activities of the Office. (d) Acceptance of gifts The Office may accept gifts or bequests for deposit into the Trust Fund. III General Provisions 301. Definitions In this Act, the following definitions apply: (1) The term chief State election official has the meaning given such term in section 253(e) of the Help America Vote Act of 2002 ( 52 U.S.C. 21003(e) ). (2) The term Director means the Director of the Office. (3) The term Indian lands includes— (A) Indian country, as defined under section 1151 of title 18, United States Code; (B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), by an Indian Tribe that is a Native village (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act ( 43 U.S.C. 1602 )); (C) any land on which the seat of the Tribal government is located; and (D) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (4) The term Office means the Office of Democracy Advancement and Innovation established under section 105. (5) The term Program means the Democracy Advancement and Innovation Program established under section 101. (6) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (7) The term Trust Fund means the State Election Assistance and Innovation Trust Fund established under section 201. 302. Rule of construction regarding calculation of deadlines (a) In general With respect to the calculation of any period of time for the purposes of a deadline in this Act, the last day of the period shall be included in such calculation, unless such day is a Saturday, a Sunday, or a legal public holiday, in which case the period of such deadline shall be extended until the end of the next day which is not a Saturday, a Sunday, a legal public holiday. (b) Legal public holiday defined For the purposes of this section, the term legal public holiday means a day described in section 6103(a) of title 5, United States Code. 303. Severability If any provision of this Act or any amendment made by this Act, or the application of any such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of such Act and amendments made by such Act and the application of such provision or amendment to any other person or circumstance, shall not be affected by the holding. | https://www.govinfo.gov/content/pkg/BILLS-117s4239is/xml/BILLS-117s4239is.xml |
117-s-4240 | II 117th CONGRESS 2d Session S. 4240 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Grassley (for himself, Mr. Durbin , Mr. Graham , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 2441 of title 18, United States Code, to broaden the scope of individuals subject to prosecution for war crimes.
1. Short title This Act may be cited as the Justice for Victims of War Crimes Act . 2. War crimes Section 2441 of title 18, United States Code, is amended— (1) by striking subsection (b) and inserting the following: (b) Jurisdiction There is jurisdiction over an offense described in subsection (a) if— (1) the offense occurs in whole or in part within the United States; or (2) regardless of where the offense occurs— (A) the victim or offender is— (i) a national of the United States or an alien lawfully admitted for permanent residence; or (ii) a member of the Armed Forces of the United States, regardless of nationality; or (B) the offender is present in the United States, regardless of the nationality of the victim or offender. ; and (2) by adding at the end the following: (e) Nonapplicability of certain limitations In the case of an offense described in subsection (a), an indictment may be found or an information may be instituted at any time without limitation. (f) Certification requirement No prosecution for an offense described in subsection (a) shall be undertaken by the United States except on written certification of the Attorney General or a designee that a prosecution by the United States is in the public interest and necessary to secure substantial justice. . | https://www.govinfo.gov/content/pkg/BILLS-117s4240is/xml/BILLS-117s4240is.xml |
117-s-4241 | II 117th CONGRESS 2d Session S. 4241 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Sullivan (for himself, Mr. Toomey , Mr. Crapo , Mr. Grassley , Mr. Cornyn , Mr. Tillis , Mr. Hagerty , Ms. Lummis , Mr. Daines , Mr. Cramer , Mr. Rubio , Mr. Kennedy , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Investment Advisers Act of 1940 to require investment advisers for passively managed funds to arrange for pass-through voting of proxies for certain securities, and for other purposes.
1. Short title This Act may be cited as the INvestor Democracy is EXpected Act or the INDEX Act . 2. Proxy voting of passively managed funds (a) In general The Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. ) is amended by inserting after section 208 ( 15 U.S.C. 80b–8 ) the following: 208A. Requirement with respect to proxy voting of passively managed funds (a) Definitions In this section— (1) the term covered security — (A) means a voting security, as that term is defined in section 2(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) ), in which a qualified fund is invested; and (B) does not include any voting security (as defined in subparagraph (A)) of an issuer registered with the Commission as an investment company under section 8 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8 ); (2) the term passively managed fund means a qualified fund that— (A) is designed to track, or is derived from, an index of securities or a portion of such an index; (B) discloses that the qualified fund is a passive fund or an index fund; (C) allocates not less than 40 percent of the total assets of the qualified fund to an investment strategy that is designed to track, or is derived from, an index of securities or a portion of such an index; or (D) discloses that an allocation described in subparagraph (C) follows an investment strategy that is passive or based on an index of securities; (3) the term qualified fund means— (A) an investment company, as that term is defined in section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ); (B) a private fund; (C) an eligible deferred compensation plan, as that term is defined in section 457(b) of the Internal Revenue Code of 1986; (D) an entity described in section 3(c)(11) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c)(11) ); (E) a plan maintained by an employer described in clause (i), (ii), or (iii) of section 403(b)(1)(A) of the Internal Revenue Code of 1986 to provide annuity contracts described in section 403(b) of such Code; (F) a common trust fund, or similar fund, maintained by a bank; (G) any fund established under section 8438(b)(1) of title 5, United States Code; or (H) any separate managed account of a client of an investment adviser; (4) the term registrant means an issuer of covered securities; (5) the term routine matter does not include— (A) a proposal that is not submitted to a holder of covered securities by means of a proxy statement comparable to that described in section 240.14a–101 of title 17, Code of Federal Regulations, or any successor regulation; (B) a proposal that is— (i) the subject of a counter-solicitation; or (ii) part of a proposal made by a person other than the applicable registrant; (C) a proposal that relates to a merger or consolidation, except when, with respect to a registrant— (i) the proposal is to merge with a wholly owned subsidiary of the registrant; and (ii) holders of covered securities issued by the registrant that dissent to the proposal do not have rights of appraisal; (D) a proposal that relates to the sale, lease, or exchange of all, or substantially all, of the property and assets of a registrant; (E) an election for directors (or comparable positions); or (F) any other matter determined by the Commission or an exchange registered under section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ) to be not routine; and (6) the term voting person means a person that provides voting instructions under subsection (b) or (c). (b) Requirement (1) In general Subject to subsection (g), if an investment adviser holds authority to vote a proxy solicited pursuant to section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) in connection with any vote of covered securities held by a passively managed fund, and the voting authority held by that investment adviser with respect to those covered securities (when combined with the voting authority of other persons controlled by, or under common control with, that investment adviser) is more than 1 percent of the voting authority of the outstanding securities of the registrant subject to the vote, the investment adviser shall vote proportionate amounts of those covered securities in accordance with the voting instructions of— (A) in the case of a passively managed fund that issues securities, persons holding securities in the passively managed fund, such that, solely for the purposes of that vote, the percentage of securities held by such a person shall be deemed to be the percentage of the covered securities beneficially owned by that person; and (B) in all cases other than a case described in subparagraph (A), persons holding economic interests in the passively managed fund, such that, solely for purposes of that vote, the percentage of economic interests held by such a person shall be deemed to be the percentage of the covered securities beneficially owned by that person. (2) Prohibition If paragraph (1) applies with respect to any vote of covered securities and the investment adviser to which that paragraph applies does not receiving voting instructions from all persons described in subparagraphs (A) and (B) of that paragraph, the investment adviser may not vote the proportion of the shares of the covered securities for which the investment adviser does not receive voting instructions. (c) Passively managed fund as security holder of another passively managed fund If a passively managed fund (referred to in this subsection as the holding fund ) holds securities of another passively managed fund (referred to in this subsection as the held fund ), and there is a vote with respect to covered securities held by the held fund, the investment adviser of the holding fund shall obtain voting instructions from persons holding securities in the holding fund, or to persons holding economic interests in the holding fund, as applicable, with respect to that vote in the manner described in subsection (b). (d) Prohibitions (1) Reimbursement No person may seek reimbursement from a registrant, or require any expenses incurred to be paid by a registrant, with respect to the obligations imposed under this section. (2) Partial compliance An investment adviser may not solicit voting instructions from some, but not all, voting persons under subsection (b)(1) or (c), as applicable. (e) Exceptions (1) Voting on routine matters Notwithstanding subsections (b)(1), (b)(2), and (d)(2), if an investment adviser chooses not to solicit voting instructions with respect to a vote described in subsection (b)(1) or (c), or, as of the date that is 10 days before such a vote, the investment adviser has not received voting instructions from a person described in subparagraph (A) or (B) of subsection (b)(1) or subsection (c), as applicable, the investment adviser may vote the covered securities for which the investment adviser has not received voting instructions with respect to a routine matter. (2) Mirror voting exception for matters requiring approval of a majority of outstanding securities Notwithstanding subsections (b)(1), (b)(2), and (d)(2), if a matter to be considered at a meeting of a registrant requires the approval of a majority of the outstanding securities of the registrant entitled to vote on the matter, an investment adviser to which any such provision applies may, with respect to any covered securities for which voting instructions have not been received, as of the date that is 10 days before that vote, vote the uninstructed covered securities in a manner that is proportionate to the votes submitted on the matter by all other security holders of the registrant. (f) Dissemination of information (1) In general Any investment adviser subject to the requirements of subsection (b) or (c) shall, with respect to the dissemination of information and other materials to a voting person, comply with the following requirements, unless the voting person affirmatively declines to receive that information and other materials: (A) Provide to the voting person— (i) a proxy statement, other proxy soliciting material, or an information statement; (ii) an annual report from the applicable registrant; (iii) a form of voting instruction to return to the investment adviser; and (iv) any control or identification number that the voting person needs to return to the investment adviser the voting instruction provided under subparagraph (B). (B) Provide the voting person with not less than 5 business days after the date on which the voting person receives the materials provided under paragraph (1) to return those materials to the investment adviser. (2) Electronic delivery All, or any portion, of the materials that an investment adviser is required to provide under paragraph (1)(A) may be provided electronically, including an internet web site address provided by the applicable registrant or a third party. (3) Option for investment advisers An investment adviser may provide recommendations to voting persons with the material provided under paragraph (1)(A), or after providing the material under that paragraph, if the investment adviser permits voting recommendations to be provided to voting persons by third parties on a nondiscriminatory basis and on a wide range of views. (4) Satisfaction of requirements by passively managed fund With respect to any requirement applicable to an investment adviser under this subsection, the requirement may be satisfied by the applicable passively managed fund, which may cover any expenses, direct or indirect, incurred in carrying out that requirement. (g) Safe harbor and rule of construction regarding duties An investment adviser— (1) with respect to a matter that is not a routine matter, may choose not to solicit voting instructions from any person under subsection (b)(1) or (c), subject to subsections (d)(2) and (e); and (2) if the investment adviser chooses not to solicit voting instructions under subparagraph (A), shall not be considered to be in violation of any duty under any Federal or State law for failing to vote the applicable securities. . (b) Effective date Section 208A of the Investment Advisers Act of 1940, as added by subsection (a), shall take effect on the first August 1 that occurs after the date that is 2 years after the date of enactment of this Act. 3. Voting instructions from customers Section 14(b)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n(b)(1) ) is amended by inserting voting instruction, after consent, . | https://www.govinfo.gov/content/pkg/BILLS-117s4241is/xml/BILLS-117s4241is.xml |
117-s-4242 | II 117th CONGRESS 2d Session S. 4242 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Tuberville (for himself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the preservation and storage of uranium-233 to foster development of thorium molten-salt reactors, and for other purposes.
1. Short title This Act may be cited as the Thorium Energy Security Act of 2022 . 2. Findings Congress makes the following findings: (1) Thorium molten-salt reactor technology was originally developed in the United States, primarily at the Oak Ridge National Laboratory in the State of Tennessee under the Molten-Salt Reactor Program. (2) Before the cancellation of that program in 1976, the technology developed at the Oak Ridge National Laboratory was moving steadily toward efficient utilization of the natural thorium energy resource, which exists in substantial amounts in many parts of the United States, and requires no isotopic enrichment. (3) The People's Republic of China is known to be pursuing the development of molten-salt reactor technology based on a thorium fuel cycle. (4) Thorium itself is not fissile, but fertile, and requires fissile material to begin a nuclear chain reaction. This largely accounts for its exclusion for nuclear weapons developments. (5) Uranium-233, derived from neutron absorption by natural thorium, is the ideal candidate for the fissile material to start a thorium reactor, and is the only fissile material candidate that can minimize the production of long-lived transuranic elements like plutonium, which have proven a great challenge to the management of existing spent nuclear fuel. (6) Geologic disposal of spent nuclear fuel from conventional nuclear reactors continues to pose severe political and technical challenges, and costs United States taxpayers more than $500,000,000 annually in court-mandated payments to electrical utilities operating nuclear reactors. (7) The United States possesses the largest known inventory of separated uranium-233 in the world, aggregated at the Oak Ridge National Laboratory. (8) Oak Ridge National Laboratory building 3019 was designated in 1962 as the national repository for uranium-233 storage, and its inventory eventually grew to about 450 kilograms of separated uranium-233, along with approximately 1,000 kilograms of mixed fissile uranium from the Consolidated Edison Uranium Solidification Program (commonly referred to as CEUSP ), divided into approximately 1,100 containers. (9) The Defense Nuclear Facilities Safety Board issued Recommendation 97–1 (relating to safe storage of uranium-233) in 1997 because of the possibility of corrosion or other degradation around the storage of uranium-233 in a building that was built in 1943. (10) In response, the Department of Energy published Decision Memorandum No. 2 in 2001 concluding that no Department of Energy programs needed uranium-233 and directed that a contract be placed for disposition of the uranium-233 inventory and decommissioning of its storage facility. (11) The Department of Energy awarded a contract for the irreversible downblending of uranium-233 with uranium-238 and its geologic disposal in Nevada, which downblending would create a waste form that would pose radiological hazards for hundreds of thousands of years, rather than to consider uranium-233 as a useful national asset. (12) All 1,000 kilograms of CEUSP uranium-233-based material have been dispositioned (but not downblended) but those containers had little useful uranium-233 in them. The majority of separated and valuable uranium-233 remains uncontaminated by uranium-238 and suitable for thorium fuel cycle research and development. That remaining inventory constitutes the largest supply of uranium-233 known to exist in the world today. (13) The United States has significant domestic reserves of thorium in accessible high-grade deposits, which can provide thousands of years of clean energy if used efficiently in a liquid-fluoride reactor initially started with uranium-233. (14) Recently (as of the date of the enactment of this Act), the Department of Energy has chosen to fund a series of advanced reactors that are all dependent on initial inventories and regular resupplies of high-assay, low-enriched uranium. (15) There is no domestic source of high-assay, low-enriched uranium fuel, and there are no available estimates as to how long the development of a domestic supply of that fuel would take or how expensive such development would be. (16) The only viable source of high-assay, low-enriched uranium fuel is through continuous import from sources in the Russian Federation. (17) The political situation with the Russian Federation as of the date of the enactment of this Act is sufficiently uncertain that it would be unwise for United States-funded advanced reactor development to rely on high-assay, low-enriched uranium since the Russian Federation would be the primary source and can be expected to undercut any future United States production, resulting in a dependency on high-assay, low-enriched uranium from the Russian Federation. (18) The United States has abandoned the development of a geologic repository at Yucca Mountain and is seeking a consenting community to allow interim storage of spent nuclear fuel, but valid concerns persist that an interim storage facility will become a permanent storage facility. (19) Without a closed fuel cycle, high-assay, low-enriched uranium-fueled reactors inevitably will produce long-lived wastes that presently have no disposition pathway. (20) The United States possesses enough uranium-233 to support further research and development as well as fuel the startup of several thorium reactors. Thorium reactors do not require additional fuel or high-assay, low-enriched uranium from the Russian Federation. (21) Continuing the irreversible destruction of uranium-233 precludes privately funded development of the thorium fuel cycle, which would have long term national and economic security implications. 3. Sense of Congress It is the sense of Congress that— (1) it is in the best economic and national security interests of the United States to resume development of thorium molten-salt reactors that can minimize long-lived waste production, in consideration of— (A) the pursuit by the People’s Republic of China of thorium molten-salt reactors and associated cooperative research agreements with United States national laboratories; and (B) the present impasse around the geological disposal of nuclear waste; (2) that the development of thorium molten-salt reactors is consistent with section 1261 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2060), which declared long-term strategic competition with the People's Republic of China as a principal priority for the United States ; and (3) to resume such development, it is necessary to relocate as much of the uranium-233 remaining at Oak Ridge National Laboratory as possible to new secure storage. 4. Definitions In this Act: (1) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a) of title 10, United States Code. (2) Downblend The term downblend means the process of adding a chemically identical isotope to an inventory of fissile material in order to degrade its nuclear value. (3) Fissile material The term fissile material refers to uranium-233, uranium-235, plutonium-239, or plutonium-241. (4) High-assay, low-enriched uranium The term high-assay, low-enriched uranium (commonly referred to as HALEU ) means a mixture of uranium isotopes very nearly but not equaling or exceeding 20 percent of the isotope uranium-235. (5) Transuranic element The term transuranic element means an element with an atomic number greater than the atomic number of uranium (92), such as neptunium, plutonium, americium, or curium. 5. Preservation of uranium-233 to foster development of thorium molten-salt reactors The Secretary of Energy shall preserve uranium-233 inventories that have not been contaminated with uranium-238, with the goal of fostering development of thorium molten-salt reactors by United States industry. 6. Storage of uranium-233 (a) Report on long-Term storage of uranium-233 Not later than 120 days after the date of the enactment of this Act, the Secretary of Energy, in consultation with the heads of other relevant agencies, shall submit to Congress a report identifying a suitable location for, or a location that can be modified for, secure long-term storage of uranium-233. (b) Report on interim storage of uranium-233 Not later than 120 days after the date of the enactment of this Act, the Chief of Engineers shall submit to Congress a report identifying a suitable location for secure interim storage of uranium-233. (c) Report on construction of uranium-233 storage facility at Redstone Arsenal Not later than 240 days after the date of the enactment of this Act, the Chief of Engineers shall submit to Congress a report on the costs of constructing a permanent, secure storage facility for uranium-233 at Redstone Arsenal, Alabama, that is also suitable for chemical processing of uranium-233 pursuant to a public-private partnership with thorium reactor developers. (d) Funding Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for the U233 Disposition Program for fiscal year 2022 or 2023 shall be made available for the transfer of the inventory of uranium-233 to the interim or permanent storage facilities identified under this section. 7. Interagency cooperation on preservation and transfer of uranium-233 The Secretary of Energy, the Secretary of the Army (including the head of the Army Reactor Office), the Secretary of Transportation, the Tennessee Valley Authority, and other relevant agencies shall— (1) work together to preserve uranium-233 inventories and expedite transfers of uranium-233 to interim and permanent storage facilities; and (2) in expediting such transfers, seek the assistance of appropriate industrial entities. 8. Report on use of thorium reactors by People's Republic of China Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of State, the Secretary of Defense, and the Administrator for Nuclear Security, shall submit to Congress a report that— (1) evaluates the progress the People’s Republic of China has made in the development of thorium-based reactors; (2) describes the extent to which that progress was based on United States technology; (3) details the actions the Department of Energy took in transferring uranium-233 technology to the People's Republic of China; and (4) assesses the likelihood that the People's Republic of China may employ thorium reactors in its future navy plans. 9. Report on medical market for isotopes of uranium-233 Not later than 180 days after the date of the enactment of this Act, the Director of the Congressional Budget Office, after consultation with institutions of higher education and private industry conducting medical research and the public, shall submit to Congress a report that estimates the medical market value, during the 10-year period after the date of the enactment of this Act, of actinium, bismuth, and other grandchildren isotopes of uranium-233 that can be harvested without downblending and destroying the uranium-233 source material. 10. Report on costs to United States nuclear enterprise Not later than 180 days after the date of the enactment of this Act, the Director of the Congressional Budget Office, after consultation with relevant industry groups and nuclear regulatory agencies, shall submit to Congress a report that estimates, for the 10-year period after the date of the enactment of this Act, the costs to the United States nuclear enterprise with respect to— (1) disposition of uranium-233; (2) payments to nuclear facilities to store nuclear waste; and (3) restarting the manufacturing the United States of high-assay, low-enriched uranium. | https://www.govinfo.gov/content/pkg/BILLS-117s4242is/xml/BILLS-117s4242is.xml |
117-s-4243 | II 117th CONGRESS 2d Session S. 4243 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Portman (for himself, Mr. Peters , and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes.
1. Short title This Act may be cited as the DHS Trade and Economic Security Council Act of 2022 . 2. DHS Trade and Economic Security Council (a) Definitions In this section: (1) Council The term Council means the DHS Trade and Economic Security Council established under subsection (b). (2) Department The term Department refers to the Department of Homeland Security. (3) Economic security The term economic security means the condition of having secure and resilient domestic production capacity combined with reliable access to the global resources necessary to maintain an acceptable standard of living and protect core national values. (4) Secretary The term Secretary means the Secretary of the Department of Homeland Security. (b) DHS Trade and Economic Security Council In accordance with the mission of the Department under section 101(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 111(b) ), and in particular paragraph (1)(F) of that subsection, the Secretary shall establish a standing council of component heads or their designees within the Department known as the DHS Trade and Economic Security Council . (c) Duties of the Council Pursuant to the scope of the Department's mission as described in subsection (b), the Council shall provide to the Secretary advice and recommendations on matters of trade and economic security, including— (1) identifying concentrated risks for trade and economic security; (2) setting priorities for securing the trade and economic security of the United States; (3) coordinating Department-wide activity on trade and economic security matters; (4) with respect to the development of the President’s continuity of the economy plan under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 ( Public Law 116–283 ); (5) proposing statutory and regulatory changes impacting trade and economic security; and (6) any other matters the Secretary considers appropriate. (d) Chair and Vice Chair The Assistant Secretary for Trade and Economic Security of the Department— (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. (e) Meetings The Council shall meet not less frequently than quarterly, as well as— (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings Not later than 180 days after the date of enactment of this Act and every 6 months thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. 3. Assistant Secretary for Trade and Economic Security Section 709 of the Homeland Security Act of 2002 ( 6 U.S.C. 349 ) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) Assistant Secretary for Trade and Economic Security (1) In general There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. (2) Duties The Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department. (3) Additional responsibilities In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security shall— (A) oversee— (i) coordination of supply chain policy; and (ii) assessments and reports to Congress related to critical economic security domains; (B) serve as the designee of the Secretary for the purposes of representing the Department on the Committee on Foreign Investment in the United States, and the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector; (C) coordinate with stakeholders in other Federal departments and agencies and non-governmental entities with trade and economic security interests, authorities, and responsibilities; and (D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe. (4) Definitions In this subsection: (A) Critical economic security domain The term critical economic security domain means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. (B) Economic security The term economic security has the meaning given that term in section 890B(c)(2). . | https://www.govinfo.gov/content/pkg/BILLS-117s4243is/xml/BILLS-117s4243is.xml |
117-s-4244 | II 117th CONGRESS 2d Session S. 4244 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Toxic Substances Control Act to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos and mixtures and articles containing commercial asbestos, and for other purposes.
1. Short title This Act may be cited as the Alan Reinstein Ban Asbestos Now Act of 2022 . 2. Commercial asbestos ban and reporting Section 6 of the Toxic Substances Control Act ( 15 U.S.C. 2605 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: (j) Asbestos (1) Definitions In this subsection: (A) Commercial asbestos (i) In general The term commercial asbestos means asbestiform fibers that have been extracted and processed from any of the following minerals: (I) Chrysotile (serpentine). (II) Crocidolite (riebeckite). (III) Amosite (cummingtonite-grunerite). (IV) Anthophyllite asbestos. (V) Tremolite asbestos. (VI) Actinolite asbestos. (VII) Richterite. (VIII) Winchite. (ii) Exclusion The term commercial asbestos does not include asbestos fibers that are not extracted or processed for the value of the asbestos fibers. (B) Distribute in commerce (i) In general Except as provided in clause (ii), the terms distribute in commerce and distribution in commerce have the meanings given the terms in section 3. (ii) Exclusions The terms distribute in commerce and distribution in commerce do not include, with respect to commercial asbestos— (I) end-use of a mixture or article containing commercial asbestos and installed in a building or other structure before the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 ; or (II) distribution of a mixture or article containing commercial asbestos solely for the purpose of disposal of the mixture or article in compliance with applicable Federal, State, and local requirements. (C) Mixture or article containing commercial asbestos The term mixture or article containing commercial asbestos does not include a mixture or article in which commercial asbestos is present solely as an impurity (as defined in section 720.3 of title 40, Code of Federal Regulations (or successor regulations)). (2) Applicability (A) In general The prohibitions, requirements, and definition of the term commercial asbestos in this subsection shall— (i) apply only— (I) to chemical substances; and (II) for purposes of regulating chemical substances under this Act; and (ii) have no effect on— (I) any other prohibition or definition of the term asbestos ; or (II) any other requirement regulating asbestos, including for purposes of— (aa) regulating cosmetics under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ); and (bb) determining whether a cosmetic contains asbestos as an ingredient or as an impurity to an ingredient. (B) Impurities Nothing in this subsection applies to any chemical substance, mixture, or article in which commercial asbestos is present solely as an impurity. (3) Prohibition of manufacture, processing, use, and distribution in commerce Effective 1 year after the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 , no person may manufacture, process, use, or distribute in commerce commercial asbestos or any mixture or article containing commercial asbestos. (4) Chlor-alkali industry Notwithstanding paragraph (3), an owner, operator, or agent of an owner or operator of a chlor-alkali facility that is in operation on the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 may, until the date that is 2 years after that date of enactment— (A) import processed commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process; and (B) use, hold, or process commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process. (5) Exemption for national security reasons (A) In general Notwithstanding any other provision of this subsection, the President may, on application, grant any person an exemption from the prohibition under paragraph (3) once for the manufacture, processing, use, or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos only if the President determines that— (i) the manufacture, processing, use, or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos by the person is necessary to protect the national security interests of the United States; and (ii) no feasible alternative to the manufacture, processing, use, or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos exists for the intended use. (B) Duration (i) In general The period of an exemption granted under subparagraph (A) shall not exceed 3 years. (ii) Extension The President may, in accordance with subparagraph (A), extend an exemption granted under that subparagraph once, for a period not to exceed 3 years. (C) Terms and conditions An exemption granted under this paragraph (including any extension granted under subparagraph (B)(ii)) shall include such terms and conditions as are necessary to achieve the maximum extent practicable reduction in exposure to commercial asbestos. (D) Publication (i) Applications Not later than 30 days after receipt of an application for an exemption under this paragraph (including an extension under subparagraph (B)(ii)), the President shall publish the application in the Federal Register. (ii) Exemptions Not later than 30 days after granting an exemption under this paragraph (including an extension under subparagraph (B)(ii)), the President shall publish in the Federal Register— (I) a notice of the exemption; and (II) the terms and conditions included under subparagraph (C). (iii) Exception The President, on a determination that publication under this subparagraph of information relating to an application or granting of a particular exemption would harm the national security interests of the United States— (I) shall not publish that information in the Federal Register; but (II) shall provide that information to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. (E) Application of waiver authority Notwithstanding section 22, the Administrator may not issue a waiver under that section with respect to commercial asbestos. (6) Reports (A) Timing and coverage (i) Previous action Not later than 120 days after the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 , any person who has manufactured, processed, used, or distributed in commerce commercial asbestos or any mixture or article containing commercial asbestos during the 3-year period preceding that date of enactment shall submit to the Administrator a report described in subparagraph (B). (ii) Later action Any person manufacturing, processing, using, or distributing in commerce commercial asbestos or any mixture or article containing commercial asbestos during the period that begins on the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 and ends on the date on which the prohibition under paragraph (3) takes effect shall submit to the Administrator a report described in subparagraph (B) not later than 60 days after— (I) the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 , for any person who has manufactured, processed, used, or distributed in commerce commercial asbestos or any mixture or article containing commercial asbestos before that date of enactment; or (II) the date on which the person initiates that manufacture, processing, use, or distribution in commerce, for any person initiating that manufacture, processing, use, or distribution in commerce on or after that date of enactment. (iii) Reports by chlor-alkali industry An owner, operator, or agent of an owner or operator of a chlor-alkali facility importing, using, holding, or processing an article containing commercial asbestos pursuant to paragraph (4) in a calendar year shall submit to the Administrator a report described in subparagraph (B)— (I) not later than March 1 of the following calendar year; and (II) annually thereafter until the person has submitted such a report with respect to each calendar year after the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 in which that person imported, used, held, or processed such an article. (iv) Reports during exempted period Any person granted an exemption under paragraph (5) shall submit to the Administrator a report described in subparagraph (B) not later than 27 months after— (I) the date on which the exemption is granted; and (II) the date on which the exemption is extended, if applicable. (B) Contents Each report submitted under subparagraph (A) shall include— (i) the name and address of the person submitting the report; (ii) the name, title, and contact information of an authorized representative of the person submitting the report; (iii) the location of the facility or facilities where the manufacture, processing, use, or distribution in commerce of commercial asbestos or mixtures or articles containing commercial asbestos has occurred, or will occur, during the reporting period; (iv) a description of the manufacture, processing, use, or distribution activity during the reporting period of the person submitting the report and the intended and known uses of commercial asbestos and each mixture or article containing commercial asbestos by that person and all other persons to whom the commercial asbestos, mixture, or article is sold or otherwise distributed in commerce; (v) the quantity of commercial asbestos, and the quantity and concentration of commercial asbestos in any mixture or article containing commercial asbestos, that is manufactured, processed, used, or distributed in commerce, or expected to be manufactured, processed, used, or distributed in commerce, by the person during the reporting period; (vi) reasonable estimates of the quantity of commercial asbestos to be disposed of as a result of the reported manufacture, processing, use, or distribution activities, and the manner of the disposal; and (vii) reasonably ascertainable estimates of— (I) the number of individuals who, as a result of the reported manufacture, processing, use, and distribution activities— (aa) have been exposed to commercial asbestos or mixtures or articles containing commercial asbestos; and (bb) will be so exposed; and (II) the nature, duration, frequency, and levels of any exposure described in subclause (I). (C) Reporting period For purposes of subparagraph (B), the reporting period for a report submitted under— (i) subparagraph (A)(i) shall be the 3-year period preceding the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 ; (ii) subparagraph (A)(ii) shall be the period that begins on the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 and ends on the date on which the prohibition under paragraph (3) takes effect; (iii) subparagraph (A)(iii) shall be the calendar year before the calendar year in which the report is submitted; (iv) subparagraph (A)(iv)(I) shall be the period that begins on the date on which an exemption is granted under paragraph (5) and ends on the date on which that exemption expires (not including any extension of that exemption); and (v) subparagraph (A)(iv)(II) shall be the period that begins on the date on which an exemption is extended under paragraph (5)(B)(ii) and ends on the date on which that extension expires. (D) Reporting forms and instructions Not later than 30 days after the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2022 , the Administrator shall publish a notice in the Federal Register that provides instructions for reporting under this paragraph and a form or forms for use by persons submitting reports under this paragraph. (E) Availability Not later than 90 days after the date on which a report is submitted under subparagraph (A), the Administrator shall, subject to section 14, make that report available to the public. (F) Summary and analysis Not later than 180 days after the date on which a report is submitted under subparagraph (A), the Administrator shall, subject to section 14, make available to the public a summary and analysis of the information that report contains. . 3. Public education The Administrator of the Environmental Protection Agency shall— (1) publicize the prohibition under paragraph (3) of subsection (j) of section 6 of the Toxic Substances Control Act ( 15 U.S.C. 2605 ); and (2) provide to persons who may be subject to that prohibition assistance in complying with that subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s4244is/xml/BILLS-117s4244is.xml |
117-s-4245 | II 117th CONGRESS 2d Session S. 4245 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Booker (for himself, Mr. Tester , Mr. Merkley , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To impose a moratorium on large agribusiness, food and beverage manufacturing, and grocery retail mergers.
1. Short title This Act may be cited as the Food and Agribusiness Merger Moratorium and Antitrust Review Act of 2022 . 2. Findings Congress finds the following: (1) Concentration in the food and agricultural economy, including mergers, acquisitions, and other combinations and alliances among suppliers, packers, integrators, other food processors, distributors, and retailers has been accelerating at a rapid pace since the 1980s, and particularly since the 2007 through 2009 recession. (2) The trend toward greater concentration in food and agriculture has important and far reaching implications not only for family farmers, but also for food chain workers, the food we eat, the communities we live in, the integrity of the natural environment upon which we all depend, and for our collective public health. (3) The infant formula industry, for example, has reached an alarming level of corporate concentration with 4 companies now controlling nearly 90 percent of the infant formula market. A disruption in the supply of just 1 infant formula producer now presents a grave risk to infant health in the United States. (4) In the past 4 decades, the top 4 largest pork packers have seized control of 70 percent of the market, up from 36 percent. Over the same period, the top 4 beef packers have expanded their market share from 32 percent to 85 percent. The top 4 flour millers have increased their market share from 40 percent to 64 percent. The market share of the top 4 soybean crushers has jumped from 54 percent to 79 percent, and the top 4 wet corn processors control of the market has increased from 63 percent to 86 percent. (5) Today the top 4 sheep, poultry, and fluid milk processors now control 62 percent, 54 percent, and 50 percent of the market, respectively. (6) The top 4 grain companies today control as much as 90 percent of the global grain trade. (7) During the past 5 years there has been a wave of consolidation among global seed and crop-chemical firms, 3 companies now control nearly 2/3 of the world’s commodity crop seeds. Those same 3 companies now also control nearly 70 percent of all agricultural chemicals and pesticides. (8) In the United States, the 4 largest corn seed sellers accounted for 85 percent of the market in 2015, up from 60 percent in 2000. Over the past 20 years, the cost for an acre’s worth of seeds for an average corn farmer has nearly quadrupled, and the cost of fertilizer has more than doubled. Yet corn yields increased only 36 percent over that time, and the price received for the sale of a bushel of corn increased only 31 percent. (9) A handful of firms dominate the processing of every major commodity. Many of them are vertically integrated, which means that they control successive stages of the food chain, from inputs to production to distribution. The growing number and scale of cross-border agribusiness and food mergers have put foreign firms, often with considerable government backing, into prominent and even dominant positions in the United States beef, hog, poultry, seed, fertilizer, and agrichemical sectors. (10) Growing concentration of the agricultural sector has restricted choices for farmers trying to sell their products. As the bargaining power of agribusiness firms over farmers increases, concentrated agricultural commodity markets are stacked against the farmer, with buyers of agricultural commodities often possessing regional dominance in the form of oligopsony or monopsony relative to sellers of such commodities. (11) The high concentration and consolidation of buyers in agricultural markets has resulted in the thinning of both cash and future markets, thereby allowing dominant buyers to leverage their market shares to move those markets to the detriment of family farmers and ranchers. (12) Buyers with oligopsonistic or monopsonistic power have incentives to engage in unfair and discriminatory acts that cause farmers to receive less than a competitive price for their goods. At the same time, some Federal courts have incorrectly required a plaintiff to show harm to competition generally, in addition to harm to the individual farmer, when making a determination that an unfair, unjustly discriminatory, deceptive, or preferential act exists under the Packers and Stockyards Act of 1921. (13) The farmer’s share of every retail dollar has plummeted from 41 percent in 1950, to less than 15 percent today, while the profit share for farm input, marketing, and processing companies has risen. (14) While agribusiness conglomerates are posting record earnings, farmers are facing desperate times. Since 2013, net farm income for United States farmers has fallen by more than half and median on farm income was negative in 2020. (15) The benefits of low commodity prices are not being passed on to American consumers. The gap between what shoppers pay for food and what farmers are paid is growing wider. (16) The steadily rising price of food has outpaced growth in incomes for typical workers. Since the Great Recession, the annual growth of real prices for food at the supermarket have risen nearly 3 times faster than typical earnings. (17) There is a growing consensus that economic consolidation contributes to the widening gap in economic opportunity in the United States and bigger, more dominant firms are more likely to deliver profits to investors than to raise wages or benefits. Mega-mergers in the food and agribusiness industries can lead to growing monopsony power abuse resulting in wage suppression, along with massive layoffs as companies shutter factories and facilities, harming working families and communities. (18) Concentration, low prices, anticompetitive practices, and other manipulations and abuses of the agricultural economy are driving small family farmers out of business. Farmers are going bankrupt or giving up, and few are taking their places; more farm families are having to rely on other jobs to stay afloat. Seventy-nine percent of farm household income came from off farm work in 2020, up from 53 percent in 1960. (19) Eighty-one percent of America’s farmed cropland is now controlled by 15 percent of farms, and the number of farmers leaving the land will continue to increase unless and until these trends are reversed. (20) The decline of small family farms undermines the economies of rural communities across America; it has pushed Main Street businesses, from equipment suppliers to small banks, out of business or to the brink of insolvency. (21) Increased concentration in the agribusiness sector has a harmful effect on the environment; corporate hog farming, for example, threatens the integrity of local water supplies and creates noxious odors in neighboring communities. Concentration also can increase the risks to food safety and limit the biodiversity of plants and animals. (22) The decline of family farming poses a direct threat to American families and family values, by subjecting farm families to turmoil and stress. Farm advocates across the country are reporting an increase in farmer suicides over the past several years. (23) The decline of family farming causes the demise of rural communities, as stores lose customers, churches lose congregations, schools and clinics become under-used, career opportunities for young people dry up, and local inequalities of wealth and income grow wider. (24) These developments are not the result of inevitable market forces. Its problems arise rather from policies made in Washington, including farm, antitrust, and trade policies. (25) Past congressional action to remediate market failure, such as enacting country-of-origin labeling to provide transparency for domestic farmers, ranchers, and consumers regarding agricultural commodity origins, have been overturned for key commodities by oligopolistic conglomerates that use undifferentiated imports to reduce domestic farm prices. (26) To restore competition in the agricultural economy, and to increase the bargaining power and enhance economic prospects for family farmers, the trend toward concentration must be reversed. 3. Definitions In this Act: (1) Agricultural input supplier The term agricultural input supplier means any person (excluding agricultural cooperatives) engaged in the business of selling, in interstate or foreign commerce, any product to be used as an input (including seed, germ plasm, hormones, antibiotics, fertilizer, and chemicals, but excluding farm machinery) for the production of any agricultural commodity, except that no person shall be considered an agricultural input supplier if sales of such products are for a value less than $10,000,000 per year. (2) Broker The term broker means any person engaged in the business of negotiating sales and purchases of any agricultural commodity in interstate or foreign commerce for or on behalf of the vendor or the purchaser, except that no person shall be considered a broker if the only sales of such commodities are for a value less than $10,000,000 per year. (3) Commission merchant The term commission merchant means any person engaged in the business of receiving in interstate or foreign commerce any agricultural commodity for sale, on commission, or for or on behalf of another, except that no person shall be considered a commission merchant if the only sales of such commodities are for a value less than $10,000,000 per year. (4) Dealer The term dealer means any person (excluding agricultural cooperatives) engaged in the business of buying, selling, or marketing agricultural commodities in interstate or foreign commerce, except that— (A) no person shall be considered a dealer with respect to sales or marketing of any agricultural commodity of that person’s own raising; and (B) no person shall be considered a dealer if the only sales of such commodities are for a value less than $10,000,000 per year. (5) Integrator The term integrator means an entity that contracts with farmers for grower services to raise chickens or hogs to slaughter size and weight. The integrator owns the chickens or hogs, supplies the feed, slaughters, and further processes the poultry or pork. (6) Processor The term processor means any person (excluding agricultural cooperatives) engaged in the business of handling, preparing, or manufacturing (including slaughtering and food and beverage manufacturing) of an agricultural commodity, or the products of such agricultural commodity, for sale or marketing for human consumption, except that no person shall be considered a processor if the only sales of such products are for a value less than $10,000,000 per year. (7) Retailer The term retailer means any person (excluding agricultural cooperatives, cooperative retailers, and cooperative distributers) licensed as a retailer under the Perishable Agriculture Commodities Act of 1930 ( 7 U.S.C. 499a(b) ), except that no person shall be considered a retailer if the only sales of such products are for a value less than $10,000,000 per year. I Moratorium on large agribusiness, food and beverage manufacturing, and grocery retail mergers 101. Moratorium on large agribusiness, food and beverage manufacturing, and grocery retail mergers (a) In general (1) Moratorium Until the date referred to in paragraph (2) and except as provided in subsection (b)— (A) no dealer, processor, commission merchant, agricultural input supplier, broker, or operator of a warehouse of agricultural commodities or retailer with annual net sales or total assets of more than $160,000,000 shall merge or acquire, directly or indirectly, any voting securities or assets of any other dealer, processor, commission merchant, agricultural input supplier, broker, or operator of a warehouse of agricultural commodities or retailer with annual net sales or total assets of more than $16,000,000; and (B) no dealer, processor, commission merchant, agricultural input supplier, broker, or operator of a warehouse of agricultural commodities or retailer with annual net sales or total assets of more than $16,000,000 shall merge or acquire, directly or indirectly, any voting securities or assets of any other dealer, processor, commission merchant, agricultural input supplier, broker, or operator of a warehouse of agricultural commodities or retailer with annual net sales or total assets of more than $160,000,000 if the acquiring person would hold— (i) 15 percent or more of the voting securities or assets of the acquired person; or (ii) an aggregate total amount of the voting securities and assets of the acquired person in excess of $15,000,000. (2) Date The date referred to in this paragraph is the effective date of comprehensive legislation— (A) addressing the problem of market concentration in the food and agricultural sector; and (B) containing a section stating that the legislation is comprehensive legislation as provided in section 101 of the Food and Agribusiness Merger Moratorium and Antitrust Review Act of 2019; or (b) Waiver authority The Attorney General shall have authority to waive the moratorium imposed by subsection (a) only under extraordinary circumstances, such as insolvency or similar financial distress of 1 of the affected parties. (c) Exemptions The classes of transactions described in section 7A(c) of the Clayton Act ( 15 U.S.C. 18a(c) ) are exempt from subsection (a). (d) Avoidance Any transaction or other device entered into or employed for the purpose of avoiding the moratorium contained in subsection (a) shall be disregarded, and the application of the moratorium shall be determined by applying subsection (a) to the substance of the transaction. (e) Rulemaking The Attorney General shall promulgate regulations that the Attorney General determines are necessary to implement this section. II Agriculture Concentration and Market Power Review Commission 201. Establishment of Commission (a) Establishment There is established a commission to be known as the Food and Agriculture Concentration and Market Power Review Commission (hereafter in this title referred to as the Commission ). (b) Purposes The purpose of the Commission is to— (1) study the nature and consequences of concentration in America’s food and agricultural economy; and (2) make recommendations on how to change underlying antitrust laws and other Federal laws and regulations to keep a fair and competitive agriculture marketplace for family farmers, other small and medium sized agriculture producers, generally, and the communities of which they are a part. (c) Membership of Commission (1) Composition The Commission shall be composed of 12 members as follows: (A) Three persons, 1 of whom shall be a person currently engaged in farming or ranching, shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate, after consultation with the Chairs of the Committee on Agriculture, Nutrition, and Forestry and of the Committee on the Judiciary. (B) Three persons, 1 of whom shall be a person currently engaged in farming or ranching, shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate, after consultation with the ranking minority member of the Committee on Agriculture, Nutrition, and Forestry and of the Committee on the Judiciary. (C) Three persons, 1 of whom shall be a person currently engaged in farming or ranching and 1 of whom shall be a representative of organized labor, shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairs of the Committee on Agriculture and of the Committee on the Judiciary. (D) Three persons, 1 of whom shall be a person currently engaged in farming or ranching, shall be appointed by the Minority Leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Agriculture, Nutrition, and Forestry and of the Committee on the Judiciary. (2) Qualifications of members (A) Appointments Persons who are appointed under paragraph (1) shall be persons who— (i) have experience in farming or ranching, expertise in agricultural economics and antitrust, or have other pertinent qualifications or experience relating to agriculture and food and agriculture industries; and (ii) are not officers or employees of the United States. (B) Other consideration In appointing Commission members, every effort shall be made to ensure that the members— (i) are representative of a broad cross sector of agriculture and antitrust perspectives within the United States; and (ii) provide fresh insights to analyzing the causes and impacts of concentration in agriculture industries and sectors. (d) Period of appointment; vacancies (1) In general Members shall be appointed not later than 60 days after the date of enactment of this Act and the appointment shall be for the life of the Commission. (2) Vacancies Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (f) Meetings The Commission shall meet at the call of the Chairperson. (g) Chairperson and vice Chairperson The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (h) Quorum A majority of the members of the Commission shall constitute a quorum for the transaction of business. (i) Voting Each member of the Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Commission. 202. Duties of the Commission (a) In general The Commission shall be responsible for examining the nature, the causes, and consequences concentration in America’s agricultural economy in the broadest possible terms. (b) Issues To be addressed The study shall include an examination of the following matters: (1) The nature and extent of concentration in the food and agricultural sector, including food production, manufacturing, transportation, processing, distribution, marketing, retailing, and farm inputs such as machinery, fertilizer, and seeds. (2) Current trends in concentration of the food and agricultural sector and what this sector is likely to look like in the near and longer term future. (3) The effects of rising concentration on suppliers, workers and farmers, including independent and contract farmers, with respect to— (A) competition in markets for their products and services; (B) income and benefit levels; (C) income distribution; (D) income volatility; (E) other material benefits; and (F) wages and benefits of employees. (4) The impacts of this concentration upon rural communities, rural economic development, and the natural environment. (5) The impacts of concentration in the seed industry on genetic diversity in farm fields and any related impacts on food security. (6) The impacts of this concentration upon food shoppers, including the reasons that low farm prices have not resulted in corresponding drops in supermarket prices. (7) Whether farming is approaching a scale that is larger than necessary from the standpoint of productivity. (8) The effect of current laws and administrative practices in supporting and encouraging this concentration. (9) Whether the existing antitrust laws provide adequate safeguards against, and remedies for, the impacts of concentration upon family farms, the communities they comprise, and the food shoppers of this Nation. (10) Accurate and reliable data on the national and international markets shares of multinational agribusinesses, and the portion of their sales attributable to exports. (11) Barriers that inhibit entry of new competitors into markets for the processing of agricultural commodities, such as the meat packing industry. (12) The extent to which developments, such as packer ownership of livestock, formula pricing, marketing agreements, production contracting, forward contracting, and vertical integration tend to give processors, agribusinesses, integrators, and other buyers of agricultural commodities additional market power over farmers and suppliers in local markets. (13) The extent to which mergers cause wage suppression, layoffs, or reduced benefits to workers in the food and agricultural sector. (14) Such related matters as the Commission determines to be important. 203. Final report (a) In general Not later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to the President and Congress a final report which contains— (1) the findings and conclusions of the Commission described in section 202; and (2) recommendations for addressing the problems identified as part of the Commission’s analysis. (b) Separate views Any member of the Commission may submit additional findings and recommendations as part of the final report. 204. Powers of Commission (a) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this title. The Commission shall hold at least 1 or more hearings in Washington, DC, and 4 in different agriculture regions of the United States. (b) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this title. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. 205. Commission personnel matters (a) Compensation of members Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 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 Commission. (b) Travel expenses The members of the Commission 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 Commission. (c) Staff (1) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of government employees Any Federal Government employee shall be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 206. Support services The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. 207. Authorization of appropriations There is authorized to be appropriated $2,000,000 to the Commission as required by this title to carry out the provisions of this title. | https://www.govinfo.gov/content/pkg/BILLS-117s4245is/xml/BILLS-117s4245is.xml |
117-s-4246 | II 117th CONGRESS 2d Session S. 4246 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Padilla (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to establish a pilot program to provide grants related to advanced air mobility infrastructure, and for other purposes.
1. Short title This Act may be cited as the Advanced Aviation Infrastructure Modernization Act or the AAIM Act . 2. Advanced air mobility infrastructure pilot program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a pilot program to provide grants that assist an eligible entity to plan for the development and deployment of infrastructure necessary to facilitate AAM operations, locally and regionally, within the United States. (b) Planning grants (1) In general The Secretary shall provide grants to eligible entities to develop comprehensive plans under paragraph (2) related to AAM infrastructure. (2) Comprehensive plan (A) In general Not later than 1 year after receiving a grant under this subsection, an eligible entity shall submit to the Secretary a comprehensive plan in a format capable of being published on the website of the Department of Transportation. (B) Plan contents The Secretary shall establish content requirements for comprehensive plans submitted under this subsection, which shall include not less than 1 of the following: (i) The identification of planned or potential vertiport locations. (ii) A description of infrastructure necessary to support AAM operations. (iii) A description of types of planned or potential AAM operations and forecast for proposed vertiport operations, including estimates for initial operations and future growth. (iv) The identification of physical and digital infrastructure required to meet any standards for vertiport design and performance characteristics established by the Federal Aviation Administration (as in effect on the date on which the Secretary issues a grant to an eligible entity), including modifications to existing infrastructure and ground sensors, electric charging or other fueling requirements, electric utility requirements, wireless and cybersecurity requirements, fire safety, perimeter security, and other necessary hardware or software. (v) A description of any hazard associated with planned vertiport infrastructure, such as handling of hazardous materials, batteries, or other fuel cells, charging or fueling of aircraft, aircraft rescue and firefighting response, and emergency planning. (vi) A description of potential environmental effects of planned construction or siting of vertiports. (vii) A description of how planned vertiport locations, including new or repurposed infrastructure, fit into State and local transportation systems and networks, including— (I) connectivity to existing public transportation hubs and intermodal and multimodal facilities; (II) opportunities to create new service to rural areas and areas underserved by air transportation; or (III) opportunities to utilize existing aviation infrastructure, such as airports and heliports, for AAM operations. (viii) A description of how vertiport planning will be incorporated in State or metropolitan planning documents. (ix) The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned vertiport location and planned or anticipated AAM operations, such as engagement with communities in rural areas, underserved communities, individuals with disabilities, or racial and ethnic minorities. (x) The identification of the actions necessary for an eligible entity to undertake the construction of a vertiport, such as planning studies to assess existing infrastructure or newly identified areas of AAM integration, environmental studies, studies of projected economic benefit to the community, lease or acquisition of an easement or land for new infrastructure, and activities related to other capital costs. (xi) The identification of State, local, or private sources of funding an eligible entity may use to assist with the construction or operation of a vertiport. (xii) The identification of existing Federal aeronautical and airspace requirements that must be met for the eligible entity's planned vertiport location. (xiii) A description of how the eligible entity will include opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals to compete, on an equal basis, for contracts or subcontracts related to the design, development, construction, or operation of a proposed vertiport. (3) Application To apply for a grant under this subsection, an eligible entity shall provide to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. (4) Selection (A) In general In awarding grants under this subsection, the Secretary shall consider the following: (i) Geographic diversity. (ii) Diversity of the proposed models of infrastructure financing and management. (iii) Diversity of anticipated or planned AAM operations. (iv) The need for comprehensive plans that— (I) facilitate the safe and efficient integration of AAM operations into the National Airspace System; (II) improve transportation safety, connectivity, and access in both rural and urban regions in the United States; (III) leverage existing public transportation systems and intermodal and multimodal facilities or newly identified areas of AAM integration; (IV) reduce surface congestion and the environmental impacts of transportation; (V) grow the economy and create jobs in the United States; and (VI) encourage community engagement when planning for AAM-related infrastructure. (B) Priority The Secretary shall prioritize awarding grants under this subsection to eligible entities that partner with commercial AAM entities, institutions of higher education, research institutions, or other relevant stakeholders to develop and prepare a comprehensive plan. (C) Minimum allocation to rural areas The Secretary shall ensure that not less than 20 percent of the amounts made available under subsection (c) are used to award grants to eligible entities that submit a comprehensive plan under paragraph (2) that is related to infrastructure located in a rural area. (5) Grant amount Each grant made under this subsection shall be made in an amount that is not more than $1,000,000. (6) Briefing (A) In general Not later than 180 days after the first comprehensive plan is submitted under paragraph (2), and every 180 days thereafter through September 30, 2024, the Secretary shall provide a briefing to the appropriate committees of Congress on the comprehensive plans submitted to the Secretary under such paragraph. (B) Contents The briefing required under subparagraph (A) shall include— (i) an evaluation of all planned or proposed vertiport locations included in the comprehensive plans submitted under paragraph (2) and how such planned or proposed vertiport locations may fit into the overall United States transportation system and network; and (ii) a description of lessons or best practices learned through the review of comprehensive plans and how the Secretary will incorporate any such lessons or best practices into Federal standards or guidance for the design and operation of AAM infrastructure and facilities. (c) Authorization of appropriations (1) Authorization There are authorized to be appropriated to the Secretary to carry out this section $12,500,000 for each of fiscal years 2022 and 2023, to remain available until expended. (2) Administrative expenses Of the amounts made available under paragraph (1), the Secretary may retain up to 1 percent for personnel, contracting, and other costs to establish and administer the pilot program under this section. (d) Termination (1) In general No grant may be awarded under this section after September 30, 2023. (2) Continued funding Funds authorized to be appropriated pursuant to subsection (c) may be expended after September 30, 2023— (A) for grants awarded prior to September 30, 2023; and (B) for administrative expenses. (e) Definitions In this Act: (1) Advanced air mobility; AAM The terms advanced air mobility and AAM mean a transportation system that transports individuals or property between points in the United States using aircraft with innovative capabilities, including aircraft that use 2 or more lift or thrust units to generate powered lift and control during vertical takeoff or landing, that may be piloted, remotely piloted, or autonomous, including those powered by electric or hybrid driven propulsion, in both controlled and uncontrolled airspace. (2) Appropriate committees of Congress The term appropriate committees of Congress means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (3) Commercial AAM entities The term commercial AAM entities means— (A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems related to AAM; (B) intended commercial operators of AAM aircraft and systems; and (C) intended commercial operators and developers of vertiports. (4) Eligible entity The term eligible entity means— (A) a State, local, or Tribal government, including a political subdivision thereof; (B) an airport sponsor; (C) a transit agency; (D) a port authority; (E) a metropolitan planning organization; or (F) any combination or consortium of the entities described in subparagraphs (A) through (E). (5) Metropolitan planning organization The term metropolitan planning organization has the meaning given such term in section 5303(b) of title 49, United States Code. (6) Rural area The term rural area means an area located outside a metropolitan statistical area (as designated by the Office of Management and Budget). (7) Secretary The term Secretary means the Secretary of Transportation. (8) State The term State means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. (9) Vertiport The term vertiport means a designated location used or intended to be used to support AAM operations, including the landing, takeoff, loading, taxiing, parking, and storage of aircraft developed for AAM operations. | https://www.govinfo.gov/content/pkg/BILLS-117s4246is/xml/BILLS-117s4246is.xml |
117-s-4247 | II 117th CONGRESS 2d Session S. 4247 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Padilla (for himself, Mr. Menendez , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Public Works and Economic Development Act of 1965 to establish university centers to encourage certain economic development, and for other purposes.
