'in general. in the case of a participant or beneficiary scheduled to receive an item or service that is a',
'specified item or service as defined in subparagraph b , the secretary may modify any timing requirements relating to the',
'provision of the notification described in paragraph 1 to such participant or beneficiary with respect to such item or service.',
'any modification made by the secretary pursuant to the previous sentence may not result in the provision of such notification',
'after such participant or beneficiary has been furnished such item or service. b specified item or service defined. for purposes',
'of subparagraph a , the term specified item or service means an item or service that has low utilization page',
'134 stat. 2865 or significant variation in costs such as when furnished as part of a complex treatment , as',
'specified by the secretary.. c erisa amendments. section 716 of the employee retirement income security act of 1974, as added',
'by section 102 and further amended by the previous amendments of this title, note: 29 usc 1185e. is further amended',
'by adding at the end the following new subsection: f advanced explanation of benefits. 1 note: effective date. deadlines. notification.',
'estimates. in general. for plan years beginning on or after january 1, 2022, each group health plan, or a health',
'insurance issuer offering group health insurance coverage shall, with respect to a notification submitted under section 2799b 6 of the',
'public health service act by a health care provider or health care facility to the plan or issuer for a',
'participant or beneficiary under plan or coverage scheduled to receive an item or service from the provider or facility or',
'authorized representative of such participant or beneficiary , not later than 1 business day or, in the case such item',
'or service was so scheduled at least 10 business days before such item or service is to be furnished or',
'in the case of a request made to such plan or coverage by such participant or beneficiary , 3 business',
'days after the date on which the plan or coverage receives such notification or such request , provide to the',
'participant or beneficiary through mail or electronic means, as requested by the participant or beneficiary a notification in clear and',
'understandable language including the following: a whether or not the provider or facility is a participating provider or a participating',
'facility with respect to the plan or coverage with respect to the furnishing of such item or service and i',
'in the case the provider or facility is a participating provider or facility with respect to the plan or coverage',
'with respect to the furnishing of such item or service, the contracted rate under such plan for such item or',
'service based on the billing and diagnostic codes provided by such provider or facility ; and ii in the case',
'the provider or facility is a nonparticipating provider or facility with respect to such plan or coverage, a description of',
'how such individual may obtain information on providers and facilities that, with respect to such plan or coverage, are participating',
'providers and facilities, if any. b the good faith estimate included in the notification received from the provider or facility',
'if applicable based on such codes. c a good faith estimate of the amount the health plan is responsible for',
'paying for items and services included in the estimate described in subparagraph b . d a good faith estimate of',
'the amount of any cost sharing for which the participant or beneficiary would be responsible for such item or service',
'as of the date of such notification . e a good faith estimate of the amount that the participant or',
'beneficiary has incurred toward meeting the limit of the financial responsibility including with respect page 134 stat. 2866 to deductibles',
'and out of pocket maximums under the plan or coverage as of the date of such notification . f in',
'the case such item or service is subject to a medical management technique including concurrent review, prior authorization, and step',
'therapy or fail first protocols for coverage under the plan or coverage, a disclaimer that coverage for such item or',
'service is subject to such medical management technique. g a disclaimer that the information provided in the notification is only',
'an estimate based on the items and services reasonably expected, at the time of scheduling or requesting the item or',
'service, to be furnished and is subject to change. h any other information or disclaimer the plan or coverage determines',
'appropriate that is consistent with information and disclaimers required under this section. 2 authority to modify timing requirements in the',
'case of specified items and services. a in general. in the case of a participant or beneficiary scheduled to receive',
'an item or service that is a specified item or service as defined in subparagraph b , the secretary may',
'modify any timing requirements relating to the provision of the notification described in paragraph 1 to such participant or beneficiary',
'with respect to such item or service. any modification made by the secretary pursuant to the previous sentence may not',
'result in the provision of such notification after such participant or beneficiary has been furnished such item or service. b',
'specified item or service defined. for purposes of subparagraph a , the term specified item or service means an item',
'or service that has low utilization or significant variation in costs such as when furnished as part of a complex',
'treatment , as specified by the secretary.. sec. 112. patient protections through transparency and patient provider dispute resolution. part e',
'of title xxvii of the public health service act 42 u.s.c. 300gg et seq. , as added by section 104',
'and further amended by the previous provisions of this title, is further amended by adding at the end the following',
'new sections: sec. 2799b 6. note: 42 usc 300gg 136. provision of information upon request and for scheduled appointments. each',
'note: effective date. time periods. deadlines. health care provider and health care facility shall, beginning january 1, 2022, in the',
'case of an individual who schedules an item or service to be furnished to such individual by such provider or',
'facility at least 3 business days before the date such item or service is to be so furnished, not later',
'than 1 business day after the date of such scheduling or, in the case of such an item or service',
'scheduled at least 10 business days before the date such item or service is to be so furnished or if',
'requested by the individual , not later than 3 business days after the date of such scheduling or such request',
'1 inquire if such individual is enrolled in a group health plan, group or individual health insurance coverage offered by',
'a health insurance issuer, or a federal health care program and if is so enrolled in such plan or coverage,',
'seeking to page 134 stat. 2867 have a claim for such item or service submitted to such plan or coverage',
'; and 2 note: notification. provide a notification in clear and understandable language of the good faith estimate of the',
'expected charges for furnishing such item or service including any item or service that is reasonably expected to be provided',
'in conjunction with such scheduled item or service and such an item or service reasonably expected to be so provided',
'by another health care provider or health care facility , with the expected billing and diagnostic codes for any such',
'item or service, to a in the case the individual is enrolled in such a plan or such coverage and',
'is seeking to have a claim for such item or service submitted to such plan or coverage , such plan',
'or issuer of such coverage; and b in the case the individual is not described in subparagraph a and not',
'enrolled in a federal health care program, the individual. sec. 2799b 7. note: 42 usc 300gg 137. patient provider dispute',
'resolution. a note: deadline. in general. not later than january 1, 2022, the secretary shall establish a process in this',
'subsection referred to as the patient provider dispute resolution process under which an uninsured individual, with respect to an item',
'or service, who received, pursuant to section 2799b 6, from a health care provider or health care facility a good',
'faith estimate of the expected charges for furnishing such item or service to such individual and who after being furnished',
'such item or service by such provider or facility is billed by such provider or facility for such item or',
'service for charges that are substantially in excess of such estimate, may seek a determination from a selected dispute resolution',
'entity for the charges to be paid by such individual in lieu of such amount so billed to such provider',
'or facility for such item or service. for purposes of this subsection, note: definition. the term uninsured individual means, with',
'respect to an item or service, an individual who does not have benefits for such item or service under a',
'group health plan, group or individual health insurance coverage offered by a health insurance issuer, federal health care program as',
'defined in section 1128b f of the social security act , or a health benefits plan under chapter 89 of',
'title 5, united states code or an individual who has benefits for such item or service under a group health',
'plan or individual or group health insurance coverage offered by a health insurance issuer, but who does not seek to',
'have a claim for such item or service submitted to such plan or coverage . b selection of entities. under',
'the patient provider dispute resolution process, the secretary shall, with respect to a determination sought by an individual under subsection',
'a , with respect to charges to be paid by such individual to a health care provider or health care',
'facility described in such paragraph for an item or service furnished to such individual by such provider or facility, provide',
'for 1 a method to select to make such determination an entity certified under subsection d that a is not',
'a party to such determination or an employee or agent of such party; b does not have a material familial,',
'financial, or professional relationship with such a party; and page 134 stat. 2868 c does not otherwise have a conflict',
'of interest with such a party as determined by the secretary ; and 2 note: notification. the provision of a',
'notification of such selection to the individual and the provider or facility as applicable party to such determination. an entity',
'selected pursuant to the previous sentence to make a determination described in such sentence shall be referred to in this',
'subsection as the selected dispute resolution entity with respect to such determination. c administrative fee. the secretary shall establish a',
'fee to participate in the patient provider dispute resolution process in such a manner as to not create a barrier',
'to an uninsured individuals access to such process. d certification. the secretary shall establish or recognize a process to certify',
'entities under this subparagraph. such process shall ensure that an entity so certified satisfies at least the criteria specified in',
'section 2799a 1 c .. sec. 113. ensuring continuity of care. a public health service act. title xxvii of the',
'public health service act 42 u.s.c. 300gg et seq. is amended, in the part d, as added and amended by',
'section 102 a and further amended by the previous provisions of this title, by inserting after section 2799a 2 the',
'following new section: sec. 2799a 3. note: 42 usc 300gg 113. continuity of care. a ensuring continuity of care with',
'respect to terminations of certain contractual relationships resulting in changes in provider network status. 1 in general. in the case',
'of an individual with benefits under a group health plan or group or individual health insurance coverage offered by a',
'health insurance issuer and with respect to a health care provider or facility that has a contractual relationship with such',
'plan or such issuer as applicable for furnishing items and services under such plan or such coverage, if, while such',
'individual is a continuing care patient as defined in subsection b with respect to such provider or facility a such',
'contractual relationship is terminated as defined in subsection b ; b benefits provided under such plan or such health insurance',
'coverage with respect to such provider or facility are terminated because of a change in the terms of the participation',
'of such provider or facility in such plan or coverage; or c a contract between such group health plan and',
'a health insurance issuer offering health insurance coverage in connection with such plan is terminated, resulting in a loss of',
'benefits provided under such plan with respect to such provider or facility; the plan or issuer, respectively, shall meet the',
'requirements of paragraph 2 with respect to such individual. 2 note: notifications. requirements. the requirements of this paragraph are that',
'the plan or issuer a notify each individual enrolled under such plan or coverage who is a continuing care patient',
'with respect to a provider or facility at the time of a termination described in paragraph 1 affecting such provider',
'or facility page 134 stat. 2869 on a timely basis of such termination and such individuals right to elect continued',
'transitional care from such provider or facility under this section; b provide such individual with an opportunity to notify the',
'plan or issuer of the individuals need for transitional care; and c note: time period. effective dates. permit the patient',
'to elect to continue to have benefits provided under such plan or such coverage, under the same terms and conditions',
'as would have applied and with respect to such items and services as would have been covered under such plan',
'or coverage had such termination not occurred, with respect to the course of treatment furnished by such provider or facility',
'relating to such individuals status as a continuing care patient during the period beginning on the date on which the',
'notice under subparagraph a is provided and ending on the earlier of i the 90 day period beginning on such',
'date; or ii the date on which such individual is no longer a continuing care patient with respect to such',
'provider or facility. b definitions. in this section: 1 continuing care patient. the term continuing care patient means an individual',
'who, with respect to a provider or facility a is undergoing a course of treatment for a serious and complex',
'condition from the provider or facility; b is undergoing a course of institutional or inpatient care from the provider or',
'facility; c is scheduled to undergo nonelective surgery from the provider, including receipt of postoperative care from such provider or',
'facility with respect to such a surgery; d is pregnant and undergoing a course of treatment for the pregnancy from',
'the provider or facility; or e is or was determined to be terminally ill as determined under section 1861 dd',
'3 a of the social security act and is receiving treatment for such illness from such provider or facility. 2',
'serious and complex condition. the term serious and complex condition means, with respect to a participant, beneficiary, or enrollee under',
'a group health plan or group or individual health insurance coverage a in the case of an acute illness, a',
'condition that is serious enough to require specialized medical treatment to avoid the reasonable possibility of death or permanent harm;',
'or b in the case of a chronic illness or condition, a condition that is i is life threatening, degenerative,',
'potentially disabling, or congenital; and ii requires specialized medical care over a prolonged period of time. 3 terminated. the term',
'terminated includes, with respect to a contract, the expiration or nonrenewal of the contract, but does not include a termination',
'of the contract for failure to meet applicable quality standards or for fraud.. b internal revenue code. page 134 stat.',
'2870 1 in general. subchapter b of chapter 100 of the internal revenue code of 1986, as amended by sections',
'102 c and 105 a 3 , is further amended by inserting after section 9817 the following new section: sec.',
'9818. note: 26 usc 9818. continuity of care. a ensuring continuity of care with respect to terminations of certain contractual',
'relationships resulting in changes in provider network status. 1 in general. in the case of an individual with benefits under',
'a group health plan and with respect to a health care provider or facility that has a contractual relationship with',
'such plan for furnishing items and services under such plan, if, while such individual is a continuing care patient as',
'defined in subsection b with respect to such provider or facility a such contractual relationship is terminated as defined in',
'paragraph b ; b benefits provided under such plan with respect to such provider or facility are terminated because of',
'a change in the terms of the participation of such provider or facility in such plan; or c a contract',
'between such group health plan and a health insurance issuer offering health insurance coverage in connection with such plan is',
'terminated, resulting in a loss of benefits provided under such plan with respect to such provider or facility; the plan',
'shall meet the requirements of paragraph 2 with respect to such individual. 2 note: notifications. requirements. the requirements of this',
'paragraph are that the plan a notify each individual enrolled under such plan who is a continuing care patient with',
'respect to a provider or facility at the time of a termination described in paragraph 1 affecting such provider on',
'a timely basis of such termination and such individuals right to elect continued transitional care from such provider or facility',
'under this section; b provide such individual with an opportunity to notify the plan of the individuals need for transitional',
'care; and c note: time period. effective dates. permit the patient to elect to continue to have benefits provided under',
'such plan, under the same terms and conditions as would have applied and with respect to such items and services',
'as would have been covered under such plan had such termination not occurred, with respect to the course of treatment',
'furnished by such provider or facility relating to such individuals status as a continuing care patient during the period beginning',
'on the date on which the notice under subparagraph a is provided and ending on the earlier of i the',
'90 day period beginning on such date; or ii the date on which such individual is no longer a continuing',
'care patient with respect to such provider or facility. b definitions. in this section: page 134 stat. 2871 1 continuing',
'care patient. the term continuing care patient means an individual who, with respect to a provider or facility a is',
'undergoing a course of treatment for a serious and complex condition from the provider or facility; b is undergoing a',
'course of institutional or inpatient care from the provider or facility; c is scheduled to undergo nonelective surgery from the',
'provider or facility, including receipt of postoperative care from such provider or facility with respect to such a surgery; d',
'is pregnant and undergoing a course of treatment for the pregnancy from the provider or facility; or e is or',
'was determined to be terminally ill as determined under section 1861 dd 3 a of the social security act and',
'is receiving treatment for such illness from such provider or facility. 2 serious and complex condition. the term serious and',
'complex condition means, with respect to a participant or beneficiary under a group health plan a in the case of',
'an acute illness, a condition that is serious enough to require specialized medical treatment to avoid the reasonable possibility of',
'death or permanent harm; or b in the case of a chronic illness or condition, a condition that i is',
'life threatening, degenerative, potentially disabling, or congenital; and ii requires specialized medical care over a prolonged period of time. 3',
'terminated. the term terminated includes, with respect to a contract, the expiration or nonrenewal of the contract, but does not',
'include a termination of the contract for failure to meet applicable quality standards or for fraud.. 2 clerical amendment. the',
'table of sections for such subchapter, as amended by the previous sections, note: 26 usc 9811 prec. is further amended',
'by inserting after the item relating to section 9817 the following new item: sec. 9818. continuity of care.. c employee',
'retirement income security act. 1 in general. subpart b of part 7 of subtitle b of title i of the',
'employee retirement income security act of 1974 29 u.s.c. 1185 et seq. , as amended by section 102 c and',
'further amended by the previous provisions of this title, is further amended by inserting after section 717 the following new',
'section: sec. 718. note: 29 usc 1185g. continuity of care. a ensuring continuity of care with respect to terminations of',
'certain contractual relationships resulting in changes in provider network status. 1 in general. in the case of an individual with',
'benefits under a group health plan or group health insurance coverage offered by a health insurance issuer and with respect',
'to a health care provider or facility that has a contractual relationship with such plan or such issuer as applicable',
'for furnishing page 134 stat. 2872 items and services under such plan or such coverage, if, while such individual is',
'a continuing care patient as defined in subsection b with respect to such provider or facility a such contractual relationship',
'is terminated as defined in paragraph b ; b benefits provided under such plan or such health insurance coverage with',
'respect to such provider or facility are terminated because of a change in the terms of the participation of the',
'provider or facility in such plan or coverage; or c a contract between such group health plan and a health',
'insurance issuer offering health insurance coverage in connection with such plan is terminated, resulting in a loss of benefits provided',
'under such plan with respect to such provider or facility; the plan or issuer, respectively, shall meet the requirements of',
'paragraph 2 with respect to such individual. 2 note: notifications. requirements. the requirements of this paragraph are that the plan',
'or issuer a notify each individual enrolled under such plan or coverage who is a continuing care patient with respect',
'to a provider or facility at the time of a termination described in paragraph 1 affecting such provider or facility',
'on a timely basis of such termination and such individuals right to elect continued transitional care from such provider or',
'facility under this section; b provide such individual with an opportunity to notify the plan or issuer of the individuals',
'need for transitional care; and c note: time period. effective dates. permit the patient to elect to continue to have',
'benefits provided under such plan or such coverage, under the same terms and conditions as would have applied and with',
'respect to such items and services as would have been covered under such plan or coverage had such termination not',
'occurred, with respect to the course of treatment furnished by such provider or facility relating to such individuals status as',
'a continuing care patient during the period beginning on the date on which the notice under subparagraph a is provided',
'and ending on the earlier of i the 90 day period beginning on such date; or ii the date on',
'which such individual is no longer a continuing care patient with respect to such provider or facility. b definitions. in',
'this section: 1 continuing care patient. the term continuing care patient means an individual who, with respect to a provider',
'or facility a is undergoing a course of treatment for a serious and complex condition from the provider or facility;',
'b is undergoing a course of institutional or inpatient care from the provider or facility; c is scheduled to undergo',
'nonelective surgery from the provide or facility, including receipt of postoperative care from such provider or facility with respect to',
'such a surgery; page 134 stat. 2873 d is pregnant and undergoing a course of treatment for the pregnancy from',
'the provider or facility; or e is or was determined to be terminally ill as determined under section 1861 dd',
'3 a of the social security act and is receiving treatment for such illness from such provider or facility. 2',
'serious and complex condition. the term serious and complex condition means, with respect to a participant or beneficiary under a',
'group health plan or group health insurance coverage a in the case of an acute illness, a condition that is',
'serious enough to require specialized medical treatment to avoid the reasonable possibility of death or permanent harm; or b in',
'the case of a chronic illness or condition, a condition that i is life threatening, degenerative, potentially disabling, or congenital;',
'and ii requires specialized medical care over a prolonged period of time. 3 terminated. the term terminated includes, with respect',
'to a contract, the expiration or nonrenewal of the contract, but does not include a termination of the contract for',
'failure to meet applicable quality standards or for fraud.. 2 clerical amendment. the table of contents in section 1 of',
'the employee retirement income security act of 1974 is amended by inserting after the item relating to section 716 the',
'following new item: sec. 718. continuity of care.. d provider requirement. part e of title xxvii of the public health',
'service act 42 u.s.c. 300gg et seq. , as added by section 104 and further amended by the previous provisions',
'of this title, is further amended by adding at the end the following new section: sec. 2799b 8. note: 42',
'usc 300gg 138. continuity of care. a health care provider or health care facility shall, in the case of an',
'individual furnished items and services by such provider or facility for which coverage is provided under a group health plan',
'or group or individual health insurance coverage pursuant to section 2799a 3, section 9818 of the internal revenue code of',
'1986, or section 718 of the employee retirement income security act of 1974 1 accept payment from such plan or',
'such issuer as applicable and cost sharing from such individual, if applicable, in accordance with subsection a 2 c of',
'such section 2799a 3, 9818, or 718 for such items and services as payment in full for such items and',
'services; and 2 continue to adhere to all policies, procedures, and quality standards imposed by such plan or issuer with',
'respect to such individual and such items and services in the same manner as if such termination had not occurred..',
'e note: 26 usc 9818 note. effective date. the amendments made by subsections a , b , and c shall',
'apply with respect to plan years beginning on or after january 1, 2022. page 134 stat. 2874 sec. 114. maintenance',
'of price comparison tool. a public health service act. title xxvii of the public health service act 42 u.s.c. 300gg',
'et seq. is amended, in part d, as added and amended by section 102 and further amended by the previous',
'provisions of this title, by inserting after section 2799a 3 the following new section: sec. 2799a 4. note: 42 usc',
'300gg 114. web posting. 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.. b internal revenue code.',
'1 in general. subchapter b of chapter 100 of the internal revenue code of 1986, as amended by sections 102,',
'105, and 113, is further amended by inserting after section 9818 the following new section: sec. 9819. note: 26 usc',
'9819. maintenance of price comparison tool. a note: web posting. group health plan 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, 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 with respect to the furnishing of a specific item or service by any such provider..',
'2 clerical amendment. the table of sections for such subchapter, as amended by the previous sections, note: 26 usc 9811',
'prec. is further amended by inserting after the item relating to section 9818 the following new item: sec. 9819. maintenance',
'of price comparison tool.. c employee retirement income security act. 1 in general. subpart b of part 7 of subtitle',
'b of title i of the employee retirement income security act of 1974 29 u.s.c. 1185 et seq. , as',
'amended by sections 102, 105, and 113, is further amended by inserting after section 718 the following new section: sec.',
'719. note: 29 usc 1185h. maintenance of price comparison tool. a note: web posting. group health plan or a health',
'insurance issuer offering group 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 page 134 stat. 2875 be responsible',
'for paying under such plan or coverage with respect to the furnishing of a specific item or service by any',
'such provider.. 2 clerical amendment. the table of contents in section 1 of the employee retirement income security act of',
'1974, as amended by the previous provisions of this title, is further amended by inserting after the item relating to',
'section 716 the following new item: sec. 719. maintenance of price comparison tool.. d note: 26 usc 9819 note. effective',
'date. the amendments made by this section shall apply with respect to plan years beginning on or after january 1,',
'2022. sec. 115. state all payer claims databases. a grants to states. part b of title iii of the public',
'health service act 42 u.s.c. 243 et seq. is amended by adding at the end the following: sec. 320b. note:',
'grants. 42 usc 247d 11. state all payer claims databases. a in general. the secretary shall make one time grants',
'to eligible states for the purposes described in subsection b . b uses. a state may use a grant received',
'under subsection a for one of the following purposes: 1 to establish a state all payer claims database. 2 to',
'improve an existing state all payer claims databases. c eligibility. to be eligible to receive a grant under subsection a',
', a state shall submit to the secretary an application at such time, in such manner, and containing such information',
'as the secretary specifies, including, with respect to a state all payer claims database, at least specifics on how the',
'state will ensure uniform data collection and the privacy and security of such data. d grant period and amount. grants',
'awarded under this section shall be for a period of 3 years, and in an amount of $2,500,000, of which',
'$1,000,000 shall be made available to the state for each of the first 2 years of the grant period, and',
'$500,000 shall be made available to the state for the third year of the grant period. e authorized users. 1',
'application. an entity desiring authorization for access to a state all payer claims database that has received a grant under',
'this section shall submit to the state all payer claims database an application for such access, which shall include a',
'in the case of an entity requesting access for research purposes i a description of the uses and methodologies for',
'evaluating health system performance using such data; and ii documentation of approval of the research by an institutional review board,',
'if applicable for a particular plan of research; or b in the case of an entity such as an employer,',
'health insurance issuer, third party administrator, or health care provider, requesting access for the purpose page 134 stat. 2876 of',
'quality improvement or cost containment, a description of the intended uses for such data. 2 requirements. a access for research',
'purposes. upon approval of an application for research purposes under paragraph 1 a , the authorized user shall enter into',
'a data use and confidentiality agreement with the state all payer claims database that has received a grant under this',
'subsection, which shall include a prohibition on attempts to reidentify and disclose individually identifiable health information and proprietary financial information.',
'b customized reports. employers and employer organizations may request customized reports from a state all payer claims database that has',
'received a grant under this section, at cost, subject to the requirements of this section with respect to privacy, security,',
'and proprietary financial information. c non customized reports. a state all payer claims database that has received a grant under',
'this section shall make available to all authorized users aggregate data sets available through the state all payer claims database,',
'free of charge. 3 waivers. the secretary may waive the requirements of this subsection of a state all payer claims',
'database to provide access of entities to such database if such state all payer claims database is substantially in compliance',
'with this subsection. f expanded access. 1 multi state applications. the secretary may prioritize applications submitted by a state whose',
'application demonstrates that the state will work with other state all payer claims databases to establish a single application for',
'access to data by authorized users across multiple states. 2 expansion of data sets. the secretary may prioritize applications submitted',
'by a state whose application demonstrates that the state will implement the reporting format for self insured group health plans',
'described in section 735 of the employee retirement income security act of 1974. g definitions. in this section 1 the',
'term individually identifiable health information has the meaning given such term in section 1171 6 of the social security act;',
'2 the term proprietary financial information means data that would disclose the terms of a specific contract between an individual',
'health care provider or facility and a specific group health plan, managed care entity as defined in section 1932 a',
'1 b of the social security act or other managed care organization, or health insurance issuer offering group or individual',
'health insurance coverage; and 3 the term state all payer claims database means, with respect to a state, a database',
'that may include medical claims, pharmacy claims, dental claims, and eligibility and provider files, which are collected from private and',
'public payers. h authorization of appropriations. to carry out this section, there is authorized to be appropriated $50,000,000 for each',
'page 134 stat. 2877 of fiscal years 2022 and 2023, and $25,000,000 for fiscal year 2024, to remain available until',
'expended.. b standardized reporting format. subpart c of part 7 of subtitle b of title i of the employee retirement',
'income security act of 1974 29 u.s.c. 1191 et seq. is amended by adding at the end the following: sec.',
'735. note: 29 usc 1191d. standardized reporting format. a note: deadline. updates. in general. not later than 1 year after',
'the date of enactment of this section, the secretary shall establish and periodically update a standardized reporting format for the',
'voluntary reporting, by group health plans to state all payer claims databases, of medical claims, pharmacy claims, dental claims, and',
'eligibility and provider files that are collected from private and public payers, and shall provide guidance to states on the',
'process by which states may collect such data from such plans in the standardized reporting format. b note: deadlines. consultation.',
'1 advisory committee. not later than 90 days after the date of enactment of this section, the secretary shall convene',
'an advisory committee referred to in this section as the committee , consisting of 15 members to advise the secretary',
'regarding the format and guidance described in paragraph 1 . 2 membership. a note: coordination. appointment. in accordance with subparagraph',
'b , not later than 90 days after the date of enactment this section, the secretary, in coordination with the',
'secretary of health and human services, shall appoint under subparagraph b iii , and the comptroller general of the united',
'states shall appoint under subparagraph b iv , members who have distinguished themselves in the fields of health services research,',
'health economics, health informatics, data privacy and security, or the governance of state all payer claims databases, or who represent',
'organizations likely to submit data to or use the database, including patients, employers, or employee organizations that sponsor group health',
'plans, health care providers, health insurance issuers, or third party administrators of group health plans. note: time period. such members',
'shall serve 3 year terms on a staggered basis. vacancies on the committee shall be filled by appointment consistent with',
'this paragraph not later than 3 months after the vacancy arises. b composition. the committee shall be comprised of i',
'the assistant secretary of employee benefits and security administration of the department of labor, or a designee of such assistant',
'secretary; ii the assistant secretary for planning and evaluation of the department of health and human services, or a designee',
'of such assistant secretary; iii members appointed by the secretary, in coordination with the secretary of health and human services,',
'including i 1 member to serve as the chair of the committee; page 134 stat. 2878 ii 1 representative of',
'the centers for medicare & medicaid services; iii 1 representative of the agency for healthcare research and quality; iv 1',
'representative of the office for civil rights of the department of health and human services with expertise in data privacy',
'and security; v 1 representative of the national center for health statistics; vi 1 representative of the office of the',
'national coordinator for health information technology; and vii 1 representative of a state all payer claims database; iv members appointed',
'by the comptroller general of the united states, including i 1 representative of an employer that sponsors a group health',
'plan; ii 1 representative of an employee organization that sponsors a group health plan; iii 1 academic researcher with expertise',
'in health economics or health services research; iv 1 consumer advocate; and v 2 additional members. 3 report. not later',
'than 180 days after the date of enactment of this section, the committee shall report to the secretary, the committee',
'on health, education, labor, and pensions of the senate, and the committee on energy and commerce and the committee on',
'education and labor of the house of representatives. note: recommenda tions. such report shall include recommendations on the establishment of',
'the format and guidance described in subsection a . c note: definition. state all payer claims database. in this section,',
'the term state all payer claims database means, with respect to a state, a database that may include medical claims,',
'pharmacy claims, dental claims, and eligibility and provider files, which are collected from private and public payers. d authorization of',
'appropriations. to carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2021, to remain available',
'until expended or, if sooner, until the date described in subsection e . e sunset. beginning on the date on',
'which the report is submitted under subsection b 3 , subsection b shall have no force or effect.. sec. 116.',
'protecting patients and improving the accuracy of provider directory information. a phsa. part d of title xxvii of the public',
'health service act 42 u.s.c. 300gg et seq. , as added and amended by section 102 and further amended by',
'the previous provisions of this title, is further amended by inserting after section 2799a 4 the following: sec. 2799a 5.',
'note: 42 usc 300gg 115. protecting patients and improving the accuracy of provider directory information. a provider directory information requirements.',
'1 note: effective date. in general. for plan years beginning on or after january 1, 2022, each group health plan',
'and health insurance page 134 stat. 2879 issuer offering group or individual health insurance coverage shall a establish the verification',
'process described in paragraph 2 ; b establish the response protocol described in paragraph 3 ; c establish the database',
'described in paragraph 4 ; and d include in any directory other than the database described in subparagraph c containing',
'provider directory information with respect to such plan or such coverage the information described in paragraph 5 . 2 note:',
'updates. verification process. the verification process described in this paragraph is, with respect to a group health plan or a',
'health insurance issuer offering group or individual health insurance coverage, a process a note: time period. under which, not less',
'frequently than once every 90 days, such plan or such issuer as applicable verifies and updates the provider directory information',
'included on the database described in paragraph 4 of such plan or issuer of each health care provider and health',
'care facility included in such database; b note: procedures. that establishes a procedure for the removal of such a provider',
'or facility with respect to which such plan or issuer has been unable to verify such information during a period',
'specified by the plan or issuer; and c note: deadline. that provides for the update of such database within 2',
'business days of such plan or issuer receiving from such a provider or facility information pursuant to section 2799b 9.',
'3 response protocol. the response protocol described in this paragraph is, in the case of an individual enrolled under a',
'group health plan or group or individual health insurance coverage offered by a health insurance issuer who requests information through',
'a telephone call or electronic, web based, or internet based means on whether a health care provider or health care',
'facility has a contractual relationship to furnish items and services under such plan or such coverage, a protocol under which',
'such plan or such issuer as applicable , in the case such request is made through a telephone call a',
'note: deadline. responds to such individual as soon as practicable and in no case later than 1 business day after',
'such call is received, through a written electronic or print as requested by such individual communication; and b note: time',
'period. retains such communication in such individuals file for at least 2 years following such response. 4 database. the database',
'described in this paragraph is, with respect to a group health plan or health insurance issuer offering group or individual',
'health insurance coverage, a database on the public website of such plan or issuer that contains a note: list. a',
'list of each health care provider and health care facility with which such plan or such issuer has a direct',
'or indirect contractual relationship for furnishing items and services under such plan or such coverage; and b provider directory information',
'with respect to each such provider and facility. page 134 stat. 2880 5 information. the information described in this paragraph',
'is, with respect to a print directory containing provider directory information with respect to a group health plan or individual',
'or group health insurance coverage offered by a health insurance issuer, a notification that such information contained in such directory',
'was accurate as of the date of publication of such directory and that an individual enrolled under such plan or',
'such coverage should consult the database described in paragraph 4 with respect to such plan or such coverage or contact',
'such plan or the issuer of such coverage to obtain the most current provider directory information with respect to such',
'plan or such coverage. 6 definition. for purposes of this subsection, the term provider directory information includes, with respect to',
'a group health plan and a health insurance issuer offering group or individual health insurance coverage, the name, address, specialty,',
'telephone number, and digital contact information of each health care provider or health care facility with which such plan or',
'such issuer has a contractual relationship for furnishing items and services under such plan or such coverage. 7 rule of',
'construction. nothing in this section shall be construed to preempt any provision of state law relating to health care provider',
'directories. b cost sharing for services provided based on reliance on incorrect provider network information. 1 note: effective date. in',
'general. for plan years beginning on or after january 1, 2022, in the case of an item or service furnished',
'to a participant, beneficiary, or enrollee of a group health plan or group or individual health insurance coverage offered by',
'a health insurance issuer by a nonparticipating provider or a nonparticipating facility, if such item or service would otherwise be',
'covered under such plan or coverage if furnished by a participating provider or participating facility and if either of the',
'criteria described in paragraph 2 applies with respect to such participant, beneficiary, or enrollee and item or service, the plan',
'or coverage a shall not impose on such participant, beneficiary, or enrollee a cost sharing amount for such item or',
'service so furnished that is greater than the cost sharing amount that would apply under such plan or coverage had',
'such item or service been furnished by a participating provider; and b note: applicability. shall apply the deductible or out',
'of pocket maximum, if any, that would apply if such services were furnished by a participating provider or a participating',
'facility. 2 criteria described. for purposes of paragraph 1 , the criteria described in this paragraph, with respect to an',
'item or service furnished to a participant, beneficiary, or enrollee of a group health plan or group or individual health',
'insurance coverage offered by a health insurance issuer by a nonparticipating provider or a nonparticipating facility, are the following: a',
'the participant, beneficiary, or enrollee received through a database, provider directory, or response protocol described in subsection a information with',
'respect to such item and service to be furnished and such information page 134 stat. 2881 provided that the provider',
'was a participating provider or facility was a participating facility, with respect to the plan for furnishing such item or',
'service. b the information was not provided, in accordance with subsection a , to the participant, beneficiary, or enrollee and',
'the participant, beneficiary, or enrollee requested through the response protocol described in subsection a 3 of the plan or coverage',
'information on whether the provider was a participating provider or facility was a participating facility with respect to the plan',
'for furnishing such item or service and was informed through such protocol that the provider was such a participating provider',
'or facility was such a participating facility. c note: effective date. public information. web posting. applicability. disclosure on patient protections',
'against balance billing. for plan years beginning on or after january 1, 2022, each group health plan and health insurance',
'issuer offering group or individual health insurance coverage shall make publicly available, post on a public website of such plan',
'or issuer, and include on each explanation of benefits for an item or service with respect to which the requirements',
'under section 2799a 1 applies 1 note: requirements. information in plain language on a the requirements and prohibitions applied under',
'sections 2799b 1 and 2799b 2 relating to prohibitions on balance billing in certain circumstances ; b if provided for',
'under applicable state law, any other requirements on providers and facilities regarding the amounts such providers and facilities may, with',
'respect to an item or service, charge a participant, beneficiary, or enrollee of such plan or coverage with respect to',
'which such a provider or facility does not have a contractual relationship for furnishing such item or service under the',
'plan or coverage after receiving payment from the plan or coverage for such item or service and any applicable cost',
'sharing payment from such participant, beneficiary, or enrollee; and c the requirements applied under section 2799a 1; and 2 information',
'on contacting appropriate state and federal agencies in the case that an individual believes that such a provider or facility',
'has violated any requirement described in paragraph 1 with respect to such individual.. b erisa. subpart b of part 7',
'of subtitle b of title i of the employee retirement income security act of 1974 29 u.s.c. 1185 et seq.',
', as amended by sections 102, 105, 113, and 114, is further amended by inserting after section 719 the following:',
'sec. 720. note: 29 usc 1185i. protecting patients and improving the accuracy of provider directory information. a provider directory information',
'requirements. 1 note: effective date. in general. for plan years beginning on or after january 1, 2022, each group health',
'plan and health insurance issuer offering group health insurance coverage shall a establish the verification process described in paragraph 2',
'; b establish the response protocol described in paragraph 3 ; page 134 stat. 2882 c establish the database described',
'in paragraph 4 ; and d include in any directory other than the database described in subparagraph c containing provider',
'directory information with respect to such plan or such coverage the information described in paragraph 5 . 2 note: updates.',
'verification process. the verification process described in this paragraph is, with respect to a group health plan or a health',
'insurance issuer offering group health insurance coverage, a process a note: time period. under which, not less frequently than once',
'every 90 days, such plan or such issuer as applicable verifies and updates the provider directory information included on the',
'database described in paragraph 4 of such plan or issuer of each health care provider and health care facility included',
'in such database; b note: procedures. that establishes a procedure for the removal of such a provider or facility with',
'respect to which such plan or issuer has been unable to verify such information during a period specified by the',
'plan or issuer; and c note: deadline. that provides for the update of such database within 2 business days of',
'such plan or issuer receiving from such a provider or facility information pursuant to section 2799b 9 of the public',
'health service act. 3 response protocol. the response protocol described in this paragraph is, in the case of an individual',
'enrolled under a group health plan or group health insurance coverage offered by a health insurance issuer who requests information',
'through a telephone call or electronic, web based, or internet based means on whether a health care provider or health',
'care facility has a contractual relationship to furnish items and services under such plan or such coverage, a protocol under',
'which such plan or such issuer as applicable , in the case such request is made through a telephone call',
'a note: deadline. responds to such individual as soon as practicable and in no case later than 1 business day',
'after such call is received, through a written electronic or print as requested by such individual communication; and b note:',
'time period. retains such communication in such individuals file for at least 2 years following such response. 4 database. the',
'database described in this paragraph is, with respect to a group health plan or health insurance issuer offering group health',
'insurance coverage, a database on the public website of such plan or issuer that contains a note: list. a list',
'of each health care provider and health care facility with which such plan or such issuer has a direct or',
'indirect contractual relationship for furnishing items and services under such plan or such coverage; and b provider directory information with',
'respect to each such provider and facility. 5 information. the information described in this paragraph is, with respect to a',
'print directory containing provider directory information with respect to a group health plan or group health insurance coverage offered by',
'a health insurance issuer, a notification that such information contained in such directory was accurate as of the date of',
'publication of such directory and that an individual enrolled under such plan or page 134 stat. 2883 such coverage should',
'consult the database described in paragraph 4 with respect to such plan or such coverage or contact such plan or',
'the issuer of such coverage to obtain the most current provider directory information with respect to such plan or such',
'coverage. 6 definition. for purposes of this subsection, the term provider directory information includes, with respect to a group health',
'plan and a health insurance issuer offering group health insurance coverage, the name, address, specialty, telephone number, and digital contact',
'information of each health care provider or health care facility with which such plan or such issuer has a contractual',
'relationship for furnishing items and services under such plan or such coverage. 7 rule of construction. nothing in this section',
'shall be construed to preempt any provision of state law relating to health care provider directories, to the extent such',
'state law applies to such plan, coverage, or issuer, subject to section 514. b cost sharing for services provided based',
'on reliance on incorrect provider network information. 1 note: effective date. in general. for plan years beginning on or after',
'january 1, 2022, in the case of an item or service furnished to a participant or beneficiary of a group',
'health plan or group health insurance coverage offered by a health insurance issuer by a nonparticipating provider or a nonparticipating',
'facility, if such item or service would otherwise be covered under such plan or coverage if furnished by a participating',
'provider or participating facility and if either of the criteria described in paragraph 2 applies with respect to such participant',
'or beneficiary and item or service, the plan or coverage a shall not impose on such participant or beneficiary a',
'cost sharing amount for such item or service so furnished that is greater than the cost sharing amount that would',
'apply under such plan or coverage had such item or service been furnished by a participating provider; and b note:',
'applicability. shall apply the deductible or out of pocket maximum, if any, that would apply if such services were furnished',
'by a participating provider or a participating facility. 2 criteria described. for purposes of paragraph 1 , the criteria described',
'in this paragraph, with respect to an item or service furnished to a participant or beneficiary of a group health',
'plan or group health insurance coverage offered by a health insurance issuer by a nonparticipating provider or a nonparticipating facility,',
'are the following: a the participant or beneficiary received through a database, provider directory, or response protocol described in subsection',
'a information with respect to such item and service to be furnished and such information provided that the provider was',
'a participating provider or facility was a participating facility, with respect to the plan for furnishing such item or service.',
'b the information was not provided, in accordance with subsection a , to the participant or beneficiary and the participant',
'or beneficiary requested through the response protocol described in subsection a 3 of the plan or coverage information on whether',
