dreamproit/uscode huggingface dataset:
33 U.S.C. § 2282f (NAVIGATION AND NAVIGABLE WATERS)
§ 2282f. Review of resiliency assessments
(a) Resiliency assessment
(1) In general
Not later than 180 days after December 27, 2020, and in conjunction with the development of procedures under section 1962–4 of title 42, the Secretary is directed to review, and where appropriate, revise the existing planning guidance documents and regulations of the Corps of Engineers on the assessment of the effects of sea level rise or inland flooding on future water resources development projects to ensure that such guidance documents and regulations are based on the best available, peer-reviewed science and data on the current and future effects of sea level rise or inland flooding on relevant communities.
(2) Coordination
In carrying out this subsection, the Secretary shall—
(A) coordinate the review with the Engineer Research and Development Center, other Federal and State agencies, and other relevant entities; and
(B) to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies.
(b) Assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports
(1) In general
Upon the request of a non-Federal interest, in carrying out a feasibility study for a project for flood risk mitigation, hurricane and storm damage risk reduction, or ecosystem restoration under section 2282 of this title, the Secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level rise or inland flooding.
(2) Addressing sea level rise and inland flooding resiliency benefits
To the maximum extent practicable, in carrying out a study pursuant to paragraph (1), the Secretary shall document the potential effects of sea level rise or inland flooding on the project, and the expected benefits of the project relating to sea level rise or inland flooding, during the 50-year period after the date of completion of the project.
(Pub. L. 116–260, div. AA, title I, § 113, Dec. 27, 2020, 134 Stat. 2626.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2020, and also as part of the Consolidated Appropriations Act, 2021, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 2310 (NAVIGATION AND NAVIGABLE WATERS)
§ 2310. Cost sharing for Territories and Indian tribes
(a) In general
The Secretary shall waive local cost-sharing requirements up to $200,000 for all studies and projects—
(1) in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Islands; and
(2) for any Indian tribe or tribal organization (as those terms are defined in section 5304 of title 25).
(b) Inflation adjustment
The Secretary shall adjust the dollar amount specified in subsection (a) on an annual basis for inflation.
(Pub. L. 99–662, title XI, § 1156, Nov. 17, 1986, 100 Stat. 4256; Pub. L. 113–121, title I, § 1032, June 10, 2014, 128 Stat. 1233; Pub. L. 114–322, title I, § 1119, Dec. 16, 2016, 130 Stat. 1643; Pub. L. 115–270, title I, §§ 1155(a), 1156, Oct. 23, 2018, 132 Stat. 3793; Pub. L. 116–260, div. AA, title I, § 135, Dec. 27, 2020, 134 Stat. 2649.)
heading: Editorial Notes
heading: Amendments
text: 2020—Subsec. (b). Pub. L. 116–260 substituted “on an annual basis for inflation.” for “for inflation for the period beginning on November 17, 1986, and ending on October 23, 2018.”
2018—Subsec. (a)(2). Pub. L. 115–270, § 1155(a), substituted “or tribal organization (as those terms are defined in section 5304 of title 25).” for “(as defined in section 5130 of title 25).”
Subsec. (b). Pub. L. 115–270, § 1156, substituted “October 23, 2018” for “June 10, 2014”.
2016—Pub. L. 114–322, § 1119(1), inserted “and Indian tribes” after “Territories” in section catchline.
Subsec. (a). Pub. L. 114–322, § 1119(2), inserted dash after “projects” and par. (1) designation before “in American” and added par. (2).
2014—Pub. L. 113–121 designated existing provisions as subsec. (a) and inserted heading, inserted “Puerto Rico,” before “and the Trust Territory of the Pacific Islands”, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
33 U.S.C. § 2326g (NAVIGATION AND NAVIGABLE WATERS)
§ 2326g. Beneficial use of dredged material; dredged material management plans
(a) National Policy on the Beneficial Use of Dredged Material
(1) In general
It is the policy of the United States for the Corps of Engineers to maximize the beneficial use, in an environmentally acceptable manner, of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects.
(2) Placement of dredged materials
(A) In general
In evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects, the Secretary shall consider—
(i) the suitability of the dredged material for a full range of beneficial uses; and
(ii) the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial use activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities.