1. Short title This Act may be cited as the University Centers for Growth, Development, and Prosperity Act of 2022 . 2. Economic development agency university centers (a) Establishment Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 219. University centers (a) In general The Secretary shall make awards to institutions of higher learning for such institutions to serve as university centers. (b) Geographic coverage The Secretary shall ensure that one university center is established in each State to provide services in such State. (c) Prioritization of historically Black colleges and universities, Tribal colleges and universities, Hispanic-Serving institutions, and minority-Serving institutions In establishing university centers under this section, the Secretary shall prioritize institutions of higher education that are eligible to receive funds under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (d) Duties The university centers established under this section, to the extent practicable, shall— (1) collaborate with other university centers; (2) collaborate with economic development districts, trade adjustment assistance centers, Hollings Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, Business Centers and Rural Business Centers of the Minority Business Development Agency, and other relevant Federal economic development technical assistance and service providers to provide expertise, applied research, and technical assistance to develop, implement, and support regional strategies that assist in job creation, high-skilled regional talent pools, and business expansion in a region’s innovation cluster; (3) provide technical assistance, business development services, and technology transfer services to businesses in the service area of the university center; (4) establish partnerships with one or more commercialization intermediaries that are public or nonprofit technology transfer organizations eligible to receive a grant under section 602(d)(1)(B) of the American Innovation and Competitiveness Act ( 42 U.S.C. 1862s–9(d)(1)(B) ); and (5) provide to communities and regions assistance relating to data collection and analysis and other research relating to economic conditions and vulnerabilities that can inform economic development and adjustment strategies. (e) Funding The Secretary may provide to each university center under this section for each fiscal year an amount that is not less than $500,000 and not more than $1,000,000. . (b) Conforming amendment Section 3(12) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122(12) ) is amended by inserting a university center established under section 219 or after means . (c) Clerical amendment The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 note) is amended by inserting after the item relating to section 218 the following new item: Sec. 219. University centers. . | https://www.govinfo.gov/content/pkg/BILLS-117s4247is/xml/BILLS-117s4247is.xml |
117-s-4248 | II 117th CONGRESS 2d Session S. 4248 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enhance pipeline safety and oil spill preparedness and response, particularly in the Great Lakes Basin, and for other purposes.
1. Short title This Act may be cited as the Preventing Releases Of Toxic Environmental Contaminants Threatening Our Great Lakes Act or the PROTECT Our Great Lakes Act . 2. Definitions In this Act: (1) Administration The term Administration means the Pipeline and Hazardous Materials Safety Administration. (2) Administrator The term Administrator means the Administrator of the Administration. (3) Best available technology The term best available technology , with respect to a pipeline, means commercially available technology that, in the determination of the Administrator, provides the greatest degree of protection with respect to limiting the quantity of release in the event of a leak or spill, taking into consideration whether the technology— (A) is currently in use by pipeline operators; and (B) can be readily purchased for use in the United States. (4) Center The term Center means the Center of Expertise for Great Lakes Oil Spill Preparedness and Response established under section 807(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 ( Public Law 115–282 ; 14 U.S.C. 313 note). (5) High consequence area The term high consequence area has the meaning given the term in section 195.450 of title 49, Code of Federal Regulations (or a successor regulation). (6) Secretary The term Secretary means the Secretary of Transportation. (7) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. 3. Adjustment of PHMSA employee pay rates (a) Establishment of pay rates Subject to section 5373 of title 5, United States Code, and notwithstanding any other provision of law, to ensure that the Administration is able to competitively attract and retain employees, including employees with the greatest talent with respect to the inspection of pipelines, the Secretary may establish, in accordance with this section, higher minimum rates of basic pay for the employees of the Administration described in subsection (b). (b) Employees described The employees of the Administration referred to in subsection (a) are, as the Secretary determines to be appropriate, 1 or more of the following: (1) Employees in a job series the duties of which are comparable, in the determination of the Secretary, to the duties of a job series described in section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012). (2) Employees that are GS–0801 series General Engineers. (3) Employees in a job series the duties of which involve— (A) the inspection of pipelines; or (B) the enforcement of laws (including regulations) relating to pipelines. (c) Requirement A rate of basic pay established under subsection (a) shall be— (1) with respect to employees in a job series described in subsection (b)(1), equal to the rate of basic pay established by the Secretary of the Interior under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012), for the employees of the Department of the Interior in the applicable job series described in that subsection; and (2) with respect to employees in a job series described in paragraph (2) or (3) of subsection (b)— (A) commensurate with the rate of basic pay established by the Secretary of the Interior under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012), for the job series that, in the determination of the Secretary, is most comparable to the applicable job series described in paragraph (2) or (3) of that subsection; (B) not more than 30 percent above the minimum rate of basic pay normally scheduled for the applicable employee; and (C) consistent with subsections (e) through (j) of section 5305 of title 5, United States Code. (d) Timing of adjustment (1) In general Notwithstanding any other provision of law, if the Secretary of the Interior establishes a new minimum rate of basic pay under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012), after the date of enactment of this Act, the Secretary, beginning on the date on which the Secretary of the Interior establishes that new minimum rate of basic pay, may establish— (A) a new minimum rate of basic pay under subsection (a) for applicable employees of the Administration; and (B) an effective date for that new minimum rate of basic pay, subject to the condition that the effective date is not earlier than the effective date for the new minimum rate of basic pay established by the Secretary of the Interior. (2) Initial establishment Not later than 45 days after the date of enactment of this Act, the Secretary shall— (A) determine whether the Secretary of the Interior has established a higher minimum rate of basic pay under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012); and (B) if applicable, establish— (i) a minimum rate of basic pay under subsection (a) for applicable employees of the Administration that is based on the most recent minimum rate of basic pay established by the Secretary of the Interior for the applicable job series under that section; and (ii) an effective date for that minimum rate of basic pay, subject to the condition that the effective date is not earlier than the date on which the Secretary establishes that minimum rate of basic pay under clause (i). (e) Prior approval not required Notwithstanding any other provision of law, the Secretary shall not be required to seek or receive approval from the Director of the Office of Management and Budget or the Director of the Office of Personnel Management to establish a new minimum rate of basic pay under this section. (f) Clarification The authority to establish a higher minimum rate of basic pay under this section is in addition to the authority provided by section 102(c) of the PIPES Act of 2020 ( 49 U.S.C. 60101 note; Public Law 116–260 ). (g) Conforming amendment Section 102(c) of the PIPES Act of 2020 ( 49 U.S.C. 60101 note; Public Law 116–260 ) is amended by adding at the end the following: (4) Requirement The rate of pay for an employee of the Administration described in any of paragraphs (1) through (3) of subsection (b) of section 3 of the PROTECT Our Great Lakes Act shall be the highest of— (A) any applicable special pay rate established under paragraph (1); (B) any applicable minimum rate of basic pay established under subsection (a) of that section; and (C) the rate of pay otherwise applicable to the employee. . 4. Oil spill response plans (a) Purposes The purposes of this section are— (1) to strengthen the preparedness of owners and operators of onshore oil pipeline facilities for releases of oil from pipelines; and (2) to ensure that oil spill response plans submitted to the Administrator under part 194 of title 49, Code of Federal Regulations (or successor regulations), adequately anticipate and ensure an adequate response to spills of diluted bitumen. (b) Definitions In this section, the terms On-Scene Coordinator , operator , and response plan have the meanings given those terms in section 194.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (c) Rulemaking Not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Administrator, shall revise part 194 of title 49, Code of Federal Regulations— (1) to require response plans— (A) to identify, using industry-standard names, such as Cold Lake Blend, all of the crude oils transported by the operator, including diluted bitumen; (B) to include safety data sheets for each of the crude oils identified in the response plan; (C) to adequately describe the geographic areas most sensitive to the effects of a diluted bitumen spill, including the water bodies potentially at risk; (D) to describe in sufficient detail the response activities planned and resources available to mitigate the impacts of spills of diluted bitumen, if applicable, including the capabilities of the operator for detection, containment, and recovery of submerged and sunken oil; and (E) to specify the procedures by which the operator will— (i) not later than 6 hours after a spill has been detected, provide to the applicable On-Scene Coordinator or an equivalent State official information identifying the source and industry-standard name of any spilled diluted bitumen; and (ii) not later than 24 hours after the spill, or whenever the operator and the applicable On-Scene Coordinator agree it is safe to do so, provide to the On-Scene Coordinator or an equivalent State official, on request— (I) a 1-liter sample drawn from the batch of oil spilled; and (II) specific compositional information on the diluent; (2) to require response plans and the safety data sheets associated with response plans to include spill-relevant properties and considerations with respect to each crude oil transported by the operator and identified in the response plan in accordance with paragraph (1)(A); (3) to require the Administrator— (A) to consult with the Administrator of the Environmental Protection Agency or the Commandant of the Coast Guard, or both, as applicable, with respect to whether response plans submitted to the Administrator under that part meet the requirements in order to respond to spills of diluted bitumen; and (B) to conduct reviews of response plans for pipelines carrying diluted bitumen to ensure the response plans comply with requirements under that part prior to approval; and (4) to require operators to provide to the Administrator, and make publicly available on the website of the operator, annual reports that describe— (A) the volumes of diluted bitumen, light, medium, and heavy crude oils, and any other crude oils carried by each pipeline of the operator; and (B) the pipeline sections transporting the diluted bitumen and other crude oils described in subparagraph (A). 5. Best available technology for monitoring and shutting off certain pipelines (a) Rulemaking (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Administrator, shall promulgate regulations requiring each operator of a pipeline located in a high consequence area to implement, subject to subsection (d), the best available technology for— (A) real-time monitoring of the pipeline through pressure monitoring at shutoff valves, product flow monitoring, or product wave flow monitoring; (B) shutting off the pipeline; and (C) isolating product flow through the installation of shutoff valves, including (subject to section 60104(b) of title 49, United States Code, if applicable) on existing pipelines, if determined to be appropriate by the Administrator, for purposes of— (i) implementing the best available technology for the activities described in subparagraphs (A) and (B); and (ii) isolating any release in the event of a leak or spill. (2) Rulemaking process Notwithstanding any other provision of law, the requirements of paragraphs (2)(D), (2)(E), (3)(B), and (5) of section 60102(b) of title 49, United States Code, shall not apply to the rulemaking required under paragraph (1) or any proceeding to revise the regulations promulgated under that paragraph. (b) Best available technology (1) In general Subject to paragraphs (2) and (3), unless the Administrator makes a determination that another technology provides a greater degree of protection with respect to limiting the quantity of release in the event of a leak or spill, the best available technology for a pipeline described in subsection (a)(1) shall include— (A) 1 or more leak detection technologies, such as through pressure monitoring at shutoff valves, product flow monitoring, product detection, or product flow wave monitoring; (B) 1 or more automatic shutoff systems with pressure monitoring at the shutoff systems that communicate to, as applicable— (i) the appropriate control room (as defined in section 192.3 of title 49, Code of Federal Regulations (or a successor regulation)); or (ii) the appropriate control room (as defined in section 195.2 of that title (or a successor regulation)); (C) remote-controlled sectionalized block valves with pressure monitoring at shutoff valves; or (D) a combination of technologies described in subparagraphs (A) through (C). (2) Alternative protections In areas where it is not technically feasible to implement the technologies descried in paragraph (1) due to lack of power or communications capabilities for installing the necessary control equipment, the Administrator may establish alternative methods of protection with respect to limiting the quantity of release in the event of a leak or spill that shall be deemed to be the best available technology in that area for purposes of subsection (a)(1). (3) Applicability (A) In general Subject to subparagraph (B) and subsection (d), the Administrator shall establish requirements relating to the diameter, flow volume, and operating pressure at which the operator of a pipeline located in a high consequence area shall be required to implement a particular technology or combination of technologies described in paragraph (1) or an alternative protection established under paragraph (2) with respect to the pipeline. (B) Requirement In establishing requirements relating to diameter, flow volume, and operating pressure under subparagraph (A), the Administrator shall ensure that each operator described in subsection (a)(1) is required to implement at least 1 technology described in paragraph (1) or 1 alternative protection established under paragraph (2) with respect to each pipeline of the operator that is located in a high consequence area. (4) Risk analysis (A) In general Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, each operator of a pipeline described in subsection (a)(1) shall submit to the Administrator a risk analysis with respect to the pipeline. (B) Requirement A risk analysis submitted under subparagraph (A) shall include a description of the technology that, in the assessment of the operator and in light of the risks identified in that risk analysis, is the best available technology for— (i) monitoring and shutting off the applicable pipeline; and (ii) isolating any release in the event of a leak or spill. (C) Determination of best available technology In making a determination of the best available technology for monitoring and shutting off each pipeline described in subsection (a)(1), the Administrator shall consider the risk analysis submitted by the operator of the pipeline under this paragraph. (c) Requirement The Administrator shall establish a process for determining whether an operator described in subsection (a)(1) has complied with the regulations promulgated under that subsection, including a process for determining whether the technology used by the operator is the best available technology for— (1) monitoring each applicable pipeline of the operator; (2) shutting off each applicable pipeline of the operator; and (3) isolating any releases from each applicable pipeline of the operator in the event of a leak or spill. (d) Exemptions (1) Compliance deadlines The Administrator may grant to an operator described in subsection (a)(1) an exemption from a compliance deadline established under this section if the operator— (A) submits to the Administrator a request for an exemption from the deadline; and (B) demonstrates to the satisfaction of the Administrator that more time is needed to comply with the requirement to which the deadline relates. (2) Monitoring requirements (A) In general The Administrator may grant to an operator described in subsection (a)(1) an exemption from a monitoring requirement established under this section if the operator— (i) submits to the Administrator a request for an exemption from the monitoring requirement; and (ii) demonstrates to the satisfaction of the Administrator that complying with the monitoring requirement or installing the best available technology for the applicable monitoring is not economically, technically, or operationally feasible. (B) Alternative compliance The Administrator shall require an operator receiving a waiver under subparagraph (A) to implement an alternative method of protection determined to be appropriate by the Administrator with respect to limiting the quantity of release in the event of a leak or spill. (C) Application A waiver under subparagraph (A) shall not apply to any applicable requirement to implement the best available technology for— (i) shutting off a pipeline once the operator is aware of a leak or spill; or (ii) isolating any release from a leak or spill of which the operator is aware. 6. Acceptance of gifts and bequests by the Under Secretary of Commerce for Oceans and Atmosphere (a) Authority The Under Secretary may accept, hold, administer, and utilize gifts and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the National Oceanic and Atmospheric Administration or the Center, including by carrying out research related to the Center and the impacts of oil spills in freshwater environments such as the Great Lakes Basin. (b) Separate fund; disbursements Gifts and bequests of money described in subsection (a) and the proceeds from sales of other property received as gifts or bequests under that subsection shall be— (1) deposited in the Treasury in a separate fund; and (2) available to the Under Secretary for the purposes described in subsection (a) without further appropriation. (c) Scientific excellence and scientific integrity In carrying out any activity using a gift or bequest described in subsection (a) or the proceeds of a sale of property received as a gift or bequest under that subsection, the Under Secretary shall— (1) ensure a continuing culture of scientific excellence and scientific integrity intended to strengthen confidence in the quality, validity, and reliability of science administered by the National Oceanic and Atmospheric Administration; and (2) abide by the scientific integrity policy of the National Oceanic and Atmospheric Administration. (d) Coordination The Under Secretary and the Commandant of the Coast Guard shall coordinate activities described in subsection (c)— (1) to optimize data collection, sharing, and integration; and (2) to minimize duplication. (e) Clarification Nothing in this section affects the application of United States copyright law. | https://www.govinfo.gov/content/pkg/BILLS-117s4248is/xml/BILLS-117s4248is.xml |
117-s-4249 | II 117th CONGRESS 2d Session S. 4249 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To create a point of order against legislation making nondefense discretionary appropriations that would increase the deficit during a period of high inflation.
1. Point of order in the Senate against legislation making nondefense discretionary appropriations that would increase the deficit during a period of high inflation (a) Point of order It shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report making appropriations for the revised nonsecurity category (as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) )) that, if enacted, would increase the deficit over the period of current fiscal year, the budget year, and the ensuing 9 fiscal years following the budget year if the annualized change in the most recently monthly report on the Consumer Price Index for All-Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor is not less than 3 percent. (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). (c) Effective date This section shall apply on and after July 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4249is/xml/BILLS-117s4249is.xml |
117-s-4250 | II 117th CONGRESS 2d Session S. 4250 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To create a point of order against legislation making nondefense discretionary appropriations that would increase the deficit during a period of high inflation.
1. Point of order in the Senate against legislation making nondefense discretionary appropriations that would increase the deficit during a period of high inflation (a) Point of order It shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report making appropriations for the revised nonsecurity category (as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) )) that, if enacted, would increase the deficit over the period of current fiscal year, the budget year, and the ensuing 9 fiscal years following the budget year if the annualized change in the most recently monthly report on the Consumer Price Index for All-Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor is not less than 8 percent. (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). (c) Effective date This section shall apply on and after July 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4250is/xml/BILLS-117s4250is.xml |
117-s-4251 | II 117th CONGRESS 2d Session S. 4251 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To create a point of order against legislation making nondefense discretionary appropriations that would increase the deficit during a period of high inflation.
1. Point of order in the Senate against legislation making nondefense discretionary appropriations that would increase the deficit during a period of high inflation (a) Point of order It shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report making appropriations for the revised nonsecurity category (as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) )) that, if enacted, would increase the deficit over the period of current fiscal year, the budget year, and the ensuing 9 fiscal years following the budget year if the annualized change in the most recently monthly report on the Consumer Price Index for All-Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor is not less than 12 percent. (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). (c) Effective date This section shall apply on and after July 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4251is/xml/BILLS-117s4251is.xml |
117-s-4252 | II 117th CONGRESS 2d Session S. 4252 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To terminate duties and other restrictions on the importation of infant formula, and for other purposes.
1. Short title This Act may be cited as the Freedom to Import Infant Formula Act of 2022 . 2. Termination of duties and other restrictions on importation of infant formula (a) Duty-Free treatment of infant formula On and after the date of the enactment of this Act, infant formula classified under heading 1901.10 of the Harmonized Tariff Schedule of the United States shall enter the United States free of duty and free of quantitative limitation. (b) Importation of infant formula legal for sale in certain countries (1) In general Notwithstanding any other provision of law, with respect to infant formula from a country described in paragraph (2)— (A) U.S. Customs and Border Protection may not seize or otherwise enforce restrictions on the importation of such formula if such formula would meet the legal requirements for sale in that country; and (B) such formula is deemed to be in compliance with the requirements under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ). (2) Country described A country described in this paragraph is any of the following: (A) Australia. (B) Canada. (C) Israel. (D) Japan. (E) New Zealand. (F) The United Kingdom. (G) A member country of the European Union. (H) A member country of the European Economic Area. (c) Infant formula defined In this section, the term infant formula has the meaning given that term in section 201(z) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(z) ). | https://www.govinfo.gov/content/pkg/BILLS-117s4252is/xml/BILLS-117s4252is.xml |
117-s-4253 | II 117th CONGRESS 2d Session S. 4253 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Romney (for himself, Mr. Burr , Mr. Scott of South Carolina , Mr. Cassidy , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the mass cancellation of student loans.
1. Short title This Act may be cited as the Student Loan Accountability Act . 2. Findings Congress finds the following: (1) Congress does not hide elephants in mouseholes; statutory authority has not been provided to the executive branch of the Federal Government to cancel student loans on a mass scale. (2) Through strained readings of statute, liberal interest groups assert that a mass cancellation event would be legal. (3) It is unfair for taxpayers who paid student loans or did not attend college to pay for those who chose to take student loans. 3. Prohibition on mass cancellation of student loans (a) Prohibition (1) In general Notwithstanding any other provision of law, the Secretary of Education, the Secretary of the Treasury, or the Attorney General shall not take any action to cancel or forgive the outstanding balances, or portion of balances, of covered loans, except as provided in paragraph (2). (2) Exemption The prohibition described in paragraph (1) shall not apply to targeted Federal student loan forgiveness, cancellation, or repayment programs carried out under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), under final regulations as in effect on May 11, 2022. (b) Definitions In this section, the term covered loan means— (1) a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. ; 1087a et seq.; 1087aa et seq.) before, on, or after the date of enactment of this Act; or (2) a loan under the Health Education Assistance Loan Program under title VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ) made before, on, or after the date of enactment of this Act. (c) Limitation The Secretary of Education, the Secretary of the Treasury, or the Attorney General may not implement, or publish in any form, any regulation, or take any action, that modifies, alters, amends, cancels, discharges, forgives, or defers the repayment of any student debt not expressly permitted within statute or regulation as in effect on March 12, 2020, regarding covered loans, except to the extent that such regulation or action reflects the clear and unequivocal intent of Congress in legislation. | https://www.govinfo.gov/content/pkg/BILLS-117s4253is/xml/BILLS-117s4253is.xml |
117-s-4254 | II 117th CONGRESS 2d Session S. 4254 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Grassley (for himself, Mr. Peters , Mr. Sasse , Mr. Durbin , Mr. Cornyn , Ms. Hassan , 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 the Lobbying Disclosure Act of 1995 to clarify a provision relating to certain contents of registrations under that Act.
1. Short title This Act may be cited as the Disclosing Foreign Influence in Lobbying Act . 2. Clarification of contents of registration Section 4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended— (1) in paragraph (6), by striking and at the end; and (2) in paragraph (7), by striking the offense. and inserting the following: the offense; and (8) notwithstanding paragraph (4), the name and address of each government of a foreign country (including any agency or subdivision of a foreign government, such as a regional or municipal unit of government) and foreign political party, other than the client, that participates in the direction, planning, supervision, or control of any lobbying activities of the registrant. . | https://www.govinfo.gov/content/pkg/BILLS-117s4254is/xml/BILLS-117s4254is.xml |
117-s-4255 | II 117th CONGRESS 2d Session S. 4255 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Durbin (for himself, Ms. Baldwin , Mr. Brown , Ms. Cantwell , Mr. Carper , Ms. Duckworth , Ms. Klobuchar , Mr. Schatz , Mr. Warnock , Mr. Murphy , Mr. Blumenthal , Mrs. Feinstein , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize dedicated domestic terrorism offices within the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation to analyze and monitor domestic terrorist activity and require the Federal Government to take steps to prevent domestic terrorism.
1. Short title This Act may be cited as the Domestic Terrorism Prevention Act of 2022 . 2. Definitions In this Act— (1) the term Director means the Director of the Federal Bureau of Investigation; (2) the term domestic terrorism has the meaning given the term in section 2331 of title 18, United States Code; (3) the term Domestic Terrorism Executive Committee means the committee within the Department of Justice tasked with assessing and sharing information about ongoing domestic terrorism threats; (4) the term hate crime incident means an act described in section 241, 245, 247, or 249 of title 18, United States Code, or in section 901 of the Civil Rights Act of 1968 ( 42 U.S.C. 3631 ); (5) the term Secretary means the Secretary of Homeland Security; and (6) the term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code. 3. Offices to combat domestic terrorism (a) Authorization of offices To monitor, analyze, investigate, and prosecute domestic terrorism (1) Domestic terrorism unit There is authorized a Domestic Terrorism Unit in the Office of Intelligence and Analysis of the Department of Homeland Security, which shall be responsible for monitoring and analyzing domestic terrorism activity. (2) Domestic terrorism office There is authorized a Domestic Terrorism Office in the Counterterrorism Section of the National Security Division of the Department of Justice— (A) which shall be responsible for investigating and prosecuting incidents of domestic terrorism; (B) which shall be headed by the Domestic Terrorism Counsel; and (C) which shall coordinate with the Civil Rights Division on domestic terrorism matters that may also be hate crime incidents. (3) Domestic terrorism section of the FBI There is authorized a Domestic Terrorism Section within the Counterterrorism Division of the Federal Bureau of Investigation, which shall be responsible for investigating domestic terrorism activity. (4) Staffing The Secretary, the Attorney General, and the Director shall each ensure that each office authorized under this section in their respective agencies shall— (A) have an adequate number of employees to perform the required duties; (B) have not less than one employee dedicated to ensuring compliance with civil rights and civil liberties laws and regulations; and (C) require that all employees undergo annual anti-bias training. (5) Sunset The offices authorized under this subsection shall terminate on the date that is 10 years after the date of enactment of this Act. (b) Joint report on domestic terrorism (1) Biannual report required Not later than 180 days after the date of enactment of this Act, and each 6 months thereafter for the 10-year period beginning on the date of enactment of this Act, the Secretary of Homeland Security, the Attorney General, and the Director of the Federal Bureau of Investigation shall submit a joint report authored by the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) to— (A) the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Contents Each report submitted under paragraph (1) shall include— (A) an assessment of the domestic terrorism threat posed by White supremacists and neo-Nazis, including White supremacist and neo-Nazi infiltration of Federal, State, and local law enforcement agencies and the uniformed services; and (B) (i) in the first report, an analysis of incidents or attempted incidents of domestic terrorism that have occurred in the United States since April 19, 1995, including any White-supremacist-related incidents or attempted incidents; and (ii) in each subsequent report, an analysis of incidents or attempted incidents of domestic terrorism that occurred in the United States during the preceding 6 months, including any White-supremacist-related incidents or attempted incidents; (C) a quantitative analysis of domestic terrorism for the preceding 6 months, including— (i) the number of— (I) domestic terrorism related assessments initiated by the Federal Bureau of Investigation, including the number of assessments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; (II) domestic terrorism-related preliminary investigations initiated by the Federal Bureau of Investigation, including the number of preliminary investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many preliminary investigations resulted from assessments; (III) domestic terrorism-related full investigations initiated by the Federal Bureau of Investigation, including the number of full investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many full investigations resulted from preliminary investigations and assessments; (IV) domestic terrorism-related incidents, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, the number of deaths and injuries resulting from each incident, and a detailed explanation of each incident; (V) Federal domestic terrorism-related arrests, including the number of arrests from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each arrest; (VI) Federal domestic terrorism-related indictments, including the number of indictments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each indictment; (VII) Federal domestic terrorism-related prosecutions, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each prosecution; (VIII) Federal domestic terrorism-related convictions, including the number of convictions from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each conviction; and (IX) Federal domestic terrorism-related weapons recoveries, including the number of each type of weapon and the number of weapons from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; and (ii) an explanation of each individual case that progressed through more than 1 of the stages described under clause (i)— (I) including the specific classification or subcategory for each case; and (II) not including personally identifiable information not otherwise releasable to the public; and (D) certification that each of the assessments and investigations described under subparagraph (C) are in compliance with all applicable civil rights and civil liberties laws and regulations. (3) Hate crimes In compiling a joint report under this subsection, the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall, in consultation with the Civil Rights Division of the Department of Justice and the Civil Rights Unit of the Federal Bureau of Investigation, review each Federal hate crime charge and conviction during the preceding 6 months to determine whether the incident also constitutes a domestic terrorism-related incident. (4) Classification and public release Each report submitted under paragraph (1) shall be— (A) unclassified, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public websites of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. (5) Nonduplication If two or more provisions of this subsection or any other law impose requirements on an agency to report or analyze information on domestic terrorism that are substantially similar, the agency may produce one report that complies with each such requirement as fully as possible. (c) Domestic terrorism executive committee There is authorized a Domestic Terrorism Executive Committee, which shall meet on a regular basis, and not less regularly than 4 times each year, to coordinate with United States Attorneys and other key public safety officials across the country to promote information sharing and ensure an effective, responsive, and organized joint effort to combat domestic terrorism. (d) Focus on greatest threats The domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall focus their limited resources on the most significant domestic terrorism threats, as determined by the number of domestic terrorism-related incidents from each category and subclassification in the joint report for the preceding 6 months required under subsection (b). 4. Training to combat domestic terrorism (a) Required training and resources The Secretary, the Attorney General, and the Director shall review the anti-terrorism training and resource programs of their respective agencies that are provided to Federal, State, local, and Tribal law enforcement agencies, including the State and Local Anti-Terrorism Program that is funded by the Bureau of Justice Assistance of the Department of Justice, and ensure that such programs include training and resources to assist State, local, and Tribal law enforcement agencies in understanding, detecting, deterring, and investigating acts of domestic terrorism and White supremacist and neo-Nazi infiltration of law enforcement and corrections agencies. The Attorney General shall make training available to Department prosecutors and to Assistant United States Attorneys on countering and prosecuting domestic terrorism. The domestic-terrorism training shall focus on the most significant domestic terrorism threats, as determined by the quantitative analysis in the joint report required under section 3(b). (b) Requirement Any individual who provides domestic terrorism training required under this section shall have— (1) expertise in domestic terrorism; and (2) relevant academic, law enforcement, or other community-based experience in matters related to domestic terrorism. (c) Report (1) In general Not later than 6 months after the date of enactment of this Act and twice each year thereafter, the Secretary, the Attorney General, and the Director shall each submit a biannual report to the committees of Congress described in section 3(b)(1) on the domestic terrorism training implemented by their respective agencies under this section, which shall include copies of all training materials used and the names and qualifications of the individuals who provide the training. (2) Classification and public release Each report submitted under paragraph (1) shall— (A) be unclassified, to the greatest extent possible, with a classified annex only if necessary; (B) in the case of the unclassified portion of each report, be posted on the public website of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation; and (C) include the number of Federal incidents, investigations, arrests, indictments, prosecutions, and convictions with respect to a false report of domestic terrorism or hate crime incident. 5. Interagency task force (a) In general Not later than 180 days after the date of enactment of this Act, the Attorney General, the Director, the Secretary, and the Secretary of Defense shall establish an interagency task force to analyze and combat White supremacist and neo-Nazi infiltration of the uniformed services and Federal law enforcement agencies. (b) Report (1) In general Not later than 1 year after the interagency task force is established under subsection (a), the Attorney General, the Secretary, and the Secretary of Defense shall submit a joint report on the findings of the task force and the response of the Attorney General, the Secretary, and the Secretary of Defense to such findings, to— (A) the Committee on the Judiciary of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Armed Services of the Senate; (E) the Committee on the Judiciary of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; and (H) the Committee on Armed Services of the House of Representatives. (2) Classification and public release The report submitted under paragraph (1) shall be— (A) submitted in unclassified form, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public website of the Department of Defense, the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. 6. Federal support for addressing hate crime incidents with a nexus to domestic terrorism (a) Community Relations Service The Community Relations Service of the Department of Justice, authorized under section 1001(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000g ), may offer the support of the Service to communities where the Department of Justice has brought charges in a hate crime incident that has a nexus to domestic terrorism. (b) Federal Bureau of Investigation Section 249 of title 18, United States Code, is amended by adding at the end the following: (f) Federal Bureau of Investigation The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall assign a special agent or hate crimes liaison to each field office of the Federal Bureau of Investigation to investigate hate crimes incidents with a nexus to domestic terrorism (as such term is defined in section 2 of the Domestic Terrorism Prevention Act of 2022 ). . 7. Rule of construction Nothing in this Act, or any amendment made by this Act, may be construed to authorize the infringement or violation of any right protected under the First Amendment to the Constitution of the United States or an applicable provision of Federal law. 8. Authorization of appropriations There are authorized to be appropriated to the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, and the Department of Defense such sums as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4255is/xml/BILLS-117s4255is.xml |
117-s-4256 | II 117th CONGRESS 2d Session S. 4256 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Casey (for himself, Mr. Brown , Ms. Duckworth , Mrs. Gillibrand , and Ms. Warren ) 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 prevent food shortages, including shortages of infant formula and certain medical foods.
1. Short title This Act may be cited as the Protecting Infants from Formula Shortages Act of 2022 . 2. Discontinuance or interruption in the production of essential sources of nutrition (a) Discontinuance or interruption in the production of essential food The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 412 ( 21 U.S.C. 350a ) the following new section: 412A. Discontinuance or interruption in the production of food, including infant formula and certain medical foods for inborn errors of metabolism (a) In general A manufacturer of an essential source of nutrition shall notify the Secretary, in accordance with subsection (b), of a permanent discontinuance in the manufacture of such food or an interruption of the manufacture of an essential source of nutrition or any other circumstance that is likely to lead to a meaningful disruption in the supply of such food in the United States, and the reasons for such discontinuance or interruption. (b) Timing Except as provided in subsection (g), a notice required under subsection (a) shall be submitted to the Secretary— (1) at least 6 months prior to the date of the discontinuance or interruption; or (2) if compliance with paragraph (1) is not possible, as soon as practicable. (c) Distribution To the maximum extent practicable, the Secretary shall distribute, to the Secretary of Agriculture and to appropriate organizations, as determined by the Secretary, through such means as the Secretary determines appropriate, information on the discontinuance or interruption of the manufacture of an essential source of nutrition, or other circumstance, reported under subsection (a). (d) Confidentiality Nothing in this section authorizes the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code. (e) Failure To meet requirements If a person fails to submit information required under subsection (a) in accordance with subsection (b)— (1) the Secretary shall issue to such person a letter that— (A) informs such person of the failure to comply; (B) describes the basis for noncompliance; and (C) requires the person to comply not later than 30 calendar days after the date on which the letter was issued; (2) not later than 30 calendar days after the issuance of a letter under paragraph (1), the person who receives such letter shall submit to the Secretary a written response to such letter that provides the information required under subsection (a); and (3) not later than 45 calendar days after the issuance of a letter under paragraph (1), the Secretary shall make such letter and any response to such letter under paragraph (2) available to the public on the website of the Food and Drug Administration, with appropriate redactions made to protect information described in subsection (d), except that, if the Secretary determines that the letter under paragraph (1) was issued in error or, after review of such response, the person had a reasonable basis for not notifying as required under subsection (a), the requirements of this paragraph shall not apply. (f) Regulations (1) In general Not later than 1 year after the date of enactment of the Protecting Infants from Formula Shortages Act of 2022 , the Secretary shall promulgate regulations regarding the requirements under this section. (2) Contents Such regulations— (A) shall include a list of each category of food for which a manufacturer is required to notify the Secretary in accordance with subsection (a); and (B) may— (i) designate foods not otherwise defined as an essential source of nutrition, giving special consideration to foods— (I) upon which individuals with certain diseases or conditions may be particularly reliant; or (II) that are administered under medical supervision; (ii) designate additional categories of foods for which the Secretary determines notification described in subsection (a) is appropriate during a public health emergency declared under section 319 of the Public Health Service Act; and (iii) prescribe additional conditions on the timing and manner of such notifications as are reasonable and appropriate during such a public health emergency. (g) Order During a public health emergency declared under section 319 of the Public Health Service Act, the Secretary may order any manufacturer of an essential source of nutrition to provide notification required by this section. Such order may— (1) impose additional conditions on the timing and manner of notification as are reasonable and appropriate in light of the circumstances of the public health emergency; and (2) designate additional categories of food for which the Secretary determines notification is appropriate during the public health emergency. (h) Risk management plans Each manufacturer of an essential source of nutrition shall develop, maintain, and, as appropriate, implement a redundancy risk management plan that identifies and evaluates risks to the supply of the food, as applicable, for each establishment in which such food is manufactured. A risk management plan under this subsection— (1) may identify and evaluate risks to the supply of more than one food, or food category, manufactured at the same establishment; and (2) shall be subject to inspection and copying by the Secretary pursuant to section 704 or at the request of the Secretary. (i) Definitions In this section: (1) Essential source of nutrition The term essential source of nutrition means— (A) an infant formula; (B) a food that— (i) meets the definition of medical food in section 5(b) of the Orphan Drug Act; and (ii) is intended for use by individuals with— (I) certain inborn errors of metabolism; or (II) other conditions requiring a medical food, as determined by the Secretary in guidance issued under subsection (f); or (C) a food so designated pursuant to subsection (f). (2) Meaningful disruption The term meaningful disruption — (A) means a change in production that is reasonably likely to lead to a reduction in the supply of an essential source of nutrition by a manufacturer that is more than negligible and affects the ability of the manufacturer to fulfill contractual obligations or meet expected demand for its product; and (B) does not include interruptions in manufacturing due to matters such as routine maintenance or insignificant changes in manufacturing so long as the manufacturer expects to resume operations in a short period of time. . (b) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following new subsection: (fff) The failure to provide information as required under section 412A after receipt of a letter from the Secretary under subsection (e) of such section. . 3. Remote records assessment for essential sources of nutrition (a) Factory inspection Section 704(a)(4)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374(a)(4)(A) ) is amended in the first sentence by inserting or the manufacturing, processing, packing, or holding of an essential source of nutrition (as defined in section 412A) after processing of a drug . (b) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall promulgate regulations describing circumstances in which the Secretary may issue requests for records or other information in advance of, or in lieu of, an inspection pursuant to section 704(a)(4)(A) of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), processes for responding to such requests electronically or in physical form, and factors the Secretary may consider in evaluating whether such records are provided within a reasonable timeframe, within reasonable limits, and in a reasonable manner, accounting for resource and other limitations that may exist, including for small businesses. | https://www.govinfo.gov/content/pkg/BILLS-117s4256is/xml/BILLS-117s4256is.xml |
117-s-4257 | II 117th CONGRESS 2d Session S. 4257 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Ms. Stabenow (for herself, Mr. Boozman , Mr. Leahy , Mr. Hoeven , Mr. Brown , Mr. Marshall , Ms. Klobuchar , Mrs. Capito , Mr. Bennet , Mr. Tillis , Mrs. Gillibrand , Ms. Collins , Ms. Smith , Mr. Grassley , Mr. Booker , Mrs. Fischer , Mr. Warnock , Mr. Cornyn , Mr. Casey , Mr. Luján , Mr. Durbin , Ms. Hassan , Ms. Duckworth , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to establish requirements for infant formula cost containment contracts, and for other purposes.
1. Short title This Act may be cited as the Access to Baby Formula Act of 2022 . 2. Infant formula requirements Section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) is amended— (1) in subsection (b), by adding at the end the following: (24) Supply chain disruption The term supply chain disruption means a shortage of supplemental foods that impedes the redemption of food instruments, as determined by the Secretary. ; (2) in subsection (h)(8), by adding at the end the following: (L) Infant formula cost containment contract requirements (i) In general Not later than 120 days after the date of enactment of this subparagraph, the Secretary shall issue an interim final rule to require that each infant formula cost containment contract entered into between a State and an infant formula manufacturer on or after the effective date of the interim final rule includes remedies in the event of an infant formula recall, including how an infant formula manufacturer will protect against disruption to program participants in the State. (ii) Rebates In the case of an infant formula recall, an infant formula manufacturer contracted to provide infant formula under this section shall comply with the contract requirements under clause (i). (iii) Regulations The Secretary shall promulgate regulations to carry out this subparagraph— (I) pursuant to section 808(2) of title 5, United States Code; and (II) that shall be carried out without regard to chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (M) Memorandum of understanding Not later than 30 days after the date of enactment of this subparagraph, the Secretary shall ensure that there is a memorandum of understanding that establishes procedures to promote coordination and information sharing between the Department of Agriculture and the Department of Health and Human Services regarding any supply chain disruption, including a supplemental food recall. ; and (3) by adding at the end the following: (r) Emergencies and disasters (1) Definitions In this subsection: (A) Emergency period The term emergency period means a period during which there is— (i) 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 ); (ii) a renewal of a public health emergency described in clause (i) pursuant to section 319 of that Act ( 42 U.S.C. 247d ); (iii) 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 ); or (iv) 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 ). (B) Qualified administrative requirement The term qualified administrative requirement means— (i) a requirement under this section; and (ii) any regulatory requirement promulgated pursuant to this section. (2) Modification or waiver of requirements Notwithstanding any other provision of law, during an emergency period, the Secretary may modify or waive any qualified administrative requirement for a State agency if— (A) the qualified administrative requirement cannot be met by the State agency during any portion of the emergency period due to the conditions that prompted the emergency period; and (B) the modification or waiver of the qualified administrative requirement— (i) is necessary to provide assistance to participants of the program established by this section; and (ii) does not substantially weaken the nutritional quality of supplemental foods provided under the program. (3) Duration A modification or waiver under paragraph (2) shall be in effect for a period determined by the Secretary, but not later than 60 days after the end of the applicable emergency period. (s) Product recalls and supply chain disruptions (1) Definition of qualified administrative requirement In this subsection, the term qualified administrative requirement has the meaning given the term in subsection (r)(1). (2) Modification or waiver of requirements Notwithstanding any other provision of law, in order to address a supplemental food product recall or supply chain disruption, the Secretary may modify or waive a qualified administrative requirement to allow 1 or more State agencies— (A) to permit vendors authorized to participate in the program under this section to exchange or substitute authorized supplemental foods obtained with food instruments with food items that are not identical (including in brand and size); (B) to modify or waive any requirement with respect to medical documentation for the issuance of noncontract brand infant formula, except the requirements for participants receiving Food Package III (as defined in section 246.10(e)(3) of title 7, Code of Federal Regulations (as in effect on the date of enactment of this subsection)); (C) to modify or waive the maximum monthly allowance for infant formula; (D) to modify or waive any additional requirement with respect to supplemental food products provided under the program under this section if the modification or waiver— (i) may facilitate increased access to those products; (ii) does not substantially weaken the nutritional quality of those products; and (iii) is in accordance with any applicable guidance or directive from the Administrator of Food and Drugs determined to be applicable by the Secretary. (3) Duration A modification or waiver under paragraph (2)— (A) may be— (i) available for a period of not more than 45 days, to begin on a date determined by the Secretary; and (ii) renewed, subject to the condition that the Secretary shall provide notice of the renewal not less than 15 days before the renewal shall take effect; and (B) shall not be available after the date that is 60 days after the supplemental food product recall or supply chain disruption for which the modification or waiver is established ceases to exist. . | https://www.govinfo.gov/content/pkg/BILLS-117s4257is/xml/BILLS-117s4257is.xml |
117-s-4258 | II 117th CONGRESS 2d Session S. 4258 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Lee (for himself, Ms. Klobuchar , Mr. Cruz , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent conflicts of interest and promote competition in the sale and purchase of digital advertising.
1. Short title This Act may be cited as the Competition and Transparency in Digital Advertising Act . 2. Digital advertising trading transparency and competition The Clayton Act ( 15 U.S.C. 12 et seq. ) is amended by inserting after section 8 ( 15 U.S.C. 19 ) the following: 8A. Competition and transparency in digital advertising (a) Definitions In this section: (1) Brokerage customer The term brokerage customer means a person who has purchased or sold digital advertisements, or directly related goods or services, through a buy-side brokerage or a sell-side brokerage. (2) Buy-side brokerage The term buy-side brokerage means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for other buyers. (3) Digital advertisement The term digital advertisement means an advertisement that is served electronically over a computer network, including the internet. (4) Digital advertising exchange The term digital advertising exchange means a person who constitutes, maintains, or provides a marketplace for or facilitates bringing together buyers and 1 or more sellers of digital advertisements, or for otherwise performing with respect to digital advertising the functions commonly performed by a digital advertising marketplace. (5) Digital advertising revenue The term digital advertising revenue means the greater of— (A) global revenue derived from or directly related to the operation of a digital advertising exchange, a buy-side brokerage, or a sell-side brokerage; or (B) the greater of— (i) the sum of the clearing prices of all digital advertisements bought or sold from or through a digital advertising exchange; (ii) the total value of the gross advertising spending managed by a buy-side brokerage; or (iii) the total value of the gross advertising sales managed by a sell-side brokerage. (6) Divestiture deadline The term divestiture deadline means the later of— (A) 30 days after the date on which the Attorney General approves or denies a required divestiture; or (B) 30 days after the expiration of any applicable waiting period under section 7A. (7) Effective date The term effective date means the date that is 1 year after the date of enactment of this section. (8) Own The term own means to own, operate, or control, directly or indirectly, in whole or in part. (9) Person The term person includes— (A) any subsidiary of an entity; and (B) any corporate parent of an entity. (10) Required divestiture The term required divestiture — (A) means a divestiture, sale, or other transaction undertaken to comply with any provision of this Act; and (B) does not include any action required by a court of the United States. (11) Sell-side brokerage The term sell-side brokerage means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for other sellers. (12) Third-party The term third-party means, for each person subject to this Act, an entity that— (A) neither owns nor is owned by that person; and (B) is not affiliated with the person through direct or indirect ownership or control. (b) Prohibitions No person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may, after the effective date— (1) own a digital advertising exchange if that person owns either a sell-side brokerage or a buy-side brokerage, or is a seller of digital advertising space; (2) own a sell-side brokerage if that person owns a buy-side brokerage; or (3) own a buy-side brokerage or a sell-side brokerage if that person is also a buyer or seller of digital advertising space. (c) Requirements Any person with more than $5,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year shall be subject to, as of the effective date, the following requirements: (1) Best interest duty A buy-side brokerage or sell-side brokerage shall, in the course of providing services as a brokerage, use reasonable diligence, care, and skill to act in the best interests of their brokerage customers, and may not put their own interests ahead of those of their brokerage customers. (2) Best execution duty A buy-side brokerage or sell-side brokerage shall seek the most favorable terms reasonably available under the circumstances for each order transaction of the brokerage customer. (3) Transparency requirements (A) In general Upon written request from a brokerage customer, a buy-side brokerage or sell-side brokerage shall supply to that brokerage customer, within a reasonable time, information sufficient to permit the brokerage customer to verify compliance of the brokerage with its obligations under paragraphs (1) and (2). (B) Contents The information described in subparagraph (A) shall include, if requested and to the extent such information is collected by the brokerage in the ordinary course of business— (i) in the case of a sell-side brokerage providing information to a sell-side brokerage customer— (I) a unique and persistent identifier that identifies each unique digital advertising space for sale; (II) for each identifier described in subclause (I), all bids received, and, for each bid received, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, the winning price, the uniform resource locator or other property identifier at the lowest level of granularity, the identity of the digital advertising exchange or other digital advertising venue returning the bid, date, time that the bid response was received in microseconds or a lower level of granularity, web domain associated with the advertising creative, the advertising creative size and format, and whether the bid won the seller’s impression; (III) the nature of any data collected or derived from the brokerage customer or any user or customer of the brokerage customer, and the ways in which that data is used by the sell-side brokerage; (IV) the order or bid routing practices or processes, including any material exceptions to the standard practice of the brokerage; and (V) the source and nature of any compensation paid or received in connection with transactions; and (ii) in the case of a buy-side brokerage providing information to a buy-side brokerage customer— (I) all bids won by the buy-side brokerage customer, and for each bid won, the maximum allowed bid of the advertiser, if any, the uniform resource locator or other property identifier at the lowest level of granularity, date, the digital advertising exchange, the web domain associated with the advertising creative, the advertising creative size and format, the winning price, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, and, if possible, whether the ad served and whether the ad rendered; (II) the order or bid routing practices or processes; and (III) the source and nature of any compensation paid or received in connection with transactions. (C) Retention of records Brokerages shall retain the records specified in subparagraph (B), where applicable and when collected in the ordinary course of business, until provided to a requesting brokerage customer but not longer than 90 days. Brokerages shall retain billing information for their brokerage customers for not fewer than 12 months. (D) User privacy (i) In general When providing information to a brokerage customer in response to a request authorized by subparagraph (A), the brokerage shall, to the greatest extent possible consistent with the purpose of subparagraph (A), anonymize, hash, or otherwise render the information incapable of being tied to an individual web user. (ii) Prohibiting tracking A brokerage customer may not use data or information received in response to a request made under subparagraph (A) for any purpose other than— (I) verifying compliance of a brokerage with its obligations under paragraphs (1) and (2); or (II) bringing an action under subsection (d)(3). (4) Firewalls (A) Buy-side and sell-side brokerages Buy-side brokerages and sell-side brokerages shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure compliance with the obligations under this subsection. (B) Other persons Persons not subject to prohibitions under subsection (b) shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure that their buy-side brokerage, sell-side brokerage, digital advertising exchange, and role as a buyer or seller of digital advertising, where applicable, operate separate and independent from one another and transact business at arm’s length. (5) Fair access duty A digital advertising exchange shall provide every buyer and seller in the exchange fair access, including with respect to operations of the exchange, co-location, any technology systems or data, information related to transactions, service, or products offered, exchange processes, and functionality. (6) Time synchronization A digital advertising exchange, buy-side brokerage, or sell-side brokerage shall— (A) synchronize its business clocks at a minimum to within a 2 milliseconds tolerance of the time maintained by the atomic clock of the National Institute of Standards and Technology; and (B) maintain the synchronization described in subparagraph (A). (7) Data ownership All records pertaining to an order solicited or submitted by a brokerage customer, and the subsequent result of that order, shall remain the property of that customer, including any bids solicited from or submitted to any digital advertising exchange, unless the information is otherwise publicly available. (8) Routing practices disclosure (A) In general Every sell-side brokerage and buy-side brokerage shall— (i) make publicly available for each calendar quarter a report on the order routing practices of the sell-side brokerage or buy-side brokerage, as applicable, for digital advertisements during that quarter broken down by calendar month; and (ii) retain the report described in clause (i) posted on an internet website that is free and readily accessible to the public for 3-year period beginning on the date on which the report is posted. (B) Format Reports made available pursuant to subparagraph (A) shall— (i) be rendered in a format that makes the reports readily informative to the average brokerage customer; and (ii) include for the 10 venues to which the largest number of total bid requests or bid responses were routed for execution and for any venue to which 5 percent or more of bid requests or bid responses were routed for execution— (I) the total number of bids routed; (II) the total number of bids executed; (III) the fill rate of bids; (IV) the average net execution fee or rebate per 1,000 impressions; (V) the average time in milliseconds between when a bid request is sent and when a bid response is received; and (VI) the value and form of any compensation given in exchange for routing or execution. (9) Certification A digital advertising exchange, buy-side brokerage, or sell-side brokerage shall certify to the Attorney General on an annual basis that the digital advertising exchange has complied with the requirements under this subsection. (d) Enforcement (1) Attorney general and state attorneys general (A) In general The Attorney General and State attorneys general may bring an action on behalf of persons in the United States injured in their business or property by reason of any violation of this Act in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall— (i) in a case brought by the Attorney General or a State attorney general, be entitled to injunctive relief; and (ii) in a case brought by the Attorney General, recover damages sustained by such persons. (B) Damages (i) In general The court may award under this subsection, pursuant to a motion by the Attorney General promptly made, simple interest on actual damages in accordance with the requirements under subparagraph (A). (ii) No duplicative award A court may not award any damages under this subparagraph that are duplicative of damages awarded before the date of the award under this subparagraph in a separate civil action pertaining to the same conduct and injured party. (iii) Payments A court awarding damages to a person in a civil action after the date of an award of damages under this subsection that would be duplicative of damages awarded to the Attorney General on behalf of the person shall direct that such damages shall first be paid by the Attorney General from amounts in the Fund and, to the extent such damages are not fully paid from amounts in the Fund, shall be paid by the defendant. (C) Antitrust consumer damages fund (i) In general There is established in the Treasury of the United States a fund to be known as the Antitrust Consumer Damages Fund (in this subsection referred to as the Fund ), which shall consist of amounts deposited under clause (ii). (ii) Deposits and availability Notwithstanding section 3302 of title 31, United States Code, any amounts received by the Attorney General under an award under this subsection— (I) shall be deposited in the Fund; and (II) shall be available to the Attorney General, without further appropriation, for distribution to persons in the United States harmed by the applicable violation of the Sherman Act ( 15 U.S.C. 1 et seq. ). (iii) Deposits into general fund Effective on the day after the date that is 10 years after the date on which an award is received under this paragraph, the unobligated balances in the Fund of amounts that were received under the award are rescinded and shall be deposited in the general fund of the Treasury. (2) Divestiture enforcement The Attorney General may bring an action on behalf of the United States in any district court of the United States in the district in which the defendant resides or is found or has an agent, and may obtain injunctive relief upon showing by a preponderance of the evidence that the defendant has (A) violated a requirement of subsection (e); or (B) undertaken a required divestiture that unnecessarily harms or threatens competition in any market. (3) Private right of action (A) In general A brokerage customer harmed by a knowing violation of subsection (c) by a person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may bring a civil action in an appropriate court to obtain injunctive relief, where appropriate, and recover damages in the amount of the greater of— (i) $1,000,000 for each month in which a violation of this Act occurred and reasonable attorney’s fees; or (ii) actual damages and reasonable attorney’s fees. (B) No class action waiver No person covered by this Act may require a class action waiver for claims under this Act, including for arbitration. (C) Timing A civil action for a violation of subsection (b) may be brought at any time after the later of— (i) the expiration of any applicable divestiture deadline; or (ii) the expiration of the deadline in subsection (e)(1) if no filing has been made. (e) Divestiture (1) Filing Any agreement or other document setting out the terms of a required divestiture shall be filed with the Attorney General not later than the later of— (A) the effective date; or (B) the earlier of— (i) 30 days after the date on which an agreement making a required divestiture under this Act is executed; or (ii) 180 days after meeting the criteria specified in any paragraph of subsection (b). (2) Attorney general review The Attorney General shall approve a required divestiture upon a showing by the person making the divestiture that the terms of the divestiture, including the qualifications of any counter parties thereto, will not unnecessarily harm or threaten competition in any market. (3) Timing (A) In general The Attorney General shall grant or deny approval of a required divestiture, unless agreed to by the parties, no later than the later of— (i) 60 days after receipt of all information obtained pursuant to subparagraph (5); or (ii) 60 days after receipt of the filing made under subparagraph (1). (B) Completion A divestiture shall be completed not later than the divestiture deadline. (4) Guidance The Attorney General shall— (A) not later than 120 days after the date of enactment of this section, issue guidance on the divestiture process under this subsection and the certification requirement under subsection (c)(6); and (B) update the guidance described in subparagraph (A) as the Attorney General determines is appropriate. (5) Compulsory process The Attorney General may request or issue a civil investigative demand under section 3 of the Antitrust Civil Process Act ( 15 U.S.C. 1312 ) for documents from any person involved in a required divestiture to determine the competitive effects of the divestiture. (f) Rules of construction Nothing in this section shall— (1) prohibit a person from— (A) selling their own inventory of advertising space if— (i) the inventory was not acquired solely for the purposes of resale, except to monetize the person’s own content or intellectual property; and (ii) the person does not also assist a third-party in the sale or purchase of advertising space, other than purchasing advertising space from that person; or (B) buying inventory to market the products or services of the person; (2) abridge or supersede any provision of or rules issued pursuant to section 7A; (3) prohibit a person from, consistent with the antitrust laws, entering into a joint venture or other collaboration to prevent harm from spam, fraud, or other forms of abuse in digital advertising; or (4) require the disclosure of information if such disclosure would violate a law of the United States or a foreign country. . | https://www.govinfo.gov/content/pkg/BILLS-117s4258is/xml/BILLS-117s4258is.xml |
117-s-4259 | II 117th CONGRESS 2d Session S. 4259 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Casey (for himself, Mr. Van Hollen , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To create a Council on Emergency Response Protocols to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols in public schools, early child care and education settings, and institutions of higher education, and for other purposes.