'the provider was a page 134 stat. 2884 participating provider or facility was a participating facility with respect to the',
'plan for furnishing such item or service and was informed through such protocol that the provider was such a participating',
'provider or facility was such a participating facility. c note: effective date. public information. web posting. applicability. disclosure on patient',
'protections against balance billing. for plan years beginning on or after january 1, 2022, each group health plan and health',
'insurance issuer offering group health insurance coverage shall make publicly available, post on a public website of such plan or',
'issuer, and include on each explanation of benefits for an item or service with respect to which the requirements under',
'section 716 applies 1 information in plain language on a note: requirements. the requirements and prohibitions applied under sections 2799b',
'1 and 2799b 2 of the public health service act relating to prohibitions on balance billing in certain circumstances ;',
'b if provided for under applicable state law, any other requirements on providers and facilities regarding the amounts such providers',
'and facilities may, with respect to an item or service, charge a participant or beneficiary of such plan or coverage',
'with respect to which such a provider or facility does not have a contractual relationship for furnishing such item or',
'service under the plan or coverage after receiving payment from the plan or coverage for such item or service and',
'any applicable cost sharing payment from such participant or beneficiary; and c the requirements applied under section 716; and 2',
'information on contacting appropriate state and federal agencies in the case that an individual believes that such a provider or',
'facility has violated any requirement described in paragraph 1 with respect to such individual.. c irc. subchapter b of chapter',
'100 of the internal revenue code of 1986, as amended by sections 102, 105, 113, and 114, is further amended',
'by inserting after section 9819 the following: sec. 9820. note: 26 usc 9820. protecting patients and improving the accuracy of',
'provider directory information. a provider directory information requirements. 1 note: effective date. in general. for plan years beginning on or',
'after january 1, 2022, each group health plan shall a establish the verification process described in paragraph 2 ; b',
'establish the response protocol described in paragraph 3 ; c establish the database described in paragraph 4 ; and d',
'include in any directory other than the database described in subparagraph c containing provider directory information with respect to such',
'plan the information described in paragraph 5 . 2 note: updates. verification process. the verification process described in this paragraph',
'is, with respect to a group health plan, a process a note: time period. under which, not less frequently than',
'once every 90 days, such plan verifies and updates the provider directory information included on the database described in page',
'134 stat. 2885 paragraph 4 of such plan or issuer of each health care provider and health care facility included',
'in such database; b note: procedures. that establishes a procedure for the removal of such a provider or facility with',
'respect to which such plan or issuer has been unable to verify such information during a period specified by the',
'plan or issuer; and c note: deadline. that provides for the update of such database within 2 business days of',
'such plan or issuer receiving from such a provider or facility information pursuant to section 2799b 9 of the public',
'health service act. 3 response protocol. the response protocol described in this paragraph is, in the case of an individual',
'enrolled under a group health plan who requests information through a telephone call or electronic, web based, or internet based',
'means on whether a health care provider or health care facility has a contractual relationship to furnish items and services',
'under such plan, a protocol under which such plan or such issuer as applicable , in the case such request',
'is made through a telephone call a note: deadline. responds to such individual as soon as practicable and in no',
'case later than 1 business day after such call is received, through a written electronic or print as requested by',
'such individual communication; and b note: time period. retains such communication in such individuals file for at least 2 years',
'following such response. 4 database. the database described in this paragraph is, with respect to a group health plan, a',
'database on the public website of such plan or issuer that contains a note: list. a list of each health',
'care provider and health care facility with which such plan or such issuer has a direct or indirect contractual relationship',
'for furnishing items and services under such plan; and b provider directory information with respect to each such provider and',
'facility. 5 information. the information described in this paragraph is, with respect to a print directory containing provider directory information',
'with respect to a group health plan, a notification that such information contained in such directory was accurate as of',
'the date of publication of such directory and that an individual enrolled under such plan should consult the database described',
'in paragraph 4 with respect to such plan or contact such plan to obtain the most current provider directory information',
'with respect to such plan. 6 definition. for purposes of this subsection, the term provider directory information includes, with respect',
'to a group health plan, the name, address, specialty, telephone number, and digital contact information of each health care provider',
'or health care facility with which such plan has a contractual relationship for furnishing items and services under such plan.',
'7 rule of construction. nothing in this section shall be construed to preempt any provision of state law relating to',
'health care provider directories. b cost sharing for services provided based on reliance on incorrect provider network information. 1 note:',
'effective date. in general. for plan years beginning on or after january 1, 2022, in the case of an item',
'or service furnished to a participant or beneficiary of a group health plan by a page 134 stat. 2886 nonparticipating',
'provider or a nonparticipating facility, if such item or service would otherwise be covered under such plan if furnished by',
'a participating provider or participating facility and if either of the criteria described in paragraph 2 applies with respect to',
'such participant or beneficiary and item or service, the plan a shall not impose on such participant or beneficiary a',
'cost sharing amount for such item or service so furnished that is greater than the cost sharing amount that would',
'apply under such plan had such item or service been furnished by a participating provider; and b note: applicability. shall',
'apply the deductible or out of pocket maximum, if any, that would apply if such services were furnished by a',
'participating provider or a participating facility. 2 criteria described. for purposes of paragraph 1 , the criteria described in this',
'paragraph, with respect to an item or service furnished to a participant or beneficiary of a group health plan by',
'a nonparticipating provider or a nonparticipating facility, are the following: a the participant or beneficiary received through a database, provider',
'directory, or response protocol described in subsection a information with respect to such item and service to be furnished and',
'such information provided that the provider was a participating provider or facility was a participating facility, with respect to the',
'plan for furnishing such item or service. b the information was not provided, in accordance with subsection a , to',
'the participant or beneficiary and the participant or beneficiary requested through the response protocol described in subsection a 3 of',
'the plan information on whether the provider was a participating provider or facility was a participating facility with respect to',
'the plan for furnishing such item or service and was informed through such protocol that the provider was such a',
'participating provider or facility was such a participating facility. c note: effective date. public information. web posting. applicability. disclosure on',
'patient protections against balance billing. for plan years beginning on or after january 1, 2022, each group health plan shall',
'make publicly available, post on a public website of such plan or issuer, and include on each explanation of benefits',
'for an item or service with respect to which the requirements under section 9816 applies 1 information in plain language',
'on a note: requirements. the requirements and prohibitions applied under sections 2799b 1 and 2799b 2 of the public health',
'service act relating to prohibitions on balance billing in certain circumstances ; b if provided for under applicable state law,',
'any other requirements on providers and facilities regarding the amounts such providers and facilities may, with respect to an item',
'or service, charge a participant or beneficiary of such plan with respect to which such a provider or facility does',
'not have a contractual relationship for furnishing such item or service under the plan after receiving payment from the plan',
'for such item or service and any page 134 stat. 2887 applicable cost sharing payment from such participant or beneficiary;',
'and c the requirements applied under section 9816; and 2 information on contacting appropriate state and federal agencies in the',
'case that an individual believes that such a provider or facility has violated any requirement described in paragraph 1 with',
'respect to such individual.. d clerical amendments. 1 erisa. the table of contents in section 1 of the employee retirement',
'income security act of 1974 29 u.s.c. 1001 et seq. , as amended by the previous provisions of this title,',
'is further amended by inserting after the item relating to section 719 the following new item: 720. protecting patients and',
'improving the accuracy of provider directory information.. 2 irc. the table of sections for subchapter b of chapter 100 of',
'the internal revenue code of 1986, as amended by the previous provisions of this title, note: 26 usc 9811 prec.',
'is further amended by inserting after the item relating to section 9819 the following new item: 9820. protecting patients and',
'improving the accuracy of provider directory information.. e provider requirements. part e of title xxvii of the public health service',
'act 42 u.s.c. 300gg et seq. , as added by section 104 and as further amended by the previous provisions',
'of this title, is further amended by adding at the end the following: sec. 2799b 9. note: 42 usc 300gg',
'139. provider requirements to protect patients and improve the accuracy of provider directory information. a note: effective date. provider business',
'processes. beginning not later than january 1, 2022, each health care provider and each health care facility shall have in',
'place business processes to ensure the timely provision of provider directory information to a group health plan or a health',
'insurance issuer offering group or individual health insurance coverage to support compliance by such plans or issuers with section 2799a',
'5 a 1 , section 720 a 1 of the employee retirement income security act of 1974, or section 9820',
'a 1 of the internal revenue code of 1986, as applicable. such providers shall submit provider directory information to a',
'plan or issuers, at a minimum 1 when the provider or facility begins a network agreement with a plan or',
'with an issuer with respect to certain coverage; 2 when the provider or facility terminates a network agreement with a',
'plan or with an issuer with respect to certain coverage; 3 when there are material changes to the content of',
'provider directory information of the provider or facility described in section 2799a 5 a 1 , section 720 a 1',
'of the employee retirement income security act of 1974, or section 9820 a 1 of the internal revenue code of',
'1986, as applicable; and page 134 stat. 2888 4 at any other time including upon the request of such issuer',
'or plan determined appropriate by the provider, facility, or the secretary. b note: reimbursement. determination. refunds to enrollees. if a',
'health care provider submits a bill to an enrollee based on cost sharing for treatment or services provided by the',
'health care provider that is in excess of the normal cost sharing applied for such treatment or services provided in',
'network, as prohibited under section 2799a 5 b , section 720 b of the employee retirement income security act of',
'1974, or section 9820 b of the internal revenue code of 1986, as applicable, and the enrollee pays such bill,',
'the provider shall reimburse the enrollee for the full amount paid by the enrollee in excess of the in network',
'cost sharing amount for the treatment or services involved, plus interest, at an interest rate determined by the secretary. c',
'limitation. nothing in this section shall prohibit a provider from requiring in the terms of a contract, or contract termination,',
'with a group health plan or health insurance issuer 1 that the plan or issuer remove, at the time of',
'termination of such contract, the provider from a directory of the plan or issuer described in section 2799a 5 a',
', section 720 a of the employee retirement income security act of 1974, or section 9820 a of the internal',
'revenue code of 1986, as applicable; or 2 that the plan or issuer bear financial responsibility, including under section 2799a',
'5 b , section 720 b of the employee retirement income security act of 1974, or section 9820 b of',
'the internal revenue code of 1986, as applicable, for providing inaccurate network status information to an enrollee. d definition. for',
'purposes of this section, the term provider directory information includes the names, addresses, specialty, telephone numbers, and digital contact information',
'of individual health care providers, and the names, addresses, telephone numbers, and digital contact information of each medical group, clinic,',
'or facility contracted to participate in any of the networks of the group health plan or health insurance coverage involved.',
'e rule of construction. nothing in this section shall be construed to preempt any provision of state law relating to',
'health care provider directories.. sec. 117. advisory committee on ground ambulance and patient billing. a note: deadline. establishment. review. disclosure.',
'in general. not later than 90 days after the date of enactment of this act, the secretary of labor, secretary',
'of health and human services, and the secretary of the treasury the secretaries shall jointly establish an advisory committee for',
'the purpose of reviewing options to improve the disclosure of charges and fees for ground ambulance services, better inform consumers',
'of insurance options for such services, and protect consumers from balance billing. b composition of the advisory committee. the advisory',
'committee shall be composed of the following members: 1 the secretary of labor, or the secretarys designee. 2 the secretary',
'of health and human services, or the secretarys designee. 3 the secretary of the treasury, or the secretarys designee. page',
'134 stat. 2889 4 note: appointments. one representative, to be appointed jointly by the secretaries, for each of the following:',
'a each relevant federal agency, as determined by the secretaries. b state insurance regulators. c health insurance providers. d patient',
'advocacy groups. e consumer advocacy groups. f state and local governments. g physician specializing in emergency, trauma, cardiac, or stroke.',
'h state emergency medical services officials. i emergency medical technicians, paramedics, and other emergency medical services personnel. 5 note: appointments.',
'three representatives, to be appointed jointly by the secretaries, to represent the various segments of the ground ambulance industry. 6',
'up to an additional 2 representatives otherwise not described in paragraphs 1 through 5 , as determined necessary and appropriate',
'by the secretaries. c consultation. the advisory committee shall, as appropriate, consult with relevant experts and stakeholders, including those not',
'otherwise included under subsection b , while conducting the review described in subsection a . d recommendations. the advisory committee',
'shall make recommendations with respect to disclosure of charges and fees for ground ambulance services and insurance coverage, consumer protection',
'and enforcement authorities of the departments of labor, health and human services, and the treasury and state authorities, and the',
'prevention of balance billing to consumers. the recommendations shall address, at a minimum 1 options, best practices, and identified standards',
'to prevent instances of balance billing; 2 steps that can be taken by state legislatures, state insurance regulators, state attorneys',
'general, and other state officials as appropriate, consistent with current legal authorities regarding consumer protection; and 3 legislative options for',
'congress to prevent balance billing. e report. not later than 180 days after the date of the first meeting of',
'the advisory committee, the advisory committee shall submit to the secretaries, and the committees on education and labor, energy and',
'commerce, and ways and means of the house of representatives and the committees on finance and health, education, labor, and',
'pensions a report containing the recommendations made under subsection d . sec. 118. implementation funding. a in general. for the',
'purposes described in subsection b , there are appropriated, out of amounts in the treasury not otherwise appropriated, to the',
'secretary of health and human services, the secretary of labor, and the secretary of the treasury, $500,000,000 for fiscal year',
'2021, to remain available until expended through 2024. page 134 stat. 2890 b permitted purposes. the purposes described in this',
'subsection are limited to the following purposes, insofar as such purposes are to carry out the provisions of, including the',
'amendments made by, this title and title ii: 1 note: regulations. preparing, drafting, and issuing proposed and final regulations or',
'interim regulations. 2 note: public information. preparing, drafting, and issuing guidance and public information. 3 preparing and holding public meetings.',
'4 note: reports. preparing, drafting, and publishing reports. 5 enforcement of such provisions. 6 note: analysis. data. reporting, collection, and',
'analysis of data. 7 establishment and initial implementation of the processes for independent dispute resolution and implementation of patient provider',
'dispute resolution under such provisions. 8 note: audits. conducting audits. 9 other administrative duties necessary for implementation of such provisions.',
'c note: reports. transparency of implementation funds. each secretary described in subsection a shall annually submit to the committees on',
'energy and commerce, on ways and means, on education and labor, and on appropriations of the house of representatives and',
'on the committees on health, education, labor, and pensions and on appropriations of the senate a report on funds expended',
'pursuant to funds appropriated under this section. title ii transparency sec. 201. increasing transparency by removing gag clauses on price',
'and quality information. a phsa. part d of title xxvii of the public health service act 42 u.s.c. 300gg et',
'seq. , as added and amended by title i, is further amended by adding at the end the following: sec.',
'2799a 9. note: 42 usc 300gg 119. increasing transparency by removing gag clauses on price and quality information. a increasing',
'price and quality transparency for plan sponsors and group and individual market consumers. 1 group health plans. a group health',
'plan or health insurance issuer offering group health insurance coverage may not enter into an agreement with a health care',
'provider, network or association of providers, third party administrator, or other service provider offering access to a network of providers',
'that would directly or indirectly restrict a group health plan or health insurance issuer offering such coverage from a providing',
'provider specific cost or quality of care information or data, through a consumer engagement tool or any other means, to',
'referring providers, the plan sponsor, enrollees, or individuals eligible to become enrollees of the plan or coverage; b electronically accessing',
'de identified claims and encounter information or data for each enrollee in the plan or coverage, upon request and consistent',
'with the privacy regulations promulgated pursuant to section 264 c of the health insurance portability and accountability act of 1996,',
'the amendments made by the genetic information page 134 stat. 2891 nondiscrimination act of 2008, and the americans with disabilities',
'act of 1990, including, on a per claim basis i financial information, such as the allowed amount, or any other',
'claim related financial obligations included in the provider contract; ii provider information, including name and clinical designation; iii service codes;',
'or iv any other data element included in claim or encounter transactions; or c sharing information or data described in',
'subparagraph a or b , or directing that such data be shared, with a business associate as defined in section',
'160.103 of title 45, code of federal regulations or successor regulations , consistent with the privacy regulations promulgated pursuant to',
'section 264 c of the health insurance portability and accountability act of 1996, the amendments made by the genetic information',
'nondiscrimination act of 2008, and the americans with disabilities act of 1990. 2 individual health insurance coverage. a health insurance',
'issuer offering individual health insurance coverage may not enter into an agreement with a health care provider, network or association',
'of providers, or other service provider offering access to a network of providers that would directly or indirectly restrict the',
'health insurance issuer from a providing provider specific price or quality of care information, through a consumer engagement tool or',
'any other means, to referring providers, enrollees, or individuals eligible to become enrollees of the plan or coverage; or b',
'sharing, for plan design, plan administration, and plan, financial, legal, and quality improvement activities, data described in subparagraph a with',
'a business associate as defined in section 160.103 of title 45, code of federal regulations or successor regulations , consistent',
'with the privacy regulations promulgated pursuant to section 264 c of the health insurance portability and accountability act of 1996,',
'the amendments made by the genetic information nondiscrimination act of 2008, and the americans with disabilities act of 1990. 3',
'clarification regarding public disclosure of information. nothing in paragraph 1 a or 2 a prevents a health care provider, network',
'or association of providers, or other service provider from placing reasonable restrictions on the public disclosure of the information described',
'in such paragraphs 1 and 2 . 4 note: time period. compliance. attestation. a group health plan or a health',
'insurance issuer offering group or individual health insurance coverage shall annually submit to the secretary an attestation that such plan',
'or issuer of such coverage is in compliance with the requirements of this subsection. 5 rules of construction. nothing in',
'this section shall be construed to modify or eliminate existing privacy protections and standards under state and federal law. nothing',
'in this subsection shall be construed to otherwise limit access by a group health plan, plan sponsor, or health insurance',
'issuer to data as permitted under the privacy regulations promulgated page 134 stat. 2892 pursuant to section 264 c of',
'the health insurance portability and accountability act of 1996, the amendments made by the genetic information nondiscrimination act of 2008,',
'and the americans with disabilities act of 1990.. b erisa. subpart b of part 7 of subtitle b of title',
'i of the employee retirement income security act of 1974 29 u.s.c. 1185 et seq. , as amended by title',
'i, is further amended by adding at the end the following: sec. 724. note: 29 usc 1185m. increasing transparency by',
'removing gag clauses on price and quality information. a increasing price and quality transparency for plan sponsors and consumers. 1',
'in general. a group health plan or an issuer of health insurance coverage offered in connection with such a plan',
'may not enter into an agreement with a health care provider, network or association of providers, third party administrator, or',
'other service provider offering access to a network of providers that would directly or indirectly restrict a group health plan',
'or health insurance issuer offering such coverage from a providing provider specific cost or quality of care information or data,',
'through a consumer engagement tool or any other means, to referring providers, the plan sponsor, participants or beneficiaries, or individuals',
'eligible to become participants or beneficiaries of the plan or coverage; b electronically accessing de identified claims and encounter information',
'or data for each participant or beneficiary in the plan or coverage, upon request and consistent with the privacy regulations',
'promulgated pursuant to section 264 c of the health insurance portability and accountability act of 1996, the amendments made by',
'the genetic information nondiscrimination act of 2008, and the americans with disabilities act of 1990, including, on a per claim',
'basis i financial information, such as the allowed amount, or any other claim related financial obligations included in the provider',
'contract; ii provider information, including name and clinical designation; iii service codes; or iv any other data element included in',
'claim or encounter transactions; or c sharing information or data described in subparagraph a or b , or directing that',
'such data be shared, with a business associate as defined in section 160.103 of title 45, code of federal regulations',
'or successor regulations , consistent with the privacy regulations promulgated pursuant to section 264 c of the health insurance portability',
'and accountability act of 1996, the amendments made by the genetic information nondiscrimination act of 2008, and the americans with',
'disabilities act of 1990. 2 clarification regarding public disclosure of information. nothing in paragraph 1 a prevents a health care',
'provider, network or association of providers, or other service provider from placing reasonable restrictions on the page 134 stat. 2893',
'public disclosure of the information described in such paragraph 1 . 3 note: time period. compliance. attestation. a group health',
'plan or health insurance coverage offered in connection with such a plan shall annually submit to the secretary an attestation',
'that such plan or issuer of such coverage is in compliance with the requirements of this subsection. 4 rules of',
'construction. nothing in this section shall be construed to modify or eliminate existing privacy protections and standards under state and',
'federal law. nothing in this subsection shall be construed to otherwise limit access by a group health plan, plan sponsor,',
'or health insurance issuer to data as permitted under the privacy regulations promulgated pursuant to section 264 c of the',
'health insurance portability and accountability act of 1996, the amendments made by the genetic information nondiscrimination act of 2008, and',
'the americans with disabilities act of 1990.. c irc. subchapter b of chapter 100 of the internal revenue code of',
'1986, as amended by title i, is further amended by adding at the end the following: sec. 9824. note: 26',
'usc 9824. increasing transparency by removing gag clauses on price and quality information. a increasing price and quality transparency for',
'plan sponsors and consumers. 1 in general. a group health plan may not enter into an agreement with a health',
'care provider, network or association of providers, third party administrator, or other service provider offering access to a network of',
'providers that would directly or indirectly restrict a group health plan from a providing provider specific cost or quality of',
'care information or data, through a consumer engagement tool or any other means, to referring providers, the plan sponsor, participants',
'or beneficiaries, or individuals eligible to become participants or beneficiaries of the plan; b electronically accessing de identified claims and',
'encounter information or data for each participant or beneficiary in the plan, upon request and consistent with the privacy regulations',
'promulgated pursuant to section 264 c of the health insurance portability and accountability act of 1996, the amendments made by',
'the genetic information nondiscrimination act of 2008, and the americans with disabilities act of 1990, including, on a per claim',
'basis i financial information, such as the allowed amount, or any other claim related financial obligations included in the provider',
'contract; ii provider information, including name and clinical designation; iii service codes; or iv any other data element included in',
'claim or encounter transactions; or c sharing information or data described in subparagraph a or b , or directing that',
'such data be shared, with a business associate as defined in section 160.103 of title 45, code of federal regulations',
'or successor regulations , consistent with the privacy regulations promulgated page 134 stat. 2894 pursuant to section 264 c of',
'the health insurance portability and accountability act of 1996, the amendments made by the genetic information nondiscrimination act of 2008,',
'and the americans with disabilities act of 1990. 2 clarification regarding public disclosure of information. nothing in paragraph 1 a',
'prevents a health care provider, network or association of providers, or other service provider from placing reasonable restrictions on the',
'public disclosure of the information described in such paragraph 1 . 3 note: time period. compliance. attestation. a group health',
'plan shall annually submit to the secretary an attestation that such plan is in compliance with the requirements of this',
'subsection. 4 rules of construction. nothing in this section shall be construed to modify or eliminate existing privacy protections and',
'standards under state and federal law. nothing in this subsection shall be construed to otherwise limit access by a group',
'health plan or plan sponsor to data as permitted under the privacy regulations promulgated pursuant to section 264 c of',
'the health insurance portability and accountability act of 1996, the amendments made by the genetic information nondiscrimination act of 2008,',
'and the americans with disabilities act of 1990.. d clerical amendments. 1 erisa. the table of contents in section 1',
'of the employee retirement income security act of 1974 29 u.s.c. 1001 et seq. , as amended by title i,',
'is further amended by inserting after the item relating to section 723 the following new item: sec. 724. increasing transparency',
'by removing gag clauses on price and quality information.. 2 irc. the table of sections for subchapter b of chapter',
'100 of the internal revenue code of 1986, as amended by title i, note: 26 usc 9811 prec. is further',
'amended by adding at the end the following new item: sec. 9824. increasing transparency by removing gag clauses on price',
'and quality information.. sec. 202. disclosure of direct and indirect compensation for brokers and consultants to employer spon sored health',
'plans and enrollees in plans on the individual market. a group health plans. section 408 b 2 of the employee',
'retirement income security act of 1974 29 u.s.c. 1108 b 2 is amended 1 by striking 2 contracting or making',
'and inserting 2 a contracting or making; and 2 by adding at the end the following: b i no contract',
'or arrangement for services between a covered plan and a covered service provider, and no extension or renewal of such',
'a contract or arrangement, is reasonable within the meaning of this paragraph unless the requirements of this clause are met.',
'ii i note: definitions. for purposes of this subparagraph: page 134 stat. 2895 aa the term covered plan means a',
'group health plan as defined section 733 a . bb the term covered service provider means a service provider that',
'enters into a contract or arrangement with the covered plan and reasonably expects $1,000 or such amount as the secretary',
'may establish in regulations to account for inflation since the date of enactment of the consolidated appropriations act, 2021, as',
'appropriate or more in compensation, direct or indirect, to be received in connection with providing one or more of the',
'following services, pursuant to the contract or arrangement, regardless of whether such services will be performed, or such compensation received,',
'by the covered service provider, an affiliate, or a subcontractor: aa brokerage services, for which the covered service provider, an',
'affiliate, or a subcontractor reasonably expects to receive indirect compensation or direct compensation described in item dd , provided to',
'a covered plan with respect to selection of insurance products including vision and dental , recordkeeping services, medical management vendor,',
'benefits administration including vision and dental , stop loss insurance, pharmacy benefit management services, wellness services, transparency tools and vendors,',
'group purchasing organization preferred vendor panels, disease management vendors and products, compliance services, employee assistance programs, or third party administration',
'services. bb consulting, for which the covered service provider, an affiliate, or a subcontractor reasonably expects to receive indirect compensation',
'or direct compensation described in item dd , related to the development or implementation of plan design, insurance or insurance',
'product selection including vision and dental , recordkeeping, medical management, benefits administration selection including vision and dental , stop loss',
'insurance, pharmacy benefit management services, wellness design and management services, transparency tools, group purchasing organization agreements and services, participation in',
'and services from preferred vendor panels, disease management, compliance services, employee assistance programs, or third party administration services. cc the',
'term affiliate, with respect to a covered service provider, means an entity that directly or indirectly through one or more',
'intermediaries controls, is controlled by, or is under common control with, such provider, or is an officer, director, or employee',
'of, or partner in, such provider. dd aa the term compensation means anything of monetary value, but does not include',
'non monetary compensation valued at $250 or such amount as the secretary may establish in regulations to account for inflation',
'since the date of enactment of the consolidated appropriations act, 2021, as appropriate or less, in the aggregate, during the',
'term of the contract or arrangement. page 134 stat. 2896 bb the term direct compensation means compensation received directly from',
'a covered plan. cc the term indirect compensation means compensation received from any source other than the covered plan, the',
'plan sponsor, the covered service provider, or an affiliate. compensation received from a subcontractor is indirect compensation, unless it is',
'received in connection with services performed under a contract or arrangement with a subcontractor. ee the term responsible plan fiduciary',
'means a fiduciary with authority to cause the covered plan to enter into, or extend or renew, the contract or',
'arrangement. ff the term subcontractor means any person or entity or an affiliate of such person or entity that is',
'not an affiliate of the covered service provider and that, pursuant to a contract or arrangement with the covered service',
'provider or an affiliate, reasonably expects to receive $1,000 or such amount as the secretary may establish in regulations to',
'account for inflation since the date of enactment of the consolidated appropriations act, 2021, as appropriate or more in compensation',
'for performing one or more services described in item bb under a contract or arrangement with the covered plan. ii',
'note: disclosure. for purposes of this subparagraph, a description of compensation or cost may be expressed as a monetary amount,',
'formula, or a per capita charge for each enrollee or, if the compensation or cost cannot reasonably be expressed in',
'such terms, by any other reasonable method, including a disclosure that additional compensation may be earned but may not be',
'calculated at the time of contract if such a disclosure includes a description of the circumstances under which the additional',
'compensation may be earned and a reasonable and good faith estimate if the covered service provider cannot otherwise readily describe',
'compensation or cost and explains the methodology and assumptions used to prepare such estimate. any such description shall contain sufficient',
'information to permit evaluation of the reasonableness of the compensation or cost. iii no person or entity is a covered',
'service provider within the meaning of subclause i bb solely on the basis of providing services as an affiliate or',
'a subcontractor that is performing one or more of the services described in subitem aa or bb of such subclause',
'under the contract or arrangement with the covered plan. iii note: disclosure. a covered service provider shall disclose to a',
'responsible plan fiduciary, in writing, the following: i a description of the services to be provided to the covered plan',
'pursuant to the contract or arrangement. ii if applicable, a statement that the covered service provider, an affiliate, or a',
'subcontractor will provide, or reasonably expects to provide, services pursuant to the contract or arrangement directly to the covered plan',
'as a fiduciary within the meaning of section 3 21 . iii a description of all direct compensation, either in',
'the aggregate or by service, that the covered service provider, an affiliate, or a subcontractor reasonably expects to receive in',
'connection with the services described in subclause i . page 134 stat. 2897 iv aa a description of all indirect',
'compensation that the covered service provider, an affiliate, or a subcontractor reasonably expects to receive in connection with the services',
'described in subclause i aa including compensation from a vendor to a brokerage firm based on a structure of incentives',
'not solely related to the contract with the covered plan; and bb not including compensation received by an employee from',
'an employer on account of work performed by the employee. bb a description of the arrangement between the payer and',
'the covered service provider, an affiliate, or a subcontractor, as applicable, pursuant to which such indirect compensation is paid. cc',
'identification of the services for which the indirect compensation will be received, if applicable. dd identification of the payer of',
'the indirect compensation. v a description of any compensation that will be paid among the covered service provider, an affiliate,',
'or a subcontractor, in connection with the services described in subclause i if such compensation is set on a transaction',
'basis such as commissions, finders fees, or other similar incentive compensation based on business placed or retained , including identification',
'of the services for which such compensation will be paid and identification of the payers and recipients of such compensation',
'including the status of a payer or recipient as an affiliate or a subcontractor , regardless of whether such compensation',
'also is disclosed pursuant to subclause iii or iv . vi a description of any compensation that the covered service',
'provider, an affiliate, or a subcontractor reasonably expects to receive in connection with termination of the contract or arrangement, and',
'how any prepaid amounts will be calculated and refunded upon such termination. iv note: disclosure. a covered service provider shall',
'disclose to a responsible plan fiduciary, in writing a description of the manner in which the compensation described in clause',
'iii , as applicable, will be received. v i note: disclosure. a covered service provider shall disclose the information required',
'under clauses iii and iv to the responsible plan fiduciary not later than the date that is reasonably in advance',
'of the date on which the contract or arrangement is entered into, and extended or renewed. ii note: deadline. a',
'covered service provider shall disclose any change to the information required under clause iii and iv as soon as practicable,',
'but not later than 60 days from the date on which the covered service provider is informed of such change,',
'unless such disclosure is precluded due to extraordinary circumstances beyond the covered service providers control, in which case the information',
'shall be disclosed as soon as practicable. page 134 stat. 2898 vi i upon the written request of the responsible',
'plan fiduciary or covered plan administrator, a covered service provider shall furnish any other information relating to the compensation received',
'in connection with the contract or arrangement that is required for the covered plan to comply with the reporting and',
'disclosure requirements under this act. ii note: disclosure. the covered service provider shall disclose the information required under clause iii',
'i reasonably in advance of the date upon which such responsible plan fiduciary or covered plan administrator states that it',
'is required to comply with the applicable reporting or disclosure requirement, unless such disclosure is precluded due to extraordinary circumstances',
'beyond the covered service providers control, in which case the information shall be disclosed as soon as practicable. vii note:',
'deadline. no contract or arrangement will fail to be reasonable under this subparagraph solely because the covered service provider, acting',
'in good faith and with reasonable diligence, makes an error or omission in disclosing the information required pursuant to clause',
'iii or a change to such information disclosed pursuant to clause v ii or clause vi , provided that the',
'covered service provider discloses the correct information to the responsible plan fiduciary as soon as practicable, but not later than',
'30 days from the date on which the covered service provider knows of such error or omission. viii i pursuant',
'to subsection a , subparagraphs c and d of section 406 a 1 shall not apply to a responsible plan',
'fiduciary, notwithstanding any failure by a covered service provider to disclose information required under clause iii , if the following',
'conditions are met: aa the responsible plan fiduciary did not know that the covered service provider failed or would fail',
'to make required disclosures and reasonably believed that the covered service provider disclosed the information required to be disclosed. bb',
'the responsible plan fiduciary, upon discovering that the covered service provider failed to disclose the required information, requests in writing',
'that the covered service provider furnish such information. cc note: deadline. notification. if the covered service provider fails to comply',
'with a written request described in subclause ii within 90 days of the request, the responsible plan fiduciary notifies the',
'secretary of the covered service providers failure, in accordance with subclauses ii and iii . ii a notice described in',
'subclause i cc shall contain aa the name of the covered plan; bb the plan number used for the annual',
'report on the covered plan; cc the plan sponsors name, address, and employer identification number; dd the name, address, and',
'telephone number of the responsible plan fiduciary; ee the name, address, phone number, and, if known, employer identification number of',
'the covered service provider; ff a description of the services provided to the covered plan; page 134 stat. 2899 gg',
'a description of the information that the covered service provider failed to disclose; hh the date on which such information',
'was requested in writing from the covered service provider; and ii a statement as to whether the covered service provider',
'continues to provide services to the plan. iii note: deadline. a notice described in subclause i cc shall be filed',
'with the department not later than 30 days following the earlier of aa the covered service providers refusal to furnish',
'the information requested by the written request described in subclause i bb ; or bb note: time period. 90 days',
'after the written request referred to in subclause i cc is made. iv note: deadline. determination. contracts. if the covered',
'service provider fails to comply with the written request under subclause i bb within 90 days of such request, the',
'responsible plan fiduciary shall determine whether to terminate or continue the contract or arrangement under section 404. if the requested',
'information relates to future services and is not disclosed promptly after the end of the 90 day period, the responsible',
'plan fiduciary shall terminate the contract or arrangement as expeditiously as possible, consistent with such duty of prudence. ix nothing',
'in this subparagraph shall be construed to supersede any provision of state law that governs disclosures by parties that provide',
'the services described in this section, except to the extent that such law prevents the application of a requirement of',
'this section.. b note: 29 usc 1108 note. applicability of existing regulations. nothing in the amendments made by subsection a',
'shall be construed to affect the applicability of section 2550.408b 2 of title 29, code of federal regulations or any',
'successor regulations , with respect to any applicable entity other than a covered plan or a covered service provider as',
'defined in section 408 b 2 b ii of the employee retirement income security act of 1974, as amended by',
'subsection a . c individual market coverage. subpart 1 of part b of title xxvii of the public health service',
'act 42 u.s.c. 300gg 41 et seq. is amended by adding at the end the following: sec. 2746. note: 42',
'usc 300gg 46. disclosure to enrollees of individual market coverage. a note: reports. 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 page 134',
'stat. 2900 2 included on any documentation confirming the individuals 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 note: deadline. rulemaking. not later than 1',
'year after the date of enactment of the consolidated appropriations act, 2021, 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.. d note: 29',
'usc 1108 note. transition rule. no contract executed prior to the effective date described in subsection e by a group',
'health plan subject to the requirements of section 408 b 2 b of the employee retirement income security act of',
'1974 as amended by subsection a or by a health insurance issuer subject to the requirements of section 2746 of',
'the public health service act as added by subsection c shall be subject to the requirements of such section 408',
'b 2 b or such section 2746, as applicable. e note: effective date. 29 usc 1108 note. application. the amendments',
'made by subsections a and c shall apply beginning 1 year after the date of enactment of this act. sec.',
'203. strengthening parity in mental health and substance use disorder benefits. a in general. 1 phsa. section 2726 a of',
'the public health service act 42 u.s.c. 300gg 26 a is amended by adding at the end the following: 8',
'compliance requirements. a note: analyses. effective date. nonquantitative treatment limitation nqtl requirements. in the case of a group health plan',
'or a health insurance issuer offering group or individual health insurance coverage that provides both medical and surgical benefits and',
'mental health or substance use disorder benefits and that imposes nonquantitative treatment limitations referred to in this section as nqtls',
'on mental health or substance use disorder benefits, such plan or issuer shall perform and document comparative analyses of the',
'design and application of nqtls and, beginning 45 days after the date of enactment of the consolidated appropriations act, 2021,',
'make available to the applicable state authority or, as applicable, to the secretary of labor or the secretary of health',
'and human services , upon request, the comparative analyses and the following information: i the specific plan or coverage terms',
'or other relevant terms regarding the nqtls and a description of all mental health or substance use disorder and medical',
'or surgical benefits to which each such term applies in each respective benefits classification. page 134 stat. 2901 ii the',
'factors used to determine that the nqtls will apply to mental health or substance use disorder benefits and medical or',
'surgical benefits. iii note: standards. the evidentiary standards used for the factors identified in clause ii , when applicable, provided',
'that every factor shall be defined, and any other source or evidence relied upon to design and apply the nqtls',
'to mental health or substance use disorder benefits and medical or surgical benefits. iv the comparative analyses demonstrating that the',
'processes, strategies, evidentiary standards, and other factors used to apply the nqtls to mental health or substance use disorder benefits,',
'as written and in operation, are comparable to, and are applied no more stringently than, the processes, strategies, evidentiary standards,',
'and other factors used to apply the nqtls to medical or surgical benefits in the benefits classification. v the specific',
'findings and conclusions reached by the group health plan or health insurance issuer with respect to the health insurance coverage,',
'including any results of the analyses described in this subparagraph that indicate that the plan or coverage is or is',
'not in compliance with this section. b secretary request process. i submission upon request. the secretary shall request that a',
'group health plan or a health insurance issuer offering group or individual health insurance coverage submit the comparative analyses described',
'in subparagraph a for plans that involve potential violations of this section or complaints regarding noncompliance with this section that',
'concern nqtls and any other instances in which the secretary determines appropriate. the secretary shall request not fewer than 20',
'such analyses per year. ii additional information. in instances in which the secretary has concluded that the group health plan',
'or health insurance issuer with respect to health insurance coverage has not submitted sufficient information for the secretary to review',
'the comparative analyses described in subparagraph a , as requested under clause i , the secretary shall specify to the',
'plan or issuer the information the plan or issuer must submit to be responsive to the request under clause i',
'for the secretary to review the comparative analyses described in subparagraph a for compliance with this section. nothing in this',
'paragraph shall require the secretary to conclude that a group health plan or health insurance issuer is in compliance with',
'this section solely based upon the inspection of the comparative analyses described in subparagraph a , as requested under clause',
'i . iii required action. i note: determinations. deadlines. in general. in instances in which the secretary has reviewed the',
'comparative analyses described in subparagraph a , as requested under clause i , and determined that the group health page',
'134 stat. 2902 plan or health insurance issuer is not in compliance with this section, the plan or issuer aa',
'shall specify to the secretary the actions the plan or issuer will take to be in compliance with this section',
'and provide to the secretary additional comparative analyses described in subparagraph a that demonstrate compliance with this section not later',
'than 45 days after the initial determination by the secretary that the plan or issuer is not in compliance; and',
'bb note: notification. following the 45 day corrective action period under item aa , if the secretary makes a final',
'determination that the plan or issuer still is not in compliance with this section, not later than 7 days after',
'such determination, shall notify all individuals enrolled in the plan or applicable health insurance coverage offered by the issuer that',
'the plan or issuer, with respect to such coverage, has been determined to be not in compliance with this section.',
'ii exemption from disclosure. documents or communications produced in connection with the secretarys recommendations to a group health plan or',
'health insurance issuer shall not be subject to disclosure pursuant to section 552 of title 5, united states code. iv',
'note: public information. report. not later than 1 year after the date of enactment of this paragraph, and not later',
'than october 1 of each year thereafter, the secretary shall submit to congress, and make publicly available, a report that',
'contains i note: summary. a summary of the comparative analyses requested under clause i , including the identity of each',
'group health plan or health insurance issuer, with respect to particular health insurance coverage that is determined to be not',
'in compliance after the final determination by the secretary described in clause iii i bb ; ii the secretarys conclusions',
'as to whether each group health plan or health insurance issuer submitted sufficient information for the secretary to review the',
'comparative analyses requested under clause i for compliance with this section; iii note: analyses. for each group health plan or',
'health insurance issuer that did submit sufficient information for the secretary to review the comparative analyses requested under clause i',
', the secretarys conclusions as to whether and why the plan or issuer is in compliance with the requirements under',
'this section; iv the secretarys specifications described in clause ii for each group health plan or health insurance issuer that',
'the secretary determined did not submit sufficient information for the secretary to review the comparative analyses page 134 stat. 2903',
'requested under clause i for compliance with this section; and v the secretarys specifications described in clause iii of the',
'actions each group health plan or health insurance issuer that the secretary determined is not in compliance with this section',
'must take to be in compliance with this section, including the reason why the secretary determined the plan or issuer',
'is not in compliance. c compliance program guidance document update process. i note: time period. in general. the secretary shall',
'include instances of noncompliance that the secretary discovers upon reviewing the comparative analyses requested under subparagraph b i in the',
'compliance program guidance document described in paragraph 6 , as it is updated every 2 years, except that such instances',
'shall not disclose any protected health information or individually identifiable information. ii note: deadline. guidance and regulations. not later than',