(B) Calculation of federal standard
(i) Determination
The economic benefits and efficiencies from the beneficial use of dredged material considered by the Secretary under subparagraph (A) shall be included in any determination relating to the “Federal standard” by the Secretary under section 335.7 of title 33, Code of Federal Regulations, for the placement or disposal of such material.
(ii) Reports
The Secretary shall submit to Congress—
(I) a report detailing the method and all of the factors utilized by the Corps of Engineers to determine the Federal standard referred to in clause (i); and
(II) for each evaluation under subparagraph (A), a report displaying the calculations for economic and environmental benefits and efficiencies from the beneficial use of dredged material (including, where appropriate, the utilization of alternative dredging equipment and dredging disposal methods) considered by the Secretary under such subparagraph for the placement or disposal of such material.
(C) Omitted
(Pub. L. 116–260, div. AA, title I, § 125(a), Dec. 27, 2020, 134 Stat. 2636.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Section is comprised of section 125 of div. AA of Pub. L. 116–260. Subsec. (a)(2)(C) of section 125 of div. AA of Pub. L. 116–260 amended section 2326 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 2341c (NAVIGATION AND NAVIGABLE WATERS)
§ 2341c. Criteria for funding environmental infrastructure projects
(a) In general
Not later than 180 days after December 27, 2020, the Secretary shall develop specific criteria for the evaluation and ranking of individual environmental assistance projects authorized by Congress (including projects authorized pursuant to environmental assistance programs) for the Secretary to carry out.
(b) Minimum criteria
For the purposes of carrying out this section, the Secretary shall evaluate, at a minimum—
(1) the nature and extent of the positive and negative local economic impacts of the project, including—
(A) the benefits of the project to the local economy;
(B) the extent to which the project will enhance local development;
(C) the number of jobs that will be directly created by the project; and
(D) the ability of the non-Federal interest to pay the applicable non-Federal share of the cost of the project;
(2) the demographics of the location in which the project is to be carried out, including whether the project serves—
(A) a rural community; or
(B) an economically disadvantaged community, including an economically disadvantaged minority community;
(3) the amount of appropriations a project has received;
(4) the funding capability of the Corps of Engineers with respect to the project;
(5) whether the project could be carried out under other Federal authorities at an equivalent cost to the non-Federal interest; and
(6) any other criteria that the Secretary considers to be appropriate.
(c) Inclusion in guidance
The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.
(d) Report to Congress
For fiscal year 2022, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that identifies the Secretary’s ranking of individual environmental assistance projects authorized by Congress for the Secretary to carry out, in accordance with the criteria developed under this section.
(Pub. L. 116–260, div. AA, title I, § 137, Dec. 27, 2020, 134 Stat. 2650.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
heading: Definitions
text: For definition of “economically disadvantaged community” as used in this section, see section 160 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 2342 (NAVIGATION AND NAVIGABLE WATERS)
§ 2342. Access to water resource data
(a) In general
Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on—
(1) the planning, design, construction, operation, and maintenance of water resources development projects; and
(2) water quality and water management of projects owned, operated, or managed by the Corps of Engineers.
(b) Limitation
Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law.
(c) Timing
The Secretary shall ensure that data is made publicly available under subsection (a) as quickly as practicable after the data is generated by the Corps of Engineers.
(d) Partnerships
In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal agencies.
(Pub. L. 110–114, title II, § 2017, Nov. 8, 2007, 121 Stat. 1077; Pub. L. 114–322, title I, § 1135, Dec. 16, 2016, 130 Stat. 1656.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Amendments
text: 2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to access to water resource data.
heading: Statutory Notes and Related Subsidiaries
heading: Data Transparency
text: Pub. L. 116–260, div. AA, title I, § 158(b), Dec. 27, 2020, 134 Stat. 2662, provided that: “The Secretary [of the Army] shall prioritize making publicly available water resources data in the custody of the Corps of Engineers, as authorized by section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342).”
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 2353a (NAVIGATION AND NAVIGABLE WATERS)
§ 2353a. Aging infrastructure
(a) Definitions
In this section:
(1) Aging infrastructure
The term “aging infrastructure” means a water resources development project of the Corps of Engineers, or any other water resources, water storage, or irrigation project of another Federal agency, that is greater than 75 years old.