1. Short title This Act may be cited as the Promoting Responsible Emergency Protocols for All Students Act of 2022 or the PREP for All Students Act of 2022 . 2. Findings Congress finds the following: (1) The lack of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols for children and youth in public schools, early child care and education settings, and institutions of higher education is not a trivial issue: (A) In 2016, there were 12,032,000 children from ages 3 to 5 enrolled in preprimary education programs, and almost one-quarter of children under the age of 5 are in some form of child care arrangement, including nurseries, child care centers, and preschools. (B) In the 2017–2018 school year— (i) 14 percent of students in grades kindergarten through grade 12 had a disability; and (ii) 11 percent of students in postbaccalaureate programs self-identified as having a disability. (2) As of the date of enactment of this Act, little has been done to integrate specific populations, such as children and youth at various developmental stages or children and youth with disabilities, into emergency preparedness planning. (3) In 2018 alone, there were 108 natural disasters in the United States, including severe thunderstorms, floods, wildfires, droughts, earthquakes, and other extreme weather. (4) During the 16 academic years from 2000 through 2015, there were 85 fatal fires in dormitories, fraternities, sororities, and off-campus housing, resulting in 118 fatalities—an average of approximately 7 per school year. (5) The risks associated with natural and manmade disasters have a disproportionate impact on individuals with disabilities. People with disabilities are 2 to 4 times more likely to die or sustain critical injuries during a disaster than people without disabilities. (6) Technology plays an increasingly vital role in emergency communications but remains largely inaccessible for many individuals with disabilities. (7) The rise of gun violence and gun violence-related deaths has contributed to the expansion of school security technologies and devices. While such technologies and devices have the potential to save lives, they have largely been developed without consideration of the needs of students at various developmental stages or students with disabilities. Thus, there may be inherent biases within these technologies and devices that disadvantage or create bias toward specific populations. (8) As of the date of enactment of this Act, 92 percent of schools nationwide have an active shooter lockdown protocol. More than 1,000,000 elementary-age children experienced a lockdown in the 2017–2018 school year, and among that group, at least 220,000 were in kindergarten or prekindergarten. (9) While the Department of Homeland Security active shooter emergency guidelines recommend that students and personnel in school and early child care and education settings Run, Hide, and Fight , these strategies can exacerbate danger for young children in prekindergarten and child care centers, and can exclude and put at risk students with a wide range of disabilities. (10) At the height of the 2019 novel coronavirus (COVID–19) pandemic, emergency closures of early education centers, elementary schools, secondary schools, and institutions of higher education created great disruptions in learning and cast a light on educational institutions’ lack of preparedness protocols for public health emergencies. (11) During the pandemic, early care and education remains indispensable for the development of children and for millions of health care workers, first responders, educators, and essential personnel, and it is imperative that early care and education centers and schools have emergency preparedness plans to ensure the safety of students and educators. (12) Emergency preparation drills and real-life lockdowns where danger may be external can create undue stress, fear, and trauma in children, youth, employees, and other specific populations in schools, early child care and education settings, and institutions of higher education. (13) Traumatic events have a long-lasting and profound sensory impact on young children, as birth to age 5 is a critical developmental age. Frightening visual stimuli, loud noises, violent movements, and other sensations associated with an unpredictable frightening event, such as in an emergency preparation drill or lockdown, can cause substantial stress. Unlike older children, young children cannot express in words whether they feel afraid, overwhelmed, or helpless, and may have difficulty regulating their behavior and emotions after experiencing trauma. (14) There is an increasing need to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, in public schools, early child care and education settings, and institutions of higher education. 3. Definitions In this Act: (1) ESEA definitions The terms elementary school , local educational agency , paraprofessional , school leader , secondary school , and specialized instructional support personnel have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Accessible The term accessible , when used with respect to an emergency response protocol, means a protocol that— (A) is developed in full compliance with title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ); and (B) accounts for a comprehensive range of disabilities, including children and youth who use nonspeech modes of communication. (3) Council The term Council means the Council on Emergency Response Protocols established under section 4. (4) Culturally aware The term culturally aware , when used with respect to an emergency response protocol, means a protocol that— (A) (i) incorporates the roles of first responder personnel, law enforcement personnel, school resource officers, and other authorities in the communities where the students live and attend school; (ii) takes into account the use and prevalence of firearms in such communities; and (iii) is cognizant of the ways in which African-American students and students of other racial or ethnic minority groups are more likely to face disciplinary action in schools; (B) is designed to be sensitive to and respect cultural differences and differences in customs and worldview; and (C) considers the ways in which certain emergency events have disparate impact on African Americans, Native peoples, and other racial and ethnic minorities. (5) Developmentally appropriate The term developmentally appropriate , when used with respect to an emergency response protocol, means a protocol that is appropriate for children’s ages and physical, social, sensory, and emotional developmental statuses. (6) Disability The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (7) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (8) Trauma-informed The term trauma-informed , when used with respect to an emergency response protocol, means a protocol that— (A) recognizes the prevalence of trauma and the role that trauma plays in the lives of children, youth, and survivors of trauma; (B) considers the physical, psychological, and emotional well-being of individuals during and after an emergency event; and (C) takes an approach that actively combats the traumatization or retraumatization of children, youth, and survivors of trauma. 4. Establishment of Council on Emergency Response Protocols (a) Establishment There is established a Council on Emergency Response Protocols. (b) Composition (1) Chairperson The Secretary of Education, in an expeditious manner, shall appoint an individual who represents one of the categories described in paragraph (2) to serve as a member and chairperson of the Council. (2) Appointed members By not later than 90 days after the date of enactment of this Act, the chairperson of the Council shall appoint a member to the Council for each of the following categories (except for the category represented by the chairperson): (A) An executive director or a representative from a national organization representing individuals with disabilities. (B) An executive director or a representative from a national organization representing early child care educators. (C) The executive director or a representative from a national organization representing law enforcement officials. (D) The executive director or a representative from an organization focused on emergency preparedness training in early child care. (E) A member of an organization representing teachers, school leaders, specialized instructional support personnel, and paraprofessionals. (F) A member of an organization representing school-based child welfare and mental health professionals. (G) An individual with a physical, sensory, intellectual, developmental, mental health, or other disability who has demonstrated disability advocacy experience in kindergarten through grade 12 education. (H) An individual with a physical, sensory, intellectual, developmental, mental health, or other disability who has been enrolled in an institution of higher education for at least a year during the 5 years prior to the date of the individual's appointment to the Council. (I) An individual with a physical, sensory, intellectual, developmental, mental health, or other disability who has been enrolled in an institution of higher education for a year prior to the date of the individual's appointment to the Council. (J) A parent or guardian of a child in an early child care and education program. (K) A parent or guardian of a child with a physical, sensory, intellectual, or developmental disability in— (i) an early child care and education program; or (ii) a public elementary school or secondary school. (3) Federal members (A) Department of Education members The following officers of the Department of Education shall serve as members of the Council: (i) The Assistant Secretary of the Office of Planning, Evaluation and Policy Development. (ii) The Assistant Secretary of the Office of Special Education and Rehabilitative Services. (iii) The Assistant Secretary for Civil Rights. (iv) The Director of the Office of Innovation and Early Learning. (v) The Director of the Office of Special Education Programs. (B) Health and Human Services members The following officers of the Administration for Children and Families of the Department of Health and Human Services shall serve as members of the Council: (i) The Director of the Office of Child Care. (ii) The Director of the Office of Head Start. (C) FEMA member The Administrator of the Federal Emergency Management Agency shall serve as a member of the Council. (4) Additional requirements for representation The chairperson shall, to the best of the chairperson's ability, promote representation among the membership of the Council, including— (A) ensuring that not less than one of the members appointed under paragraph (2) has directly experienced, as a student, gun violence or another emergency event in which a lockdown protocol was enforced in an educational setting that was the primary target of the emergency event; and (B) ensuring diversity among members appointed under such paragraph with regard to race, ethnicity, disability, gender identity and expression, age, sexual orientation, primary language, and other demographic characteristics. (c) Meetings (1) Initial meeting The Council shall hold its first meeting not later than 90 days after the date of enactment of this Act. (2) Frequency The Council shall meet at the call of the chairperson. (3) Quorum A majority of the members of the Council shall constitute a quorum, but a lesser number of members may hold hearings. 5. Duties (a) Hearing The Council shall hold a hearing with relevant stakeholders, including students and educators, principals and other school leaders, child care experts, disability advocates, civil rights advocates, law enforcement, security experts, and others, not later than 120 days after the date of enactment of this Act. (b) Study and review The Council shall— (1) study emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, for educational settings including early child care and education settings, elementary schools and secondary schools, and institutions of higher education; and (2) conduct a complete and thorough review of the relevant literature and research surrounding emergency response protocols in such educational settings and the impact that emergency response protocols can have on specific populations of children, youth, and employees, including the effects on children living in poverty and children of color. (c) Recommendations and guidelines After completing the study and review described in subsection (b), the Council shall provide— (1) recommendations that ensure that States, early child care and education settings, local educational agencies, and institutions of higher education are provided with accurate information about the needs of specific populations of children, youth, and employees during emergencies; (2) guidelines for States, early child care and education settings, local educational agencies, and institutions of higher education to use in developing and implementing emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, that are inclusive and accessible; and (3) guidelines— (A) for the development and implementation of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, that include information about— (i) preparedness drills, including discussions and seminars on emergency preparedness, workshops, and full-scale emergency simulations; (ii) emergency communications; (iii) training for educators, early child care and education staff, administrators, and support personnel, including— (I) training addressing implicit biases on the basis of race, national origin, socioeconomic status, religion, disability, and sex (including sexual orientation and gender identity); and (II) other training to ensure the nondiscriminatory application of protocols and treatment of students; (iv) the use of technology; and (v) other issues determined appropriate by the Council; (B) for the use of Federal funds by States, early child care and education programs, local educational agencies, and institutions of higher education to develop and implement emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, that are inclusive and accessible; and (C) for States to create and develop recommendations for oversight for public elementary schools and secondary schools, early child care and education settings, and institutions of higher education to ensure any emergency response protocols— (i) are inclusive and accessible; (ii) protect student privacy; and (iii) avoid exacerbating risk for children and youth with disabilities, young children, employees, and other specific populations. (d) Report By not later than 18 months after the date of enactment of this Act, the Council shall prepare and submit to Congress a detailed report that contains— (1) findings from stakeholders related to the challenges faced by children and youth with disabilities, young children, and other specific populations with regard to emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures; and (2) the recommendations and guidelines described in subsection (c). 6. Powers of Council (a) Hearings The Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Council considers advisable to carry out this Act. (b) Information from Federal agencies (1) In general The Council may secure directly from a Federal department or agency such information as the Council considers necessary to carry out this Act. (2) Furnishing information On request of the chairperson of the Council, the head of the department or agency shall furnish the information to the Council. (c) Postal services The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. 7. Council personnel matters (a) Compensation of members Only members of the Council representing categories described in subparagraphs (G) through (K) of section 4(b)(2) shall be compensated for their work for the Council. Such members may receive compensation at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the members are engaged in the performance of the duties of the Council. (b) Travel expenses A member of the Council 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 Council. (c) Staff (1) In general The chairperson of the Council may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Council to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Council. (2) Compensation The chairperson of the Council may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of government employees A Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of temporary and intermittent services The chairperson of the Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. 8. Termination of Council The Council shall terminate 60 days after the date on which the Council submits the report required under section 5(d). 9. Authorization of appropriations (a) In general There is authorized to be appropriated to the Council to carry out this Act a total of $500,000 for fiscal years 2023 and 2024. (b) Availability Any sums appropriated under subsection (a) shall remain available, without fiscal year limitation, until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s4259is/xml/BILLS-117s4259is.xml |
117-s-4260 | II 117th CONGRESS 2d Session S. 4260 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Ms. Baldwin (for herself, Mrs. Capito , Mr. King , Mrs. Hyde-Smith , Ms. Sinema , Mr. Marshall , Ms. Murkowski , Mr. Merkley , Mr. Rounds , and Mr. Reed ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to increase the number of permanent faculty in palliative care at accredited allopathic and osteopathic medical schools, nursing schools, social work schools, and other programs, including physician assistant education programs, to promote education and research in palliative care and hospice, and to support the development of faculty careers in academic palliative medicine.
1. Short title This Act may be cited as the Palliative Care and Hospice Education and Training Act . 2. Palliative care and hospice education and training (a) In general Part D of title VII of the Public Health Service Act ( 42 U.S.C. 294 et seq. ) is amended by inserting after section 759 the following: 759A. Palliative care and hospice education and training (a) Palliative care and hospice education centers (1) In general The Secretary shall award grants or contracts under this section to entities described in paragraph (1), (3), or (4) of section 799B, and section 801(2), for the establishment or operation of Palliative Care and Hospice Education Centers that meet the requirements of paragraph (2). (2) Requirements A Palliative Care and Hospice Education Center meets the requirements of this paragraph if such Center— (A) improves the interprofessional team-based training of health professionals in palliative care, including residencies, traineeships, or fellowships; (B) develops and disseminates interprofessional team-based curricula relating to the palliative treatment of the complex health problems of individuals with serious or life-threatening illnesses; (C) supports the training and retraining of faculty to provide instruction in interprofessional team-based palliative care; (D) supports interprofessional team-based continuing education of health professionals who provide palliative care to patients with serious or life-threatening illness; (E) provides students (including residents, trainees, and fellows) with clinical training in interprofessional team-based palliative care in appropriate health settings, including hospitals, hospices, home care, long-term care facilities, and ambulatory care centers; (F) establishes traineeships for individuals who are preparing for advanced education nursing degrees, social work degrees, or advanced degrees in physician assistant studies, with a focus in interprofessional team-based palliative care in appropriate health settings, including hospitals, hospices, home care, long-term care facilities, and ambulatory care centers; (G) supports collaboration between multiple specialty training programs (such as medicine, nursing, social work, physician assistant, chaplaincy, and pharmacy) and clinical training sites to provide training in interprofessional team-based palliative care; and (H) does not duplicate the activities of existing education centers funded under this section or under section 753 or 865. (3) Expansion of existing centers Nothing in this section shall be construed to— (A) prevent the Secretary from providing grants or contracts to expand existing education centers, including geriatric education centers established under section 753 or 865, to provide for education and training focused specifically on palliative care, including for non-geriatric populations; or (B) limit the number of education centers that may be funded in a community. (b) Palliative medicine physician training (1) In general The Secretary may make grants to, and enter into contracts with, schools of medicine, schools of osteopathic medicine, teaching hospitals, and graduate medical education programs for the purpose of providing support for projects that fund the training of physicians (including residents, trainees, and fellows) who plan to teach palliative medicine. (2) Requirements Each project for which a grant or contract is made under this subsection shall— (A) be staffed by full-time teaching physicians who have experience or training in interprofessional team-based palliative medicine; (B) be based in a hospice and palliative medicine fellowship program accredited by the Accreditation Council for Graduate Medical Education; (C) provide training in interprofessional team-based palliative medicine through a variety of service rotations, such as consultation services, acute care services, extended care facilities, ambulatory care and comprehensive evaluation units, hospices, home care, and community care programs; (D) develop specific performance-based measures to evaluate the competency of trainees; and (E) provide training in interprofessional team-based palliative medicine through one or both of the training options described in paragraph (3). (3) Training options The training options referred to in subparagraph (E) of paragraph (2) are as follows: (A) 1-year retraining programs in hospice and palliative medicine for physicians who are faculty at schools of medicine and osteopathic medicine, or others determined appropriate by the Secretary. (B) 1- or 2-year training programs that are designed to provide training in interprofessional team-based hospice and palliative medicine for physicians who have completed graduate medical education programs in any medical specialty leading to board eligibility in hospice and palliative medicine pursuant to the American Board of Medical Specialties. (4) Definitions For purposes of this subsection, the term graduate medical education means a program sponsored by a school of medicine, a school of osteopathic medicine, a hospital, or a public or private institution that— (A) offers postgraduate medical training in the specialties and subspecialties of medicine; and (B) has been accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association through its Committee on Postdoctoral Training. (c) Palliative medicine and hospice academic career awards (1) Establishment of program The Secretary shall establish a program to provide awards, to be known as the Palliative Medicine and Hospice Academic Career Awards , to eligible individuals to promote the career development of such individuals as academic hospice and palliative care physicians. (2) Eligible individuals To be eligible to receive an award under paragraph (1), an individual shall— (A) be board certified or board eligible in hospice and palliative medicine; and (B) have a junior (non-tenured) faculty appointment at an accredited (as determined by the Secretary) school of medicine or osteopathic medicine. (3) Limitations No award under paragraph (1) may be made to an eligible individual unless the individual— (A) has submitted to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, and the Secretary has approved such application; (B) provides, in such form and manner as the Secretary may require, assurances that the individual will meet the service requirement described in paragraph (6); and (C) provides, in such form and manner as the Secretary may require, assurances that the individual has a full-time faculty appointment in a health professions institution and documented commitment from such institution to spend a majority of the total funded time of such individual on teaching and developing skills in education in interprofessional team-based palliative care. (4) Maintenance of effort An eligible individual who receives an award under paragraph (1) shall provide assurances to the Secretary that funds provided to the eligible individual under this subsection will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended by the eligible individual. (5) Amount and term (A) Amount The amount of an award under this subsection shall be equal to the award amount provided for under section 753(c)(5)(A) for the fiscal year involved. (B) Term The term of an award made under this subsection shall not exceed 5 years. (C) Payment to institution The Secretary shall make payments for awards under this subsection to institutions, including schools of medicine and osteopathic medicine. (6) Service requirement An individual who receives an award under this subsection shall provide training in palliative care and hospice, including the training of interprofessional teams of health care professionals. The provision of such training shall constitute a majority of the total funded obligations of such individual under the award. (d) Palliative care workforce development (1) In general The Secretary shall award grants or contracts under this subsection to entities that operate a Palliative Care and Hospice Education Center pursuant to subsection (a)(1). (2) Application To be eligible for an award under paragraph (1), an entity described in such paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Use of funds Amounts awarded under a grant or contract under paragraph (1) shall be used to carry out the fellowship program described in paragraph (4). (4) Fellowship program (A) In general Pursuant to paragraph (3), a Palliative Care and Hospice Education Center that receives an award under this subsection shall use such funds to offer short-term intensive courses (referred to in this subsection as a fellowship ) that focus on interprofessional team-based palliative care that provide supplemental training for faculty members in medical schools and other health professions schools with programs in psychology, pharmacy, nursing, social work, physician assistant education, chaplaincy, or other health disciplines, as approved by the Secretary. Such a fellowship shall be open to current faculty, and appropriately credentialed volunteer faculty and practitioners, who do not have formal training in palliative care, to upgrade their knowledge and clinical skills for the care of individuals with serious or life-threatening illness and to enhance their interdisciplinary and interprofessional teaching skills. (B) Location A fellowship under this paragraph shall be offered either at the Palliative Care and Hospice Education Center that is sponsoring the course, in collaboration with other Palliative Care and Hospice Education Centers, or at medical schools, schools of nursing, schools of pharmacy, schools of social work, schools of chaplaincy or pastoral care education, graduate programs in psychology, physician assistant education programs, or other health professions schools approved by the Secretary with which the Centers are affiliated. (C) Continuing education credit Participation in a fellowship under this paragraph shall be accepted with respect to complying with continuing health profession education requirements. As a condition of such acceptance, the recipient shall subsequently provide a minimum of 18 hours of voluntary instruction in palliative care content (that has been approved by a palliative care and hospice education center) to students or trainees in health-related educational, home, hospice, or long-term care settings. (5) Targets A Palliative Care and Hospice Education Center that receives an award under paragraph (1) shall meet targets approved by the Secretary for providing training in interprofessional team-based palliative care to a certain number of faculty or practitioners during the term of the award, as well as other parameters established by the Secretary. (6) Amount of award Each award under paragraph (1) shall be in the amount of $150,000. Not more than 24 Palliative Care and Hospice Education Centers may receive an award under such paragraph. (7) Maintenance of effort A Palliative Care and Hospice Education Center that receives an award under paragraph (1) shall provide assurances to the Secretary that funds provided to the Center under the award will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended by such Center. (e) Palliative care and hospice career incentive awards (1) In general The Secretary shall award grants or contracts under this subsection to individuals described in paragraph (2) to foster greater interest among a variety of health professionals in entering the field of palliative care. (2) Eligible individuals To be eligible to receive an award under paragraph (1), an individual shall— (A) be an advanced practice nurse, a social worker, physician assistant, pharmacist, chaplain, or student of psychology who is pursuing a doctorate, masters, or other advanced degree with a focus in interprofessional team-based palliative care or related fields in an accredited health professions school; and (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Conditions of award As a condition of receiving an award under paragraph (1), an individual shall agree that, following completion of the award period, the individual will teach or practice palliative care in health-related educational, home, hospice, or long-term care settings for a minimum of 5 years under guidelines established by the Secretary. (4) Payment to institution The Secretary shall make payments for awards under paragraph (1) to institutions that include schools of medicine, osteopathic medicine, nursing, social work, psychology, chaplaincy or pastoral care education, dentistry, and pharmacy, or other allied health discipline in an accredited health professions school or program (such as a physician assistant education program) that is approved by the Secretary. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section, $15,000,000 for each of the fiscal years 2023 through 2027. . (b) Effective date The amendment made by this section shall be effective beginning on the date that is 90 days after the date of enactment of this Act. 3. Hospice and palliative nursing (a) Nurse education, practice, and quality grants Section 831(b)(3) of the Public Health Service Act ( 42 U.S.C. 296p(b)(3) ) is amended by inserting hospice and palliative nursing, after coordinated care, . (b) Palliative care and hospice education and training programs Part D of title VIII of the Public Health Service Act ( 42 U.S.C. 296p et seq. ) is amended by adding at the end the following: 832. Palliative care and hospice education and training (a) Program authorized The Secretary shall award grants to, or enter into contracts with, eligible entities to develop and implement, in coordination with programs under section 759A, programs and initiatives to train and educate individuals in providing interprofessional team-based palliative care in health-related educational, hospital, hospice, home, or long-term care settings. (b) Use of funds An eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to individuals who will provide palliative care in health-related educational, hospital, home, hospice, or long-term care settings; (2) develop and disseminate curricula relating to palliative care in health-related educational, hospital, home, hospice, or long-term care settings; (3) train faculty members in palliative care in health-related educational, hospital, home, hospice, or long-term care settings; or (4) provide continuing education to individuals who provide palliative care in health-related educational, home, hospice, or long-term care settings. (c) Application An eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Eligible entity For purposes of this section, the term eligible entity shall include a school of nursing, a health care facility, a program leading to certification as a certified nurse assistant, a partnership of such a school and facility, or a partnership of such a program and facility. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2023 through 2027. . 4. Dissemination of palliative care information Part A of title IX of the Public Health Service Act ( 42 U.S.C. 299 et seq. ) is amended by adding at the end the following new section: 904. Dissemination of palliative care information (a) In general Under the authority under section 902(a) to disseminate information on health care and on systems for the delivery of such care, the Director may disseminate information to inform patients, families, and health professionals about the benefits of palliative care throughout the continuum of care for patients with serious or life-threatening illness. (b) Information disseminated (1) Mandatory information If the Director elects to disseminate information under subsection (a), such dissemination shall include the following: (A) Palliative care Information, resources, and communication materials about palliative care as an essential part of the continuum of quality care for patients and families facing serious or life-threatening illness (including cancer, heart, kidney, liver, lung, and infectious diseases; as well as neurodegenerative disease such as dementia, Parkinson’s disease, or amyotrophic lateral sclerosis). (B) Palliative care services Specific information regarding the services provided to patients by professionals trained in hospice and palliative care, including pain and symptom management, support for shared decision making, care coordination, psychosocial care, and spiritual care, explaining that such services may be provided starting at the point of diagnosis and alongside curative treatment and are intended to— (i) provide patient-centered and family-centered support throughout the continuum of care for serious and life-threatening illness; (ii) anticipate, prevent, and treat physical, emotional, social, and spiritual suffering; (iii) optimize quality of life; and (iv) facilitate and support the goals and values of patients and families. (C) Palliative care professionals Specific materials that explain the role of professionals trained in hospice and palliative care in providing team-based care (including pain and symptom management, support for shared decision making, care coordination, psychosocial care, and spiritual care) for patients and families throughout the continuum of care for serious or life-threatening illness. (D) Research Evidence-based research demonstrating the benefits of patient access to palliative care throughout the continuum of care for serious or life-threatening illness. (E) Population-specific materials Materials targeting specific populations, including patients with serious or life-threatening illness who are among medically underserved populations (as defined in section 330(b)(3)) and families of such patients or health professionals serving medically underserved populations. Such populations shall include pediatric patients, young adult and adolescent patients, racial and ethnic minority populations, and other priority populations specified by the Director. (2) Required publication Information and materials disseminated under paragraph (1) shall be posted on the Internet websites of relevant Federal departments and agencies, including the Department of Veterans Affairs, the Centers for Medicare & Medicaid Services, and the Administration on Aging. (c) Consultation The Director shall consult with appropriate professional societies, hospice and palliative care stakeholders, and relevant patient advocate organizations with respect to palliative care, psychosocial care, and complex chronic illness with respect to the following: (1) The planning and implementation of the dissemination of palliative care information under this section. (2) The development of information to be disseminated under this section. (3) A definition of the term serious or life-threatening illness for purposes of this section. . 5. Clarification (a) Restriction on the use of Federal funds None of the funds made available under this Act (or an amendment made by this Act) may be used to provide, promote, or provide training with regard to any item or service for which Federal funding is unavailable under section 3 of Public Law 105–12 ( 42 U.S.C. 14402 ). (b) Additional clarification As used in this Act (or an amendment made by this Act), palliative care and hospice shall not be furnished for the purpose of causing, or the purpose of assisting in causing, a patient’s death, for any reason. 6. Enhancing NIH research in palliative care (a) In general Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following new section: 409K. Enhancing research in palliative care The Secretary, acting through the Director of the National Institutes of Health, shall develop and implement a strategy to be applied across the institutes and centers of the National Institutes of Health to expand and intensify national research programs in palliative care in order to address the quality of care and quality of life for the rapidly growing population of patients in the United States with serious or life-threatening illnesses, including cancer; heart, kidney, liver, lung, and infectious diseases; as well as neurodegenerative diseases such as dementia, Parkinson’s disease, or amyotrophic lateral sclerosis. . (b) Expanding trans-NIH research reporting To include palliative care research Section 402A(c)(2)(B) of the Public Health Service Act ( 42 U.S.C. 282a(c)(2)(B) ) is amended by inserting and, beginning January 1, 2023, for conducting or supporting research with respect to palliative care after or national centers . | https://www.govinfo.gov/content/pkg/BILLS-117s4260is/xml/BILLS-117s4260is.xml |
117-s-4261 | II Calendar No. 372 117th CONGRESS 2d Session S. 4261 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Lee (for himself, Mr. Wicker , Mr. Daines , Mr. Cassidy , and Mr. Grassley ) introduced the following bill; which was read the first time May 19, 2022 Read the second time and placed on the calendar A BILL To suspend duties and other restrictions on the importation of infant formula to address the shortage of infant formula in the United States, and for other purposes.
1. Short title This Act may be cited as the Fixing Our Regulatory Mayhem Upsetting Little Americans Act or the FORMULA Act . 2. Suspension of restrictions on importation of infant formula to address shortage (a) Duty-free treatment of infant formula imported from certain countries (1) In general During the 180-day period beginning on the date of the enactment of this Act, infant formula described in paragraph (2) shall enter the United States free of duty and free of quantitative limitation. (2) Infant formula described Infant formula is described in this paragraph if the infant formula— (A) is classified under heading 1901.10 of the Harmonized Tariff Schedule of the United States; (B) is imported from a country described in paragraph (3); and (C) was approved by the agency of the government of that country that regulates infant formula. (3) Countries described A country described in this paragraph is any of the following: (A) Australia. (B) Israel. (C) Japan. (D) New Zealand. (E) Switzerland. (F) South Africa. (G) The United Kingdom. (H) A member country of the European Union. (I) A member country of the European Economic Area. (b) Temporary exemptions from FDA requirements (1) In general With respect to any infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection (a) during the 180-day period beginning on the date of the enactment of this Act— (A) the requirements under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ) shall not apply; (B) such infant formula may be manufactured, processed, packed, or held in a domestic or foreign facility that is not registered under section 415 of such Act ( 21 U.S.C. 350d ); (C) the requirements under parts 106 and 107 of title 21, Code of Federal Regulations, shall not apply; and (D) such infant formula shall not be considered to be misbranded or adulterated solely on the basis of not being in compliance with the requirements of such section 412 or 415, or such part 106 or 107. (2) Notification requirement (A) In general A person who introduces or delivers for introduction into interstate commerce an infant formula pursuant to subsection (a) shall notify the Secretary of Health and Human Services (referred to in this subsection as the Secretary ) if such person has knowledge which reasonably supports the conclusion that such infant formula— (i) may not provide the nutrients required by section 412(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a(i) ); or (ii) is a product that meets any criterion under section 402(a) of such Act ( 21 U.S.C. 342(a) ), or which otherwise may be unsafe for infant consumption. (B) Knowledge defined For purposes of subparagraph (A), the term knowledge as applied to a person subject to such subparagraph means— (i) the actual knowledge that the manufacturer had; or (ii) the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care. (3) Recall authority If the Secretary determines that infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection (a) is a product described in paragraph (2)(A)(ii), the manufacturer or importer shall immediately take all actions necessary to recall shipments of such infant formula from all wholesale and retail establishments, consistent with recall regulations and guidelines issued by the Secretary. (4) Clarification Section 801(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(j) ) shall apply with respect to any infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection (a) during the 180-day period beginning on the date of the enactment of this Act. (c) Special supplemental nutrition program for women, infants, and children (1) Access for WIC beneficiaries Notwithstanding any other provision of law, any infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection (a) during the 180-day period beginning on the date of enactment of this Act is eligible for purchase using benefits received under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ). (2) Waivers (A) Definition of covered document In this paragraph, the term covered document means the attachment entitled Process for State Agency Waiver Requests Related to Shortages to the letter of the Secretary of Agriculture dated February 18, 2022, entitled Voluntary Recall of Certain Abbott Powder Formulas, including Similac, Alimentum and EleCare . (B) Waivers During the 180-day period beginning on the date of enactment of this Act, the Secretary of Agriculture may grant any waiver described in the covered document, including with respect to the exchange or issuance, as applicable, of infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection (a). (d) List of imported infant formula The Secretary of Agriculture, in conjunction with the Secretary of Health and Human Services, shall— (1) maintain a list of all infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection (a) during the 180-day period beginning on the date of enactment of this Act, which shall include, for each infant formula— (A) the country of origin; (B) the recommended measurements for mixing or otherwise preparing the infant formula; and (C) the approved use and marketing status of the infant formula in the country of origin according to the applicable government entity that regulates infant formula in that country; and (2) make the list maintained under paragraph (1) publicly available on the websites of each of the Department of Agriculture and the Food and Drug Administration. (e) Infant formula defined In this section, the term infant formula has the meaning given that term in section 201(z) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(z) ).
May 19, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4261pcs/xml/BILLS-117s4261pcs.xml |
117-s-4262 | II 117th CONGRESS 2d Session S. 4262 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To temporarily allow the importation of infant formula free of duty and free of quantitative limitation, and for other purposes.
1. Short title This Act may be cited as the Formula Act of 2022 . 2. Increasing the supply of infant formula (a) In general During the 180 day period beginning on the date of the enactment of this Act, infant formula classified under heading 1901.10 of the Harmonized Tariff Schedule of the United States shall enter the United States free of duty and free of quantitative limitation, if such formula— (1) is imported from a country on the list published by the Secretary of Health and Human Services under subsection (c)(1) or a member country of the European Union; and (2) is lawfully marketed in the country of origin. (b) Guidance (1) In general The Secretary of Health and Human Services (referred to in this subsection and in subsection (c) as the Secretary ) shall, not later than 7 days after the date of enactment of this Act, issue, and periodically update, as appropriate, guidance for domestic and foreign manufacturers of infant formula in order to increase availability of such formula in the United States that is safe and nutritionally adequate. (2) Elements of the guidance The guidance under paragraph (1) shall address the following: (A) Information to be submitted to the Secretary by foreign and domestic manufacturers of infant formula for consideration with regard to the introduction into interstate commerce (including importation) of infant formula that is safe and nutritionally adequate but that may not comply with all applicable statutory and regulatory requirements. Such information shall include— (i) safety and nutritional adequacy of the infant formula; (ii) product identification information; (iii) the quantity of the infant formula intended for introduction into interstate commerce; (iv) a copy of the label for the infant formula (with information on any allergens present on the product label and adequate instructions for safe product preparation and use) and description of the packaging of the infant formula; and (v) manufacturing information, including test results, and facility compliance and inspection history. (B) Information for manufacturers planning to increase domestic production of infant formula for purposes of addressing the ongoing shortage. (3) Priority The guidance under paragraph (1) shall provide for priority consideration for manufacturers that are able to produce large volumes of such infant formula quickly. (c) Importation from countries meeting certain standards (1) In general Not later than 7 days after the date of enactment of this Act, the Secretary shall publish a list of countries the Secretary determines to have manufacturing and safety standards for infant formula that are similar, equivalent, or otherwise suitable, as compared to United States standards. (2) Personal and commercial importation Beginning on the date on which the list of countries is published under paragraph (1), for a period not to exceed 180 days, the Secretary shall allow personal and commercial importation of infant formula from any country on such list, as well as from any member country of the European Union, without regard to the guidance under subsection (b)(2) and the requirements of section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ), section 415 of such Act ( 21 U.S.C. 350d ), and parts 106 and 107 of title 21, Code of Federal Regulations. (d) Definition In this section, the term infant formula has the meaning given such term in section 201(z) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(z) ). 3. Special supplemental nutrition program for women, infants, and children (a) Access for WIC beneficiaries Notwithstanding any other provision of law, any infant formula (as defined in section 2(d)) imported into the United States pursuant to section 2(c)(2) is eligible for purchase using benefits received under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ). (b) Product recalls and supply chain disruptions Section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) is amended— (1) in subsection (b), by adding at the end the following: (24) Supply chain disruption The term supply chain disruption means a shortage of supplemental foods that impedes the redemption of food instruments, as determined by the Secretary. ; and (2) by adding at the end the following: (r) Product recalls and supply chain disruptions (1) Definition of qualified administrative requirement In this subsection, the term qualified administrative requirement means— (A) a requirement under this section; and (B) any regulatory requirement promulgated pursuant to this section. (2) Modification or waiver of requirements Notwithstanding any other provision of law, the Secretary shall modify or waive a qualified administrative requirement to allow 1 or more State agencies— (A) to permit vendors authorized to participate in the program under this section to exchange or substitute authorized supplemental foods obtained with food instruments with food items that are not identical (including in brand and size); (B) to modify or waive any requirement with respect to medical documentation for the issuance of noncontract brand infant formula, except the requirements for participants receiving Food Package III (as defined in section 246.10(e)(3) of title 7, Code of Federal Regulations (as in effect on the date of enactment of this subsection)); (C) to modify or waive the maximum monthly allowance for infant formula; (D) to modify or waive any additional requirement with respect to supplemental food products provided under the program under this section if the modification or waiver— (i) may facilitate increased access to those products; (ii) does not substantially weaken the nutritional quality of those products; and (iii) is in accordance with any applicable guidance or directive from the Administrator of Food and Drugs determined to be applicable by the Secretary. (3) Duration A modification or waiver under paragraph (2)— (A) shall be available for a period of not more than 180 days beginning on the date of enactment of this subsection; and (B) may be renewed, subject to the condition that the Secretary shall provide notice of the renewal not less than 15 days before the renewal shall take effect. . | https://www.govinfo.gov/content/pkg/BILLS-117s4262is/xml/BILLS-117s4262is.xml |
117-s-4263 | II 117th CONGRESS 2d Session S. 4263 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Booker (for himself, Mr. Blumenthal , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes.
1. Short title This Act may be cited as the Federal Firearm Licensing Act . 2. License for the purchase of firearms (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. License for the acquisition or receipt of firearms (a) In general Except as provided in subsection (d), it shall be unlawful for any individual to purchase or receive a firearm unless the individual has a valid Federal firearm license. (b) Establishment of Federal license To purchase or receive firearms (1) In general The Attorney General shall establish a Federal system for issuing a Federal firearm license to eligible individuals for firearms transferred to such individual. (2) Requirements The system established under paragraph (1) shall require that— (A) an individual shall be eligible to receive such a license if the individual— (i) has completed training in firearms safety, including— (I) a written test, to demonstrate knowledge of applicable firearms laws; and (II) hands-on testing, including firing testing, to demonstrate safe use and sufficient accuracy of a firearm; and (ii) as part of the process for applying for such a license— (I) has submitted to a background investigation and criminal history check of the individual; (II) has submitted proof of identity; (III) has submitted the fingerprints of the individual; and (IV) has submitted identifying information on the firearm that the person intends to obtain, including the make, model, and serial number, and the identity of the firearm seller or transferor; (B) a license issued under the system is available at a designated local office, which shall be located in both urban and rural areas; (C) the Attorney General shall issue or deny a license under this section not later than 30 days after the date on which the application for such license is received; (D) each license issued under this section shall be valid for the purchase of a single firearm, which shall be purchased not later than 30 days after the date on which the license is issued; (E) a license issued under the system shall expire on the date that is 5 years after the date on which the license was issued; and (F) the Attorney General shall provide notice of an application for a license under this section to the relevant State and local officials. (3) Background investigation (A) In general Before issuing a license under this section, the Attorney General shall— (i) conduct a background investigation on the applicant; and (ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. (B) Poses a danger of bodily injury (i) Information from State and local officials After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. (ii) Denial (I) In general The Attorney General may deny a license under this section if the Attorney General determines that the applicant poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm, after examining factors the Attorney General considers are relevant to the determination, including— (aa) history of threats or acts of violence toward self or others; (bb) history of use, attempted use, or threatened use of physical force by the applicant against another person; (cc) whether the applicant is the subject of or has violated a domestic violence or stalking restraining order or protection order; (dd) any prior arrest, pending charge, or conviction for a violent or serious crime or disorderly persons offense, stalking offense, or domestic violence offense; (ee) any prior arrest, pending charge, or conviction for an offense involving cruelty to animals; (ff) history of drug or alcohol abuse or involvement in drug trafficking; (gg) any recent acquisition of firearms, ammunition, or other deadly weapons; and (hh) involvement in firearms trafficking or unlawful firearms transfers; and (ii) history of unsafe storage or handling of firearms. (II) Judicial review An applicant denied a license under subclause (I) may file an action in the appropriate district court of the United States for seeking review of the denial. (C) Rule of construction Nothing in this paragraph may be construed to modify any other requirement for a background investigation relating to the acquisition or receipt of a firearm in effect on the day before the date of enactment of this section. (4) Revocation (A) In general The Attorney General shall revoke a license issued under this section if the Attorney General determines that— (i) the licensee poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm; or (ii) after a regular background investigation conducted by the Attorney General, the possession of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. (B) Notice and opportunity for a hearing (i) Notice Upon determining that the licensee should have their license revoked under subparagraph (A), the Attorney General shall provide notice to the licensee and to relevant State and local officials of the determination. (ii) Hearing For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. (C) Procedures The Attorney General shall establish procedures to ensure that any firearm is removed from any individual when the individual’s license is revoked under this paragraph. (D) Return of firearms A firearm removed under the procedures established under subparagraph (C) may be returned to the individual only if the individual’s license is reinstated. (5) Renewal The Attorney General shall establish procedures for the renewal of a license that requires that the applicant satisfies the requirements described in paragraph (2). (6) Enrollment in Rap Back The Attorney General shall enroll each individual who is issued a license under this section in the Rap Back service. (c) Recordkeeping It shall be unlawful for any individual to sell or otherwise dispose of a firearm to a person unless the individual reports the transaction to the Attorney General not later than 3 business days after the date on which the firearm is sold or transferred, which shall include identifying information on the firearm seller and on the firearm transferee, including the make, model, and serial number. (d) State licenses (1) In general Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm license to eligible individuals in the State with substantially similar requirements to those described in subsection (b). (e) Regulations The Attorney General may promulgate regulations that the Attorney General determines are necessary to carry out this section. . (b) Clerical amendment The table of sections for such chapter is amended by adding at the end the following: 932. License for the acquisition or receipt of firearms. . 3. Point-of-sale background check Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) Point-of-Sale background checks (1) In general 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). (2) Compliance Upon taking possession of a firearm under paragraph (1), 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. (3) Return If a transfer of a firearm described in paragraph (1) 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. . 4. Prohibition on transfer to certain unlicensed persons Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: (bb) Prohibition on transfer to certain unlicensed persons It shall be unlawful for any person to— (1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or (2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1). . | https://www.govinfo.gov/content/pkg/BILLS-117s4263is/xml/BILLS-117s4263is.xml |
117-s-4264 | II 117th CONGRESS 2d Session S. 4264 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Scott of South Carolina (for himself, Mr. Casey , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to require States to develop a strategy to integrate and coordinate Medicaid and Medicare coverage for full-benefit dual eligible individuals.
1. Short title This Act may be cited as the Advancing Integration in Medicare and Medicaid (AIM) Act . 2. Coverage integration and coordination strategy for full-benefit dual eligible individuals (a) Medicaid state plan requirement Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)— (A) by striking and at the end of paragraph (86); (B) by striking the period at the end of paragraph (87) and inserting ; and ; and (C) by inserting after paragraph (87) the following new paragraph: (88) include a strategy for integrating and coordinating health benefits coverage under this title and title XVIII for full-benefit dual eligible individuals (as defined in section 1935(c)(6)) in accordance with the requirements of subsection (tt). ; and (2) by adding at the end the following new subsection: (tt) Coverage integration and coordination strategy for full-Benefit dual eligible individuals For purposes of subsection (a)(88), the requirements under this subsection are the following: (1) General requirements Not later than 2 years after the date of enactment of this subsection, the State shall develop, in consultation with relevant stakeholders, and submit to the Secretary for approval a strategy for integrating and coordinating health benefits coverage for full-benefit dual eligible individuals (as defined in section 1935(c)(6)) that includes detailed descriptions of the following components: (A) The integration and coordination approaches selected by the State. (B) The eligibility requirements and benefits available under such strategy. (C) The education and enrollment strategy for participation by full-benefit dual eligible individuals (as so defined). (D) Beneficiary protections intended to preserve and strengthen beneficiary choice and access to care. (E) The plan for collecting data analytics and measuring the quality of care provided under such strategy. (F) Structures to promote health equity. (G) The coordination and integration of mental health benefits with other benefits and services available under this title and title XVIII for full-benefit dual eligible individuals under such strategy. (H) Such other components as the Secretary may require. (2) Regular reviews and updates The State regularly shall review and update the strategy developed and approved under paragraph (1) in accordance with such timing and other requirements as the Secretary shall specify. (3) Relevant stakeholders For purposes of paragraph (1), the term relevant stakeholders means each of the following: (A) Full-benefit dual eligible individuals (as defined in section 1935(c)(6)) and their representatives. (B) Health plans. (C) Health care providers, such as physicians, hospitals, and nursing homes. (D) PACE providers. (E) Community-based organizations. (F) Beneficiary advocates. (G) Others as determined appropriate by the Secretary or the State. . (b) Effective date; implementation (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. (2) Delay if state legislation needed In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by the section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-117s4264is/xml/BILLS-117s4264is.xml |
117-s-4265 | II 117th CONGRESS 2d Session S. 4265 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Kennedy 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 increase and provide an inflation adjustment for the limitation on distributions from qualified tuition programs that may be used for elementary and secondary tuition.
1. Short title This Act may be cited as the Inflation-Adjusted Education Investment Act . 2. Increase on limitation on expenses used for elementary and secondary tuition (a) In general The last sentence of section 529(e)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $10,000 and inserting $12,000 . (b) Inflation adjustment Section 529(e)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Inflation adjustment (i) In general In the case of any taxable year beginning in a calendar year after 2022, the $12,000 amount in subparagraph (A) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (ii) Rounding Any increase determined under clause (i) shall be rounded to the nearest multiple of $500. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s4265is/xml/BILLS-117s4265is.xml |
117-s-4266 | II 117th CONGRESS 2d Session S. 4266 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Water Resources Development Act of 1992 to increase funding for stormwater management for Atlanta, Georgia, and for other purposes.
1. Short title This Act may be cited as the City of Atlanta Stormwater Management Act . 2. Stormwater management, 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 . | https://www.govinfo.gov/content/pkg/BILLS-117s4266is/xml/BILLS-117s4266is.xml |
117-s-4267 | II 117th CONGRESS 2d Session S. 4267 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to create a tax credit for qualified health insurance premiums of eligible retired public safety officers, and for other purposes.
1. Short title This Act may be cited as the Public Safety Officer Health Improvement Act of 2022 . 2. Credit for qualified health insurance premiums of eligible retired public safety officers (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Qualified health insurance premiums of eligible retired public safety officers (a) Allowance of credit In the case of an individual who is an eligible retired public safety officer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year in an amount equal to so much of the amount paid by such individual for qualified health insurance premiums for such taxable year as does not exceed $4,800. (b) Definitions For purposes of this section— (1) Eligible retired public safety officer The term eligible retired public safety officer has the meaning given such term by section 402(l)(4)(B), except that such term shall not include any individual who has attained age 65. (2) Qualified health insurance premiums The term qualified health insurance premiums has the meaning given such term by section 402(l)(4)(D). (c) Adjustment for inflation In the case of a taxable year beginning after December 31, 2023, the $4,800 amount in subsection (a) shall be increased by an amount equal to— (1) such amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2022 for 2016 in subparagraph (A)(ii) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $5, such amount shall be rounded to the next lowest multiple of $5. (d) Denial of double benefit No credit shall be allowed under this section for a taxable year if the individual (or the individual's spouse) has made the election described in paragraph (6) of section 402(l) for such taxable year. . (b) Clerical amendment The table of sections for subpart A 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 25D the following new item: Sec. 25E. Qualified health insurance premiums of eligible retired public safety officers. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 3. Adjustment for inflation of exclusion of distributions for qualified health insurance premiums of eligible retired public safety officers (a) In general Paragraph (5) of section 402(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Adjustment for inflation In the case of a taxable year beginning after December 31, 2023, the $3,000 amount in paragraph (2) shall be increased by an amount equal to— (i) such amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2022 for 2016 in subparagraph (A)(ii) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $5, such amount shall be rounded to the next lowest multiple of $5. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4267is/xml/BILLS-117s4267is.xml |
117-s-4268 | II 117th CONGRESS 2d Session S. 4268 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients.
1. Short title This Act may be cited as the Health Care Providers Safety Act of 2022 . 2. Grants to health care providers to enhance security Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. Grants to health care providers to enhance security (a) In general The Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. (b) Use of funds A health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements. . | https://www.govinfo.gov/content/pkg/BILLS-117s4268is/xml/BILLS-117s4268is.xml |
117-s-4269 | II 117th CONGRESS 2d Session S. 4269 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Menendez (for himself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish a program to award grants to State, local, and Tribal governments to purchase and distribute anti-blood loss supplies for use in a medical emergency, and for other purposes.
1. Short title This Act may be cited as the Prevent Blood Loss with Emergency Equipment Devices Act or the Prevent BLEEDing Act . 2. Grants to distribute anti-blood loss supplies for use in a medical emergency Part E of title XII of the Public Health Service Act ( 42 U.S.C. 300d–51 et seq. ) is amended by adding at the end the following: 1255. Grants to distribute anti-blood loss supplies for use in a medical emergency (a) In general The Secretary, acting through the Assistant Secretary for Preparedness and Response, shall establish a program to award grants to State, local, and Tribal governments to— (1) purchase and distribute anti-blood loss supplies for use in a medical emergency— (A) in high-traffic and high-density areas; or (B) areas adjacent to an automated external defibrillator; and (2) implement appropriate training courses in the proper use of anti-blood loss supplies to enhance public safety. (b) Eligibility To be eligible to receive a grant under this section, a State, local, or Tribal government shall prepare and 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 areas the State, local, or Tribal government intends to place such anti-blood loss supplies for use in a medical emergency; and (2) an agreement to consult with appropriate public and private entities. (c) Consideration In awarding grants under this section, the Secretary may not consider— (1) the population of the area served by a State, local, or Tribal government; or (2) the rate of violent crime in an area served by a State, local, or Tribal government. (d) Apportionment Of the amounts appropriated under subsection (f) to carry out this section, the Secretary shall, for each fiscal year, apportion such amounts based on the population of the area served by a State, local, or Tribal government receiving grant funds. (e) Anti-Blood loss supplies In this section, the term anti-blood loss supplies includes tourniquets, gauze, wound-packing materials, hemostatic dressings, gloves, markers, and other similar supplies. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2023, to remain available until expended. . 3. Study on trends in access to and utilization of bleeding control kits and training (a) In general The Comptroller General of the United States shall conduct a study on trends regarding access to and utilization of bleeding control kits and training. (b) Report (1) Submission Not later than 18 months after the date of enactment of this Act, the Comptroller General shall complete the study under subsection (a) and submit to the Congress a report on the results of such study. (2) Contents The report under paragraph (1) shall disaggregate by State and geographic area (including across rural, urban, and suburban areas) findings on trends in access to and utilization of bleeding control kits and training. | https://www.govinfo.gov/content/pkg/BILLS-117s4269is/xml/BILLS-117s4269is.xml |
117-s-4270 | II 117th CONGRESS 2d Session S. 4270 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Braun (for himself, Mr. Burr , Mr. Marshall , and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title VII of the Civil Rights Act of 1964 to require the Equal Employment Opportunity Commission to approve commencing, intervening in, or participating in certain litigation, and for other purposes.
1. Short title This Act may be cited as the EEOC Transparency and Accountability Act . 2. Approval of EEOC litigation commencement, intervention, or participation Section 705 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 ) is amended by adding at the end the following: (l) (1) The Commission shall decide by majority vote— (A) whether the Commission will commence or intervene in litigation, for— (i) each case involving an allegation of systemic discrimination or a pattern or practice of discrimination; (ii) each case for which the litigation is expected to involve a major expenditure of agency resources, including staffing and staff time, or expenses associated with extensive discovery or expert witnesses; (iii) each case presenting an issue on which the Commission has taken a position contrary to precedent in the Judicial Circuit of the United States in which the case will be or has been filed; (iv) each case presenting an issue on which the General Counsel proposes to take a position contrary to precedent in the Circuit in which the case will be or has been filed; and (v) each case that the General Counsel reasonably believes to be appropriate for a Commission decision on such commencement or intervention, including— (I) cases that implicate areas of the law that are not settled; and (II) cases that are likely to generate public controversy; (B) for each recommendation regarding whether the Commission will participate as amicus curiae in a case, whether the Commission will so participate; and (C) in considering at least 1 litigation recommendation from each district office of the Commission each fiscal year, including litigation recommendations for cases described in subparagraph (A), whether the Commission will commence or intervene in the litigation for each case. (2) A member of the Commission shall have the power to require the Commission to decide by majority vote whether the Commission shall commence, intervene in, or participate in any litigation as described in paragraph (1). (3) Neither the Commission nor a member of the Commission may delegate the authority provided under paragraph (1) or (2) to any other person. (4) Not later than 30 days after the Commission commences, intervenes in, or participates in litigation pursuant to approval under this subsection, the Commission shall post and maintain the following information on its public website with respect to the litigation: (A) The court in which the case was brought. (B) The name and case number of the case. (C) The nature of the allegation. (D) The causes of action for the case brought. (E) Each Commissioner’s vote on commencing, intervening in, or participating in the litigation. (5) The Commission shall issue, in a manner consistent with section 713, procedural regulations to carry out this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s4270is/xml/BILLS-117s4270is.xml |
117-s-4271 | II 117th CONGRESS 2d Session S. 4271 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Reed (for himself 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 reauthorize the Garrett Lee Smith Memorial Act, and for other purposes.