'18 months after the date of enactment of this paragraph, the secretary shall finalize any draft or interim guidance and',
'regulations relating to mental health parity under this section. such draft guidance shall include guidance to clarify the process and',
'timeline for current and potential participants and beneficiaries and authorized representatives and health care providers of such participants and beneficiaries',
'with respect to plans to file complaints of such plans or issuers being in violation of this section, including guidance,',
'by plan type, on the relevant state, regional, or national office with which such complaints should be filed. iii state.',
'the secretary shall share information on findings of compliance and noncompliance discovered upon reviewing the comparative analyses requested under subparagraph',
'b i shall be shared with the state where the group health plan is located or the state where the',
'health insurance issuer is licensed to do business for coverage offered by a health insurance issuer in the group market,',
'in accordance with paragraph 6 b iii ii .. 2 erisa. section 712 a of the employee retirement income security',
'act of 1974 29 u.s.c. 1185a a is amended by adding at the end the following: 6 compliance program guidance',
'document. a note: consultation. in general. the secretary, the secretary of health and human services, and the secretary of the',
'treasury, in consultation with the inspector general of the department of health and human services, the inspector general of the',
'department of labor, and the inspector general of the department of the treasury, shall issue a compliance program guidance document',
'to help improve compliance with this section, section 2726 of the public health service act, and section 9812 of the',
'internal revenue code of 1986, as applicable. in carrying out this paragraph, the secretaries may take into consideration page 134',
'stat. 2904 the 2016 publication of the department of health and human services and the department of labor, entitled warning',
'signs plan or policy non quantitative treatment limitations nqtls that require additional analysis to determine mental health parity compliance. b',
'examples illustrating compliance and noncompliance. i in general. the compliance program guidance document required under this paragraph shall provide illustrative,',
'de identified examples that do not disclose any protected health information or individually identifiable information of previous findings of compliance',
'and noncompliance with this section, section 2726 of the public health service act, or section 9812 of the internal revenue',
'code of 1986, as applicable, based on investigations of violations of such sections, including i examples illustrating requirements for information',
'disclosures and nonquantitative treatment limitations; and ii descriptions of the violations uncovered during the course of such investigations. ii nonquantitative',
'treatment limitations. to the extent that any example described in clause i involves a finding of compliance or noncompliance with',
'regard to any requirement for nonquantitative treatment limitations, the example shall provide sufficient detail to fully explain such finding, including',
'a full description of the criteria involved for approving medical and surgical benefits and the criteria involved for approving mental',
'health and substance use disorder benefits. iii note: contracts. access to additional information regarding compliance. in developing and issuing the',
'compliance program guidance document required under this paragraph, the secretaries specified in subparagraph a i shall enter into interagency agreements',
'with the inspector general of the department of health and human services, the inspector general of the department of labor,',
'and the inspector general of the department of the treasury to share findings of compliance and noncompliance with this section,',
'section 2726 of the public health service act, or section 9812 of the internal revenue code of 1986, as applicable;',
'and ii shall seek to enter into an agreement with a state to share information on findings of compliance and',
'noncompliance with this section, section 2726 of the public health service act, or section 9812 of the internal revenue code',
'of 1986, as applicable. c recommendations. the compliance program guidance document shall include recommendations to advance compliance with this section,',
'section 2726 of the public health service act, or section 9812 of the internal revenue code of 1986, as applicable,',
'and encourage the page 134 stat. 2905 development and use of internal controls to monitor adherence to applicable statutes, regulations,',
'and program requirements. such internal controls may include illustrative examples of nonquantitative treatment limitations on mental health and substance use',
'disorder benefits, which may fail to comply with this section, section 2726 of the public health service act, or section',
'9812 of the internal revenue code of 1986, as applicable, in relation to nonquantitative treatment limitations on medical and surgical',
'benefits. d note: consultation. time period. updating the compliance program guidance document. the secretary, the secretary of health and human',
'services, and the secretary of the treasury, in consultation with the inspector general of the department of health and human',
'services, the inspector general of the department of labor, and the inspector general of the department of the treasury, shall',
'update the compliance program guidance document every 2 years to include illustrative, de identified examples that do not disclose any',
'protected health information or individually identifiable information of previous findings of compliance and noncompliance with this section, section 2726 of',
'the public health service act, or section 9812 of the internal revenue code of 1986, as applicable. 7 additional guidance.',
'a in general. the secretary, the secretary of health and human services, and the secretary of the treasury shall issue',
'guidance to group health plans and health insurance issuers offering group health insurance coverage to assist such plans and issuers',
'in satisfying the requirements of this section, section 2726 of the public health service act, or section 9812 of the',
'internal revenue code of 1986, as applicable. b note: compliance. disclosure. i guidance for plans and issuers. the guidance issued',
'under this paragraph shall include clarifying information and illustrative examples of methods that group health plans and health insurance issuers',
'offering group or individual health insurance coverage may use for disclosing information to ensure compliance with the requirements under this',
'section, section 2726 of the public health service act, or section 9812 of the internal revenue code of 1986, as',
'applicable, and any regulations promulgated pursuant to such sections, as applicable . ii documents for participants, beneficiaries, contracting providers, or',
'authorized representatives. the guidance issued under this paragraph shall include clarifying information and illustrative examples of methods that group health',
'plans and health insurance issuers offering group health insurance coverage may use to provide any participant, beneficiary, contracting provider, or',
'authorized representative, as applicable, with documents containing information that the health plans or issuers are required to disclose to participants,',
'beneficiaries, contracting providers, or authorized representatives to page 134 stat. 2906 ensure compliance with this section, section 2726 of the',
'public health service act, or section 9812 of the internal revenue code of 1986, as applicable, compliance with any regulation',
'issued pursuant to such respective section, or compliance with any other applicable law or regulation. such guidance shall include information',
'that is comparative in nature with respect to i nonquantitative treatment limitations for both medical and surgical benefits and mental',
'health and substance use disorder benefits; ii the processes, strategies, evidentiary standards, and other factors used to apply the limitations',
'described in subclause i ; and iii the application of the limitations described in subclause i to ensure that such',
'limitations are applied in parity with respect to both medical and surgical benefits and mental health and substance use disorder',
'benefits. c nonquantitative treatment limitations. the guidance issued under this paragraph shall include clarifying information and illustrative examples of methods,',
'processes, strategies, evidentiary standards, and other factors that group health plans and health insurance issuers offering group health insurance coverage',
'may use regarding the development and application of nonquantitative treatment limitations to ensure compliance with this section, section 2726 of',
'the public health service act, or section 9812 of the internal revenue code of 1986, as applicable, and any regulations',
'promulgated pursuant to such respective section , including i examples of methods of determining appropriate types of nonquantitative treatment limitations',
'with respect to both medical and surgical benefits and mental health and substance use disorder benefits, including nonquantitative treatment limitations',
'pertaining to i medical management standards based on medical necessity or appropriateness, or whether a treatment is experimental or investigative;',
'ii limitations with respect to prescription drug formulary design; and iii use of fail first or step therapy protocols; ii',
'examples of methods of determining i network admission standards such as credentialing ; and ii factors used in provider reimbursement',
'methodologies such as service type, geographic market, demand for services, and provider supply, practice size, training, experience, and licensure as',
'such factors apply to network adequacy; iii examples of sources of information that may serve as evidentiary standards for the',
'purposes of making determinations regarding the development and application of nonquantitative treatment limitations; iv examples of specific factors, and the',
'evidentiary standards used to evaluate such factors, used page 134 stat. 2907 by such plans or issuers in performing a',
'nonquantitative treatment limitation analysis; v examples of how specific evidentiary standards may be used to determine whether treatments are considered',
'experimental or investigative; vi examples of how specific evidentiary standards may be applied to each service category or classification of',
'benefits; vii examples of methods of reaching appropriate coverage determinations for new mental health or substance use disorder treatments, such',
'as evidence based early intervention programs for individuals with a serious mental illness and types of medical management techniques; viii',
'examples of methods of reaching appropriate coverage determinations for which there is an indirect relationship between the covered mental health',
'or substance use disorder benefit and a traditional covered medical and surgical benefit, such as residential treatment or hospitalizations involving',
'voluntary or involuntary commitment; and ix additional illustrative examples of methods, processes, strategies, evidentiary standards, and other factors for which',
'the secretary determines that additional guidance is necessary to improve compliance with this section, section 2726 of the public health',
'service act, or section 9812 of the internal revenue code of 1986, as applicable. d note: time period. public comment.',
'prior to issuing any final guidance under this paragraph, the secretary shall provide a public comment period of not less',
'than 60 days during which any member of the public may provide comments on a draft of the guidance. 8',
'compliance requirements. a note: analyses. effective date. nonquantitative treatment limitation nqtl requirements. in the case of a group health plan',
'or a health insurance issuer offering group health insurance coverage that provides both medical and surgical benefits and mental health',
'or substance use disorder benefits and that imposes nonquantitative treatment limitations referred to in this section as nqtls on mental',
'health or substance use disorder benefits, such plan or issuer shall perform and document comparative analyses of the design and',
'application of nqtls and, beginning 45 days after the date of enactment of the consolidated appropriations act, 2021, make available',
'to the secretary, upon request, the comparative analyses and the following information: i the specific plan or coverage terms or',
'other relevant terms regarding the nqtls, that applies to such plan or coverage, and a description of all mental health',
'or substance use disorder and medical or surgical benefits to which each such term applies in each respective benefits classification.',
'ii the factors used to determine that the nqtls will apply to mental health or substance use disorder benefits and',
'medical or surgical benefits. page 134 stat. 2908 iii note: standards. the evidentiary standards used for the factors identified in',
'clause ii , when applicable, provided that every factor shall be defined, and any other source or evidence relied upon',
'to design and apply the nqtls to mental health or substance use disorder benefits and medical or surgical benefits. iv',
'the comparative analyses demonstrating that the processes, strategies, evidentiary standards, and other factors used to apply the nqtls to mental',
'health or substance use disorder benefits, as written and in operation, are comparable to, and are applied no more stringently',
'than, the processes, strategies, evidentiary standards, and other factors used to apply the nqtls to medical or surgical benefits in',
'the benefits classification. v the specific findings and conclusions reached by the group health plan or health insurance issuer with',
'respect to the health insurance coverage, including any results of the analyses described in this subparagraph that indicate that the',
'plan or coverage is or is not in compliance with this section. b secretary request process. i submission upon request.',
'the secretary shall request that a group health plan or a health insurance issuer offering group health insurance coverage submit',
'the comparative analyses described in subparagraph a for plans that involve potential violations of this section or complaints regarding noncompliance',
'with this section that concern nqtls and any other instances in which the secretary determines appropriate. the secretary shall request',
'not fewer than 20 such analyses per year. ii additional information. in instances in which the secretary has concluded that',
'the group health plan or health insurance issuer with respect to group health insurance coverage has not submitted sufficient information',
'for the secretary to review the comparative analyses described in subparagraph a , as requested under clause i , the',
'secretary shall specify to the plan or issuer the information the plan or issuer must submit to be responsive to',
'the request under clause i for the secretary to review the comparative analyses described in subparagraph a for compliance with',
'this section. nothing in this paragraph shall require the secretary to conclude that a group health plan or health insurance',
'issuer is in compliance with this section solely based upon the inspection of the comparative analyses described in subparagraph a',
', as requested under clause i . iii required action. i note: determinations. deadlines. in general. in instances in which',
'the secretary has reviewed the comparative analyses described in subparagraph a , as requested under clause i , and determined',
'that the group health plan or health insurance issuer is not in compliance with this section, the plan or issuer',
'page 134 stat. 2909 aa shall specify to the secretary the actions the plan or issuer will take to be',
'in compliance with this section and provide to the secretary additional comparative analyses described in subparagraph a that demonstrate compliance',
'with this section not later than 45 days after the initial determination by the secretary that the plan or issuer',
'is not in compliance; and bb note: notification. following the 45 day corrective action period under item aa , if',
'the secretary makes a final determination that the plan or issuer still is not in compliance with this section, not',
'later than 7 days after such determination, shall notify all individuals enrolled in the plan or applicable health insurance coverage',
'offered by the issuer that the plan or issuer, with respect to such coverage, has been determined to be not',
'in compliance with this section. ii exemption from disclosure. documents or communications produced in connection with the secretarys recommendations to',
'a group health plan or health insurance issuer shall not be subject to disclosure pursuant to section 552 of title',
'5, united states code. iv note: public information. report. not later than 1 year after the date of enactment of',
'this paragraph, and not later than october 1 of each year thereafter, the secretary shall submit to congress, and make',
'publicly available, a report that contains i note: summary. a summary of the comparative analyses requested under clause i ,',
'including the identity of each group health plan or health insurance issuer, with respect to certain health insurance coverage that',
'is determined to be not in compliance after the final determination by the secretary described in clause iii i bb',
'; ii the secretarys conclusions as to whether each group health plan or health insurance issuer submitted sufficient information for',
'the secretary to review the comparative analyses requested under clause i for compliance with this section; iii for each group',
'health plan or health insurance issuer that did submit sufficient information for the secretary to review the comparative analyses requested',
'under clause i , the secretarys conclusions as to whether and why the plan or issuer is in compliance with',
'the disclosure requirements under this section; iv the secretarys specifications described in clause ii for each group health plan or',
'health insurance issuer that the secretary determined did not submit sufficient information for the secretary to review the comparative analyses',
'requested under clause i for compliance with this section; and page 134 stat. 2910 v the secretarys specifications described in',
'clause iii of the actions each group health plan or health insurance issuer that the secretary determined is not in',
'compliance with this section must take to be in compliance with this section, including the reason why the secretary determined',
'the plan or issuer is not in compliance. c compliance program guidance document update process. i note: time period. in',
'general. the secretary shall include instances of noncompliance that the secretary discovers upon reviewing the comparative analyses requested under subparagraph',
'b i in the compliance program guidance document described in paragraph 6 , as it is updated every 2 years,',
'except that such instances shall not disclose any protected health information or individually identifiable information. ii note: deadline. guidance and',
'regulations. not later than 18 months after the date of enactment of this paragraph, the secretary shall finalize any draft',
'or interim guidance and regulations relating to mental health parity under this section. such draft guidance shall include guidance to',
'clarify the process and timeline for current and potential participants and beneficiaries and authorized representatives and health care providers of',
'such participants and beneficiaries with respect to plans to file complaints of such plans or issuers being in violation of',
'this section, including guidance, by plan type, on the relevant state, regional, or national office with which such complaints should',
'be filed. iii state. the secretary shall share information on findings of compliance and noncompliance discovered upon reviewing the comparative',
'analyses requested under subparagraph b i shall be shared with the state where the group health plan is located or',
'the state where the health insurance issuer is licensed to do business for coverage offered by a health insurance issuer',
'in the group market, in accordance with paragraph 6 b iii ii .. 3 irc. section 9812 a of the',
'internal revenue code of 1986 note: 26 usc 9812. is amended by adding at the end the following: 6 compliance',
'program guidance document. a note: consultation. in general. the secretary, the secretary of health and human services, and the secretary',
'of labor, in consultation with the inspector general of the department of health and human services, the inspector general of',
'the department of labor, and the inspector general of the department of the treasury, shall issue a compliance program guidance',
'document to help improve compliance with this section, section 2726 of the public health service act, and section 712 of',
'the employee retirement income security act of 1974, as applicable. in carrying out this paragraph, the secretaries may take into',
'consideration the 2016 publication of the department of health and human services and the department of labor, entitled page 134',
'stat. 2911 warning signs plan or policy non quantitative treatment limitations nqtls that require additional analysis to determine mental health',
'parity compliance. b examples illustrating compliance and noncompliance. i in general. the compliance program guidance document required under this paragraph',
'shall provide illustrative, de identified examples that do not disclose any protected health information or individually identifiable information of previous',
'findings of compliance and noncompliance with this section, section 2726 of the public health service act, or section 712 of',
'the employee retirement income security act of 1974, as applicable, based on investigations of violations of such sections, including i',
'examples illustrating requirements for information disclosures and nonquantitative treatment limitations; and ii descriptions of the violations uncovered during the course',
'of such investigations. ii nonquantitative treatment limitations. to the extent that any example described in clause i involves a finding',
'of compliance or noncompliance with regard to any requirement for nonquantitative treatment limitations, the example shall provide sufficient detail to',
'fully explain such finding, including a full description of the criteria involved for approving medical and surgical benefits and the',
'criteria involved for approving mental health and substance use disorder benefits. iii note: contracts. access to additional information regarding compliance.',
'in developing and issuing the compliance program guidance document required under this paragraph, the secretaries specified in subparagraph a i',
'shall enter into interagency agreements with the inspector general of the department of health and human services, the inspector general',
'of the department of labor, and the inspector general of the department of the treasury to share findings of compliance',
'and noncompliance with this section, section 2726 of the public health service act, or section 712 of the employee retirement',
'income security act of 1974, as applicable; and ii shall seek to enter into an agreement with a state to',
'share information on findings of compliance and noncompliance with this section, section 2726 of the public health service act, or',
'section 712 of the employee retirement income security act of 1974, as applicable. c recommendations. the compliance program guidance document',
'shall include recommendations to advance compliance with this section, section 2726 of the public health service act, or section 712',
'of the employee retirement income security act of 1974, as applicable, and encourage the development and use of internal controls',
'page 134 stat. 2912 to monitor adherence to applicable statutes, regulations, and program requirements. such internal controls may include illustrative',
'examples of nonquantitative treatment limitations on mental health and substance use disorder benefits, which may fail to comply with this',
'section, section 2726 of the public health service act, or section 712 of the employee retirement income security act of',
'1974, as applicable, in relation to nonquantitative treatment limitations on medical and surgical benefits. d note: consultation. time period. updating',
'the compliance program guidance document. the secretary, the secretary of health and human services, and the secretary of labor, in',
'consultation with the inspector general of the department of health and human services, the inspector general of the department of',
'labor, and the inspector general of the department of the treasury, shall update the compliance program guidance document every 2',
'years to include illustrative, de identified examples that do not disclose any protected health information or individually identifiable information of',
'previous findings of compliance and noncompliance with this section, section 2726 of the public health service act, or section 712',
'of the employee retirement income security act of 1974, as applicable. 7 additional guidance. a in general. the secretary, the',
'secretary of health and human services, and the secretary of labor shall issue guidance to group health plans to assist',
'such plans in satisfying the requirements of this section, section 2726 of the public health service act, or section 712',
'of the employee retirement income security act of 1974, as applicable. b note: compliance. disclosure. i guidance for plans. the',
'guidance issued under this paragraph shall include clarifying information and illustrative examples of methods that group health plans may use',
'for disclosing information to ensure compliance with the requirements under this section, section 2726 of the public health service act,',
'or section 712 of the employee retirement income security act of 1974, as applicable, and any regulations promulgated pursuant to',
'such sections, as applicable . ii documents for participants, beneficiaries, contracting providers, or authorized representatives. the guidance issued under this',
'paragraph shall include clarifying information and illustrative examples of methods that group health plans may use to provide any participant,',
'beneficiary, contracting provider, or authorized representative, as applicable, with documents containing information that the health plans are required to disclose',
'to participants, beneficiaries, contracting providers, or authorized representatives to ensure compliance with this section, section 2726 of the public health',
'service act, or section 712 of the employee retirement income security act of 1974, as applicable, compliance with any regulation',
'page 134 stat. 2913 issued pursuant to such respective section, or compliance with any other applicable law or regulation. such',
'guidance shall include information that is comparative in nature with respect to i nonquantitative treatment limitations for both medical and',
'surgical benefits and mental health and substance use disorder benefits; ii the processes, strategies, evidentiary standards, and other factors used',
'to apply the limitations described in subclause i ; and iii the application of the limitations described in subclause i',
'to ensure that such limitations are applied in parity with respect to both medical and surgical benefits and mental health',
'and substance use disorder benefits. c nonquantitative treatment limitations. the guidance issued under this paragraph shall include clarifying information and',
'illustrative examples of methods, processes, strategies, evidentiary standards, and other factors that group health plans may use regarding the development',
'and application of nonquantitative treatment limitations to ensure compliance with this section, section 2726 of the public health service act,',
'or section 712 of the employee retirement income security act of 1974, as applicable, and any regulations promulgated pursuant to',
'such respective section , including i examples of methods of determining appropriate types of nonquantitative treatment limitations with respect to',
'both medical and surgical benefits and mental health and substance use disorder benefits, including nonquantitative treatment limitations pertaining to i',
'medical management standards based on medical necessity or appropriateness, or whether a treatment is experimental or investigative; ii limitations with',
'respect to prescription drug formulary design; and iii use of fail first or step therapy protocols; ii examples of methods',
'of determining i network admission standards such as credentialing ; and ii factors used in provider reimbursement methodologies such as',
'service type, geographic market, demand for services, and provider supply, practice size, training, experience, and licensure as such factors apply',
'to network adequacy; iii examples of sources of information that may serve as evidentiary standards for the purposes of making',
'determinations regarding the development and application of nonquantitative treatment limitations; iv examples of specific factors, and the evidentiary standards used',
'to evaluate such factors, used by such plans in performing a nonquantitative treatment limitation analysis; v examples of how specific',
'evidentiary standards may be used to determine whether treatments are considered experimental or investigative; page 134 stat. 2914 vi examples',
'of how specific evidentiary standards may be applied to each service category or classification of benefits; vii examples of methods',
'of reaching appropriate coverage determinations for new mental health or substance use disorder treatments, such as evidence based early intervention',
'programs for individuals with a serious mental illness and types of medical management techniques; viii examples of methods of reaching',
'appropriate coverage determinations for which there is an indirect relationship between the covered mental health or substance use disorder benefit',
'and a traditional covered medical and surgical benefit, such as residential treatment or hospitalizations involving voluntary or involuntary commitment; and',
'ix note: determination. additional illustrative examples of methods, processes, strategies, evidentiary standards, and other factors for which the secretary determines',
'that additional guidance is necessary to improve compliance with this section, section 2726 of the public health service act, or',
'section 712 of the employee retirement income security act of 1974, as applicable. d note: time period. public comment. prior',
'to issuing any final guidance under this paragraph, the secretary shall provide a public comment period of not less than',
'60 days during which any member of the public may provide comments on a draft of the guidance. 8 compliance',
'requirements. a note: analyses. effective date. nonquantitative treatment limitation nqtl requirements. in the case of a group health plan that',
'provides both medical and surgical benefits and mental health or substance use disorder benefits and that imposes nonquantitative treatment limitations',
'referred to in this section as nqtls on mental health or substance use disorder benefits, such plan shall perform and',
'document comparative analyses of the design and application of nqtls and, beginning 45 days after the date of enactment of',
'the consolidated appropriations act, 2021, make available to the secretary, upon request, the comparative analyses and the following information: i',
'the specific plan terms or other relevant terms regarding the nqtls and a description of all mental health or substance',
'use disorder and medical or surgical benefits to which each such term applies in each respective benefits classification. ii the',
'factors used to determine that the nqtls will apply to mental health or substance use disorder benefits and medical or',
'surgical benefits. iii note: standards. the evidentiary standards used for the factors identified in clause ii , when applicable, provided',
'that every factor shall be defined, and any other source or evidence relied upon to design and apply the nqtls',
'to mental health or substance use disorder benefits and medical or surgical benefits. iv the comparative analyses demonstrating that the',
'processes, strategies, evidentiary standards, and page 134 stat. 2915 other factors used to apply the nqtls to mental health or',
'substance use disorder benefits, as written and in operation, are comparable to, and are applied no more stringently than, the',
'processes, strategies, evidentiary standards, and other factors used to apply the nqtls to medical or surgical benefits in the benefits',
'classification. v note: disclosure. a disclosure of the specific findings and conclusions reached by the group health plan, including any',
'results of the analyses described in this subparagraph that indicate that the plan is or is not in compliance with',
'this section. b secretary request process. i submission upon request. the secretary shall request that a group health plan submit',
'the comparative analyses described in subparagraph a for plans that involve potential violations of this section or complaints regarding noncompliance',
'with this section that concern nqtls and any other instances in which the secretary determines appropriate. the secretary shall request',
'not fewer than 20 such analyses per year. ii additional information. in instances in which the secretary has concluded that',
'the group health plan has not submitted sufficient information for the secretary to review the comparative analyses described in subparagraph',
'a , as requested under clause i , the secretary shall specify to the plan the information the plan must',
'submit to be responsive to the request under clause i for the secretary to review the comparative analyses described in',
'subparagraph a for compliance with this section. nothing in this paragraph shall require the secretary to conclude that a group',
'health plan is in compliance with this section solely based upon the inspection of the comparative analyses described in subparagraph',
'a , as requested under clause i . iii required action. i note: determinations. deadlines. in general. in instances in',
'which the secretary has reviewed the comparative analyses described in subparagraph a , as requested under clause i , and',
'determined that the group health plan is not in compliance with this section, the plan aa shall specify to the',
'secretary the actions the plan will take to be in compliance with this section and provide to the secretary additional',
'comparative analyses described in subparagraph a that demonstrate compliance with this section not later than 45 days after the initial',
'determination by the secretary that the plan is not in compliance; and bb note: notification. following the 45 day corrective',
'action period under item aa , if the secretary makes a final determination that the plan still is not in',
'compliance with this section, not later than 7 days after such determination, shall page 134 stat. 2916 notify all individuals',
'enrolled in the plan that the plan has been determined to be not in compliance with this section. ii exemption',
'from disclosure. documents or communications produced in connection with the secretarys recommendations to a group health plan shall not be',
'subject to disclosure pursuant to section 552 of title 5, united states code. iv note: public information. report. not later',
'than 1 year after the date of enactment of this paragraph, and not later than october 1 of each year',
'thereafter, the secretary shall submit to congress, and make publicly available, a report that contains i note: summary. a summary',
'of the comparative analyses requested under clause i , including the identity of each group plan that is determined to',
'be not in compliance after the final determination by the secretary described in clause iii i bb ; ii the',
'secretarys conclusions as to whether each group health plan submitted sufficient information for the secretary to review the comparative analyses',
'requested under clause i for compliance with this section; iii for each group health plan that did submit sufficient information',
'for the secretary to review the comparative analyses requested under clause i , the secretarys conclusions as to whether and',
'why the plan is in compliance with the disclosure requirements under this section; iv the secretarys specifications described in clause',
'ii for each group health plan that the secretary determined did not submit sufficient information for the secretary to review',
'the comparative analyses requested under clause i for compliance with this section; and v the secretarys specifications described in clause',
'iii of the actions each group health plan that the secretary determined is not in compliance with this section must',
'take to be in compliance with this section, including the reason why the secretary determined the plan is not in',
'compliance. c compliance program guidance document update process. i note: time period. in general. the secretary shall include instances of',
'noncompliance that the secretary discovers upon reviewing the comparative analyses requested under subparagraph b i in the compliance program guidance',
'document described in paragraph 6 , as it is updated every 2 years, except that such instances shall not disclose',
'any protected health information or individually identifiable information. ii note: deadline. guidance and regulations. not later than 18 months after',
'the date of enactment of this paragraph, the secretary shall finalize any draft or interim guidance and regulations relating to',
'mental health page 134 stat. 2917 parity under this section. such draft guidance shall include guidance to clarify the process',
'and timeline for current and potential participants and beneficiaries and authorized representatives and health care providers of such participants and',
'beneficiaries with respect to plans to file complaints of such plans being in violation of this section, including guidance, by',
'plan type, on the relevant state, regional, or national office with which such complaints should be filed. iii state. the',
'secretary shall share information on findings of compliance and noncompliance discovered upon reviewing the comparative analyses requested under subparagraph b',
'i shall be shared with the state where the group health plan is located, in accordance with paragraph 6 b',
'iii ii .. 4 medicaid and chip compliance. a medicaid managed care organizations. section 1932 b 8 of the social',
'security act 42 u.s.c. 1396u 2 b 8 is amended by adding at the end the following new sentence: in',
'applying the previous sentence with respect to requirements under paragraph 8 of section 2726 a of the public health service',
'act, a medicaid managed care organization or a prepaid inpatient health plan as defined by the secretary or prepaid ambulatory',
'health plan as defined by the secretary that offers services to enrollees of a medicaid managed care organization shall be',
'treated as in compliance with such requirements if the medicaid managed care organization or prepaid inpatient health plan or prepaid',
'ambulatory health plan is in compliance with subpart k of part 438 of title 42, code of federal regulations, and',
'section 438.3 n of such title, or any successor regulation.. b other benchmark benefit packages or benchmark equivalent coverage. section',
'1937 b 6 a of such act 42 u.s.c. 1396u 7 b 6 a is amended i by striking section',
'2705 a and inserting section 2726 a ; and ii by adding at the end the following new sentence: in',
'applying the previous sentence with respect to requirements under paragraph 8 of section 2726 a of the public health service',
'act, a benchmark benefit package or benchmark equivalent coverage described in such sentence shall be treated as in compliance with',
'such requirements if the state plan under this title or the benchmark benefit package or benefit equivalent coverage, as applicable,',
'is in compliance with subpart c of part 440 of title 42, code of federal regulations, or any successor regulation..',
'c state child health plans. section 2103 c 7 a of the social security act 42 u.s.c. 1397cc c 7',
'a is amended i by striking section 2705 a and inserting section 2726 a ; and ii by adding at',
'the end the following new sentence: in applying note: applicability. the previous sentence with respect to requirements under paragraph 8',
'of section 2726 a of the public health service act, a state child health page 134 stat. 2918 plan described',
'in such sentence shall be treated as in compliance with such requirements if the state child health plan is in',
'compliance with section 457.496 of title 42, code of federal regulations, or any successor regulation.. b note: 26 usc 9812',
'note. guidance. the secretary of health and human services, jointly with the secretary of labor and the secretary of the',
'treasury, shall issue guidance to carry out the amendments made by paragraphs 1 , 2 , and 3 of subsection',
'a . sec. 204. reporting on pharmacy benefits and drug costs. a phsa. part d of title xxvii of the',
'public health service act 42 u.s.c. 300gg et seq. , as amended by section 201, is further amended by adding',
'at the end the following: sec. 2799a 10. note: 42 usc 300gg 120. reporting on pharmacy benefits and drug costs.',
'a note: deadlines. in general. not later than 1 year after the date of enactment of the consolidated appropriations act,',
'2021, and not later than june 1 of each year thereafter, a group health plan or health insurance issuer offering',
'group or individual health insurance coverage except for a church plan shall submit to the secretary, the secretary of labor,',
'and the secretary of the treasury the following information with respect to the health plan or coverage in the previous',
'plan year: 1 the beginning and end dates of the plan year. 2 the number of enrollees. 3 each state',
'in which the plan or coverage is offered. 4 the 50 brand prescription drugs most frequently dispensed by pharmacies for',
'claims paid by the plan or coverage, and the total number of paid claims for each such drug. 5 the',
'50 most costly prescription drugs with respect to the plan or coverage by total annual spending, and the annual amount',
'spent by the plan or coverage for each such drug. 6 the 50 prescription drugs with the greatest increase in',
'plan expenditures over the plan year preceding the plan year that is the subject of the report, and, for each',
'such drug, the change in amounts expended by the plan or coverage in each such plan year. 7 total spending',
'on health care services by such group health plan or health insurance coverage, broken down by a the type of',
'costs, including i hospital costs; ii health care provider and clinical service costs, for primary care and specialty care separately;',
'iii costs for prescription drugs; and iv other medical costs, including wellness services; and b spending on prescription drugs by',
'i the health plan or coverage; and ii the enrollees. 8 the average monthly premium a paid by employers on',
'behalf of enrollees, as applicable; and b paid by enrollees. 9 any impact on premiums by rebates, fees, and any',
'other remuneration paid by drug manufacturers to the plan page 134 stat. 2919 or coverage or its administrators or service',
'providers, with respect to prescription drugs prescribed to enrollees in the plan or coverage, including a the amounts so paid',
'for each therapeutic class of drugs; and b the amounts so paid for each of the 25 drugs that yielded',
'the highest amount of rebates and other remuneration under the plan or coverage from drug manufacturers during the plan year.',
'10 any reduction in premiums and out of pocket costs associated with rebates, fees, or other remuneration described in paragraph',
'9 . b note: coordination. web posting. report. not later than 18 months after the date on which the first',
'report is required under subsection a and biannually thereafter, the secretary, acting through the assistant secretary of planning and evaluation',
'and in coordination with the inspector general of the department of health and human services, shall make available on the',
'internet website of the department of health and human services a report on prescription drug reimbursements under group health plans',
'and group and individual health insurance coverage, prescription drug pricing trends, and the role of prescription drug costs in contributing',
'to premium increases or decreases under such plans or coverage, aggregated in such a way as no drug or plan',
'specific information will be made public. c privacy protections. no confidential or trade secret information submitted to the secretary under',
'subsection a shall be included in the report under subsection b .. b erisa. subpart b of part 7 of',
'subtitle b of title i of the employee retirement income security act of 1974 29 u.s.c. 1185 et seq. ,',
'as amended by section 201, is further amended by adding at the end the following: sec. 725. note: 29 usc',
'1185n. reporting on pharmacy benefits and drug costs. a note: deadlines. in general. not later than 1 year after the',
'date of enactment of the consolidated appropriations act, 2021, and not later than june 1 of each year thereafter, a',
'group health plan or health insurance coverage offered in connection with such a plan shall submit to the secretary, the',
'secretary of health and human services, and the secretary of the treasury the following information with respect to the health',
'plan or coverage in the previous plan year: 1 the beginning and end dates of the plan year. 2 the',
'number of participants and beneficiaries. 3 each state in which the plan or coverage is offered. 4 the 50 brand',
'prescription drugs most frequently dispensed by pharmacies for claims paid by the plan or coverage, and the total number of',
'paid claims for each such drug. 5 the 50 most costly prescription drugs with respect to the plan or coverage',
'by total annual spending, and the annual amount spent by the plan or coverage for each such drug. 6 the',
'50 prescription drugs with the greatest increase in plan expenditures over the plan year preceding the plan year that is',
'the subject of the report, and, for each such drug, the change in amounts expended by the plan or coverage',
'in each such plan year. page 134 stat. 2920 7 total spending on health care services by such group health',
'plan or health insurance coverage, broken down by a the type of costs, including i hospital costs; ii health care',
'provider and clinical service costs, for primary care and specialty care separately; iii costs for prescription drugs; and iv other',
'medical costs, including wellness services; and b spending on prescription drugs by i the health plan or coverage; and ii',
'the participants and beneficiaries. 8 the average monthly premium a paid by employers on behalf of participants and beneficiaries, as',
'applicable; and b paid by participants and beneficiaries. 9 any impact on premiums by rebates, fees, and any other remuneration',
'paid by drug manufacturers to the plan or coverage or its administrators or service providers, with respect to prescription drugs',
'prescribed to participants or beneficiaries in the plan or coverage, including a the amounts so paid for each therapeutic class',
'of drugs; and b the amounts so paid for each of the 25 drugs that yielded the highest amount of',
'rebates and other remuneration under the plan or coverage from drug manufacturers during the plan year. 10 any reduction in',
'premiums and out of pocket costs associated with rebates, fees, or other remuneration described in paragraph 9 . b note:',
'coordination. web posting. report. not later than 18 months after the date on which the first report is required under',
'subsection a and biannually thereafter, the secretary, acting in coordination with the inspector general of the department of labor, shall',
'make available on the internet website of the department of labor a report on prescription drug reimbursements under group health',
'plans or health insurance coverage offered in connection with such a plan , prescription drug pricing trends, and the role',
'of prescription drug costs in contributing to premium increases or decreases under such plans or coverage, aggregated in such a',
'way as no drug or plan specific information will be made public. c privacy protections. no confidential or trade secret',
'information submitted to the secretary under subsection a shall be included in the report under subsection b .. c irc.',
'subchapter b of chapter 100 of the internal revenue code of 1986, as amended by section 201, is further amended',
'by adding at the end the following: sec. 9825. note: 26 usc 9825. reporting on pharmacy benefits and drug costs.',
'a note: deadlines. in general. not later than 1 year after the date of enactment of the consolidated appropriations act,',
'2021, and not later than june 1 of each year thereafter, a group health plan shall submit to the secretary,',
'the secretary of health and human services, and the secretary of labor the following information with respect to the health',
'plan in the previous plan year: 1 the beginning and end dates of the plan year. 2 the number of',
'participants and beneficiaries. page 134 stat. 2921 3 each state in which the plan is offered. 4 the 50 brand',
'prescription drugs most frequently dispensed by pharmacies for claims paid by the plan, and the total number of paid claims',
'for each such drug. 5 the 50 most costly prescription drugs with respect to the plan by total annual spending,',
'and the annual amount spent by the plan for each such drug. 6 the 50 prescription drugs with the greatest',
'increase in plan expenditures over the plan year preceding the plan year that is the subject of the report, and,',
'for each such drug, the change in amounts expended by the plan in each such plan year. 7 total spending',
'on health care services by such group health plan, broken down by a the type of costs, including i hospital',
'costs; ii health care provider and clinical service costs, for primary care and specialty care separately; iii costs for prescription',
'drugs; and iv other medical costs, including wellness services; and b spending on prescription drugs by i the health plan;',
'and ii the participants and beneficiaries. 8 the average monthly premium a paid by employers on behalf of participants and',
'beneficiaries, as applicable; and b paid by participants and beneficiaries. 9 any impact on premiums by rebates, fees, and any',
'other remuneration paid by drug manufacturers to the plan or its administrators or service providers, with respect to prescription drugs',
'prescribed to participants or beneficiaries in the plan, including a the amounts so paid for each therapeutic class of drugs;',
'and b the amounts so paid for each of the 25 drugs that yielded the highest amount of rebates and',
'other remuneration under the plan from drug manufacturers during the plan year. 10 any reduction in premiums and out of',
'pocket costs associated with rebates, fees, or other remuneration described in paragraph 9 . b note: coordination. web posting. report.',
'not later than 18 months after the date on which the first report is required under subsection a and biannually',
'thereafter, the secretary, acting in coordination with the inspector general of the department of the treasury, shall make available on',
'the internet website of the department of the treasury a report on prescription drug reimbursements under group health plans, prescription',
'drug pricing trends, and the role of prescription drug costs in contributing to premium increases or decreases under such plans,',
'aggregated in such a way as no drug or plan specific information will be made public. c privacy protections. no',
'confidential or trade secret information submitted to the secretary under subsection a shall be included in the report under subsection',
'b .. d clerical amendments. page 134 stat. 2922 1 erisa. the table of contents in section 1 of the',
'employee retirement income security act of 1974 29 u.s.c. 1001 et seq. , as amended by section 201, is further',
'amended by inserting after the item relating to section 724 the following new item: sec. 725. reporting on pharmacy benefits',
'and drug costs.. 2 irc. the table of sections for subchapter b of chapter 100 of the internal revenue code',
'of 1986, as amended by section 201, note: 26 usc 9811 prec. is further amended by adding at the end',
'the following new item: sec. 9825. reporting on pharmacy benefits and drug costs.. title iii public health provisions subtitle a',
'extenders provisions sec. 301. extension for community health centers, the national health service corps, and teaching health centers that operate',
'gme programs. a community health centers. section 10503 b 1 f of the patient protection and affordable care act 42',
'u.s.c. 254b 2 b 1 f is amended by striking , $4,000,000,000 for fiscal year 2019, $4,000,000,000 for fiscal year',
'2020, and $865,753,425 for the period beginning on october 1, 2020, and ending on december 18, 2020 and inserting and',
'$4,000,000,000 for each of fiscal years 2019 through 2023. b national health service corps. section 10503 b 2 h of',
'the patient protection and affordable care act 42 u.s.c. 254b 2 b 2 h is amended by striking $67,095,890 for',
'the period beginning on october 1, 2020, and ending on december 18, 2020 and inserting $310,000,000 for each of fiscal',
'years 2021 through 2023. c teaching health centers that operate graduate medical education programs. section 340h g 1 of the',
'public health service act 42 u.s.c. 256h g 1 is amended 1 by inserting and after 2017,; and 2 by',
'striking fiscal year 2020, and $27,379,452 for the period beginning on october 1, 2020, and ending on december 18, 2020',
'and inserting 2023. d application of provisions. amounts appropriated pursuant to the amendments made by this section for fiscal years',
'2021 through 2023 shall be subject to the requirements contained in public law 116 94 for funds for programs authorized',
'under sections 330 through 340 of the public health service act. e conforming amendments. paragraph 4 of section 3014 h',
'of title 18, united states code, as amended by section 1201 e of the further continuing appropriations act, 2021, and',
'other extensions act, is amended by striking and section 1201 d of the further continuing appropriations act, 2021, and other',
'extensions act and inserting , section 1201 d of the further continuing appropriations act, 2021, and other extensions act, page',
'134 stat. 2923 and section 301 d of division bb of the consolidated appropriations act, 2021.. sec. 302. diabetes programs.',
'a type i. section 330b b 2 d of the public health service act 42 u.s.c. 254c 2 b 2',
'd is amended by striking 2020, and $32,465,753 for the period beginning on october 1, 2020, and ending on december',
'18, 2020 and inserting 2023. b indians. section 330c c 2 d of the public health service act 42 u.s.c.',
'254c 3 c 2 d is amended by striking 2020, and $32,465,753 for the period beginning on october 1, 2020,',
'and ending on december 18, 2020 and inserting 2023. subtitle b strengthening public health sec. 311. improving awareness of disease',
'prevention. a note: repeal. in general. the public health service act is amended by striking section 313 of such act',