(2) Enhanced inspection
The term “enhanced inspection” means an inspection that uses current or innovative technology, including Light Detection and Ranging (commonly known as “LiDAR”), ground penetrating radar, subsurface imaging, or subsurface geophysical techniques, to detect whether the features of the aging infrastructure are structurally sound and can operate as intended, or are at risk of failure.
(b) Contracts for enhanced inspection
(1) In general
The Secretary may carry out enhanced inspections of aging infrastructure, pursuant to a contract with the owner or operator of the aging infrastructure.
(2) Certain circumstances
Subject to the availability of appropriations, or funds available pursuant to subsection (d), the Secretary shall enter into a contract described in paragraph (1), if—
(A) the owner or operator of the aging infrastructure requests that the Secretary carry out the enhanced inspections; and
(B) the inspection is at the full expense of such owner or operator.
(c) Limitation
The Secretary shall not require a non-Federal entity associated with a project under the jurisdiction of another Federal agency to carry out corrective or remedial actions in response to an enhanced inspection carried out under this section.
(d) Funding
The Secretary is authorized to accept funds from an owner or operator of aging infrastructure, and may use such funds to carry out an enhanced inspection pursuant to a contract entered into with such owner or operator under this section.
(Pub. L. 116–260, div. AA, title I, § 138, Dec. 27, 2020, 134 Stat. 2651.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
42 U.S.C. § 300gg–46 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–46. Disclosure to enrollees of individual market coverage
(a) In general
A health insurance issuer offering individual health insurance coverage or a health insurance issuer offering short-term limited duration insurance coverage shall make disclosures to enrollees in such coverage, as described in subsection (b), and reports to the Secretary, as described in subsection (c), regarding direct or indirect compensation provided by the issuer to an agent or broker associated with enrolling individuals in such coverage.
(b) Disclosure
A health insurance issuer described in subsection (a) shall disclose to an enrollee the amount of direct or indirect compensation provided to an agent or broker for services provided by such agent or broker associated with plan selection and enrollment. Such disclosure shall be—
(1) made prior to the individual finalizing plan selection; and
(2) included on any documentation confirming the individual’s enrollment.
(c) Reporting
A health insurance issuer described in subsection (a) shall annually report to the Secretary, prior to the beginning of open enrollment, any direct or indirect compensation provided to an agent or broker associated with enrolling individuals in such coverage.
(d) Rulemaking
Not later than 1 year after December 27, 2020, the Secretary shall finalize, through notice-and-comment rulemaking, the timing, form, and manner in which issuers described in subsection (a) are required to make the disclosures described in subsection (b) and the reports described in subsection (c). Such rulemaking may also include adjustments to notice requirements to reflect the different processes for plan renewals, in order to provide enrollees with full, timely information.
(July 1, 1944, ch. 373, title XXVII, § 2746, as added Pub. L. 116–260, div. BB, title II, § 202(c), Dec. 27, 2020, 134 Stat. 2899.)
heading: Effective Date
text: Section applicable beginning 1 year after Dec. 27, 2020, see section 202(e) of div. BB of Pub. L. 116–260, set out as an Effective Date of 2020 Amendment note under section 1108 of Title 29, Labor.
42 U.S.C. § 300gg–114 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–114. Maintenance of price comparison tool
A group health plan or a health insurance issuer offering group or individual health insurance coverage shall offer price comparison guidance by telephone and make available on the Internet website of the plan or issuer a price comparison tool that (to the extent practicable) allows an individual enrolled under such plan or coverage, with respect to such plan year, such geographic region, and participating providers with respect to such plan or coverage, to compare the amount of cost-sharing that the individual would be responsible for paying under such plan or coverage with respect to the furnishing of a specific item or service by any such provider.
(July 1, 1944, ch. 373, title XXVII, § 2799A–4, as added Pub. L. 116–260, div. BB, title I, § 114(a), Dec. 27, 2020, 134 Stat. 2874.)
heading: Effective Date
text: Section applicable with respect to plan years beginning on or after Jan. 1, 2022, see section 114(d) of div. BB of Pub. L. 116–260, set out as a note under section 9819 of Title 26, Internal Revenue Code.