1. Short title This Act may be cited as the Garrett Lee Smith Memorial Act Reauthorization of 2022 . 2. Reauthorization of programs (a) Suicide prevention resource center Section 520C of the Public Health Service Act ( 42 U.S.C. 290bb–34 ) is amended— (1) in subsection (a), by adding at the end the following: In carrying out this subsection with respect to assistance to entities serving members of the Armed Forces and veterans, the Secretary shall collaborate with the Secretary of Defense and the Secretary of Veterans Affairs. ; (2) in subsection (b)(9), by inserting and local educational agencies after higher education ; (3) in subsection (c), by striking $5,988,000 for each of fiscal years 2018 through 2022 and inserting $9,000,000 for each of fiscal years 2023 through 2027 ; and (4) in subsection (d), by striking date of enactment of this subsection and inserting date of enactment of the Garrett Lee Smith Memorial Act Reauthorization of 2022 . (b) Garrett Lee Smith Youth Suicide Prevention Section 520E of the Public Health Service Act ( 42 U.S.C. 290bb–36 ) is amended— (1) in subsection (a)(1), by inserting pediatric health programs, after mental health programs, ; (2) in subsection (c)— (A) in paragraphs (1) and (7), by inserting pediatric health programs, after mental health programs, each place it appears; and (B) in paragraph (9), by striking and youth organizations and inserting youth organizations, and pediatric health programs ; (3) in subsection (e)(3)(A), by striking Department of Health and Human Services agencies and inserting agencies of the Department of Health and Human Services and the Department of Education ; (4) in subsection (g)(2), by striking Helping Families in Mental Health Crisis Reform Act of 2016 and inserting the Garrett Lee Smith Memorial Act Reauthorization of 2022 ; and (5) in subsection (m), by striking $30,000,000 for each of fiscal years 2018 through 2022 and inserting $50,000,000 for each of fiscal years 2023 through 2027 . (c) Mental health and substance use disorder services on campus Section 520E–2 of the Public Health Service Act ( 42 U.S.C. 290bb–36b ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by inserting and providing resiliency training for after Educating ; and (ii) by inserting health after mental ; (B) in paragraph (3), by inserting on mental health services before the period; (C) in paragraph (4), by striking and substance use disorder and inserting health and substance use disorder resources and ; (D) in each of paragraphs (5), (7), and (8), by inserting health after mental ; (E) by amending paragraph (6) to read as follows: (6) Supporting the training of, and providing resources to, students, faculty, and staff to recognize and respond effectively and appropriately to students experiencing mental health and substance use disorders. ; (F) in paragraph (9)— (i) by inserting , including comprehensive needs assessments and evaluation of services, after Conducting research ; (ii) by striking regarding improving and inserting to improve ; and (iii) by inserting promotion of mental health and wellness, after prevention, ; (G) in paragraph (10)— (i) by inserting and school- or student-run extracurricular groups after athletic teams ; and (ii) by striking disorders, and promote mental health and inserting health disorders, and promote mental health and wellness ; (H) in paragraph (11), by striking staff and inserting college and university wellness or behavioral health center staff, which may include interns, residents, or fellows in a mental health field who have not yet been licensed or certified, but can provide care as part of their training under the supervision of a licensed individual or certified professional ; and (I) in paragraph (12), by inserting , trauma-informed practices, student peer support programs, and post-vention planning before the period; (2) in subsection (c)— (A) in paragraph (2), by striking psychological service centers and inserting wellness or behavioral health centers, including medical sites that deliver behavioral health care ; (B) in paragraph (3), by inserting and substance use disorder after health ; and (C) in paragraph (4), by striking psychology and inserting mental health ; (3) in subsection (d)— (A) in paragraph (1), by inserting health after mental ; and (B) in paragraph (3), by inserting mental health and wellness, and after for promoting ; (4) in subsection (e), by amending paragraph (3) to read as follows: (3) Waivers The Secretary— (A) shall waive the requirement under paragraph (1) with respect to— (i) minority-serving institutions described in sections 371(a) and 326(e)(1) of the Higher Education Act of 1965; and (ii) community colleges, defined as public institutions of higher education, as described in section 101(a) of the Higher Education Act of 1965 and at which the associate’s degree is primarily the highest degree awarded; and (B) may waive such requirement with respect to an institution of higher education not described in subparagraph (A) if the Secretary determines that extraordinary need at the institution justifies the waiver. ; (5) in subsection (f)— (A) in paragraph (2)— (i) by inserting comprehensive, sustainable, and evidence-based after improve access to ; and (ii) by inserting through prevention, early detection, early intervention, and after including ; and (B) by adding at the end the following: (3) An assessment of the continued mental health and substance use disorder needs of the grantees. ; and (6) in subsection (i), by striking $7,000,000 for each of fiscal years 2018 through 2022 and inserting $12,000,000 for each of fiscal years 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4271is/xml/BILLS-117s4271is.xml |
117-s-4272 | II 117th CONGRESS 2d Session S. 4272 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Ms. Duckworth (for herself, Ms. Klobuchar , Mrs. Blackburn , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To improve promotion practices in the National Guard, and for other purposes.
1. Short title This Act may be cited as the National Guard Promotion Improvement Act of 2022 . 2. Sense of Congress It is the sense of Congress that— (1) existing processes contribute to the long delays experienced by reserve officers of the National Guard for Federal recognition of State vacancy promotions; and (2) unduly delayed promotions have a significant impact on members of the National Guard as they manage their careers and make financial plans for the future, and pose retention challenges. 3. Independent study on Federal recognition process (a) Independent study Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the National Guard commissioned officer and warrant officer promotion system and provide recommendations to the Department of Defense, the Department of the Air Force, the Department of the Army, the National Guard Bureau, and individual State National Guard commands. (b) Elements The study referred to in subsection (a) shall include a comprehensive review and assessment of the following: (1) The Federal recognition process used to extend Federal recognition to State promotions. (2) Best practices among the various State National Guards for managing their requirements under the existing National Guard promotion system. (3) Possible improvements to requirements, policies, procedures, workflow, or resources to reduce the time required for Federal recognition to be extended to a State promotion. (4) The feasibility of developing or adopting a commercially available solution for an integrated enterprise information technology system for managing National Guard officer and warrant officer promotions that allows seamless transition for promotions as they move through reviews at the National Guard Bureau, the Department of the Army, the Department of the Air Force, and the Department of Defense. (5) Possible metrics to evaluate effectiveness of any recommendations made. (6) Any other matters the federally funded research and development center determines relevant. (c) Report (1) In general The contract under subsection (a) shall require the federally funded research and development center that conducts the study under the contract to submit to the Secretary of Defense, the Secretary of the Army, the Secretary of the Air Force, and the Chief of the National Guard Bureau a report on the results of the study. (2) Submission to congress Not later than 30 days after receiving the report required under paragraph (1), the Secretary of Defense shall submit an unedited copy of the report results to the congressional defense committees. 4. Backdating of effective date of rank for reserve officers in the National Guard due to undue delays in Federal recognition Paragraph (2) of section 14308(f) of title 10, United States Code, is amended to read as follows: (2) If there is a delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force that exceeds 60 days from when the National Guard Bureau received the promotion from the State, and the delay was not attributable to the action or inaction of such officer, the effective date of the promotion concerned under paragraph (1) shall be adjusted by the Secretary concerned to not later than 60 days after the National Guard Bureau received the promotion but not earlier than the effective date of the State promotion. . 5. Reporting requirement (a) In general Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified in subsection (c), the Secretary of Defense, acting through the Chief of the National Guard Bureau and in consultation with the Secretary of the Army and the Secretary of the Air Force as appropriate, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing the current status of the Federal recognition process for National Guard promotions. (b) Elements The report required under subsection (a) shall include the following elements: (1) An update on actions taken to reduce the average time needed to extend Federal recognition in the next higher grade in the Army and Air National Guards to a reserve commissioned officer promotion. (2) The average time it took during the previous fiscal year to extend Federal recognition in the next higher grade in the Army National Guard to a reserve commissioned officer of the Army, as measured from the date at which the National Guard Bureau received the promotion until the date at which Federal recognition was granted. (3) The average time it took during the previous fiscal year to extend Federal recognition in the next higher grade in the Air National Guard to a reserve commissioned officer of the Air Force, as measured from the date at which the National Guard Bureau received the promotion until the date at which Federal recognition was granted. (4) The number of Army National Guard officers who experienced Federal recognition delays greater than 60 days in the previous fiscal year. (5) The number of Air National Guard officers who experienced Federal recognition delays greater than 60 days in the previous fiscal year. (6) A summary of any additional resources or authorities needed to further streamline the Federal recognition to reduce average Federal recognition delays to less than 60 days. (7) Any other information the Chief of the National Guard Bureau or the Secretaries concerned determine relevant. (c) Expiration of annual reporting requirement The report required under subsection (a) may be submitted once every three years after the Secretary of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the average delay for Federal recognition of Army National Guard and Air Force National Guard members is less than 60 days. | https://www.govinfo.gov/content/pkg/BILLS-117s4272is/xml/BILLS-117s4272is.xml |
117-s-4273 | II 117th CONGRESS 2d Session S. 4273 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to provide States with resources to support efforts to integrate or coordinate Medicare and Medicaid benefits for individuals that are eligible for both programs.
1. Short title This Act may be cited as the Supporting States in Integrating Care Act of 2022 . 2. Supporting State efforts to integrate Medicare and Medicaid benefits for full-benefit dual eligible individuals (a) In general Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)— (A) by striking and at the end of paragraph (86); (B) by striking the period at the end of paragraph (87) and inserting ; and ; and (C) by inserting after paragraph (87) the following new paragraph: (88) in the case of a State that is 1 of the 50 States or the District of Columbia, provide that the State will carry out activities to coordinate and integrate benefits for full-benefit dual eligible individuals (as defined in section 1935(c)(6)) in accordance with a Dual Coordination and Integration Plan approved by the Secretary under subsection (tt). ; and (2) by adding at the end the following new subsection: (tt) Supporting State efforts To integrate Medicare and Medicaid benefits for full-Benefit dual eligible individuals (1) Definitions In this subsection: (A) Full-benefit dual eligible individual The term full-benefit dual eligible individual has the meaning given that term in section 1935(c)(6). (B) Medicaid The term Medicaid means the program for grants to States for medical assistance programs established under this title. (C) Medicare The term Medicare the program of health insurance for the aged and disabled established under title XVIII. (D) Medicare and Medicaid benefits The term Medicare and Medicaid benefits means benefits available under Medicaid and Medicare. (E) Medicare-Medicaid Coordination Office The term Medicare-Medicaid Coordination Office means the Medicare Medicaid Coordination Office established as the Federal Coordinated Health Care Office under section 2602 of the Patient Protection and Affordable Care Act. (F) Relevant stakeholders The term relevant stakeholders means the following: (i) Full-benefit dual eligible individuals and their representatives. (ii) Beneficiary advocates. (iii) Health plans. (iv) Health care providers, such as physicians, hospitals, and nursing homes. (v) PACE providers. (vi) Community-based organizations. (vii) Other interested individuals or groups as determined by the Secretary or the State. (2) Planning grants (A) In general Not later than 1 year after the date of enactment of this subsection, from the amount reserved under paragraph (8)(B), the Secretary shall award a planning grant to each State to carry out planning activities to develop and submit to the Secretary a Dual Coordination and Integration Plan described in paragraph (3). (B) Limitation The Secretary shall award planning grants to States under this paragraph in such amounts as the Secretary shall determine except that in no case shall a grant awarded under this paragraph exceed $5,000,000. (C) Use of funds A State may only use grant funds awarded under this paragraph for the planning activities described in subparagraph (A), except that, if a State does not use all of the grant funds and receives approval for a Dual Coordination and Integration Plan described in paragraph (3), the State may use any remaining funds to carry out activities described in paragraph (4) that are in accordance with such plan. (3) Dual Coordination and Integration Plan (A) In general As a condition of receiving a payment under this subsection, a State shall submit to the Secretary for approval a Dual Coordination and Integration Plan (to be developed by the State with input from relevant stakeholders) describing the State's strategy for integrating and coordinating health benefits coverage for full-benefit dual eligible individuals that includes detailed descriptions of the following components: (i) A description of the activities described in paragraph (4) that will be carried out under the plan. (ii) The integration and coordination approaches selected by the State. (iii) The eligibility requirements and benefits available under such strategy. (iv) The education, enrollment, and outreach strategy for participation by full-benefit dual eligible individuals. (v) Beneficiary protections intended to preserve and strengthen beneficiary choice and access to care. (vi) The plan for collecting data analytics and measuring the quality of care provided under such strategy. (vii) Structures to promote health equity. (viii) The coordination and integration of mental health benefits with other benefits and services available under Medicare and Medicaid for full-benefit dual eligible individuals under such strategy. (ix) Such other components as the Secretary may require. (B) Development and submission In order to meet the requirements of this subsection, a Dual Coordination and Integration Plan shall— (i) be submitted for approval by the Secretary not later than 24 months after the date on which the State was awarded a planning grant under paragraph (2); and (ii) be made publicly available in the final version submitted to the Secretary on a State Internet website. (C) Approval; publication (i) In general The Secretary shall approve a Dual Coordination and Integration Plan submitted by a State under this paragraph if— (I) the plan contains each of the components required under subparagraph (A); and (II) the State provides assurances to the satisfaction of the Secretary that the State will carry out the Dual Coordination and Integration Plan as it is written. (ii) Regular reviews and updates The State regularly shall review and update a Dual Coordination and Integration Plan approved under this subparagraph at such times and in accordance with such requirements as the Secretary shall specify. (4) Medicare and Medicaid coordination and integration activities (A) In general The activities described in this paragraph are the following: (i) Activities to recruit or retain expert capacity at the State agency responsible for administering the State plan under this title to inform the integration of Medicare and Medicaid for full-benefit dual eligible individuals. (ii) Training for staff at such State agency to develop expertise to inform the integration of Medicare and Medicaid benefits for full-benefit dual eligible individuals. (iii) Support for development of payment rates and alternative payment models. (iv) Development of information technology infrastructure to— (I) support data sharing among health plans, providers, PACE providers, community-based organizations, and Federal, State, and local government agencies; and (II) transfer Medicare and Medicaid eligibility and enrollment data. (v) Advancement of a unified Medicare and Medicaid grievance and appeals structure for determinations made by integrated agencies (as permissible under the rules and regulations of the Centers for Medicare & Medicaid Services). (vi) Development of, or enhancements to, enrollment, outreach, and education supports for full-benefit dual eligible individuals. (vii) Development of, or enhancements to, administration, monitoring, and oversight systems and protocols for all entities that provide coordinated or integrated Medicare and Medicaid benefits to full-benefit dual eligible individuals. (viii) Development of, or enhancements to, administration of quality measurement and improvement programs for services furnished to full-benefit dual eligible individuals. (ix) Stakeholder engagement processes, including— (I) the establishment and maintenance of a Consumer Advisory Council comprised of full-benefit dual eligible individuals, as well as beneficiary advocates, and their representatives that is reflective of the local population in terms of status for dual eligible qualification as well as race, ethnicity, sexual orientation, and other characteristics determined by the State; and (II) the establishment and maintenance of a stakeholder engagement group that regularly solicits and incorporates into the State's Medicare and Medicaid coordination or integration strategy input from the Consumer Advisory Council and other relevant stakeholders (as defined in paragraph (1)) in the State. (x) Development of a workforce needs assessment to identify the needs of the full-benefit dually eligible population, including strategies to ensure adequate compensation for the workforce. (B) Limitations No payment may be made under this subsection for expenditures on an activity that the State carried out before the date of enactment of this subsection. (5) Payments to States (A) In general Subject to subparagraph (B), for each fiscal quarter during which a State has in effect a Dual Coordination and Integration Plan approved under paragraph (3), the Secretary shall pay to the State an amount equal to 50 percent (or, during the first 20 full fiscal quarters during which the plan is in effect, 80 percent) of the amounts expended by the State during the quarter on activities described in paragraph (4) that are in accordance with such plan. (B) Limitations (i) Use of planning grant funds A State shall not be eligible for a payment under this paragraph until the State has expended the full amount of the planning grant awarded to the State under paragraph (2). (ii) Non-duplication of payment; application of higher rates No payment shall be made under this paragraph with respect to State expenditures of funds made available from Federal sources, and to the extent that a State expenditure is eligible for a Federal payment under both subparagraph (A) and another provision of this title or any other law, payment shall only be made under the provision that results in the State receiving the higher payment. (C) Manner of payment Payment to a State under this subsection shall be made in the same manner as payments for State expenditures for the proper and efficient administration of the State plan described in section 1903(a)(7). (6) Evaluation of plan implementation; reporting requirement (A) Evaluation benchmarks The Secretary shall establish benchmarks for evaluating whether a State's use of payments received under this subsection is in alignment with the State's Dual Coordination and Integration Plan (as approved under paragraph (3)). (B) Annual report As a condition of payment under this subsection— (i) a State shall submit to the Secretary an annual report detailing how the State is using payments received under this subsection; and (ii) the Secretary shall certify, based on such report, that the State's use of such payments is in alignment with the State's Dual Coordination and Integration Plan (as approved under paragraph (3)). (7) Administration In carrying out this subsection, the Secretary shall coordinate with the Medicare-Medicaid Coordination Office and other Federal agencies as appropriate. (8) Funding (A) In general Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $300,000,000 for fiscal year 2023 to carry out this subsection, to remain available until expended. (B) Reservation for planning grants Of the amount appropriated under subparagraph (A), $150,000,000 is reserved to award planning grants under paragraph (2). (C) Technical assistance and guidance Of the amount appropriated under subparagraph (A), $150,000,000 is reserved for issuing guidance and providing technical assistance to States in— (i) developing and implementing Dual Coordination and Integration Plans under this subsection; and (ii) completing the annual reports required under paragraph (6). . (b) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. (2) Delay if State legislation needed In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by the section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-117s4273is/xml/BILLS-117s4273is.xml |
117-s-4274 | II 117th CONGRESS 2d Session S. 4274 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Luján (for himself, Mr. Padilla , Mrs. Murray , Mr. Wyden , Mrs. Feinstein , Ms. Cortez Masto , Ms. Rosen , Mr. Heinrich , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve the Federal effort to reduce wildland fire risks, and for other purposes.
1. Short title This Act may be cited as the National Wildland Fire Risk Reduction Program Act of 2022 . 2. Definitions In this Act: (1) Director The term Director means the Director of the National Institute of Standards and Technology. (2) Fire environment The term fire environment means— (A) the environmental conditions, such as soil moisture, vegetation, topography, snowpack, atmospheric temperature, moisture, and wind, that influence— (i) fuel and fire behavior; and (ii) smoke dispersion and transport; and (B) the associated environmental impacts occurring during and after fire events. (3) Fireground The term fireground means the operational area at the scene of a fire controlled by an incident command system. (4) Fire weather The term fire weather means any type of weather conditions that influence the start, spread, character, or behavior of wildfire or fires at the wildland-urban interface and all associated meteorological and chemical phenomena, including air quality, smoke, and meteorological parameters such as relative humidity, air temperature, wind speed and direction, and atmospheric composition and chemistry, including emissions and mixing heights. (5) National laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) Program The term Program means the National Wildland Fire Risk Reduction Program established under section 3. (7) Program agencies The term Program agencies means any Federal agency with responsibilities under the Program. (8) Stakeholders The term stakeholders means any public or private organization engaged in addressing wildland fires, associated smoke, and their impacts, including relevant Federal agencies, States, territories, Tribes, local governments, businesses, nonprofit organizations (including national standards and building code organizations), firefighting departments and organizations, institutions of higher education, National Laboratories, scientific disciplinary societies, professional associations, and other users of wildland fire data products. (9) Wildland fire The term wildland fire means any nonstructure fire that occurs in vegetation or natural fuels and includes wildfires originating from an unplanned ignition and prescribed fires. (10) Wildland-urban interface The term Wildland-Urban Interface has the meaning given such term in section 4 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2203 ). 3. Establishment of National Wildland Fire Risk Reduction Program (a) Program required The President shall establish a program to achieve major measurable reductions in the losses of life, property, and natural resources from wildland fires through a coordinated Federal effort— (1) to improve the assessment of fire environments and the understanding and prediction of wildland fires, associated smoke, and their impacts, including— (A) at the wildland-urban interface; (B) on communities, buildings, and other infrastructure; (C) on ecosystem services and watersheds; and (D) social and economic impacts; (2) to develop and encourage the adoption of science-based and cost-effective measures to enhance community resilience to wildland fires, to address and mitigate wildland fire and associated smoke impacts, and to restore natural fire regimes in fire-dependent ecosystems; and (3) to improve the understanding and mitigation of the effects of climate change, drought, and climate variability on wildland fire risk, frequency, and severity, and to inform paragraphs (1) and (2). (b) Designation The program established under subsection (a) shall be known as the National Wildland Fire Risk Reduction Program . 4. Activities of National Wildland Fire Risk Reduction Program The Program shall consist of the activities described under section 8, which shall be designed— (1) to support research and development, including interdisciplinary research, related to fire environments, wildland fires, associated smoke, and their impacts, in furtherance of a coordinated interagency effort to address wildland fire risk reduction; (2) to support data management and stewardship, the development and coordination of data systems and computational tools, and the creation of a centralized, integrated data collaboration environment for Program agency data to accelerate the understanding of fire environments, wildland fires, associated smoke, and their impacts, and the benefits of wildland fire risk mitigation measures; (3) to support the development of tools and technologies, including decision support tools and risk and hazard maps, to improve understanding, monitoring, and prediction of wildland fires and associated smoke and mitigation of their negative impacts; (4) to support research and development activities to improve data, tools, and technologies that directly inform, support, and complement active land management, forest and habitat restoration, and healthy ecosystem practices executed by relevant Federal agencies and State, local, territorial, and Tribal entities; (5) to support education and training to expand the number of students and researchers in areas of study and research related to wildland fires; (6) to accelerate the translation of research related to wildland fires and associated smoke into operations to reduce harm to communities, buildings, other infrastructure, and ecosystem services; (7) to conduct communication and outreach regarding wildland fire science and wildland fire risk mitigation to communities, energy utilities and operators of other critical infrastructure, and other relevant stakeholders; (8) to support research and development projects funded under joint solicitations or through memoranda of understanding between not fewer than 2 agencies participating in the Program; and (9) to disseminate, to the extent practicable, scientific data and related products and services in formats meeting shared standards to enhance the interoperability, usability, and accessibility of Program agency data, including data under paragraph (2), in order to better meet the needs of Program agencies, other Federal agencies, and relevant stakeholders. 5. Interagency Coordinating Committee on Wildland Fire Risk Reduction (a) Establishment (1) In general Not later than 90 days after the date of the enactment of this Act, the Director shall establish an interagency coordinating committee for the Program. (2) Designation The interagency coordinating committee established under paragraph (1) shall known as the Interagency Coordinating Committee on Wildland Fire Risk Reduction (in this section the Committee ). (b) Membership The Committee shall be composed of the following, or their designees: (1) The Director. (2) The Director of the Office of Science and Technology Policy. (3) The Director of the National Science Foundation. (4) The Administrator of the National Oceanic and Atmospheric Administration. (5) The Administrator of the Federal Emergency Management Agency. (6) The Administrator of the United States Fire Administration. (7) The Chief of the Forest Service. (8) The Administrator of the National Aeronautics and Space Administration. (9) The Administrator of the Environmental Protection Agency. (10) The Secretary of Energy. (11) The Director of the Office of Management and Budget. (12) The Secretary of the Interior. (13) The Director of United States Geological Survey. (14) The Secretary of Health and Human Services. (15) The Secretary of Defense. (16) The Secretary of Housing and Urban Development. (17) The Director of the National Institute of Food and Agriculture. (18) The head of any other Federal agency that the Director considers appropriate. (c) Meetings The members of the Committee shall meet not less than twice each year for the first 2 years of the Committee and then not less frequently than once each year thereafter at the call of the Director. (d) Chairpersons The Director and the Director of the Office of Science and Technology Policy or their designees shall be co-chairpersons of the Committee. (e) General purpose and duties The Committee shall oversee the planning, management, and coordination of the Program and solicit stakeholder input on Program goals. (f) Strategic plan (1) In general The Committee shall develop and submit to Congress, not later than 2 years after the date of the enactment of this Act, a strategic plan for the Program. (2) Contents The strategic plan developed and submitted under paragraph (1) shall include the following: (A) Prioritized goals for the Program, consistent with the purposes of the Program as described in section 3(a). (B) Short-term, mid-term, and long-term research and development objectives to achieve those goals. (C) A description of the role of each Program agency in achieving the prioritized goals. (D) A description of how the Committee will foster collaboration between and among the Program agencies and other Federal agencies to help meet the goals of the Program. (E) The methods by which progress toward the goals will be assessed. (F) An explanation of how the Program will foster the translation of research into measurable reductions in the losses of life, property, and ecosystem services from wildland fires, including recommended outcomes and metrics for each program goal and how operational Program agencies will transition demonstrated technologies and research findings into decision support tools and operations. (G) A description of the research infrastructure, including databases and computational tools, needed to accomplish the research and development objectives outlined in subparagraph (B), a description of how research infrastructure in existence at the time of the development of the plan will be used to meet the objectives, an explanation of how new research infrastructure will be developed to meet the objectives, and a description of how the Program will implement the integrated data collaboration environment per section 4(2). (H) A description of how Program agencies will collaborate with stakeholders and take into account stakeholder needs and recommendations in developing research and development objectives. (I) Recommendations on the most effective means to integrate the research results into wildland fire preparedness and response actions across Federal, State, local, Tribal, and territorial levels. (J) Guidance on how the Committee’s recommendations are best used in climate adaptation planning for Federal, State, local, Tribal, and territorial entities. (K) A nationally recognized, consensus-based definition of wildland-urban interface and other key terms and definitions relating to wildland fire, developed in consideration of the meaning given such term in section 4 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2203 ). (L) A description of opportunities to support new areas of research and development and new types of collaborations that seek to optimize building and landscape design across multiple resilience goals, including resilience to wildland fires and other natural hazards, energy efficiency, and environmental sustainability. (3) Updates Not later than 6 years after the date of the enactment of this Act and not less frequently than once every 4 years thereafter, the Committee shall update the strategic plan developed under paragraph (1). (g) Coordination with other Federal efforts To the extent practicable, the Committee shall ensure that the activities of the Program are coordinated with, and not duplicative of, other relevant Federal initiatives and interagency bodies, as appropriate, including— (1) the Joint Fire Science Program; (2) the Wildland Fire Leadership Council; (3) the Wildland Fire Management Policy Committee; (4) the Wildland Fire Mitigation and Management Commission; (5) the National Interagency Fire Center; (6) the National Interagency Coordination Center; (7) the National Predictive Services Oversight Group; (8) the Interagency Council for Advancing Meteorological Services; (9) the National Windstorm Impact Reduction Program; (10) the National Multi-Agency Coordinating Group; and (11) the Mitigation Framework Leadership Group. (h) Assessment of need for National Academies of Sciences, Engineering, and Medicine study (1) In general The Committee shall assess— (A) the need for a study, or a series of studies, to be conducted by the National Academies of Sciences, Engineering, and Medicine; and (B) how such a study or studies could help identify research areas for further study and inform research objectives, including further research into the interactions between climate change and wildland fires. (2) Briefing Not later than 1 year after the date of the enactment of this Act, the Committee shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Space, Science, and Technology of the House of Representatives and on the findings of the Committee with respect to the assessment conducted under paragraph (1). (i) Progress report (1) In general Not later than 540 days after the date of the submittal of the first strategic plan under subsection (f) and not less frequently than once every 2 years thereafter, the Committee shall submit to Congress a report on the progress of the Program. (2) Contents Each report submitted under paragraph (1) shall include, for the period covered by the report, the following: (A) A description of the activities funded under the Program, a description of how those activities align with the prioritized goals and research objectives established in the strategic plan under subsection (f), and the budgets, per agency, for these activities. (B) The outcomes achieved by the Program for each of the goals identified in the Strategic Plan. 6. National Advisory Committee on Wildland Fire Risk Reduction (a) Establishment (1) In general The Director shall establish an advisory committee on wildland fire risk reduction. (2) Designation The committee established under paragraph (1) shall be known as the National Advisory Committee on Wildland Fire Risk Reduction (in this section referred to as the Advisory Committee ). (b) Composition (1) In general The Advisory Committee shall be composed of not fewer than 7 and not more than 15 members selected by the Director from among those who the Director considers are qualified to provide advice on wildland fire risk reduction and represent related scientific, architectural, and engineering disciplines, including the following: (A) Representatives of research and academic institutions. (B) Standards development organizations. (C) Emergency management agencies. (D) State, local, Tribal, and territorial governments. (E) Business communities. (F) Such others as the Director considers appropriate. (2) Limitation None of the members of the Advisory Committee may be employees of the Federal Government. (c) Duties The Advisory Committee shall carry out assessments and develop recommendations on— (1) trends and developments in the natural, engineering, and social sciences and practices of wildfire risk mitigation; (2) the priorities of the Program’s strategic plan described in section 5(f); (3) the management, coordination, implementation, and activities of the Program; (4) the effectiveness of the Program in meeting its purposes; and (5) any need to revise the Program. (d) Compensation The members of the Advisory Committee shall serve without compensation. (e) Biennial reports Not less frequently than once every 2 years, the Advisory Committee shall submit to the Director a report on the assessments carried out under subsection (b) and the recommendations developed under such subsection. (f) Charter Notwithstanding section 14(b)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall not be required to file a charter subsequent to its initial charter, filed under section 9(c) of such Act, before the termination date specified in subsection (g) of this section. (g) Termination The Advisory Committee shall terminate on September 30, 2026. (h) Conflict of interest An Advisory Committee member shall recuse themselves from any Advisory Committee activity in which they have an actual pecuniary interest. 7. Review by Comptroller General of the United States Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) evaluate the progress and performance of the Program in establishing and making progress toward the goals of the Program as set forth in this Act; (2) develop such recommendations as the Comptroller General determines are appropriate to improve the Program; and (3) submit to Congress a report on— (A) the findings of the Comptroller General with respect to the evaluation carried out under paragraph (1); and (B) such recommendations as the Comptroller General may have developed under paragraph (2). 8. Responsibilities of National Wildland Fire Risk Reduction Program agencies (a) Director of the National Institute of Standards and Technology (1) Research and development activities The Director shall— (A) carry out research on the effect of wildland fires on communities, buildings, and other infrastructure, including structure-to-structure transmission of fire and spread within communities; (B) carry out research on the generation of firebrands and firebrand showers in wildland fires and on methods and materials to prevent or reduce firebrand ignition of communities, buildings, and other infrastructure; (C) carry out research on novel materials, systems, structures, and construction designs to harden structures, parcels, and communities to the impact of wildland fires; (D) carry out research on the impact of environmental factors on wildland fire behavior, including wind, terrain, and moisture; (E) support the development of performance-based tools to mitigate the effect of wildland fires, and work with appropriate groups to promote and assist in the use of such tools, including through model building codes and fire codes, standard test methods, voluntary consensus standards, and construction and retrofit best practices; (F) in collaboration with the United States Fire Administration, carry out research and development of decontamination methods and technologies for firefighting gear on and off the field; (G) develop and execute a research plan on public safety communication coordination standards among Federal, State, local, territorial, and Tribal wildland firefighters, fire management response officials, and the National Interagency Fire Center; (H) carry out research to improve and integrate existing communications systems to transmit secure, real-time data, alerts, and accurate advisories to wildland firefighters; (I) carry out both live and virtual field testing and measurement of equipment, software, and other technologies to determine current effectiveness and timeliness of information dissemination and develop standards and best practices for the delivery of useful and secure real-time data to wildland firefighters; and (J) develop and publish recommendations to improve public safety communication coordination standards among wildland firefighters and member agencies of the National Interagency Fire Center, including providing such recommendations to the Office of Budget and Management and the Office of Science and Technology Policy. (2) Wildland-urban interface fire post-investigations The Director shall— (A) coordinate Federal post-wildland fire investigations of fires at the wildland-urban interface; and (B) develop methodologies, in coordination with the Administrator of the Federal Emergency Management Agency and in consultation with relevant stakeholders, to characterize the effect of wildland fires on communities and the impact of changes in building and fire codes, including methodologies— (i) for collecting, inventorying, and analyzing information on the performance of communities, buildings, and other infrastructure in wildland fires; and (ii) for improved collection of pertinent information from different sources, including first responders, the design and construction industry, insurance companies, and building officials. (b) Director of the National Science Foundation (1) Research and development activities The Director of the National Science Foundation shall support research and development activities, including large-scale convergent research— (A) to improve the understanding and prediction of wildland fire risks, including the conditions that increase the likelihood of a wildland fire, the behavior of wildland fires, and the impacts of wildland fires on buildings, communities, infrastructure, watersheds, ecosystems, and living systems; (B) to develop and improve research infrastructure, tools, and technologies, including sensors and sensor networks, databases, and computational models, to enable and accelerate the understanding and prediction of wildland fires and their impacts; (C) to improve the understanding of the impacts of climate change, drought, and climate variability on wildland fires, including wildland fire risk, frequency, size, and severity; (D) to improve the understanding of long-term wildland fire management strategies, including natural fire regimes, and wildland fire prediction, mitigation, and resilience strategies; and (E) to improve the understanding of— (i) the response to wildland fire risk communications by individuals, communities, and policymakers; (ii) economic, social, and other factors influencing the implementation and adoption of wildland fire risk reduction measures by individuals, communities, and policymakers; and (iii) decision making regarding wildland fires and emergency response to wildland fires. (2) Wildland fire students and trainees The Director of the National Science Foundation shall support undergraduate and graduate research opportunities and graduate and postdoctoral fellowships and traineeships in fields of study relevant to wildland fires and their impacts. (c) Administrator of the National Oceanic and Atmospheric Administration (1) Research and development activities The Administrator of the National Oceanic and Atmospheric Administration shall support research and development activities, including research, observations, modeling, forecasting, prediction, and historical analysis of wildland fires and associated fire weather and smoke— (A) to improve understanding, prediction, detection, forecasting, monitoring, and assessments of wildland fires and associated fire weather and smoke for— (i) the protection of life, property, and natural resources; and (ii) the enhancement of the national economy; (B) to develop products and services to meet stakeholder needs; (C) to transition physical and social science research into operations; (D) to improve modeling and technology, including coupled fire-atmosphere fire behavior modeling, in consultation with relevant Federal agencies; (E) to improve the understanding of the links between fire weather events and subseasonal-to-climate impacts; and (F) to improve the forecasting and understanding of the impacts of prescribed fires and how such impacts differ from those of wildland fires which originate from an unplanned ignition. (2) Weather forecasting and decision support for wildland fires The Administrator shall— (A) develop and provide, in consultation with such Federal agencies as the Administrator considers appropriate, accurate, precise, timely, and effective risk communications, forecasts, watches, and warnings relating to wildland fires and fire weather events that endanger life and property, including— (i) red flag warnings; (ii) operational fire weather alerts; and (iii) any other warnings or alerts the Administrator deems appropriate; (B) provide relevant stakeholders and the public with impact-based decision support services, seasonal climate predictions, air quality products, and smoke forecasts; and (C) provide on-site weather forecasts, seasonal climate predictions, and other decision support to wildland fire incident command posts, including by deploying incident meteorologists for the duration of an extreme event. (3) Wildland fire data The Administrator shall contribute to and support the centralized, integrated data collaboration environment pursuant to section 4(2) and any other relevant Federal data systems by ensuring— (A) interoperability, usability, and accessibility of the National Oceanographic and Atmospheric Administration data and tools relating to wildland fires, associated smoke, and their impacts; (B) inclusion of historical wildland fire incident and fire weather data, and identifying potential gaps in such data; and (C) the acquisition or collection of additional data that is needed to advance wildland fire science. (4) Wildland fire and fire weather surveillance and observations The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Administrator of the National Aeronautics and Space Administration and in consultation with relevant stakeholders, shall— (A) leverage available observations, technologies, and assets and develop or acquire new technologies and data to sustain and enhance environmental observations used for wildland fire prediction and detection, fire weather and smoke forecasting and monitoring, and post-wildland fire recovery, with a focus on— (i) collecting data for pre-ignition analysis, such as drought, fuel conditions, and soil moisture, that will help predict severe wildland fire conditions on subseasonal to decadal timescales; (ii) supporting identification and classification of fire environments to determine vulnerability to wildland fires and rapid wildland fire growth; (iii) detecting, observing, and monitoring wildland fires and smoke; (iv) supporting research on the interaction of weather and wildland fire behavior; and (v) supporting post-fire assessments conducted by Program agencies and relevant stakeholders; (B) prioritize the ability to detect, observe, and monitor wildland fire and smoke in the requirements of the National Oceanic and Atmospheric Administration for current and future operational space-based assessments and commercial data purchases; and (C) not later than 1 year after the date of the enactment of this Act— (i) may offer to enter into contracts with one or more entities to obtain additional space-based and airborne remoting sensing data and observations that may enhance or supplement— (I) the understanding, monitoring, prediction, and mitigation of wildland fire risks; and (II) the relevant Program activities under section 4; and (ii) in carrying out clause (i), shall consult with private sector entities through the Advisory Committee established under section 6 to identify needed tools and data that can best be provided by satellites of the National Oceanic and Atmospheric Administration and are most beneficial to wildland fire smoke detection and monitoring. (5) Fire weather testbed In collaboration with Program agencies and other relevant stakeholders, the Administrator of the National Oceanic and Atmospheric Administration shall establish a fire weather testbed to evaluate physical and social science research, technology, and other available data and research to develop fire weather products and services for implementation by relevant stakeholders. (6) Extramural research The Administrator shall— (A) collaborate with and support the non-Federal wildland fire research community, which includes institutions of higher education, private entities, nongovernmental organizations, and other relevant stakeholders, by making funds available through competitive grants, contracts, and cooperative agreements; and (B) in carrying out the program under subparagraph (A), the Administrator, in collaboration with other relevant Federal agencies, may establish one or more national centers for prescribed fire and wildfire sciences that leverage Federal research and development with university and nongovernmental partnerships. (7) High performance computing The Administrator, in consultation with the Secretary of Energy, shall acquire high performance computing technologies and supercomputing technologies, leveraging existing resources, as practicable— (A) to conduct research and development activities; (B) to support the translation of Program-related research to operations; and (C) to host operational fire and smoke forecast models. (8) Incident meteorologist workforce assessment (A) In general Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives the results of an assessment of National Weather Service workforce and training challenges for incident meteorologists and a roadmap for overcoming the challenges identified. (B) Considerations The assessment described in subparagraph (A) shall take into consideration— (i) information technology support; (ii) logistical and administrative operations; (iii) anticipated weather and climate conditions; and (iv) feedback from relevant stakeholders. (C) Contents The assessment described in subparagraph (A) shall include, to the maximum extent practicable, an identification by the National Weather Service of— (i) the expected number of incident meteorologists needed over the next 5 years; (ii) potential hiring authorities necessary to overcome identified workforce and training challenges; and (iii) alternative services or assistance operations the National Weather Service could provide to meet operational needs. (d) Administrator of the Federal Emergency Management Agency (1) In general The Administrator of the Federal Emergency Management Agency shall support— (A) the development of community risk assessment tools and effective mitigation techniques for responding to wildland fires, including at the wildland-urban interface; (B) the collection and analysis of data relating to wildland and wildland-urban interface fire and operational response; (C) public outreach, education, and information dissemination relating to wildland fires and wildland fire risk; and (D) the promotion of wildland and wildland-urban interface fire preparedness and community risk reduction measures, including— (i) hardening the wildland-urban interface through proper construction materials; (ii) land use practices; (iii) sprinklers; (iv) assessment of State, local, Tribal, and territorial emergency response capacity and capabilities, including evacuation planning and evacuation routes; and (v) other tools and approaches as appropriate. (2) Fire-resistant practices In collaboration with the Director and the heads of such other Program agencies as the Administrator considers appropriate, the Administrator shall— (A) promote and assist in the implementation of research results; and (B) promote fire-resistant building, retrofit, and land use practices within the design and construction industry, including architects, engineers, contractors, builders, planners, code officials, and inspectors. (3) Knowledge transfer and dissemination The Administrator shall— (A) establish and operate a wildland fire preparedness and mitigation technical assistance program to assist State, Tribal, local, and territorial governments in using wildland fire mitigation strategies, including through the adoption and implementation of wildland and wildland-urban interface fire resistance codes, standards, and land use; (B) incorporate wildland and wildland-urban interface fire risk mitigation and loss avoidance data into the existing risk, mitigation, and loss avoidance analyses of the Federal Emergency Management Agency; (C) incorporate data on the adoption and implementation of wildland and wildland-urban interface fire resistant codes and standards into the hazard resistant code tracking resources of the Federal Emergency Management Agency; (D) translate new information and research findings into best practices to improve training and education for firefighter, fire service, and allied professions in wildland fire response, crew deployment, and wildland fire resilience, prevention, mitigation, and firefighting; (E) conduct outreach and disseminate information to fire departments regarding best practices for wildland and wildland-urban interface firefighting, education, training, and fireground deployment; and (F) develop resources regarding best practices for establishing or enhancing peer-support programs within wildland fire firefighting units. (4) Wildland fire hazard severity map The Administrator shall, in collaboration with such other heads of Program agencies and stakeholders as the Administrator considers appropriate, develop a national-level, interactive, and publicly accessible wildland fire hazard severity map that includes community and parcel level data and that can readily integrate with risk gradations within wildland and wildland-urban interface fire resistant codes and standards. (5) PFAS study The Administrator shall, in coordination with the Director and such other heads of Federal agencies as the Administrator considers appropriate, carry out a study to— (A) examine perfluoroalkyl and polyfluoroalkyl substances ( PFAS ) and other potentially harmful contaminants in firefighter gear, fire retardants, and wetting agents; (B) determine the lifecycle of firefighting garments; and (C) evaluate exposure risks based on different phases of the fire. (e) Administrator of the National Aeronautics and Space Administration (1) In general The Administrator of the National Aeronautics and Space Administration shall— (A) support relevant basic and applied scientific research and modeling; (B) ensure the use in the Program of all relevant National Aeronautics and Space Administration Earth observations data for maximum utility; (C) explore and apply novel tools and technologies in the activities of the Program; (D) support the translation of research to operations, including to Program agencies and relevant stakeholders; (E) facilitate the communication of wildland fire research, knowledge, and tools to relevant stakeholders; and (F) use commercial data where such data is available and accessible through existing Federal Government commercial contracts, agreements, or other means, and purchase data that is deemed necessary based on consultation with other Program agencies. (2) Research and development activities The Administrator shall support basic and applied wildland fire research and modeling activities, including competitively selected research— (A) to improve understanding and prediction of fire environments, wildland fires, associated smoke, and their impacts; (B) to improve the understanding of the impacts of climate change, drought, and climate variability on wildland fire risk, frequency, size, and severity; (C) to characterize the pre-fire phase and fire-inducing conditions, such as soil moisture and vegetative fuel availability; (D) to characterize the active fire phase, such as fire and smoke plume mapping, fire behavior and spread modeling, and domestic and global fire activity; (E) to characterize the post-fire phase, such as landscape changes, air quality, erosion, landslides, watershed impacts, and impacts on carbon distributions in ecosystem biomass; (F) to contribute to advancing predictive wildland fire models; (G) to address other relevant investigations and measurements prioritized by the National Academies of Sciences, Engineering, and Medicine Decadal Survey on Earth Science and Applications from Space; (H) to improve the translation of research knowledge into actionable information; (I) to develop research and data products, including maps, decision-support information, and tools, and support related training as appropriate and practicable; (J) to collaborate with other Program agencies and relevant stakeholders, as appropriate, on joint research and development projects, including research grant solicitations and field campaigns; and (K) to transition research advances to operations, including to Program agencies and relevant stakeholders, as practicable. (3) Wildland fire data systems and computational tools The Administrator shall— (A) identify, from the National Aeronautics and Space Administration’s Earth science data systems, data, including combined data products, that can contribute to improving the understanding, monitoring, prediction, and mitigation of wildland fires and their impacts, including data related to fire weather, plume dynamics, smoke and fire behavior, impacts of climate change, drought, and climate variability, land and property burned, and wildlife and ecosystem destruction, among other areas; (B) prioritize the dissemination of data identified under subparagraph (A) to the widest extent practicable to support relevant research and operations stakeholders; (C) consider opportunities to support the Program under section 3 and the Program activities under section 4 when planning and developing Earth observation satellites, instruments, and airborne measurement platforms; (D) identify opportunities, in collaboration with Program agencies and relevant stakeholders, to acquire additional airborne and space-based data and observations that may enhance or supplement the understanding, monitoring, prediction, and mitigation of wildland fire risks and other relevant Program activities under section 4, and consider such options as commercial solutions, including commercial data purchases, prize authority, academic partnerships, and ground-based or space-based instruments, as practicable and appropriate; and (E) jointly develop with Program agencies, and contribute data to, the centralized, integrated data collaboration environment pursuant to section 4(2) and any other relevant interagency systems, by— (i) collecting, organizing, and integrating the National Aeronautics and Space Administration’s scientific data, data systems, and computational tools related to wildland fires, associated smoke, and their impacts; and (ii) enhancing the interoperability, usability, and accessibility of the National Aeronautics and Space Administration’s scientific data, data systems, and computational tools, including— (I) observation and available real-time and near-real-time measurements; (II) derived science and data products, such as fuel conditions, risk and spread maps, and data products to represent the wildland-urban interface; (III) relevant historical and archival observations, measurements, and derived science and data products; and (IV) other relevant decision support and information tools. (4) Unified concept of operations The Administrator shall, in collaboration with such other heads of Program agencies and relevant stakeholders as the Administrators considers as practicable and appropriate, establish a program— (A) to develop and demonstrate a unified concept of operations for the safe and effective deployment of diverse air capabilities in active wildland fire monitoring, mitigation, and risk reduction; (B) to develop— (i) and demonstrate a wildland fire airspace operations system accounting for piloted aircraft, uncrewed aerial systems, and other new and emerging capabilities such as autonomous and high-altitude assets; (ii) an interoperable communications strategy to support such system; and (iii) a roadmap for the on-ramping of new technologies, capabilities, or entities into such system; and (C) to identify— (i) additional development, testing, and demonstration that would be required to expand the scale of program operations; (ii) actions that would be required to transition the unified concept of operations in subparagraph (A) into ongoing, operational use; and (iii) other objectives for the program, as deemed appropriate by the Administrator. (5) Sensing for active wildfire monitoring and risk mitigation The Administrator shall, in collaboration with such other heads of Program agencies and relevant stakeholders as the Administrator considers practicable and appropriate— (A) develop and demonstrate affordable and deployable sensing technologies to improve— (i) monitoring of fire fuel and active wildland fires; (ii) wildland fire behavior models and forecasts; (iii) mapping efforts; and (iv) the prediction of wildland fires and mitigation of their negative impacts; and (B) in carrying out subparagraph (A)— (i) conduct a pilot program to test and demonstrate technologies such as infrared, microwave, and radar sensors suitable for deployment on spacecraft, aircraft, uncrewed aerial systems, and ground-based in situ platforms, as appropriate and practicable; (ii) develop and demonstrate affordable and deployable sensing technologies that can be transitioned to operations for collection of near-real-time localized measurements; (iii) develop and demonstrate near-real-time data processing, availability, interoperability, and visualization, as practicable; (iv) identify opportunities and actions required, in collaboration with Program agencies and relevant stakeholders, to transition relevant technologies, techniques, and data to science operations upon successful demonstration of the feasibility and scientific utility of such technologies, techniques, and data; (v) transition demonstrated technologies, techniques, and data into ongoing, operational use, including to Program agencies and relevant stakeholders; (vi) prioritize and facilitate, to the greatest extent practicable, the dissemination of relevant scientific data to operations, including to Program agencies and relevant stakeholders; and (vii) consider opportunities for potential partnerships among industry, government, National Laboratories, academic institutions, non-profit organizations, and other relevant stakeholders. (f) Administrator of the Environmental Protection Agency (1) Research and development activities The Administrator of the Environmental Protection Agency shall support research and development activities— (A) to improve the understanding of— (i) wildland fire and smoke impacts on communities, and outdoor and indoor air quality, watersheds and water quality, and freshwater ecosystems; (ii) wildland fire smoke plume characteristics, chemical composition, chemical transformation, and transport; (iii) wildland fire and smoke impacts on contaminant containment and remediation; (iv) the contribution of wildland fire emissions to climate-forcing emissions; (v) differences between the impacts of prescribed fires, as compared to other wildland fires, on communities and air and water quality; and (vi) climate change, drought, and climate variability on wildland fires and smoke plumes, including on smoke exposure; (B) to develop and improve tools, sensors, and technologies, including databases and computational models, to accelerate the understanding, monitoring, and prediction of wildland fires and smoke exposure; and (C) to better integrate observational data, such as remote sensing data from academic, governmental, or commercial sources, into wildland fire and smoke characterization models to improve modeling at finer temporal and spatial resolutions. (2) Risk reduction communication strategies The Administrator shall, in coordination with such other heads of Federal agencies and stakeholders as the Administrator considers appropriate, promote the translation of research findings under this subsection and improve communication of wildland fire and smoke risk reduction strategies to the public. (g) Secretary of Energy (1) Research and development activities The Secretary of Energy shall, in collaboration with the National Laboratories, carry out research and development activities to advance tools, techniques, and technologies, as the Secretary considers applicable, for— (A) withstanding and addressing the current and projected impacts of wildland fires on energy sector infrastructure; (B) providing real-time or near-time awareness of the risks posed by wildland fires to the operation of energy infrastructure in affected and potentially affected areas, including by leveraging the Department of Energy’s high-performance computing capabilities and climate and ecosystem models; (C) early detection of malfunctioning, damaged, or otherwise hazardous electrical equipment on the transmission and distribution grid, including detection of spark ignition that may cause wildland fires, and assessment of competing technologies and strategies for addressing such hazards; (D) assisting with the planning, safe execution of, and safe and timely restoration of power after emergency power shut offs relating to wildland fire risk due to malfunctioning or damaged grid infrastructure; (E) improving electric grid and energy sector safety and resilience in the event of multiple simultaneous or co-located weather or climate events leading to extreme conditions, such as extreme wind, wildland fires, extreme cold, extreme or exceptional drought, and extreme heat; (F) improving coordination between utilities and relevant Federal agencies to enable communication, information-sharing, and situational awareness in the event of wildland fires that impact the electric grid; (G) wildland fire forecasting, spread, and ecosystem impact; (H) considering optimal building energy efficiency practices and distributed renewable energy resource strategies, as practicable, in wildland fire research; and (I) considering the use of real-time satellite views, sensing wind patterns, and tracking operations of energy infrastructure service coupled with artificial intelligence to quickly predict fire patterns once they have ignited and use these predictions to devise plans to prevent damage to energy sector infrastructure. (2) Transmission infrastructure resilience and risk reduction The Secretary shall coordinate data across relevant entities, including academic, governmental, National Laboratory, and other stakeholders, to improve the understanding of wildland fire and to promote resilience and wildland fire prevention in the planning, design, construction, operation, and maintenance of transmission infrastructure. (3) National laboratories The Secretary shall use the capabilities of the National Laboratories, including user facilities, earth and environmental systems modeling resources, and high-performance computing and data analytics capabilities, to improve the accuracy of efforts to understand and predict wildfire behavior and occurrence and mitigate negative wildland fire impacts. (4) Economic and social implications of power disruptions The Secretary shall foster engagement between the National Laboratories and practitioners, researchers, policy organizations, utilities, and other entities, as appropriate, to understand the economic and social implications of power disruptions caused by wildland fires, particularly within disadvantaged communities and regions vulnerable to wildland fires, including rural areas. 9. Budget activities Beginning with the first submittal of the budget of the President under section 1105(a) of title 31, United States Code, after the date of the enactment of this Act, the Director, the Director of the National Science Foundation, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Federal Emergency Management Agency, the Administrator of the National Aeronautics and Space Administration, the Administrator of the Environmental Protection Agency, and the Secretary of Energy shall each ensure that whenever the budget justification materials are submitted to Congress in support of their respective Federal agencies under such section, such budget justification materials include a description of the projected activities of the respective agency under the Program for the fiscal year covered by the budget and an estimate of the amount such agency plans to spend on such activities for the relevant fiscal year. 10. Authorization of appropriations for National Wildland Fire Risk Reduction Program (a) National Institute of Standards and Technology There are authorized to be appropriated to the National Institute of Standards and Technology to carry out this Act amounts as follows: (1) $35,800,000 for fiscal year 2022. (2) $36,100,000 for fiscal year 2023. (3) $36,400,000 for fiscal year 2024. (4) $36,700,000 for fiscal year 2025. (5) $37,100,000 for fiscal year 2026. (b) National Oceanic and Atmospheric Administration There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this Act amounts as follows: (1) $200,000,000 for fiscal year 2022. (2) $215,000,000 for fiscal year 2023. (3) $220,000,000 for fiscal year 2024. (4) $230,000,000 for fiscal year 2025. (5) $250,000,000 for fiscal year 2026. (c) Federal Emergency Management Agency There are authorized to be appropriated to the Administrator of the Federal Emergency Management Agency to carry out this Act amounts as follows: (1) $6,000,000 for fiscal year 2022. (2) $6,400,000 for fiscal year 2023. (3) $6,700,000 for fiscal year 2024. (4) $7,100,000 for fiscal year 2025. (5) $7,600,000 for fiscal year 2026. (d) National Aeronautics and Space Administration There are authorized to be appropriated to the National Aeronautics and Space Administration to carry out this Act amounts as follows: (1) $95,000,000 for fiscal year 2022. (2) $100,000,000 for fiscal year 2023. (3) $110,000,000 for fiscal year 2024. (4) $110,000,000 for fiscal year 2025. (5) $110,000,000 for fiscal year 2026. (e) Environmental Protection Agency There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out this Act amounts as follows: (1) $11,000,000 for fiscal year 2022. (2) $11,700,000 for fiscal year 2023. (3) $12,400,000 for fiscal year 2024. (4) $13,100,000 for fiscal year 2025. (5) $13,900,000 for fiscal year 2026. (f) Department of Energy There is authorized to be appropriated to the Department of Energy to carry out this Act amounts as follows: (1) $5,000,000 for fiscal year 2022. (2) $5,300,000 for fiscal year 2023. (3) $5,600,000 for fiscal year 2024. (4) $5,900,000 for fiscal year 2025. (5) $6,300,000 for fiscal year 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s4274is/xml/BILLS-117s4274is.xml |
117-s-4275 | II 117th CONGRESS 2d Session S. 4275 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Ms. Hirono (for herself, Mr. Booker , Ms. Duckworth , Mrs. Feinstein , Ms. Klobuchar , Mr. Luján , Mr. Padilla , Ms. Smith , Ms. Warren , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to award grants to eligible entities to carry out educational programs that include the history of peoples of Asian and Pacific Islander descent in the settling and founding of America, the social, economic, and political environments that led to the development of discriminatory laws targeting Asians and Pacific Islanders and their relation to current events, and the impact and contributions of Asian Americans to the development and enhancement of American life, United States history, literature, the economy, politics, body of laws, and culture, and for other purposes.