'42 u.s.c. 245 and inserting the following: sec. 313. note: 42 usc 245. public awareness campaign on the importance of',
'vaccinations. a note: coordination. grants. contracts. in general. the secretary, acting through the director of the centers for disease control',
'and prevention and in coordination with other offices and agencies, as appropriate, shall award competitive grants or contracts to one',
'or more public or private entities to carry out a national, evidence based campaign to increase awareness and knowledge of',
'the safety and effectiveness of vaccines for the prevention and control of diseases, combat misinformation about vaccines, and disseminate scientific',
'and evidence based vaccine related information, with the goal of increasing rates of vaccination across all ages, as applicable, particularly',
'in communities with low rates of vaccination, to reduce and eliminate vaccine preventable diseases. b consultation. in carrying out the',
'campaign under this section, the secretary shall consult with appropriate public health and medical experts, including the national academy of',
'medicine and medical and public health associations and nonprofit organizations, in the development, implementation, and evaluation of the evidence based',
'public awareness campaign. c requirements. the campaign under this section shall 1 be a nationwide, evidence based media and public',
'engagement initiative; 2 include the development of resources for communities with low rates of vaccination, including culturally and linguistically appropriate',
'resources, as applicable; 3 include the dissemination of vaccine information and communication resources to public health departments, health care providers,',
'and health care facilities, including such providers and facilities that provide prenatal and pediatric care; 4 be complementary to, and',
'coordinated with, any other federal, state, local, or tribal efforts, as appropriate; and 5 note: assessment. assess the effectiveness of',
'communication strategies to increase rates of vaccination. d additional activities. the campaign under this section may page 134 stat. 2924',
'1 include the use of television, radio, the internet, and other media and telecommunications technologies; 2 include the use of',
'in person activities; 3 be focused to address specific needs of communities and populations with low rates of vaccination; and',
'4 include the dissemination of scientific and evidence based vaccine related information, such as a advancements in evidence based research',
'related to diseases that may be prevented by vaccines and vaccine development; b information on vaccinations for individuals and communities,',
'including individuals for whom vaccines are not recommended by the advisory committee for immunization practices, and the effects of low',
'vaccination rates within a community on such individuals; c information on diseases that may be prevented by vaccines; and d',
'information on vaccine safety and the systems in place to monitor vaccine safety. e evaluation. the secretary shall 1 establish',
'benchmarks and metrics to quantitatively measure and evaluate the awareness campaign under this section; 2 note: assessments. conduct qualitative assessments',
'regarding the awareness campaign under this section; and 3 prepare and submit to the committee on health, education, labor, and',
'pensions of the senate and committee on energy and commerce of the house of representatives an evaluation of the awareness',
'campaign under this section. f supplement not supplant. funds appropriated under this section shall be used to supplement and not',
'supplant other federal, state, and local public funds provided for activities described in this section. g authorization of appropriations. there',
'are authorized to be appropriated to carry out this section and subsections k and n of section 317, $15,000,000 for',
'each of fiscal years 2021 through 2025.. b grants to address vaccine preventable diseases. section 317 of the public health',
'service act 42 u.s.c. 247b is amended 1 in subsection k 1 a in subparagraph c , by striking ;',
'and and inserting a semicolon; b in subparagraph d , by striking the period and inserting a semicolon; and c',
'by adding at the end the following: e planning, implementation, and evaluation of activities to address vaccine preventable diseases, including',
'activities to i identify communities at high risk of outbreaks related to vaccine preventable diseases, including through improved data collection',
'and analysis; ii pilot innovative approaches to improve vaccination rates in communities and among populations with low rates of vaccination;',
'page 134 stat. 2925 iii reduce barriers to accessing vaccines and evidence based information about the health effects of vaccines;',
'iv partner with community organizations and health care providers to develop and deliver evidence based interventions, including culturally and linguistically',
'appropriate interventions, to increase vaccination rates; v improve delivery of evidence based vaccine related information to parents and others; and',
'vi improve the ability of state, local, tribal, and territorial public health departments to engage communities at high risk for',
'outbreaks related to vaccine preventable diseases, including, as appropriate, with local educational agencies, as defined in section 8101 of the',
'elementary and secondary education act of 1965; and f research related to strategies for improving awareness of scientific and evidence',
'based vaccine related information, including for communities with low rates of vaccination, in order to understand barriers to vaccination, improve',
'vaccination rates, and assess the public health outcomes of such strategies. ; and 2 by adding at the end the',
'following: n note: analysis. assessments. vaccination data. the secretary, acting through the director of the centers for disease control and',
'prevention, shall expand and enhance, and, as appropriate, establish and improve, programs and conduct activities to collect, monitor, and analyze',
'vaccination coverage data to assess levels of protection from vaccine preventable diseases, including by assessing factors contributing to underutilization of',
'vaccines and variations of such factors, and identifying communities at high risk of outbreaks associated with vaccine preventable diseases.. c',
'supplemental grant funds. section 330 d 1 of the public health service act 42 u.s.c. 254b is amended 1 in',
'subparagraph f , by striking and at the end; 2 in subparagraph g , by striking the period and inserting',
'; and; and 3 by adding at the end the following: h improving access to recommended immunizations.. d update of',
'2015 nvac report. the national vaccine advisory committee established under section 2105 of the public health service act 42 u.s.c.',
'300aa 5 shall, as appropriate, update the report entitled, assessing the state of vaccine confidence in the united states: recommendations',
'from the national vaccine advisory committee, approved by the national vaccine advisory committee on june 10, 2015, with respect to',
'factors affecting childhood vaccination. sec. 312. note: 42 usc 280h 3 note. guide on evidence based strategies for public health',
'department obesity prevention pro grams. a note: deadline. development and dissemination of an evidence based strategies guide. the secretary of',
'health and human services referred to in this section as the secretary , acting through the director of the centers',
'for disease control and prevention, not later than 2 years after the date of enactment of this act, may page',
'134 stat. 2926 1 note: consultation. native americans. develop a guide on evidence based strategies for state, territorial, and local',
'health departments to use to build and maintain effective obesity prevention and reduction programs, and, in consultation with indian tribes,',
'tribal organizations, and urban indian organizations, a guide on such evidence based strategies with respect to indian tribes and tribal',
'organizations for such indian tribes and tribal organizations to use for such purpose, both of which guides shall a describe',
'an integrated program structure for implementing interventions proven to be effective in preventing and reducing the incidence of obesity; and',
'b note: recommenda tions. recommend i optimal resources, including staffing and infrastructure, for promoting nutrition and obesity prevention and reduction;',
'and ii strategies for effective obesity prevention programs for state, territorial, and local health departments, indian tribes, and tribal organizations,',
'including strategies related to i the application of evidence based and evidence informed practices to prevent and reduce obesity rates;',
'ii the development, implementation, and evaluation of obesity prevention and reduction strategies for specific communities and populations; iii demonstrated knowledge',
'of obesity prevention practices that reduce associated preventable diseases, health conditions, death, and health care costs; iv best practices for',
'the coordination of efforts to prevent and reduce obesity and related chronic diseases; v addressing the underlying risk factors and',
'social determinants of health that impact obesity rates; and vi interdisciplinary coordination between relevant public health officials specializing in fields',
'such as nutrition, physical activity, epidemiology, communications, and policy implementation, and collaboration between public health officials, community based organizations, and',
'others, as appropriate; and 2 disseminate the guides and current research, evidence based practices, tools, and educational materials related to',
'obesity prevention, consistent with the guides, to state, territorial, and local health departments, indian tribes, and tribal organizations. b technical',
'assistance. the secretary, acting through the director of the centers for disease control and prevention, shall provide technical assistance to',
'state, territorial, and local health departments, indian tribes, and tribal organizations to support such health departments in implementing the guide',
'developed under subsection a 1 . c note: definitions. indian tribes; tribal organizations; urban indian organizations. in this section page',
'134 stat. 2927 1 the terms indian tribe and tribal organization have the meanings given the terms indian tribe and',
'tribal organization, respectively, in section 4 of the indian self determination and education assistance act 25 u.s.c. 5304 ; and',
'2 the term urban indian organization has the meaning given such term in section 4 of the indian health care',
'improvement act 25 u.s.c. 1603 . sec. 313. expanding capacity for health outcomes. title iii of the public health service',
'act is amended by inserting after section 330m 42 u.s.c. 254c 19 the following: sec. 330n. note: 42 usc 254c',
'20. expanding capacity for health outcomes. a definitions. in this section: 1 eligible entity. the term eligible entity means an',
'entity that provides, or supports the provision of, health care services in rural areas, frontier areas, health professional shortage areas,',
'or medically underserved areas, or to medically underserved populations or native americans, including indian tribes, tribal organizations, and urban indian',
'organizations, and which may include entities leading, or capable of leading, a technology enabled collaborative learning and capacity building model',
'or engaging in technology enabled collaborative training of participants in such model. 2 health professional shortage area. the term health',
'professional shortage area means a health professional shortage area designated under section 332. 3 indian tribe. the terms indian tribe',
'and tribal organization have the meanings given the terms indian tribe and tribal organization in section 4 of the indian',
'self determination and education assistance act. 4 medically underserved population. the term medically underserved population has the meaning given the',
'term in section 330 b 3 . 5 native americans. the term native americans has the meaning given the term',
'in section 736 and includes indian tribes and tribal organizations. 6 technology enabled collaborative learning and capacity building model. the',
'term technology enabled collaborative learning and capacity building model means a distance health education model that connects health care professionals,',
'and particularly specialists, with multiple other health care professionals through simultaneous interactive videoconferencing for the purpose of facilitating case based',
'learning, disseminating best practices, and evaluating outcomes. 7 urban indian organization. the term urban indian organization has the meaning given',
'the term in section 4 of the indian health care improvement act. b note: grants. evaluation. program established. the secretary',
'shall, as appropriate, award grants to evaluate, develop, and, as appropriate, expand the use of technology enabled collaborative learning and',
'capacity building models, to improve retention of health care providers and increase access to health care services, such as those',
'to address chronic diseases and conditions, infectious diseases, mental health, substance use disorders, prenatal and maternal health, pediatric care, pain',
'management, palliative care, and other specialty care in rural areas, frontier areas, health professional page 134 stat. 2928 shortage areas,',
'or medically underserved areas and for medically underserved populations or native americans. c use of funds. 1 in general. grants',
'awarded under subsection b shall be used for a the development and acquisition of instructional programming, and the training of',
'health care providers and other professionals that provide or assist in the provision of services through models described in subsection',
'b , such as training on best practices for data collection and leading or participating in such technology enabled activities',
'consistent with technology enabled collaborative learning and capacity building models; b information collection and evaluation activities to study the impact',
'of such models on patient outcomes and health care providers, and to identify best practices for the expansion and use',
'of such models; or c other activities consistent with achieving the objectives of the grants awarded under this section, as',
'determined by the secretary. 2 other uses. in addition to any of the uses under paragraph 1 , grants awarded',
'under subsection b may be used for a equipment to support the use and expansion of technology enabled collaborative learning',
'and capacity building models, including for hardware and software that enables distance learning, health care provider support, and the secure',
'exchange of electronic health information; or b support for health care providers and other professionals that provide or assist in',
'the provision of services through such models. d length of grants. grants awarded under subsection b shall be for a',
'period of up to 5 years. e grant requirements. the secretary may require entities awarded a grant under this section',
'to collect information on the effect of the use of technology enabled collaborative learning and capacity building models, such as',
'on health outcomes, access to health care services, quality of care, and provider retention in areas and populations described in',
'subsection b . note: contracts. coordination. assessment. the secretary may award a grant or contract to assist in the coordination',
'of such models, including to assess outcomes associated with the use of such models in grants awarded under subsection b',
', including for the purpose described in subsection c 1 b . f application. an eligible entity that seeks to',
'receive a grant under subsection b shall submit to the secretary an application, at such time, in such manner, and',
'containing such information as the secretary may require. note: assessment. such application shall include plans to assess the effect of',
'technology enabled collaborative learning and capacity building models on patient outcomes and health care providers. g note: coordination. access to',
'broadband. in administering grants under this section, the secretary may coordinate with other agencies to ensure that funding opportunities are',
'available to support access to reliable, high speed internet for grantees. h note: contracts. technical assistance. the secretary shall provide',
'either directly through the department of health and human page 134 stat. 2929 services or by contract technical assistance to',
'eligible entities, including recipients of grants under subsection b , on the development, use, and evaluation of technology enabled collaborative',
'learning and capacity building models in order to expand access to health care services provided by such entities, including for',
'medically underserved areas and to medically underserved populations or native americans. i note: consultation. strategic plan. research and evaluation. the',
'secretary, in consultation with stakeholders with appropriate expertise in such models, shall develop a strategic plan to research and evaluate',
'the evidence for such models. the secretary shall use such plan to inform the activities carried out under this section.',
'j note: web posting. report by secretary. not later than 4 years after the date of enactment of this section,',
'the secretary shall prepare and submit to the committee on health, education, labor, and pensions of the senate and the',
'committee on energy and commerce of the house of representatives, and post on the internet website of the department of',
'health and human services, a report including, at minimum 1 a description of any new and continuing grants awarded to',
'entities under subsection b and the specific purpose and amounts of such grants; 2 an overview of a the evaluations',
'conducted under subsections b ; b technical assistance provided under subsection h ; and c activities conducted by entities awarded',
'grants under subsection b ; and 3 a description of any significant findings or developments related to patient outcomes or',
'health care providers and best practices for eligible entities expanding, using, or evaluating technology enabled collaborative learning and capacity building',
'models, including through the activities described in subsection h . k authorization of appropriations. there are authorized to be appropriated',
'to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.. sec. 314. public health data system',
'modernization. subtitle c of title xxviii of the public health service act 42 u.s.c. 300hh 31 et seq. is amended',
'by adding at the end the following: sec. 2823. note: 42 usc 300hh 33. public health data system modernization. a',
'expanding cdc and public health department capabilities. 1 in general. the secretary, acting through the director of the centers for',
'disease control and prevention, shall a conduct activities to expand, modernize, improve, and sustain applicable public health data systems used',
'by the centers for disease control and prevention, including with respect to the interoperability and improvement of such systems including',
'as it relates to preparedness for, prevention and detection of, and response to public health emergencies ; and b note:',
'grants. contracts. award grants or cooperative agreements to state, local, tribal, or territorial public health departments for page 134 stat.',
'2930 the expansion and modernization of public health data systems, to assist public health departments and public health laboratories in',
'i note: assessments. assessing current data infrastructure capabilities and gaps to i improve and increase consistency in data collection, storage,',
'and analysis; and ii as appropriate, improve dissemination of public health related information; ii improving secure public health data collection,',
'transmission, exchange, maintenance, and analysis, including with respect to demographic data, as appropriate; iii improving the secure exchange of data',
'between the centers for disease control and prevention, state, local, tribal, and territorial public health departments, public health laboratories, public',
'health organizations, and health care providers, including by public health officials in multiple jurisdictions within such state, as appropriate, and',
'by simplifying and supporting reporting by health care providers, as applicable, pursuant to state law, including through the use of',
'health information technology; iv enhancing the interoperability of public health data systems including systems created or accessed by public health',
'departments with health information technology, including with health information technology certified under section 3001 c 5 ; v supporting and',
'training data systems, data science, and informatics personnel; vi supporting earlier disease and health condition detection, such as through near',
'real time data monitoring, to support rapid public health responses; vii supporting activities within the applicable jurisdiction related to the',
'expansion and modernization of electronic case reporting; and viii developing and disseminating information related to the use and importance of',
'public health data. 2 note: consultation. data standards. in carrying out paragraph 1 , the secretary, acting through the director',
'of the centers for disease control and prevention, shall, as appropriate and in consultation with the office of the national',
'coordinator for health information technology, designate data and technology standards including standards for interoperability for public health data systems, with',
'deference given to standards published by consensus based standards development organizations with public input and voluntary consensus based standards bodies.',
'3 public private partnerships. the secretary may develop and utilize public private partnerships for technical assistance, training, and related implementation',
'support for state, local, tribal, and territorial public health departments, and the centers for disease control and prevention, on the',
'expansion and modernization of electronic case reporting and public health data systems, as applicable. b requirements. page 134 stat. 2931',
'1 health information technology standards. the secretary may not award a grant or cooperative agreement under subsection a 1 b',
'unless the applicant uses or agrees to use standards endorsed by the national coordinator for health information technology pursuant to',
'section 3001 c 1 or adopted by the secretary under section 3004. 2 note: determination. waiver. the secretary may waive',
'the requirement under paragraph 1 with respect to an applicant if the secretary determines that the activities under subsection a',
'1 b cannot otherwise be carried out within the applicable jurisdiction. 3 application. a state, local, tribal, or territorial health',
'department applying for a grant or cooperative agreement under this section shall submit an application to the secretary at such',
'time and in such manner as the secretary may require. such application shall include information describing a the activities that',
'will be supported by the grant or cooperative agreement; and b how the modernization of the public health data systems',
'involved will support or impact the public health infrastructure of the health department, including a description of remaining gaps, if',
'any, and the actions needed to address such gaps. c note: deadline. strategy and implementation plan. not later than 180',
'days after the date of enactment of this section, the secretary, acting through the director of the centers for disease',
'control and prevention, shall submit to the committee on health, education, labor, and pensions of the senate and the committee',
'on energy and commerce of the house of representatives a coordinated strategy and an accompanying implementation plan that identifies and',
'demonstrates the measures the secretary will utilize to 1 update and improve applicable public health data systems used by the',
'centers for disease control and prevention; and 2 carry out the activities described in this section to support the improvement',
'of state, local, tribal, and territorial public health data systems. d consultation. the secretary, acting through the director of the',
'centers for disease control and prevention, shall consult with state, local, tribal, and territorial health departments, professional medical and public',
'health associations, associations representing hospitals or other health care entities, health information technology experts, and other appropriate public or private',
'entities regarding the plan and grant program to modernize public health data systems pursuant to this section. activities under this',
'subsection may include the provision of technical assistance and training related to the exchange of information by such public health',
'data systems used by relevant health care and public health entities at the local, state, federal, tribal, and territorial levels,',
'and the development and utilization of public private partnerships for implementation support applicable to this section. e report to congress.',
'not later than 1 year after the date of enactment of this section, the secretary shall submit a report to',
'the committee on health, education, labor, and pensions page 134 stat. 2932 of the senate and the committee on energy',
'and commerce of the house of representatives that includes 1 a description of any barriers to a public health authorities',
'implementing interoperable public health data systems and electronic case reporting; b the exchange of information pursuant to electronic case reporting;',
'c reporting by health care providers using such public health data systems, as appropriate, and pursuant to state law; or',
'd improving demographic data collection or analysis; 2 note: assessment. an assessment of the potential public health impact of implementing',
'electronic case reporting and interoperable public health data systems; and 3 a description of the activities carried out pursuant to',
'this section. f note: definition. electronic case reporting. in this section, the term electronic case reporting means the automated identification,',
'generation, and bilateral exchange of reports of health events among electronic health record or health information technology systems and public',
'health authorities. g authorization of appropriations. to carry out this section, there are authorized to be appropriated $100,000,000 for each',
'of fiscal years 2021 through 2025.. sec. 315. native american suicide prevention. section 520e b of the public health service',
'act 42 u.s.c. 290bb 36 b is amended by inserting after paragraph 3 the following: 4 consultation. an entity described',
'in paragraph 1 a or 1 b that applies for a grant or cooperative agreement under this section shall agree',
'to consult or confer with entities described in paragraph 1 c and native hawaiian health care systems, as applicable, in',
'the applicable state with respect to the development and implementation of a statewide early intervention strategy.. sec. 316. reauthorization of',
'the young womens breast health education and awareness requires learning young act of 2009. section 399nn h of the public',
'health service act 42 u.s.c. 280m h is amended by striking $4,900,000 for each of fiscal years 2015 through 2019',
'and inserting $9,000,000 for each of fiscal years 2022 through 2026. sec. 317. reauthorization of school based health centers. section',
'399z 1 l of the public health service act 42 u.s.c. 280h 5 l is amended by striking 2010 through',
'2014 and inserting 2022 through 2026. subtitle c fda amendments sec. 321. rare pediatric disease priority review voucher extension. section',
'529 b 5 of the federal food, drug, and cosmetic act 21 u.s.c. 360ff b 5 is amended page 134',
'stat. 2933 1 by striking december 18, 2020 each place it appears and inserting september 30, 2024; and 2 in',
'subparagraph b , by striking december 18, 2022 and inserting september 30, 2026. sec. 322. conditions of use for biosimilar',
'biological products. section 351 k 2 a iii of the public health service act 42 u.s.c. 262 k 2 a',
'iii is amended 1 in subclause i , by striking ; and and inserting a semicolon; 2 in subclause ii',
', by striking the period and inserting ; and; and 3 by adding at the end the following: iii may',
'include information to show that the conditions of use prescribed, recommended, or suggested in the labeling proposed for the biological',
'product have been previously approved for the reference product.. sec. 323. orphan drug clarification. section 527 c of the federal',
'food, drug, and cosmetic act 21 u.s.c. 360cc c is amended by adding at the end the following: 3 applicability.',
'this subsection applies to any drug designated under section 526 for which an application was approved under section 505 of',
'this act or licensed under section 351 of the public health service act after the date of enactment of the',
'fda reauthorization act of 2017, regardless of the date on which such drug was designated under section 526.. sec. 324.',
'modernizing the labeling of certain generic drugs. chapter v of the federal food, drug, and cosmetic act 21 u.s.c. 351',
'et seq. is amended by inserting after section 503c the following: sec. 503d. note: 21 usc 353d. process to update',
'labeling for certain generic drugs. a definitions. for purposes of this section: 1 the term covered drug means a drug',
'approved under section 505 c a for which there are no unexpired patents included in the list under section 505',
'j 7 and no unexpired period of exclusivity; b for which the approval of the application has been withdrawn for',
'reasons other than safety or effectiveness; and c for which i i there is new scientific evidence available pertaining to',
'new or existing conditions of use that is not reflected in the approved labeling; ii the approved labeling does not',
'reflect current legal and regulatory requirements for content or format; or iii there is a relevant accepted use in clinical',
'practice that is not reflected in the approved labeling; and ii updating the approved labeling would benefit the public health.',
'page 134 stat. 2934 2 the term period of exclusivity, with respect to a drug approved under section 505 c',
', means any period of exclusivity under clause ii , iii , or iv of section 505 c 3 e',
', clause ii , iii , or iv of section 505 j 5 f , or section 505a, 505e, or',
'527. 3 the term generic version means a drug approved under section 505 j whose reference listed drug is a',
'covered drug. 4 the term relevant accepted use means a use for a drug in clinical practice that is supported',
'by scientific evidence that appears to the secretary to meet the standards for approval under section 505. 5 the term',
'selected drug means a covered drug for which the secretary has determined through the process under subsection c that the',
'labeling should be changed. b identification of covered drugs. the secretary may identify covered drugs for which labeling updates would',
'provide a public health benefit. to assist in identifying covered drugs, the secretary may do one or both of the',
'following: 1 note: contracts. review. enter into cooperative agreements or contracts with public or private entities to review the available',
'scientific evidence concerning such drugs. 2 note: public comments. seek public input concerning such drugs, including input on whether there',
'is a relevant accepted use in clinical practice that is not reflected in the approved labeling of such drugs or',
'whether new scientific evidence is available regarding the conditions of use for such drug, by a holding one or more',
'public meetings; b opening a public docket for the submission of public comments; or c other means, as the secretary',
'determines appropriate. c note: determination. selection of drugs for updating. if the secretary determines, with respect to a covered drug,',
'that the available scientific evidence meets the standards under section 505 for adding or modifying information to the labeling or',
'providing supplemental information to the labeling regarding the use of the covered drug, the secretary may initiate the process under',
'subsection d . d note: determination. notice. initiation of the process of updating. if the secretary determines that labeling changes',
'are appropriate for a selected drug pursuant to subsection c , the secretary shall provide notice to the holders of',
'approved applications for a generic version of such drug that 1 note: summary. summarizes the findings supporting the determination of',
'the secretary that the available scientific evidence meets the standards under section 505 for adding or modifying information or providing',
'supplemental information to the labeling of the covered drug pursuant to subsection c ; 2 provides a clear statement regarding',
'the additional, modified, or supplemental information for such labeling, according to the determination by the secretary including, as applicable, modifications',
'to add the relevant accepted use to the labeling of the drug as an additional indication for the drug ;',
'and 3 states whether the statement under paragraph 2 applies to the selected drug as a class of covered drugs',
'or only to a specific drug product. page 134 stat. 2935 e note: deadline. response to notification. within 30 days',
'of receipt of notification provided by the secretary pursuant to subsection d , the holder of an approved application for',
'a generic version of the selected drug shall 1 agree to change the approved labeling to reflect the additional, modified,',
'or supplemental information the secretary has determined to be appropriate; or 2 notify the secretary that the holder of the',
'approved application does not believe that the requested labeling changes are warranted and submit a statement detailing the reasons why',
'such changes are not warranted. f note: determinations. review of application holders response. 1 in general. upon receipt of the',
'application holders response, the secretary shall promptly review each statement received under subsection e 2 and determine which labeling changes',
'pursuant to the secretarys notice under subsection d are appropriate, if any. if the secretary disagrees with the reasons why',
'such labeling changes are not warranted, the secretary shall provide opportunity for discussions with the application holders to reach agreement',
'on whether the labeling for the covered drug should be updated to reflect available scientific evidence, and if so, the',
'content of such labeling changes. 2 note: updates. changes to labeling. after considering all responses from the holder of an',
'approved application under paragraph 1 or 2 of subsection e , and any discussion under paragraph 1 , the secretary',
'may order such holder to make the labeling changes the secretary determines are appropriate. such holder of an approved application',
'shall a update its paper labeling for the drug at the next printing of that labeling; b update any electronic',
'labeling for the drug within 30 days of such order; and c submit the revised labeling through the form, supplement',
'changes being effected. g violation. if the holder of an approved application for the generic version of the selected drug',
'does not comply with the requirements of subsection f 2 , such generic version of the selected drug shall be',
'deemed to be misbranded under section 502. h limitations; generic drugs. 1 in general. with respect to any labeling change',
'required under this section, the generic version shall be deemed to have the same conditions of use and the same',
'labeling as its reference listed drug for purposes of clauses i and v of section 505 j 2 a .',
'any labeling change so required shall not have any legal effect for the applicant that is different than the legal',
'effect that would have resulted if a supplemental application had been submitted and approved to conform the labeling of the',
'generic version to a change in the labeling of the reference drug. 2 supplemental applications. changes to labeling made in',
'accordance with this section shall not be eligible for an exclusivity period under this act. 3 selection of drugs. the',
'secretary shall not identify a drug as a covered drug or select a drug label for updating under subsection b',
'or c solely based on the availability page 134 stat. 2936 of new safety information. upon note: determinations. identification of',
'a drug as a covered drug under subsection b , the secretary may then consider the availability of new safety',
'information as defined in section 505 1 b in determining whether the drug is a selected drug and in determining',
'what labeling changes are appropriate. i rules of construction. 1 approval standards. this section shall not be construed as altering',
'the applicability of the standards for approval of an application under section 505. no order shall be issued under this',
'subsection unless the scientific evidence supporting the changed labeling meets the standards for approval applicable to any change to labeling',
'under section 505. 2 removal of information. nothing in this section shall be construed to give the secretary additional authority',
'to remove approved indications for drugs, other than the authority described in this section. 3 secretary authority. nothing in this',
'section shall be construed to limit the authority of the secretary to require labeling changes under section 505 o .',
'4 maintenance of labeling. nothing in this section shall be construed to affect the responsibility of the holder of an',
'approved application under section 505 j to maintain its labeling in accordance with existing requirements, including subpart b of part',
'201 and sections 314.70 and 314.97 of title 21, code of federal regulations or any successor regulations . j note:',
'time period. reports. not later than 4 years after the date of the enactment of this section, and every 4',
'years thereafter, the secretary shall prepare and submit to the committee on energy and commerce of the house of representatives',
'and the committee on health, education, labor, and pensions of the senate, a report that 1 describes the actions of',
'the secretary under this section, including a the number of covered drugs and description of the types of drugs the',
'secretary has selected for labeling changes and the rationale for such recommended changes; and b the number of times the',
'secretary entered into discussions concerning a disagreement with an application holder or holders and a summary of the decision regarding',
'a labeling change, if any; and 2 note: recommenda tions. includes any recommendations of the secretary for modifying the program',
'under this section.. sec. 325. biological product patent transparency. a in general. section 351 k of the public health service',
'act 42 u.s.c. 262 k is amended by adding at the end the following: 9 public listing. a in general.',
'i note: deadline. initial publication. not later than 180 days after the date of enactment of this paragraph, the secretary',
'shall publish and make available to the public in a searchable, electronic format i a list of each biological product,',
'by nonproprietary name proper name , for which, as of page 134 stat. 2937 such date of enactment, a biologics',
'license under subsection a or this subsection is in effect, or that, as of such date of enactment, is deemed',
'to be licensed under this section pursuant to section 7002 e 4 of the biologics price competition and innovation act',
'of 2009; ii the date of licensure of the marketing application and the application number; and iii with respect to',
'each biological product described in subclause i , the licensure status, and, as available, the marketing status. ii note: time',
'period. revisions. every 30 days after the publication of the first list under clause i , the secretary shall revise',
'the list to include each biological product which has been licensed under subsection a or this subsection during the 30',
'day period or deemed licensed under this section pursuant to section 7002 e 4 of the biologics price competition and',
'innovation act of 2009. iii note: deadlines. patent information. not later than 30 days after a list of patents under',
'subsection l 3 a , or a supplement to such list under subsection l 7 , has been provided by',
'the reference product sponsor to the subsection k applicant respecting a biological product included on the list published under this',
'subparagraph, the reference product sponsor shall provide such list of patents or supplement thereto and their corresponding expiry dates to',
'the secretary, and the secretary shall, in revisions made under clause ii , include such information for such biological product.',
'note: updates. within 30 days of providing any subsequent or supplemental list of patents to any subsequent subsection k applicant',
'under subsection l 3 a or l 7 , the reference product sponsor shall update the information provided to the',
'secretary under this clause with any additional patents from such subsequent or supplemental list and their corresponding expiry dates. iv',
'listing of exclusivities. for each biological product included on the list published under this subparagraph, the secretary shall specify each',
'exclusivity period under paragraph 6 or paragraph 7 for which the secretary has determined such biological product to be eligible',
'and that has not concluded. b note: determination. revocation or suspension of license. if the license of a biological product',
'is determined by the secretary to have been revoked or suspended for safety, purity, or potency reasons, it may not',
'be published in the list under subparagraph a . note: notification. if such revocation or suspension occurred after inclusion of',
'such biological product in the list published under subparagraph a , the reference product sponsor shall notify the secretary that',
'i the biological product shall be immediately removed from such list for the same period as the revocation or suspension;',
'and ii note: notice. federal register, publication. a notice of the removal shall be published in the federal register.. page',
'134 stat. 2938 b review and report on types of information to be listed. not later than 3 years after',
'the date of enactment of this act, the secretary of health and human services shall 1 note: public comment. solicit',
'public comment regarding the type of information, if any, that should be added to or removed from the list required',
'by paragraph 9 of section 351 k of the public health service act 42 u.s.c. 262 k , as added',
'by subsection a ; and 2 note: evaluation. recommenda tions. transmit to congress an evaluation of such comments, including any',
'recommendations about the types of information that should be added to or removed from the list. subtitle d technical corrections',
'sec. 331. technical corrections. a education and training relating to geriatrics. section 753 a 7 b of the public health',
'service act 42 u.s.c. 294c a 7 b is amended, in the matter preceding clause i , by striking title',
'vii health care workforce reauthorization act of 2019 and inserting coronavirus aid, relief, and economic security act. b nursing. section',
'851 d 3 of the public health service act 42 u.s.c. 297t d 3 is amended by striking title viii',
'nursing reauthorization act and inserting coronavirus aid, relief, and economic security act. c citation. section 3404 a 9 of the',
'coronavirus aid, relief, and economic security act public law 116 136 is amended by striking section 846a 42 u.s.c. 247n',
'1 and inserting section 846a 42 u.s.c. 297n 1 . d note: 42 usc 294c note. effective date. the amendments',
'made by subsections a , b , and c shall take effect as if included in the enactment of the',
'coronavirus aid, relief, and economic security act public law 116 136 . division cc health extenders sec. 1. table of',
'contents. sec. 1. table of contents. title i medicare provisions subtitle a medicare extenders sec. 101. extension of the work',
'geographic index floor under the medicare program. sec. 102. extension of funding for quality measure endorsement, input, and selection. sec.',
'103. extension of funding outreach and assistance for low income programs. sec. 104. extension of medicare patient ivig access demonstration',
'project. sec. 105. extending the independence at home medical practice demonstration program under the medicare program. subtitle b other medicare',
'provisions sec. 111. improving measurements under the skilled nursing facility value based purchasing program under the medicare program. sec. 112.',
'providing the medicare payment advisory commission and medicaid and chip payment and access commission with access to certain drug payment',
'information, including certain rebate information. sec. 113. moratorium on payment under the medicare physician fee schedule of the add on',
'code for inherently complex evaluation and management visits. page 134 stat. 2939 sec. 114. temporary freeze of apm payment incentive',
'thresholds. sec. 115. permitting occupational therapists to conduct the initial assessment visit and complete the comprehensive assessment with respect to',
'certain rehabilitation services for home health agencies under the medicare program. sec. 116. centers for medicare & medicaid services provider',
'outreach and reporting on cognitive assessment and care plan services. sec. 117. continued coverage of certain temporary transitional home infusion',
'therapy services. sec. 118. transitional coverage and retroactive medicare part d coverage for certain low income beneficiaries. sec. 119. increasing',
'the use of real time benefit tools to lower beneficiary costs. sec. 120. beneficiary enrollment simplification. sec. 121. waiving budget',
'neutrality for oxygen under the medicare program. sec. 122. waiving medicare coinsurance for certain colorectal cancer screening tests. sec. 123.',
'expanding access to mental health services furnished through telehealth. sec. 124. public private partnership for health care waste, fraud, and',
'abuse detection. sec. 125. medicare payment for rural emergency hospital services. sec. 126. distribution of additional residency positions. sec. 127.',
'promoting rural hospital gme funding opportunity. sec. 128. five year extension of the rural community hospital demonstration program. sec. 129.',
'extension of frontier community health integration project demonstration. sec. 130. improving rural health clinic payments. sec. 131. medicare gme treatment',
'of hospitals establishing new medical residency training programs after hosting medical resident rotators for short durations. sec. 132. medicare payment',
'for certain federally qualified health center and rural health clinic services furnished to hospice patients. sec. 133. delay to the',
'implementation of the radiation oncology model under the medicare program. sec. 134. improving access to skilled nursing facility services for',
'hemophilia patients. title ii medicaid extenders and other policies sec. 201. eliminating dsh reductions for fiscal years 2021 through 2023.',
'sec. 202. supplemental payment reporting requirements. sec. 203. medicaid shortfall and third party payments. sec. 204. extension of money follows',
'the person rebalancing demonstration. sec. 205. extension of spousal impoverishment protections. sec. 206. extension of community mental health services demonstration',
'program. sec. 207. clarifying authority of state medicaid fraud and abuse control units to investigate and prosecute cases of medicaid',
'patient abuse and neglect in any setting. sec. 208. medicaid coverage for citizens of freely associated states. sec. 209. medicaid',
'coverage of certain medical transportation. sec. 210. promoting access to life saving therapies for medicaid enrollees by ensuring coverage of',
'routine patient costs for items and services furnished in connection with participation in qualifying clinical trials. title iii human services',
'sec. 301. extension of tanf, child care entitlement to states, and related programs. sec. 302. personal responsibility education extension. sec.',
'303. sexual risk avoidance education extension. sec. 304. extension of support for current health professions opportunity grants. sec. 305. extension',
'of marylee allen promoting safe and stable families program and state court support. title iv health offsets sec. 401. requiring',
'certain manufacturers to report drug pricing information with respect to drugs under the medicare program. sec. 402. extended months of',
'coverage of immunosuppressive drugs for kidney transplant patients and other renal dialysis provisions. sec. 403. permitting direct payment to physician',
'assistants under medicare. sec. 404. adjusting calculation of hospice cap amount under medicare. sec. 405. special rule for determination of',
'asp in cases of certain noncovered self administered drug products. page 134 stat. 2940 sec. 406. medicaid improvement fund. sec.',
'407. establishing hospice program survey and enforcement procedures under the medicare program. sec. 408. medicare improvement fund. title v miscellaneous',
'sec. 501. implementation funding. title i medicare provisions subtitle a medicare extenders sec. 101. extension of the work geographic index',
'floor under the medicare program. section 1848 e 1 e of the social security act 42 u.s.c. 1395w 4 e',
'1 e , as amended by section 3801 of the cares act public law 116 136 , section 2201 of',
'the continuing appropriations act, 2021 and other extensions act public law 116 159 , and section 1101 of the further',
'continuing appropriations act, 2021, and other extensions act, is amended note: ante, pp. 427, 730. by striking december 19, 2020',
'and inserting january 1, 2024. sec. 102. extension of funding for quality measure endorsement, input, and selection. a extension. section',
'1890 d 2 of the social security act 42 u.s.c. 1395aaa d 2 , as amended by section 1103 of',
'the further continuing appropriations act, 2021, and other extensions act, is note: ante, p. 1042. amended 1 in the first',
'sentence, by striking and for the period beginning on october 1, 2020, and ending on december 18, 2020, the amount',
'equal to the pro rata portion of the amount appropriated for such period for fiscal year 2020 and inserting $26,000,000',
'for fiscal year 2021, $20,000,000 for fiscal year 2022, and $20,000,000 for fiscal year 2023; and 2 in the third',
'sentence, by striking and 2020, and for the period beginning on october 1, 2020, and ending on december 18, 2020',
'and inserting 2020, 2021, 2022, and 2023. b additional reporting requirements. section 1890 of the social security act 42 u.s.c.',
'1395aaa is amended 1 in subsection e a by redesignating paragraphs 1 through 6 as subparagraphs a through f ,',
'respectively; b by striking congress. by not later than and inserting congress. 1 in general. by not later than; c',
'in subparagraph a , as redesignated by this paragraph, by striking the last sentence; d in subparagraph d , as',
'so redesignated, by striking a description and inserting subject to paragraph 2 b , a description; e in subparagraph e',
', as so redesignated, by striking the amount and inserting subject to paragraph 2 b , the amount; f in',
'subparagraph f , as so redesignated, by striking estimates and inserting subject to paragraph 2 b , estimates; and g',
'by adding at the end the following new paragraph: page 134 stat. 2941 2 additional requirements for reports. a addressing',
'gao report. each of the annual reports submitted in 2021 and 2022 pursuant to paragraph 1 shall also include the',
'following: i note: analysis. a comprehensive analysis detailing the ways in which the centers for medicare & medicaid services has',
'addressed each of the recommendations set forth in the report by the government accountability office gao 19 628 issued on',
'september 19, 2019, and titled health care quality: cms could more effectively ensure its quality measurement activities promote its objectives.',
'ii a detailed description of i any additional steps that the centers for medicare & medicaid services expects to take',
'to address the findings and recommendations set forth in such report; and ii the anticipated timing for such steps. b',
'ensuring detailed information. i in general. in the case of an annual report submitted in 2021 or a subsequent year',
'pursuant to paragraph 1 , the information required under i paragraph 1 d shall also include detailed information on each',
'of the activities described in clause ii ; ii paragraph 1 e shall also include detailed information on the specific',
'amounts obligated or expended on each of the activities described in clause ii ; and iii paragraph 1 f shall',
'also include detailed information on the specific quality measurement activities required and future funding needed for each of the activities',
'described in clause ii . ii activities described. the activities described in this clause are the following: i measure selection',
'activities. ii measure development activities. iii public reporting activities. iv education and outreach activities. ; and 2 by adding at',
'the end the following new subsection: f additional reporting by the secretary to congress. 1 in general. by not later',
'than september 30 of each year beginning with 2021 , the secretary shall submit to congress a report on the',
'amount of unobligated balances for appropriations relating to quality measurement. note: plans. such report shall include detailed plans on how',
'the secretary expects to expend such unobligated balances in the upcoming fiscal years. 2 separate report. the annual report required',
'under paragraph 1 shall be separate from the annual report required under subsection e .. c input for removal of',
'measures. section 1890 b of the social security act 42 u.s.c. 1395aaa b is amended by inserting after paragraph 3',
'the following new paragraph: 4 removal of measures. the entity may provide input to the secretary on quality and efficiency',
'measures described in paragraph 7 b that could be considered for removal.. page 134 stat. 2942 d prioritization of measure',
'endorsement. section 1890 b of the social security act 42 u.s.c. 1395aaa b is amended by adding at the end',
'the following new paragraph: 9 prioritization of measure endorsement. the secretary a note: time period. during the period beginning on',
'the date of the enactment of this paragraph and ending on december 31, 2023, shall prioritize the endorsement of measures',
'relating to maternal morbidity and mortality by the entity with a contract under subsection a in connection with endorsement of',
'measures described in paragraph 2 ; and b note: effective date. on and after january 1, 2024, may prioritize the',
'endorsement of such measures by such entity.. sec. 103. extension of funding outreach and assistance for low income programs. a',
'state health insurance programs. subsection a 1 b of section 119 of the medicare improvements for patients and providers act',
'of 2008 42 u.s.c. 1395b 3 note , as amended by section 3306 of the patient protection and affordable care',
'act public law 111 148 , section 610 of the american taxpayer relief act of 2012 public law 112 240',
', section 1110 of the pathway for sgr reform act of 2013 public law 113 67 , section 110 of',
'the protecting access to medicare act of 2014 public law 113 93 , section 208 of the medicare access and',
'chip reauthorization act of 2015 public law 114 10 , section 50207 of division e of the bipartisan budget act',
'of 2018 public law 115 123 , section 1402 of division b of the continuing appropriations act, 2020, and health',
'extenders act of 2019 public law 116 59 , section 1402 of division b of the further continuing appropriations act,',