42 U.S.C. § 300gg–131 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–131. Balance billing in cases of emergency services
(a) In general
In the case of a participant, beneficiary, or enrollee with benefits under a group health plan or group or individual health insurance coverage offered by a health insurance issuer and who is furnished during a plan year beginning on or after January 1, 2022, emergency services (for which benefits are provided under the plan or coverage) with respect to an emergency medical condition with respect to a visit at an emergency department of a hospital or an independent freestanding emergency department—
(1) in the case that the hospital or independent freestanding emergency department is a nonparticipating emergency facility, the emergency department of a hospital or independent freestanding emergency department shall not bill, and shall not hold liable, the participant, beneficiary, or enrollee for a payment amount for such emergency services so furnished that is more than the cost-sharing requirement for such services (as determined in accordance with clauses (ii) and (iii) of section 300gg–111(a)(1)(C) of this title, of section 9816(a)(1)(C) of title 26, and of section 1185e(a)(1)(C) of title 29, as applicable); and
(2) in the case that such services are furnished by a nonparticipating provider, the health care provider shall not bill, and shall not hold liable, such participant, beneficiary, or enrollee for a payment amount for an emergency service furnished to such individual by such provider with respect to such emergency medical condition and visit for which the individual receives emergency services at the hospital or emergency department that is more than the cost-sharing requirement for such services furnished by the provider (as determined in accordance with clauses (ii) and (iii) of section 300gg–111(a)(1)(C) of this title, of section 9816(a)(1)(C) of title 26, and of section 1185e(a)(1)(C) of title 29, as applicable).
(b) Definition
In this section, the term “visit” shall have such meaning as applied to such term for purposes of section 300gg–111(b) of this title.
(July 1, 1944, ch. 373, title XXVII, § 2799B–1, as added Pub. L. 116–260, div. BB, title I, § 104(a), Dec. 27, 2020, 134 Stat. 2824.)
42 U.S.C. § 300gg–133 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–133. Provider requirements with respect to disclosure on patient protections against balance billing
Beginning not later than January 1, 2022, each health care provider and health care facility shall make publicly available, and (if applicable) post on a public website of such provider or facility and provide to individuals who are participants, beneficiaries, or enrollees of a group health plan or group or individual health insurance coverage offered by a health insurance issuer a one-page notice (either postal or electronic mail, as specified by the participant, beneficiary, or enrollee) in clear and understandable language containing information on—
(1) the requirements and prohibitions of such provider or facility under sections 300gg–131 and 300gg–132 of this title (relating to prohibitions on balance billing in certain circumstances);
(2) any other applicable State law requirements on such provider or facility regarding the amounts such provider or facility may, with respect to an item or service, charge a participant, beneficiary, or enrollee of a group health plan or group or individual health insurance coverage offered by a health insurance issuer with respect to which such provider or facility does not have a contractual relationship for furnishing such item or service under the plan or coverage, respectively, after receiving payment from the plan or coverage, respectively, for such item or service and any applicable cost-sharing payment from such participant, beneficiary, or enrollee; and
(3) information on contacting appropriate State and Federal agencies in the case that an individual believes that such provider or facility has violated any requirement described in paragraph (1) or (2) with respect to such individual.
(July 1, 1944, ch. 373, title XXVII, § 2799B–3, as added Pub. L. 116–260, div. BB, title I, § 104(a), Dec. 27, 2020, 134 Stat. 2829.)
42 U.S.C. § 300gg–135 (THE PUBLIC HEALTH AND WELFARE)
§ 300gg–135. Air ambulance services
In the case of a participant, beneficiary, or enrollee with benefits under a group health plan or group or individual health insurance coverage offered by a health insurance issuer and who is furnished in a plan year beginning on or after January 1, 2022, air ambulance services (for which benefits are available under such plan or coverage) from a nonparticipating provider (as defined in section 300gg–111(a)(3)(G) of this title) with respect to such plan or coverage, such provider shall not bill, and shall not hold liable, such participant, beneficiary, or enrollee for a payment amount for such service furnished by such provider that is more than the cost-sharing amount for such service (as determined in accordance with paragraphs (1) and (2) of section 300gg–112(a) of this title, section 1185f(a) of title 29, or section 9817(a) of title 26, as applicable).
(July 1, 1944, ch. 373, title XXVII, § 2799B–5, as added Pub. L. 116–260, div. BB, title I, § 105(b), Dec. 27, 2020, 134 Stat. 2851.)