1. Short title This Act may be cited as the Teaching Asian Pacific American History Act . 2. Findings Congress finds the following: (1) The United States has benefitted from the integral role Asian Americans and Pacific Islanders have played in our Nation's history and contributions to the world. (2) The Pacific Island Territories of Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands have unique histories that are often overlooked in American history despite their immense contributions to our Nation. (3) The traditional American K–12 curriculum continues to be taught from a Eurocentric point of view and exclude histories of racist immigration laws relevant to policies today. (4) K–12 social studies textbooks poorly represent Asian Americans and Pacific Islanders, overlook the diversity within those communities, and print images of Asian Americans and Pacific Islanders in stereotypical roles. (5) The Federal Government, through support for educational activities of national museums established under Federal law, can assist teachers in efforts to incorporate historically accurate instruction on the comprehensive history of Asian Americans and Pacific Islanders and assist students in their exploration of Asian Pacific American history as an integral part of American history. (6) The history of America’s system of immigration is rife with racism, embedded in goals of hiring workers to work for cheaper wages and labor in heinous working conditions. (7) Congress has continuously passed anti-Asian laws as the result of the scapegoating of Asian immigrant laborers for the United States economic downturns. (8) The history of South Asian Americans in the United States dates back to the late 1700s. (9) The history of Native Hawaiians and Pacific Islanders in what is now considered to be the United States predates the founding of our Nation. (10) In 1993, Congress passed a resolution that was signed into law formally apologizing for the United States role in the illegal overthrow of the Kingdom of Hawaii, which resulted in the suppression of the inherent sovereignty of the Native Hawaiian people. (11) Twelve thousand Chinese laborers worked in atrocious conditions to build the Transcontinental Railroad, many dying from harsh weather conditions and the dangers of handling explosives. (12) The Page Act of 1875 was the United States first restrictive immigration law, which sought to prevent the entry of Asian women perceived as immoral or suspected of prostitution. (13) After the Chinese Exclusion Act of 1882 banned Chinese immigrants from immigrating to the United States, Japanese were hired. After the Japanese were banned from immigrating due to the Gentleman’s Agreement of 1907, which halted immigration from Japan, Filipinos were hired under 3-year contracts. (14) Filipino farm workers helped found the farm worker labor movement. (15) The Immigration Act of 1917 restricted immigration to the United States by barring immigration from the Asia-Pacific zone. (16) The Immigration Act of 1924 set a national origin quota to deter immigration. (17) President Franklin D. Roosevelt’s Executive Order 9066 authorized the incarceration of more than 120,000 persons of Japanese ancestry, two-thirds of whom were American citizens, based solely on race. (18) Beginning in 1954, the United States displaced more than 3,000,000 refugees from Cambodia, Laos, and Vietnam due to covert and overt United States military operations in Southeast Asia. (19) The Immigration Act of 1965 made family unification and skills-based migration the bedrock principle of immigration to the United States. (20) The United States-conducted nuclear testing on the Bikini and Enewetak Atoll of the Marshall Islands made parts of the island nation uninhabitable and caused forced migration and health complications that still impact the community today. (21) The United States ratified a Compact of Free Association with the Federated States of Micronesia, Republic of the Marshall Islands, and the Republic of Palau enabling citizens of these Pacific Island nations to legally migrate to the United States visa-free while the United States retains certain strategic military rights over their territorial waters. (22) In the aftermath of the Vietnam War, the Refugee Act of 1980 helped more than 500,000 Southeast Asians gain permanent resident status in the United States within the first decade of its passage. (23) The Pacific Islander community represents the largest concentration of any ethnic group enlisted in the United States military, as well as representing the highest numbers of casualties in the current wars on terror. (24) The model minority myth perpetuates the stigma of Asian Americans as perpetual foreigners, and such stereotypes are used to pit minority groups against one another. (25) The pattern of hate crimes and hate incidents directed at Asians and Asian Americans has repeated itself throughout history. (26) Asian-American and African-American histories of fighting against oppression and racism are intertwined, from the Black Power Movement of the 1960s that birthed the Asian American Movement to civil rights protests today. (27) Asian Americans and Pacific Islanders and their allies continue to fight discrimination, racial prejudice, hate crimes, scapegoating, structural racism, economic inequities, and benign and overt omission of the integral role they played in the development of this Nation. 3. American history and civics education (a) Program authorized Section 2231(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6661(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting , which shall include Asian Pacific American history, after American history ; and (2) in paragraph (2)— (A) by inserting which shall include Asian Pacific American history, after American history, ; and (B) by inserting , which shall include Asian Pacific American history after traditional American history . (b) Presidential and congressional academies for american history and civics Section 2232 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6662 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting , which shall include Asian Pacific American history, after American History ; and (B) in paragraph (2), by inserting , which shall include Asian Pacific American history, after American History ; (2) in subsection (c)(1), by inserting , which shall include Asian Pacific American history, after American history ; (3) in subsection (e)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting , which shall include Asian Pacific American history, after American history ; (ii) in subparagraph (A)— (I) by inserting , which shall include Asian Pacific American history, after teachers of American history ; and (II) by inserting , which shall include Asian Pacific American history, after subjects of American history ; and (iii) in subparagraph (B), by inserting , which shall include Asian Pacific American history, after American history ; (B) in paragraph (2), by inserting , which shall include Asian Pacific American history, after American history ; and (C) in paragraph (4), by inserting , and with the Smithsonian Institution’s Asian Pacific American Center to provide programs and resources for educators and students after National Parks ; and (4) in subsection (f)(1)— (A) in the matter preceding subparagraph (A), by inserting , which shall include Asian Pacific American history, after American history ; (B) in subparagraph (A), by inserting , which shall include Asian Pacific American history, after American history ; and (C) in subparagraph (B), by inserting , which shall include Asian Pacific American history, after American history . (c) National activities Section 2233 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6663 ) is amended— (1) in subsection (a), by inserting which shall include Asian Pacific American history, after American history, ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting which shall include Asian Pacific American history, after American history, ; and (B) in paragraph (1)(A), by inserting which shall include Asian Pacific American history, after American history, . (d) National assessment of educational progress Section 303(b)(2)(D) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(2)(D) ) is amended by inserting (which shall include Asian Pacific American history) after history . | https://www.govinfo.gov/content/pkg/BILLS-117s4275is/xml/BILLS-117s4275is.xml |
117-s-4276 | II 117th CONGRESS 2d Session S. 4276 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To improve services provided by the Department of Veterans Affairs for veteran families, and for other purposes.
1. Short title This Act may be cited as the Helping Heroes Act of 2022 . 2. Definitions In this Act: (1) Department The term Department means the Department of Veterans Affairs. (2) Disabled veteran The term disabled veteran has the meaning given that term in section 4211 of title 38, United States Code. (3) Educational service agency; local educational agency; other staff; school leader; specialized instructional support personnel The terms educational service agency , local educational agency , other staff , school leader , and specialized instructional support personnel have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Eligible child The term eligible child , with respect to an eligible veteran, means an individual who— (A) is a ward, child (including stepchild), grandchild, or sibling (including stepsibling or halfsibling) of the eligible veteran; and (B) is less than 18 years of age. (5) Eligible veteran The term eligible veteran means a disabled veteran who has a service-connected disability rated at 70 percent or more. (6) Family Coordinator The term Family Coordinator means an individual placed at a medical center of the Department pursuant to section 3. (7) Family Support Program The term Family Support Program means the program established under section 4. (8) Non-Department provider The term non-Department provider means a public or non-profit entity that is not an entity of the Department. (9) Secretary The term Secretary means the Secretary of Veterans Affairs. (10) Supportive services The term supportive services means services that address the social, emotional, and mental health, career-readiness, and other needs of eligible children, including— (A) wellness services, including mental, emotional, behavioral, and physical health and nutritional counseling and assistance; (B) peer-support programs for children; (C) assistance completing college admission and financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) of the Higher Education Act ( 20 U.S.C. 1090 ), and accessing veterans’ education benefits as defined under section 480(c)(2) of such Act ( 20 U.S.C. 1087vv ) that eligible children may be eligible to receive; (D) assistance with accessing workforce development programs, including programs providing the activities authorized under section 129 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164 ), and programs of vocational rehabilitation services, including programs authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (E) sports and recreation; (F) after-school care and summer learning opportunities; (G) dependent care, including home and community-based services; (H) other resources for low-income families; (I) assistance transitioning from active duty in the Armed Forces to veteran status; and (J) any other services or activities the Secretary considers appropriate to support the needs of eligible children. (11) Veteran-connected student The term “veteran-connected student” means a student whose parent or guardian previously served in the Armed Forces, a Reserve component of the Armed Forces, or the National Guard. 3. Requirements for family coordinators (a) In general Not later than three years after the date of the enactment of this Act, the Secretary shall— (1) place at each medical center of the Department not fewer than one Family Coordinator; and (2) ensure adequate staffing and resources at each such medical center to ensure Family Coordinators are able to carry out their duties. (b) Family Coordinators (1) Employment Each Family Coordinator placed at a medical center of the Department under subsection (a) shall be employed full-time by the Department as a Family Coordinator and shall have no other duties in addition to the duties of a Family Coordinator. (2) Qualifications To qualify to be a Family Coordinator under subsection (a), an individual shall— (A) be a social worker licensed in accordance with the requirements of the State in which such individual is employed; and (B) have a graduate degree in social work or a related field. (3) Duties Each Family Coordinator shall— (A) assess the needs of the families of veterans using evidence-based strategies; (B) build positive relationships with such families; (C) refer veterans to local, State, and Federal resources that support veterans and their families; (D) develop and maintain a list of— (i) supportive services offered by the medical center at which the Family Coordinator is placed; and (ii) supportive services offered at reduced or no cost by non-Department providers located in the catchment area of such medical center; and (E) develop and maintain on an internet website a list of family resources that shall be made available for all veterans in the catchment area of such medical center who are enrolled in the patient enrollment system of the Department established and operated under section 1705(a) of title 38, United States Code. 4. Establishment of family support program (a) In general Not later than one year after the date of the enactment of this Act, the Secretary shall establish a program to be known as the Family Support Program to provide and coordinate the provision of supportive services to eligible veterans and eligible children. (b) Implementation of family support program To carry out the Family Support Program, the Secretary shall— (1) provide supportive services through medical centers of the Department; (2) collaborate with relevant Federal agencies to provide supportive services; (3) provide financial assistance to non-Department providers pursuant to subsection (c); and (4) engage in any other activities the Secretary considers appropriate. (c) Financial assistance to non-Department providers (1) In general The Secretary may enter into contracts and award grants to provide financial assistance to eligible non-Department providers to participate in the Family Support Program. (2) Eligibility (A) In general The Secretary shall establish and make publicly available the criteria for a non-Department provider to be eligible for financial assistance under this subsection. (B) Criteria The criteria required by subparagraph (A) shall include requirements for a non-Department provider— (i) to provide a description of— (I) each supportive service proposed to be provided to eligible children; and (II) the demonstrated record of the non-Department provider in providing such supportive service; (ii) to demonstrate the ability to serve families of veterans in a manner that is trauma-informed and culturally and linguistically appropriate; and (iii) to agree to oversight by the Secretary regarding— (I) the use of financial assistance provided by the Department under this subsection; and (II) the quality of supportive services provided. (3) Notice The Secretary shall promptly provide to eligible non-Department providers selected by the Secretary to receive financial assistance under this subsection notice of the award of such financial assistance to ensure such providers have sufficient time to prepare to provide supportive services under the Family Support Program. (4) Authorized activities Financial assistance provided under this subsection shall be used to provide supportive services. (5) Training to recipients of financial assistance For each recipient of financial assistance under this subsection, the Secretary shall provide training and technical assistance regarding the planning, development, and provision of supportive services under the Family Support Program. (d) Coordination with other department of veterans affairs programs The Secretary shall share best practices with and facilitate referrals of eligible veterans and their families, as appropriate, from the Family Support Program to other programs of the Department, such as the program of support services for caregivers of veterans under section 1720G(b) of title 38, United States Code. (e) Reporting requirements (1) Annual report Not later than one year after the date of the commencement of the Family Support Program, and annually thereafter, each non-Department provider in receipt of financial assistance under the Family Support Program shall submit to the Secretary a report describing the supportive services carried out with such financial assistance during the year covered by such report. (2) Report to Congress (A) In general Not later than one year after the commencement of the Family Support Program, 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 progress of the Family Support Program. (B) Contents The report required by paragraph (1) shall include— (i) the number of eligible veterans and eligible children who received supportive services under the Family Support Program; (ii) the demographic data of eligible veterans and eligible family members, including— (I) the relationship to the eligible veteran; (II) age; (III) race; (IV) ethnicity; (V) gender identity; (VI) sexual orientation; (VII) disability; and (VIII) English proficiency and whether a language other than English is spoken at home; (iii) a summary of the supportive services carried out under the Family Support Program and the costs to the Department of such supportive services; and (iv) an assessment, measured by a survey of participants, of whether participation in the Family Support Program resulted in positive outcomes for eligible veterans and eligible children. 5. Veteran-connected student grant program (a) Authorization of grants (1) In general The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to local educational agencies in order to better meet academic, social, emotional, and mental health needs of veteran-connected students. (2) Eligibility A local educational agency shall be eligible for a grant under this section if such agency partners with a nearby medical center of the Department that employs at least one Family Coordinator. (3) Duration A grant awarded under this section shall be for a period of not more than five years. (4) Diversity of projects In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among local educational agencies that will serve geographically diverse areas, including urban, suburban, and rural areas. (5) Priorities In awarding grants under this section, the Secretary, in consultation with the Secretary of Education, shall give priority to applications that are submitted by local educational agencies that are in the highest quartile of local educational agencies in a ranking of all qualified local educational agencies in the State, ranked in descending order by the number and percentage of children in each agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ). (b) Application (1) In general In order to receive a grant under subsection (a), a local educational agency shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents An application submitted by an agency under paragraph (1) shall include— (A) a description of how the agency will identify veteran-connected students such as through survey instruments or data sharing agreements, in accordance with applicable Federal privacy laws; (B) a description of how the agency will collaborate with a Family Coordinator to increase wrap around supports provided to veteran-connected students and families of veterans, including how services will be provided by such agency or a medical center of the Department, as appropriate; (C) a description of how the agency will expand access to evidence-based academic supports for veteran-connected students, such as tutoring or college and career counseling, to improve the academic outcomes of such students; (D) an assurance that the agency will designate an employee of a local educational agency to serve as a liaison to families of veterans to coordinate with Family Coordinators to meet the academic, social, emotional, and mental health needs of veteran-connected students, including through the Family Support Program; and (E) a description of a preliminary memorandum of understanding signed between the agency and a partnering medical center of the Department detailing the financial, programmatic, and long-term commitments of each party to meet the academic, social, emotional, and mental health needs of veteran-connected students. (c) Uses of funds A local educational agency receiving a grant under this section shall use such grant to carry out one or more of the following: (1) Support activities to address the academic, social, emotional, and mental health needs of veteran-connected students. (2) Provide assistance to veteran-connected students to complete college admission applications and financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) of the Higher Education Act ( 20 U.S.C. 1090 ) and to access veterans’ education benefits as defined under section 480(c)(2) of such Act ( 20 U.S.C. 1087vv(c)(2) ) such individuals may be eligible to receive. (3) Improve mental health services and supports for veteran-connected students, including meeting the needs of such individuals who have experienced adverse childhood experiences or related trauma. (4) Provide professional development for Family Coordinators and for teachers, school leaders, specialized instructional support personnel, liaisons to families of veterans, and other staff employed by local educational agencies on the unique challenges facing veteran-connected students and families of veterans. (5) Conduct outreach and communicate with families of veterans to improve the involvement of veterans who are caregivers in the academic, social, emotional, and mental health needs of their children. (6) Hire and retain a liaison to families of veterans to provide supports to veteran-connected students and families of veterans. (7) Coordinate with Family Coordinators and support the provision of services through the Family Support Program. (d) Reporting requirements (1) Local reporting Not later than one year after a local educational agency receives a grant under this section, and annually thereafter, such agency shall submit to the Secretary a report containing such information as the Secretary may require, including— (A) the number and percentage of veteran-connected students served by the agency, disaggregated by demographic data; (B) information required under paragraph (1)(C)(ii) of section 1111(h) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h) ) and corresponding requirements under paragraph (2) of that section for all veteran-connected students served by the agency; and (C) a description of the academic, social, emotional, and mental health services provided to veteran-connected students, including whether such services were provided by the agency or through the Family Support Program. (2) Secretary reporting Not later than one year after receiving a report described in paragraph (1), the Secretary, in coordination with the Secretary of Education, shall— (A) prepare and submit to the Committee on Veterans' Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Veterans' Affairs and the Committee on Education and Labor of the House of Representatives a report that summarizes the report submitted under paragraph (1); and (B) make the report submitted under paragraph (1) publicly available on an internet website of the Department. (e) Supplement not supplant Grant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this section. (f) Disaggregation of data Disaggregation of data required under this section shall not be required when the number of students described in subsection (d)(1)(A) is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. 6. Outreach on availability of services The Secretary shall conduct an outreach program to ensure veterans who are enrolled in the patient enrollment system of the Department established and operated under section 1705(a) of title 38, United States Code, employees of the Department, and potential State, local, and Federal partners are informed of the Family Support Program and the availability of Family Coordinators. 7. Transition assistance Not later than one year after the date of the enactment of this Act, the Secretary shall include information regarding supportive services available for members of the Armed Forces who are being separated from active duty and their families, including mental health and other services for children, in the transition assistance curriculum offered by the Department. 8. Survey (a) In general Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary shall conduct a survey of disabled veterans and their families to identify and better understand the needs of such disabled veterans and their families. (b) Content The survey required under subsection (a) shall include questions with respect to— (1) the types and quality of support disabled veterans receive from the children of such disabled veterans; and (2) the unmet needs of such children. 9. Nondiscrimination Programs or activities receiving funds under this Act may not discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, disability status, or age. 10. Authorization of appropriations There are authorized to be appropriated to the Secretary such funds as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4276is/xml/BILLS-117s4276is.xml |
117-s-4277 | II 117th CONGRESS 2d Session S. 4277 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Rubio (for himself, Mr. Rounds , Mr. Braun , Mr. Inhofe , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require public institutions of higher education to disseminate information on the rights of, and accommodations and resources for, pregnant students, and for other purposes.
1. Short title This Act may be cited as the Pregnant Students’ Rights Act . 2. Findings Congress finds the following: (1) Female students who are enrolled at institutions of higher education and experiencing unplanned pregnancies may face pressure that their only option is to receive an abortion or risk academic failure. (2) 27.6 percent of all abortions in the United States are performed on women of college age, between the ages of 20 and 24, according to a 2019 report by the Centers for Disease Control and Prevention. (3) A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) or deprived of an alternative to receiving an abortion. (4) Additionally, women on college campuses may fear institutional reprisal, loss of athletic scholarship, and possible negative impact on academic opportunities. (5) An academic disparity exists because of the lack of resources, support, and notifications available for female college students who do not wish to receive an abortion or who carry their unborn babies to term. 3. Notice of pregnant student rights, accommodations, and resources Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended by adding at the end the following: (n) Pregnant Students’ Rights, Accommodations, and Resources (1) Information dissemination activities; establishment of protocol (A) In general Each public institution of higher education participating in any program under this title shall— (i) in a manner consistent with title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), carry out the information dissemination activities described in subparagraph (B) for admitted but not enrolled and enrolled students (including those attending or planning to attend less than full time) on the rights and resources (including protections and accommodations) for pregnant students (or students who may become pregnant) while enrolled at such institution of higher education that— (I) exclude abortion services; (II) may help such a student carry their unborn babies to term; and (III) include information on how to file a complaint with the Department if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) by the institution on account of such student’s pregnancy; and (ii) establish a protocol to meet with a student described in clause (i)(III), which shall include a meeting with relevant leadership at the institution of higher education, and other relevant parties. (B) Description of information dissemination requirements The information dissemination activities described in this subparagraph shall include— (i) annual campus-wide emails; or (ii) the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education. (2) Annual report to Congress (A) In general Each public institution of higher education participating in any program under this title shall— (i) on an annual basis, compile and submit to the Secretary— (I) responses to the questions described in subparagraph (B) from students enrolled at such institution of higher education who voluntarily provided such responses; and (II) a description of any actions taken by the institution of higher education to address each complaint by a student that there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) by the institution on account of such student’s pregnancy, including any actions taken in accordance with the protocol established under paragraph (1)(A)(ii); and (ii) ensure that any such responses remain confidential and do not reveal any personally identifiable information with respect to a student. (B) Questions for enrolled students The questions described in this subparagraph shall include— (i) if such student experienced an unexpected pregnancy while enrolled at the institution of higher education; (ii) if such student felt there were adequate resources on campus relating to protections, accommodations, and other resources for pregnant students besides abortion-related services; (iii) if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) by the institution on account of such student’s pregnancy; and (iv) if such student considered dropping out or withdrawing from classes because of pregnancy, new motherhood, stillbirth, or miscarriage. (C) Report The Secretary shall, on an annual basis— (i) prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and (ii) submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate. . | https://www.govinfo.gov/content/pkg/BILLS-117s4277is/xml/BILLS-117s4277is.xml |
117-s-4278 | II 117th CONGRESS 2d Session S. 4278 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mrs. Feinstein (for herself, Mr. Blumenthal , Mr. Casey , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit the purchase of certain firearms by individuals under 21 years of age, and for other purposes.
1. Short title This Act may be cited as the Age 21 Act . 2. Prohibition on purchase of certain firearms by individuals under 21 years of age (a) Definitions Section 921(a) of title 18, United States Code, is amended— (1) by inserting after paragraph (29) the following: (30) The term semiautomatic pistol means any repeating pistol that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. (31) The term semiautomatic shotgun means any repeating shotgun that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. ; and (2) by adding at the end the following: (37) The term semiautomatic assault weapon means any of the following, regardless of country of manufacture or caliber of ammunition accepted: (A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any one of the following: (i) A pistol grip. (ii) A forward grip. (iii) A folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon. (iv) A grenade launcher. (v) A barrel shroud. (vi) A threaded barrel. (B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. (D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: (i) A threaded barrel. (ii) A second pistol grip. (iii) A barrel shroud. (iv) The capacity to accept a detachable magazine at some location outside of the pistol grip. (v) A semiautomatic version of an automatic firearm. (vi) A manufactured weight of 50 ounces or more when unloaded. (vii) A stabilizing brace or similar component. (E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (F) A semiautomatic shotgun that has any one of the following: (i) A folding, telescoping, or detachable stock. (ii) A pistol grip. (iii) A fixed magazine with the capacity to accept more than 5 rounds. (iv) The ability to accept a detachable magazine. (v) A forward grip. (vi) A grenade launcher. (G) Any shotgun with a revolving cylinder. (H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM. (II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (ii) All AR types, including the following: (I) AR–10. (II) AR–15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15–T. (VI) Barrett REC7. (VII) Beretta AR–70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM–4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA–15 rifles. (XXIV) Jesse James Nomad AR–15 rifle. (XXV) Knight’s Armament SR–15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R–15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR–15. (XXXVI) Sig Sauer SIG516 rifles and MCX rifles. (XXXVII) SKS with a detachable magazine. (XXXVIII) Smith & Wesson M&P15 rifles. (XXXIX) Stag Arms AR rifles. (XL) Sturm, Ruger & Co. SR556 and AR–556 rifles. (XLI) Uselton Arms Air-Lite M–4 rifles. (XLII) Windham Weaponry AR rifles. (XLIII) WMD Guns Big Beast. (XLIV) Yankee Hill Machine Company, Inc. YHM–15 rifles. (iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C. (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. (x) Feather Industries AT–9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU–16, and RFB. (xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX. (xvii) Springfield Armory SAR–48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF. (xx) All Thompson rifles, including the following: (I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1–C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. (xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK–47 types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK–47 pistol. (IV) HCR AK–47 pistol. (V) IO Inc. Hellpup AK–47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK–47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR–15 types, including the following: (I) American Spirit AR–15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR–15 pistol. (VIII) Jesse James Nomad AR–15 pistol. (IX) Olympic Arms AR–15 pistol. (X) Osprey Armament MK–18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M–4 pistol. (iii) Calico Liberty pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP–9 and MP–45. (vi) Heckler & Koch model SP–89 pistol. (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9. (viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) The following MAC types: (I) MAC–10. (II) MAC–11. (III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. (IV) Military Armament Corp. Ingram M–11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the following: (I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) DERYA Anakon MC–1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW–12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the following: (I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP–01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K–030. (VI) IZHMASH Saiga 12K–040 Taktika. (v) Streetsweeper. (vi) Striker 12. (K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495. (L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. (M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K). (38) The term large capacity ammunition feeding device — (A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, 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. (39) The term barrel shroud — (A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and (B) does not include— (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (40) The term detachable magazine means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action. (41) The term fixed magazine means an ammunition feeding device that is permanently fixed to the firearm in such a manner that it cannot be removed without disassembly of the firearm. (42) The term folding, telescoping, or detachable stock means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. (43) The term forward grip means a grip located forward of the trigger that functions as a pistol grip. (44) The term grenade launcher means an attachment for use on a firearm that is designed to propel a grenade or other similar destructive device. (45) The term pistol grip means a grip, a thumbhole stock or Thordsen-type grip or stock, or any other characteristic that can function as a grip. (46) The term threaded barrel means a feature or characteristic that is designed in such a manner to allow for the attachment of a device such as a firearm silencer or a flash suppressor. (47) The term belt-fed semiautomatic firearm means any repeating firearm that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (B) requires a separate pull of the trigger to fire each cartridge; and (C) has the capacity to accept a belt ammunition feeding device. . (b) Prohibition Chapter 44 of title 18, United States Code, is amended— (1) in section 922— (A) in subsection (b)— (i) in paragraph (1)— (I) by inserting (A) after (1) ; and (II) by inserting or after the semicolon; and (ii) by adding at the end the following: (B) any large capacity ammunition feeding device to any individual who the licensee knows or has reasonable cause to believe is less than 21 years of age; ; (B) in subsection (c)(1), by inserting a large capacity ammunition feeding device or before any firearm other than ; and (C) in subsection (x)— (i) in paragraph (1), by striking a juvenile— and all that follows through handgun. and inserting the following: less than 21 years of age— (A) a handgun; (B) a semiautomatic assault weapon; (C) a large capacity ammunition feeding device; or (D) ammunition that is suitable for use only in a handgun or semiautomatic assault weapon. ; (ii) in paragraph (2), by striking a juvenile and all that follows through handgun. and inserting the following: less than 21 years of age to knowingly possess— (A) a handgun; (B) a semiautomatic assault weapon; (C) a large capacity ammunition feeding device; or (D) ammunition that is suitable for use only in a handgun or semiautomatic assault weapon. ; (iii) by striking paragraphs (3), (4), and (5) and inserting the following: (3) This subsection does not apply to— (A) a temporary transfer of a covered firearm or covered ammunition to a person who is less than 21 years of age or to the possession or use of a covered firearm or covered ammunition by a person who is less than 21 years of age if— (i) the covered firearm or covered ammunition is possessed and used by the person in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a covered firearm; (ii) the covered firearm or covered ammunition is possessed and used by the person with the prior written consent of the person's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except— (I) during transportation by the person of an unloaded covered firearm in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the person of that covered firearm, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a person who is less than 21 years of age may possess and use a covered firearm or covered ammunition with the prior written approval of the person's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the person has the prior written consent in the person's possession at all times when a covered firearm or covered ammunition is in the possession of the person; and (iv) the covered firearm or covered ammunition is possessed and used by the person in accordance with State and local law; (B) a person who is less than 21 years of age who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a covered firearm or covered ammunition in the line of duty; (C) a transfer by inheritance of title (but not possession) of a covered firearm or covered ammunition to a person who is less than 21 years of age; or (D) the possession of a covered firearm or covered ammunition by a person who is less than 21 years of age taken in defense of the person or other individuals against an intruder into the residence of the person or a residence in which the person is an invited guest. (4) A covered firearm or covered ammunition, the possession of which is transferred to a person who is less than 21 years of age in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the person who is less than 21 years of age subsequently becomes unlawful because of the conduct of the person who is less than 21 years of age, but shall be returned to the lawful owner when such covered firearm or covered ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection— (A) the term covered ammunition means ammunition that is suitable for use only in a handgun or a semiautomatic assault weapon; and (B) the term covered firearm means— (i) a handgun; (ii) a semiautomatic assault weapon; or (iii) a large capacity ammunition feeding device. ; and (iv) in paragraph (6)— (I) in subparagraph (A), by striking a juvenile defendant's parent or legal guardian and inserting the parent or legal guardian of a defendant who is less than 21 years of age ; and (II) in subparagraph (C), by striking a juvenile defendant and inserting a defendant who is less than 21 years of age ; and (2) in section 924(a)(6)— (A) in subparagraph (A)— (i) in clause (i), by striking juvenile each place the term appears and inserting person who is less than 21 years of age ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking juvenile and inserting person who is less than 21 years of age ; (II) in subclause (I)— (aa) by striking juvenile and inserting person who is less than 21 years of age ; and (bb) by striking handgun or ammunition and inserting covered firearm or covered ammunition ; and (III) in subclause (II), by striking juvenile has and inserting person who is less than 21 years of age has ; and (B) in subparagraph (B)— (i) by striking juvenile each place the term appears and inserting person who is less than 21 years of age ; and (ii) by striking handgun or ammunition each place the term appears and inserting covered firearm or covered ammunition . | https://www.govinfo.gov/content/pkg/BILLS-117s4278is/xml/BILLS-117s4278is.xml |
117-s-4279 | II 117th CONGRESS 2d Session S. 4279 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To increase efficiency and conservation in public water systems, and for other purposes.
1. Short title This Act may be cited as the Water Efficiency, Conservation, and Sustainability Act of 2022 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Eligible entity The term eligible entity means any of the following: (A) A State, local, or Tribal government, or any special-purpose unit of such a government (including a municipal water authority). (B) A public water system. (C) A nonprofit organization. (3) Energy Star program The term Energy Star program means the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ). (4) Low-income household The term low-income household includes a household that is— (A) eligible to receive payments under— (i) section 2605(b)(2) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(b)(2) ); or (ii) the Low-Income Household Drinking Water and Wastewater Emergency Assistance Program authorized by section 533 of division H of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1627); or (B) within a disadvantaged community (as defined in section 1452(d)(3) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d)(3) )). (5) Public water system The term public water system has the meaning given the term in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f ). (6) Water efficiency incentive program The term water efficiency incentive program means a program for providing incentives, including direct installation services, to residential, commercial, or industrial customers of a public water system for the purchase, lease, installation, use, or implementation, as applicable, of water-efficient upgrades. (7) Water-efficient upgrade (A) In general The term water-efficient upgrade means a product, landscape, label, process, or service for a residential, commercial, or industrial building, or the landscape of such a building, that is— (i) rated for water efficiency and performance under the WaterSense program, the Energy Star program, or such other methodology as determined to be appropriate by the Administrator; or (ii) otherwise determined by the Administrator to improve water-use efficiency. (B) Inclusions The term water-efficient upgrade includes— (i) a faucet; (ii) a showerhead; (iii) a dishwasher; (iv) a toilet; (v) a clothes washer; (vi) an irrigation product or service; (vii) advanced metering infrastructure; (viii) a flow monitoring device; (ix) a landscaping or gardening product, including moisture control or water-enhancing technology; (x) xeriscaping, turf removal, or another landscape conversion that reduces water use (except for the installation of artificial turf); and (xi) any other product, landscape, process, or service— (I) certified pursuant to the WaterSense program; or (II) otherwise determined by the Administrator to reduce water use or water loss, including products rated for water efficiency and performance under the Energy Star program. (8) Water loss control program The term water loss control program means a program to identify and quantify water uses and losses, implement controls to reduce or eliminate losses and leaks, and evaluate the effectiveness of such controls. (9) WaterSense program The term WaterSense program means the program established by section 324B of the Energy Policy and Conservation Act ( 42 U.S.C. 6294b ). 3. Water efficiency and conservation grant program (a) In general The Administrator shall establish a program to award grants to eligible entities that have established water efficiency incentive programs to carry out those water efficiency incentive programs (referred to in this section as the grant program ). (b) Distribution In carrying out the grant program, the Administrator shall award not less than 50 percent of the amounts made available to carry out this section in each fiscal year to eligible entities that service an area that— (1) has been designated as D2 (severe drought) or greater according to the United States Drought Monitor for a minimum of 4 weeks during any of the 3 years preceding the date of the grant award; or (2) is within a county for which a drought emergency has been declared by the applicable Governor at any time during the 3-year period preceding the date of the grant award. (c) Grant amount (1) In general Subject to paragraph (2), a grant awarded under the grant program shall be in an amount that is not less than $250,000. (2) Small public water systems The Administrator may award a grant in an amount that is less than $250,000 if the grant is awarded to, or for the benefit of, a public water system that serves fewer than 10,000 customers. (d) Use of funds An eligible entity receiving a grant under the grant program shall— (1) use grant funds to carry out a water efficiency incentive program for customers of a public water system; or (2) provide grant funds to another eligible entity to carry out a water efficiency incentive program described in paragraph (1). (e) Minimum requirement An eligible entity receiving a grant under the grant program shall use not less than 40 percent of the amount of the grant to provide water-efficient upgrades to low-income households. (f) Cost share (1) In general Subject to paragraph (2), the Federal share of the cost of carrying out a water efficiency incentive program using a grant awarded under the grant program shall not exceed 80 percent. (2) Waiver The Administrator may increase the Federal share under paragraph (1) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. (g) Supplement, not supplant Amounts provided under a grant under the grant program shall be used to supplement, and not supplant, other Federal, State, local, or Tribal funds made available to carry out water efficiency incentive programs. (h) 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 2028. (2) Administrative costs Of the amounts made available under paragraph (1) for grants under the grant program each fiscal year, the Administrator may use not more than 4 percent to pay the administrative costs of the Administrator. 4. Sustainable water loss control program (a) Technical assistance and grant program The Administrator shall establish and carry out a program (referred to in this section as the program )— (1) to make grants and provide technical assistance to eligible entities to perform annual audits of public water systems that are— (A) conducted in accordance with the procedures contained in the manual published by the American Water Works Association entitled M36 Water Audits and Loss Control Programs, Fourth Edition (or any successor manual determined appropriate by the Administrator); and (B) validated under such criteria as may be specified by the Administrator; and (2) to make grants and provide technical assistance to eligible entities— (A) to implement controls to address real losses, apparent losses, or a combination of real and apparent losses that are identified in an audit conducted and validated in accordance with the procedures and criteria described in paragraph (1); and (B) to help public water systems that have conducted and validated such an audit establish water loss control programs. (b) Criteria In selecting eligible entities to receive grants and technical assistance under the program, the Administrator shall consider— (1) the percentage of customers of the public water system that would be served by the grants or technical assistance that are low-income households; and (2) the ability of the public water system that would be served by the grants or technical assistance, on completion of an audit conducted and validated in accordance with the procedures and criteria described in subsection (a)(1)— (A) to successfully sustain a water loss control program; and (B) to demonstrate that the water loss control program will reduce real losses, apparent losses, or a combination of real and apparent losses in the public water system. (c) Annual water savings The Administrator shall— (1) annually compile, by Environmental Protection Agency region, information on the amount of water savings achieved pursuant to this section; and (2) publish on the website of the Administrator the information compiled under paragraph (1). (d) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2023 through 2028, of which— (A) $20,000,000 each fiscal year shall be used to carry out subsection (a)(1); and (B) $20,000,000 each fiscal year shall be used to carry out subsection (a)(2). (2) Administrative costs Of the amounts made available under paragraph (1) for grants under the program each fiscal year, the Administrator may use not more than 4 percent to pay the administrative costs of the Administrator. 5. Assistance for water efficient plumbing code adoption (a) Water efficient plumbing codes The Administrator shall establish a program to make grants to States, Tribal governments, and units of local government that have authority to adopt plumbing codes— (1) to adopt plumbing codes that meet or exceed— (A) the latest American National Standard published as the Water Efficiency and Sanitation Standard for the Built Environment or WE–Stand (or any successor American National Standard); or (B) the requirements described in Chapter 6 (Water Use Efficiency) of the code published by the International Code Council entitled 2018 International Green Construction Code (IGCC) (or any successor requirements described in a code published by the International Code Council); and (2) to implement a plan for the jurisdiction to achieve, within 5 years of the date on which the jurisdiction receives the grant, compliance with a plumbing code described in paragraph (1) in at least 90 percent of new and renovated residential, commercial, and industrial buildings, as applicable, which shall include— (A) workforce training; (B) an enforcement program; and (C) a compliance measurement program. (b) Subgrant authority A State that has adopted a plumbing code described in subsection (a)(1) may use funds from a grant under this section to make subgrants to relevant Tribal or local agencies to implement the plumbing code through 1 or more of the following: (1) Workforce training. (2) An enforcement program. (3) A compliance measurement program. (c) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023 through 2028. (2) Administrative costs Of the amounts made available under paragraph (1) for grants under this section each fiscal year, the Administrator may use not more than 4 percent to pay the administrative costs of the Administrator. | https://www.govinfo.gov/content/pkg/BILLS-117s4279is/xml/BILLS-117s4279is.xml |
117-s-4280 | II 117th CONGRESS 2d Session S. 4280 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Coons (for himself and Mr. Whitehouse ) 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 remove carbon dioxide directly from ambient air or seawater, and for other purposes.
1. Short title This Act may be cited as the Federal Carbon Dioxide Removal Leadership Act of 2022 . 2. Federal requirement to remove carbon dioxide (a) Definitions In this section: (1) Eligible technology (A) In general The term eligible technology means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. (B) Exclusion The term eligible technology does not include any equipment, technique, or technology that— (i) removes carbon dioxide that is deliberately released from naturally occurring subsurface springs; or (ii) removes carbon dioxide through natural photosynthesis, subject to subparagraph (C). (C) Other eligible technology (i) In general Notwithstanding subparagraph (B)(ii), the term eligible technology , with respect to a project for the removal of carbon dioxide carried out by an entity with which the Secretary enters into a contract under subsection (c), includes any equipment, technique, or technology used in the project that removes carbon dioxide using gasification or pyrolysis of solid, nonhazardous, and cellulosic waste materials if the Secretary, by rule, determines that the equipment, technique, or technology, as applicable, is capable of— (I) adequately monitoring, reporting, and verifying the amount of greenhouse gas emissions (calculated on a lifecycle basis) that are associated with the equipment, technique, or technology; and (II) adequately mitigating the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with the equipment, technique, or technology. (ii) Rule The Secretary shall review any rule promulgated pursuant to clause (i) not less frequently than once every 6 years after the date on which the rule is promulgated. (2) Lifecycle basis The term lifecycle basis means the net sum of all greenhouse gas emissions (using mass values for all greenhouse gases that are adjusted to account for their relative global warming potential, in consultation with the Administrator of the Environmental Protection Agency) and removals associated with carbon dioxide removal activity, including any emissions associated with— (A) energy and feedstock inputs; (B) the carbon dioxide removal process; and (C) carbon dioxide storage, including use and disposal of any materials or products associated with carbon dioxide storage. (3) Remove The term remove , with respect to carbon dioxide, means— (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide— (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. (4) Secretary The term Secretary means the Secretary of Energy. (5) Small removal project The term small removal project means a project for the removal of carbon dioxide that removes not more than 5 percent of the net metric tons of carbon dioxide required to be removed under subsection (b)(1) for the fiscal year in which the project begins. (b) Removal requirement (1) Amounts The Secretary shall, if economically feasible as determined under paragraph (2), remove— (A) 50,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2024 and 2025; (B) 500,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2026 through 2028; (C) 5,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2029 through 2034; and (D) 10,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for fiscal year 2035 and each fiscal year thereafter. (2) Economic feasibility (A) In general The removal of carbon dioxide under paragraph (1) shall be considered economically feasible if the removal can be accomplished, or in the case of a contract under subsection (c), purchased— (i) for each of fiscal years 2024 and 2025, at a price per metric ton of carbon dioxide of not more than $550; (ii) for each of fiscal years 2026 through 2028, at a price per metric ton of carbon dioxide of not more than $400; (iii) for each of fiscal years 2029 through 2031, at a price per metric ton of carbon dioxide of not more than $300; (iv) for each of fiscal years 2032 through 2034, at a price per metric ton of carbon dioxide of not more than $200; and (v) for fiscal year 2035 and each fiscal year thereafter, at a price per metric ton of carbon dioxide of not more than $150. (B) Inclusion of monitoring, reporting, and verification costs For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). (C) Multiyear contracts The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. (3) Timing For each fiscal year, the Secretary shall remove the amount of carbon dioxide required under paragraph (1) for that fiscal year not later than 3 years after the beginning of that fiscal year. (4) Small removal project set-aside To the extent practicable, at least 20 percent of the net metric tons of carbon dioxide required to be removed under paragraph (1) for each of fiscal years 2024 through 2034 shall be removed through small removal projects. (c) Contracts for projects To remove carbon dioxide (1) In general To meet the requirements of subsection (b), the Secretary may enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. (2) Duration A contract entered into under paragraph (1) shall be for a term of not more than 15 years. (3) Priorities In entering into contracts under paragraph (1), the Secretary shall give priority to contracts for projects that— (A) minimize the amount of greenhouse gas emissions released by carrying out the project; (B) support the commercialization of innovative removal technologies; (C) increase the diversity of commercially available eligible technologies; (D) provide the greatest potential for domestic job creation; (E) result in economic development or economic diversification in regions or localities that have historically generated significant economic activity from the production, processing, transportation, or combustion of fossil fuels, including through the use of coal mines, fossil fuel-fired electricity generating units, and petroleum refining facilities; (F) quantify and mitigate the effect of removing carbon dioxide on environmental justice, the environment, and public health; and (G) include robust public engagement and community benefits. (d) Monitoring, reporting, and verification (1) In general The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. (2) Best practices The Secretary shall ensure that any project carried out under a contract entered into under subsection (c) shall follow the best available practices, as determined by the Secretary, for monitoring, reporting, and verifying the net metric tons of carbon dioxide removed under the project, including best practices that— (A) are used by similar carbon dioxide removal projects; and (B) are necessary to ensure safe, effective, and efficient removal of carbon dioxide. (3) Prohibition on double counting Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection. (e) Federal assistance Funds received pursuant to a contract entered into under subsection (c) shall not be considered Federal assistance or otherwise affect eligibility for any Federal assistance, including a tax incentive. (f) Report Not later than January 1, 2027, and every 2 years thereafter, the Secretary shall submit to Congress, and make publicly available, a report that describes the progress made in carrying out the requirements of this section, including— (1) the amounts of carbon dioxide removed during the period covered by the report, as verified pursuant to subsection (d); (2) the total price, and price per metric ton, of removing carbon dioxide for each applicable fiscal year during the period covered by the report; (3) the methods of monitoring, reporting, and verification required under subsection (d); (4) an assessment, to the extent practicable, of how the amounts of carbon dioxide removed during the period covered by the report have affected environmental justice, the environment, and public health; and (5) information on any labor impact or job creation resulting from carrying out the requirements of this section during the period covered by the report. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4280is/xml/BILLS-117s4280is.xml |
117-s-4281 | II 117th CONGRESS 2d Session S. 4281 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Cassidy (for himself, Ms. Warren , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit data brokers from selling, reselling, trading, licensing, or otherwise providing for consideration lists of military servicemembers to a covered nation.
1. Short title This Act may be cited as the Protecting Military Servicemembers' Data Act of 2022 . 2. Unfair and deceptive acts and practices relating to military servicemember lists (a) In general It shall be unlawful for a data broker to sell, resell, license, trade, or otherwise provide or make available for consideration a military servicemember list to any covered nation. (b) Effective date The prohibition under subsection (a) shall take effect on the earlier of— (1) the date the Commission issues the final rule under section 3(a)(3); or (2) 1 year after the date of enactment of this Act. 3. Enforcement (a) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of Commission (A) In general Except as provided in subparagraphs (D) and (E), the Commission shall enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (D) Nonprofit organizations Notwithstanding section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B), with respect to organizations not organized to carry on business for their own profit or that of their members. (E) Independent litigation authority In any case in which the Commission has reason to believe that a data broker is violating or has violated section 2, the Commission may bring a civil action in an appropriate district court of the United States— (i) to enjoin further violation of such section by such person; (ii) to compel compliance with such section; and (iii) to obtain damages, restitution, or other compensation on behalf of aggrieved consumers. (3) Rulemaking Pursuant to section 553 of title 5, United States Code, the Commission shall promulgate regulations to carry out the provisions of this Act. The Commission shall issue a final rule by not later than 1 year after the date of enactment of this Act. (b) Enforcement by States (1) In general In any case in which 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 the engagement of any data broker subject to section 2 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (2) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by Federal Trade Commission If the Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. 4. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Consumer The term consumer means an individual residing in a State. (3) Covered nation The term covered nation has the meaning given that term in section 4872(d)(2) of title 10, United States Code. (4) Data broker The term data broker means a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship. (5) Military servicemember list The term military servicemember list means a list that includes personal information (other than public record information) about one or more individuals or households which is created for the express or implied purpose of compiling information about individuals who are current or former servicemembers (as that term is defined in section 3911(1) of title 50, United States Code). (6) Personal information The term personal information means information that is linked or reasonably linkable to any identified or identifiable person or device. (7) Public record information The term public record information means information that is lawfully made available from Federal, State, or local government records provided that the data broker processes and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity. (8) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. | https://www.govinfo.gov/content/pkg/BILLS-117s4281is/xml/BILLS-117s4281is.xml |
117-s-4282 | II 117th CONGRESS 2d Session S. 4282 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Portman introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To provide COVID relief for restaurants, and for other purposes.
1. Short title This Act may be cited as the Restaurant Relief 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—Restaurant Revitalization Fund replenishment and improvements Sec. 101. Appropriation. Sec. 102. Insufficient funding. Sec. 103. Data transparency and customer service. Sec. 104. Oversight and audits. Sec. 105. Requirement of continuing operation. TITLE II—Extension of suspension of rebate rule Sec. 201. Extension of moratorium on implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates. TITLE III—Budgetary effects Sec. 301. Emergency designation. I Restaurant Revitalization Fund replenishment and improvements 101. Appropriation Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (A)— (i) by striking $28,600,000,000 and inserting $68,600,000,000 ; and (ii) by inserting , of which not more than $250,000,000 shall be for administrative expenses to carry out this section and of which $20,000,000 shall be for the Inspector General of the Small Business Administration for audits of grants under this section to investigate fraud and to identify improper payments and ineligible recipients, and for other necessary expenses of the Office of the Inspector General before the period at the end; and (B) in subparagraph (B)(i)(II), by striking $23,600,000,000 and inserting any remaining amounts not used for a purpose authorized under subparagraph (A) or clause (i) of this subparagraph ; and (2) in subsection (c)— (A) in paragraph (1), by striking and paragraph (3) ; and (B) by striking paragraph (3). 102. Insufficient funding Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) is amended by adding at the end the following: (d) Insufficient funding (1) In general If the Administrator determines that the amounts made available to carry out this section are insufficient to make grants in the amount provided in subsection (c)(4) to each eligible entity that has submitted an application in accordance with the program guidelines in effect on the day before the date of enactment of this subsection, but has not received an award as of such date, the Administrator shall make grants with the available amounts to each such eligible applicant— (A) such that the amount of the grant that each such eligible entity would have otherwise received under this section is reduced by an equal percentage; (B) by establishing a maximum amount for a grant made under this subsection to ensure that smaller eligible entities still receive grants in the amounts provided under subsection (c)(4); or (C) by providing full awards in the amounts provided under subsection (c)(4) below a certain threshold (as the Administrator may establish) and reducing grants above that threshold by an equal percentage. (2) Reserving funds Nothing in paragraph (1) shall prevent the Administrator from— (A) reserving funding for applicants that may be determined to be eligible for a grant under this section upon reconsideration; or (B) making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund grants to all eligible applicants is established, upon the completion of the reconsideration process. . 103. Data transparency and customer service Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ), as amended by section 102 of this Act, is amended by adding at the end the following: (e) Reports The Administrator shall— (1) on a biweekly basis until the amounts made available to carry out this section are fully expended, publish data that shows, for the period beginning on the date on which the Administrator began making grants under this section and ending on the date on which the information is published— (A) with respect to applications for grants under this section, the number of those applications— (i) that the Administrator has received; (ii) that the Administrator has reviewed or is in the process of reviewing; and (iii) with respect to which the Administrator has made a decision; and (B) the number and dollar amount of grants under this section— (i) that have been awarded; and (ii) that have been disbursed; (2) on a weekly basis until the amounts made available to carry out this section are fully expended, publish, with respect to the period beginning on the date of enactment of this subsection and ending on the date on which the information is published— (A) with respect to each eligible entity to which a grant is made under this section— (i) the name of the eligible entity, including the name or names under which the eligible entity does business if that name is different from the name of the eligible entity; and (ii) the address of— (I) the eligible entity; and (II) the physical location or locations for the eligible entity listed on the application, if different from the address of the eligible entity; (B) the amount of each grant described in subparagraph (A); and (C) the business category listed in subsection (a)(4)(A) to which the eligible entity belongs; and (3) with respect to an applicant that applies for a grant under this section and is denied by the Administrator— (A) make available to the applicant a brief explanation identifying the reason why the Administrator denied the application of the applicant, which shall include, where applicable, a citation to the statutory, regulatory, or guidance provision with which the applicant failed to comply and that was the basis for the denial; and (B) establish a reconsideration process through which the applicant may— (i) submit to the Administrator additional information the applicant determines to be relevant to whether the applicant is eligible for the grant; (ii) challenge the decision of the Administrator; and (iii) receive a second review of the application submitted by the applicant. . 104. Oversight and audits Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ), as amended by section 103 of this Act, is amended by adding at the end the following: (f) Oversight and audits (1) In general The Administrator shall institute an oversight and audit plan with respect to eligible entities receiving grants under this section, which shall include— (A) documentation requirements that are consistent with the eligibility and other requirements under this section, including by requiring an eligible entity that receives a grant under this section to retain records that demonstrate compliance with those requirements; and (B) reviews of the use, by eligible entities, of grants made under this section to ensure compliance with the requirements of this section, which shall include— (i) the review and audit, by the Administrator, of grants made under this section; and (ii) in the case of fraud or other material noncompliance with respect to a grant made under this section— (I) a requirement that the applicable eligible entity repay to the Administrator the amount of the misspent funds; or (II) the pursuit, by the Administrator, of legal action to collect the misspent funds. (2) Submission of plan Not later than 30 days after the date of enactment of this subsection, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the plan required under paragraph (1), which shall describe— (A) the policies and procedures of the Administrator for conducting oversight and audits of grants made under this section; and (B) the metrics that the Administrator will use to determine which grants made under this section will be audited under that plan. (3) Reports Not later than 60 days after the date of enactment of this subsection, and once every 30 days thereafter until the date that is 180 days after the date on which all amounts made available to carry out this section have been fully expended, and upon request thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the oversight and audit activities of the Administrator under this subsection, which shall include— (A) the total number of grants approved and disbursed under this section; (B) the total amount of each grant received by each eligible entity; (C) the number of active investigations and audits of grants made under this section; (D) the number of completed reviews and audits of grants made under this section, including a description of— (i) any findings of fraud or other material noncompliance with the requirements of this section; (ii) questionable costs identified by the Administrator; and (iii) the total amount recouped from ineligible recipients; and (E) a description of any substantial changes made to the plan required under paragraph (1). (4) Retroactive application This subsection shall apply to grants and decisions made under this section before, on, or after the date of enactment of this subsection. . 105. Requirement of continuing operation For any application for a grant under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) that is pending on the date of enactment of this Act or for which the applicant has received an award notice but the Administrator of the Small Business Administration has not disbursed amounts under the grant, the Administrator may not disburse amounts under the grant unless the applicant submits a statement to the Administrator indicating the applicant is still operating, or intends to reopen not later than 180 days after the date on which the statement is submitted, the applicable place of business. II Extension of suspension of rebate rule 201. Extension of moratorium on implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates Section 90006 of division I of the Infrastructure Investment and Jobs Act (42 U.S.C. 1320a–7b note) is amended by striking January 1, 2026 and inserting January 1, 2028 . III Budgetary effects 301. Emergency designation (a) In general The amounts provided under the this Act and the amendments made by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (b) House and Senate This Act and the amendments made by this Act are designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4282is/xml/BILLS-117s4282is.xml |
117-s-4283 | II 117th CONGRESS 2d Session S. 4283 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize the confiscation of assets of the Russian Federation and the use of such assets to offset costs to the United States of assistance to Ukraine.