'2020, and further health extenders act of 2019 public law 116 69 , section 103 of division n of the',
'further consolidated appropriations act, 2020 public law 116 94 , section 3803 of the cares act public law 116 136',
', section 2203 of the continuing appropriations act, 2021 and other extensions act public law 116 159 , and section',
'1102 of the further continuing appropriations act, 2021, and other extensions act, is note: ante, pp. 428, 730, 1042. amended',
'1 in clause x , by striking at the end and; and 2 by striking clause xi and inserting the',
'following clauses: xi for fiscal year 2021, $15,000,000; xii for fiscal year 2022, $15,000,000; and xiii for fiscal year 2023,',
'$15,000,000.. b area agencies on aging. subsection b 1 b of such section 119, as so amended, is amended 1',
'in clause x , by striking at the end and; and 2 by striking clause xi and inserting the following',
'clauses: xi for fiscal year 2021, $15,000,000; xii for fiscal year 2022, $15,000,000; and xiii for fiscal year 2023, $15,000,000..',
'c aging and disability resource centers. subsection c 1 b of such section 119, as so amended, is amended 1',
'in clause x , by striking at the end and; 2 by striking clause xi and inserting the following clauses:',
'xi for fiscal year 2021, $5,000,000; page 134 stat. 2943 xii for fiscal year 2022, $5,000,000; and xiii for fiscal',
'year 2023, $5,000,000,. d contract with the national center for benefits and outreach enrollment. subsection d 2 of such section',
'119, as so amended, is amended 1 in clause x , by striking at the end and; 2 by striking',
'clause xi and inserting the following clauses: xi for fiscal year 2021, $15,000,000; xii for fiscal year 2022, $15,000,000; and',
'xiii for fiscal year 2023, $15,000,000.. sec. 104. extension of medicare patient ivig access demonstration project. a extension of demonstration',
'project. section 101 b of the medicare ivig access and strengthening medicare and repaying taxpayers act of 2012 42 u.s.c.',
'13951 note is amended 1 by striking paragraph 1 and inserting the following: 1 note: effective date. duration. beginning not',
'later than one year after the date of enactment of this act, the secretary shall conduct the demonstration project for',
'a period of 3 years and, subject to the availability of funds under subsection g , the period beginning on',
'october 1, 2017, and ending on december 31, 2023.; and 2 in paragraph 2 a note: time periods. by amending',
'the first sentence to read as follows: the secretary shall enroll for participation in the demonstration project for the period',
'beginning on october 1, 2014, and ending on september 30, 2020, not more than 4,000 medicare beneficiaries who have been',
'diagnosed with primary immunodeficiency disease and for the period beginning on october 1, 2014, and ending on december 31, 2023,',
'not more than 6,500 medicare beneficiaries who have been so diagnosed. ; and b by striking december 31, 2020 and',
'inserting december 31, 2023. b updated evaluation and report. section 101 f is amended 1 by redesignating paragraph 2 as',
'paragraph 3 ; and 2 by inserting after paragraph 1 the following new paragraph: 2 updated evaluation and report. not',
'later than 2 years after the date of the enactment of consolidated appropriations act, 2021, the secretary shall submit to',
'congress an updated report that contains the following: a the total number of beneficiaries enrolled in the demonstration project during',
'the updated report period. b the total number of claims submitted for services during the updated report period, disaggregated by',
'month. c note: analysis. an analysis of the impact of the demonstration on beneficiary access to the in home administration',
'of intravenous immune globin, including the impact on beneficiary health. d note: analysis. an analysis of the impact of in',
'home administration of intravenous immune globin on overall costs to medicare, including the cost differential between in home page 134',
'stat. 2944 administration of intravenous immune globin and administration of intravenous immune globin in a healthcare facility. e note: survey.',
'to the extent practicable, a survey of providers and enrolled beneficiaries that participated in the demonstration project that identifies barriers',
'to accessing services, including reimbursement for items and services. f note: recommenda tions. recommendations to congress on the appropriateness of',
'establishing a permanent bundled services payment for the in home administration of intravenous immune globin for medicare beneficiaries.. c definition',
'of updated report period. section 101 h is amended by adding at the end the following new paragraph: 4 updated',
'report period. the term updated report period means the period beginning on october 1, 2014, and ending on september 30,',
'2020.. sec. 105. extending the independence at home medical practice demonstration program under the medi care program. a in general.',
'section 1866e of the social security act 42 u.s.c. 1395cc 5 is amended 1 in subsection e a in paragraph',
'1 , by striking 7 year and inserting 10 year; and b in paragraph 5 i in the first sentence,',
'by striking 15,000 and inserting 20,000; ii in the second sentence, by striking sixth and seventh and inserting sixth through',
'tenth; and iii by adding at the end the following new sentence: an applicable beneficiary that participates in the demonstration',
'program by reason of the increase from 15,000 to 20,000 in the first sentence of this paragraph pursuant to the',
'amendment made by section 105 of division cc of the consolidated appropriations act, 2021 shall be considered in the spending',
'target estimates under paragraph 1 of subsection c and the incentive payment calculations under paragraph 2 of such subsection for',
'the eighth through tenth years of such program. ; and 2 in subsection h , by inserting and $9,000,000 for',
'fiscal year 2021 after 2015. b note: 42 usc 1395cc 5 note. effective date. the amendments made by subsection a',
'shall take effect as if included in the enactment of public law 111 148. subtitle b other medicare provisions sec.',
'111. improving measurements under the skilled nursing facility value based purchasing program under the medicare program. a in general. section',
'1888 h of the social security act 42 u.s.c. 1395yy h is amended 1 in paragraph 1 , by adding',
'at the end the following new subparagraph: page 134 stat. 2945 c note: effective date. determination. exclusions. with respect to',
'payments for services furnished on or after october 1, 2022, this subsection shall not apply to a facility for which',
'there are not a minimum number as determined by the secretary of i cases for the measures that apply to',
'the facility for the performance period for the applicable fiscal year; or ii measures that apply to the facility for',
'the performance period for the applicable fiscal year. ; 2 in paragraph 2 a a by striking the secretary shall',
'apply and inserting the secretary i shall apply; b by striking the period at the end and inserting ; and;',
'and c by adding at the end the following: ii note: effective date. determination. may, with respect to payments for',
'services furnished on or after october 1, 2023, apply additional measures determined appropriate by the secretary, which may include measures',
'of functional status, patient safety, care coordination, or patient experience. subject to the succeeding sentence, in the case that the',
'secretary applies additional measures under clause ii , the secretary shall consider and apply, as appropriate, quality measures specified under',
'section 1899b c 1 . in no case may the secretary apply more than 10 measures under this subparagraph. ;',
'3 in subparagraph a of each of paragraphs 3 and 4 , by striking measure and inserting measures; and 4',
'by adding at the end the following new paragraph: 12 validation. a in general. the secretary shall apply to the',
'measures applied under this subsection and the data submitted under subsection e 6 a process to validate such measures and',
'data, as appropriate, which may be similar to the process specified in section 1886 b 3 b viii xi for',
'validating inpatient hospital measures. b note: transfer authority. time period. funding. for purposes of carrying out this paragraph, the secretary',
'shall provide for the transfer, from the federal hospital insurance trust fund established under section 1817, of $5,000,000 to the',
'centers for medicare & medicaid services program management account for each of fiscal years 2023 through 2025, to remain available',
'until expended.. b report by medpac. not later than march 15, 2022, the medicare payment advisory commission shall submit to',
'congress a report on establishing a prototype value based payment program under a unified prospective payment system for post acute',
'care services under the medicare program under title xviii of the social security act 42 u.s.c. 1395 et seq. .',
'such report 1 note: determinations. shall a consider design elements such as i measures that are important to the medicare',
'program and to beneficiaries under such program; ii methodologies for scoring provider performance and effects on payment; and page 134',
'stat. 2946 iii other elements determined appropriate by the commission; and b note: analysis. analyze the effects of implementing such',
'prototype program; and 2 may a discuss the possible effects, with respect to the medicare program, on program spending, post',
'acute care providers, patient outcomes, and other effects determined appropriate by the commission; and b note: recommenda tions. include recommendations',
'with respect to such prototype program, as determined appropriate by the commission, to congress and the secretary of health and',
'human services. sec. 112. providing the medicare payment advisory commission and medicaid and chip payment and access commission with access',
'to certain drug payment information, including certain rebate information. a access to certain part d payment data. section 1860d 15',
'f of the social security act 42 u.s.c. 1395w 115 f is amended 1 in paragraph 2 a in subparagraph',
'a ii , by striking and at the end; b in subparagraph b , by striking the period at the',
'end and inserting ; and; and c by inserting at the end the following new subparagraph: c by the executive',
'director of the medicare payment advisory commission for purposes of monitoring, making recommendations for, and analysis of the program under',
'this title and by the executive director of the medicaid and chip payment and access commission for purposes of monitoring,',
'making recommendations for, and analysis of the medicaid program established under title xix and the childrens health insurance program under',
'title xxi. ; and 2 by adding at the end the following new paragraph: 3 additional restrictions on disclosure of',
'information. a in general. the executive directors described in paragraph 2 c shall not disclose any of the following information',
'disclosed to such executive directors or obtained by such executive directors pursuant to such paragraph, with respect to a prescription',
'drug plan offered by a pdp sponsor or an ma pd plan offered by an ma organization: i the specific',
'amounts or the identity of the source of any rebates, discounts, price concessions, or other forms of direct or indirect',
'remuneration under such prescription drug plan or such ma pd plan. ii information submitted with the bid submitted under section',
'1860d 11 b by such pdp sponsor or under section 1854 a by such ma organization. iii in the case',
'of such information from prescription drug event records, information in a form that page 134 stat. 2947 would not be',
'permitted under section 423.505 m of title 42, code of federal regulations, or any successor regulation, if released by the',
'centers for medicare & medicaid services. b note: applicability. clarification. the restrictions on disclosures described in subparagraph a shall also',
'apply to disclosures to individual commissioners of the medicare payment advisory commission or of the medicaid and chip payment and',
'access commission.. b access to certain rebate and payment data under medicare and medicaid. section 1927 b 3 d of',
'the social security act 42 u.s.c. 1396r 8 b 3 d is amended 1 in the matter before clause i',
', by striking subsection a 6 a ii and inserting subsection a 6 a ; 2 in clause v ,',
'by striking and at the end; 3 in clause vi , by striking the period at the end and inserting',
', and; 4 by inserting after clause vi the following new clause: vii to permit the executive director of the',
'medicare payment advisory commission and the executive director of the medicaid and chip payment and access commission to review the',
'information provided. ; 5 in the matter at the end, by striking 1860d 4 c 2 e and inserting 1860d',
'4 c 2 g ; and 6 by adding at the end the following new sentences: any information disclosed to',
'the executive director of the medicare payment advisory commission or the executive director of the medicaid and chip payment and',
'access commission pursuant to this subparagraph shall not be disclosed by either such executive director in a form which discloses',
'the identity of a specific manufacturer or wholesaler or prices charged for drugs by such manufacturer or wholesaler. such information',
'also shall not be disclosed by either such executive director to individual commissioners of the medicare payment advisory commission or',
'of the medicaid and chip payment and access commission in a form which discloses the identity of a specific manufacturer',
'or wholesaler or prices charged for drugs by such manufacturer or wholesaler.. sec. 113. note: 42 usc 1395w 4 note.',
'moratorium on payment under the medicare physician fee schedule of the add on code for inherently complex evaluation and management',
'visits. a note: effective date. in general. the secretary of health and human services may not, prior to january 1,',
'2024, make payment under the fee schedule under section 1848 of the social security act 42 u.s.c. 1395w 4 for',
'services described by healthcare common procedure coding system hcpcs code g2211 or any successor or substantially similar code , as',
'described in section ii.f. of the final rule filed by the secretary with the office of the federal register for',
'public inspection on december 2, 2020, and entitled medicare program; cy 2021 payment policies under the physician fee schedule and',
'other changes to part b payment policies; medicare shared savings program requirements; medicaid promoting interoperability program requirements for eligible professionals;',
'page 134 stat. 2948 quality payment program; coverage of opioid use disorder services furnished by opioid treatment programs; medicare enrollment',
'of opioid treatment programs; electronic prescribing for controlled substances for a covered part d drug; payment for office/outpatient evaluation and',
'management services; hospital iqr program; establish new code categories; medicare diabetes prevention program mdpp expanded model emergency policy; coding and',
'payment for virtual check in services interim final rule policy; coding and payment for personal protective equipment ppe interim final',
'rule policy; regulatory revisions in response to the public health emergency phe for covid 19; and finalization of certain provisions',
'from the march 31st , may 8th and september 2nd interim final rules in response to the phe for covid',
'19. b implementation. notwithstanding any other provision of law, the secretary may implement this section by interim final rule, program',
'instruction, or otherwise. sec. 114. temporary freeze of apm payment incentive thresholds. a in general. section 1833 z 2 of',
'the social security act 42 u.s.c. 1395l z 2 is amended 1 in subparagraph b a in the heading, by',
'striking and 2022 and inserting through 2024; and b in the matter preceding clause i , by striking 2021 and',
'2022 and inserting each of 2021 through 2024; 2 in subparagraph c a in the heading, by striking 2023 and',
'inserting 2025; and b in the matter preceding clause i , by striking 2023 and inserting 2025; and 3 in',
'subparagraph d , by adding at the end the following: with respect to 2023 and 2024, the secretary shall use',
'the same percentage criteria for counts of patients that are used in 2022.. b partial qualifying apm participant modifications. section',
'1848 q 1 c iii of the social security act 42 u.s.c. 1395w 4 q 1 c iii is amended',
'1 in subclause ii , in the matter preceding item aa , by striking 2021 and 2022 and inserting each',
'of 2021 through 2024; and 2 in subclause iii , in the matter preceding item aa , by striking 2023',
'and inserting 2025. c note: 42 usc 1395l note. effective date. the amendments made by this section shall take effect',
'on the date of the enactment of this act. sec. 115. permitting occupational therapists to conduct the initial assessment note:',
'42 usc 1395lll note. visit and complete the comprehensive assessment with respect to certain rehabilitation services for home health agencies',
'under the medicare program. not note: deadline. later than january 1, 2022, the secretary of health and human services shall',
'revise subsections a 2 and b 3 of section 484.55 of title 42, code of federal regulations, or a successor',
'regulation, to permit an occupational therapist to conduct the initial assessment visit and to complete the comprehensive assessment as such',
'terms are described in such subsections, respectively page 134 stat. 2949 for home health services for an individual under title',
'xviii of the social security act 42 u.s.c. 1395 et seq. if the home health plan of care for such',
'individual 1 does not initially include skilled nursing care; 2 includes occupational therapy; and 3 includes physical therapy or speech',
'language pathology. sec. 116. note: 42 usc 1395l note. centers for medicare & medicaid services provider outreach and reporting on',
'cognitive assess ment and care plan services. a outreach. the secretary of health and human services in this section referred',
'to as the secretary shall conduct outreach to physicians and appropriate non physician practitioners participating under the medicare program under',
'title xviii of the social security act 42 u.s.c. 1395 et seq. with respect to medicare payment for cognitive assessment',
'and care plan services furnished to individuals with cognitive impairment such as alzheimers disease and related dementias, identified as of',
'january 1, 2018, by hcpcs code 99483, or any successor to such code in this section referred to as cognitive',
'assessment and care plan services . such outreach shall include a comprehensive, one time education initiative to inform such physicians',
'and practitioners of the addition of such services as a covered benefit under the medicare program, including the requirements for',
'eligibility for such services. b reports. 1 hhs report on provider outreach. not later than one year after the date',
'of enactment of this act, the secretary of health and human services shall submit to the committee on ways and',
'means and the committee on energy and commerce of the house of representatives and the committee on finance of the',
'senate a report on the outreach conducted under subsection a . such report shall include a description of the methods',
'used for such outreach. 2 gao report on utilization rates. not later than 3 years after such date of enactment,',
'the comptroller general of the united states shall submit to the committee on ways and means and the committee on',
'energy and commerce of the house of representatives and the committee on finance of the senate a report on the',
'number of medicare beneficiaries who were furnished cognitive assessment and care plan services for which payment was made under title',
'xviii of the social security act 42 u.s.c. 1395 et seq. . note: recommenda tions. such report shall include information',
'on barriers medicare beneficiaries face to access such services, and recommendations for such legislative and administrative action as the comptroller',
'general deems appropriate. sec. 117. continued coverage of certain temporary transitional home infusion therapy services. a in general. section 1861',
'iii 3 c of the social security act 42 u.s.c. 1395x iii 3 c is amended by inserting after clause',
'ii the following flush sentence: clause ii shall not apply to a self administered drug or biological on a self',
'administered drug exclusion list if such drug or biological was included as a transitional home infusion drug under subparagraph a',
'iii of section 1834 u 7 and was identified by a hcpcs code described in subparagraph c ii of such',
'section.. page 134 stat. 2950 b note: 42 usc 1395x note. effective date. the amendment made by subsection a shall',
'apply to items and services furnished on or after january 1, 2021. c note: 42 usc 1395x note. implementation. notwithstanding',
'any other provision of law, the secretary of health and human services may implement the amendment made by subsection a',
'by interim final rule, program instruction, or otherwise. sec. 118. transitional coverage and retroactive medicare part d coverage for certain',
'low income beneficiaries. section 1860d 14 of the social security act 42 u.s.c. 1395w 114 is amended 1 by redesignating',
'subsection e as subsection f ; and 2 by adding after subsection d the following new subsection: e limited income',
'newly eligible transition program. 1 note: effective date. in general. beginning not later than january 1, 2024, the secretary shall',
'carry out a program to provide transitional coverage for covered part d drugs for li net eligible individuals in accordance',
'with this subsection. 2 li net eligible individual defined. for purposes of this subsection, the term li net eligible individual',
'means a part d eligible individual who a meets the requirements of clauses ii and iii of subsection a 3',
'a ; and b has not yet enrolled in a prescription drug plan or an ma pd plan, or, who',
'has so enrolled, but with respect to whom coverage under such plan has not yet taken effect. 3 note: definition.',
'time periods. transitional coverage. for purposes of this subsection, the term transitional coverage means with respect to an li net',
'eligible individual a immediate access to covered part d drugs at the point of sale during the period that begins',
'on the first day of the month such individual is determined to meet the requirements of clauses ii and iii',
'of subsection a 3 a and ends on the date that coverage under a prescription drug plan or ma pd',
'plan takes effect with respect to such individual; and b note: effective date. in the case of an li net',
'eligible individual who is a full benefit dual eligible individual as defined in section 1935 c 6 or a recipient',
'of supplemental security income benefits under title xvi, retroactive coverage in the form of reimbursement of the amounts that would',
'have been paid under this part had such individual been enrolled in a prescription drug plan or ma pd plan',
'of covered part d drugs purchased by such individual during the period that begins on the date that is the',
'later of i the date that such individual was first eligible for a low income subsidy under this part; or',
'ii the date that is 36 months prior to the date such individual enrolls in a prescription drug plan or',
'ma pd plan, and ends on the date that coverage under such plan takes effect. 4 program administration. page 134',
'stat. 2951 a point of contact. the secretary shall, as determined appropriate by the secretary, administer the program under this',
'subsection through a contract with a single program administrator. b benefit design. the secretary shall ensure that the transitional coverage',
'provided to li net eligible individuals under this subsection i provides access to all covered part d drugs under an',
'open formulary; ii note: determination. permits all pharmacies determined by the secretary to be in good standing to process claims',
'under the program; iii is consistent with such requirements as the secretary considers necessary to improve patient safety and ensure',
'appropriate dispensing of medication; and iv meets such other requirements as the secretary may establish. 5 relationship to other provisions',
'of this title; waiver authority. a in general. the following provisions shall not apply with respect to the program under',
'this subsection: i paragraphs 1 and 3 b of section 1860d 4 a relating to dissemination of general information; availability',
'of information on changes in formulary through the internet . ii subparagraphs a and b of section 1860d 4 b',
'3 relating to requirements on development and application of formularies; formulary development . iii paragraphs 1 c and 2 of',
'section 1860d 4 c relating to medication therapy management program . b waiver authority. the secretary may waive such other',
'requirements of title xi and this title as may be necessary to carry out the purposes of the program established',
'under this subsection. 6 contracting authority. the authority vested in the secretary by this subsection may be performed without regard',
'to such provisions of law or regulations relating to the making, performance, amendment, or modification of contracts of the united',
'states as the secretary may determine to be inconsistent with the furtherance of the purpose of this title.. sec. 119.',
'increasing the use of real time benefit tools to lower beneficiary costs. a requiring prescription drug plan sponsors and medicare',
'advantage organizations to include real time benefit information under medicare part d. section 1860d 4 of the social security act',
'42 u.s.c. 1395w 104 is amended 1 by redesignating subsection m relating to program integrity transparency measures , as added',
'by section 6063 c of the substance use disorder prevention that promotes opioid recovery and treatment for patients and communities',
'act public law 115 271 , as subsection n ; and 2 by adding at the end the following new',
'subsection: o real time benefit information. 1 note: determination. in general. after the secretary has adopted a standard under paragraph',
'3 for electronic real time benefit page 134 stat. 2952 tools, and at a time determined appropriate by the secretary,',
'a pdp sponsor of a prescription drug plan shall implement one or more of such tools that meet the requirements',
'described in paragraph 2 . 2 requirements. for purposes of paragraph 1 , the requirements described in this paragraph, with',
'respect to an electronic real time benefit tool, are that the tool is capable of a integrating with electronic prescribing',
'and electronic health record systems of prescribing health care professionals for the transmission of formulary and benefit information in real',
'time to such professionals; and b with respect to a covered part d drug, transmitting such information specific to an',
'individual enrolled in a prescription drug plan, including the following: i note: list. a list of any clinically appropriate alternatives',
'to such drug included in the formulary of such plan. ii cost sharing information and the negotiated price for such',
'drug and such alternatives at multiple pharmacy options, including the individuals preferred pharmacy and, as applicable, other retail pharmacies and',
'a mail order pharmacy. iii the formulary status of such drug and such alternatives and any prior authorization or other',
'utilization management requirements applicable to such drug and such alternatives included in the formulary of such plan. 3 note: compliance.',
'consultation. standards. in order to be treated for purposes of this subsection as an electronic real time benefit tool described',
'in paragraph 1 , such tool shall comply with technical standards adopted by the secretary in consultation with the national',
'coordinator for health information technology through notice and comment rulemaking. such technical standards adopted by the secretary shall be developed',
'by a standards development organization, such as the national council for prescription drug programs, that consults with stakeholders such as',
'pdp sponsors, medicare advantage organizations, beneficiary advocates, health care professionals, and health information technology software vendors. 4 rules of construction.',
'nothing in this subsection shall be construed a to prohibit the application of paragraph b 7 of section 423.160 of',
'title 42, code of federal regulations, as is to be added to such section pursuant to the final rule published',
'in the federal register on may 23, 2019, and titled modernizing part d and medicare advantage to lower drug prices',
'and reduce out of pocket expenses 84 fed. reg. 23832 through 23884 ; or b to allow a pdp sponsor',
'to use a real time benefit tool to steer an individual, without the consent of the individual, to a particular',
'pharmacy or pharmacy type over their preferred pharmacy or pharmacy type nor prohibit the designation of an individuals preferred pharmacy',
'under such tool.. b requiring qualified electronic health records to include real time benefit tools. section 3000 13 of the',
'public health service act 42 u.s.c. 300jj 13 is amended page 134 stat. 2953 1 in subparagraph a , by',
'striking and at the end; 2 in subparagraph b , by striking the period and inserting ; and; and 3',
'by adding at the end the following: c includes, or is capable of including, a real time benefit tool that',
'conveys patient specific real time cost and coverage information with respect to prescription drugs that, with respect to any health',
'information technology certified for electronic prescribing, the technology shall be capable of incorporating the information described in clauses i through',
'iii of paragraph 2 b of section 1860d 4 o of the social security act at a time specified by',
'the secretary but not before the secretary adopts a standard for such tools as described in paragraph 1 of such',
'section.. c inclusion of use of real time electronic information in shared decision making under mips. section 1848 q 2',
'b iii iv of the social security act 42 u.s.c. 1395w 4 q 2 b iii iv is amended by',
'adding at the end the following new sentences: note: effective date. this subcategory shall include as an activity, for performance',
'periods beginning on or after january 1, 2022, use of a real time benefit tool as described in section 1860d',
'4 o . the secretary may establish this activity as a standalone or as a component of another activity.. sec.',
'120. beneficiary enrollment simplification. a beneficiary enrollment simplification. 1 effective date of coverage. section 1838 a of the social security',
'act 42 u.s.c. 1395q a is amended a by amending paragraph 2 to read as follows: 2 a in the',
'case of an individual who enrolls pursuant to subsection d of section 1837 before the month in which he first',
'satisfies paragraph 1 or 2 of section 1836 a , the first day of such month, b in the case',
'of an individual who first satisfies such paragraph in a month beginning before january 2023 and who enrolls pursuant to',
'such subsection d i in such month in which he first satisfies such paragraph, the first day of the month',
'following the month in which he so enrolls, ii in the month following such month in which he first satisfies',
'such paragraph, the first day of the second month following the month in which he so enrolls, or iii more',
'than one month following such month in which he satisfies such paragraph, the first day of the third month following',
'the month in which he so enrolls, c in the case of an individual who first satisfies such paragraph in',
'a month beginning on or after january 1, 2023, and who enrolls pursuant to such subsection d in such month',
'in which he first satisfies such paragraph or in any subsequent month of his initial enrollment period, the first day',
'of the month following the month in which he so enrolls, or d in the case of an individual who',
'enrolls pursuant to subsection e of section 1837 in a month beginning i before january 1, 2023, the july 1',
'following the month in which he so enrolls; or page 134 stat. 2954 ii on or after january 1, 2023,',
'the first day of the month following the month in which he so enrolls; or; and b by amending paragraph',
'3 to read as follows: 3 in the case of an individual who is deemed to have enrolled a on',
'or before the last day of the third month of his initial enrollment period, the first day of the month',
'in which he first meets the applicable requirements of section 1836 a or july 1, 1973, whichever is later, or',
'b on or after the first day of the fourth month of his initial enrollment period, and where such month',
'begins i before january 1, 2023, as prescribed under subparagraphs b i , b ii , b iii , and',
'd i of paragraph 2 , or ii on or after january 1, 2023, as prescribed under subparagraphs c and',
'd ii of paragraph 2 .. 2 special enrollment periods for exceptional circumstances. a enrollment. section 1837 of the social',
'security act 42 u.s.c. 1395p is amended by adding at the end the following new subsection: m note: effective date.',
'beginning january 1, 2023, the secretary may establish special enrollment periods in the case of individuals who satisfy paragraph 1',
'or 2 of section 1836 a and meet such exceptional conditions as the secretary may provide.. b coverage period. section',
'1838 of the social security act 42 u.s.c. 1395q is amended by adding at the end the following new subsection:',
'g notwithstanding subsection a , in the case of an individual who enrolls during a special enrollment period pursuant to',
'section 1837 m , the coverage period shall begin on a date the secretary provides in a manner consistent to',
'the extent practicable with protecting continuity of health benefit coverage.. c conforming amendment. title xviii of the social security act',
'42 u.s.c. 1395 et seq. is amended i in section 1818a c 3 , by striking subsections h and i',
'of section 1837 and inserting subsections h , i , and m of section 1837; and ii in section 1839',
'b , in the first sentence, by striking or l and inserting , l , or m . 3 technical',
'correction. section 1839 b of the social security act 42 u.s.c. 1395r b is amended by adding at the end',
'the following new sentence: note: determination. applicability. for purposes of determining any increase under this subsection for individuals whose enrollment',
'occurs on or after january 1, 2023, the second sentence of this subsection shall be applied by substituting close of',
'the month for close of the enrollment period each place it appears.. 4 report. not later than january 1, 2023,',
'the secretary of health and human services shall submit to the committee on ways and means and committee on energy',
'and commerce of the house of representatives and the committee on finance and special committee on aging of the senate',
'a report on how to align existing medicare enrollment periods under title page 134 stat. 2955 xviii of the social',
'security act, including the general enrollment period under part b of such title and the annual, coordinated election period under',
'the medicare advantage program under part c of such title and under the prescription drug program under part d of',
'such title. note: recommenda tions. such report shall include recommendations consistent with the goals of maximizing coverage continuity and choice',
'and easing beneficiary transition. b funding. section 1808 of the social security act 42 u.s.c. 1395b 9 is amended by',
'adding the end the following new subsection: e note: transfer authority. time period. determination. funding for implementation of beneficiary enrollment',
'simplification. for purposes of carrying out the provisions of and the amendments made by section 120 of division cc of',
'the consolidated appropriations act, 2021, the secretary shall provide for the transfer, from the federal hospital insurance trust fund under',
'section 1817 and the federal supplementary medical insurance trust fund under section 1841 in such proportion as the secretary determines',
'appropriate , to the centers for medicare & medicaid services program management account, of $2,000,000 for each of fiscal years',
'2021 through 2030, to remain available until expended.. sec. 121. waiving budget neutrality for oxygen under the medicare program. a',
'in general. section 1834 a 9 d ii of the social security act 42 u.s.c. 1395m a 9 d ii',
', with application of subsection b , is amended by adding at the end the following new sentence: the note:',
'effective date. requirement of the preceding sentence shall not apply beginning with the second calendar quarter beginning on or after',
'the date of the enactment of this sentence.. b technical correction. 1 in general. section 4552 b of the balanced',
'budget act of 1997 public law 105 33 note: 111 stat. 459. is amended by striking section 1848 a 9',
'and inserting section 1834 a 9 . 2 note: 42 usc 1395m note. effective date. the amendment made by paragraph',
'1 shall take effect as if included in the enactment of the balanced budget act of 1997 public law 105',
'33 . c note: 42 usc 1395m note. implementation. notwithstanding any other provision of law, the secretary of health and',
'human services may implement the amendments made by this section by program instruction or otherwise. sec. 122. waiving medicare coinsurance',
'for certain colorectal cancer screening tests. a in general. section 1833 a of the social security act 42 u.s.c. 1395l',
'a is amended 1 in the second sentence, by striking section 1834 0 and inserting section 1834 o ; 2',
'by moving such second sentence 2 ems to the left; and 3 note: effective date. applicability. by inserting the following',
'third sentence following such second sentence: for services furnished on or after january 1, 2022, paragraph 1 y shall apply',
'with respect to a colorectal cancer screening test regardless of the code that is billed for the establishment of a',
'diagnosis as a result of the test, or for the removal of tissue or other matter or other procedure that',
'is furnished in connection with, as a result of, and in the same clinical encounter as the screening test.. page',
'134 stat. 2956 b special coinsurance rule for certain tests. section 1833 of the social security act 42 u.s.c. 1395l',
'is amended 1 in subsection a 1 y , by inserting subject to subsection dd , before with respect to;',
'and 2 by adding at the end the following new subsection: dd special coinsurance rule for certain colorectal cancer screening',
'tests. 1 note: time period. in general. in the case of a colorectal cancer screening test to which paragraph 1',
'y of subsection a would not apply but for the third sentence of such subsection that is furnished during a',
'year beginning on or after january 1, 2022, and before january 1, 2030, the amount paid shall be equal to',
'the specified percent as defined in paragraph 2 for such year of the lesser of the actual charge for the',
'service or the amount determined under the fee schedule that applies to such test under this part or, in the',
'case such test is a covered opd service as defined in subsection t 1 b , the amount determined under',
'subsection t . 2 specified percent defined. for purposes of paragraph 1 , the term specified percent means a for',
'2022, 80 percent; b for 2023 through 2026, 85 percent; and c for 2027 through 2029, 90 percent.. c conforming',
'amendments. paragraphs 2 and 3 of section 1834 d of the social security act 42 u.s.c. 1395m d are each',
'amended 1 in subparagraph c ii , in the matter preceding subclause i , by striking notwithstanding and inserting subject',
'to section 1833 a 1 y , but notwithstanding; and 2 in subparagraph d , by striking if during and',
'inserting subject to section 1833 a 1 y , if during. sec. 123. expanding access to mental health services furnished',
'through telehealth. a treatment of mental health services furnished through telehealth. paragraph 7 of section 1834 m of the social',
'security act 42 u.s.c. 1395m m is amended 1 by striking disorder services furnished through telehealth. the geographic and inserting',
'disorder services and mental health services furnished through telehealth. a in general. the geographic; 2 note: determination. in subparagraph a',
', as added by paragraph 1 , by inserting or, on or after the first day after the end of',
'the emergency period described in section 1135 g 1 b , subject to subparagraph b , to an eligible telehealth',
'individual for purposes of diagnosis, evaluation, or treatment of a mental health disorder, as determined by the secretary, after as',
'determined by the secretary,; and 3 by adding at the end the following new subparagraph: b requirements for mental health',
'services furnished through telehealth. i note: time periods. in general. payment may not be made under this paragraph for telehealth',
'services furnished by a physician or practitioner to an eligible telehealth individual for purposes of diagnosis, evaluation, or treatment of',
'a mental health disorder unless such physician page 134 stat. 2957 or practitioner furnishes an item or service in person,',
'without the use of telehealth, for which payment is made under this title or would have been made under this',
'title if such individual were entitled to, or enrolled for, benefits under this title at the time such item or',
'service is furnished i within the 6 month period prior to the first time such physician or practitioner furnishes such',
'a telehealth service to the eligible telehealth individual; and ii note: determination. during subsequent periods in which such physician or',
'practitioner furnishes such telehealth services to the eligible telehealth individual, at such times as the secretary determines appropriate. ii clarification.',
'this subparagraph shall not apply if payment would otherwise be allowed i under this paragraph with respect to telehealth services',
'furnished to an eligible telehealth individual with a substance use disorder diagnosis for purposes of treatment of such disorder or',
'co occurring mental health disorder ; or ii under this subsection without application of this paragraph.. b note: regulations. 42',
'usc 1395m note. implementation. notwithstanding any other provision of law, the secretary may implement the provisions of, or amendments made',
'by, this section by interim final rule, program instruction, or otherwise. sec. 124. public private partnership for health care waste,',
'fraud, and abuse detection. a in general. section 1128c a of the social security act 42 u.s.c. 1320a 7c a',
'is amended by adding at the end the following new paragraph: 6 public private partnership for waste, fraud, and abuse',
'detection. a note: determination. in general. under the program described in paragraph 1 , there is established a public private',
'partnership in this paragraph referred to as the partnership of health plans, federal and state agencies, law enforcement agencies, health',
'care anti fraud organizations, and any other entity determined appropriate by the secretary in this paragraph referred to as partners',
'for purposes of detecting and preventing health care waste, fraud, and abuse. b contract with trusted third party. in carrying',
'out the partnership, the secretary shall enter into a contract with a trusted third party for purposes of carrying out',
'the duties of the partnership described in subparagraph c . c duties of partnership. the partnership shall i provide technical',
'and operational support to facilitate data sharing between partners in the partnership; ii analyze data so shared to identify fraudulent',
'and aberrant billing patterns; page 134 stat. 2958 iii conduct aggregate analyses of health care data so shared across federal,',
'state, and private health plans for purposes of detecting fraud, waste, and abuse schemes; iv identify outlier trends and potential',
'vulnerabilities of partners in the partnership with respect to such schemes; v refer specific cases of potential unlawful conduct to',
'appropriate governmental entities; vi convene, not less than annually, meetings with partners in the partnership for purposes of providing updates',
'on the partnerships work and facilitating information sharing between the partners; vii enter into data sharing and data use agreements',
'with partners in the partnership in such a manner so as to ensure the partnership has access to data necessary',
'to identify waste, fraud, and abuse while maintaining the confidentiality and integrity of such data; viii provide partners in the',
'partnership with plan specific, confidential feedback on any aberrant billing patterns or potential fraud identified by the partnership with respect',
'to such partner; ix establish a process by which entities described in subparagraph a may enter the partnership and requirements',
'such entities must meet to enter the partnership; x provide appropriate training, outreach, and education to partners based on the',
'results of data analyses described in clauses ii and iii ; and xi perform such other duties as the secretary',
'determines appropriate. d substance use disorder treatment analysis. not note: deadline. later than 2 years after the date of the',
'enactment of the consolidated appropriations act, 2021, the trusted third party with a contract in effect under subparagraph b shall',
'perform an analysis of aberrant or fraudulent billing patterns and trends with respect to providers and suppliers of substance use',
'disorder treatments from data shared with the partnership. e executive board. i executive board composition. i in general. there shall',
'be an executive board of the partnership comprised of representatives of the federal government and representatives of the private sector',
'selected by the secretary. ii chairs. the executive board shall be co chaired by one federal government official and one',
'representative from the private sector. ii meetings. the executive board of the partnership shall meet at least once per year.',
'iii executive board duties. the duties of the executive board shall include the following: i providing strategic direction for the',
'partnership, including membership criteria and a mission statement. page 134 stat. 2959 ii communicating with the leadership of the department',
'of health and human services and the department of justice and the various private health sector associations. f note: time',
'period. public information. web posting. reports. not later than january 1, 2023, and every 2 years thereafter, the secretary shall',
'submit to congress and make available on the public website of the centers for medicare & medicaid services a report',
'containing i note: review. a review of activities conducted by the partnership over the 2 year period ending on the',
'date of the submission of such report, including any progress to any objectives established by the partnership; ii any savings',
'voluntarily reported by health plans participating in the partnership attributable to the partnership during such period; iii any savings to',
'the federal government attributable to the partnership during such period; iv note: determination. any other outcomes attributable to the partnership,',
'as determined by the secretary, during such period; and v note: strategic plan. a strategic plan for the 2 year',
'period beginning on the day after the date of the submission of such report, including a description of any emerging',
'fraud and abuse schemes, trends, or practices that the partnership intends to study during such period. g funding. the partnership',
'shall be funded by amounts otherwise made available to the secretary for carrying out the program described in paragraph 1',
'. h note: transfer authority. transitional provisions. to the extent consistent with this subsection, all functions, personnel, assets, liabilities, and',
'administrative actions applicable on the date before the date of the enactment of this paragraph to the national fraud prevention',
'partnership established on september 17, 2012, by charter of the secretary shall be transferred to the partnership established under subparagraph',
'a as of the date of the enactment of this paragraph. i nonapplicability of faca. the provisions of the federal',
'advisory committee act shall not apply to the partnership established by subparagraph a . j implementation. notwithstanding any other provision',
'of law, the secretary may implement the partnership established by subparagraph a by program instruction or otherwise. k definition. for',
'purposes of this paragraph, the term trusted third party means an entity that i demonstrates the capability to carry out',
'the duties of the partnership described in subparagraph c ; ii note: compliance. determination. complies with such conflict of interest',
'standards determined appropriate by the secretary; and iii meets such other requirements as the secretary may prescribe.. b potential expansion',
'of public private partnership analyses. note: deadline. study. reports. not note: cost estimate. later than 2 years after the date',
'of the enactment of this act, the secretary of health and human services shall conduct a study and submit to',
'congress a report on the feasibility page 134 stat. 2960 of the partnership as described in section 1128c a 6',
'of the social security act, as added by subsection a establishing a system to conduct real time data analysis to',
'proactively identify ongoing as well as emergent fraud trends for the entities participating in the partnership and provide such entities',
'with real time feedback on potentially fraudulent claims. note: public information. determination. such report shall include the estimated cost of',
'and any potential barriers to the partnership establishing such a system. sec. 125. medicare payment for rural emergency hospital services.',
'a in general. 1 definitions. section 1861 of the social security act 42 u.s.c. 1395x is amended a in subsection',
'e , in the last sentence of the matter following paragraph 9 , by inserting or a rural emergency hospital',
'as defined in subsection kkk 2 before the period at the end; and b by adding at the end the',
'following subsection: rural emergency hospital services; rural emergency hospital kkk 1 rural emergency hospital services. a in general. the term',
'rural emergency hospital services means the following services furnished by a rural emergency hospital as defined in paragraph 2 that',
'do not exceed an annual per patient average of 24 hours in such rural emergency hospital: i emergency department services',
'and observation care. ii at the election of the rural emergency hospital, with respect to services furnished on an outpatient',
'basis, other medical and health services as specified by the secretary through rulemaking. b staffed emergency department. for purposes of',
'subparagraph a i , an emergency department of a rural emergency hospital shall be considered a staffed emergency department if',
'it meets the following requirements: i the emergency department is staffed 24 hours a day, 7 days a week. ii',
'a physician as defined in section 1861 r 1 , nurse practitioner, clinical nurse specialist, or physician assistant as those',
'terms are defined in section 1861 aa 5 is available to furnish rural emergency hospital services in the facility 24',
'hours a day. iii applicable staffing and staffing responsibilities under section 485.631 of title 42, code of federal regulations or',
'any successor regulation . 2 rural emergency hospital. the term rural emergency hospital means a facility described in paragraph 3',
'that a note: public information. determination. is enrolled under section 1866 j , submits the additional information described in paragraph',
'4 a for purposes of such enrollment, and makes the detailed transition plan described in clause i of such paragraph',
'available to the public, in a form and manner determined appropriate by the secretary; b does not provide any acute',
'care inpatient services, other than those described in paragraph 6 a ; page 134 stat. 2961 c has in effect',
'a transfer agreement with a level i or level ii trauma center; d meets i licensure requirements as described in',
'paragraph 5 ; ii the requirements of a staffed emergency department as described in paragraph 1 b ; iii such',
'staff training and certification requirements as the secretary may require; iv note: applicability. conditions of participation applicable to i critical',
'access hospitals, with respect to emergency services under section 485.618 of title 42, code of federal regulations or any successor',
'regulation ; and ii note: determination. hospital emergency departments under this title, as determined applicable by the secretary; v such',
'other requirements as the secretary finds necessary in the interest of the health and safety of individuals who are furnished',
'rural emergency hospital services; and vi in the case where the rural emergency hospital includes a distinct part unit of',
'the facility that is licensed as a skilled nursing facility, such distinct part meets the requirements applicable to skilled nursing',
'facilities under this title. 3 facility described. a facility described in this paragraph is a facility that as of the',
'date of the enactment of this subsection a was a critical access hospital; or b was a subsection d hospital',
'as defined in section 1886 d 1 b with not more than 50 beds located in a county or equivalent',
'unit of local government in a rural area as defined in section 1886 d 2 d , or was a',
'subsection d hospital as so defined with not more than 50 beds that was treated as being located in a',
'rural area pursuant to section 1886 d 8 e . 4 additional information. a information. for purposes of paragraph 2',
'a , a facility that submits an application for enrollment under section 1866 j as a rural emergency hospital shall',
'submit the following information at such time and in such form as the secretary may require: i an action plan',
'for initiating rural emergency hospital services as defined in paragraph 1 , including a detailed transition plan that lists the',
'specific services that the facility will i retain; ii modify iii add; and iv discontinue. ii a description of services',
'that the facility intends to furnish on an outpatient basis pursuant to paragraph 1 a ii . iii information regarding',
'how the facility intends to use the additional facility payment provided under section 1834 x 2 , including a description',
'of the services covered under this title that the additional facility payment page 134 stat. 2962 would be supporting, such',
'as furnishing telehealth services and ambulance services, including operating the facility and maintaining the emergency department to provide such services',
'covered under this title. iv note: determination. such other information as the secretary determines appropriate. b effect of enrollment. such',
'enrollment shall remain effective with respect to a facility until such time as i the facility elects to convert back',
'to its prior designation as a critical access hospital or a subsection d hospital as defined in section 1886 d',
'1 b , subject to requirements applicable under this title for such designation and in accordance with procedures established by',
'the secretary; or ii note: determination. the secretary determines the facility does not meet the requirements applicable to a rural',
'emergency hospital under this subsection. 5 licensure. a facility may not operate as a rural emergency hospital in a state',
'unless the facility a is located in a state that provides for the licensing of such hospitals under state or',
'applicable local law; and b i is licensed pursuant to such law; or ii is approved by the agency of',
'such state or locality responsible for licensing hospitals, as meeting the standards established for such licensing. 6 discretionary authority. a',
'rural emergency hospital may a include a unit of the facility that is a distinct part licensed as a skilled',
'nursing facility to furnish post hospital extended care services; and b be considered a hospital with less than 50 beds',
'for purposes of the exception to the payment limit for rural health clinics under section 1833 f . 7 quality',
'measurement. a in general. the secretary shall establish quality measurement reporting requirements for rural emergency hospitals, which may include the',
'use of a small number of claims based outcomes measures or surveys of patients with respect to their experience in',
'the rural emergency hospital, in accordance with the succeeding provisions of this paragraph. b quality reporting by rural emergency hospitals.',
'i note: time period. data. in general. with respect to each year beginning with 2023, or each year beginning on',
'or after the date that is one year after one or more measures are first specified under subparagraph c ,',
'a rural emergency hospital shall submit data to the secretary in accordance with clause ii . ii submission of quality',
'data. with respect to each such year, a rural emergency hospital shall submit to the secretary data on quality measures',
'specified under subparagraph c . such data shall be submitted in a form and manner, and at a time, specified',
'by the secretary for purposes of this subparagraph. c quality measures. i in general. subject to clause ii , any',
'measure specified by the secretary under this subparagraph must page 134 stat. 2963 have been endorsed by the entity with',
'a contract under section 1890 a . ii note: determination. exception. in the case of a specified area or medical',
'topic determined appropriate by the secretary for which a feasible and practical measure has not been endorsed by the entity',
'with a contract under section 1890 a , the secretary may specify a measure that is not so endorsed as',
'long as due consideration is given to measures that have been endorsed or adopted by a consensus organization identified by',
'the secretary. iii consideration of low case volume when specifying performance measures. the secretary shall, in the selection of measures',
'specified under this subparagraph, take into consideration ways to account for rural emergency hospitals that lack sufficient case volume to',
'ensure that the performance rates for such measures are reliable. d note: procedures. public availability of data submitted. the secretary',
'shall establish procedures for making data submitted under subparagraph b available to the public regarding the performance of individual rural',
'emergency hospitals. such procedures shall ensure that a rural emergency hospital has the opportunity to review, and submit corrections for,',
'the data that is to be made public with respect to the rural emergency hospital prior to such data being',
'made public. note: web posting. determination. such information shall be posted on the internet website of the centers for medicare',
'& medicaid services in an easily understandable format as determined appropriate by the secretary. 8 clarification regarding application of provisions',
'relating to off campus outpatient department of a provider. nothing in this subsection, section 1833 a 10 , or section',
'1834 x shall affect the application of paragraph 1 b v of section 1833 t , relating to applicable items',
'and services as defined in subparagraph a of paragraph 21 of such section that are furnished by an off campus',
'outpatient department of a provider as defined in subparagraph b of such paragraph . 9 implementation. there shall be no',
'administrative or judicial review under section 1869, 1878, or otherwise of the following: a the determination of whether a rural',
'emergency hospital meets the requirements of this subsection. b the establishment of requirements under this subsection by the secretary, including',
'requirements described in paragraphs 2 d , 4 , and 7 . c the determination of payment amounts under section',
'1834 x , including the additional facility payment described in paragraph 2 of such section.. 2 payment for rural emergency',
'hospital services. a in general. section 1833 a of the social security act 42 u.s.c. 1395l a is amended i',
'in paragraph 8 , by striking and at the end; ii in paragraph 9 , by striking the period at',
'the end and inserting ; and; and iii by inserting after paragraph 9 the following new paragraph: page 134 stat.',
'2964 10 with respect to rural emergency hospital services furnished on or after january 1, 2023, the amounts determined under',
'section 1834 x .. b payment amount. section 1834 of the social security act 42 u.s.c. 1395m is amended by',
'adding at the end the following subsection: x payment rules relating to rural emergency hospitals. 1 payment for rural emergency',
'hospital services. in the case note: effective date. of rural emergency hospital services as defined in section 1861 kkk 1',
', furnished by a rural emergency hospital as defined in section 1861 kkk 2 on or after january 1, 2023,',
'the amount of payment for such services shall be equal to the amount of payment that would otherwise apply under',
'section 1833 t for covered opd services as defined in section 1833 t 1 b other than clause ii of',
'such section , increased by 5 percent to reflect the higher costs incurred by such hospitals, and shall include the',
'application of any copayment amount determined under section 1833 t 8 as if such increase had not occurred. 2 additional',
'facility payment. a in general. the secretary shall make monthly payments to a rural emergency hospital in an amount that',
'is equal to \1/12\ of the annual additional facility payment specified in subparagraph b . b annual additional facility payment',
'amount. the annual additional facility payment amount specified in this subparagraph is i for 2023, a medicare subsidy amount determined',
'under subparagraph c ; and ii for 2024 and each subsequent year, the amount determined under this subparagraph for the',
'preceding year, increased by the hospital market basket percentage increase. c determination of medicare subsidy amount. for purposes of subparagraph',
'b i , the medicare subsidy amount determined under this subparagraph is an amount equal to i the excess if',
'any of i the total amount that the secretary determines was paid under this title to all critical access hospitals',
'in 2019; over ii the estimated total amount that the secretary determines would have been paid under this title to',
'such hospitals in 2019 if payment were made for inpatient hospital, outpatient hospital, and skilled nursing facility services under the',
'applicable prospective payment systems for such services during such year; divided by ii the total number of such hospitals in',
'2019. d reporting on use of the additional facility payment. a rural emergency hospital receiving the additional facility payment under',
'this paragraph shall maintain detailed information as specified by the secretary as to how the facility has used the additional',
'facility payments. such information shall be made available to the secretary upon request. page 134 stat. 2965 3 payment for',
'ambulance services. for provisions relating to payment for ambulance services furnished by an entity owned and operated by a rural',
'emergency hospital, see section 1834 l . 4 payment for post hospital extended care services. for provisions relating to payment',
'for post hospital extended care services furnished by a rural emergency hospital that has a unit that is a distinct',
'part licensed as a skilled nursing facility, see section 1888 e . 5 source of payments. a in general. except',
'as provided in subparagraph b , payments under this subsection shall be made from the federal supplementary medical insurance trust',
'fund under section 1841. b additional facility payment and post hospital extended care services. payments under paragraph 2 shall be',
'made from the federal hospital insurance trust fund under section 1817.. b provider agreements. 1 agreement with qio. section 1866',
'a of the social security act 42 u.s.c. 1395cc a is amended a in paragraph 1 f ii , by',
'inserting rural emergency hospitals, after critical access hospitals,; and b in paragraph 3 i in subparagraph a , by inserting',
'rural emergency hospital, after critical access hospital,; ii in subparagraph b , by inserting rural emergency hospital, after critical access',
'hospital, each place it appears; and iii in subparagraph c ii ii , by inserting rural emergency hospitals, after critical',
'access hospitals, each place it appears. 2 emergency medical treatment and labor act. a section 1866 a 1 of the',
'social security act 42 u.s.c. 1395cc a 1 is amended i in subparagraph i i in the matter preceding clause',
'i , by striking or critical access hospital and inserting , critical access hospital, or rural emergency hospital; and ii',
'in clause ii , by inserting , critical access hospital, or rural emergency hospital after hospital; and ii in subparagraph',
'n i in the matter preceding clause i , by striking and critical access hospitals and inserting , critical access',
'hospitals, and rural emergency hospitals; ii in clause i , by striking or critical access hospital and inserting , critical',
'access hospital, or rural emergency hospital; and iii in clause iv , by inserting , critical access hospital, or rural',
'emergency hospital after hospital. page 134 stat. 2966 b section 1867 e 5 of such act 42 u.s.c. 1395dd e',
'5 is amended by inserting and a rural emergency hospital as defined in section 1861 kkk 2 before the period.',
'c treatment as telehealth originating site. section 1834 m 4 c ii of the social security act 42 u.s.c. 1395m',
'm 4 c ii is amended by adding at the end the following new subclause: xi a rural emergency hospital',
'as defined in section 1861 kkk 2 .. d conforming amendments. 1 section 1861 u of the social security act',
'42 u.s.c. 1395x u is amended by inserting rural emergency hospital, after critical access hospital,. 2 section 1864 of the',
'social security act 42 u.s.c. 1395aa is amended by inserting before the period at the end of the first sentence',
', or whether a facility is a rural emergency hospital as defined in section 1861 kkk 2 . e studies',
'and reports. 1 note: evaluation. studies. the secretary of health and human services shall conduct 3 studies to evaluate the',
'impact of rural emergency hospitals on the availability of health care and health outcomes in rural areas as defined in',
'section 1886 d 2 d of the social security act 42 u.s.c. 1395ww d 2 d . note: time periods.',
'the secretary shall conduct a study a 4 years after the date of the enactment of this act; b 7',
'years after the date of the enactment of this act; and c 10 years after the date of the enactment',
'of this act. 2 reports. not later than 6 months after each date that the secretary of health and human',
'services is required to conduct a study under paragraph 1 , the secretary shall submit to congress a report containing',
'the results of each such study. 3 note: transfer authority. determination. funding. for purposes of carrying out this subsection, the',
'secretary of health and human services shall provide for the transfer, from the federal hospital insurance trust fund under section',
'1817 of the social security act 42 u.s.c. 1395i and the federal supplementary medical insurance trust fund under section 1841',
'of such act 42 u.s.c. 1395t , in such proportion as the secretary determines appropriate, to the centers for medicare',
'& medicaid services program management account, of $9,000,000. amounts transferred under the preceding sentence shall remain available until expended. f',
'note: 42 usc 1395b 6 note. medpac review of payments to rural emergency hospitals. each report submitted by the medicare',
'payment advisory commission under section 1805 b 1 c of the social security act 42 u.s.c. 1395b 6 b 1',
'c beginning with 2024 , shall include a review of payments to rural emergency hospitals under section 1834 x ,',
'as added by subsection a . g note: 42 usc 1395l note. effective date. the amendments made by this section',
'shall apply to items and services furnished on or after january 1, 2023. page 134 stat. 2967 sec. 126. distribution',
'of additional residency positions. a in general. section 1886 h of the social security act 42 u.s.c. 1395ww h is',
'amended 1 in paragraph 4 f i , by striking paragraphs 7 and 8 and inserting paragraphs 7 , 8',
', and 9 ; 2 in paragraph 4 h i , by striking paragraphs 7 and 8 and inserting paragraphs',
'7 , 8 , and 9 ; 3 in paragraph 7 e , by inserting paragraph 9 , after paragraph',
'8 ,; and 4 by adding at the end the following new paragraph: 9 distribution of additional residency positions. a',
'additional residency positions. i note: time periods. effective date. in general. for fiscal year 2023, and for each succeeding fiscal',
'year until the aggregate number of full time equivalent residency positions distributed under this paragraph is equal to the aggregate',
'number of such positions made available as specified in clause ii i , the secretary shall, subject to the succeeding',
'provisions of this paragraph, increase the otherwise applicable resident limit for each qualifying hospital as defined in subparagraph f that',
'submits a timely application under this subparagraph by such number as the secretary may approve effective beginning july 1 of',
'the fiscal year of the increase. ii number available for distribution. i total number available. the aggregate number of such',
'positions made available under this paragraph shall be equal to 1,000. ii annual limit. the aggregate number of such positions',
'so made available shall not exceed 200 for a fiscal year. iii process for distributing positions. i rounds of applications.',
'the secretary shall initiate a separate round of applications for an increase under clause i for each fiscal year for',
'which such an increase is to be provided. ii note: notification. timing. the secretary shall notify hospitals of the number',
'of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident',
'limit by january 31 of the fiscal year of the increase. such note: effective date. increase shall be effective beginning',
'july 1 of such fiscal year. b note: determinations. distribution. for purposes of providing an increase in the otherwise applicable',
'resident limit under subparagraph a , the following shall apply: i note: time period. considerations in distribution. in determining for',
'which qualifying hospitals such an increase is provided under subparagraph a , the secretary shall take into account the demonstrated',
'likelihood of the hospital filling the positions made available under this paragraph within the first 5 training years beginning after',
'the date the increase would be effective, as determined by the secretary. ii minimum distribution for certain categories of hospitals.',
'with respect to the aggregate number of such positions available for distribution page 134 stat. 2968 under this paragraph, the',
'secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals:',
'i hospitals that are located in a rural area as defined in section 1886 d 2 d or are treated',
'as being located in a rural area pursuant to section 1886 d 8 e . ii hospitals in which the',
'reference resident level of the hospital as specified in subparagraph f iii is greater than the otherwise applicable resident limit.',
'iii hospitals in states with aa new medical schools that received candidate school status from the liaison committee on medical',
'education or that received pre accreditation status from the american osteopathic association commission on osteopathic college accreditation on or after',
'january 1, 2000, and that have achieved or continue to progress toward full accreditation status as such term is defined',
'by the liaison committee on medical education or toward accreditation status as such term is defined by the american osteopathic',
'association commission on osteopathic college accreditation ; or bb additional locations and branch campuses established on or after january 1,',
'2000, by medical schools with full accreditation status as such term is defined by the liaison committee on medical education',
'or accreditation status as such term is defined by the american osteopathic association commission on osteopathic college accreditation . iv',
'hospitals that serve areas designated as health professional shortage areas under section 332 a 1 a of the public health',
'service act, as determined by the secretary. c limitations. i in general. a hospital may not receive more than 25',
'additional full time equivalent residency positions under this paragraph. ii prohibition on distribution to hospitals without an increase agreement. no',
'increase in the otherwise applicable resident limit of a hospital may be made under this paragraph unless such hospital agrees',
'to increase the total number of full time equivalent residency positions under the approved medical residency training program of such',
'hospital by the number of such positions made available by such increase under this paragraph. d application of per resident',
'amounts for primary care and nonprimary care. with respect to additional residency positions in a hospital attributable to the increase',
'provided under this paragraph, the approved fte per resident amounts are deemed to be equal to the hospital page 134',
'stat. 2969 per resident amounts for primary care and nonprimary care computed under paragraph 2 d for that hospital. e',
'permitting facilities to apply aggregation rules. the secretary note: effective date. shall permit hospitals receiving additional residency positions attributable to',
'the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply',
'such positions to the limitation amount under paragraph 4 f that may be aggregated pursuant to paragraph 4 h among',
'members of the same affiliated group. f definitions. in this paragraph: i otherwise applicable resident limit. the term otherwise applicable',
'resident limit means, with respect to a hospital, the limit otherwise applicable under subparagraphs f i and h of paragraph',
'4 on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs 7',
'a , 7 b , 8 a , and 8 b . ii qualifying hospital. the term qualifying hospital means',
'a hospital described in any of subclauses i through iv of subparagraph b ii . iii note: determination. reference resident',
'level. the term reference resident level means, with respect to a hospital, the resident level for the most recent cost',
'reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost',
'report has been settled or, if not, submitted subject to audit , as determined by the secretary. iv resident level.',
'the term resident level has the meaning given such term in paragraph 7 c i .. b ime. section 1886',
'd 5 b of the social security act 42 u.s.c. 1395ww d 5 b is amended 1 in clause v',
', in the third sentence, by striking and h 8 and inserting h 8 , and h 9 ; 2',
'by redesignating clause x , as added by section 5505 b of the patient protection and affordable care act public',
'law 111 148 , as clause xi and moving such clause 4 ems to the left; and 3 by adding',
'after clause xi , as redesignated by subparagraph a , the following new clause: xii for discharges occurring on or',
'after july 1, 2023, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to',
'a hospital under subsection h 9 , the indirect teaching adjustment factor shall be computed in the same manner as',
'provided under clause ii with respect to such resident positions.. c prohibition on judicial review. section 1886 h 7 e',
'of the social security act 42 u.s.c. 1395ww 4 h 7 e is amended by inserting paragraph 9 , after',
'paragraph 8 ,. d reports. 1 note: study. in general. not later than september 30, 2025, and again not later',
'than september 30, 2027, the comptroller general of the united states in this subsection referred to as the comptroller general',
'shall conduct a study and submit to congress a report on page 134 stat. 2970 a the distribution of additional',
'full time equivalent resident positions under paragraph 9 of section 1886 h of the social security act, as added by',
'subsection a ; and b rural track and rotator programs under such section. 2 contents. each report described in paragraph',
'1 shall include a a description of the distribution described in paragraph 1 a and an analysis of the use',
'of such positions so distributed, including a description of the effects of such distribution on rural track and rotator programs;',
'b a specification, with respect to each hospital that has received such a distribution, of whether such hospital has abided',
'by the agreement described in paragraph 9 c ii of section 1886 h of the social security act, as added',
'by subsection a ; and c to the extent practicable, a description of i the type of program in which',
'each such position so distributed is being used; ii the total number of full time equivalent residency positions available in',
'each such program; iii the number of instances in which residents filling such positions so distributed treated individuals entitled to',
'benefits under part a, or enrolled under part b, of title xviii of the social security act 42 u.s.c. 1395',
'et seq. ; iv the location where each resident that filled a position so distributed went on to practice. sec.',
'127. promoting rural hospital gme funding opportunity. section 1886 h 4 h iv of the social security act 42 u.s.c.',
'1395ww h 4 iv is amended 1 by striking iv nonrural hospital operating training programs in rural areas. in the',
'case of and inserting the following: iv training programs in rural areas. i cost reporting periods beginning before october 1,',
'2022. for cost reporting periods beginning before october 1, 2022, in the case of; and 2 by adding at the',
'end the following new subclause: ii cost reporting periods beginning on or after october 1, 2022. for cost reporting periods',
'beginning on or after october 1, 2022, in the case of a hospital not located in a rural area that',
'established or establishes a medical residency training program or rural tracks in a rural area or establishes an accredited program',
'where greater than 50 percent of the program occurs in a rural area, the secretary shall consistent with the principles',
'of subparagraphs f and g and subject to paragraphs 7 and 8 , prescribe rules for the application of such',
'subparagraphs with respect to such a program and, in accordance with such rules, adjust in an appropriate manner the page',
'134 stat. 2971 limitation under subparagraph f for such hospital and each such hospital located in a rural area that',
'participates in such a training.. sec. 128. five year extension of the rural community hospital demonstration program. a extension. 1',
'in general. subsection a 5 of section 410a of the medicare prescription drug, improvement, and modernization act of 2003 public',
'law 108 173; 42 u.s.c. 1395ww note , is amended by striking 10 year extension period and inserting 15 year',
'extension period. 2 conforming amendments for extension. a extension of demonstration period. subsection g of such section 410a is amended',
'i in the subsection heading, by striking ten year and inserting fifteen year; ii in paragraph 1 i by striking',
'additional 10 year and inserting additional 15 year; and ii by striking 10 year extension period and inserting 15 year',
'extension period; iii in paragraph 2 , by striking 10 year extension period and inserting 15 year extension period; iv',
'in paragraph 3 , by striking 10 year extension period and inserting 15 year extension period; v in paragraph 4',
', by striking 10 year extension period each place it appears and inserting 15 year extension period; vi in paragraph',
'5 , by striking 10 year extension period and inserting 15 year extension period; and vii in subparagraph a of',
'paragraph 6 , by striking 10 year extension period and inserting 15 year extension period. b rule for hospitals that',
'are not original participants in the demonstration. paragraph 5 of subsection g of such section 410a is amended i by',
'striking program. during and inserting program. a cures act extension. during; and ii by adding at the end the following',
'new subparagraph: b note: applicability. additional extension. during the third 5 years of the 15 year extension period, the secretary',
'shall apply the provisions of paragraph 4 to rural community hospitals that are not described in paragraph 4 but are',
'participating in the demonstration program under this section as of december 30, 2019, in a similar manner as such provisions',
'apply to rural community hospitals described in paragraph 4 .. b clarifying technical amendments. such section 410a, as amended by',
'subsection a , is further amended 1 in subsection a 1 , by inserting of health and human services after',
'secretary; 2 in subsection f 1 a iv by inserting of the social security act 42 u.s.c. 1395i 4 after',
'section 1820; and 3 in subsection g page 134 stat. 2972 a in the heading of paragraph 4 , by',
'striking hospitals in demonstration program on date of enactment and inserting hospitals participating in the demonstration program during the initial',
'5 year period; and b in paragraph 6 a , by striking not later than 120 days after the date',
'of the enactment of this paragraph and inserting not later than april 12, 2017. sec. 129. extension of frontier community',
'health integration project demonstration. a in general. subsection f of section 123 of the medicare improvements for patients and providers',
'act of 2008 42 u.s.c. 1395i 4 note is amended 1 in paragraph 1 , by striking 3 year period',
'beginning on october 1, 2009 and inserting 3 year period beginning on august 1, 2016 referred to in this section',
'as the initial period , and 5 year period beginning on july 1, 2021 referred to in this section as',
'the extension period ; 2 in paragraph 2 a by striking project. the demonstration and inserting project. a initial period.',
'during the initial period, the demonstration; and b by adding at the end the following new subparagraph: b extension period.',
'during the extension period, the demonstration project under this section shall be considered to have begun in a state on',
'the date during such period on which the eligible counties selected to participate in the demonstration project under subsection d',
'3 begin operations in accordance with the requirements under the demonstration project. ; and 3 by adding at the end',
'the following new paragraph: 3 re entry on a rolling basis for extension period. a critical access hospital participating in',
'the demonstration project under this section during the extension period shall begin such participation in the cost reporting year that',
'begins on or after july 1, 2021.. b eligible entities. subsection d 1 of such section 123 is amended 1',
'in subparagraph b , in the matter preceding clause i , by striking in this section and inserting subject to',
'subparagraph c , in this section; and 2 by adding at the end the following new subparagraph: c extension period.',
'an entity shall only be eligible to participate in the demonstration project under this section during the extension period if',
'the entity participated in the demonstration project under this section during the initial period.. c funding. subsection g 1 of',
'such section 123 is amended 1 in subparagraph a a by striking in general and inserting initial period; and b',
'by inserting with respect to the initial period before the period at the end; and page 134 stat. 2973 2',
'by adding at the end the following new subparagraph: c note: transfer authority. extension period. the secretary shall provide for',
'the transfer of $10,000,000, in appropriate part from the federal hospital insurance trust fund established under section 1817 of the',
'social security act 42 u.s.c. 1395i and the federal supplementary medical insurance trust fund established under section 1841 of such',
'act 42 u.s.c. 1395t , to the centers for medicare & medicaid services for the purposes of carrying out its',
'duties under the demonstration project under this section with respect to the extension period.. sec. 130. improving rural health clinic',
'payments. section 1833 f of the social security act 42 u.s.c. 1395l f is amended 1 in paragraph 2 a',
'by inserting before april 1, 2021 after in a subsequent year; and b by striking this subsection and inserting this',
'paragraph; 2 by redesignating paragraphs 1 and 2 as subparagraphs a and b , respectively; 3 in the matter preceding',
'subparagraph a , as redesignated by paragraph 2 a by inserting 1 after f ; and b by inserting prior',
'to april 1, 2021 after services provided; and 4 by adding at the end the following new paragraphs: 2 in',
'establishing limits under subsection a on payment for rural health clinic services furnished on or after april 1, 2021, by',
'a rural health clinic other than a rural health clinic described in paragraph 3 b , the secretary shall establish',
'such limit, for services provided a in 2021, after march 31, at $100 per visit; b in 2022, at $113',
'per visit; c in 2023, at $126 per visit; d in 2024, at $139 per visit; e in 2025, at',
'$152 per visit; f in 2026, at $165 per visit; g in 2027, at $178 per visit; h in 2028,',
'at $190 per visit; and i in a subsequent year, at the limit established under this paragraph for the previous',
'year increased by the percentage increase in the mei applicable to primary care services furnished as of the first day',
'of such subsequent year. 3 a note: effective date. in establishing limits under subsection a on payment for rural health',
'clinic services furnished on or after april 1, 2021, by a rural health clinic described in subparagraph b , the',
'secretary shall establish such limit, with respect to each such rural health clinic, for services provided i in 2021, after',
'march 31, at an amount equal to the greater of i the per visit payment amount applicable to such rural',
'health clinic for rural health clinic services furnished in 2020, increased by the percentage increase in the mei applicable to',
'primary care services furnished as of the first day of 2021; or page 134 stat. 2974 ii the limit described',
'in paragraph 2 a ; and ii in a subsequent year, at an amount equal to the greater of i',
'the amount established under clause i i or this subclause for the previous year with respect to such rural health',
'clinic, increased by the percentage increase in the mei applicable to primary care services furnished as of the first day',
'of such subsequent year; or ii the limit established under paragraph 2 for such subsequent year. b a rural health',
'clinic described in this subparagraph is a rural health clinic that, as of december 31, 2019, was i in a',
'hospital with less than 50 beds; and ii enrolled under section 1866 j .. sec. 131. note: applicability. medicare gme',
'treatment of hospitals establishing new medical residency training programs after hosting medical resident rotators for short durations. a redetermination of',
'approved fte resident amount. section 1886 h 2 f of the social security act 42 u.s.c. 1395ww h 2 f',
'is amended 1 by inserting i before in the case of; and 2 by adding at the end the following:',
'ii in applying this subparagraph in the case of a hospital that trains residents and has not entered into a',
'gme affiliation agreement as defined by the secretary for purposes of paragraph 4 h ii , on or after the',
'date of the enactment of this clause, the secretary shall not establish an fte resident amount until such time as',
'the secretary determines that the hospital has trained at least 1.0 full time equivalent resident in an approved medical residency',
'training program in a cost reporting period. iii note: effective dates. time periods. in applying this subparagraph for cost reporting',
'periods beginning on or after the date of enactment of this clause, in the case of a hospital that, as',
'of such date of enactment, has an approved fte resident amount based on the training in an approved medical residency',
'program or programs of i less than 1.0 full time equivalent resident in any cost reporting period beginning before october',
'1, 1997, as determined by the secretary; or ii no more than 3.0 full time equivalent residents in any cost',
'reporting period beginning on or after october 1, 1997, and before the date of the enactment of this clause, as',
'determined by the secretary, in lieu of such fte resident amount the secretary shall, in accordance with the methodology described',
'in section 413.77 e of title 42 of the code of federal regulations or any successor regulation , establish a',
'new fte resident amount if the hospital trains at least 1.0 full time equivalent resident in the case of a',
'hospital described in subclause i or more than 3.0 full time equivalent residents in the case of a hospital described',
'in subclause ii in a cost reporting period beginning on or after such date of enactment and before the date',
'that is 5 years after such date of enactment. page 134 stat. 2975 iv for purposes of carrying out this',
'subparagraph for cost reporting periods beginning on or after the date of the enactment of this clause, a hospital shall',
'report full time equivalent residents on its cost report for a cost reporting period if the hospital trains at least',
'1.0 full time equivalent residents in an approved medical residency training program or programs in such period. v as appropriate,',
'the secretary may consider information from any cost reporting period necessary to establish a new fte resident amount as described',
'in clause iii .. b redetermination of fte resident limitation. section 1886 h 4 h i of the social security',
'act 42 u.s.c. 1395ww h 4 h i is amended 1 by inserting i before the secretary; and 2 by',
'adding at the end the following: ii in applying this clause in the case of a hospital that, on or',
'after the date of the enactment of this subclause, begins training residents in a new approved medical residency training program',
'or programs as defined by the secretary , the secretary shall not determine a limitation applicable to the hospital under',
'subparagraph f until such time as the secretary determines that the hospital has trained at least 1.0 full time equivalent',
'resident in such new approved medical residency training program or programs in a cost reporting period. iii in applying this',
'clause in the case of a hospital that, as of the date of the enactment of this subclause, has a',
'limitation under subparagraph f , based on a cost reporting period beginning before october 1, 1997, of less than 1.0',
'full time equivalent resident, the secretary shall adjust the limitation in the manner applicable to a new approved medical residency',
'training program if the secretary determines the hospital begins training at least 1.0 full time equivalent residents in a program',
'year beginning on or after such date of enactment and before the date that is 5 years after such date',
'of enactment. iv in applying this clause in the case of a hospital that, as of the date of the',
'enactment of this subclause, has a limitation under subparagraph f , based on a cost reporting period beginning on or',
'after october 1, 1997, and before such date of enactment, of no more than 3.0 full time equivalent residents, the',
'secretary shall adjust the limitation in the manner applicable to a new approved medical residency training program if the secretary',
'determines the hospital begins training more than 3.0 full time equivalent residents in a program year beginning on or after',
'such date of enactment and before the date that is 5 years after such date of enactment. v an adjustment',
'to the limitation applicable to a hospital made pursuant to subclause iii or iv shall be made in a manner',
'consistent with the methodology, as appropriate, in section 413.79 e of title 42, page 134 stat. 2976 code of federal',
'regulations or any successor regulation . as appropriate, the secretary may consider information from any cost reporting periods necessary to',
'make such an adjustment to the limitation.. c technical and conforming amendments. section 1886 of the social security act 42',
'u.s.c. 1395ww is amended 1 in subsection d 5 b viii , by striking subsection h 4 h and inserting',
'paragraphs 2 f iv and 4 h of subsection h ; and 2 in subsection h a in paragraph 4',
'h iv , by striking an rural area and inserting a rural area; and b in paragraph 7 e ,',
'by striking under this and all that follows through the period at the end and inserting the following: under this',
'paragraph, paragraph 8 , clause i , ii , iii , or v of paragraph 2 f , or clause',
'i or vi of paragraph 4 h .. d note: 42 usc 1395ww note. effective date. the amendments made by',
'this section shall apply to payment under section 1886 of the social security act 42 u.s.c. 1395ww for cost reporting',
'periods beginning on or after the date of the enactment of this act. sec. 132. note: effective date. medicare payment',
'for certain federally qualified health center and rural health clinic services furnished to hospice patients. section 1834 of the social',
'security act 42 u.s.c. 1395m , as amended by section 125 a 2 b , is amended 1 in subsection',
'o , by adding at the end the following new paragraph: 4 payment for attending physician services furnished by federally',
'qualified health centers to hospice patients. in the case of services described in section 1812 d 2 a ii furnished',
'on or after january 1, 2022, by an attending physician as defined in section 1861 dd 3 b , other',
'than a physician or practitioner who is employed by a hospice program who is employed by or working under contract',
'with a federally qualified health center, a federally qualified health center shall be paid for such services under the prospective',
'payment system under this subsection. ; and 2 by adding at the end the following new subsection: y payment for',
'attending physician services furnished by rural health clinics to hospice patients. in the case of services described in section 1812',
'd 2 a ii furnished on or after january 1, 2022, by an attending physician as defined in section 1861',
'dd 3 b , other than a physician or practitioner who is employed by a hospice program who is employed',
'by or working under contract with a rural health clinic, a rural health clinic shall be paid for such services',
'under the methodology for all inclusive rates established by the secretary under section 1833 a 3 , subject to the',
'limits described in section 1833 f .. sec. 133. delay to the implementation of the radiation oncology model under the',
'medicare program. notwithstanding any provision of section 1115a of the social security act 42 u.s.c. 1315a , the secretary of',
'health and human services may not implement the radiation oncology model described in the rule entitled medicare program; specialty care',
'models to improve quality of care and reduce expenditures 85 fed. page 134 stat. 2977 reg. 61114 et seq. ,',
'or any substantially similar model, pursuant to such section before january 1, 2022. sec. 134. improving access to skilled nursing',
'facility services for hemophilia patients. a in general. section 1888 e 2 a iii of the social security act 42',
'u.s.c. 1395yy e 2 a iii is amended by adding at the end the following: vi blood clotting factors indicated',
'for the treatment of patients with hemophilia and other bleeding disorders identified as of july 1, 2020, by hcpcs codes',
'j7170, j7175, j7177 j7183, j7185 j7190, j7192 j7195, j7198 j7203, j7205, j7207 j7211, and as subsequently modified by the secretary',
'and items and services related to the furnishing of such factors under section 1842 o 5 c , and any',
'additional blood clotting factors identified by the secretary and items and services related to the furnishing of such factors under',
'such section.. b note: 42 usc 1395yy note. effective date. the amendment made by subsection a shall apply to items',
'and services furnished on or after october 1, 2021. title ii medicaid extenders and other policies sec. 201. eliminating dsh',
'reductions for fiscal years 2021 through 2023. section 1923 f of the social security act 42 u.s.c. 1396r 4 f',
', as amended by section 1106 of the further continuing appropriations act, 2021, and other extensions act, is amended 1',
'in paragraph 7 a a in clause i , in the matter preceding subclause i , by striking for the',
'period and all that follows through 2025 and inserting for each of fiscal years 2024 through 2027,; and b in',
'clause ii , by striking equal to and all that follows through the period at the end and inserting equal',
'to $8,000,000,000 for each of fiscal years 2024 through 2027; and 2 in paragraph 8 , by striking 2025 and',
'inserting 2027. sec. 202. supplemental payment reporting requirements. section 1903 of the social security act 42 u.s.c. 1396b is amended',
'by adding at the end the following new subsection: bb supplemental payment reporting requirements. 1 collection and availability of supplemental',
'payment data. a note: state and local governments. determination. in general. not later than october 1, 2021, the secretary shall',
'establish a system for each state to submit reports, as determined appropriate by the secretary, on supplemental payments data, as',
'a requirement for a state plan or state plan amendment that would provide for a supplemental payment. page 134 stat.',
'2978 b requirements. each report submitted by a state in accordance with the requirement established under subparagraph a shall include',
'the following: i an explanation of how supplemental payments made under the state plan or a state plan amendment will',
'result in payments that are consistent with section 1902 a 30 a , including standards with respect to efficiency, economy,',
'quality of care, and access, along with the stated purpose and intended effects of the supplemental payment. ii note: criteria.',
'determination. the criteria used to determine which providers are eligible to receive the supplemental payment. iii a comprehensive description of',
'the methodology used to calculate the amount of, and distribute, the supplemental payment to each eligible provider, including i data',
'on the amount of the supplemental payment made to each eligible provider, if known, or, if the total amount is',
'distributed using a formula based on data from 1 or more fiscal years, data on the total amount of the',
'supplemental payments for the fiscal year or years available to all providers eligible to receive a supplemental payment; ii if',
'applicable, the specific criteria with respect to medicaid service, utilization, or cost data to be used as the basis for',
'calculations regarding the amount or distribution of the supplemental payment; and iii the timing of the supplemental payment made to',
'each eligible provider. iv an assurance that the total medicaid payments made to an inpatient hospital provider, including the supplemental',
'payment, will not exceed upper payment limits. v if not already submitted, an upper payment limit demonstration under section 447.272',
'of title 42, code of federal regulations as such section is in effect as of the date of enactment of',
'this subsection . c note: web posting. public availability. the secretary shall make all reports and related data submitted under',
'this paragraph publicly available on the website of the centers for medicare & medicaid services on a timely basis. 2',
'supplemental payment defined. a in general. subject to subparagraph b , in this subsection, the term supplemental payment means a',
'payment to a provider that is in addition to any base payment made to the provider under the state plan',
'under this title or under demonstration authority. b dsh payments excluded. such term does not include a disproportionate share hospital',
'payment made under section 1923.. sec. 203. medicaid shortfall and third party payments. a in general. subsection g of section',
'1923 of the social security act 42 u.s.c. 1396r 4 is amended to read as follows: g limit on amount',
'of payment to hospital. page 134 stat. 2979 1 in general. a amount of adjustment subject to uncompensated costs. a',
'payment adjustment during a fiscal year shall not be considered to be consistent with subsection c with respect to a',
'hospital other than a hospital described in paragraph 2 b if the payment adjustment exceeds an amount equal to i',
'the costs incurred during the year of furnishing hospital services by the hospital to individuals described in subparagraph b minus',
'ii the sum of i payments under this title other than under this section for such services; and ii payments',
'by uninsured patients for such services. b individuals described. for purposes of subparagraph a , the individuals described in this',
'clause are the following: i individuals who are eligible for medical assistance under the state plan or under a waiver',
'of such plan and for whom the state plan or waiver is the primary payor for such services. ii note:',
'determination. subject to subparagraph c , individuals who have no health insurance or other source of third party coverage for',
'services provided during the year, as determined by the secretary. c exclusion of certain payments. for purposes of subparagraph b',
'ii , payments made to a hospital for services provided to indigent patients made by a state or a unit',
'of local government within a state shall not be considered to be a source of third party coverage. 2 application',
'of limits for certain hospitals. a in general. a payment adjustment during a fiscal year shall not be considered to',
'be consistent with subsection c with respect to a hospital described in subparagraph b if the payment adjustment exceeds the',
'higher of i the amount determined for the hospital and fiscal year under paragraph 1 a ; and ii the',
'amount determined for the hospital under paragraph 1 a as in effect on january 1, 2020. b hospitals described. a',
'hospital is described in this subparagraph for a fiscal year if, for the most recent cost reporting period, the hospital',
'is in at least the 97th percentile of all hospitals with respect to i the number of inpatient days for',
'such period that were made up of patients who for such days were entitled to benefits under part a of',
'title xviii and were entitled to supplemental security income benefits under title xvi excluding any state supplementary benefits paid with',
'respect to such patients ; or ii the percentage of total inpatient days that were made up of patients who',
'for such days were described in clause i .. b note: applicability. 42 usc 1396r 4 note. effective date. the',
'amendment made by this section shall take effect on october 1, 2021, and shall apply to payment page 134 stat.',
'2980 adjustments made under section 1923 of the social security act 42 u.s.c. 1396r 4 during fiscal years beginning on',
'or after such date. sec. 204. extension of money follows the person rebalancing demonstration. a in general. 1 funding. section',
'6071 h of the deficit reduction act of 2005 42 u.s.c. 1396a note is amended a in paragraph 1 i',
'in each of subparagraphs f through h , by striking subject to paragraph 3 ,; ii in subparagraph g ,',
'by striking and at the end; iii in subparagraph h , by striking the period and inserting a semicolon; and',
'iv by adding at the end the following new subparagraphs: i for the period beginning on december 19, 2020, and',
'ending on september 30, 2021, the amount equal to the pro rata portion of an annual appropriation of $450,000,000; j',
'$450,000,000 for fiscal year 2022; and k $450,000,000 for fiscal year 2023.; b in paragraph 2 i by striking subject',
'to paragraph 3 , amounts and inserting amounts; and ii by striking 2021 and inserting 2023; and c by striking',
'paragraph 3 . 2 research and evaluation. section 6071 g of the deficit reduction act of 2005 42 u.s.c. 1396a',
'note is amended a in paragraph 2 , by striking 2016 and inserting 2026; and b in paragraph 3 ,',
'by inserting and for each of fiscal years 2021 through 2023 after 2016,. b changes to institutional residency period requirement.',
'1 in general. section 6071 b 2 of the deficit reduction act of 2005 42 u.s.c. 1396a note is amended',
'a in subparagraph a i , by striking 90 and inserting 60; and b by striking the flush sentence after',
'subparagraph b . 2 note: 42 usc 1396a note. effective date. the amendments made by paragraph 1 shall take effect',
'on the date that is 30 days after the date of the enactment of this act. c updates to state',
'application requirements. section 6071 of the deficit reduction act of 2005 42 u.s.c. 1396a note is amended 1 in subsection',
'c a in paragraph 3 , by striking , which shall include and all that follows through 2007; b in',
'paragraph 7 i in the paragraph heading, by striking rebalancing and inserting expenditures; page 134 stat. 2981 ii in subparagraph',
'a , by adding and at the end; and iii in subparagraph b i in clause i , by striking',
'and at the end; ii in clause ii , by striking the period at the end and inserting a semicolon;',
'and iii by adding at the end the following: iii note: work plan. include a work plan that describes for',
'each federal fiscal year that occurs during the proposed mfp demonstration project i the use of grant funds for each',
'proposed initiative that is designed to accomplish the objective described in subsection a 1 , including a funding source for',
'each activity that is part of each such proposed initiative; ii note: evaluation plan. an evaluation plan that identifies expected',
'results for each such proposed initiative; and iii note: sustainability plan. a sustainability plan for components of such proposed initiatives',
'that are intended to improve transitions, which shall be updated with actual expenditure information for each federal fiscal year that',
'occurs during the mfp demonstration project; and iv note: deadlines. contain assurances that grant funds used to accomplish the objective',
'described in subsection a 1 shall be obligated not later than 24 months after the date on which the funds',
'are awarded and shall be expended not later than 60 months after the date on which the funds are awarded',
'unless the secretary waives either such requirement . ; and c in paragraph 13 i in subparagraph a , by',
'striking ; and and inserting , and in such manner as will meet the reporting requirements set forth for the',
'transformed medicaid statistical information system t msis ;; ii by redesignating subparagraph b as subparagraph d ; and iii by',
'inserting after subparagraph a the following: b note: reports. the state shall report on a quarterly basis on the use',
'of grant funds by distinct activity, as described in the approved work plan, and by specific population as targeted by',
'the state; c note: action plan. if the state fails to report the information required under subparagraph b , fails',
'to report such information on a quarterly basis, or fails to make progress under the approved work plan, the state',
'shall implement a corrective action plan approved by the secretary; and; and 2 in subsection d 4 , by adding',
'at the end the following new subparagraph: c corrective action plan progress. in the case of a state required to',
'implement a corrective action plan under subparagraph c of subsection c 13 , the state must implement such plan and',
'demonstrate progress in reporting information under subparagraph b of such subsection or progress under the approved work plan as applicable',
'.. page 134 stat. 2982 d funding for quality assurance and improvement; technical assistance; oversight. section 6071 f of the',
'deficit reduction act of 2005 42 u.s.c. 1396a note is amended by striking paragraph 2 and inserting the following: 2',
'funding. from the amounts appropriated under subsection h 1 , $3,000,000 shall be available to the secretary to carry out',
'this subsection. such amount shall remain available until expended.. e best practices evaluation. section 6071 of the deficit reduction act',
'of 2005 42 u.s.c. 1396a note is amended by adding at the end the following: i best practices. 1 note:',
'grants. contracts. report. the secretary, directly or through grant or contract, shall submit a report to the president and congress',
'not later than september 30, 2022, that contains findings and conclusions on best practices from mfp demonstration projects carried out',
'with grants made under this section. the note: analyses. report shall include information and analyses with respect to the following:',
'a the most effective state strategies for transitioning beneficiaries from institutional to qualified community settings carried out under mfp demonstration',
'projects and how such strategies may vary for different types of beneficiaries, such as beneficiaries who are aged, physically disabled,',
'intellectually or developmentally disabled, or individuals with serious mental illnesses, and other targeted waiver beneficiary populations under section 1915 c',
'of the social security act. b the most common and the most effective state uses of grant funds carried out',
'under demonstration projects for transitioning beneficiaries from institutional to qualified community settings and improving health outcomes, including differentiating funding for',
'current initiatives that are designed for such purpose and funding for proposed initiatives that are designed for such purpose. c',
'the most effective state approaches carried out under mfp demonstration projects for improving person centered care and planning. d identification',
'of program, financing, and other flexibilities available under mfp demonstration projects, that are not available under the traditional medicaid program,',
'and which directly contributed to successful transitions and improved health outcomes under mfp demonstration projects. e state strategies and financing',
'mechanisms for effective coordination of housing financed or supported under mfp demonstration projects with local housing authorities and other resources.',
'f effective state approaches for delivering money follows the person transition services through managed care entities. g note: determination. other',
'best practices and effective transition strategies demonstrated by states with approved mfp demonstration projects, as determined by the secretary. page',
'134 stat. 2983 h identification and analyses of opportunities and challenges to integrating effective money follows the person practices and',
'state strategies into the traditional medicaid program. 2 collaboration. in preparing the report required under this subsection, the secretary shall',
'collect and incorporate information from states with approved mfp demonstration projects and beneficiaries participating in such projects, and providers participating',
'in such projects. 3 waiver of paperwork reduction act. chapter 35 of title 44, united states code, shall not apply',
'to preparation of the report described in paragraph 1 or collection of information described in paragraph 2 . 4 funding.',
'from the amounts appropriated under subsection h 1 for each of fiscal years 2021 and 2022, not more than $300,000',
'shall be available to the secretary for each such fiscal year to carry out this subsection.. f macpac report on',
'qualified settings criteria. section 6071 of the deficit reduction act of 2005 42 u.s.c. 1396a note , as amended by',
'subsection e , is further amended by adding at the end the following: j macpac report. prior to the final',
'implementation date established by the secretary for the criteria established for home and community based settings in section 441.301 c',
'4 of title 42, code of federal regulations, as part of final implementation of the home and community based services',
'hcbs final rule published on january 16, 2014 79 fed. reg. 2947 referred to in this subsection as the hcbs',