1. Confiscation of assets of Russian Federation; use to offset costs to United States of aid to Ukraine (a) In general The President shall— (1) confiscate, through instructions or licenses or in such other manner as the President determines appropriate, funds of the Government of the Russian Federation that are subject to the jurisdiction of the United States; and (2) deposit funds confiscated under paragraph (1) in the general fund of the Treasury to offset the costs of amounts appropriated by any Act making emergency supplemental appropriations for assistance for the situation in Ukraine for the fiscal year ending September 30, 2022. (b) Vesting All right, title, and interest in funds confiscated under subsection (a) shall vest in the Government of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4283is/xml/BILLS-117s4283is.xml |
117-s-4284 | II 117th CONGRESS 2d Session S. 4284 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Ossoff (for himself and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish Federal policies and procedures to notify the next-of-kin or other emergency contact upon the death, or serious illness or serious injury, of an individual in Federal custody, to provide model policies for States, units of local government, and Indian Tribes to implement and enforce similar policies and procedures, and for other purposes.
1. Short title This Act may be cited as the Family Notification of Death, Injury, or Illness in Custody Act of 2022 . 2. Findings Congress finds the following: (1) In the event an individual dies or becomes seriously ill or injured while being detained, arrested, or while in law enforcement custody, their family members deserve to be notified in a timely and compassionate manner. Such notification is necessary to uphold the basic human dignity of incarcerated people, a concept rooted in the Eighth Amendment and Due Process Clause of the 14th Amendment to the Constitution of the United States. (2) The lack of a national standard governing notification of death, illness, and injury that occur in prisons, jails, and police custody can lead to inhumane treatment of incarcerated people and their loved ones. Poor communication regarding the death of a loved one may exacerbate the grief and other physical and psychological reactions of surviving relatives. 3. Definitions In this Act: (1) Custodial record The term custodial record means the central file of an individual in custody. (2) Detention agency The term detention agency means any government agency, including a law enforcement agency or correctional agency, that has the authority to detain individuals for violations or alleged violations of criminal or civil law. (3) In custody of a detention agency The term in the custody of a detention agency means an individual who, after being detained and booked into a jail or holding facility for a Federal, State, or local offense— (A) is physically housed at a jail, prison, boot camp prison, contract correctional facility, community correctional facility, halfway house, or other correctional facility (including any juvenile detention facility); or (B) has been or is being transferred to a medical facility from a correctional facility. 4. Emergency contact notification policies and procedures (a) Emergency contact notification policies and procedures Not later than 1 year after the date of enactment of this Act, the Attorney General shall, consistent with the requirements in this section— (1) implement policies and procedures for the detention agencies of the Department of Justice to notify the next-of-kin or other emergency contact in the event of the death, or serious illness or serious injury, of an individual in the custody of a detention agency of the Department of Justice; and (2) develop and distribute model policies and procedures for detention agencies of States, territories of the United States, Tribes, and units of local government to notify the next-of-kin or other emergency contact in the event of the death, or serious illness or serious injury, of an individual in the custody of the detention agency, and provide assistance to such detention agencies so that the agencies may implement such procedures or substantially similar processes. (b) Contents of emergency contact notification policies and procedures The policies and procedures described in subsection (a) shall include best practices that address the following: (1) Emergency contact information In the case of an individual that is in the custody of a detention agency, the detention agency shall obtain, to the greatest extent practicable— (A) the name, last known address, telephone number, and email of any individual or individuals who— (i) shall be notified in the event of the death or serious illness or serious injury, of the individual in custody; and (ii) are authorized to receive the body and personal effects of the individual in custody; (B) whether the individual in custody would like a faith leader to participate in the notification process and, if so, of what denomination; and (C) whether the individual has in place a medical proxy decision maker or medical power of attorney, advanced directive, or do not resuscitate order, and the name and contact information of the individual or individuals holding such authorities. (2) Notification requirements for death, serious illness, and serious injury while in custody (A) Notification of death in custody In the event an individual dies while in the custody of the detention agency, the detention agency shall notify the emergency contact of the individual not later than 12 hours after the declaration of death and between the hours of 6:00 a.m. and to midnight local time. Such notification shall include information about the circumstances surrounding the death, including the official time of death, the cause of death, and whether the death is under investigation, including the reason for opening the investigation. (B) Notification of serious illness or serious injury In the event an individual becomes seriously ill or seriously injured while in the custody of a detention agency, the detention agency shall attempt to notify the emergency contact of the individual as soon as practicable after the serious injury or serious illness occurs. Such notification shall include information about the serious illness or injury, including the cause and nature of the serious injury or serious illness event, whether the individual is incapacitated, unconscious, or unable to speak, whether any medical procedures or life-saving measures were, or will be, performed in response to the incident, and the contact information of the facility and provider of medical treatment. (3) Compassionate and professional notification The policies and procedures described in subsection (a) shall include best practices to provide notification of death, serious illness, or serious injury in custody in a compassionate and professional manner to minimize confusion and trauma suffered by the next-of-kin or other emergency contact. The best practices shall address the manner of notification, including— (A) providing notification by an individual trained in notification best practices; (B) if notification occurs in person, providing the next-of-kin or other emergency contact a point of contact at the detention facility; and (C) providing notification of a death in custody via a telephone or in-person conversation, immediately followed by a written letter of condolence that advises the person of the circumstances of the death, and providing a description of what information can and cannot be provided over voicemail. (4) Definition of serious illness or serious injury The policies and procedures described in subsection (a) shall define when a medical event, episode, condition, accident, or other incident constitutes a serious illness or serious injury. In defining such term, the Attorney General shall require notification in at least situations where— (A) without immediate treatment for the condition, death is imminent; (B) admission to a hospital is required; (C) an individual attempted suicide; (D) an individual is unconscious or incapacitated such that they are incapable of providing consent for medical treatment; and (E) an individual has been diagnosed with a terminal illness. (5) Emergency contact form The policies and procedures described in subsection (a) shall include a template form for detention agencies to record the emergency contact information for inclusion in the custodial record of the individual. (6) Additional best practices The policies and practices described in subsection (a) shall include best practices to— (A) permit individuals in custody to modify their emergency contact information as needed; (B) provide individuals in custody the opportunity to fill out a medical power of attorney, health care proxy, advanced directive, a do not resuscitate order, or any other similar document that complies with the State law in the location of detention; (C) return the belongings and remains of the individual to the emergency contact, if desired; (D) document and maintain within the custodial record of the individual each notification attempt performed pursuant to this Act by the detention agency; (E) provide the emergency contact meaningful opportunity to visit with a seriously ill or seriously injured individual in custody and to communicate with the medical staff caring for that individual; (F) provide the individual in custody information about the purpose and permissible uses of the emergency contact information provided pursuant to this section; and (G) in the event of a death in custody, notify the emergency contact if an autopsy is going to be performed and the procedures for obtaining any autopsy report. (c) Written notification plan The policies and procedures described in subsection (a) shall instruct detention agencies to develop a written notification plan, or revise an existing written notification plan, that provides for notification of a death, serious illness, or serious injury of an individual in custody that conforms with the policies described in subsection (b). Such written notification plans shall be published on the website of the detention agency and made accessible to individuals in the custody of the detention agency through inclusion in any intake information, manuals, or other materials distributed or made available to individuals upon being taken into custody. (d) Additional requirements (1) DOJ support of State and local implementation of model policies To support implementation of the model policies and procedures described in subsection (a)(2), the Attorney General shall provide ongoing online training and directed outreach to law enforcement, prosecution and defense agencies through national and State membership associations, and by other means. (2) Publication of emergency contact policies and procedures The Attorney General, acting through the Assistant Attorney General of the Office of Justice Programs, shall— (A) publish on the website of the Office of Justice Programs the policies and procedures described in subsection (b); and (B) shall include a copy of the procedures described subsection (b)(1) in any intake information, manuals, or other materials distributed or made available to individuals upon being taken into custody of a detention agency of the Department of Justice. (3) Intergovernmental service contracts and agreements Any Department of Justice detention agency, including the United States Marshals Service, that contracts with State, municipality, Tribal, private, or other entities to house individuals in custody shall require adoption of the procedures or substantially similar procedures as described in subsection (b)(2) as a condition of such contract or contract renewal. (4) Department of justice to monitor compliance with notification and communication requirements The Attorney General shall appoint an individual within the Department of Justice with the authority to receive and investigate complaints regarding the failure to provide— (A) the notifications required under this Act, including inadequate notifications; and (B) opportunities for communication and visitation in accordance with this Act. (e) Voluntary collection A detention agency may not— (1) attempt to persuade or coerce an individual in the custody of a detention agency to provide the information described in subsection (a); or (2) impose any penalty, fine, or fee on the individual for— (A) the failure or refusal of the individual to provide the information requested; or (B) providing information that is later determined to be inaccurate. 5. Rules of construction Nothing in this Act may be construed to— (1) create any legal or financial obligation on the part of any individual designated as a next-of-kin or other emergency contact under this Act; (2) require the individual in custody of a detention agency to provide the emergency contact information described in section 4(a); or (3) create a private right of action to enforce any provision of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4284is/xml/BILLS-117s4284is.xml |
117-s-4285 | II 117th CONGRESS 2d Session S. 4285 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Menendez (for himself, Mr. Cassidy , Mr. Kaine , Mr. Wicker , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To celebrate the 20th anniversary of the Inter-American Democratic Charter, to encourage governments in the Americas to reinforce their commitments to the principles enshrined in the Inter-American Democratic Charter, to reaffirm the role of free and fair elections as a cornerstone of democracy, to address the challenges posed by disinformation and misinformation in the Americas, and for other purposes.
1. Short title This Act may be cited as the Upholding the Inter-American Democratic Charter Act of 2022 . 2. Findings Congress makes the following findings: (1) The Inter-American Democratic Charter (referred to in this section as the Charter ), done at Lima September 11, 2001, established a set of shared democratic principles and norms among member states of the Organization of American States (referred to in this section as the OAS ), including commitments to the separation of powers and independence of the branches of government, pluralistic systems of political parties and organizations, and free, transparent, and fair elections. (2) Articles 1 and 2 of the Charter recognize, respectively, that [t]he peoples of the Americas have a right to democracy and their governments have an obligation to promote and defend it and that [t]he effective exercise of representative democracy is the basis for the rule of law and [constitutional order in OAS member states] . (3) Article 3 of the Charter asserts that access to and the exercise of power in accordance with the rule of law and the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people are essential elements of representative democracy. (4) Article 4 of the Charter states that “[t]ransparency in government activities, probity, responsible public administration on the part of governments” and “freedom of expression and of the press” are also essential for the democratic functioning of member states of the OAS. (5) Despite widespread advances in the consolidation of democratic governance in the Americas, there remain deep and concerning challenges facing democracies throughout Latin America and the Caribbean, including— (A) recurring incidents of significant electoral irregularities and manipulation; (B) the extension and elimination of presidential term limits; (C) the politicization of judicial systems and the expansion of executive powers and executive influence over the judiciary; (D) corruption and a lack of transparency, which hinders integral development in addition to weakening democratic institutions; and (E) misinformation and disinformation disseminated by foreign governments via traditional and digital media platforms that undermine faith in democratic institutions and elections. (6) Since 2016, there have been concerning levels of irregularities in several electoral processes throughout the Americas, including— (A) the 2016 and 2021 general elections in Nicaragua; (B) the 2017 general elections in Honduras; (C) the sham 2017 constituent assembly, 2018 presidential, and 2020 national legislative elections in Venezuela; (D) the 2019 presidential elections in Bolivia; and (E) the 2020 general and regional elections in Guyana. (7) The November 6, 2016, general elections in Nicaragua were characterized by severe democratic deficiencies, including widespread limitations on the participation of opposition candidates, and the November 7, 2021, general elections in Nicaragua were characterized by similar deficiencies, including the criminalization of the legitimate work of social organizations and political parties and the political imprisonment of potential opposition candidates, which consequently led the General Assembly of the OAS to pass a resolution approved by 25 countries declaring that the 2021 elections were not free, fair or transparent and have no democratic legitimacy . (8) Following the general elections in Honduras on November 26, 2017, the OAS Electoral Observation Mission reported that [t]he tight margin of the results, and the irregularities, errors and systemic problems that … surrounded [the] election [did] not allow the Mission to hold certainty about the results , leading Secretary General of the OAS Luis Almagro to subsequently issue a statement noting that the only possible way for the victor to be the people of Honduras is a new call for general elections . (9) The July 30, 2017, elections in Venezuela to establish a Constituent Assembly were widely derided as fraudulent by the international community, with Smartmatic, the company that supplied Venezuela’s voting machines, stating that the regime manipulated the results by more than 1,000,000 votes, and the May 20, 2018, presidential elections in Venezuela were similarly deemed to be fraudulent and illegitimate, leading the OAS to invoke the Charter and declare that the elections did not comply with international standards, permit the participation of all political actors, or satisfy conditions necessary to be considered a free, fair, transparent, and democratic process. (10) The Final Report of the OAS Electoral Observation Mission on the October 20, 2019, general election in Bolivia, Analysis of Electoral Integrity General Elections in the Plurinational State of Bolivia , found widespread and conclusive evidence of manipulation through secret computer servers with the capacity to modify the results and tally sheets, which made it impossible for the Mission to have confidence in the election results. (11) In the aftermath of the 2020 general elections in Guyana, international observers from the OAS and the Caribbean Community (CARICOM) unanimously agreed that there was no credible result from Guyana’s general and regional elections held on March 2, 2020, which were marked by flagrant tabulation irregularities . (12) Notwithstanding challenges in the region, several countries have held free and fair elections for heads of state since 2020, including the countries of Belize, Chile, Costa Rica, the Dominican Republic, Ecuador, Honduras, Peru, Saint Kitts and Nevis, Saint Lucia, Trinidad and Tobago, and Saint Vincent and the Grenadines, which serve as examples for other countries in the region on conducting democratic electoral processes. (13) Transparency International’s seminal 2021 report indicates that corruption, bolstered by widespread impunity and attacks against the independence of the press and the judiciary, remains a significant challenge to human rights and democratic governance in the Americas, with the region making insufficient progress in combating corruption between 2011 and 2021. (14) Additional steps are needed to strengthen confidence in a free press in Latin America, given that a study from Vanderbilt University in 2018 shows that less than 1/2 of Latin Americans trust the press, down from 2/3 in 2004. (15) The growing challenges of disinformation, misinformation, and digital election interference across the Americas, and their potential to sow social discord and lower public trust in democratic institutions, pose significant risks to democratic governance and the integrity of future elections. 3. Sense of Congress It is the sense of Congress that— (1) the 20th anniversary of the Inter-American Democratic Charter is an important hallmark in inter-American relations, and democracies in the Western Hemisphere should continue to uphold the democratic electoral norms and standards, principles, and commitments enshrined in the Charter; (2) member states of the Organization of American States should continuously work to strengthen democratic institutions and practices, as well as economic and political institutions that enable integral development, including by promoting transparency and combating corruption; (3) free, fair, and transparent elections are the foundation of representative democracy in the Americas; (4) the separation of powers and the defense of human rights, freedom of expression, and freedom of the press remain fundamental democratic principles in the Americas that must be respected; (5) member states of the Organization of American States should— (A) strengthen processes for holding free, fair, and transparent elections; (B) defend the right of all of their citizens to peacefully assemble, campaign, participate, and vote in democratic elections; and (C) actively promote the dissemination of fact-based public information while cooperating with private media to identify and discourage the propagation of misinformation and disinformation surrounding civic life; and (6) the Secretary of State should work with the Organization of American States and member states of the Organization of American States— (A) to strengthen the integrity of electoral processes in the Americas, including by modernizing electoral observation methodologies to better address the challenges posed by digital election interference; (B) to promote quality independent journalism and media while strengthening institutional capacity in the Americas to monitor and address disinformation and misinformation and the threats they pose to democratic governance, especially by the Russian Federation, the People’s Republic of China, and Iran, as well as Cuba and the regime of Nicolas Maduro in Venezuela; (C) to address the challenges posed to democratic governance and multilateral institutions in the Americas by the activities of non-democratic, nonmember states of the Organization of American States, including the Russian Federation, the People’s Republic of China, Iran, and Cuba; (D) to augment efforts to combat corruption and organized criminal activity, including by using digital tools to increase transparency in public administration, tax collection, and customs management; (E) to support the modernization of judicial systems critical to combating corruption in the Americas and efforts to strengthen the transparency, integrity, and independence of those systems; (F) to advance initiatives to strengthen the harmonization of regulatory mechanisms to facilitate increased investment and digital governance throughout the Americas; and (G) to uphold the positive advances that member states of the Organization of American States have made to strengthen the integrity of electoral processes, promote free and independent journalism, combat corruption, and modernize judicial systems, and to encourage those member states to share their experience with other member states of the Organization of American States through formal and informal mechanisms, including through the forum for democratically elected national legislatures of members states called for in section 4(a)(2) of the Organization of American States Legislative Engagement Act of 2020 ( 22 U.S.C. 290q note; Public Law 116–343 ). 4. Statement of policy It shall be the policy of the United States— (1) to promote continued adherence to the democratic principles and norms of the Inter-American Democratic Charter; and (2) to advance diplomatic initiatives in coordination with the Organization of American States and its member states to address threats to the integrity of the Inter-American Democratic Charter and to democratic institutions in the Americas. 5. Strategy for strengthening the Inter-American Democratic Charter (a) Strategy (1) In general The Secretary of State shall develop and implement a multi-year strategy to uphold and strengthen the Inter-American Democratic Charter. (2) Elements The strategy required by paragraph (1) shall include— (A) developing diplomatic initiatives to highlight past successes of the Inter-American Democratic Charter and its ongoing relevance; (B) documenting threats to democratic governance in the Western Hemisphere, including efforts to undermine civil society, the rule of law, free and fair elections, presidential term limits, or the separation of powers, and convening diplomatic forums to review and address those threats; (C) developing and implementing the plans required by sections 6, 7, and 8; and (D) fully implementing provisions of the Organization of American States Legislative Engagement Act of 2020 ( 22 U.S.C. 290q note; Public Law 116–343 ) to advance efforts to enhance the participation of democratically elected national legislatures in the Organization of American States, including— (i) promoting involvement by those legislatures in activities that advance the principles of the Inter-American Democratic Charter and the core values of the Organization of American States, as described in section 4(a)(1) of that Act; (ii) creating and supporting an annual forum to discuss issues of hemispheric importance, including corruption, as described in section 4(a)(2) of that Act; and (iii) strengthening the ability of those legislatures to make presentations, contribute information, and provide expert advice to entities of the Organization of American States, as described in section 4(a)(3) of that Act. (b) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report describing in detail— (1) the strategy required by subsection (a)(1) and efforts to implement the strategy, including the plans required by sections 6, 7, and 8 and efforts to implement the plans; (2) progress made by the United States Government toward achieving the goals of the strategy of upholding and strengthening the Inter-American Democratic Charter; (3) challenges to efforts by the United States Government and the Organization of American States to uphold and strengthen the Inter-American Democratic Charter; and (4) progress made in implementing the Organization of American States Revitalization and Reform Act of 2013 ( Public Law 113–41 ; 127 Stat. 548) and the Organization of American States Legislative Engagement Act of 2020 ( 22 U.S.C. 290q note; Public Law 116–343 ). 6. Strengthening the integrity of electoral processes in the Americas (a) In general As part of the strategy required by section 5(a)(1), the Secretary of State shall develop and implement a plan for strengthening the integrity of electoral processes in the Americas. (b) Elements The plan required by subsection (a) shall include— (1) an assessment of emerging challenges and risks to democratic elections in the Americas, including the unique threats posed by digital election interference; and (2) initiatives, in coordination with the Organization of American States and member states of the Organization of American States— (A) to ensure the integrity of elections, preserve the credibility and objectivity of electoral observation missions of the Organization of American States, and strengthen the technical capacity of those missions to investigate electoral irregularities in electoral processes; and (B) to improve election observation methodologies of the Organization of American States and strengthen the training provided to electoral observation missions of the Organization of American States to effectively monitor, report, and address the emerging threat of digital election interference. 7. Countering disinformation and misinformation in the Americas (a) Sense of Congress It is the sense of Congress that Congress supports— (1) efforts by the Secretary General of the Organization of American States to strengthen public interest media on traditional and digital media platforms, promote investigative journalism, fortify the integrity of media environments, and counter disinformation and misinformation across the Americas; and (2) plans by the Secretary General of the Organization of American States to announce the creation of the Center for Media Integrity of the Americas at the Ninth Summit of the Americas. (b) In general As part of the strategy required by section 5(a)(1), the Secretary of State shall develop and implement a plan for countering the spread and amplification of disinformation and misinformation in the Americas and strengthening vulnerable information environments. (c) Elements The plan required by subsection (b) shall include— (1) an assessment of— (A) the nature and prevalence of disinformation and misinformation activities in traditional, digital, and social media in the Americas, including— (i) the major intra-regional and extra-regional actors involved in spreading or amplifying disinformation and misinformation; (ii) the tactics those actors use; (iii) the major narratives those actors disseminate; and (iv) the extent to which the activities involve or are being coordinated by state entities or government officials; (B) the vulnerability of information environments within the Americas; (C) which countries are most targeted by campaigns to spread and amplify disinformation and misinformation and the effectiveness of those campaigns; and (D) the nature and magnitude of the threats posed by disinformation and misinformation activities to democratic governance, human rights, and other United States interests; and (2) efforts, including the multilateral diplomacy described in subsection (d), in coordination with the Organization of American States and member states of the Organization of American States— (A) to monitor and share information about disinformation and misinformation activities and the effects of those activities; (B) to convene regional summits, forums, and multi-stakeholder initiatives with engagement from governments, technology companies, media organizations, academia, and civil society groups to address the challenges posed by disinformation and misinformation and other related issues, including data privacy, shared cybersecurity standards, and platform interoperability; (C) to develop a regional code of best practices and other joint solutions to address disinformation and misinformation, including rapid alert systems and agreements on other related issues; (D) to strengthen the capacity of the Organization of American States, member states of the Organization of American States, and independent media and civil society groups to counter disinformation and misinformation and address vulnerable information environments, including by providing support for media and digital literacy, independent journalism, and fact-checking initiatives; and (E) to support and promote the creation of public interest media and investigative journalism to provide accurate, objective, and reliable local news. (d) Multilateral diplomacy The Secretary of State, acting through the United States Permanent Representative to the Organization of American States, shall use the voice, vote, and influence of the United States— (1) to establish a working group at the Organization of American States to monitor the deleterious effects that disinformation and misinformation pose to democratic governance and human rights and develop regional approaches to address those effects; and (2) to advance a resolution of the Organization of American States on condemning and countering disinformation and misinformation in the Americas. (e) Resources The Secretary of State, acting through the United States Mission to the Organization of American States, should use the voice, vote, and influence of the United States to support increased attention and resources for the General Secretariat of the Organization of American States to develop efforts to address the threat posed by disinformation and misinformation to democratic governance and human rights, including— (1) by increasing the proportion of United States voluntary contributions designated for addressing that threat; and (2) by encouraging similar efforts by other member states of the Organization of American States. 8. Addressing additional challenges to democratic governance in the Americas (a) In general As part of the strategy required by section 5(a)(1), the Secretary of State shall develop and implement a plan for addressing threats to democratic governance posed by— (1) corruption and criminality; and (2) the malign activities of nondemocratic, nonmember states of the Organization of American States, including the People’s Republic of China, the Russian Federation, Iran, and Cuba. (b) Elements The plan required by subsection (a) shall include— (1) an assessment of— (A) the major threats from, and vulnerabilities to, corruption and criminality in the Americas; and (B) how the People’s Republic of China and the Russian Federation have sought to exploit regional multilateral institutions to advance their goals and undermine democratic governance; and (2) efforts by the Secretary of State— (A) to propose and develop, in coordination with regional multilateral institutions, digital governance programs— (i) to strengthen transparency in public administration, tax collection, and customs management; and (ii) to reduce corruption; and (B) to use the voice, vote, and influence of the United States— (i) to diminish the influence of the People’s Republic of China and the Russian Federation in regional multilateral institutions and call attention to how those states undermine the principles of the Inter-American Democratic Charter; and (ii) to support the creation of a special rapporteur on anti-corruption at the Inter-American Commission on Human Rights with the mandate to monitor threats from, and vulnerabilities to, corruption among member states of the Organization of American States and promote the adoption of measures to address such threats, including minimum standards for transparency and access to public records. 9. Sunset This Act shall terminate on the date that is 10 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4285is/xml/BILLS-117s4285is.xml |
117-s-4286 | II 117th CONGRESS 2d Session S. 4286 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Ossoff (for himself, Mr. Grassley , and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To direct the Attorney General to develop crisis intervention training tools for use by first responders related to interacting with persons who have a traumatic brain injury, another form of acquired brain injury, or post-traumatic stress disorder, and for other purposes.
1. Short title This Act may be cited as the Traumatic Brain Injury and Post-Traumatic Stress Disorder Law Enforcement Training Act or the TBI and PTSD Law Enforcement Training Act . 2. Findings Congress finds the following: (1) According to the Centers for Disease Control and Prevention, approximately 2,900,000 emergency department visits, hospitalizations, and deaths were related to traumatic brain injury in the United States in 2014. (2) Effects of traumatic brain injury (referred to in this section as TBI ) can be short-term or long-term, and include impaired thinking or memory, movement, vision or hearing, or emotional functioning, such as personality changes or depression. (3) As of the date of enactment of this Act, between 3,200,000 and 5,300,000 persons are living with a TBI-related disability in the United States. (4) About 7 or 8 percent of individuals in the United States will experience post-traumatic stress disorder (referred to in this section as PTSD ) at some point in their lives, and about 8,000,000 adults have PTSD during the course of a given year. (5) TBI and PTSD have been recognized as the signature injuries of the wars in Iraq and Afghanistan. (6) According to the Department of Defense, 383,000 men and women deployed to Iraq and Afghanistan sustained a brain injury while in the line of duty between 2000 and 2018. (7) Approximately 13.5 percent of veterans of Operation Iraqi Freedom and Operation Enduring Freedom screen positive for PTSD, according to the Department of Veterans Affairs. (8) About 12 percent of Gulf War veterans have PTSD in a given year, while about 30 percent of Vietnam veterans have had PTSD in their lifetime. (9) Physical signs of TBI can include motor impairment, dizziness or poor balance, slurred speech, impaired depth perception, or impaired verbal memory, while physical signs of PTSD can include agitation, irritability, hostility, hypervigilance, self-destructive behavior, fear, severe anxiety, or mistrust. (10) Physical signs of TBI and PTSD often overlap with physical signs of alcohol or drug impairment, which complicate a first responder’s ability to quickly and effectively identify an individual’s condition. 3. Creation of a TBI and PTSD training for first responders Part HH of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10651 et seq. ) is amended— (1) in section 2991 ( 34 U.S.C. 10651 )— (A) in subsection (h)(1)(A), by inserting before the period at the end the following: , including the training developed under section 2993 ; and (B) in subsection (o), by striking paragraph (1) and inserting the following: (1) In general There is authorized to be appropriated to the Department of Justice to carry out this section $54,000,000 for each of fiscal years 2023 through 2027. ; and (2) by adding at the end the following: 2993. Creation of TBI and PTSD training for first responders (a) In general Not later than 1 year after the date of enactment of this section, the Attorney General, acting through the Director of the Bureau of Justice Assistance, in consultation with the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Mental Health and Substance Use, shall— (1) solicit best practices regarding techniques to interact with persons who have a traumatic brain injury, an acquired brain injury, or post-traumatic stress disorder from first responder, brain injury, veteran, and mental health organizations, health care and mental health providers, hospital emergency departments, and other relevant stakeholders; and (2) develop crisis intervention training tools for use by first responders (as that term is defined in section 3025) that provide— (A) information on the conditions and symptoms of a traumatic brain injury, an acquired brain injury, and post-traumatic stress disorder; (B) techniques to interact with persons who have a traumatic brain injury, an acquired brain injury, or post-traumatic stress disorder; and (C) information on how to recognize persons who have a traumatic brain injury, an acquired brain injury, or post-traumatic stress disorder. (b) Use of training tools at Law Enforcement-Mental Health Learning Sites The Attorney General shall ensure that not less than 1 Law Enforcement-Mental Health Learning Site designated by the Director of the Bureau of Justice Assistance uses the training tools developed under subsection (a)(2). (c) Police mental health collaboration toolkit The Attorney General shall make the training tools developed under subsection (a)(2) available as part of the Police-Mental Health Collaboration Toolkit provided by the Bureau of Justice Assistance. . 4. Surveillance and reporting for first responders with TBI Section 393C of the Public Health Service Act ( 42 U.S.C. 280b–1d ) is amended by adding at the end the following: (d) Law enforcement and first responder surveillance (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall implement concussion data collection and analysis to determine the prevalence and incidence of concussion among first responders (as such term is defined in section 3025 of title I of the Omnibus Crime Control and Safe Street Act of 1968 ( 34 U.S.C. 10705 )). (2) Report Not later than 18 months after the date of the enactment of this subsection, the Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health and in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, shall submit to the relevant committees of Congress a report that contains the findings of the surveillance conducted under paragraph (1). The report shall include surveillance data and recommendations for resources for first responders who have experienced traumatic brain injury. . | https://www.govinfo.gov/content/pkg/BILLS-117s4286is/xml/BILLS-117s4286is.xml |
117-s-4287 | II 117th CONGRESS 2d Session S. 4287 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Graham (for himself, Ms. Klobuchar , Ms. Cortez Masto , Ms. Murkowski , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To permit COPS grants to be used for the purpose of increasing the compensation and hiring of law enforcement officers, and for other purposes.
1. Short title This Act may be cited as the COPS on the Beat Grant Program Parity Act of 2022 . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) The President’s Task Force on 21st Century Policing highlighted the importance of hiring law enforcement officers who reflect the diversity and values of the community, and who have both the mindset and the skills needed to engage with the community. (2) Diverse workforces can be more effective, creative, and resilient than homogenous workforces, and teams with broader perspectives result in better decision making and problem-solving practices. Recruiting a diverse pool of candidates includes qualified individuals from different races, genders, ethnicities, and cultural backgrounds. (3) Effective recruitment practices can help law enforcement agencies engender trust, develop good relations with their communities, and ensure that the officers they hire can best serve those communities. Recruitment efforts should start in the community, and law enforcement agencies should consider developing youth programs to attract younger generations. This could include Explorer programs, internships through local schools, cadet academies, university partnerships, and youth mentorship programs that foster relationships between young adults and departments. Not only do these programs develop enthusiasm for a law enforcement career, but they can also build relationships between law enforcement agencies and the communities they serve. (b) Sense of Congress It is the sense of Congress that the Office of Community Oriented Policing Services (commonly known as the COPS Office ) of the Department of Justice is uniquely suited to empower local law enforcement agencies to fulfill recommendations related to law enforcement hiring practices, including agencies being reflective of the communities they serve, both demographically and in values and vision, and possessing the mindset and skills needed to engage with the community. 3. Rural community access to COPS grants (a) Uses of grant amounts Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b) ) is amended— (1) by redesignating paragraphs (3) through (23) as paragraphs (4) through (24), respectively; (2) by inserting after paragraph (2) the following: (3) in the case of any State or unit of local government that has a median household income of less than 70 percent of the national median household income and qualifies for a reduced contribution under subsection (g)(2), to increase wages of career law enforcement officers to not more than 80 percent of the national median household income; ; and (3) in paragraph (23), as redesignated, by striking through (21) and inserting through (22) . (b) Preferential consideration Section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(c) ) is amended— (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (c) Cost share Section 1701(g) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(g) ) is amended to read as follows: (g) Matching funds (1) In general Except as provided in paragraph (2), the portion of the costs of a program, project, or activity provided by a grant under subsection (a) may not exceed 75 percent, unless the Attorney General waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program, project, or activity. In relation to a grant for a period exceeding 1 year for hiring or rehiring or increasing the compensation of career law enforcement officers, the Federal share shall decrease from year to year for up to 5 years, looking toward the continuation of the increased hiring and compensation level using State or local sources of funding following the conclusion of Federal support, as provided in an approved plan pursuant to section 1702(c)(8). (2) Reduced non-Federal contribution (A) In general The portion of the costs of a program, project, or activity provided by a grant under subsection (a), in any State or unit of local government described in subparagraph (B), may not exceed— (i) 90 percent for the first year of the grant; (ii) 85 percent for the second year of the grant; (iii) 80 percent for the third year of the grant; or (iv) 75 percent for the fourth year of the grant. (B) State or unit of local government described A State or unit of local government described in this subparagraph is any State or unit of local government— (i) with a median household income that is not more than 80 percent of the national median household income; (ii) that does not provide a single employee with compensation that is more than double the national median household income; and (iii) that is a rural State, rural community, or rural area as such terms are defined in section 40002(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12291(a) ). . (d) Limitation on hiring and rehiring Section 1704(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10384(c) ) is amended to read as follows: (c) Hiring and compensation cost (1) In general Funding provided under this part for hiring or rehiring a career law enforcement officer may not exceed $75,000, unless the Attorney General grants a waiver from this limitation. (2) Reduced contribution In the case of a jurisdiction that has a median household income of less than 70 percent of the national median household income and qualifies for a reduced contribution under section 1701(g)(2), a career law enforcement officer who is hired or rehired or whose compensation is increased under this part may not receive from any funding provided under this part compensation exceeding 80 percent of the national median household income for work performed as an on-duty law enforcement officer. . (e) Allocation of COPS grant program funds Section 1001(a)(11)(B) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(11)(B) ) is amended by inserting after the second sentence the following: If funds remain available for obligation under this subparagraph in a fiscal year after all eligible and qualified grantees have been funded from the 50 percent of funding allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, the remaining funds may be used for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations 150,000 or less or by public and private entities that serve areas with populations 150,000 or less. . (f) Definitions Section 1709 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10389 ) is amended by adding at the end the following: (8) Attorney General means the Attorney General, acting through the Director of the Office of Community Oriented Policing Services. . 4. COPS Office Section 1701(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(a) ) is amended to read as follows: (a) Office of Community Oriented Policing Services (1) Establishment of Office There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the COPS Office ). (2) Director The COPS Office shall be headed by a Director who shall— (A) be appointed by the Attorney General; and (B) have final authority over grants under this part and any other grants, cooperative agreements, and contracts awarded by the COPS Office. (3) Grant authorization The Attorney General, acting through the Director, shall make grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection (b). . 5. GAO report (a) In general In fiscal year 2026 and fiscal year 2031, the Comptroller General of the United States, after consultation with the Attorney General, shall submit to Congress and make publicly available a report that provides the information described in subsection (b) using a broad cross-section of law enforcement agencies— (1) from various regions of the United States; (2) of different sizes; and (3) from rural, suburban, and urban jurisdictions. (b) Information required The information referred to in subsection (a) is— (1) a measure of how representative law enforcement officers are of the communities they serve based on demographics, including, at a minimum, gender and race; (2) the percentage of law enforcement officers who live in the jurisdiction in which they are employed; (3) a measure of average law enforcement officer pay compared to cost of living in the jurisdiction in which the law enforcement officers are employed; and (4) legislative and administrative recommendations for improving— (A) the diversity of law enforcement agencies, including officers, specifically in relation to the communities they serve; and (B) the number of officers who live in the jurisdiction in which they are employed. | https://www.govinfo.gov/content/pkg/BILLS-117s4287is/xml/BILLS-117s4287is.xml |
117-s-4288 | II 117th CONGRESS 2d Session S. 4288 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow manufacturers and sponsors of a drug to use alternative testing methods to animal testing to investigate the safety and effectiveness of a biological product.
1. Short title This Act may be cited as the Reducing Animal Testing Act . 2. New approach methodologies Item (bb) of section 351(k)(2)(A)(i)(I) of the Public Health Service Act ( 42 U.S.C. 262(k)(2)(A)(i)(I) ) is amended to read as follows: (bb) an assessment of toxicity (which may rely on, or consist of, a study or studies described in item (aa) or (cc)); and . | https://www.govinfo.gov/content/pkg/BILLS-117s4288is/xml/BILLS-117s4288is.xml |
117-s-4289 | II 117th CONGRESS 2d Session S. 4289 IN THE SENATE OF THE UNITED STATES May 24, 2022 Mr. Brown (for himself, Mr. Casey , Mr. Blumenthal , Mr. Whitehouse , Mr. Wyden , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out, and for other purposes.
1. Short title This Act may be cited as the Locked Out Workers Healthcare Protection Act . 2. Continuation of coverage under a group health plan during a lock-out (a) In general Section 8(a) of the National Labor Relations Act ( 29 U.S.C. 158(a) ) is amended— (1) in paragraph (5), by striking the period and inserting ; and ; and (2) by adding at the end the following: (6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike. . (b) Definitions Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended by adding at the end the following: (15) The term group health plan has the meaning given the term under section 607(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1167(1) ). . (c) Penalties Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ) is amended— (1) by striking S ec. 12. Any person and inserting the following: 12. Penalties (a) Violations for interference with the board Any person ; and (2) by adding at the end the following: (b) Civil penalties for unfair labor practices related to coverage under a group health plan during a lock-Out Any employer who commits an unfair labor practice within the meaning of section 8(a)(6) shall be subject to a civil penalty in an amount not to exceed $75,000 for each violation, except that, with respect to such an unfair labor practice that coincides with the discharge of an employee or that results in other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $150,000, in any case where the employer has within the preceding 5 years committed another violation of section 8(a)(6). A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. (c) Considerations In determining the amount of any civil penalty under subsection (b) or (d), the Board shall consider— (1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; (2) the size of the employer; (3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and (4) the public interest. (d) Director and officer liability If the Board determines, based on the particular facts and circumstances presented, that a director or officer’s personal liability is warranted, a civil penalty for a violation described in subsection (b) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation. . | https://www.govinfo.gov/content/pkg/BILLS-117s4289is/xml/BILLS-117s4289is.xml |
117-s-4290 | II 117th CONGRESS 2d Session S. 4290 IN THE SENATE OF THE UNITED STATES May 24, 2022 Mrs. Blackburn (for herself, Mr. Scott of Florida , Mr. Cassidy , Mr. Rubio , Mr. Tillis , Mr. Braun , Mr. Cruz , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose certain requirements relating to the renegotiation or reentry into the Joint Comprehensive Plan of Action or other agreement relating to Iran’s nuclear program, and for other purposes.
1. Short title This Act may be cited as the Iran China Accountability Act . 2. Findings Congress finds the following: (1) The 2015 Joint Comprehensive Plan of Action provided Iran with more than $100,000,000,000 in sanctions relief, circumventing mandatory sanctions imposed pursuant to Acts of Congress. (2) In 2016, the United States delivered $400,000,000 in cash to Iran. (3) On May 8, 2018, the United States withdrew from the disastrous Joint Comprehensive Plan of Action and implemented a campaign of maximum economic pressure on Iran until the regime— (A) ends its nuclear program, its pursuit of ballistic missiles, and its support of terrorism and regional destabilization; and (B) releases all United States hostages. (4) Iran and the People's Republic of China signed a 25-year strategic economic cooperation agreement on March 27, 2021. The relationship between the 2 countries is a strategic partnership that aims to advance the People's Republic of China’s influence in the Middle East. (5) The strategic economic cooperation agreement involves a transfer of $400,000,000,000 from the Chinese Communist Party to the Government of Iran. (6) The Chinese Communist Party is committing an ongoing genocide against Uyghur Muslims in the Xinjiang Uyghur Autonomous Region and suppressing religious freedom throughout the People's Republic of China. (7) The Chinese Communist Party is also suppressing religious freedom by arbitrarily imprisoning Christians, raiding house churches, and attempting to shut down houses of worship not endorsed by the Government of the People's Republic of China. (8) The Government of Iran is perpetrating violence against its own people, including through the killing of protesters and the persecution of women and religious minorities. It is also involved in severe violations of human rights throughout the Middle East, including supporting the brutal regime of Bashar al-Assad in Syria. (9) Since 2021, the People's Republic of China has increased illicit oil purchases from Iran. Such oil purchases would be permitted if the United States lifts sanctions with respect to Iran and re-enters the failed Iran nuclear deal. The People's Republic of China remains Iran’s largest oil customer. (10) A portion of the oil that the People's Republic of China buys from Iran (and from other suppliers) might be transshipped to North Korea. (11) The Joint Comprehensive Plan of Action required that the United Nations arms embargo on Iran expire in October 2020, which would have permitted the People's Republic of China to sell arms to Iran, and permits Iran to sell arms to China. (12) The United States Government unequivocally condemns the Hamas-incited terrorist attacks originating from Israeli land currently occupied by Hamas. (13) The United States Government recognizes Israel’s right to defend itself from Hamas-incited terrorist attacks. (14) President Joseph R. Biden has sought to rejoin the Joint Comprehensive Plan of Action or a similar agreement, including undertaking talks with Iran and the other parties to the Joint Comprehensive Plan of Action in Vienna, Austria. Those talks are ongoing as of May 2022. (15) Officials in the administration of President Biden have acknowledged that rejoining a nuclear agreement with Iran would entail an easing of the economic sanctions stipulated by the Joint Comprehensive Plan of Action. 3. Limitations with respect to any Iran nuclear agreement (a) Limitations prior to entering into negotiations No Federal funds may be obligated or expended to enter into any negotiation with the Government of Iran with respect to an Iran nuclear agreement until the President certifies to Congress that— (1) the Government of Iran has terminated— (A) all agreements involving the transfer of funds to such Government from the People's Republic of China; and (B) all agreements involving a strategic military or security partnership with the People's Republic of China; (2) the Government of the People's Republic of China has ceased to incarcerate Uyghur individuals in concentration camps in the Xinjiang Uyghur Autonomous Region; (3) the Government of Iran has terminated all ties and transfer of cash to Iranian proxy forces, including Hamas; and (4) the Government of Iran has verified the destruction of any and all chemical weapons, materials, and infrastructure. (b) Requirement for contents of agreement No Federal funds may be obligated or expended for United States entry into any Iran nuclear agreement, and the President may not take any action (including in the form of an agenda, agreement, platform, or plan) to carry out the goals of such an agreement, unless such agreement certifies the destruction of any and all Iranian nuclear and missile capabilities, weapons, infrastructure, chemical weapons, and offensive cyber activity. (c) Ratification required Notwithstanding any other provision of law, any Iran nuclear agreement shall be deemed a treaty subject to the requirement that the Senate provide its advice and consent pursuant to article II, section 2, clause 2 of the Constitution of the United States. The President may not take any action (including in the form of an agenda, agreement, platform, or plan) to carry out the goals of such an agreement until the Senate has adopted a resolution of advice and consent with respect to that agreement. (d) Report required The Secretary of State shall submit to Congress, prior to the submission of a proposed Iran nuclear agreement to the Senate for its advice and consent in accordance with subsection (c), a report setting forth the manner and extent to which the negotiation and terms of such proposed Iran nuclear agreement comply with each limitation and requirement under this section. (e) Iran nuclear agreement defined In this section, the term Iran nuclear agreement means— (1) the Joint Comprehensive Plan of Action, signed at Vienna July 14, 2015, by Iran and by the People’s Republic of China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action; and (2) any successor or other agreement exchanging relief from international sanctions for restrictions on Iran’s nuclear program. | https://www.govinfo.gov/content/pkg/BILLS-117s4290is/xml/BILLS-117s4290is.xml |
117-s-4291 | II 117th CONGRESS 2d Session S. 4291 IN THE SENATE OF THE UNITED STATES May 24, 2022 Mr. King (for himself and Mr. Cornyn ) 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 increase the standard charitable mileage rate for delivery of meals to elderly, disabled, frail, and at-risk individuals.
1. Short title This Act may be cited as the Delivering Elderly Lunches and Increasing Volunteer Engagement and Reimbursements Act of 2022 or the DELIVER Act of 2022 . 2. Increase in standard mileage rate for delivery of meals to elderly, disabled, frail, and at-risk individuals (a) In general Subsection (i) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following: In the case of use of such an automobile for the delivery of meals to homebound individuals who are elderly, disabled, frail, or at risk, the mileage rate used shall be the standard business mileage rate specified by the Internal Revenue Service for the taxable year in which such miles are driven. . (b) Effective date The amendment made by subsection (a) shall apply to miles driven on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4291is/xml/BILLS-117s4291is.xml |
117-s-4292 | II 117th CONGRESS 2d Session S. 4292 IN THE SENATE OF THE UNITED STATES May 24, 2022 Mr. Cotton (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Sarbanes-Oxley Act of 2002 to exclude the audits of privately held, non-custody brokers and dealers that are in good standing from certain requirements under title I of that Act, and for other purposes.
1. Short title This Act may be cited as the Small Business Audit Correction Act of 2022 . 2. Exemption (a) Amendments to the Sarbanes-Oxley Act of 2002 Section 110 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7220 ) is amended— (1) in paragraph (3), by inserting , except that the term does not include a non-custody broker or dealer that is privately held and in good standing after registered public accounting firm ; (2) in paragraph (4), by inserting , except that the term does not include a non-custody broker or dealer that is privately held and in good standing after registered public accounting firm ; (3) by redesignating paragraphs (5) and (6) as paragraphs (8) and (9), respectively; and (4) by inserting after paragraph (4) the following: (5) In good standing The term in good standing means, with respect to a broker or dealer (as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )), that, as of the last day of the most recently completed fiscal year of the broker or dealer, as applicable, the broker or dealer— (A) is registered with the Commission; (B) is a member of an association that is registered as a national securities association under section 15A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–3 ); (C) is compliant with the minimum dollar net capital requirements under section 240.15c3–1 of title 17, Code of Federal Regulations, or any successor regulation; (D) has not, during the 10-year period preceding that date, been convicted of a felony under Federal or State law; (E) does not have a person associated with the broker or dealer, as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ), that, during the 10-year period preceding that date, has been convicted of a felony for fraudulent conduct under Federal or State law; and (F) is not subject to statutory disqualification by reason of being— (i) expelled or suspended from— (I) an association that is registered as described in subparagraph (B); or (II) an association that is registered as a registered futures association under section 17 of the Commodity Exchange Act ( 7 U.S.C. 21 ); (ii) subject to an order of the Commission, other appropriate regulatory agency, or foreign financial regulatory authority denying, suspending, or revoking the registration of the broker or dealer as a regulated entity; (iii) subject to an order of the Commodity Futures Trading Commission, or other appropriate regulatory entity, denying, suspending, or revoking the registration of the broker or dealer under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) or the authority of the broker or dealer to engage in any transaction; or (iv) subject to a restraining order entered by a court. (6) Non-custody broker or dealer The term non-custody broker or dealer means a broker or dealer (as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )), as applicable, that— (A) as of the last day of the most recently completed fiscal year of the broker or dealer— (i) has not less than 1 and not more than 150 persons registered with an association that is registered as a national securities association under section 15A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–3 ); (ii) is not a high frequency trading broker or dealer, as that term is defined by the Commission with respect to a particular registered firm type; and (iii) is not affiliated with an investment adviser that— (I) is registered with the Commission or a State entity; and (II) acts as a custodian for customer assets; (B) with respect to the average of the 3 most recently completed fiscal years of the broker or dealer, has gross revenue that enables the broker or dealer to qualify as a small business concern for the purposes of a program administered by the Small Business Administration; and (C) throughout the most recently completed fiscal year of the broker or dealer— (i) does not, as a matter of ordinary business practice in connection with the activities of the broker or dealer, receive customer checks, drafts, or other evidence of indebtedness made payable to the broker or dealer; (ii) if required under section 3(a)(2) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ccc(a)(2) ), is a member of the Securities Investor Protection Corporation; and (iii) either— (I) if the broker or dealer is subject to section 240.15c3–3 of title 17, Code of Federal Regulations, or any successor regulation, is in compliance with that section; or (II) is not subject to such section 240.15c3–3, or any successor regulation, because the broker or dealer does not maintain custody over customer securities or cash. (7) Privately held The term privately held means, with respect to a broker or dealer (as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )), that the broker or dealer, as applicable, is not an issuer. . (b) Amendments to regulations (1) Definitions In this subsection, the terms in good standing , non-custody broker or dealer , and privately held have the meanings given the terms in section 110 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7220 ), as amended by subsection (a). (2) Amendments Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall make any necessary amendments to regulations of the Commission that are in effect as of the date of enactment of this Act in order to— (A) carry out this Act and the amendments made by this Act; and (B) exclude the auditors of non-custody brokers or dealers that are privately held and in good standing from the audit requirements of the Public Company Accounting Oversight Board. (c) Effective date This Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4292is/xml/BILLS-117s4292is.xml |
117-s-4293 | II 117th CONGRESS 2d Session S. 4293 IN THE SENATE OF THE UNITED STATES May 24, 2022 Ms. Cantwell (for herself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prevent unfair and deceptive acts or practices and the dissemination of false information related to pharmacy benefit management services for prescription drugs, and for other purposes.