'final rule , the medicaid and chip payment and access commission macpac shall submit to congress a report that 1',
'identifies the types of home and community based settings and associated services that are available to eligible individuals in both',
'the mfp demonstration program and sites in compliance with the hcbs final rule; and 2 note: determination. recommenda tions. if',
'determined appropriate by the commission, recommends policies to align the criteria for a qualified residence under subsection b 6 as',
'in effect on october 1, 2017 with the criteria in the hcbs final rule.. g note: deadline. 42 usc 1396a',
'note. application to current projects. not later than 1 year after the date of the enactment of this act, the',
'secretary shall update the terms and conditions of any approved mfp demonstration project under section 6071 of the deficit reduction',
'act of 2005 42 u.s.c. 1396a note in effect on the date of the enactment of this act to ensure',
'that such terms and conditions are the same as are required for any new state applicant for such project under',
'the amendments made by this section. sec. 205. extension of spousal impoverishment protections. a in general. section 2404 of the',
'patient protection and affordable care act 42 u.s.c. 1396r 5 note is amended by striking december 18, 2020 and inserting',
'september 30, 2023. b note: 42 usc 1396a note. rule of construction. nothing in section 2404 of public law 111',
'148 42 u.s.c. 1396r 5 note or section 1902 a 17 or 1924 of the social security act 42 u.s.c.',
'1396a a 17 , 1396r 5 shall be construed as prohibiting a state from page 134 stat. 2984 1 applying',
'an income or resource disregard under a methodology authorized under section 1902 r 2 of such act 42 u.s.c. 1396a',
'r 2 a to the income or resources of an individual described in section 1902 a 10 a ii vi',
'of such act 42 u.s.c. 1396a a 10 a ii vi including a disregard of the income or resources of',
'such individuals spouse ; or b on the basis of an individuals need for home and community based services authorized',
'under subsection c , d , i , or k of section 1915 of such act 42 u.s.c. 1396n or',
'under section 1115 of such act 42 u.s.c. 1315 ; or 2 disregarding an individuals spousal income and assets under',
'a plan amendment to provide medical assistance for home and community based services for individuals by reason of being determined',
'eligible under section 1902 a 10 c of such act 42 u.s.c. 1396a a 10 c or by reason of',
'section 1902 f of such act 42 u.s.c. 1396a f or otherwise on the basis of a reduction of income',
'based on costs incurred for medical or other remedial care under which the state disregarded the income and assets of',
'the individuals spouse in determining the initial and ongoing financial eligibility of an individual for such services in place of',
'the spousal impoverishment provisions applied under section 1924 of such act 42 u.s.c. 1396r 5 . sec. 206. extension of',
'community mental health services demonstration program. section 223 d of the protecting access to medicare act of 2014 42 u.s.c.',
'1396a note , as amended by section 1104 of the further continuing appropriations act, 2021, and other extensions act, is',
'amended 1 in paragraph 3 , by striking under this subsection and all that follows through the period and inserting',
'that meet the requirements of this subsection through september 30, 2023.; 2 in paragraph 5 c iii i , by',
'striking during the 8 fiscal quarter period or any portion of the period that begins on january 1, 2020 and',
'inserting through september 30, 2023; 3 in paragraph 5 c iii ii , by inserting before the period at the',
'end or through september 30, 2023, whichever is longer; 4 in paragraph 8 a , by striking to participate and',
'all that follows through the period and inserting to conduct demonstration programs that meet the requirements of this subsection for',
'2 years or through september 30, 2023, whichever is longer.. sec. 207. clarifying authority of state medicaid fraud and abuse',
'control units to investigate and pros ecute cases of medicaid patient abuse and neglect in any setting. a in general.',
'section 1903 q 4 a ii of the social security act 42 u.s.c. 1396b q 4 a ii is amended',
'by inserting after patients residing in board and care facilities the following: and of patients who are receiving medical assistance',
'under the state plan under this title or waiver of such plan in a noninstitutional or other setting. page 134',
'stat. 2985 b availability of funding. section 1903 a 6 of the social security act 42 u.s.c. 1396b a 6',
'is amended, in the matter following subparagraph b , by striking as found necessary by the secretary for the elimination',
'of fraud in the provision and administration of medical assistance provided under the state plan or waiver of such plan',
'. sec. 208. medicaid coverage for citizens of freely associated states. a in general. section 402 b 2 of the',
'personal responsibility and work opportunity reconciliation act of 1996 8 u.s.c. 1612 b 2 is amended by adding at the',
'end the following new subparagraph: g medicaid exception for citizens of freely associated states. 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.. b exception to 5 year limited eligibility. section 403 b of such act 8 u.s.c. 1613',
'b is amended by adding at the end the following new paragraph: 3 exception for citizens of freely associated states.',
'an individual described in section 402 b 2 g , but only with respect to the designated federal program defined',
'in section 402 b 3 c .. c definition of qualified alien. section 431 b of such act 8 u.s.c.',
'1641 b is amended 1 in paragraph 6 , by striking ; or at the end and inserting a comma;',
'2 in paragraph 7 , by striking the period at the end and inserting , or; and 3 by adding',
'at the end the following new paragraph: 8 an individual who lawfully resides in the united states in accordance with',
'a compact of free association referred to in section 402 b 2 g , but only with respect to the',
'designated federal program defined in section 402 b 3 c relating to the medicaid program .. d conforming amendments. section',
'1108 of the social security act 42 u.s.c. 1308 is amended 1 in subsection f , in the matter preceding',
'paragraph 1 , by striking subsection g and section 1935 e 1 b and inserting subsections g and h and',
'section 1935 e 1 b ; and 2 by adding at the end the following: h exclusion of medical assistance',
'expenditures for citizens of freely associated states. expenditures for medical page 134 stat. 2986 assistance provided to an individual described',
'in section 431 b 8 of the personal responsibility and work opportunity reconciliation act of 1996 8 u.s.c. 1641 b',
'8 shall not be taken into account for purposes of applying payment limits under subsections f and g .. e',
'note: 8 usc 1612 note. effective date. the amendments made by this section shall apply to benefits for items and',
'services furnished on or after the date of the enactment of this act. sec. 209. medicaid coverage of certain medical',
'transportation. a continuing requirement of medicaid coverage of necessary transportation. 1 requirement. section 1902 a 4 of the social security',
'act 42 u.s.c. 1396a a 4 is amended a by striking and including provision for utilization and inserting including provision',
'for utilization; and b by inserting after supervision of administration of the plan the following: , and, subject to section',
'1903 i , including a specification that the single state agency described in paragraph 5 will ensure necessary transportation for',
'beneficiaries under the state plan to and from providers and a description of the methods that such agency will use',
'to ensure such transportation. 2 application with respect to benchmark benefit packages and benchmark equivalent coverage. section 1937 a 1',
'of the social security act 42 u.s.c. 1396u 7 a 1 is amended a in subparagraph a , by striking',
'subsection e and inserting subparagraphs e and f ; and b by adding at the end the following new subparagraph:',
'f necessary transportation. notwithstanding the preceding provisions of this paragraph, a state may not provide medical assistance through the enrollment',
'of an individual with benchmark coverage or benchmark equivalent coverage described in subparagraph a i unless, subject to section 1903',
'i 9 and in accordance with section 1902 a 4 , the benchmark benefit package or benchmark equivalent coverage or',
'the state i ensures necessary transportation for individuals enrolled under such package or coverage to and from providers; and ii',
'provides a description of the methods that will be used to ensure such transportation.. 3 limitation on federal financial participation.',
'section 1903 i of the social security act 42 u.s.c. 1396b i is amended by inserting after paragraph 8 the',
'following new paragraph: 9 with respect to any amount expended for non emergency transportation authorized under section 1902 a 4',
', unless the state plan provides for the methods and procedures required under section 1902 a 30 a ; or.',
'4 note: 42 usc 1396a note. effective date. the amendments made by this subsection shall take effect on the date',
'of the enactment of this act and shall apply to transportation furnished on or after such date. page 134 stat.',
'2987 b medicaid program integrity measures related to coverage of nonemergency medical transportation. 1 note: deadline. gao study. not later',
'than two years after the date of the enactment of this act, the comptroller general of the united states shall',
'conduct a study, and submit to congress, a report on coverage under the medicaid program under title xix of the',
'social security act of nonemergency transportation to services. such study shall take into account the 2009 report of the office',
'of the inspector general of the department of health and human services, titled fraud and abuse safeguards for state medicaid',
'nonemergency medical transportation services oei 06 07 00320 . note: examinations. such report shall include the following: a an examination',
'of the 50 states and the district of columbia to identify safeguards to prevent and detect fraud and abuse with',
'respect to coverage under the medicaid program of nonemergency transportation to covered services. b an examination of transportation brokers to',
'identify the range of safeguards against such fraud and abuse to prevent improper payments for such transportation. c identification of',
'the numbers, types, and outcomes of instances of fraud and abuse, with respect to coverage under the medicaid program of',
'such transportation, that state medicaid fraud control units have investigated in recent years. d identification of commonalities or trends in',
'program integrity, with respect to such coverage, to inform risk management strategies of states and the centers for medicare &',
'medicaid services. 2 stakeholder meetings. a note: deadline. in general. not later than 18 months after the date of the',
'enactment of this act, the secretary of health and human services, through the centers for medicare & medicaid services, shall',
'convene a series of meetings to obtain input from appropriate stakeholders to facilitate discussion and shared learning about the leading',
'practices for improving medicaid program integrity, with respect to coverage of nonemergency transportation to medically necessary services. b topics. the',
'meetings convened under subparagraph a shall i focus on ongoing challenges to medicaid program integrity as well as leading practices',
'to address such challenges; and ii address specific challenges raised by stakeholders involved in coverage under the medicaid program of',
'nonemergency transportation to covered services, including unique considerations for specific groups of medicaid beneficiaries meriting particular attention, such as american',
'indians and tribal land issues or accommodations for individuals with disabilities. c stakeholders. stakeholders described in subparagraph a shall include',
'individuals from state medicaid programs, brokers for nonemergency transportation to medically necessary services that meet the criteria described in section',
'1902 a 70 b of the social security page 134 stat. 2988 act 42 u.s.c. 1396a a 70 b ,',
'providers including transportation network companies , medicaid patient advocates, and such other individuals specified by the secretary. 3 note: deadline.',
'assessment. updates. 42 usc 1396a note. guidance review. not later than 24 months after the date of the enactment of',
'this act, the secretary of health and human services, through the centers for medicare & medicaid services, shall assess guidance',
'issued to states by the centers for medicare & medicaid services relating to federal requirements for nonemergency transportation to medically',
'necessary services under the medicaid program under title xix of the social security act and update such guidance as necessary',
'to ensure states have appropriate and current guidance in designing and administering coverage under the medicaid program of nonemergency transportation',
'to medically necessary services. 4 nemt transportation provider and driver requirements. a state plan requirement. section 1902 a of the',
'social security act 42 u.s.c. 1396a a is amended i by striking and at the end of paragraph 85 ;',
'ii by striking the period at the end of paragraph 86 and inserting ; and; and iii by inserting after',
'paragraph 86 the following new paragraph: 87 provide for a mechanism, which may include attestation, that ensures that, with respect',
'to any provider including a transportation network company or individual driver of nonemergency transportation to medically necessary services receiving payments',
'under such plan but excluding any public transit authority , at a minimum a each such provider and individual driver',
'is not excluded from participation in any federal health care program as defined in section 1128b f and is not',
'listed on the exclusion list of the inspector general of the department of health and human services; b each such',
'individual driver has a valid drivers license; c note: violation. each such provider has in place a process to address',
'any violation of a state drug law; and d note: disclosure. each such provider has in place a process to',
'disclose to the state medicaid program the driving history, including any traffic violations, of each such individual driver employed by',
'such provider, including any traffic violations.. b note: 42 usc 1396a note. effective date. i in general. except as provided',
'in clause ii , the amendments made by subparagraph a shall take effect on the date of the enactment of',
'this act and shall apply to services furnished on or after the date that is one year after the date',
'of the enactment of this act. ii note: plans. determination. exception. in the case of a state plan under title',
'xix of the social security act 42 u.s.c. 1396 et seq. , or waiver of such plan, that the secretary',
'of health and human services determines requires state legislation in order for the respective plan to meet any requirement imposed',
'by amendments made page 134 stat. 2989 by this section, the respective plan shall not be regarded as failing to',
'comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement',
'before the first day of the first calendar quarter beginning after the close of the first regular session of the',
'state legislature that begins after the date of the enactment of this act. for purposes of the previous sentence, in',
'the case of a state that has a 2 year legislative session, each year of the session shall be considered',
'to be a separate regular session of the state legislature. 5 note: reports. analysis of t msis data. not later',
'than one year after the date of the enactment of this act, the secretary of health and human services, through',
'the centers for medicare & medicaid services, shall analyze, and submit to congress a report on, the nation wide data',
'set under the transformed medicaid statistical information system to identify recommendations relating to coverage under the medicaid program under title',
'xix of the social security act of nonemergency transportation to medically necessary services. c note: 42 usc 1396a note. consultation',
'relating to nonemergency medical transportation. in the case of a state that exercises the option described in section 1902 a',
'70 of the social security act 42 u.s.c. 1396a a 7 , in establishing a non emergency medical transportation brokerage',
'program under such section, a state medicaid agency may consult relevant stakeholders, including stakeholders representing patients, medical providers, medicaid managed',
'care organizations, brokers for non emergency medical transportation, and transportation providers including public transportation providers . sec. 210. promoting access',
'to life saving therapies for medicaid enrollees by ensuring coverage of rou tine patient costs for items and services fur',
'nished in connection with participation in quali fying clinical trials. a in general. section 1905 of the social security act',
'42 u.s.c. 1396d is amended 1 in subsection a a in paragraph 29 , by striking and at the end;',
'b by redesignating paragraph 30 as paragraph 31 ; and c by inserting after paragraph 29 the following new paragraph:',
'30 subject to subsection gg , routine patient costs for items and services furnished in connection with participation in a',
'qualifying clinical trial as defined in such subsection ; and; and 2 by adding at the end the following new',
'subsection: gg 1 routine patient costs. for purposes of subsection a 30 , with respect to a state and an',
'individual enrolled under the state plan or a waiver of such plan who participates in a qualifying clinical trial, routine',
'patient costs a include any item or service provided to the individual under the qualifying clinical trial, including page 134',
'stat. 2990 i any item or service provided to prevent, diagnose, monitor, or treat complications resulting from such participation, to',
'the extent that the provision of such an item or service to the individual outside the course of such participation',
'would otherwise be covered under the state plan or waiver; and ii any item or service required solely for the',
'provision of the investigational item or service that is the subject of such trial, including the administration of such investigational',
'item or service; and b does not include i an item or service that is the investigational item or service',
'that is i the subject of the qualifying clinical trial; and ii not otherwise covered outside of the clinical trial',
'under the state plan or waiver; or ii an item or service that is i provided to the individual solely',
'to satisfy data collection and analysis needs for the qualifying clinical trial and is not used in the direct clinical',
'management of the individual; and ii not otherwise covered under the state plan or waiver. 2 qualifying clinical trial defined.',
'a in general. for purposes of this subsection and subsection a 30 , the term qualifying clinical trial means a',
'clinical trial in any clinical phase of development that is conducted in relation to the prevention, detection, or treatment of',
'any serious or life threatening disease or condition and is described in any of the following clauses: i the study',
'or investigation is approved, conducted, or supported which may include funding through in kind contributions by one or more of',
'the following: i the national institutes of health. ii the centers for disease control and prevention. iii the agency for',
'healthcare research and quality. iv the centers for medicare & medicaid services. v a cooperative group or center of any',
'of the entities described in subclauses i through iv or the department of defense or the department of veterans affairs.',
'vi a qualified non governmental research entity identified in the guidelines issued by the national institutes of health for center',
'support grants. vii any of the following if the conditions described in subparagraph b are met: aa the department of',
'veterans affairs. bb the department of defense. cc the department of energy. ii the clinical trial is conducted pursuant to',
'an investigational new drug exemption under section 505 i of the federal food, drug, and cosmetic act or an exemption',
'for a biological product undergoing investigation under section 351 a 3 of the public health service act. page 134 stat.',
'2991 iii the clinical trial is a drug trial that is exempt from being required to have an exemption described',
'in clause ii . b note: peer review. determination. conditions. for purposes of subparagraph a i vii , the conditions',
'described in this subparagraph, with respect to a clinical trial approved or funded by an entity described in such subparagraph',
'a i vii , are that the clinical trial has been reviewed and approved through a system of peer review',
'that the secretary determines i to be comparable to the system of peer review of studies and investigations used by',
'the national institutes of health; and ii assures unbiased review of the highest scientific standards by qualified individuals with no',
'interest in the outcome of the review. 3 coverage determination requirements. a determination with respect to coverage under subsection a',
'30 for an individual participating in a qualifying clinical trial a note: deadline. shall be expedited and completed within 72',
'hours; b shall be made without limitation on the geographic location or network affiliation of the health care provider treating',
'such individual or the principal investigator of the qualifying clinical trial; c note: public information. web posting. shall be based',
'on attestation regarding the appropriateness of the qualifying clinical trial by the health care provider and principal investigator described in',
'subparagraph b , which shall be made using a streamlined, uniform form developed for state use by the secretary and',
'that includes the option to reference information regarding the qualifying clinical trial that is publicly available on a website maintained',
'by the secretary, such as clinicaltrials.gov or a successor website ; and d shall not require submission of the protocols',
'of the qualifying clinical trial, or any other documentation that may be proprietary or determined by the secretary to be',
'burdensome to provide.. b requiring mandatory coverage under state plan. section 1902 a 10 a of such act is amended,',
'in the matter preceding clause i , by striking and 29 and inserting 29 , and 30 . c inclusion',
'in benchmark coverage. section 1937 b 5 of such act is amended by inserting before the period at the end',
'the following: , and beginning january 1, 2022, coverage of routine patient costs for items and services furnished in connection',
'with participation in a qualifying clinical trial as defined in section 1905 gg . d exemption of additional expenditures from',
'payment limits for territories. section 1108 g 4 of the social security act 42 u.s.c. 1308 g 4 is amended',
'1 by striking with respect to and inserting the following: a in general. with respect to; and 2 by adding',
'at the end the following new subparagraph: b additional exemption. payments under section 1903 for medical assistance consisting of routine',
'patient costs as defined in section 1905 gg 1 shall not be taken into account in applying subsection f ..',
'e note: 42 usc 1308 note. effective date. page 134 stat. 2992 1 in general. the amendments made by this',
'section shall apply with respect to items and services furnished on or after january 1, 2022. 2 note: determination. exception',
'for state legislation. in the case of a state plan under title xix of the social security act 42 u.s.c.',
'1396 et seq. , or waiver of such plan, that the secretary of health and human services determines requires state',
'legislation in order for the respective plan to meet any requirement imposed by amendments made by this section, the respective',
'plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of',
'its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the',
'close of the first regular session of the state legislature that begins after the date of the enactment of this',
'act. for purposes of the previous sentence, in the case of a state that has a 2 year legislative session,',
'each year of the session shall be considered to be a separate regular session of the state legislature. title iii',
'human services sec. 301. note: 42 usc 601 note. extension of tanf, child care entitlement to states, and related programs.',
'activities authorized by part a of title iv and section 1108 b of the social security act shall continue through',
'september 30, 2021, in the manner authorized for fiscal year 2020, and out of any money in the treasury of',
'the united states not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. grants',
'note: time periods. and payments may be made pursuant to this authority on a quarterly basis through the 4th quarter',
'of fiscal year 2021 at the level provided for such activities for the corresponding quarter of fiscal year 2020. sec.',
'302. personal responsibility education extension. section 513 of the social security act 42 u.s.c. 713 is amended 1 in subsection',
'a a in paragraph 1 i in subparagraph a i in the matter preceding clause i , by striking 2020',
'and for the period beginning october 1, 2020, and ending december 18, 2020 and inserting 2023; and ii in clause',
'i , by striking or period; ii in subparagraph b i , by striking the 2nd sentence; iii in subparagraph',
'c i i by striking or the period described in subparagraph a ; and ii by striking or period; b',
'in paragraph 3 i by striking or the period described in paragraph 1 a ; and ii by striking or',
'period; and c in paragraph 4 page 134 stat. 2993 i by striking 2020 and for the period described in',
'paragraph 1 a and inserting 2023; ii by striking 2020 and for the period so described and inserting 2023; and',
'iii by striking or the period so described; 2 in subsection c a in each of paragraphs 1 and 2',
', by striking subject to paragraph 3 , from and inserting from; and b by striking paragraph 3 ; and',
'3 in subsection f , by striking 2020, and for the period beginning on october 1, 2020, and ending on',
'december 18, 2020, the amount equal to the pro rata portion of the amount appropriated for such period for fiscal',
'year 2020 and inserting 2023. sec. 303. sexual risk avoidance education extension. section 510 of the social security act 42',
'u.s.c. 710 is amended 1 in subsection a a in paragraph 1 i in the matter preceding subparagraph a i',
'by striking 2020 and for the period beginning october 1, 2020, and ending december 18, 2020 and inserting 2023; and',
'ii by striking or, with respect to such period, for fiscal year 2021 ; and ii in subparagraph a ,',
'by striking or period each place it appears; b in paragraph 2 i in subparagraph a i by striking 2020',
'and for the period beginning october 1, 2020, and ending december 18, 2020 and inserting 2023; and ii by striking',
'or, with respect to such period, for fiscal year 2021 ; and ii in subparagraph b i , by striking',
'or, with respect to the period described in subparagraph a , for fiscal year 2021 ; and 2 in subsection',
'f a in paragraph 1 , by striking 2020, and for the period beginning on october 1, 2020, and ending',
'on december 18, 2020, the amount equal to the pro rata portion of the amount appropriated for such period for',
'fiscal year 2020 and inserting 2023; and b in paragraph 2 , by striking 2020, and for the period described',
'in paragraph 1 , and inserting 2023,. sec. 304. extension of support for current health professions opportunity grants. out of',
'any money in the treasury of the united states not otherwise appropriated, there are hereby appropriated to the secretary of',
'health and human services $3,600,000, which shall be available 1 note: time period. through the end of fiscal year 2021',
'for necessary administrative expenses to carry out grants made under section 2008 a of the social security act before the',
'date of the enactment of this act; and page 134 stat. 2994 2 through the end of fiscal year 2022',
'for research, evaluation, and reporting under such section, and for necessary administrative expenses to carry out these activities. sec. 305.',
'extension of marylee allen promoting safe and stable families program and state court sup port. a extensions. section 436 of',
'the social security act 42 u.s.c. 629f is amended in each of subsections a , b 4 a , b',
'5 , and f 10 by striking 2021 and inserting 2022. b program changes. section 438 of such act 42',
'u.s.c. 629h is amended 1 in subsection a a in paragraph 2 i in subparagraph a , by inserting in',
'a timely and complete manner before , as set forth; and ii in subparagraph c , by striking the semicolon',
'and inserting , including by training judges, attorneys, and other legal personnel. ; and b by striking paragraphs 3 and',
'4 ; 2 in subsection b a by striking paragraph 2 ; b by striking all that precedes be eligible',
'to receive and inserting the following: b applications. in order to; and c in the matter preceding paragraph 2 i',
'by moving the matter 2 ems to the left; ii in subparagraph a i by striking a in the case',
'of a grant for the purpose described in subsection a 3 , and inserting 1 ; and ii by inserting',
'use not less than 30 percent of grant funds to before collaborate; iii in subparagraph b , by striking b',
'in the case of a grant for the purpose described in subsection a 4 , and inserting 2 ; and',
'iv in subparagraph c , by striking c in the case of a grant for the purpose described in subsection',
'a , and inserting 3 ; 3 by striking subsection c and inserting the following: c amount of grant. 1',
'in general. from the amounts reserved under sections 436 b 2 and 437 b 2 for a fiscal year, each',
'highest state court that has an application approved under this section for the fiscal year shall be entitled to payment',
'of an amount equal to the sum of a $255,000; and b the amount described in paragraph 2 with respect',
'to the court and the fiscal year. 2 amount described. the amount described in this paragraph with respect to a',
'court and a fiscal year is the amount that bears the same ratio to the total of the amounts reserved',
'under sections 436 b 2 and 437 b 2 for grants under this section for the fiscal year after applying',
'paragraphs 1 a and 3 of this subsection as the number of individuals in the state in which the court',
'is located who have not attained 21 years of age bears to the total number of such individuals page 134',
'stat. 2995 in all states with a highest state court that has an approved application under this section for the',
'fiscal year. 3 indian tribes. from the amounts reserved under section 436 b 2 for a fiscal year, the secretary',
'shall, before applying paragraph 1 of this subsection, allocate $1,000,000 for grants to be awarded on a competitive basis among',
'the highest courts of indian tribes or tribal consortia that a are operating a program under part e, in accordance',
'with section 479b; b are seeking to operate a program under part e and have received an implementation grant under',
'section 476; or c have a court responsible for proceedings related to foster care or adoption. ; and 4 in',
'subsection d , by striking 2017 through 2021 and inserting 2018 through 2022. c note: 42 usc 629f note. effective',
'date. the amendments made by this section shall take effect on october 1, 2021. title iv health offsets sec. 401.',
'requiring certain manufacturers to report drug pricing information with respect to drugs under the medicare program. a in general. section',
'1847a of the social security act 42 u.s.c. 1395w 3a is amended 1 in subsection b a in paragraph 2',
'a , by inserting or subsection f 2 , as applicable before the period at the end; b in paragraph',
'3 , in the matter preceding subparagraph a , by inserting or subsection f 2 , as applicable, before determined',
'by; and c in paragraph 6 a , in the matter preceding clause i , by inserting or subsection f',
'2 , as applicable, before determined by; and 2 in subsection f a by striking for requirements and inserting the',
'following: 1 in general. for requirements; and b by adding at the end the following new paragraph: 2 manufacturers without',
'a rebate agreement under title xix. a note: time period. effective date. reports. in general. if the manufacturer of a',
'drug or biological described in subparagraph c , e , or g of section 1842 o 1 or in section',
'1881 b 14 b that is payable under this part has not entered into and does not have in effect',
'a rebate agreement described in subsection b of section 1927, for calendar quarters beginning on january 1, 2022, such manufacturer',
'shall report to the secretary the information described in subsection b 3 a iii of such section 1927 with respect',
'to such drug or biological in a time and manner specified by the secretary. note: applicability. for purposes of applying',
'this paragraph, a drug or biological described in the previous sentence includes items, services, supplies, and products that are payable',
'under this part as a drug or biological. page 134 stat. 2996 b audit. information reported under subparagraph a is',
'subject to audit by the inspector general of the department of health and human services. c note: survey. verification. the',
'secretary may survey wholesalers and manufacturers that directly distribute drugs or biologicals described in subparagraph a , when necessary, to',
'verify manufacturer prices and manufacturers average sales prices including wholesale acquisition cost if required to make payment reported under subparagraph',
'a . note: penalty. the secretary may impose a civil monetary penalty in an amount not to exceed $100,000 on',
'a wholesaler, manufacturer, or direct seller, if the wholesaler, manufacturer, or direct seller of such a drug or biological refuses',
'a request for information about charges or prices by the secretary in connection with a survey under this subparagraph or',
'knowingly provides false information. the note: applicability. provisions of section 1128a other than subsections a with respect to amounts of',
'penalties or additional assessments and b shall apply to a civil money penalty under this subparagraph in the same manner',
'as such provisions apply to a penalty or proceeding under section 1128a a . d note: reviews. confidentiality. notwithstanding any',
'other provision of law, information disclosed by manufacturers or wholesalers under this paragraph other than the wholesale acquisition cost for',
'purposes of carrying out this section is confidential and shall not be disclosed by the secretary in a form which',
'discloses the identity of a specific manufacturer or wholesaler or prices charged for drugs or biologicals by such manufacturer or',
'wholesaler, except i note: determination. as the secretary determines to be necessary to carry out this section including the determination',
'and implementation of the payment amount , or to carry out section 1847b; ii to permit the comptroller general of',
'the united states to review the information provided; iii to permit the director of the congressional budget office to review',
'the information provided; iv to permit the medicare payment advisory commission to review the information provided; and v to permit',
'the medicaid and chip payment and access commission to review the information provided.. b enforcement. section 1847a of such act',
'42 u.s.c. 1395w 3a is further amended 1 in subsection d 4 a in subparagraph a , by striking in',
'general and inserting misrepresentation; b in subparagraph b , by striking subparagraph b and inserting subparagraph a , b ,',
'or c ; c by redesignating subparagraph b as subparagraph e ; and d by inserting after subparagraph a the',
'following new subparagraphs: b note: determination. applicability. penalty. failure to provide timely information. if the secretary determines that a manufacturer',
'described in subsection f 2 has failed to report on information described in section 1927 b 3 a iii with',
'respect to a drug or page 134 stat. 2997 biological in accordance with such subsection, the secretary shall apply a',
'civil money penalty in an amount of $10,000 for each day the manufacturer has failed to report such information and',
'such amount shall be paid to the treasury. c note: penalty. false information. any manufacturer required to submit information under',
'subsection f 2 that knowingly provides false information is subject to a civil money penalty in an amount not to',
'exceed $100,000 for each item of false information. such civil money penalties are in addition to other penalties as may',
'be prescribed by law. d note: time period. effective date. applicability. increasing oversight and enforcement. for calendar quarters beginning on',
'or after january 1, 2022, section 1927 b 3 c iv shall be applied as if i each reference to',
'under this subparagraph and subsection c 4 b ii iii were a reference to under this subparagraph, subsection c 4',
'b ii iii , and subparagraphs a , b , and c of section 1847a d 4 ; and ii',
'the reference to activities related to the oversight and enforcement of this section and agreements under this section were a',
'reference to activities related to the oversight and enforcement of this section and under subsection f 2 of section 1847a',
'and subparagraphs a , b , and c of section 1847a d 4 and, if applicable, agreements under this section.',
'; and 2 note: determination. in subsection c 6 a , by striking the period at the end and inserting',
', except that, for purposes of subsection f 2 , the secretary may, if the secretary determines appropriate, exclude repackagers',
'of a drug or biological from such term.. c manufacturers with a rebate agreement. 1 in general. section 1927 b',
'3 a of the social security act 42 u.s.c. 1396r 8 b 3 a is amended by adding at the',
'end the following new sentence: for note: time period. effective date. purposes of applying clause iii , for calendar quarters',
'beginning on or after january 1, 2022, a drug or biological described in the flush matter following such clause includes',
'items, services, supplies, and products that are payable under part b of title xviii as a drug or biological.. 2',
'technical amendment. section 1927 b 3 a iii of the social security act 42 u.s.c. 1396r 8 b 3 a',
'iii is amended by striking section 1881 b 13 a ii and inserting section 1881 b 14 b . d',
'note: assessment. report. not later than january 1, 2023, the inspector general of the department of health and human services',
'shall assess and submit to congress a report on the accuracy of average sales price information submitted by manufacturers under',
'section 1847a of the social security act 42 u.s.c. 1395w 3a , including the extent to which manufacturers provide false',
'information, misclassify drug products, or misreport information. such note: recommenda tions. report shall include any recommendations on how to improve',
'the accuracy of such information. page 134 stat. 2998 sec. 402. extended months of coverage of immunosuppressive drugs for kidney',
'transplant patients and other renal dialysis provisions. a medicare entitlement to immunosuppressive drugs for kidney transplant recipients. 1 in general.',
'section 226a b 2 of the social security act 42 u.s.c. 426 1 b 2 is amended by inserting except',
'for eligibility for enrollment under part b solely for purposes of coverage of immunosuppressive drugs described in section 1861 s',
'2 j before , with the thirty sixth month. 2 individuals eligible only for coverage of immunosuppressive drugs. a in',
'general. section 1836 of the social security act 42 u.s.c. 1395o is amended i by striking every and inserting a',
'in general. every; and ii by adding at the end the following new subsection: b individuals eligible for immunosuppressive drug',
'coverage. 1 note: termination date. in general. except as provided under paragraph 2 , every individual whose entitlement to insurance',
'benefits under part a ends whether before, on, or after january 1, 2023 by reason of section 226a b 2',
'is eligible to enroll or to be deemed to have enrolled in the medical insurance program established by this part',
'solely for purposes of coverage of immunosuppressive drugs in accordance with section 1837 n . 2 exception if other coverage',
'is available. a note: determination. in general. an individual described in paragraph 1 shall not be eligible for enrollment in',
'the program for purposes of coverage described in such paragraph with respect to any period in which the individual, as',
'determined in accordance with subparagraph b i is enrolled in a group health plan or group or individual health insurance',
'coverage, as such terms are defined in section 2791 of the public health service act; ii is enrolled for coverage',
'under the tricare for life program under section 1086 d of title 10, united states code; iii is enrolled under',
'a state plan or waiver of such plan under title xix and is eligible to receive benefits for immunosuppressive drugs',
'described in this subsection under such plan or such waiver ; iv is enrolled under a state child health plan',
'or waiver of such plan under title xxi and is eligible to receive benefits for such drugs under such plan',
'or such waiver ; or v i is enrolled in the patient enrollment system of the department of veterans affairs',
'established and operated under section 1705 of title 38, united states code; ii is not required to enroll under section',
'1705 of such title to receive immunosuppressive drugs described in this subsection; or iii is otherwise eligible under a provision',
'of title 38, united states code, other than section 1710 page 134 stat. 2999 of such title to receive immunosuppressive',
'drugs described in this subsection. b eligibility determinations. i note: coordination. in general. the secretary, in coordination with the commissioner',
'of social security, shall establish a process for determining whether an individual described in paragraph 1 who is to be',
'enrolled or deemed to be enrolled in the medical insurance program described in such paragraph meets the requirements for such',
'enrollment under this subsection, including the requirement that the individual not be enrolled in other coverage as described in subparagraph',
'a . ii attestation regarding other coverage. the process established under clause i shall include, at a minimum, a requirement',
'that i the individual provide to the commissioner an attestation that the individual is not enrolled and does not expect',
'to enroll in such other coverage; and ii note: notification. deadline. the individual notify the commissioner within 60 days of',
'enrollment in such other coverage.. b conforming amendment. i in general. sections 1837, 1838, and 1839 of the social security',
'act 42 u.s.c. 1395p, 42 u.s.c. 1395q, 42 u.s.c. 1395r are each amended by striking 1836 and inserting 1836 a',
'each place it appears. ii additional amendment. section 1837 j 1 of such act 42 u.s.c. 1395p j 1 is',
'amended by striking 1836 1 and inserting 1836 a 1 . b enrollment for individuals only eligible for coverage of',
'immunosuppressive drugs. section 1837 of the social security act 42 u.s.c. 1395p , as amended by section 120, is amended',
'by adding at the end the following new subsection: n 1 note: regulation. any individual who is eligible for coverage',
'of immunosuppressive drugs under section 1836 b may enroll or be deemed to have enrolled only in such manner and',
'form as may be prescribed by regulations, and only during an enrollment period described in this subsection. 2 an individual',
'described in paragraph 1 whose entitlement for hospital insurance benefits under part a ends by reason of section 226a b',
'2 prior to january 1, 2023, may enroll beginning on october 1, 2022, or the day on which the individual',
'first satisfies section 1836 b , whichever is later. 3 note: termination date. an individual described in paragraph 1 whose',
'entitlement for hospital insurance benefits under part a ends by reason of section 226a b 2 on or after january',
'1, 2023, shall be deemed to have enrolled in the medical insurance program established by this part for purposes of',
'coverage of immunosuppressive drugs. 4 the secretary shall establish a process under which an individual described in paragraph 1 whose',
'other coverage described in section 1836 b 2 a , or coverage under this part including the medical insurance program',
'established under this part for purposes of coverage of immunosuppressive drugs , is terminated voluntarily or involuntary may enroll or',
'reenroll, if applicable, page 134 stat. 3000 in the medical insurance program established under this part for purposes of coverage',
'of immunosuppressive drugs.. c coverage period for individuals only eligible for coverage of immunosuppressive drugs. 1 in general. section 1838',
'of the social security act 42 u.s.c. 1395q , as amended by section 120, is further amended by adding at',
'the end the following new subsection: h note: applicability. in the case of an individual described in section 1836 b',
'1 , the following rules shall apply: 1 note: effective date. in the case of such an individual who is',
'deemed to have enrolled in part b for coverage of immunosuppressive drugs under section 1837 n 3 , such individuals',
'coverage period shall begin on the first day of the month in which the individual first satisfies section 1836 b',
'. 2 note: effective date. in the case of such an individual who enrolls or reenrolls, if applicable in part',
'b for coverage of immunosuppressive drugs under paragraph 2 or 4 of section 1837 n , such individuals coverage period',
'shall begin on january 1, 2023, or the month following the month in which the individual so enrolls or reenrolls',
', whichever is later. 3 the provisions of subsections b and d shall apply with respect to an individual described',
'in paragraph 1 or 2 . 4 in addition to the reasons for termination under subsection b , the coverage',
'period of an individual described in paragraph 1 or 2 shall end when the individual becomes entitled to benefits under',
'this title under subsection a or b of section 226, or under section 226a, or is no longer eligible for',
'such coverage as a result of the application of section 1836 b 2 . 5 the secretary may conduct public',
'education activities to raise awareness of the availability of more comprehensive, individual health insurance coverage as defined in section 2791',
'of the public health service act for individuals eligible under section 1836 b to enroll or to be deemed enrolled',
'in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs.. 2 conforming amendments. section',
'1838 b of the social security act 42 u.s.c. 1395q b is amended, in the matter following paragraph 2 ,',
'by inserting or section 1837 n 3 after section 1837 f each place it appears. d premiums for individuals only',
'eligible for coverage of immunosuppressive drugs. 1 in general. section 1839 of the social security act 42 u.s.c. 1395r ,',
'as amended by section 120, is further amended a in subsection b , by adding at the end the following',
'new sentence: no increase in the premium shall be effected for individuals who are enrolled pursuant to section 1836 b',
'for coverage only of immunosuppressive drugs. ; and b by adding at the end the following new subsection: j determination',
'of premium for individuals only eligible for coverage of immunosuppressive drugs. the note: effective dates. regulations. secretary shall, during september',
'of each year beginning with 2022 , determine and promulgate a monthly premium rate for the succeeding calendar year for',
'individuals enrolled only for the purpose of coverage of immunosuppressive drugs under section 1836 b . page 134 stat. 3001',
'such premium shall be equal to 15 percent of the monthly actuarial rate for enrollees age 65 and over as',
'would be determined in accordance with subsection a 1 if the reference to one half in such subsection were a',
'reference to 100 percent for that succeeding calendar year. the monthly premium of each individual enrolled for coverage of immunosuppressive',
'drugs under section 1836 b for each month shall be the amount promulgated in this subsection. in the case of',
'such individual not otherwise enrolled under this part, such premium shall be in lieu of any other monthly premium applicable',
'under this section. such amount shall be adjusted in accordance with subsections c , f , and i , but',
'shall not be adjusted under subsection b .. 2 special rule for application of hold harmless provisions to transitioning individuals.',
'section 1839 f of the social security act 42 u.s.c. 1395r f is amended by adding at the end the',
'following new sentence: any increase in the premium for an individual who was enrolled under section 1836 b attributable to',
'such individual otherwise enrolling under this part shall not be taken into account in applying this subsection.. 3 special rule',
'for application of premium subsidy reduction provisions. section 1839 i 3 a ii ii of the social security act 42',
'u.s.c. 1395r i 3 a ii ii is amended by inserting or, with respect to an individual enrolled under section',
'1836 b and not otherwise enrolled under this part, 0 times the amount of such increase after in the year.',
'e government contribution. section 1844 a of the social security act 42 u.s.c. 1395w a is amended 1 in paragraph',
'3 , by striking the period at the end and inserting ; plus; 2 by inserting after paragraph 3 the',
'following new paragraph: 4 a government contribution equal to the estimated aggregate reduction in premiums payable under part b that',
'results from establishing the premium at 15 percent of the actuarial rate as would be determined in accordance with section',
'1839 a 1 if the reference to one half in such section were a reference to 100 percent under section',
'1839 j instead of 25 percent of such rate as so determined for individuals enrolled only for the purpose of',
'coverage of immunosuppressive drugs under section 1836 b . ; and 3 by adding the following sentence at the end',
'of the flush matter following paragraph 4 , as added by paragraph 2 of this subsection: the government contribution under',
'paragraph 4 shall be treated as premiums payable and deposited for purposes of subparagraphs a and b of paragraph 1',
'.. f ensuring coverage under the medicare savings program. 1 in general. section 1905 p 1 a of the social',
'security act 42 u.s.c. 1396d p 1 a is amended by inserting or who is enrolled under part b for',
'the purpose of coverage of immunosuppressive drugs under section 1836 b after under section 1818a . 2 conforming amendments. section',
'1902 a 10 e of the social security act 42 u.s.c. 1396a a 10 e is amended in each of',
'clauses iii and iv by inserting including such page 134 stat. 3002 individuals enrolled under section 1836 b after section',
'1905 p 1 . g part d. section 1860d 1 a 3 a of the social security act 42 u.s.c.',
'1395w 101 a 3 a is amended by inserting but not including an individual enrolled solely for coverage of immunosuppressive',
'drugs under section 1836 b before the period at the end. h gao study and report. 1 study. the comptroller',
'general of the united states in this subsection referred to as the comptroller general shall conduct a study on the',
'implementation of coverage of immunosuppressive drugs for kidney transplant patients under the medicare program pursuant to the provisions of, and',
'amendments made by, this section. 2 note: recommenda tions. determination. report. not later than january 1, 2025, the comptroller general',
'shall submit to congress a report on the study conducted under paragraph 1 , together with recommendations as the comptroller',
'general determines appropriate. sec. 403. permitting direct payment to physician assistants under medicare. section 1842 b 6 c of the',
'social security act 42 u.s.c. 1395u b 6 c is amended, in the matter preceding clause i , by inserting',
'for such services furnished before january 1, 2022, after 1861 s 2 k ,. sec. 404. adjusting calculation of hospice',
'cap amount under medicare. section 1814 i 2 b of the social security act 42 u.s.c. 1395f i 2 b',
'is amended 1 in clause ii , by striking 2025 and inserting 2030; and 2 in clause iii , by',
'striking 2025 and inserting 2030. sec. 405. special rule for determination of asp in cases of certain noncovered self administered',
'drug products. section 1847a of the social security act 42 u.s.c. 1395w 3a is amended by redesignating subsection g as',
'subsection h and by inserting after subsection f the following: g payment adjustment for certain drugs for which there is',
'a self administered ndc. 1 note: determination. oig studies. the inspector general of the department of health and human services',
'shall conduct periodic studies to identify national drug codes for drug or biological products that are self administered for which',
'payment may not be made under this part because such products are not covered pursuant to section 1861 s 2',
'and which the inspector general determines based on the same or similar methodologies to the methodologies used in the final',
'recommendation followup report of the inspector general described in paragraph 3 or in the november 2017 final report of the',
'inspector general entitled excluding noncovered versions when setting payment for two part b drugs would have resulted in lower drug',
'costs for medicare and its beneficiaries should be excluded from the determination of the payment amount under this section. page',
'134 stat. 3003 2 note: applicability. payment adjustment. if the inspector general identifies a national drug code for a drug',
'or biological product under paragraph 1 , the inspector general shall inform the secretary at such times as the secretary',
'may specify to carry out this paragraph and the secretary shall, to the extent the secretary deems appropriate, apply as',
'the amount of payment under this section for the applicable billing and payment code the lesser of a the amount',
'of payment that would be determined under this section for such billing and payment code if such national drug code',
'for such product so identified under paragraph 1 were excluded from such determination; or b the amount of payment otherwise',
'determined under this section for such billing and payment code without application of this subsection. 3 note: recommenda tion. effective',
'date. application to certain identified products. in the case of a national drug code for a drug or biological product',
'that is self administered for which payment is not made under this part because such product is not covered pursuant',
'to section 1861 s 2 that was identified by the inspector general of the department of health and human services',
'in the final recommendation followup report of the inspector general published july 2020, entitled loophole in drug payment rule continues',
'to cost medicare and beneficiaries hundreds of millions of dollars, beginning july 1, 2021, the amount of payment under this',
'section for the applicable billing and payment code shall be the lesser of a the amount of payment that would',
'be determined under this section for such billing and payment code if such national drug code for such drug or',
'biological products so identified were excluded from such determination; or b the amount of payment otherwise determined under this section',
'for such billing and payment code without application of this subsection.. sec. 406. medicaid improvement fund. section 1941 b 3',
'a of the social security act 42 u.s.c 1396w 1 b 3 a , as amended by section 1303 of',
'the further continuing appropriations act, 2021, and other extensions act, is amended by striking $3,464,000,000 and inserting $0. sec. 407.',