1. Short title This Act may be cited as the Pharmacy Benefit Manager Transparency Act of 2022 . 2. Prohibition on unfair or deceptive prescription drug pricing practices (a) Conduct prohibited Except as provided in subsection (b), it shall be unlawful for any pharmacy benefit manager (or affiliate, subsidiary, or agent of a pharmacy benefit manager), directly or indirectly, to engage in any of the following activities related to pharmacy benefit management services: (1) Charge a health plan or payer a different amount for a prescription drug’s ingredient cost or dispensing fee than the amount the pharmacy benefit manager reimburses a pharmacy for the prescription drug’s ingredient cost or dispensing fee where the pharmacy benefit manager retains the amount of any such difference. (2) Arbitrarily, unfairly, or deceptively, by contract or any other means, reduce, rescind, or otherwise claw back any reimbursement payment, in whole or in part, to a pharmacist or pharmacy for a prescription drug's ingredient cost or dispensing fee. (3) Arbitrarily, unfairly, or deceptively, by contract or any other means, increase fees or lower reimbursement to a pharmacy in order to offset reimbursement changes instructed by the Federal Government under any health plan funded by the Federal Government. (b) Exceptions A pharmacy benefit manager shall not be in violation of subsection (a) if the pharmacy benefit manager meets the following conditions: (1) The pharmacy benefit manager, affiliate, subsidiary, or agent passes along or returns 100 percent of any price concession to a health plan or payer, including any rebate, discount, or other price concession. (2) The pharmacy benefit manager, affiliate, subsidiary, or agent provides full and complete disclosure of— (A) the cost, price, and reimbursement of the prescription drug to each health plan, payer, and pharmacy with which the pharmacy benefit manager, affiliate, subsidiary, or agent has a contract or agreement to provide pharmacy benefit management services; (B) each fee, markup, and discount charged or imposed by the pharmacy benefit manager, affiliate, subsidiary, or agent to each health plan, payer, and pharmacy with which the pharmacy benefit manager, affiliate, subsidiary, or agent has a contract or agreement for pharmacy benefit management services; or (C) the aggregate amount of all remuneration the pharmacy benefit manager receives from a prescription drug manufacturer for a prescription drug, including any rebate, discount, administration fee, and any other payment or credit obtained or retained by the pharmacy benefit manager, or affiliate, subsidiary, or agent of the pharmacy benefit manager, pursuant to a contract or agreement for pharmacy benefit management services to a health plan, payer, or any Federal agency (upon the request of the agency). 3. Prohibition on false information It shall be unlawful for any person to report information related to pharmacy benefit management services to a Federal department or agency if— (1) the person knew, or reasonably should have known, the information to be false or misleading; (2) the information was required by law to be reported; and (3) the false or misleading information reported by the person would affect analysis or information compiled by the Federal department or agency for statistical or analytical purposes with respect to the market for pharmacy benefit management services. 4. Transparency (a) Reporting by pharmacy benefit managers Not later than 1 year after the date of enactment of this Act, and annually thereafter, each pharmacy benefit manager (or affiliate, subsidiary, or agent of a pharmacy benefit manager) shall report to the Commission the following information: (1) The aggregate amount of the difference between the amount the pharmacy benefit manager was paid by each health plan and the amount that the pharmacy benefit manager paid each pharmacy on behalf of the health plan for prescription drugs. (2) The aggregate amount of any— (A) generic effective rate fee charged to each pharmacy; (B) direct and indirect remuneration fee charged or other price concession to each pharmacy; and (C) payment rescinded or otherwise clawed back from a reimbursement made to each pharmacy. (3) If, during the reporting year, the pharmacy benefit manager moved or reassigned a prescription drug to a formulary tier that has a higher cost, higher copayment, higher coinsurance, or higher deductible to a consumer, or a lower reimbursement to a pharmacy, an explanation of the reason why the drug was moved or reassigned from 1 tier to another, including whether the move or reassignment was determined or requested by a prescription drug manufacturer or other entity. (4) With respect to any pharmacy benefit manager that owns, controls, or is affiliated with a pharmacy, a report regarding any difference in reimbursement rates or practices, direct and indirect remuneration fees or other price concessions, and clawbacks between a pharmacy that is owned, controlled, or affiliated with the pharmacy benefit manager and any other pharmacy. (b) Report to Congress (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commission 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 that addresses, at a minimum— (A) the number actions brought by the Commission during the reporting year to enforce this Act and the outcome of each such enforcement action; (B) the number of open investigations or inquiries into potential violations of this Act as of the time the report is submitted; (C) the number and nature of complaints received by the Commission relating to an allegation of a violation of this Act during the reporting year; (D) an anonymized summary of the reports filed with the Commission pursuant to subsection (a) for the reporting year; and (E) policy or legislative recommendations to strengthen any enforcement action relating to a violation of this Act, including recommendations to include additional prohibited conducted in section 2(a). (2) Formulary design or placement practices Not later than 1 year after the date of enactment of this Act, the Commission 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 that addresses the policies, practices, and role of pharmacy benefit managers (including their affiliates, subsidiaries, and agents) regarding formulary design or placement, including whether— (A) pharmacy benefit managers (including their affiliates, subsidiaries, and agents) use formulary design or placement to increase their gross revenue without an accompanying increase in patient access or decrease in patient cost; or (B) such policies or practices of pharmacy benefit managers regarding formulary design or placement violate section 5(a) of the Federal Trade Commission Act ( 45 U.S.C. 45(a) ). (3) Construction Nothing in this section shall be construed as authorizing the Commission to disclose any information that is a trade secret or confidential information described in section 552(b)(4) of title 5, United States Code. 5. Whistleblower protections (a) In general A pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof shall not, directly or indirectly, discharge, demote, suspend, diminish, or withdraw benefits from, threaten, harass, or in any other manner discriminate against or adversely impact a covered individual because— (1) the covered individual, or anyone perceived as assisting the covered individual, takes (or is suspected to have taken or will take) a lawful action in providing to Congress, an agency of the Federal Government, the attorney general of a State, a State regulator with authority over the distribution or insurance coverage of prescription drugs, or a law enforcement agency relating to any act or omission that the covered individual reasonably believes to be a violation of this Act; (2) the covered individual provides information that the covered individual reasonably believes evidences such a violation to— (A) a person with supervisory authority over the covered individual at the pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof; or (B) another individual working for the pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof who the covered individual reasonably believes has the authority to investigate, discover, or terminate the violation or to take any other action to address the violation; (3) the covered individual testifies (or it is suspected that the covered individual will testify) in an investigation or judicial or administrative proceeding concerning such a violation; (4) the covered individual assists or participates (or it is expected that the covered individual will assist or participate) in such an investigation or judicial or administrative proceeding; or (5) the covered individual takes any other action to assist in carrying out the purposes of this Act. (b) Enforcement An individual who alleges any adverse action in violation of subsection (a) may bring an action for a jury trial in the appropriate district court of the United States for the following relief: (1) Temporary relief while the case is pending. (2) Reinstatement with the same seniority status that the individual would have had, but for the discharge or discrimination. (3) Twice the amount of back pay otherwise owed to the individual, with interest. (4) Consequential and compensatory damages, and compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees. (c) Waiver of rights and remedies The rights and remedies provided for in this section shall not be waived by any policy form or condition of employment, including by a predispute arbitration agreement. (d) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section. 6. Enforcement (a) Enforcement by the Commission (1) Unfair and deceptive acts or practices A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general Except as provided in subparagraph (C), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities Subject to paragraph (3), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et. seq.). (C) Nonprofit organizations and insurance Notwithstanding section 4 or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 46), section 2 of McCarran-Ferguson Act ( 15 U.S.C. 1012 ), or any other jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to— (i) organizations not organized to carry on business for their own profit or that of their members; and (ii) the business of insurance, and persons engaged in such business. (D) Authority preserved Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (3) Penalties (A) Additional civil penalty In addition to any penalty applicable under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), any person that violates this Act shall be liable for a civil penalty of not more than $1,000,000. (B) Method The penalties provided by subparagraph (A) shall be obtained in the same manner as civil penalties imposed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (C) Multiple offenses; mitigating factors In assessing a penalty under subparagraph (A)— (i) each day of a continuing violation shall be considered a separate violation; and (ii) the court shall take into consideration, among other factors— (I) the seriousness of the violation; (II) the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner; and (III) whether the violation was intentional. (b) Enforcement by States (1) In 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 being threatened or adversely affected by a practice that violates this Act, the attorney general of the State may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of the Commission (A) Notice to the Commission (i) In general Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Commission that the attorney general intends to bring such civil action. (ii) Contents The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by the Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Construction Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which— (i) the defendant is an inhabitant, may be found, or transacts business; or (ii) venue is proper under section 1391 of title 28, United States Code. (5) Actions by other State officials (A) In general In addition to a civil action brought by an attorney general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (c) Affirmative defense In an action brought under this section to enforce section 2, it shall be an affirmative defense, on which the defendant has the burden of persuasion by a preponderance of the evidence, that the conduct alleged to be a violation of section 2 was nonpretextual and reasonably necessary to— (1) prevent a violation of, or comply with, Federal or State law; (2) protect patient safety; or (3) protect patient access. 7. Effect on State laws Nothing in this Act shall be construed to preempt, displace, or supplant any State laws, rules, regulations, or requirements, or the enforcement thereof. 8. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Covered individual The term covered individual means a current or former employee, contractor, subcontractor, service provider, or agent of a pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof. (3) Health plan The term health plan means any group or individual health insurance plan or coverage, including any health insurance plan or coverage sponsored or funded by the Federal Government or the government of any State, Territory, or subdivision thereof. (4) Pharmacy benefit manager The term pharmacy benefit manager means any entity that provides pharmacy benefit management services on behalf of a health plan, a payer, or health insurance issuer. (5) Pharmacy benefit management services The term pharmacy benefit management services means, pursuant to a written agreement with a payer or health plan offering group or individual health insurance coverage, directly or through an intermediary, the service of— (A) negotiating terms and conditions, including rebates and price concessions, with respect to a prescription drug on behalf of the health plan, coverage, or payer; or (B) managing the prescription drug benefits provided by the health plan, coverage, or payer, which may include formulary management the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, or the provision of related services. (6) Prescription drug The term prescription drug means— (A) a drug, as that term is defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g) ), that is— (i) approved by the Food and Drug Administration under section 505 of such Act ( 21 U.S.C. 355 ); and (ii) subject to the requirements of section 503(b)(1) of such Act ( 21 U.S.C. 353(b)(1) ); (B) a biological product as that term is defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ); or (C) a product that is biosimilar to, or interchangeable with, a biologic product under section 351 of the Public Health Service Act ( 42 U.S.C. 262(i) ). | https://www.govinfo.gov/content/pkg/BILLS-117s4293is/xml/BILLS-117s4293is.xml |
117-s-4294 | II 117th CONGRESS 2d Session S. 4294 IN THE SENATE OF THE UNITED STATES May 24, 2022 Ms. Ernst (for herself, Mr. Cruz , Mr. Grassley , Mr. Marshall , Mr. Daines , 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 terminate certain contracts relating to the construction of the border fence and to transfer unused border fence material to the States along the southwest border.
1. Short titles This Act may be cited as the Border's Unused Idle and Lying Dormant Inventory Transfer Act or the BUILD IT Act . 2. Transfer of unused border fence material to border States (a) In general Notwithstanding any other provision of law, not later than 90 days after the date of the enactment of this Act, the Federal Government shall deliver to the governments of Arizona, California, New Mexico, and Texas, upon request, any materials associated with the construction of the barrier along international border between the United States and Mexico that— (1) are in the possession of the Department of Homeland Security, the Department of Defense, or any other Federal agency; or (2) have been purchased by the Federal Government, but remain in the possession of any contractor or vendor. (b) Prohibition of fees and delivery charges The Federal Government may not charge any fee or other delivery charge to any of the States referred to in subsection (a) for the delivery of the materials described in subsection (a). (c) Use of materials Any State receiving materials pursuant to subsection (a) shall use such materials for the purpose of barrier construction along the international border between the United States and Mexico. (d) Termination of existing contracts The Federal Government shall terminate, at the convenience of the Government, any contract relating to the maintenance and security of the materials intended for the construction referred to in subsection (a) that— (1) is in effect on the date of the enactment of this Act; and (2) must be terminated in order to comply with subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4294is/xml/BILLS-117s4294is.xml |
117-s-4295 | II 117th CONGRESS 2d Session S. 4295 IN THE SENATE OF THE UNITED STATES May 24, 2022 Mr. Warner (for himself and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend securities and banking laws to make the information reported to financial regulatory agencies electronically searchable, to further enable the development of regulatory technologies and artificial intelligence applications, to put the United States on a path towards building a comprehensive Standard Business Reporting program to ultimately harmonize and reduce the private sector’s regulatory compliance burden, while enhancing transparency and accountability, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Financial Data Transparency 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—Data standards for covered agencies; Department of the Treasury rulemaking Sec. 101. Data standards. Sec. 102. Open data publication by the Department of the Treasury. Sec. 103. No new disclosure requirements. TITLE II—Securities and Exchange Commission Sec. 201. Data standards requirements for the Securities and Exchange Commission. Sec. 202. Open data publication by the Securities and Exchange Commission. Sec. 203. Data transparency at the Municipal Securities Rulemaking Board. Sec. 204. Data transparency at national securities associations. Sec. 205. Shorter-term burden reduction and disclosure simplification at the Securities and Exchange Commission; sunset. Sec. 206. No new disclosure requirements. TITLE III—Federal Deposit Insurance Corporation Sec. 301. Data standards requirements for the Federal Deposit Insurance Corporation. Sec. 302. Open data publication by the Federal Deposit Insurance Corporation. Sec. 303. Rulemaking. Sec. 304. No new disclosure requirements. TITLE IV—Office of the Comptroller of the Currency Sec. 401. Data standards and open data publication requirements for the Office of the Comptroller of the Currency. Sec. 402. Rulemaking. Sec. 403. No new disclosure requirements. TITLE V—Bureau of Consumer Financial Protection Sec. 501. Data standards and open data publication requirements for the Bureau of Consumer Financial Protection. Sec. 502. Rulemaking. Sec. 503. No new disclosure requirements. TITLE VI—Federal Reserve System Sec. 601. Data standards requirements for the Board of Governors of the Federal Reserve System. Sec. 602. Open data publication by the Board of Governors of the Federal Reserve System. Sec. 603. Rulemaking. Sec. 604. No new disclosure requirements. TITLE VII—National Credit Union Administration Sec. 701. Data standards. Sec. 702. Open data publication by the National Credit Union Administration. Sec. 703. Rulemaking. Sec. 704. No new disclosure requirements. TITLE VIII—Federal Housing Finance Agency Sec. 801. Data standards requirements for the Federal Housing Finance Agency. Sec. 802. Open data publication by the Federal Housing Finance Agency. Sec. 803. Rulemaking. Sec. 804. No new disclosure requirements. TITLE IX—Miscellaneous Sec. 901. Rules of construction. Sec. 902. Classified and protected information. Sec. 903. Discretionary surplus fund. Sec. 904. Report. Sec. 905. Determination of budgetary effects. I Data standards for covered agencies; Department of the Treasury rulemaking 101. Data standards (a) In general Subtitle A of the Financial Stability Act of 2010 ( 12 U.S.C. 5321 et seq. ) is amended by adding at the end the following: 124. Data standards (a) Definitions In this section— (1) the term covered agencies means— (A) the Department of the Treasury; (B) the Board of Governors; (C) the Office of the Comptroller of the Currency; (D) the Bureau; (E) the Commission; (F) the Corporation; (G) the Federal Housing Finance Agency; (H) the National Credit Union Administration Board; and (I) any other primary financial regulatory agency designated by the Secretary; (2) the term data standard means a standard that specifies rules by which data is described and recorded; and (3) the terms machine-readable , metadata , and open license have the meanings given the terms in section 3502 of title 44, United States Code. (b) Promulgation of standards Not later than 2 years after the date of enactment of this section, the heads of the covered agencies shall jointly promulgate final rules that establish data standards for— (1) the collections of information reported to each covered agency by financial entities under the jurisdiction of the covered agency; and (2) the data collected from covered agencies on behalf of the Council. (c) Data standards (1) Common identifiers; quality The data standards established in the final rules promulgated under subsection (b) shall— (A) include common identifiers for collections of information reported to covered agencies or collected on behalf of the Council, which shall include a common nonproprietary legal entity identifier that is available under an open license for all entities required to report to covered agencies; and (B) to the extent practicable— (i) render data fully searchable and machine-readable; (ii) enable high quality data through schemas, with accompanying metadata documented in machine-readable taxonomy or ontology models, which clearly define the semantic meaning of the data, as defined by the underlying regulatory information collection requirements; (iii) ensure that a data element or data asset that exists to satisfy an underlying regulatory information collection requirement be consistently identified as such in associated machine-readable metadata; (iv) be nonproprietary or made available under an open license; (v) incorporate standards developed and maintained by voluntary consensus standards bodies; and (vi) use, be consistent with, and implement applicable accounting and reporting principles. (2) Consultation; interoperability In establishing data standards in the final rules promulgated under subsection (b), the heads of the covered agencies shall— (A) consult with other Federal departments and agencies and multi-agency initiatives responsible for Federal data standards; and (B) seek to promote interoperability of financial regulatory data across members of the Council. (d) Effective date The data standards established in the final rules promulgated under subsection (b) shall take effect not later than 2 years after the date on which those final rules are promulgated under that subsection. . (b) Clerical amendment The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 123 the following: Sec. 124. Data standards. . 102. Open data publication by the Department of the Treasury (a) In general Subtitle A of the Financial Stability Act of 2010 ( 12 U.S.C. 5321 et seq. ), as amended by section 101(a), is further amended by adding at the end the following: 125. Open data publication All public data assets published by the Secretary under this subtitle shall be— (1) made available as an open Government data asset (as defined in section 3502 of title 44, United States Code); (2) freely available for download in bulk; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. . (b) Clerical amendment The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as amended by section 101(b), is further amended by inserting after the item relating to section 124 the following: Sec. 125. Open data publication. . (c) Rulemaking The Secretary of the Treasury shall issue rules to carry out the amendments made by this section, which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act. 103. No new disclosure requirements Nothing in this title, or the amendments made by this title, shall be construed to require the Secretary of the Treasury to collect or make publicly available additional information under the Financial Stability Act of 2010 ( 12 U.S.C. 5311 et seq. ), beyond information that was collected or made publicly available under that Act, as of the day before the date of enactment of this Act. II Securities and Exchange Commission 201. Data standards requirements for the Securities and Exchange Commission (a) Data standards for investment advisers’ reports under the Investment Advisers Act of 1940 Section 204 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–4 ) is amended— (1) by redesignating the second subsection (d) (relating to Records of Persons With Custody of Use) as subsection (e); and (2) by adding at the end the following: (f) Data standards for reports filed under this section (1) Requirement The Commission shall, by rule, adopt data standards for all reports filed by investment advisers with the Commission under this section. (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (b) Data standards for registration statements and reports under the Investment Company Act of 1940 The Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. ) is amended— (1) in section 8 ( 15 U.S.C. 80a–8 ), by adding at the end the following: (g) Data standards for registration statements (1) Requirement The Commission shall, by rule, adopt data standards for all registration statements required to be filed with the Commission under this section, except that the Commission may exempt exhibits, signatures, and certifications from those data standards. (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. ; and (2) in section 30 ( 15 U.S.C. 80a–29 ), by adding at the end the following: (k) Data standards for reports (1) Requirement The Commission shall, by rule, adopt data standards for all reports required to be filed with the Commission under this section, except that the Commission may exempt exhibits, signatures, and certifications from those data standards. (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (c) Data standards for information required To be submitted or published by nationally recognized statistical rating organizations Section 15E of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–7 ) is amended by adding at the end the following: (w) Data standards for information required To be submitted or published under this section (1) Requirement The Commission shall, by rule, adopt data standards for all collections of information required to be submitted or published by a nationally recognized statistical rating organization under this section. (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (d) Data standards for asset-Backed securities disclosures Section 7(c) of the Securities Act of 1933 ( 15 U.S.C. 77g(c) ) is amended by adding at the end the following: (3) Data standards for asset-backed securities disclosures (A) Requirement The Commission shall, by rule, adopt data standards for all disclosures required under this subsection. (B) Consistency The data standards required under subparagraph (A) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (e) Data standards for corporate disclosures under the Securities Act of 1933 Title I of the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ) is amended by adding at the end the following: 29. Data standards (a) Requirement The Commission shall, by rule, adopt data standards for all registration statements, and for all prospectuses included in registration statements, required to be filed with the Commission under this title, except that the Commission may exempt exhibits, signatures, and certifications from those data standards. (b) Consistency The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (f) Data standards for periodic and current corporate disclosures under the Securities Exchange Act of 1934 Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following: (s) Data standards (1) Requirement The Commission shall, by rule, adopt data standards for all collections of information with respect to periodic and current reports required to be filed or furnished under this section or under section 15(d), except that the Commission may exempt exhibits, signatures, and certifications from those data standards. (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (g) Data standards for corporate proxy and consent solicitation materials under the Securities Exchange Act of 1934 Section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) is amended by adding at the end the following: (k) Data standards for proxy and consent solicitation materials (1) Requirement The Commission shall, by rule, adopt data standards for all information contained in any proxy or consent solicitation material prepared by an issuer for an annual meeting of the shareholders of the issuer, except that the Commission may exempt exhibits, signatures, and certifications from those data standards. (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (h) Data standards for security-Based swap reporting The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended by adding at the end the following: 41. Data standards for security-Based swap reporting (a) Requirement The Commission shall, by rule, adopt data standards for all reports related to security-based swaps that are required under this Act. (b) Consistency The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (i) Rulemaking (1) In general The rules that the Securities and Exchange Commission are required to issue under the amendments made by this section shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act. (2) Scaling of regulatory requirements; minimizing disruption In issuing the rules required under the amendments made by this section, as described in paragraph (1), the Securities and Exchange Commission— (A) may scale data reporting requirements in order to reduce any unjustified burden on emerging growth companies, lending institutions, accelerated filers, smaller reporting companies, and other smaller issuers, as determined by any study required under section 205(b), while still providing searchable information to investors; and (B) shall seek to minimize disruptive changes to the persons affected by those rules. 202. Open data publication by the Securities and Exchange Commission Section 4 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78d ) is amended by adding at the end the following: (k) Open data publication All public data assets published by the Commission under the securities laws and the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ; 124 Stat. 1376) shall be— (1) made available as an open Government data asset (as defined in section 3502 of title 44, United States Code); (2) freely available for download in bulk; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. . 203. Data transparency at the Municipal Securities Rulemaking Board (a) In general Section 15B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(b) ) is amended by adding at the end the following: (8) (A) If the Board establishes information systems under paragraph (3), the Board shall adopt data standards for information submitted through those systems. (B) Any data standards adopted under subparagraph (A) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (b) Rulemaking (1) In general Not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act, the Municipal Securities Rulemaking Board shall issue rules to adopt the standards required under paragraph (8) of section 15B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(b) ), as added by subsection (a), if the Board has established information systems under paragraph (3) of such section 15B(b). (2) Scaling of regulatory requirements; minimizing disruption In issuing the rules described in paragraph (1), the Municipal Securities Rulemaking Board— (A) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and (B) shall seek to minimize disruptive changes to the persons affected by those regulations. 204. Data transparency at national securities associations (a) In general Section 15A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–3 ) is amended by adding at the end the following: (n) Data standards (1) Requirement A national securities association registered pursuant to subsection (a) shall adopt data standards for all information that is regularly filed with or submitted to the association. (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (b) Rulemaking (1) In general Not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act, each national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–3(a) ) shall issue rules to adopt the standards required under subsection (n) of section 15A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–3 ), as added by subsection (a) of this section. (2) Scaling of regulatory requirements; minimizing disruption In issuing the rules required under paragraph (1), a national securities association described in that paragraph— (A) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and (B) shall seek to minimize disruptive changes to the persons affected by those standards. 205. Shorter-term burden reduction and disclosure simplification at the Securities and Exchange Commission; sunset (a) Better enforcement of the quality of corporate financial data submitted to the Securities and Exchange Commission (1) Data quality improvement program (A) In general Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall establish a program to improve the quality of corporate financial data filed or furnished by issuers under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ), the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ), and the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. ). (B) Contents The program established under subparagraph (A) shall include the following: (i) The designation of an official in the Office of the Chairman of the Securities and Exchange Commission responsible for the improvement of the quality of data filed with or furnished to the Commission by issuers. (ii) The issuance by the Division of Corporation Finance of the Securities and Exchange Commission of comment letters requiring correction of errors in data filings and submissions, where necessary. (2) Goals In establishing the program required under this subsection, the Securities and Exchange Commission shall seek to— (A) improve the quality of data filed with or furnished to the Commission to a commercially acceptable level; and (B) make data filed with or furnished to the Commission useful to investors. (b) Report on the use of machine-Readable data for corporate disclosures (1) In general Not later than 180 days after the date of enactment of this Act, and once every 180 days thereafter, the Securities and Exchange Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding the public and internal use of machine-readable data for corporate disclosures. (2) Content Each report required under paragraph (1) shall include— (A) an identification of which corporate disclosures required under section 7 of the Securities Act of 1933 ( 15 U.S.C. 77g ), section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ), and section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) are expressed as machine-readable data and which are not; (B) an analysis of the costs and benefits of the use of machine-readable data in corporate disclosure to investors, markets, the Securities and Exchange Commission, and issuers; (C) a summary of enforcement actions that result from the use or analysis of machine-readable data collected under the provisions of law described in subparagraph (A); and (D) an analysis of how the Securities and Exchange Commission uses the machine-readable data collected by the Commission. (c) Sunset Beginning on the date that is 7 years after the date of enactment of this Act, this section shall have no force or effect. 206. No new disclosure requirements Nothing in this title, or the amendments made by this title, shall be construed to require the Securities and Exchange Commission, the Municipal Securities Rulemaking Board, or any national securities association to collect or make publicly available additional information under the provisions of law amended by this title (or under any provision of law referenced in an amendment made by this title), beyond information that was collected or made publicly available under any such provision, as of the day before the date of enactment of this Act. III Federal Deposit Insurance Corporation 301. Data standards requirements for the Federal Deposit Insurance Corporation The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) is amended by adding at the end the following: 52. Data standards (a) Definition In this section, the term financial company has the meaning given the term in section 201(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5381(a) ). (b) Requirement The Corporation shall, by rule, adopt data standards for all collections of information with respect to information received by the Corporation from any depository institution or financial company under this Act or under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5381 et seq. ). (c) Consistency The data standards required under subsection (b) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . 302. Open data publication by the Federal Deposit Insurance Corporation The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ), as amended by section 301, is further amended by adding at the end the following: 53. Open data publication All public data assets published by the Corporation under this Act or under the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ; 124 Stat. 1376) shall be— (1) made available as an open Government data asset (as defined in section 3502 of title 44, United States Code); (2) freely available for download in bulk; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. . 303. Rulemaking (a) In general The Federal Deposit Insurance Corporation shall issue rules to carry out the amendments made by this title, which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act. (b) Scaling of regulatory requirements; minimizing disruption In issuing the rules required under subsection (a), the Federal Deposit Insurance Corporation— (1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and (2) shall seek to minimize disruptive changes to the persons affected by those regulations. 304. No new disclosure requirements Nothing in this title, or the amendments made by this title, shall be construed to require the Federal Deposit Insurance Corporation to collect or make publicly available additional information under the Acts amended by this title (or under any provision of law referenced in an amendment made by this title), beyond information that was collected or made publicly available under any such provision, as of the day before the date of enactment of this Act. IV Office of the Comptroller of the Currency 401. Data standards and open data publication requirements for the Office of the Comptroller of the Currency The Revised Statutes of the United States is amended by inserting after section 332 ( 12 U.S.C. 14 ) the following: 333. Data standards; Open data publication (a) Data standards (1) Requirement The Comptroller of the Currency shall, by rule, adopt data standards for all collections of information that are regularly filed with or submitted to the Comptroller of the Currency by any entity with respect to which the Office of the Comptroller of the Currency is the appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )). (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. (b) Open data publication All public data assets published by the Comptroller of the Currency under title LXII or the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ; 124 Stat. 1376) shall be— (1) made available as an open Government data asset (as defined in section 3502 of title 44, United States Code); (2) freely available for download in bulk; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. . 402. Rulemaking (a) In general The Comptroller of the Currency shall issue rules to carry out the amendments made by section 401, which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act. (b) Scaling of regulatory requirements; minimizing disruption In issuing the rules required under subsection (a), the Comptroller of the Currency— (1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and (2) shall seek to minimize disruptive changes to the persons affected by those regulations. 403. No new disclosure requirements Nothing in this title, or the amendments made by this title, shall be construed to require the Comptroller of the Currency to collect or make publicly available additional information under the Revised Statutes of the United States (or under any other provision of law referenced in an amendment made by this title), beyond information that was collected or made publicly available under any such provision of law, as of the day before the date of enactment of this Act. V Bureau of Consumer Financial Protection 501. Data standards and open data publication requirements for the Bureau of Consumer Financial Protection (a) In general Subtitle A of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5491 et seq. ) is amended by— (1) redesignating section 1018 ( 12 U.S.C. 5491 note) as section 1020; and (2) by inserting after section 1017 ( 12 U.S.C. 5497 ) the following: 1018. Data standards (a) Requirement The Bureau shall, by rule, adopt data standards for all collections of information that are regularly filed with or submitted to the Bureau. (b) Consistency The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. 1019. Open data publication All public data assets published by the Bureau shall be— (1) made available as an open Government data asset (as defined in section 3502 of title 44, United States Code); (2) freely available for download in bulk; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. . (b) Clerical amendment The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 1018 and inserting the following: Sec. 1018. Data standards. Sec. 1019. Open data publication. Sec. 1020. Effective date. . 502. Rulemaking (a) In general The Director of the Bureau of Consumer Financial Protection shall issue rules to carry out the amendments made by section 501, which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act. (b) Scaling of regulatory requirements; minimizing disruption In issuing the rules required under subsection (a), the Director of the Bureau of Consumer Financial Protection— (1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and (2) shall seek to minimize disruptive changes to the persons affected by those regulations. 503. No new disclosure requirements Nothing in this title, or the amendments made by this title, shall be construed to require the Bureau of Consumer Financial Protection to collect or make publicly available additional information under the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. ), beyond information that was collected or made publicly available under that Act, as of the day before the date of enactment of this Act. VI Federal Reserve System 601. Data standards requirements for the Board of Governors of the Federal Reserve System (a) Data standards for information filed or submitted by nonbank financial companies Section 161(a) of the Financial Stability Act of 2010 ( 12 U.S.C. 5361(a) ) is amended by adding at the end the following: (4) Data standards for reports under this subsection (A) In general The Board of Governors shall adopt data standards for all information that, through a collection of information, is regularly filed with or submitted to the Board of Governors under this subsection by any nonbank financial company supervised by the Board of Governors or any subsidiary thereof. (B) Consistency The data standards required under subparagraph (A) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of section 124. . (b) Data standards for information filed or submitted by savings and loan holding companies Section 10 of the Home Owners’ Loan Act ( 12 U.S.C. 1467a ) is amended by adding at the end the following: (u) Data standards (1) Requirement The Board shall adopt data standards for all information that, through a collection of information, is regularly filed with or submitted to the Board by any savings and loan holding company, or subsidiary of a savings and loan holding company, other than a depository institution, under this section. (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (c) Data standards for information filed or submitted by bank holding companies Section 5 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1844 ) is amended by adding at the end the following: (h) Data standards (1) Requirement The Board shall adopt data standards for all information that, through a collection of information, is regularly filed with or submitted to the Board by any bank holding company in a report under subsection (c). (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . (d) Data standards for information submitted by financial market utilities or institutions under the Payment, Clearing, and Settlement Supervision Act of 2010 Section 809 of the Payment, Clearing, and Settlement Supervision Act of 2010 ( 12 U.S.C. 5468 ) is amended by adding at the end the following: (h) Data standards (1) Requirement The Board of Governors shall adopt data standards for all information that, through a collection of information, is regularly filed with or submitted to the Board or the Council by any financial market utility or financial institution under subsection (a) or (b). (2) Consistency The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . 602. Open data publication by the Board of Governors of the Federal Reserve System The Federal Reserve Act ( 12 U.S.C. 226 et seq. ) is amended by adding at the end the following: 32. Open data publication by the Board of Governors All public data assets published by the Board of Governors under this Act, the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. ), the Financial Stability Act of 2010 ( 12 U.S.C. 5311 et seq. ), the Home Owners’ Loan Act ( 12 U.S.C. 1461 et seq. ), the Payment, Clearing, and Settlement Supervision Act of 2010 ( 12 U.S.C. 5461 et seq. ), or the Enhancing Financial Institution Safety and Soundness Act of 2010 (title III of Public Law 111–203 ) (or any provision of law amended by that Act) shall be— (1) made available as an open Government data asset (as defined in section 3502 of title 44, United States Code); (2) freely available for download in bulk; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. . 603. Rulemaking (a) In general The Board of Governors of the Federal Reserve System shall issue rules to carry out the amendments made by this title, which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act. (b) Scaling of regulatory requirements; minimizing disruption In issuing the rules required under subsection (a), the Board of Governors of the Federal Reserve System— (1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and (2) shall seek to minimize disruptive changes to the persons affected by those regulations. 604. No new disclosure requirements Nothing in this title, or the amendments made by this title, shall be construed to require the Board of Governors of the Federal Reserve System to collect or make publicly available additional information under any Act amended by this title, any Act referenced in an amendment made by this title, or any Act amended by an Act referenced in an amendment made by this title, beyond information that was collected or made publicly available under any such provision of law, as of the day before the date of enactment of this Act. VII National Credit Union Administration 701. Data standards Title I of the Federal Credit Union Act ( 12 U.S.C. 1752 et seq. ) is amended by adding at the end the following: 132. Data standards (a) Requirement The Board shall, by rule, adopt data standards for all collections of information and reports regularly filed with or submitted to the Administration under this Act. (b) Consistency The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . 702. Open data publication by the National Credit Union Administration Title I of the Federal Credit Union Act ( 12 U.S.C. 1752 et seq. ), as amended by section 801, is further amended by adding at the end the following: 133. Open data publication All public data assets published by the Administration under this title shall be— (1) made available as an open Government data asset (as defined in section 3502 of title 44, United States Code); (2) freely available for download in bulk; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. . 703. Rulemaking (a) In general The National Credit Union Administration Board shall issue rules to carry out the amendments made by this title, which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act. (b) Scaling of regulatory requirements; minimizing disruption In issuing the rules required under subsection (a), the National Credit Union Administration Board— (1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and (2) shall seek to minimize disruptive changes to the persons affected by those regulations. 704. No new disclosure requirements Nothing in this title, or the amendments made by this title, shall be construed to require the National Credit Union Administration Board to collect or make publicly available additional information under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ), beyond information that was collected or made publicly available under that Act, as of the day before the date of enactment of this Act. VIII Federal Housing Finance Agency 801. Data standards requirements for the Federal Housing Finance Agency Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4511 et seq. ) is amended by adding at the end the following: 1319H. Data standards (a) Requirement The Agency shall, by rule, adopt data standards for all collections of information that are regularly filed with or submitted to the Agency. (b) Consistency The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 124. . 802. Open data publication by the Federal Housing Finance Agency Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4511 et seq. ), as amended by section 801, is further amended by adding at the end the following: 1319I. Open data publication All public data assets published by the Agency shall be— (1) made available as an open Government data asset (as defined in section 3502 of title 44, United States Code); (2) freely available for download in bulk; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. . 803. Rulemaking (a) In general The Director of the Federal Housing Finance Agency shall issue rules to carry out the amendments made by this title, which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b) of the Financial Stability Act of 2010, as added by section 101(a) of this Act. (b) Minimizing disruption In issuing the regulations required under subsection (a), the Director of the Federal Housing Finance Agency shall seek to minimize disruptive changes to the persons affected by those rules. 804. No new disclosure requirements Nothing in this title, or the amendments made by this title, shall be construed to require the Federal Housing Finance Agency to collect or make publicly available additional information under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4501 et seq. ), beyond information that was collected or made publicly available under that Act, as of the day before the date of enactment of this Act. IX Miscellaneous 901. Rules of construction (a) No effect on intellectual property Nothing in this Act, or the amendments made by this Act, may be construed to alter the existing legal protections of copyrighted material or other intellectual property rights of any non-Federal person. (b) No effect on monetary policy Nothing in this Act, or the amendments made by this Act, may be construed to apply to activities conducted, or data standards used, in connection with monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. (c) Preservation of agency authority To tailor requirements Nothing in this Act, or the amendments made by this Act, may be construed to prohibit the head of a covered agency, as defined in section 124(a) of the Financial Stability Act of 2010, as added by section 101(a) of this Act, from tailoring those standards when those standards are adopted under this Act and the amendments made by this Act. 902. Classified and protected information (a) In general Nothing in this Act, or the amendments made by this Act, shall require the disclosure to the public of— (1) information that would be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); or (2) information protected under— (A) section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ); or (B) section 6103 of the Internal Revenue Code of 1986. (b) Existing agency regulations Nothing in this Act, or the amendments made by this Act, shall be construed to require the Secretary of the Treasury, the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Director of the Bureau of Consumer Financial Protection, the Board of Governors of the Federal Reserve System, the National Credit Union Administration Board, the Director of the Federal Housing Finance Agency, or the head of any other primary financial regulatory agency (as defined in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 )) designated by the Secretary of the Treasury to amend existing regulations and procedures regarding the sharing and disclosure of nonpublic information, including confidential supervisory information. 903. Discretionary surplus fund (a) In general Section 7(a)(3)(A) of the Federal Reserve Act ( 12 U.S.C. 289(a)(3)(A) ) is amended by striking $6,825,000,000 and inserting $6,725,000,000 . (b) Effective date The amendment made by subsection (a) shall take effect on September 30, 2031. 904. Report Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the feasibility, costs, and potential benefits of building upon the taxonomy established by this Act, and the amendments made by this Act, to arrive at a Federal governmentwide regulatory compliance standardization mechanism similar to Standard Business Reporting. 905. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s4295is/xml/BILLS-117s4295is.xml |
117-s-4296 | II 117th CONGRESS 2d Session S. 4296 IN THE SENATE OF THE UNITED STATES May 24, 2022 Ms. Klobuchar (for herself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reauthorize the Virginia Graeme Baker Pool and Spa Safety Act, and for other purposes.
1. Short title This Act may be cited as the Virginia Graeme Baker Pool and Spa Safety Reauthorization Act of 2022 . 2. Findings Section 1402 of the Virginia Graeme Baker Pool and Spa Safety Act ( 15 U.S.C. 8001 ) is amended to read as follows: 1402. Findings Congress finds the following: (1) Drowning is a public health crisis. Drowning can happen in seconds, is often silent, and can happen to anyone, anytime there is access to water. (2) About 11 people die each day from drowning in the United States, and drowning kills nearly 4,000 people each year in the United States. (3) Of injury-related deaths, drowning is the first leading cause of accidental death in children aged 1 to 4 in the United States, and the second leading cause of accidental death in children aged 1 to 14 in the United States. (4) Drowning death rates for Black people are 1.5 times higher than the rates for White people, and drowning death rates for American Indian people ages 29 and younger are 2 times higher than the rates for White people in the same age range. (5) Rural Americans are 26 percent more likely to die by drowning than urban Americans. (6) Research shows that the installation and proper use of barriers or fencing, as well as additional layers of protection, such as swimming lessons, could substantially reduce the number of childhood fatal and nonfatal drownings in residential swimming pools. . 3. Covered entity defined (a) In general Section 1403 of the Virginia Graeme Baker Pool and Spa Safety Act ( 15 U.S.C. 8002 ) is amended— (1) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (6), (8), (9), (10), and (11), respectively; (2) by inserting after paragraph (3) the following: (4) Covered entity The term covered entity means— (A) a State; (B) an Indian Tribe; or (C) a nonprofit organization. (5) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). ; and (3) by inserting after paragraph (6) (as so redesignated) the following: (7) Nonprofit organization The term nonprofit organization means an organization that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and (B) has proven experience (as determined by the Commission) dealing in swimming pool or spa safety and drowning prevention. . (b) Technical correction Paragraph (11) of section 1403 of the Virginia Graeme Baker Pool and Spa Safety Act (as so redesignated) is amended by striking section 3(10) of the Consumer Product Safety Act ( 15 U.S.C. 2052(10) ) and inserting section 3(a) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a) ) . 4. Swimming pool safety grant program (a) In general Section 1405 of the Virginia Graeme Baker Pool and Spa Safety Act ( 15 U.S.C. 8004 ) is amended to read as follows: 1405. Swimming pool safety grant program (a) In general Subject to the availability of appropriations authorized by subsection (j), the Commission shall carry out a grant program to provide assistance to eligible covered entities. (b) Eligibility To be eligible for a grant under the program, a covered entity shall— (1) demonstrate to the satisfaction of the Commission that, as of the date on which the covered entity submits an application to the Commission for a grant under this section, the covered entity (if the covered entity is a State or an Indian Tribe), or the State in which or the Indian Tribe in the jurisdiction of which the covered entity is proposing to carry out activities using grant funds (if the covered entity is a nonprofit organization), has enacted and provides for the enforcement of a statute that— (A) except as provided in section 1406(a)(1)(A)(i), applies to all swimming pools constructed in the State or in the jurisdiction of the Indian Tribe (as the case may be) on or after such date; and (B) meets the minimum State law requirements of section 1406; and (2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require. (c) Selection of grant recipients (1) Priority In selecting covered entities to receive grants under the program, the Commission shall give priority (in such order as the Commission considers appropriate) based on the following factors: (A) A covered entity not having previously been awarded a grant under the program. (B) A covered entity proposing to use grant funds to provide education described in paragraph (1)(B)(i) or (2)(A) of subsection (f) to a greater number of individuals. (C) A covered entity proposing to use grant funds to build on prior expertise and activities aimed at preventing drownings. (D) A covered entity proposing to use grant funds to carry out activities in a geographic area that has a greater number per capita of drowning or entrapment incidents. (E) A covered entity proposing to use grant funds in underserved, minority, or rural communities to provide services that address and target racial, ethnic, or rural drowning disparities. (F) Such other factors as the Commission considers appropriate. (2) Geographic diversity (A) In general In selecting covered entities to receive grants under the program, the Commission shall, to the maximum extent practicable, ensure geographic diversity in the areas where activities will be carried out using grant funds. (B) Technical assistance If the Commission awards grants to two or more covered entities that will carry out activities using grant funds in the same geographic area, the Commission shall provide technical assistance to such entities regarding how such entities may collaborate in carrying out such activities. (d) Amount of grant The Commission shall determine the amount of a grant awarded under this section, and shall consider— (1) in the case of a covered entity that is a State or an Indian Tribe— (A) the population of such State or Indian Tribe; (B) the relative enforcement and implementation needs of such State or Indian Tribe; or (C) the relative education needs of such State or Indian Tribe proposing to use grant funds pursuant to subsection (f)(1)(B)(i); (2) in the case of a covered entity that is a nonprofit organization, the number of individuals to whom such nonprofit organization is proposing to provide education described in subsection (f)(2)(A) using grant funds, taking into account any increased costs of providing education due to rurality or remoteness in the area the nonprofit organization is proposing to serve; and (3) allocation of grant funds in a manner designed to provide the maximum benefit from the program in terms of protecting children from drowning or entrapment. (e) Length of grant A grant under this section shall be awarded over 3 fiscal years. (f) Use of grant funds (1) States and Indian Tribes A State or an Indian Tribe receiving a grant under this section shall use— (A) at least 25 percent of amounts made available— (i) to hire and train personnel for— (I) implementation and enforcement of standards under the swimming pool and spa safety law of the State or Indian Tribe; and (II) inspecting and repairing or replacing swimming pool and spa drain covers to ensure compliance with applicable Federal, State, and Tribal law; and (ii) to defray administrative costs associated with the hiring and training programs under clause (i); and (B) the remainder— (i) to educate pool owners, pool operators, and other members of the public about the standards under the swimming pool and spa safety law of the State or Indian Tribe and about the prevention of drowning or entrapment of children using swimming pools and spas, which may include the provision of swimming lessons (except that not more than 25 percent of such remainder may be used for the provision of swimming lessons); and (ii) to defray administrative costs associated with the education programs under clause (i). (2) Nonprofit organizations A nonprofit organization receiving a grant under this section shall use the amounts made available— (A) to educate pool owners, pool operators, and other members of the public about the prevention of drowning or entrapment of children using swimming pools and spas, which may include the provision of swimming lessons (except that not more than 25 percent of such amounts may be used for the provision of swimming lessons); and (B) to defray administrative costs associated with the education programs under subparagraph (A). (g) Recipient reporting Not later than 60 days after the end of the 3 fiscal year period over which a grant is awarded to a covered entity under this section, the covered entity shall submit to the Commission a report on the following: (1) The amount of grant funds received by the covered entity. (2) The purposes for which the covered entity proposed to use grant funds in the grant application of the covered entity. (3) The purposes for which the covered entity used grant funds. (4) Whether the purposes identified under paragraphs (2) and (3) were achieved. (5) Any barriers encountered in carrying out activities using grant funds. (6) Any best practices or recommendations for future recipients of grant funds. (h) Grant awareness campaign The Commission shall carry out a campaign to conduct outreach to covered entities to ensure covered entities are aware of the availability and importance of the grants under this section. (i) Employees (1) Director The Commission shall have a Director of Drowning Prevention to coordinate the swimming pool and spa safety and drowning prevention activities at the Commission, including carrying out duties under this title. (2) Full-time equivalent (A) Requirement The Commission shall ensure that at least 1 full-time equivalent employee is dedicated to carrying out the grant program under this section. (B) Calculation Any duties performed by the Director of Drowning Prevention may not be considered in determining whether the requirement of subparagraph (A) is complied with. (j) Authorization of appropriations There are authorized to be appropriated to the Commission for each of the fiscal years 2022 through 2027 $5,000,000 to carry out this section. . (b) Conforming amendments Section 1406 of the Virginia Graeme Baker Pool and Spa Safety Act ( 15 U.S.C. 8005 ) is amended— (1) in subsection (a)(2), by striking the eligibility of a State each place it appears and inserting the eligibility of a covered entity ; and (2) by adding at the end the following: (e) State defined In this section, the term State includes an Indian Tribe. . 5. Reauthorization of CPSC education and awareness program Section 1407 of the Virginia Graeme Baker Pool and Spa Safety Act ( 15 U.S.C. 8006 ) is amended to read as follows: 1407. Education and awareness program (a) In general The Commission shall establish and carry out an education and awareness program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. In carrying out the program, the Commission shall develop— (1) educational materials designed for swimming pool and spa manufacturers, service companies, and supply retail outlets, including guidance on barrier and drain cover inspection, maintenance, and replacement; (2) educational materials designed for swimming pool and spa owners and operators, consumers, States, Indian Tribes, and nonprofit organizations; and (3) a national media campaign to promote awareness of swimming pool and spa safety. (b) Authorization of appropriations There are authorized to be appropriated to the Commission for each of the fiscal years 2022 through 2027 $5,000,000 to carry out the education and awareness program authorized by subsection (a). . 6. CPSC report Section 1408 of the Virginia Graeme Baker Pool and Spa Safety Act ( 15 U.S.C. 8007 ) is amended to read as follows: 1408. CPSC report (a) In general Not later than 1 year after the last day of each fiscal year for which grants are made under section 1405, the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by that section. (b) Matters To be included Each report required by subsection (a) shall include, with respect to the fiscal year covered by the report, the following: (1) How many applicants applied for grants under the program. (2) For each such applicant— (A) name; (B) location; (C) prior experience in swimming pool or spa safety; and (D) such other details as the Commission considers appropriate. (3) How many applicants received grants under the program and the amount of the grant received by each such applicant. (4) How recipients of grants under the program were selected and the purposes for which each such recipient proposed to use grant funds in the grant application of the recipient. (5) Any purposes, other than making grants under section 1405, for which the Commission used amounts appropriated under subsection (j) of such section. (6) An evaluation of the effectiveness of the program, including any barriers or gaps, and recommendations for legislative changes, if required to increase the effectiveness of the program. . | https://www.govinfo.gov/content/pkg/BILLS-117s4296is/xml/BILLS-117s4296is.xml |
117-s-4297 | II 117th CONGRESS 2d Session S. 4297 IN THE SENATE OF THE UNITED STATES May 24, 2022 Mr. Manchin (for himself, Mr. Rounds , Mr. Heinrich , Mrs. Capito , Mr. Luján , Mr. Thune , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To repeal the VA Asset and Infrastructure Review Act of 2018.
1. Short title This Act may be cited as the Elimination of the VA Asset and Infrastructure Review (AIR) Commission Act of 2022 . 2. Elimination of Asset and Infrastructure Review Commission of Department of Veterans Affairs The VA Asset and Infrastructure Review Act of 2018 (subtitle A of title II of Public Law 115–182 ; 38 U.S.C. 8122 note) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s4297is/xml/BILLS-117s4297is.xml |
117-s-4298 | II 117th CONGRESS 2d Session S. 4298 IN THE SENATE OF THE UNITED STATES May 24, 2022 Mr. Wicker (for himself and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Transportation Security Administration to standardize the enrollment process for individuals applying for multiple TSA security threat assessment programs, including the TWIC, HAZMAT Endorsement, and TSA PreCheck programs of the Administration, and for other purposes.
1. Short title This Act may be cited as the TSA Security Threat Assessment Application Modernization Act . 2. Standardization of applications for certain programs of the Transportation Security Administration (a) Standardization (1) In general The Administrator of the Transportation Security Administration (in this section referred to as the TSA ) shall take such actions as are necessary to standardize the enrollment and renewal system for individuals applying for or renewing enrollment in more than one TSA security threat assessment program, including the TWIC, HAZMAT Endorsement, and TSA PreCheck programs (or any related successor programs), to permit an individual to— (A) except as provided in paragraph (3), enroll at any TSA enrollment center once and use the application, as well as the application generated by TSA’s vetting for one of such programs to enroll in 2 or more of such programs; (B) apply successful, valid clearance results from a TSA security threat assessment, including criminal history information, to satisfy vetting requirements for participation in any TSA security threat assessment program; and (C) undergo a streamlined and expeditious renewal process. (2) Streamlining In carrying out paragraph (1)(B), the Administrator of the TSA shall— (A) align the expiration of an individual’s successful, valid clearance results with the expiration of that individual’s eligibility to participate in TSA security threat assessment programs; (B) provide to States the expiration dates for the enrollment of individuals in TSA security threat assessment programs to ensure that the commercial driver’s license of an individual who holds a HAZMAT Endorsement does not indicate that the individual is authorized to transport hazardous materials after the expiration date of the enrollment of the individual in the HAZMAT Endorsement security threat assessment program if the commercial driver’s license has an expiration date that is different from the expiration date of such enrollment; and (C) enroll an individual in a second or subsequent TSA security threat assessment program at the minimum cost necessary for the TSA to cover printing costs and costs associated with the collection of additional biometric and biographic data required under paragraph (3). (3) Special rule If an individual under subsection (a) is at different times applying for or renewing enrollment in more than one TSA security threat assessment program, such individual may be required to revisit any TSA enrollment center for the collection of additional data, such as biometrics, necessary for any such program that were not so collected in connection with any other such program. (b) Publication The Administrator of the TSA shall post on a publicly available website of the TSA information relating to the standardization of the enrollment system for individuals applying for multiple TSA security threat assessment programs described in subsection (a). (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Administrator of the TSA shall brief Congress on progress made toward the implementation of this section. (d) Deadline Not later than 2 years after the date of the enactment of this Act, the Administrator of the TSA shall complete the standardization of the enrollment and renewal system for individuals applying for or renewing enrollment in multiple TSA security threat assessment programs described in subsection (a). (e) Definitions In this Act: (1) HAZMAT Endorsement The term HAZMAT Endorsement means a hazardous materials endorsement on a commercial driver’s license issued by a State under section 5103a of title 49, United States Code. (2) TSA PreCheck The term TSA PreCheck means the trusted traveler program of the Transportation Security Administration under section 109(a)(3) of the Aviation and Transportation Security Act ( Public Law 107–71 ; 49 U.S.C. 114 note) and section 44919 of title 49, United States Code. (3) TWIC The term TWIC means a valid transportation security card issued by the Secretary of the department in which the Coast Guard is operating under section 70105 of title 46, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4298is/xml/BILLS-117s4298is.xml |
117-s-4299 | II 117th CONGRESS 2d Session S. 4299 IN THE SENATE OF THE UNITED STATES May 24, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To repeal the sunset for collateral requirements for Small Business Administration disaster loans.
1. Repeal of sunset for collateral requirements for SBA disaster loans Section 2102(b) of the RISE After Disaster Act of 2015 ( 15 U.S.C. 636 note) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s4299is/xml/BILLS-117s4299is.xml |
117-s-4300 | II 117th CONGRESS 2d Session S. 4300 IN THE SENATE OF THE UNITED STATES May 24, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To express the sense of Congress on security cooperation with Bahrain and to require a report on capabilities upgrades for the Fifth Fleet, and for other purposes.
1. Short title This Act may be cited as the Bahrain Security Cooperation Improvement Act . 2. Sense of Congress on security cooperation with Bahrain It is the sense of Congress that— (1) it is in the national security interests of the United States to maintain a strong relationship with Bahrain and to support the military efforts of Bahrain; (2) Bahrain has a critical role as the host of the United States Navy’s Fifth Fleet (referred to in this Act as the Fifth Fleet ) and the United States Naval Forces Central Command; (3) Bahrain is a major defense and security cooperation partner of the United States, as recognized in 2002 by the designation of Bahrain as a major non-NATO ally of the United States; (4) the number of exchanges between defense and law enforcement officials of the United States and Bahrain at the strategic, policy, and tactical levels should be increased for purposes of— (A) enhancing cooperation on defense planning; (B) improving intelligence sharing to combat terrorism; and (C) improving interoperability between the Ministry of Interior of Bahrain and the Fifth Fleet; (5) the United States should ensure Bahrain has appropriate capabilities with respect to its air, missile, and unmanned aerial systems defense assets to support peace efforts in the area of responsibility of the Fifth Fleet; (6) it is important for the United States to be a source of consistent and reliable defense assets for Bahrain; (7) the United States should deepen interoperability with Bahrain with respect to defense capabilities, including— (A) maritime and air domain awareness; (B) integrated air and missile defense systems; and (C) counter-unmanned aircraft system measures; (8) to the extent practicable, the Secretary of Defense should prioritize the inclusion of Bahrain in military exercises so as to increase security cooperation between, and the readiness of, Bahrain and the United States; and (9) it is in the best interests of the United States and Bahrain to work together to oppose terrorism and radical extremism in the Middle East. 3. Report on Fifth Fleet capabilities upgrades (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101(a) of title 10, United States Code) a report on— (1) capabilities upgrades necessary to enable the Fifth Fleet to address emerging threats in its area of responsibility; and (2) any costs associated with such upgrades. (b) Element The report required by subsection (a) shall include an assessment of Department of Defense efforts— (1) to increase the number of exchanges between defense and law enforcement officials of the United States and Bahrain at the strategic, policy, and tactical levels for purposes of— (A) enhancing cooperation on defense planning; (B) improving intelligence sharing to combat terrorism; and (C) improving interoperability between the public security forces of Bahrain and the Fifth Fleet; (2) to ensure that Bahrain has appropriate capabilities with respect to its air, missile, and unmanned aerial systems defense assets to support peace efforts in the area of responsibility of the Fifth Fleet; and (3) to deepen interoperability with Bahrain with respect to defense capabilities, including— (A) maritime and air domain awareness; (B) integrated air and missile defense systems; and (C) counter-unmanned aircraft system measures. | https://www.govinfo.gov/content/pkg/BILLS-117s4300is/xml/BILLS-117s4300is.xml |
117-s-4301 | II 117th CONGRESS 2d Session S. 4301 IN THE SENATE OF THE UNITED STATES May 25, 2022 Ms. Hassan (for herself, Ms. Murkowski , 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 reauthorize and improve the block grants for prevention and treatment of substance abuse.
1. Short title This Act may be cited as the Substance Use Prevention, Treatment, and Recovery Act . 2. Other amendments to the block Grants for Prevention and Treatment of Substance Abuse (a) Certain allocations (1) Allocations regarding recovery Section 1922 of the Public Health Service Act ( 42 U.S.C. 300x–22 ) is amended by adding at the end the following: (c) Allocations regarding recovery (1) In general A funding agreement for this grant under section 1921 is that, in expending the grant, the State involved will expend not less than 10 percent each fiscal year for programs for community-based and peer recovery support services for individuals with a substance use disorder. (2) Special rule for 2023 Notwithstanding paragraph (1), for fiscal year 2023, a State shall expend not less than 7 percent for programs described in such paragraph, provided that, in fiscal year 2024, the State expends for such programs an amount equal to any difference between 10 percent of the grant amount for fiscal year 2023 and the amount actually expended for such programs in fiscal year 2023, in addition to meeting the requirements of paragraph (1) with respect to grant amounts for fiscal year 2024. . (2) Technical amendment Effective as if included in the enactment of the Children's Health Act of 2000 ( Public Law 106–310 ), section 3303(f)(2)(A) of the Children's Health Act of 2000 ( Public Law 106–310 ; 114 Stat. 1211) is amended by striking section 1922(c) of the Public Health Service Act ( 42 U.S.C. 300x–22(c) ) and inserting section 1922(b) of the Public Health Service Act, as amended by section 3303(a), . (b) Public health promotion for recovery (1) Formula grants Section 1921(b) of the Public Health Service Act ( 42 U.S.C. 300x–21(b) ) is amended— (A) by inserting , including measures for infrastructure, education, or outreach to prevent overdose or other health risks, after substance use disorders ; and (B) by inserting evidence-based or evidence-informed after evaluating . (2) Certain restrictions on expenditures Section 1931(a)(1) of the Public Health Service Act ( 42 U.S.C. 300x–31(a)(1) ) is amended— (A) in subparagraph (E), by striking ; or and inserting a semicolon; (B) in subparagraph (F), by striking the period and inserting ; or ; and (C) by adding at the end the following: (G) in a manner that excludes individuals on the basis that such individuals receive drugs approved by the Food and Drug Administration for the treatment of substance use disorders. . (c) Restrictions on expenditure of grant Section 1931(a) of the Public Health Service Act ( 42 U.S.C. 300x–31(a) ) is amended— (1) in paragraph (1)(F), by inserting , except that the State may use such grant to provide support to programs that include infrastructure, education, or outreach services before the period; and (2) by amending paragraph (3) to read as follows: (3) Limitation regarding penal and correctional institutions A funding agreement for this grant under section 1921 is that, in expending the grant, the State involved will expend not more than such a percentage of the block grant treatment budget, between 5 and 10 percent, as the Secretary may specify, for the purpose of providing treatment services in penal or correctional institutions of the State. . (d) Study on assessment for use in distribution of limited State resources (1) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Assistant Secretary for Mental Health and Substance Use, in consultation with States and other local entities providing prevention, treatment, or recovery support services related to substance use, shall conduct a study to develop a model needs assessment process for States to consider to help determine how best to allocate block grant funding received under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ) to provide services to substance use disorder prevention, treatment, and recovery support. The study shall include cost estimates with each model needs assessment process. (2) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the study conducted under paragraph (1). (e) Funding Section 1935(a) of the Public Health Service Act ( 42 U.S.C. 300x–35(a) ) is amended by striking $1,858,079,000 for each of fiscal years 2018 through 2022. and inserting $3,200,000,000 for each of fiscal years 2023 through 2027 . 3. Eliminating stigmatizing language relating to substance use (a) Block Grants for Prevention and Treatment of Substance Use Part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x et seq. ) is amended— (1) in the part heading, by striking Substance Abuse and inserting Substance Use ; (2) in section 1922(a) ( 42 U.S.C. 300x–22(a) )— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking substance abuse and inserting substance use disorders ; and (B) by striking such abuse each place it appears in paragraphs (1) and (2) and inserting such use ; (3) in section 1923 ( 42 U.S.C. 300x–23 )— (A) in the section heading, by striking Substance Abuse and inserting Substance Use ; and (B) by striking drug abuse each place it appears in subsections (a) and (b) and inserting substance use disorders ; (4) in section 1925(a)(1) ( 42 U.S.C. 300x–25(a)(1) ), by striking alcohol or drug abuse and inserting alcohol or other substance use disorders ; (5) in section 1926(b)(2)(B) ( 42 U.S.C. 300x–26(b)(2)(B) ), by striking substance abuse ; (6) in section 1931(b)(2) ( 42 U.S.C. 300x–31(b)(2) ), by striking substance abuse and inserting substance use disorders ; (7) in section 1933(d)(1) ( 42 U.S.C. 300x–33(d) ), in the matter following subparagraph (B), by striking abuse of alcohol and other drugs and inserting use of substances ; (8) by amending paragraph (4) of section 1934 ( 42 U.S.C. 300x–34 ) to read as follows: (4) The term substance use disorder means the recurrent use of alcohol or other drugs that causes clinically significant impairment. ; (9) in section 1935 ( 42 U.S.C. 300x–35 )— (A) in subsection (a), by striking substance abuse and inserting substance use disorders ; and (B) in subsection (b)(1), by striking substance abuse each place it appears and inserting substance use disorders ; (10) in section 1949 ( 42 U.S.C. 300x–59 ), by striking substance abuse each place it appears in subsections (a) and (d) and inserting substance use disorders ; (11) in section 1954(b)(4) ( 42 U.S.C. 300x–64(b)(4) )— (A) by striking substance abuse each place it appears and inserting substance use disorders ; and (B) by striking such abuse and inserting such disorders ; (12) in section 1955 ( 42 U.S.C. 300x–65 ), by striking substance abuse each place it appears and inserting substance use disorder ; and (13) in section 1956 ( 42 U.S.C. 300x–66 ), by striking substance abuse each place it appears and inserting substance use disorders . (b) Certain programs regarding mental health and substance abuse Part C of title XIX of the Public Health Service Act ( 42 U.S.C. 300y et seq. ) is amended— (1) in the part heading, by striking Substance Abuse and inserting Substance Use ; (2) in section 1971 ( 42 U.S.C. 300y ), by striking substance abuse each place it appears in subsections (a), (b), and (f) and inserting substance use ; and (3) in section 1976 ( 42 U.S.C. 300y–11 ), by striking intravenous abuse and inserting intravenous use . | https://www.govinfo.gov/content/pkg/BILLS-117s4301is/xml/BILLS-117s4301is.xml |
117-s-4302 | II 117th CONGRESS 2d Session S. 4302 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Kaine (for himself, Mr. Marshall , Ms. Hassan , 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 amend the Federal Food, Drug, and Cosmetic Act to require prompt reports of marketing status by holders of approved applications for biological products, and for other purposes.
1. Short title This Act may be cited as the Biologics Market Transparency Act of 2022 . 2. Prompt reports of marketing status by holders of approved applications for biological products (a) In general Section 506I of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356i ) is amended— (1) in subsection (a)— (A) by striking The holder of an application approved under subsection (c) or (j) of section 505 and inserting The holder of an application approved under subsection (c) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act ; (B) in paragraph (2), by inserting (or, in the case of a biological product, the proper name) after established name ; and (C) in paragraph (3), by striking or abbreviated application number and inserting , abbreviated application number, or biologics license application number ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking The holder of an application approved under subsection (c) or (j) and inserting The holder of an application approved under subsection (c) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act ; (B) in paragraph (1), by inserting (or, in the case of a biological product, the proper name) after established name ; and (C) in paragraph (2), by striking or abbreviated application number and inserting , abbreviated application number, or biologics license application number . (b) Additional one-Time report Subsection (c) of section 506I of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356i ) is amended to read as follows: (c) Additional one-Time report Within 180 days of the date of enactment of the Biologics Market Transparency Act of 2022 , all holders of applications approved under subsection (a) or (k) of section 351 of the Public Health Service Act shall review the information in the list published under section 351(k)(9)(A) and shall submit a written notice to the Secretary— (1) stating that all of the application holder’s biological products in the list published under section 351(k)(9)(A) that are not listed as discontinued are available for sale; or (2) including the information required pursuant to subsection (a) or (b), as applicable, for each of the application holder’s biological products that are in the list published under section 351(k)(9)(A) and not listed as discontinued, but have been discontinued from sale or never have been available for sale. . (c) Purple Book Section 506I of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356i ) is amended— (1) in subsection (d)— (A) by striking or (c), the Secretary and inserting the following: “or (c)— (1) the Secretary ; (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (2) the Secretary may identify the application holder's biological products as discontinued in the list published under section 351(k)(9)(A) of the Public Health Service Act, except that the Secretary shall remove from the list, in accordance with section 351(k)(9)(B) of such Act, any biological product for which the license has been revoked or suspended for reasons of safety, purity, or potency. ; and (2) in subsection (e)— (A) by inserting after the first sentence the following: The Secretary shall update the list published under section 351(k)(9)(A) of the Public Health Service Act based on information provided under subsections (a), (b), and (c) by identifying as discontinued biological products that are not available for sale, except that any biological product for which the license has been revoked or suspended for reasons of safety, purity, or potency shall be removed from the list in accordance with section 351(k)(9)(B) of the Public Health Service Act. ; and (B) in the last sentence— (i) by striking updates to the list and inserting updates to the lists published under section 505(j)(7)(A) of this Act and section 351(k)(9)(A) of the Public Health Service Act ; and (ii) by striking update the list and inserting update such lists . | https://www.govinfo.gov/content/pkg/BILLS-117s4302is/xml/BILLS-117s4302is.xml |
117-s-4303 | II 117th CONGRESS 2d Session S. 4303 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Kaine (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 for a period of exclusivity for first interchangeable biological products.
1. Short title This Act may be cited as the Interchangeable Biologics Clarity Act . 2. Clarifications to exclusivity provisions for first interchangeable biosimilar biological products Section 351(k)(6) of the Public Health Service Act ( 42 U.S.C. 262(k)(6) ) is amended— (1) in the matter preceding subparagraph (A)— (A) by striking Upon review of and inserting The Secretary shall not make approval effective of ; (B) by striking relying on and inserting for an interchangeable biological product that relies on ; and (C) by striking the Secretary shall not make a determination under paragraph (4) that the second or subsequent biological product is interchangeable for any condition of use ; and (2) in the flush text that follows subparagraph (C), by striking the period and inserting , and the term first interchangeable biosimilar biological product means any interchangeable biosimilar biological product that is approved on the first day on which such a product is approved as interchangeable with the reference product. . | https://www.govinfo.gov/content/pkg/BILLS-117s4303is/xml/BILLS-117s4303is.xml |
117-s-4304 | II 117th CONGRESS 2d Session S. 4304 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Rubio (for himself, Mr. Marshall , Mr. Crapo , Mr. Risch , Mr. Braun , Mr. Johnson , Mr. Cramer , Mrs. Hyde-Smith , Mr. Scott of Florida , Mr. Daines , Mr. Hoeven , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To prohibit unfair treatment of cadets and midshipmen who refuse to get the COVID–19 vaccine, and for other purposes.
1. Short title This Act may be cited as the Defending Freedom of Conscience for Cadets and Midshipmen Act of 2022 . 2. Definitions In this Act: (1) Covered individual The term covered individual means a cadet or midshipman at a Federal service academy. (2) Federal service academy The term Federal service academy means the following: (A) The United States Military Academy, West Point, New York. (B) The United States Naval Academy, Annapolis, Maryland. (C) The United States Air Force Academy, Colorado Springs, Colorado. (D) The United States Coast Guard Academy, New London, Connecticut. (E) The United States Merchant Marine Academy, Kings Point, New York. 3. Prohibition on vaccine requirement for graduation from Federal service academies A covered individual may not be required to be vaccinated for COVID–19 as a condition for graduation from a Federal service academy nor dismissed from a Federal service academy as a result of refusing to be so vaccinated. 4. Prohibition on enforcement of repayment provisions for refusal to receive vaccine A covered individual who is prohibited from fulfilling his or her service agreement due to that individual's decision not to be vaccinated for COVID–19 may not be subjected to the repayment provisions of section 303a(e) or 373 of title 37, United States Code, or to debt repayment collections provided for under chapter 176 of title 28, United States Code, pursuant to section 7448, 8459, or 9448 of title 10, United States Code, section 1925 of title 14, United States Code, or section 51306 of title 46, United States Code, as the case may be. | https://www.govinfo.gov/content/pkg/BILLS-117s4304is/xml/BILLS-117s4304is.xml |
117-s-4305 | II 117th CONGRESS 2d Session S. 4305 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To limit the authority of the World Health Organization on the United States and to oppose amendments to the WHO Constitution that have not been approved by Congress.
1. World Health Organization (a) Effect of World Health Organization directives and orders on the United States Notwithstanding any other provision of law, the United States shall not be bound by any directive or order issued by the World Health Assembly, the World Health Organization, or any agent or branch of the World Health Organization. (b) Opposition to amendments to the Constitution of the World Health Organization and any other agreements among member states without congressional approval The Secretary of Health and Human Services and any other United States official designated by the President to represent the United States at the World Health Organization in any capacity shall use the voice, vote, and influence of the United States to oppose any amendments to the Constitution of the World Health Organization and any other agreements among the member states unless Congress has enacted a joint resolution in support of such amendments. | https://www.govinfo.gov/content/pkg/BILLS-117s4305is/xml/BILLS-117s4305is.xml |
117-s-4306 | II 117th CONGRESS 2d Session S. 4306 IN THE SENATE OF THE UNITED STATES May 25, 2022 Ms. Smith (for herself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support behavioral health integration into primary care practices, and for other purposes.
1. Short title This Act may be cited as the Improving Access to Behavioral Health Integration Act . 2. Program to support behavioral health integration Section 760 of the Public Health Service Act ( 42 U.S.C. 294k ) is amended— (1) in the section heading, by striking Training demonstration program and inserting Program to support behavioral health integration ; (2) in subsection (a)— (A) in paragraph (2), by striking ; and and inserting a semicolon; (B) in paragraph (3)(B), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) supporting primary care practices in implementing evidence-based behavioral health integration programs that involve professionals whose primary job function is the direct screening, diagnosis, treatment, or recovery support of patients with or in recovery from a behavioral health disorder, such as physicians, psychiatric nurses, social workers, marriage and family therapists, mental health counselors, occupational therapists, psychologists, and peer support specialists. ; (3) by adding at the end of subsection (b) the following: (4) Behavioral health integration programs A recipient of a grant under subsection (a)(4) shall use the grant funds to— (A) hire physicians, psychiatric nurses, social workers, marriage and family therapists, mental health counselors, occupational therapists, psychologists, or peer support specialists to provide behavioral health services; (B) identify and enter into contractual relationships with health care providers or vendors offering care management and behavioral health consultation to facilitate the adoption of behavioral health integration models; or (C) for such other purposes as the Secretary determines appropriate. ; (4) by adding at the end of subsection (c) the following: (4) Behavioral health integration programs To be eligible to receive a grant under subsection (a)(4), an entity shall be a primary care practice, including adult primary care practices and pediatric primary care practices. ; (5) by adding at the end of subsection (d) the following: (3) Behavioral health integration programs In awarding grants under subsection (a)(4), the Secretary shall give priority to eligible entities that— (A) demonstrate a pathway to financially sustain the behavioral health integration program beyond the initial grant period, such as participation in value-based behavioral health integration models; (B) have the capacity to expand access to mental health and substance use disorder services in areas with demonstrated need, as determined by the Secretary, such as Tribal, rural, or other medically underserved communities; or (C) are practices that are eligible for technical assistance under section 1848(q)(11) of the Social Security Act on the basis of the number of professionals. ; (6) in subsection (f)— (A) by striking demonstration program each place such term appears and inserting program ; (B) in paragraph (2)— (i) in subparagraph (B), by striking ; and and inserting a semicolon; (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B) the following: (C) an analysis of the uptake of behavioral health integration models in primary care practices; and ; and (C) by adding at the end the following: (3) Metrics for measuring the uptake of behavioral health integration models For purposes of the reporting requirement under paragraph (2)(C), the Secretary shall develop evidence-based metrics and reporting requirements to measure the uptake of behavioral health integration models by primary care practices, including by measuring the increase in provider capacity, patient access to behavioral health care, and patient outcomes. The Secretary shall consult with primary care and behavioral health professionals, and patient advocates when developing measures and performance metrics. (4) Publication of data The Secretary shall make public aggregate evaluation results collected through the study under paragraph (1) to facilitate identifying best practices and promising models for scale with respect to behavioral health integration programs. ; and (7) by amending subsection (g) to read as follows: (g) Authorization of appropriations There are authorized to be appropriated, for each of fiscal years 2023 through 2027— (1) to carry out the grant programs under paragraphs (1), (2), and (3) of subsection (a), $10,000,000; and (2) to carry out the grant program under subsection (a)(4), $30,000,000. . | https://www.govinfo.gov/content/pkg/BILLS-117s4306is/xml/BILLS-117s4306is.xml |
117-s-4307 | II 117th CONGRESS 2d Session S. 4307 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Warner (for himself and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand the ability of renal dialysis facilities to serve as originating sites for telehealth services under the Medicare program.
1. Short title This Act may be cited as the Kidney Health Connect Act . 2. Expanding the ability of renal dialysis facilities to serve as originating sites for telehealth services under the Medicare program (a) In general Section 1834(m)(4)(C)(ii)(IX) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C)(ii)(IX) ) is amended by striking , but only for purposes of section 1881(b)(3)(B) . (b) Removal of geographic requirements Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (5)— (A) in the header, by inserting and telehealth services furnished at a renal dialysis facility after visit ; (B) by striking subclause (VI), (IX), or (X) and inserting subclause (VI) or (X) ; and (C) by inserting , or with respect to telehealth services furnished for any purpose at an originating site described in subclause (IX) of such paragraph before the period at the end; and (2) in paragraph (7)(A), by striking (other than an originating site described in subclause (IX) of such paragraph) . (c) Prohibition on facility fee Section 1834(m)(2)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B)(ii) ) is amended— (1) in the header, by striking if originating site is the home and inserting for certain originating sites ; and (2) by striking described in paragraph (4)(C)(ii)(X) and inserting described in subclause (IX) or (X) of paragraph (4)(C)(ii) . (d) Face-to-Face monthly requirement for certain services Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (1), by striking Subject to paragraph (8) and inserting Subject to paragraphs (5)(B) and (8) ; and (2) in paragraph (5), as amended by subsection (b)(1)— (A) by striking renal dialysis facility.— The geographic requirements and inserting renal dialysis facility.— (A) Waiver of geographic requirements The geographic requirements ; and (B) by adding at the end the following new subparagraph: (B) Face-to-face monthly requirement Subparagraph (A) shall apply to an individual, with respect to telehealth services furnished by a physician or practitioner for purposes of section 1881(b)(3)(A)(ii) (not including telehealth services rendered for purposes of section 1881(b)(3)(B)) at an originating site described in subclause (IX) of paragraph (4)(C)(ii) only if the individual had at least one face-to-face visit with a physician during the same calendar month such telehealth services were rendered. . | https://www.govinfo.gov/content/pkg/BILLS-117s4307is/xml/BILLS-117s4307is.xml |
117-s-4308 | II 117th CONGRESS 2d Session S. 4308 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Peters (for himself, Ms. Collins , Ms. Murkowski , and Ms. Hassan ) 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 modify the definition of spouse and surviving spouse to include all individuals lawfully married, and for other purposes.
1. Short title This Act may be cited as the Veterans Marriage Recognition Act of 2022 . 2. Modification of definition of spouse and surviving spouse for Department of Veterans Affairs to include all individuals lawfully married Section 101 of title 38, United States Code, is amended— (1) in paragraph (3), by striking of the opposite sex who was the spouse of a veteran and inserting who was lawfully married to a veteran, including a marriage between two persons of the same sex, ; and (2) in paragraph (31), by striking of the opposite sex . | https://www.govinfo.gov/content/pkg/BILLS-117s4308is/xml/BILLS-117s4308is.xml |
117-s-4309 | II 117th CONGRESS 2d Session S. 4309 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Warner (for himself, Mr. Blumenthal , Mr. Graham , Mr. Hawley , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To promote competition and reduce consumer switching costs in the provision of online communications services.
1. Short title This Act may be cited as the Augmenting Compatibility and Competition by Enabling Service Switching Act of 2022 or the ACCESS Act of 2022 . 2. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Communications provider The term communications provider means a consumer-facing communications and information services provider. (3) Competing communications provider The term competing communications provider , with respect to a large communications platform provider, means another communications provider offering, or planning to offer, similar products or services to consumers. (4) Competing communications service The term competing communications service , with respect to a large communications platform, means a similar product or service provided by a competing communications provider. (5) Custodial third-party agent The term custodial third-party agent means an entity that is duly authorized by a user to interact with a large communications platform provider on that user’s behalf to manage the user’s online interactions, content, and account settings. (6) Interoperability interface The term interoperability interface means an electronic interface maintained by a large communications platform for purposes of achieving interoperability. (7) Large communications platform The term large communications platform means a product or service provided by a communications provider that— (A) generates income, directly or indirectly, from the collection, processing, sale, or sharing of user data; and (B) has more than 100,000,000 monthly active users in the United States. (8) Large communications platform provider The term large communications platform provider means a communications provider that provides, manages, or controls a large communications platform. (9) User data (A) In general The term user data means information that is— (i) collected directly by a communications provider; and (ii) linked, or reasonably linkable, to a specific person. (B) Exclusion The term user data does not include information that is rendered unusable, unreadable, de-identified, or anonymized. 3. Portability (a) General duty of large communications platform providers A large communications platform provider shall, for each large communications platform it operates, maintain a set of transparent, third-party-accessible interfaces (including application programming interfaces) to initiate the secure transfer of user data to a user, or to a competing communications provider acting at the direction of a user, in a structured, commonly used, and machine-readable format. (b) General duty of competing communications providers A competing communications provider that receives ported user data from a large communications platform provider shall reasonably secure any user data it acquires. (c) Exemption for certain services The obligations under this section shall not apply to a product or service by which a large communications platform provider does not generate any income or other compensation, directly or indirectly, from collecting, using, or sharing user data. 4. Interoperability (a) General duty of large communications platform providers A large communications platform provider shall, for each large communications platform it operates, maintain a set of transparent, third-party-accessible interfaces (including application programming interfaces) to facilitate and maintain technically compatible, interoperable communications with a user of a competing communications provider. (b) General duty of competing communications providers A competing communications provider that accesses an interoperability interface of a large communications platform provider shall reasonably secure any user data it acquires, processes, or transmits. (c) Interoperability obligations for large communications platform providers (1) In general In order to achieve interoperability under subsection (a), a large communications platform provider shall fulfill the duties under paragraphs (2) through (6) of this subsection. (2) Non-discrimination (A) In general A large communications platform provider shall facilitate and maintain interoperability with competing communications services for each of its large communications platforms through an interoperability interface, based on fair, reasonable, and nondiscriminatory terms. (B) Reasonable thresholds, access standards, and fees (i) In general A large communications platform provider may establish reasonable thresholds related to the frequency, nature, and volume of requests by a competing communications provider to access resources maintained by the large communications platform provider, beyond which the large communications platform provider may assess a reasonable fee for such access. (ii) Usage expectations A large communications platform provider may establish fair, reasonable, and nondiscriminatory usage expectations to govern access by competing communications providers, including fees or penalties for providers that exceed those usage expectations. (iii) Limitation on fees and usage expectations Any fees, penalties, or usage expectations assessed under clauses (i) and (ii) shall be reasonably proportional to the cost, complexity, and risk to the large communications platform provider of providing such access. (iv) Notice A large communications platform provider shall provide public notice of any fees, penalties, or usage expectations that may be established under clauses (i) and (ii), including reasonable advance notice of any changes. (v) Security and privacy standards A large communications platform provider shall, consistent with industry best practices, set privacy and security standards for access by competing communications services to the extent reasonably necessary to address a threat to the large communications platform or user data, and shall report any suspected violations of those standards to the Commission. (C) Prohibited changes to interfaces A change to an interoperability interface or terms of use made with the purpose, or substantial effect, of unreasonably denying access or undermining interoperability for competing communications services shall be considered a violation of the duty under subparagraph (A) to facilitate and maintain interoperability based on fair, reasonable, and nondiscriminatory terms. (3) Functional equivalence A large communications platform provider that maintains interoperability between its own large communications platform and other products, services, or affiliated offerings of such provider shall offer a functionally equivalent version of that interface to competing communications services. (4) Interface information (A) In general Not later than 120 days after the date of enactment of this Act, a large communications platform provider shall disclose to competing communications providers complete and accurate documentation describing access to the interoperability interface required under this section. (B) Contents The documentation required under subparagraph (A)— (i) is limited to interface documentation necessary to achieve development and operation of interoperable products and services; and (ii) does not require the disclosure of the source code of a large communications platform. (5) Notice of changes A large communications platform provider shall provide reasonable advance notice to a competing communications provider, which may be provided through public notice, of any change to an interoperability interface maintained by the large communications platform provider that will affect the interoperability of a competing communications service. (6) Non-commercialization by a large communications platform provider A large communications platform provider may not collect, use, or share user data obtained from a competing communications service through the interoperability interface except for the purposes of safeguarding the privacy and security of such information or maintaining interoperability of services. (d) Non-Commercialization by a competing communications provider A competing communications provider that accesses an interoperability interface may not collect, use, or share user data obtained from a large communications platform provider through the interoperability interface except for the purposes of safeguarding the privacy and security of such information or maintaining interoperability of services. (e) Exemption for certain services The obligations under this section shall not apply to a product or service by which a large communications platform provider does not generate any income or other compensation, directly or indirectly, from collecting, using, or sharing user data. 5. Delegatability (a) General duty of large communications platform providers A large communications platform provider shall maintain a set of transparent third-party-accessible interfaces by which a user may delegate a custodial third-party agent to manage the user’s online interactions, content, and account settings on a large communications platform on the same terms as a user. (b) Authentication Not later than 180 days after the date of enactment of this Act, the Commission shall establish rules and procedures to facilitate a custodial third-party agent’s ability to obtain access pursuant to subsection (a) in a way that ensures that a request for access on behalf of a user is a verifiable request. (c) Registration with the Commission A custodial third-party agent shall register with the Commission as a condition of, and prior to, accessing an interface described in subsection (a). (d) Deregistration by the Commission The Commission shall establish rules and procedures to deregister a custodial third-party agent that the Commission determines has violated the duties established in this section. (e) Revocation of access rights A large communications platform provider may revoke or deny access for any custodial third-party agent that— (1) fails to register with the Commission; or (2) repeatedly facilitates fraudulent or malicious activity. (f) Duties of a custodial third-Party agent A custodial third-party agent— (1) shall reasonably safeguard the privacy and security of user data provided to it by a user, or accessed on a user’s behalf; (2) shall not access or manage a user’s online interactions, content, or account settings in any way that— (A) will benefit the custodial third-party agent to the detriment of the user; (B) will result in any reasonably foreseeable harm to the user; or (C) is inconsistent with the directions or reasonable expectations of the user; and (3) shall not collect, use, or share any user data provided to it by a user, or accessed on a user’s behalf, for the commercial benefit of the custodial third-party agent. (g) Fees A custodial third-party agent may charge users a fee for the provision of the products or services described in subsection (a). (h) Extent of access rights Nothing in this section shall be construed to confer greater rights of access for a custodial third-party agent to a large communications platform than are accessible to a user. 6. Implementation and enforcement (a) Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations to implement section 4(c)(2)(B)(v) and subsections (b), (c), and (d) of section 5. (b) Authentication Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with relevant industry stakeholders, shall establish rules and procedures to facilitate the verification of the validity of requests from users and competing communications providers to obtain user data under sections 3(a) and 4(a). (c) Technical standards Not later than 180 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall develop and publish model technical standards by which to make interoperable popular classes of communications or information services, including— (1) online messaging; (2) multimedia sharing; and (3) social networking. (d) Compliance assessment The Commission shall regularly assess compliance by large communications platform providers with the provisions of this Act. (e) Complaints The Commission shall establish procedures under which a user, a large communications platform provider, a competing communications provider, and a custodial third-party agent may file a complaint alleging that a large communications platform provider, a competing communication provider, or a custodial third-party agent has violated this Act. (f) Enforcement (1) Unfair or deceptive acts or practices A violation of this Act, or regulations enacted pursuant to this Act, shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of commission (A) In general Except as provided in subparagraph (C), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities Except as provided in subparagraph (C), any person who violates section 3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Nonprofit organizations and common carriers Notwithstanding section 4 or 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2)) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ). (D) Fines In assessing any fine for a violation of this Act, the Commission shall consider each individual user affected by a violation of this Act as an individual violation. (g) Reliance on open standards Any large communications platform provider that establishes and maintains interoperability through an open standard established under subsection (c) shall be entitled to a rebuttable presumption of providing access on fair, reasonable, and nondiscriminatory terms. (h) Preemption The provisions of this Act shall preempt any State law only to the extent that such State law is inconsistent with the provisions of this Act. (i) Effective date This Act shall take effect on the date on which the Commission promulgates regulations under subsection (a). 7. Relation to other laws Nothing in this Act shall be construed to modify, limit, or supersede the operation of any privacy or security provision in— (1) section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ); (2) the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 et seq. ); (3) the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ); (4) the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ); (5) the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ); (6) title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ); (7) chapters 119, 123, and 206 of title 18, United States Code; (8) section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ); (9) section 445 of the General Education Provisions Act ( 20 U.S.C. 1232h ); (10) the Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa et seq. ); (11) the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), as those regulations relate to— (A) a person described in section 1172(a) of the Social Security Act ( 42 U.S.C. 1320d–1(a) ); or (B) transactions referred to in section 1173(a)(1) of the Social Security Act ( 42 U.S.C. 1320d–2(a)(1) ); (12) the Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 et seq. ); (13) sections 222 and 227 of the Communications Act of 1934 ( 47 U.S.C. 222 , 227); or (14) any other privacy or security provision of Federal law. | https://www.govinfo.gov/content/pkg/BILLS-117s4309is/xml/BILLS-117s4309is.xml |
117-s-4310 | II 117th CONGRESS 2d Session S. 4310 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Booker (for himself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To allow employers to offer pension-linked emergency savings accounts for financial emergencies, and for other purposes.
1. Short title This Act may be cited as the Emergency Savings Act of 2022 . 2. Emergency savings accounts linked to defined contribution plans (a) Employee pension benefit plans Section 3 of the Employee Retirement Income Security Act ( 29 U.S.C. 1002 ) is amended— (1) in paragraph (2)(A), by inserting after the first sentence the following: A pension plan may include a pension-linked emergency savings account. ; and (2) by adding at the end the following: (45) Pension-linked emergency savings account The term pension-linked emergency savings account means an account established or maintained by a sponsor of a defined contribution plan for purposes of offering or providing a participant of such plan the opportunity to maintain a short-term savings account that— (A) is offered as part of such defined contribution plan; (B) accepts only— (i) participant contributions which are treated in the same manner as Roth contributions for purposes of inclusion in gross income; and (ii) employer contributions which are includible in gross income of the participant for purposes of the Internal Revenue Code of 1986; and (C) meets the requirements of part 8 of subtitle B. . (b) Pension-Linked emergency savings accounts (1) In general Subtitle B of title I of the Employee Retirement Income Security Act ( 29 U.S.C. 1021 et seq. ) is amended by adding at the end the following: 8 Pension-linked emergency savings accounts 801. Pension-linked emergency savings accounts (a) In general A plan sponsor of a defined contribution plan may make available to participants of such pension plan a pension-linked emergency savings account. A plan sponsor that offers participants a pension-linked emergency savings account may deduct amounts from each participating employee's compensation in accordance with subsection (c) and deposit such amounts, and any employer contributions under such subsection, to an account that meets the requirements of subsection (b). (b) Account requirements (1) In general A pension-linked emergency savings account offered in accordance with subsection (a) shall— (A) not have a minimum account balance requirement; (B) allow for withdrawal by the participant of the account balance, in whole or in part at the discretion of the participant, at least once per calendar month and for distribution of such withdrawal to the participant as soon as practicable but, other than in exceptional circumstances, not later than 1 week from the date on which the participant elects to make such withdrawal; (C) be held as cash, in an interest-bearing deposit account, or in an investment or insurance product designed to preserve principal and provide a reasonable rate of return, whether or not such return is guaranteed, consistent with liquidity; and (D) not be subject to— (i) any unreasonable fees, restrictions, expenses, or charges in connection with such pension-linked emergency savings account; and (ii) any fees in connection with the withdrawal of funds from such pension-linked emergency savings account other than reasonable reimbursement fees imposed for paper mailings and the handling of paper checks related to such pension-linked emergency savings account. (2) Establishment and termination of account (A) Establishment of account The establishment of a pension-linked emergency savings account shall be included in the defined contribution plan document of the associated defined contribution plan. (B) Termination of account A plan sponsor may terminate the pension-linked emergency savings account feature of an associated defined contribution plan at any time. Such termination shall be treated as if a termination of employment had occurred in accordance with subsection (d), except the reasonable time described in such subsection shall be as soon as practicable not later than 60 days after the date of such termination of the pension-linked emergency savings account feature of such associated defined contribution plan. (c) Account contributions (1) Employer contributions (A) In general Subject to the maximum account balance under paragraph (3), a plan sponsor may, without regard to any election otherwise by a participant, deposit to the pension-linked emergency savings account of the participant an amount in addition to the amount contributed by the participant under paragraph (2). (B) Employer contributions Employer contributions shall be included in the gross income of a participant for purposes of the Internal Revenue Code of 1986. (2) Participant contributions (A) In general Subject to the maximum account balance under paragraph (3)— (i) a plan sponsor may automatically enroll a participant in the pension-linked emergency savings account at a participant contribution rate selected by the plan sponsor, which, unless the participant affirmatively elects a different percentage of the compensation of the participant to be contributed to the pension-linked emergency savings account, may not exceed 3 percent of the compensation of the participant; or (ii) a participant may enroll in the pension-linked emergency savings account at a participant contribution rate selected by the participant. (B) Control of transfer A participant, at any time (subject to such reasonable advance notice as is required by the plan administrator), may— (i) adjust the participant contribution rate under subparagraph (A) to the pension-linked emergency savings account of the participant; or (ii) opt out of or pause for a specified period of time such contributions. (C) Adjustment of participant contribution rate by plan sponsor A plan sponsor may adjust the participant contribution rate selected by such plan sponsor described in subparagraph (A)(i) not more than once annually. (3) Account limits (A) In general Subject to subparagraph (B), no contributions under paragraphs (1) and (2) shall be accepted to the extent such contributions would cause the balance of the pension-linked emergency savings account to exceed the lesser of— (i) $2,500; or (ii) an amount determined by the plan sponsor of the pension-linked emergency savings account. In the case of contributions made in taxable years beginning after December 1, 2023, the Secretary shall adjust the amount under clause (i) at the same time and in the same manner as the adjustment made by the Secretary of the Treasury under section 415(d) of the Internal Revenue Code of 1986, except that the base period shall be the calendar quarter beginning July 1, 2022. Any increase under the preceding sentence which is not a multiple of $100 shall be rounded to the next lowest multiple of $100. (B) Excess contributions directed to plan To the extent any elected contributions under paragraphs (1) and (2) to the pension-linked emergency savings account of a participant for a taxable year would cause the balance of the pension-linked emergency savings account to exceed the maximum account balance described in subparagraph (A)— (i) the participant may be treated as having elected to increase the participant's contributions to the associated defined contribution plan by an amount not more than the rate at which contributions were being made to the pension-linked emergency savings account; and (ii) any such contributions shall be treated as elective deferrals (as such term is defined in section 402(g)(3) of the Internal Revenue Code of 1986) under such plan and shall be contributed to the plan on behalf of the participant instead of to the pension-linked emergency savings account. (4) Disclosure by plan sponsor of transfer (A) In general Not less than 15 days prior to the date on which the first transfer under this subsection occurs, the percentage of compensation and amount of the participant's compensation transferred under paragraph (1) is adjusted, or the plan sponsor adjusts the percentage of compensation of the automatic participant contribution under paragraph (2)(A)(i), the plan sponsor shall provide to the participant notice of— (i) the purpose of the account being for short-term, emergency savings; (ii) the amount of the intended contribution or the change in the percentage of the compensation of the participant of such contribution; (iii) in accordance with paragraph (2)(B), the instructions on how to— (I) adjust the participant contribution rate under paragraph (2)(A) to the pension-linked emergency savings account of the participant; or (II) opt out of or pause for a specified period of time such contributions; (iv) how such contributions will be invested; (v) the limits on, and tax treatment of, such contributions; (vi) any fees, expenses, or charges associated with such pension-linked emergency savings account; and (vii) procedures for participant withdrawals from such pension-linked emergency savings account, including any limits on frequency. (B) Consolidated notices The required notices under subparagraph (A) may be included with any other notice under this Act, including under section 404(c)(5)(B) or 514(e)(3), or under section 401(k)(13)(E) or 414(w)(4) of the Internal Revenue Code of 1986, if such other notice is provided to the participant not less than 15 days prior to the date described in such subparagraph and not more than 60 days prior to the date on which the first transfer under this subsection occurs. (5) Employer matching contributions to a defined contribution plan for employee contributions to a pension-linked emergency savings account (A) In general If an employer makes any matching contributions to a defined contribution plan of which a pension-linked emergency savings account is part— (i) any contribution under paragraph (2) to a pension-linked emergency savings account of the participant shall be treated as an elective deferral for purposes of matching contributions by such employer to such defined contribution plan; and (ii) such employer shall make matching contributions on behalf of such participant to the associated defined contribution plan on account of such contributions under paragraph (2) at the same rate as any other matching contribution on account of an elective deferral by such participant. To the extent any such matching contribution exceeds the maximum account balance under paragraph (3)(A), such contributions shall be contributed to the plan as provided in paragraph (3)(B). (B) Definitions For purposes of subparagraph (A), the terms matching contribution and elective deferral shall have the meanings given such terms in section 401(m)(4) of the Internal Revenue Code of 1986. (d) Account balance after termination of employment Upon termination of employment of the participant, the pension-linked emergency savings account of such participant shall— (1) allow, as relevant, for transfer by the participant of the account balance of such account, in whole or in part, into the designated Roth account (within the meaning of section 402A of the Internal Revenue Code of 1986) of the participant under the associated defined contribution plan; and (2) for any amounts in such account not transferred under paragraph (1), make such amounts available within a reasonable time not later than the earlier of the date on which the employer contributing to the plan makes the final compensation payment related to such employment or 60 days after the date of such termination— (A) to the participant or the beneficiary; or (B) as a direct rollover to a Roth IRA (as defined in section 408A(b) of the Internal Revenue Code of 1986) of such participant. (e) Coordination with plan hardship rules Under the terms of the plan of which a pension-linked emergency savings account is a part, a participant shall be required to withdraw all amounts in a pension-linked emergency savings account of the participant before receiving any plan distribution which is based on financial hardship or any loan from the plan. 802. Annual notice for pension-linked emergency savings account (a) In general At least annually, the plan sponsor of a pension-linked emergency savings account shall provide to the pension-linked emergency savings account participant a notice containing such information as the Secretary may require, including a description of— (1) the purpose and tax treatment of the pension-linked emergency savings account and contributions; (2) procedures for opting out of the pension-linked emergency savings account, changing participant contribution rates for such account, and making withdrawals from such account, and limits on contributions and withdrawals; (3) designated investment options for amounts contributed to the pension-linked emergency savings account; (4) the options under section 801(d) for the account balance of the pension-linked emergency savings account after termination of the employment of the participant; (5) any fees, expenses, or charges associated with such pension-linked emergency savings account; and (6) the amount that a participant has contributed to the pension-linked emergency savings account and the amount the plan sponsor has contributed to such pension-linked emergency savings account for the plan year, and the account balance. (b) Consolidated notices The required notice under subparagraph (A) may be included with any other notice under this Act if such other notice is provided to the participant at least annually. 803. Preemption of State anti-garnishment laws Notwithstanding any other provision of law, this part shall supersede any law of a State which would directly or indirectly prohibit or restrict the use of an automatic contribution arrangement, in accordance with section 801(c)(2), for a pension-linked emergency savings account. The Secretary may promulgate regulations to establish minimum standards that such an arrangement would be required to satisfy in order for this subsection to apply with respect to such an account. 804. Reporting and disclosure requirements The Secretary shall prescribe such regulations as may be necessary to address reporting and disclosure requirements for pension-linked emergency savings accounts in order to prevent unnecessary reporting and disclosure for such accounts under this Act, including for purposes of any reporting or disclosure related to pension plans required by this title or title IV or under the Internal Revenue Code of 1986. 805. Report to Congress on maximum account balance limits The Secretary of Labor and the Secretary of the Treasury shall— (1) conduct a study on the use of emergency savings from a pension-linked emergency savings account regarding— (A) whether the maximum account balance under section 801(c)(3) is sufficient; (B) whether the limitation on contributions under sections 801(c)(2)(A)(i) are appropriate; and (C) the participation rate of such accounts by plan sponsors and participants and the resulting impact on participant retirement savings, including the impact on retirement savings leakage and the effect of such accounts on retirement plan participation by low- and moderate-income households; and (2) not later than 7 years after the date of enactment of the Emergency Savings Act of 2022 , submit to Congress a report on the findings of the study under paragraph (1). . (2) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 note) is amended by inserting after the item relating to section 734 the following new items: Part 8. Pension-Linked emergency savings accounts 801. Pension-linked emergency savings accounts. 802. Annual notice for pension-linked emergency savings account. 803. Preemption of State anti-garnishment laws. 804. Reporting and disclosure requirements. 805. Report to Congress on maximum account balance limits. . (c) Reporting for a pension-Linked emergency savings account (1) Alternative methods of compliance Section 110(a) of the Employee Retirement Income Security Act ( 29 U.S.C. 1030(a) ) is amended by inserting (including pension-linked emergency savings accounts offered in conjunction with a pension plan) after class of pension plans . (2) Minimized reporting burden for pension-linked emergency savings accounts Section 101 of such Act ( 29 U.S.C. 1021 ) is amended— (A) by redesignating subsection (n) as subsection (o); and (B) by inserting after subsection (m) the following: (n) Pension-Linked emergency savings accounts (1) In general The requirements of subsection (a) shall not apply to a pension-linked emergency savings account made available under section 801. (2) Simplified reporting Nothing in this subsection shall preclude the Secretary from providing, by regulations or otherwise, simplified reporting procedures or requirements for such a pension-linked emergency savings account. . (d) Fiduciary duty Section 404(c) of the Employee Retirement Income Security Act ( 29 U.S.C. 1104(c) ) is amended by adding at the end the following: (6) Default investment arrangements for a pension-linked emergency savings account For purposes of paragraph (1), a participant in a pension-linked emergency savings account shall be treated as exercising control over the assets in the account with respect to the amount of contributions and earnings which are invested in accordance with section 801(b)(1)(C). . (e) Tax treatment of pension-Linked emergency savings accounts (1) In general Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 409A the following new section: 409B. Pension-linked emergency savings accounts (a) In general Any pension-linked emergency savings account established pursuant to section 801 of the Employee Retirement Income Security Act of 1974 shall be treated for purposes of this title as provided in this section. (b) Treatment as after-Tax contributions Any contribution to a pension-linked emergency savings account shall be— (1) an employee contribution, or (2) if made by an employer, shall be includible in gross income of the employee. (c) Plan qualifications Any plan of which a pension-linked emergency savings account is a part shall not be treated as failing to meet any requirement of this chapter solely by reason of including such account, or solely by reason of allowing distributions from such account in a manner consistent with section 801(b)(1)(B) of the Employee Retirement Income Security Act of 1974. (d) Coordination with plan (1) In general No distribution of amounts from a pension-linked emergency savings account shall be contributed or rolled over to any eligible retirement plan (as defined in section 402(c)(8)(B)) except as provided in paragraph (2). (2) Rollover on termination of employment Upon termination of employment of the participant with the employer sponsoring the plan of which a pension-linked emergency savings account is part, the account balance of such account may be contributed to— (A) a designated Roth account (within the meaning of section 402A) of the participant, or (B) a Roth IRA of the participant, in accordance with section 801(d) of the Employee Retirement Income Security Act of 1974. Such contribution shall be treated in the same manner as a rollover contribution to which section 402A(c)(4) applies or as a qualified rollover contribution within the meaning of section 408A(e), whichever is applicable, except that subparagraph (F) of section 408A(d)(3) shall not apply to such contribution (including by reason of section 402A(c)(4)(D)). (e) Coordination with nondiscrimination requirements and contribution limitations For purposes of paragraphs (4) and (30) of section 401(a), paragraphs (3), (12), and (13) of section 401(k), section 401(m), section 403(b)(1)(E), and section 415, contributions to a pension-linked emergency savings account— (1) shall be treated as elective deferrals, and (2) shall be aggregated with contributions to the plan of which such account is a part. (f) Hardship rules A plan of which a pension-linked emergency savings account is a part shall not be treated as failing to meet any requirement of this chapter solely because under the terms of the plan a participant is required to withdraw all amounts in a pension-linked emergency savings account of the participant before receiving any distribution which is based on financial hardship or any loan from the plan. (g) Exemption from additional tax on early distributions A pension-linked emergency savings account shall not be treated as a qualified retirement plan for purposes of section 72(t). (h) Treatment of earnings Any earnings on contributions to a pension-linked emergency savings account shall not be included in gross income, and distributions from such account shall not be subject to withholding. . (2) Basis recovery Section 72(d) of such Code is amended by adding at the end the following new paragraph: (3) Treatment of contributions to a pension-linked emergency savings account For purposes of this section, contributions to a pension-linked emergency savings account to which section 409B applies (and any income allocable thereto) may be treated as a separate contract. . (3) Clerical amendment The table of sections for subpart A of part I of subchapter D of chapter 1 of such Code is amended by inserting after the item relating to section 409A the following new item: Sec. 409B. Pension-linked emergency savings accounts. . (f) Joint regulatory authority The Secretary of Labor and the Secretary of the Treasury (or a delegate of either such Secretary) shall have authority to issue joint regulations or other guidance, or to coordinate in developing regulations or other guidance, to carry out the purposes of this Act, including adjustment of the maximum benefit under section 801(c)(3) of the Employee Retirement Income Security Act, as added by this Act, to account for inflation, as well as expansion of corrections programs, if necessary. | https://www.govinfo.gov/content/pkg/BILLS-117s4310is/xml/BILLS-117s4310is.xml |
117-s-4311 | II 117th CONGRESS 2d Session S. 4311 IN THE SENATE OF THE UNITED STATES May 25, 2022 Ms. Hirono (for herself, Mr. Booker , Mrs. Murray , Mr. Leahy , Mr. Markey , Ms. Warren , Mr. Sanders , Mr. Brown , Mr. Padilla , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to provide certain benefits to noncitizens, and for other purposes.
1. Short titles This Act may be cited as the Lifting Immigrant Families Through Benefits Access Restoration Act of 2022 or the LIFT the BAR Act of 2022 . 2. Availability of basic assistance to lawfully present noncitizens (a) Elimination of arbitrary eligibility restrictions (1) In general Sections 402, 403, 411, 412, 421, and 422 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 , 1613, 1621, 1622, 1631, and 1632) are repealed. (2) Conforming amendments Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1601 et seq. ) is amended— (A) in section 401(b)(5) ( 8 U.S.C. 1611(b)(5) ), by striking the program defined in section 402(a)(3)(A) (relating to the supplemental security income program) and inserting the Supplemental Security Income Program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ) ; (B) in section 404(a) ( 8 U.S.C. 1614(a) ), by striking , 402, or 403 ; (C) in section 413 ( 8 U.S.C. 1625 )— (i) by striking A State and inserting the following: (a) State or local public benefit defined In this section, except as provided in paragraphs (2) and (3), the term State or local public benefit — (1) means— (A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government; (2) shall not apply— (A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658 (or a successor provision) is in effect; (B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Secretary of State, after consultation with the Attorney General; or (C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States; and (3) does not include any Federal public benefit. (b) Proof of eligibility requirement A State ; and (ii) in subsection (b), as redesignated, by striking (as defined in section 411(c)) ; (D) in section 432(d) ( 8 U.S.C. 1642(d) ), by striking (as defined in section 411(c)) and inserting (as defined in section 413(a)) ; (E) in section 435 ( 8 U.S.C. 1645 ), by striking (as provided under section 403) ; and (F) in section 436 ( 8 U.S.C. 1646 )— (i) by striking the food stamp program (as defined in section 402(a)(3)(B)) and inserting the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) ; and (ii) by striking the supplemental security income program (as defined in section 402(a)(3)(A)) and inserting the Supplemental Security Income Program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ) . (b) Qualified noncitizens Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1601 et seq. ) is amended— (1) in the title header, by striking Aliens and inserting Noncitizens ; (2) in the header of section 401— (A) by striking Aliens and inserting Noncitizens ; and (B) by striking qualified aliens and inserting qualified noncitizens ; (3) by striking qualified alien each place such term appears and inserting qualified noncitizen ; (4) by striking qualified aliens each place such term appears and inserting qualified noncitizens ; (5) by striking qualified alien’s each place such term appears and inserting qualified noncitizen’s ; (6) by striking an alien each place such term appears and inserting a noncitizen ; (7) by striking alien each place such term appears and inserting noncitizen ; (8) by striking aliens each place such term appears and inserting noncitizens ; and (9) by striking alien’s each place such term appears and inserting noncitizen’s . (c) Access to basic services for lawfully residing noncitizens Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ) is amended— (1) in subsection (b)— (A) in the header, by striking qualified alien and inserting qualified noncitizen ; (B) by striking qualified alien and inserting qualified noncitizen ; (C) by striking alien and inserting noncitizen ; (D) by striking an alien and inserting a noncitizen ; and (E) by striking benefit and all that follows through the period at the end of the subsection and inserting benefit, is lawfully present in the United States. ; (2) in subsection (c)— (A) in the header, by striking qualified aliens and inserting qualified noncitizens ; (B) in paragraph (3), by striking or after the semicolon; (C) in paragraph (4), by striking the period at the end and inserting ; or ; and (D) by inserting after paragraph (4) the following: (5) a noncitizen— (A) in a category that was treated as lawfully present for purposes of section 1101 of the Patient Protection and Affordable Care Act of 2010 ( 42 U.S.C. 18001 ); (B) who met the requirements of section 402(a)(2)(D) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612(a)(2)(D) ) on or before January 1, 2021; (C) who is granted special immigrant juvenile status as described by section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ); (D) who has a pending, bona fide application for nonimmigrant status under section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(1)(15)(U) ); (E) who was granted relief under the Deferred Action for Childhood Arrivals program; or (F) any other person who is not a citizen of the United States but who resides in a State or territory of the United States and is federally authorized to be present in the United States. ; and (3) by adding at the end the following: (d) Noncitizen In this title, the term noncitizen means any individual who is not a citizen of the United States. . (d) Child nutrition programs Section 742 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1615 ) is amended— (1) in subsection (a)— (A) in the header by striking School lunch and breakfast programs and inserting Child nutrition programs ; (B) by striking the school lunch program and inserting any program ; and (C) by striking the school breakfast program under section 4 of the and inserting any program under ; and (2) in subsection (b)(1)— (A) by striking Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in section 431(b), and inserting A State shall not deny ; and (B) by striking paragraph (2) and inserting paragraph (2) on the basis of an individual’s citizenship or immigration status . (e) Exclusion of medical assistance expenditures for citizens of freely associated States Section 1108(h) of the Social Security Act ( 42 U.S.C. 1308(h) ) is amended— (1) by striking Expenditures and inserting: (1) Expenditures ; and (2) by adding at the end the following: (2) With respect to eligibility for benefits for the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program), paragraph (1) shall not apply to any individual who lawfully resides in 1 of the 50 States or the District of Columbia in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and shall not apply, at the option of the Governor of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa as communicated to the Secretary of Health and Human Services in writing, to any individual who lawfully resides in the respective territory in accordance with such Compacts. . (f) Child health insurance program Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— (1) by striking subparagraph (O); and (2) by redesignating subparagraphs (P), (Q), (R), (S), (T), and (U) as subparagraphs (O), (P), (Q), (R), (S), and (T). (g) Conforming amendments (1) Supplemental food assistance program The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended— (A) in section 5 ( 7 U.S.C. 2014 )— (i) by striking subsection (i); and (ii) by redesignating subsections (j) through (n) as subsections (i) through (m), respectively; (B) in section 6 ( 7 U.S.C. 2015 )— (i) in subsection (f), by striking an alien lawfully admitted for permanent and all that follows through the end of the subsection and inserting a noncitizen lawfully present in the United States. ; and (ii) in subsection (s)(2), by striking (m), and (n) and inserting and (m) ; and (C) in section 11(e)(2)(B)(v)(II) by striking aliens each place it appears and inserting noncitizens . (2) Medicaid Section 1903(v) of the Social Security Act ( 42 U.S.C. 1396b(v) ) is amended— (A) in paragraph (1), by striking admitted for and all that follows through the end of the paragraph and inserting present in the United States. ; and (B) striking paragraph (4). (3) Housing assistance Section 214(a) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(a) ) is amended by— (A) redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (B) inserting after paragraph (5): (6) a qualified noncitizen as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ); . (4) Assistance not treated as debt absent fraud Section 213A of the Immigration and Nationality Act ( 8 U.S.C. 1183a ) is amended— (A) in subsection (a)(3)— (i) in subparagraph (A), by striking (as provided under section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) ; and (ii) in subparagraph (B), in the undesignated matter following clause (ii), by striking (as provided under section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) ; and (B) in subsection (b)(1)(A) is amended by striking benefit, and inserting benefit by fraud, . (h) Preserving access to health care Section 36B(c)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: (B) Special rule for certain individuals lawfully present in the United States If— (i) a taxpayer has a household income which is not greater than 100 percent of an amount equal to the poverty line for a family of the size involved, (ii) the taxpayer is a noncitizen lawfully present in the United States, (iii) the taxpayer is ineligible for minimum essential coverage under section 5000A(f)(1)(A)(ii), and (iv) under the Medicaid eligibility criteria for noncitizens in effect on December 26, 2020, the taxpayer would be ineligible for such minimum essential coverage by reason of the taxpayer’s immigration status, the taxpayer shall, for purposes of the credit under this section, be treated as an applicable taxpayer with a household income which is equal to 100 percent of the poverty line for a family of the size involved. . 3. Federal agency guidance Not later than 180 days after the date of the enactment of this Act, each Federal agency affected by any of the amendments made by this Act shall issue guidance with respect to the implementation of such amendments. 4. Effective date The amendments made by this Act— (1) shall take effect on the date of the enactment of this Act; and (2) shall apply to services furnished on or after the date that is 180 days after the date on which any guidance is issued pursuant to section 3. | https://www.govinfo.gov/content/pkg/BILLS-117s4311is/xml/BILLS-117s4311is.xml |
117-s-4312 | II 117th CONGRESS 2d Session S. 4312 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Brown (for himself, Mr. Thune , Mr. Warner , and Mr. Grassley ) 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 repeal the direct payment requirement on the exclusion from gross income of distributions from governmental plans for health and long-term care insurance.
1. Short title This Act may be cited as the Police and Fire Health Care Protection Act of 2022 . 2. Repeal of direct payment requirement on exclusion from gross income of distributions from governmental plans for health and long-term care insurance (a) In general Section 402(l)(5)(A) of the Internal Revenue Code of 1986 is amended to read as follows: (A) Direct payment to insurer permitted (i) In general Paragraph (1) shall apply to a distribution without regard to whether payment of the premiums is made directly to the provider of the accident or health plan or qualified long-term care insurance contract by deduction from a distribution from the eligible retirement plan, or is made to the employee. (ii) Reporting In the case of a payment made to the employee as described in clause (i), the employee shall include with the return of tax for the taxable year in which the distribution is made an attestation that the distribution does not exceed the amount paid by the employee for qualified health insurance premiums for such taxable year. . (b) Effective date The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4312is/xml/BILLS-117s4312is.xml |
117-s-4313 | II 117th CONGRESS 2d Session S. 4313 IN THE SENATE OF THE UNITED STATES May 25, 2022 Mr. Cotton (for himself, Mr. Braun , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the use of the digital currency payment system operated by the Government of the People’s Republic of China, and for other purposes.
1. Short title This Act may be cited as the Defending Americans from Authoritarian Digital Currencies Act . 2. Prohibition on apps supporting e-CNY financial technology in the United States (a) Definitions In this section: (1) App The term app means a software application or electronic service that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device. (2) App store The term app store means a publicly available website, software application, or other electronic service that distributes applications from third-party developers to users of a computer, a mobile device, or any other general purpose computing device. (3) Covered company The term covered company means any person that owns or controls an app store in the United States. (4) e-CNY The term e-CNY means the official Digital Currency Electronic Payment system operated by the Government of the People’s Republic of China. (b) Prohibition A covered company shall not— (1) support or enable transactions in e-CNY on its app store within the United States; or (2) carry or support any app in its app store within the United States that supports or enables transactions in e-CNY. | https://www.govinfo.gov/content/pkg/BILLS-117s4313is/xml/BILLS-117s4313is.xml |
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