'establishing hospice program survey and enforcement procedures under the medicare program. a survey and enforcement procedures. 1 in general. part',
'a of title xviii of the social security act 42 u.s.c. 1395c et seq. is amended by adding at the',
'end the following new section: sec. 1822. note: 42 usc 1395i 6. hospice program survey and enforcement procedures. a surveys.',
'1 note: determination. frequency. any entity that is certified as a hospice program as defined in section 1861 dd 2',
'shall be subject to a standard survey by an appropriate state or local survey agency, or an approved accreditation agency,',
'as determined by the secretary, not less frequently than once every 36 months. page 134 stat. 3004 2 public transparency',
'of survey and certification information. a submission of information to the secretary. i note: determination. in general. each state or',
'local survey agency, and each national accreditation body with respect to which the secretary has made a finding under section',
'1865 a respecting the accreditation of a hospice program by such body, shall submit, in a form and manner, and',
'at a time, specified by the secretary for purposes of this paragraph, information respecting any survey or certification made with',
'respect to a hospice program by such survey agency or body, as applicable. such note: reports. information shall include any',
'inspection report made by such survey agency or body with respect to such survey or certification, any enforcement actions taken',
'as a result of such survey or certification, and any other information determined appropriate by the secretary. ii note: effective',
'date. required inclusion of specified form. with respect to a survey under this subsection carried out by a national accreditation',
'body described in clause i on or after october 1, 2021, information described in such clause shall include form cms',
'2567 or a successor form , along with such additional information determined appropriate by such body. b note: effective date.',
'public information. web posting. public disclosure of information. beginning not later than october 1, 2022, the secretary shall publish the',
'information submitted under subparagraph a on the public website of the centers for medicare & medicaid services in a manner',
'that is prominent, easily accessible, readily understandable, and searchable. the note: update. secretary shall provide for the timely update of',
'such information so published. 3 consistency of surveys. each state and the secretary shall implement programs to measure and reduce',
'inconsistency in the application of survey results among surveyors. 4 survey teams. a note: effective date. in general. in the',
'case of a survey conducted under this subsection on or after october 1, 2021, by more than 1 individual, such',
'survey shall be conducted by a multidisciplinary team of professionals including a registered professional nurse . b note: effective date.',
'prohibition of conflicts of interest. beginning october 1, 2021, a state may not use as a member of a survey',
'team under this subsection an individual who is serving or has served within the previous 2 years as a member',
'of the staff of, or as a consultant to, the program surveyed respecting compliance with the requirements of section 1861',
'dd or who has a personal or familial financial interest in the program being surveyed. c note: deadline. training. the',
'secretary shall provide, not later than october 1, 2021, for the comprehensive training of state and federal surveyors, and any',
'surveyor employed by a national accreditation body described in paragraph 2 a i , in the conduct of surveys under',
'this subsection, including training with respect to the review of written page 134 stat. 3005 plans for providing hospice care',
'as described in section 1814 a 7 b . no individual shall serve as a member of a survey team',
'with respect to a survey conducted on or after such date unless the individual has successfully completed a training and',
'testing program in survey and certification techniques that has been approved by the secretary. 5 note: transfer authority. funding. the',
'secretary shall provide for the transfer, from the federal hospital insurance trust fund under section 1817 to the centers for',
'medicare & medicaid services program management account, of $10,000,000 for each fiscal year beginning with fiscal year 2022 for purposes',
'of carrying out this subsection and subsection b . sums so transferred shall remain available until expended. any transfer pursuant',
'to this paragraph shall be in addition to any transfer pursuant to section 3 a 2 of the improving medicare',
'post acute care transformation act of 2014. b special focus program. 1 in general. the secretary shall conduct a special',
'focus program for enforcement of requirements for hospice programs that the secretary has identified as having substantially failed to meet',
'applicable requirements of this act. 2 periodic surveys. under such special focus program, the secretary shall conduct surveys of each',
'hospice program in the special focus program not less than once every 6 months. c note: determinations. enforcement. 1 situations',
'involving immediate jeopardy. if the secretary determines on the basis of a standard survey or otherwise that a hospice program',
'that is certified for participation under this title is no longer in compliance with the requirements specified in section 1861',
'dd and determines that the deficiencies involved immediately jeopardize the health and safety of the individuals to whom the program',
'furnishes items and services, the secretary shall take immediate action to ensure the removal of the jeopardy and correction of',
'the deficiencies or terminate the certification of the program, and may provide, in addition, for 1 or more of the',
'other remedies described in paragraph 5 b . 2 note: time period. situations not involving immediate jeopardy. if the secretary',
'determines on the basis of a standard survey or otherwise that a hospice program that is certified for participation under',
'this title is no longer in compliance with the requirements specified in section 1861 dd and determines that the deficiencies',
'involved do not immediately jeopardize the health and safety of the individuals to whom the program furnishes items and services,',
'the secretary may for a period not to exceed 6 months impose remedies developed pursuant to paragraph 5 a ,',
'in lieu of terminating the certification of the program. note: termination. if, after such a period of remedies, the program',
'is still no longer in compliance with such requirements, the secretary shall terminate the certification of the program. 3 penalty',
'for previous noncompliance. if the secretary determines that a hospice program that is certified for participation under this title is',
'in compliance with the requirements specified in section 1861 dd but, as of a previous period, did not meet such',
'requirements, the secretary may provide for a civil money penalty under paragraph 5 b i for the page 134 stat.',
'3006 days in which the secretary finds that the program was not in compliance with such requirements. 4 note: time',
'period. option to continue payments for noncompliant hospice programs. the secretary may continue payments under this title with respect to',
'a hospice program not in compliance with the requirements specified in section 1861 dd over a period of not longer',
'than 6 months, if a the state or local survey agency finds that it is more appropriate to take alternative',
'action to assure compliance of the program with such requirements than to terminate the certification of the program; b the',
'program has submitted a plan and timetable for corrective action to the secretary for approval and the secretary approves the',
'plan of corrective action; and c the program agrees to repay to the federal government payments received under this title',
'during such period if the corrective action is not taken in accordance with the approved plan and timetable. the note:',
'guidelines. secretary shall establish guidelines for approval of corrective actions requested by hospice programs under this paragraph. 5 remedies. a',
'development. i note: deadline. in general. not later than october 1, 2022, the secretary shall develop and implement i a',
'range of remedies to apply to hospice programs under the conditions described in paragraphs 1 through 4 ; and ii',
'note: procedures. appropriate procedures for appealing determinations relating to the imposition of such remedies. remedies developed pursuant to the preceding',
'sentence shall include the remedies specified in subparagraph b . ii note: deadline. procedures. conditions of imposition of remedies. not',
'later than october 1, 2022, the secretary shall develop and implement specific procedures with respect to the conditions under which',
'each of the remedies developed under clause i is to be applied, including the amount of any fines and the',
'severity of each of these remedies. such procedures shall be designed so as to minimize the time between identification of',
'deficiencies and imposition of these remedies and shall provide for the imposition of incrementally more severe fines for repeated or',
'uncorrected deficiencies. b specified remedies. the remedies specified in this subparagraph are the following: i civil money penalties in an',
'amount not to exceed $10,000 for each day of noncompliance by a hospice program with the requirements specified in section',
'1861 dd . ii note: determination. suspension of all or part of the payments to which a hospice program would',
'otherwise be entitled under this title with respect to items and services furnished by a hospice program on or after',
'the date on which the secretary determines that remedies page 134 stat. 3007 should be imposed pursuant to paragraphs 1',
'and 2 . iii the appointment of temporary management to oversee the operation of the hospice program and to protect',
'and assure the health and safety of the individuals under the care of the program while improvements are made in',
'order to bring the program into compliance with all such requirements. c procedures. i civil money penalties. i note: applicability.',
'in general. subject to subclause ii , the provisions of section 1128a other than subsections a and b shall apply',
'to a civil money penalty under this subsection in the same manner as such provisions apply to a penalty or',
'proceeding under section 1128a a . ii retention of amounts for hospice program improvements. the secretary may provide that any',
'portion of civil money penalties collected under this subsection may be used to support activities that benefit individuals receiving hospice',
'care, including education and training programs to ensure hospice program compliance with the requirements of section 1861 dd . ii',
'note: termination. suspension of payment. a finding to suspend payment under subparagraph b ii shall terminate when the secretary finds',
'that the program is in substantial compliance with all requirements of section 1861 dd . iii note: determination. temporary management.',
'the temporary management under subparagraph b iii shall not be terminated until the secretary has determined that the program has',
'the management capability to ensure continued compliance with all the requirements referred to in such subparagraph. d relationship to other',
'remedies. the remedies developed under subparagraph a are in addition to sanctions otherwise available under state or federal law and',
'shall not be construed as limiting other remedies, including any remedy available to an individual at common law.. 2 availability',
'of hospice accreditation surveys. section 1865 b of the social security act 42 u.s.c. 1395bb b is amended by inserting',
'or, beginning on the date of the enactment of the consolidated appropriations act, 2021, a hospice program after home health',
'agency. 3 state provision of hospice program information. a in general. section 1864 a of the social security act 42',
'u.s.c. 1395aa a is amended in the sixth sentence i by inserting and hospice programs after information on home health',
'agencies; ii by inserting or the hospice program after the home health agency; iii by inserting or the hospice program',
'after with respect to the agency; and iv by inserting and hospice programs after with respect to home health agencies.',
'page 134 stat. 3008 b note: applicability. 42 usc 1395aa note. effective date. the amendments made by subparagraph a shall',
'apply with respect to agreements entered into on or after, or in effect as of, the date that is 1',
'year after the date of the enactment of this act. 4 conforming amendments. a definition of a hospice program. section',
'1861 dd 4 of the social security act 42 u.s.c. 1395x dd 4 is amended by striking subparagraph c .',
'b continuation of funding. section 3 a 2 of the improving medicare post acute care transformation act of 2014 is',
'amended by inserting and section 1822 a 1 of such act, after as added by paragraph 1 ,. b increasing',
'payment reductions for failure to meet quality data reporting requirements. section 1814 i 5 a i of the social security',
'act 42 u.s.c. 1395f i 5 a i is amended by inserting or, for fiscal year 2024 and each subsequent',
'fiscal year, 4 percentage points before the period. c note: analysis. report. not later than 36 months after the date',
'of the enactment of this act, the comptroller general of the united states shall submit to congress a report containing',
'an analysis of the effects of the amendments made by subsection a , including the frequency of application of remedies',
'specified in section 1822 c 5 b of the social security act as added by such subsection , on access',
'to, and quality of, care furnished by hospice programs under part a of title xviii of the social security act',
'42 u.s.c. 1395c et seq. . sec. 408. medicare improvement fund. section 1898 b 1 of the social security act',
'42 u.s.c. 1395iii b 1 is amended by striking $0 and inserting $165,000,000. title v miscellaneous sec. 501. implementation funding.',
'for purposes of carrying out the provisions of, and the amendments made by, titles i, ii, and iv, in addition',
'to any funds otherwise made available, there are appropriated from amounts in the treasury not otherwise appropriated, $37,000,000 to the',
'centers for medicare & medicaid services program management account for fiscal year 2021, to remain available until expended. division dd',
'montana note: montana water rights protection act. native americans. water rights protection act sec. 1. note: 25 usc 5301 note.',
'short title. this division may be cited as the montana water rights protection act. sec. 2. purposes. the purposes of',
'this act are 1 to achieve a fair, equitable, and final settlement of claims to water rights in the state',
'of montana, and in recognition of article i, and section 3 of article ix, of the montana state constitution for',
'page 134 stat. 3009 a the confederated salish and kootenai tribes of the flathead indian reservation; and b the united',
'states, for the benefit of the tribes and allottees; 2 to authorize, ratify, and confirm the water rights compact entered',
'into by the tribes and the state, to the extent that the compact is consistent with this act; 3 to',
'authorize and direct the secretary of the interior a to execute the compact; and b to take any other action',
'necessary to carry out the compact in accordance with this act; and 4 to authorize funds necessary for the implementation',
'of a the compact; and b this act. sec. 3. definitions. a in general. in this act: 1 allottee. the',
'term allottee means an individual who holds a beneficial real property interest in an allotment of indian land that is',
'a located within the reservation; and b held in trust by the united states. 2 bison. the term bison means',
'north american plains bison. 3 compact. the term compact means a the water rights compact entered into and ratified, as',
'applicable, by the confederated salish and kootenai tribes, the state, and the united states, as contained in section 85 20',
'1901 of the montana code annotated 2019 , including i any appendix or exhibit to that compact; and ii any',
'modifications authorized by that compact; and b any amendment to the compact referred to in subparagraph a including an amendment',
'to an appendix or exhibit that is i executed to ensure that the compact is consistent with this act; or',
'ii otherwise authorized by the compact and this act. 4 enforceability date. the term enforceability date means the date described',
'in section 10 b . 5 flathead indian irrigation project. a in general. the term flathead indian irrigation project means',
'the federal irrigation project developed by the united states to irrigate land within the reservation pursuant to i the act',
'of april 23, 1904 33 stat. 302, chapter 1495 ; and ii the act of may 29, 1908 35 stat.',
'444, chapter 216 . b inclusions. the term flathead indian irrigation project includes i all land and any reservoir, easement,',
'right of way, canal, ditch, lateral, or any other facility of page 134 stat. 3010 the project referred to in',
'subparagraph a regardless of location on or off the reservation ; and ii any headgate, pipeline, pump, building, heavy equipment,',
'vehicle, supplies, record, copy of a record, or any other physical, tangible object of real or personal property used in',
'the management and operation of the project referred to in subparagraph a . 6 hungry horse dam. the term hungry',
'horse dam means the dam that is a part of the hungry horse project. 7 hungry horse project. the term',
'hungry horse project means the project authorized to be carried out by the secretary under the act of june 5,',
'1944 43 u.s.c. 593a et seq. . 8 hungry horse reservoir. the term hungry horse reservoir means the reservoir that',
'is a part of the hungry horse project. 9 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 . 10 law of',
'administration. the term law of administration means the unitary administration and management ordinance, as set forth in appendix 4 to',
'the compact. 11 secretary. the term secretary means the secretary of the interior. 12 state. a in general. the term',
'state means the state of montana. b inclusions. the term state includes all officers, agencies, departments, and political subdivisions of',
'the state. 13 tribal water right. the term tribal water right means the water right of the tribes, as established',
'in a the compact; and b this act. 14 tribes. a in general. the term tribes means the confederated salish',
'and kootenai tribes of the flathead reservation of montana. b inclusions. the term tribes includes all officers, agencies, and departments',
'of the tribes. 15 trust fund. the term trust fund means the selis qlispe ksanka settlement trust fund established under',
'section 8 a . b definitions of certain terms. any term used but not defined in this act, including the',
'terms existing use, historic farm deliveries, instream flow, minimum reservoir pool elevations, and reservation, shall have the meaning given the',
'term in article ii of the compact. sec. 4. ratification of compact. a ratification. 1 in general. as modified by',
'this act, the compact is authorized, ratified, and confirmed. 2 amendments. any amendment to the compact is authorized, ratified, and',
'confirmed, to the extent that such an amendment page 134 stat. 3011 a is executed to ensure that the compact',
'is consistent with this act; or b i is approved by the secretary; ii concerns nonmonetary matters; and iii does',
'not affect the water rights of the tribes determined in the compact, or any other property held in trust by',
'the united states on behalf of the tribes or allottees. 3 modifications. nothing in this act a precludes the secretary',
'from approving a modification to the compact, including an appendix or exhibit to the compact, that is consistent with this',
'act; or b authorizes amendments or modifications that otherwise require congressional approval under i section 2116 of the revised statutes',
'25 u.s.c. 177 ; or ii any other applicable federal law. b execution. to the extent that the compact does',
'not conflict with this act, the secretary shall execute the compact, including all exhibits to, appendices to, and parts of',
'the compact requiring the signature of the secretary. c environmental compliance. 1 in general. in implementing the compact and this',
'act, the secretary and the tribes shall ensure compliance with a the endangered species act of 1973 16 u.s.c. 1531',
'et seq. ; b the national environmental policy act of 1969 42 u.s.c. 4321 et seq. ; and c all',
'other applicable environmental laws including regulations . 2 performance of compliance activities. the secretary and the tribes shall perform appropriate',
'federal environmental compliance activities relating to any activity undertaken by the secretary or tribes pursuant to this act prior to',
'commencement of that activity. 3 effect of execution. a in general. the execution of the compact by the secretary under',
'this section shall not constitute a major federal action for purposes of the national environmental policy act of 1969 42',
'u.s.c. 4321 et seq. . b compliance. the secretary shall ensure compliance with all federal laws and regulations necessary to',
'implement the compact and this act. d public availability. as provided in articles iv.i.b relating to hearings , iv.i.c relating',
'to the employment of a water engineer , and iv.i.7.e relating to board records of the compact, and in recognition',
'of section 9 of article ii of the montana state constitution, all records of the flathead reservation water management board',
'and the water engineer employed by the board shall be open to public inspection. sec. 5. tribal water right. a',
'intent of congress. it is the intent of congress to provide to each allottee benefits that are equivalent to, or',
'that exceed, the benefits possessed by allottees on the day before the date of enactment of this act, taking into',
'consideration page 134 stat. 3012 1 the potential risks, cost, and time delay associated with litigation that would be resolved',
'by the compact and this act; 2 the availability of funding under this act and from other sources; 3 the',
'availability of water from the tribal water right; and 4 the applicability of section 7 of the act of february',
'8, 1887 25 u.s.c. 381 , and this act to protect the interests of allottees. b confirmation of tribal water',
'right. 1 in general. the tribal water right is ratified, confirmed, and declared to be valid. 2 use. any use',
'of the tribal water right shall be subject to the terms and conditions of a the compact; and b this',
'act. 3 conflict. in the event of a conflict between the compact and this act, the provisions of this act',
'shall control. c trust status of tribal water right. the tribal water right 1 shall be held in trust by',
'the united states for the use and benefit of the tribes and allottees in accordance with this act; and 2',
'shall not be subject to forfeiture or abandonment. d allottees. 1 applicability of act of february 8, 1887. the provisions',
'of section 7 of the act of february 8, 1887 25 u.s.c. 381 , relating to the use of water',
'for irrigation purposes shall apply to the tribal water right. 2 entitlements to water. a in general. any entitlement to',
'water of an allottee under federal law shall be satisfied from the tribal water right. b water for irrigation. each',
'allottee shall be entitled to a just and equitable allocation of water for irrigation purposes, to be enforceable under paragraph',
'3 b . 3 claims. a exhaustion of remedies. before asserting any claim against the united states under section 7',
'of the act of february 8, 1887 25 u.s.c. 381 , or any other applicable law, an allottee shall exhaust',
'remedies available under i the law of administration; or ii other applicable tribal law. b water for irrigation. after the',
'exhaustion of all remedies available under the law of administration or other applicable tribal law, an allottee may seek relief',
'under section 7 of the act of february 8, 1887 25 u.s.c. 381 , or other applicable law, to seek',
'a just and equitable allocation of water for irrigation purposes under paragraph 2 b . 4 authority of secretary. the',
'secretary shall have the authority to protect the rights of allottees in accordance with this section. e authority of tribes.',
'page 134 stat. 3013 1 in general. the tribes shall have the authority to allocate, distribute, and lease the tribal',
'water right for any use on the reservation in accordance with a the compact; b the law of administration; c',
'this act; and d applicable federal law. 2 off reservation use. the tribes may allocate, distribute, and lease the tribal',
'water right for off reservation use in the state in accordance with the compact, subject to the approval of the',
'secretary. 3 land leases by allottees. notwithstanding paragraph 1 , an allottee may lease any interest in land held by',
'the allottee, together with any water right determined to be appurtenant to the interest in land, in accordance with the',
'law of administration. f law of administration. 1 note: time period. in general. during the period beginning on the date',
'of enactment of this act and ending on the date on which the law of administration becomes effective on the',
'reservation, the secretary shall administer, with respect to the rights of allottees, the tribal water right in accordance with this',
'act. 2 approval. a in general. the law of administration is approved. b registrations. as provided in sections 3 and',
'4 of article ix of the montana state constitution and section 1 1 108 of the law of administration, all',
'water rights and changes of use authorized under the law of administration, including all registrations required by sections 2 1',
'101 through 2 1 107, shall be provided to the department of natural resources and conservation of the state, to',
'be entered into the water rights database of the department. 3 amendments. a in general. an otherwise valid amendment to',
'the law of administration that affects a right of an allottee shall not be effective unless the amendment is approved',
'by the secretary in accordance with this subsection. b approval period. i note: deadline. in general. subject to clause ii',
', the secretary shall approve or disapprove an amendment to the law of administration not later than 180 days after',
'the date of ratification of the amendment by the tribes and the state. ii note: consultation. extension. the deadline described',
'in clause i may be extended by the secretary after consultation with the tribes. 4 conflict. in the event of',
'a conflict between the law of administration and this act, the provisions of this act shall control. g administration. 1',
'alienation. the tribes shall not permanently alienate any portion of the tribal water right. 2 purchases or grants of land',
'from indians. an authorization provided by this act for an allocation, distribution, lease, or any other arrangement shall be considered',
'to page 134 stat. 3014 satisfy any requirement for authorization of the action by treaty or convention under section 2116',
'of the revised statutes 25 u.s.c. 177 . 3 prohibition on forfeiture. the nonuse of all, or any portion of,',
'the tribal water right by a lessee or contractor shall not result in the forfeiture, abandonment, relinquishment, or other loss',
'of all, or any portion of, the tribal water right. h effect. except as otherwise expressly provided in this section,',
'nothing in this act 1 authorizes any action by an allottee against any individual or entity, or against the tribes,',
'under federal, state, tribal, or local law; or 2 alters or affects the status of any action brought pursuant to',
'section 1491 a of title 28, united states code. sec. 6. storage allocation from hungry horse reservoir. a storage allocation',
'to tribes. 1 in general. subject to paragraph 2 , the secretary shall allocate to the tribes 90,000 acre feet',
'per year, as measured at the hungry horse dam, of storage water in hungry horse reservoir for use by the',
'tribes for any beneficial purpose on or off the reservation under a water right held by the united states and',
'managed by the bureau of reclamation. 2 limitations. the allocation under paragraph 1 shall be subject to a appendix 7',
'to the compact, entitled flathead basin tribal depletions study, prepared by the bureau of reclamation, and dated september 2012; and',
'b appendix 8 to the compact, entitled hungry horse reservoir, montana: biological impact evaluation and operational constraints for a proposed',
'90,000 acre foot withdrawal, prepared by the state, as revised on september 14, 2011. b treatment. 1 in general. the',
'allocation under subsection a shall be considered to be part of the tribal water right. 2 administration. the tribes shall',
'administer the water allocated under subsection a in accordance with, and subject to the limitations of, the compact and this',
'act. c allocation agreement. 1 in general. as a condition of receiving the allocation under subsection a , the tribes',
'shall enter into an agreement with the secretary to establish the terms and conditions of the allocation, in accordance with',
'the compact and this act. 2 inclusions. the agreement under paragraph 1 shall include provisions establishing that a the agreement',
'shall be without a limit as to a term; b the tribes, and not the united states, shall be entitled',
'to all consideration due to the tribes under any lease, contract, or agreement entered into by the tribes pursuant to',
'subsection d ; c the united states shall have no obligation to monitor, administer, or account for i any funds',
'received by the tribes as consideration under any lease, contract, or agreement entered into by the tribes pursuant to subsection',
'd ; or page 134 stat. 3015 ii the expenditure of those funds; d if the capacity or function of',
'any facility of hungry horse reservoir or hungry horse dam is significantly reduced, or is anticipated to be significantly reduced,',
'for an extended period of time, the tribes shall have the same storage rights as other storage contractors with respect',
'to the allocation under subsection a ; e the costs associated with the construction and operation of the storage facilities',
'at hungry horse reservoir and hungry horse dam allocable to the tribes shall be nonreimbursable; f no water service capital',
'charge shall be due or payable for the agreement or any water allocated under subsection a , regardless of whether',
'that water is delivered for use by the tribes or under a lease, contract, or by an agreement entered into',
'by the tribes pursuant to subsection d ; g the tribes shall not be required to make payments to the',
'united states for the agreement or any water allocated under subsection a , except for each acre foot of stored',
'water leased or transferred for industrial purposes; h for each acre foot of stored water leased by the tribes for',
'industrial purposes i the tribes shall pay annually to the united states an amount sufficient to cover the proportionate share',
'of the annual operation, maintenance, and replacement costs for the hungry horse project allocable to that quantity of water; and',
'ii the annual payments of the tribes shall be reviewed and adjusted, as appropriate, to reflect the actual operation, maintenance,',
'and replacement costs for the hungry horse project; and i the costs described in subparagraphs g and h shall not',
'apply to any lease or transfer for industrial purposes to i any entity of the tribes; or ii any entity',
'wholly owned by the tribes. d agreements by tribes. the tribes may use, lease, contract, exchange, or enter into other',
'agreements for use of the water allocated under subsection a if 1 the water that is the subject of the',
'agreement is used within the flathead basin or the clark fork basin within the state; and 2 the agreement does',
'not permanently alienate any portion of water allocated under subsection a . e note: contracts. mitigation water. notwithstanding section 5',
'e 2 , the tribes shall make available for lease not more than 11,000 acre feet per year of the',
'water allocated under subsection a , in accordance with the compact. f no carryover storage. the allocation under subsection a',
'shall not be increased by any year to year carryover storage. g development and delivery costs. the united states shall',
'not be required to pay the cost of developing or delivering any water allocated under subsection a . h new',
'uses. except as provided in article iii.c.1.c of the compact, the tribes shall not develop any new use for the',
'allocation page 134 stat. 3016 under subsection a until the date on which the agreement entered into under subsection c',
'takes effect. i effective date. the allocation under subsection a takes effect on the enforceability date. sec. 7. irrigation project',
'related compact implementation. a purposes. the purposes of this section are 1 to implement key provisions of the compact regarding',
'the tribal water right by authorizing and carrying out the activities described in subsection b relative to components of the',
'flathead indian irrigation project, in order a to conserve water resources, enhance fish and wildlife habitat, especially habitat of threatened',
'and endangered species, and improve the movement of fish through and around flathead indian irrigation project facilities; b to ensure',
'that the necessary water supplies are provided to protect instream flow, existing uses, and historic farm deliveries; c to provide',
'for the safe and efficient storage, delivery, and routing of water; and d to dedicate the water thereby saved through',
'modernization and rehabilitation activities to the water rights of the tribes for instream flow and minimum reservoir pool elevations; 2',
'to require that, in carrying out the activities under subsection b , the secretary and the tribes a are guided',
'by existing studies commissioned by the secretary and the tribes that identify current facility conditions and describe future modernization recommendations;',
'b recognize the need to maintain flexibility and modify the guidance provided by the studies described in subparagraph a ,',
'as appropriate and consistent with the processes established and entities designated in the compact; and c carry out all such',
'activities that can be accomplished in a cost effective manner and that are consistent with the compact; and 3 to',
'ensure the prudent and knowledgeable conservation, management, and protection of the water resources of the reservation through the activities described',
'in subsection b , which will ensure the protection of the reservation as the permanent homeland of the tribes in',
'accordance with the treaty between the united states and the tribes concluded at hell gate on july 16, 1855 12',
'stat. 975 . b activities. subject to the availability of appropriations, the secretary, or on the request of the tribes,',
'the tribes on behalf of the secretary under title iv of the indian self determination and education assistance act 25',
'u.s.c. 5361 et seq. , shall in accordance with subsection c carry out the following activities relating to the flathead',
'indian irrigation project: 1 rehabilitation and modernization. a rehabilitation and modernization of structures, canals, and pumping facilities, including dam safety',
'improvements, irrigation facility upgrades that improve water management and operational control at irrigation diversion works, and irrigation facility upgrades to',
'reduce page 134 stat. 3017 losses in conveyance of water from irrigation sources of supply to irrigation points of use,',
'in accordance with the compact. b planning, design, and construction of additional pumping facilities. c operational improvements to infrastructure within',
'the distribution network of the flathead indian irrigation project. d reconstruction, replacement, and automation at irrigation diversion works. e lining',
'of open canals, and placement of open canals in pipe. f fencing and physical project access enhancements. 2 mitigation, reclamation,',
'and restoration. a mitigation, reclamation, and restoration of streams, wetlands, banks, slopes, and wasteways within, appurtenant to, or affected by',
'the flathead indian irrigation project. b the installation of screens, barriers, passages, or ladders to prevent fish entrainment in irrigation',
'ditches and canals within, or appurtenant to, the flathead indian irrigation project. 3 acquisition of interests. acquisition of easements or',
'other interests in real property necessary to carry out any activity under this section. c environmental compliance. 1 in general.',
'prior to the commencement of any activity under subsection b , the secretary, or the tribes if the tribes elect',
'to perform the activities on behalf of the secretary under title iv of the indian self determination and education assistance',
'act 25 u.s.c. 5361 et seq. , shall perform appropriate environmental, cultural, and historical compliance activities relating to the activity,',
'including to ensure compliance with a the national environmental policy act of 1969 42 u.s.c. 4321 et seq. ; and',
'b division a of subtitle iii of title 54, united states code formerly known as the national historic preservation act',
'16 u.s.c. 470 et seq. . 2 costs. all costs associated with the performance of compliance activities under paragraph 1',
'shall be paid with funds deposited in the trust fund, on the condition that any costs associated with the performance',
'of federal approval or other review of such compliance work or costs associated with inherently federal functions shall remain the',
'responsibility of the secretary. d funding. 1 indian self determination and education assistance act compacting. a funding authority and agreements.',
'notwithstanding any other provision of law, if the tribes elect to perform all activities described in subsection b on behalf',
'of the secretary, the secretary shall enter into a self governance agreement with the tribes under title iv of the',
'indian self determination and education assistance act 25 u.s.c. 5361 et seq. covering all such activities. page 134 stat. 3018',
'b funding agreements. the secretary shall use funds only from the salish and kootenai compact account established under section 8',
'b 1 for any funding agreement, including any related contract support costs, under which the tribes carry out activities described',
'in subsection b . c note: deadline. timing for election. not later than 120 days after the date on which',
'funds are first appropriated for deposit in the trust fund, or not later than such alternative later date as is',
'agreed to by the tribes and the secretary, the tribes may elect to perform all activities described in subsection b',
'on behalf of the secretary. d applicability of isdeaa. any funds transferred for use in a funding agreement under this',
'paragraph shall be subject to i title iv of the indian self determination and education assistance act 25 u.s.c. 5361',
'et seq. ; and ii the self governance agreement and funding agreement entered into between the tribes and the secretary.',
'e relation to compact. the tribes and the federal government i shall carry out the activities described in subsection b',
'in a manner that is consistent with, and fulfills, the respective obligations of the tribes and the federal government under',
'the compact; and ii may not carry out any action pursuant to the indian self determination and education assistance act',
'25 u.s.c. 5301 et seq. that is inconsistent with the rights and responsibilities under the compact. f applicability of certain',
'isdeaa provisions. for purposes of this act i the annual trust evaluation required under section 403 d of the indian',
'self determination and education assistance act 25 u.s.c. 5363 d shall monitor the performance, and progress toward completion, of activities',
'under subsection b that the tribes are carrying out; ii the activities described in subsection b shall be considered to',
'be construction programs or projects under section 403 e of the indian self determination and education assistance act 25 u.s.c.',
'5363 e ; and iii note: requirements. reporting requirements regarding planning, design, and the use and expenditure of funds shall',
'be negotiated and included within a funding agreement. 2 secretarial performance of activities. if the tribes do not elect to',
'carry out the activities described in subsection b by the deadline established under paragraph 1 c , the secretary shall',
'carry out the activities using amounts made available under section 8 c 3 . 3 nonreimbursability of costs. all costs',
'incurred in carrying out this section shall be nonreimbursable. 4 administration. page 134 stat. 3019 a in general. subject to',
'subparagraph b , the secretary and the tribes shall negotiate the cost of any oversight activity carried out by the',
'secretary under any agreement entered into under paragraph 1 a . b requirement. all costs associated with an oversight activity',
'i shall be paid with funds deposited in the salish and kootenai compact account established under section 8 b 1',
'; and ii notwithstanding subsection c , may include costs associated with review or approval of environmental compliance work and',
'related federal functions. c limitation on cost. the total cost described in subparagraph a shall not exceed 3 percent of',
'the total project costs for each project. e treatment. any activities carried out pursuant to subsection b that result in',
'improvements, additions, or modifications to the flathead indian irrigation project, including the acquisition of any real property interest, shall 1',
'become a part of the flathead indian irrigation project; and 2 be recorded in the inventory of the secretary relating',
'to the flathead indian irrigation project. f easements and rights of way. 1 tribal easements and rights of way. a',
'in general. on request of the secretary, the tribes shall grant, at no cost to the united states, such easements',
'and rights of way over tribal land as are necessary for construction relating to an activity under this section. b',
'jurisdiction. an easement or right of way granted by the tribes pursuant to subparagraph a shall not affect in any',
'respect the civil or criminal jurisdiction of the tribes over the easement or right of way. 2 landowner easements and',
'rights of way. in partial consideration for the construction activities associated with the rehabilitation and modernization of the flathead indian',
'irrigation project authorized by this section, and as a condition of receiving service from the flathead indian irrigation project, a',
'willing landowner shall confirm or grant, at no cost to the united states or the tribes, such easements and rights',
'of way over the land of the landowner as may be necessary for a an activity authorized by this section;',
'or b access to and operation and maintenance of i the flathead indian irrigation project; or ii the mission valley',
'power project. 3 condemnation not authorized. nothing in this section authorizes the secretary to condemn interests in land for the',
'flathead indian irrigation project. g land acquired by united states or tribes. any land acquired within the boundaries of the',
'reservation by the united states on behalf of the tribes, or by the tribes on behalf of the tribes and',
'conveyed to the united states, in connection with the purposes of this section shall be held in trust by the',
'united states for the benefit of the tribes. h effect. nothing in this section page 134 stat. 3020 1 alters',
'any applicable law under which the bureau of indian affairs collects assessments or carries out the operation and maintenance of',
'the flathead indian irrigation project; or 2 impacts the availability of amounts under section 9. i note: determinations. water source',
'for flathead indian irrigation project. 1 in general. the water source for the flathead indian irrigation project a shall be',
'determined in accordance with article ii 32 of the compact; and b shall consist of i the water right set',
'forth in article iii.c.1.a of the compact; and ii any use of water for irrigation and incidental purposes pursuant to',
'an applicable water service contract. 2 entitlement to delivery of water. entitlement to delivery of available irrigation water for assessed',
'parcels shall be determined in accordance with article iv.d.2 of the compact. sec. 8. selis qlispe ksanka settlement trust fund.',
'a establishment. the secretary shall establish in the treasury of the united states a trust fund, to be known as',
'the selis qlispe ksanka settlement trust fund, to be allocated, maintained, managed, invested, and distributed by the secretary, and to',
'remain available until expended, consisting of the amounts deposited in the trust fund under section 9 a , together with',
'any interest earned on those amounts, for the purpose of carrying out this act. b accounts. the secretary shall establish',
'in the trust fund the following accounts: 1 the salish and kootenai compact account, for the uses described in paragraphs',
'1 and 2 of subsection h . 2 the salish and kootenai settlement implementation account, for any use described in',
'subsection h . c deposits. 1 in general. the secretary shall deposit in the trust fund the amounts made available',
'pursuant to section 9 a 1 . 2 allocation into accounts. a in general. subject to subparagraph b , each',
'year, the secretary shall allocate from the trust fund amounts into each of the accounts described in paragraphs 1 and',
'2 of subsection b in such proportions as the secretary and the tribes may agree. b requirement. in any year,',
'if the tribes and the secretary are unable to agree on the amounts to be allocated under subparagraph a for',
'that year, the secretary shall deposit equal sums in each account. 3 transfer. if the tribes do not elect to',
'carry out the activities described in subsection b of section 7 by the deadline described in subsection d 1 c',
'of that section, the secretary, on an annual basis, shall transfer funds from the account established under subsection b 1',
'to an appropriate programmatic account solely for the purpose of carrying out those activities and the activities described in section',
'7 c . d management and interest. page 134 stat. 3021 1 management. on receipt and deposit of the funds',
'into the trust fund, the secretary shall manage, invest, and distribute the amounts in accordance with the investment authority of',
'the secretary under a the first section of the act of june 24, 1938 25 u.s.c. 162a ; b the',
'american indian trust fund management reform act of 1994 25 u.s.c. 4001 et seq. ; and c this section. 2',
'investment earnings. in addition to the deposits under section 9 a , any investment earnings, including interest, credited to the',
'amounts in the trust fund shall be available for use in accordance with subsection h . e availability of amounts.',
'1 in general. amounts deposited in the trust fund including any investment earnings shall be made available to the tribes',
'by the secretary beginning on the enforceability date, subject to the requirements of this act. 2 use. notwithstanding paragraph 1',
', any amounts a deposited in the account described in subsection b 1 or transferred to another account under subsection',
'c 3 , shall be available to the tribes or the secretary, as applicable, on the date on which the',
'amounts are deposited or transferred, for the uses described in subsection h 1 , in accordance with appendix 3.6 to',
'the compact; and b deposited in the account described in subsection b 1 shall be available to the tribes on',
'the date on which the amounts are deposited for the uses described in subsection h 2 . f withdrawals under',
'aitfmra. 1 in general. the tribes may withdraw any portion of the amounts in the account described in subsection b',
'2 on approval by the secretary of a tribal management plan submitted by the tribes in accordance with the american',
'indian trust fund management reform act of 1994 25 u.s.c. 4001 et seq. . 2 inapplicability of aitfmra. a withdrawal',
'from the account described in subsection b 1 a shall be made only in accordance with subsection e and section',
'7; and b notwithstanding any other provision of law, shall not be subject to the american indian trust fund management',
'reform act of 1994 25 u.s.c. 4001 et seq. . 3 requirements. a in general. in addition to the requirements',
'under the american indian trust fund management reform act of 1994 25 u.s.c. 4001 et seq. , the tribal management',
'plan under paragraph 1 shall require that the tribes shall spend all amounts withdrawn from the trust fund and any',
'investment earnings accrued through the investments under the tribal management plan in accordance with this act. b note: determination. enforcement.',
'the secretary may carry out such judicial and administrative actions as the secretary determines to be necessary to enforce the',
'tribal management plan to ensure that amounts withdrawn by the tribes page 134 stat. 3022 from the trust fund pursuant',
'to this subsection are used in accordance with this act. g effect. nothing in this act provides to the tribes',
'the right to judicial review of a determination by the secretary regarding whether to approve a tribal management plan, except',
'under subchapter ii of chapter 5, and chapter 7 of title 5, united states code commonly known as the administrative',
'procedure act . h uses. the tribes may use amounts in the trust fund to implement the compact, the law',
'of administration, and this act for the following purposes: 1 to carry out activities described in subsections b and c',
'of section 7. 2 the administration, implementation, and management of the tribal water right and the regulation and administration of',
'water rights within the reservation under this act, the compact, and the law of administration, and such infrastructure as is',
'necessary to meet related programmatic needs. 3 to implement the tribal water right through rehabilitation and improvement of agricultural indian',
'land within the reservation. 4 to construct and rehabilitate livestock fencing on indian land within the reservation. 5 to mitigate',
'and control noxious weeds on land within the reservation. 6 to plan, design, and construct improvements to irrigation systems on',
'land served by the flathead indian irrigation project. 7 to install screens, barriers, passages, or ladders to prevent fish entrainment',
'in irrigation ditches and canals within the reservation. 8 to plan, design, and construct irrigation facilities on indian land within',
'the reservation that is not served by the flathead indian irrigation project. 9 to plan, design, construct, operate, maintain, and',
'replace community water distribution and wastewater treatment facilities on the reservation. 10 to develop geothermal water resources on indian land',
'within the reservation. 11 to develop a cultural resources program relating to permitting necessary to conduct the activities authorized under',
'this subsection including cultural, historical, and archeological reviews, including training and certifications and related infrastructure necessary to meet programmatic needs.',
'12 note: compliance. to comply with federal environmental laws for any use authorized by this subsection. 13 to repair, rehabilitate,',
'or replace culverts, bridges, and roads of the flathead indian irrigation project and any public or tribal culverts, bridges, and',
'roads that intersect with, or are otherwise located within, the supply and distribution network of the flathead indian irrigation project.',
'i liability. except with respect to amounts transferred in accordance with section 7 d , the secretary shall not be',
'liable for the expenditure or investment of any amounts withdrawn from the trust fund by the tribes under this section.',
'j expenditure reports. page 134 stat. 3023 1 note: time period. in general. not less frequently than annually, the tribes',
'shall submit to the secretary an expenditure report describing a the amount withdrawn from the trust fund under this section;',
'and b any authorized activities resulting from the use of a withdrawal under a tribal management plan, in accordance with',
'this act. 2 application. any amounts transferred to the tribes pursuant to a self governance agreement and funding agreement entered',
'into between the tribes and the secretary under title iv of the indian self determination and education assistance act 25',
'u.s.c. 5361 et seq. shall not be subject to paragraph 1 . k om&r costs. except as otherwise provided in',
'this act, nothing in this act affects any obligation of the united states with respect to the operation, maintenance, and',
'repair of the flathead indian irrigation project. sec. 9. funding. a funding. 1 authorization of appropriations. there is authorized to',
'be appropriated to the secretary for deposit in the trust fund $1,000,000,000, to remain available until expended, withdrawn, or reverted',
'to the general fund of the treasury. 2 mandatory funding. a note: effective dates. time period. in general. on october',
'1, 2020, and on each october 1 thereafter through october 1, 2029, out of any funds in the treasury not',
'otherwise appropriated, the secretary of the treasury shall deposit in the trust fund $90,000,000, to remain available until expended, withdrawn,',
'or reverted to the general fund of the treasury. b availability. amounts deposited in the trust fund under subparagraph a',
'shall be available without further appropriation. b fluctuation in costs. 1 in general. of the amounts authorized to be appropriated',
'and appropriated to the trust fund under paragraphs 1 and 2 , respectively, of subsection a a $347,200,000 shall be',
'increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring',
'after the date of enactment of this act, as indicated by the consumer price index for all urban consumers west',
'urban 50,000 to 1,500,000 index; b $111,400,000 shall be increased or decreased, as appropriate, by such amounts as may be',
'justified by reasons of ordinary fluctuations in costs occurring after the date of enactment of this act, as indicated by',
'the producer price index for the bureau of labor statistics; and c $1,441,400,000 shall be increased or decreased, as appropriate,',
'by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment',
'of this act, as indicated by the bureau of reclamation construction costs index composite trend. 2 requirements for adjustment process.',
'the adjustment process under this subsection shall page 134 stat. 3024 a take into account any agreement reached by the',
'secretary and the tribes under paragraph 4 ; and b be repeated for each subsequent amount appropriated for deposit in',
'the trust fund until the amount authorized to be appropriated, as so adjusted, has been appropriated. 3 period of indexing.',
'the period of indexing adjustment under this subsection for any increment of funding shall end on the date on which',
'funds are deposited in the trust fund. 4 agreement. based on the activities likely to be conducted using amounts deposited',
'in the trust fund, the secretary and the tribes may agree on which provisions of paragraph 1 shall govern the',
'fluctuation in costs to be used in calculating the amount authorized to be appropriated under subsection a 1 . c',
'limitation on use of reclamation water settlements fund. notwithstanding any other provision of law 1 note: time period. no amounts',
'in the reclamation water settlements fund established by section 10501 a of the omnibus public land management act of 2009',
'43 u.s.c. 407 a may be used by the tribes or the secretary to carry out any provision of this',
'act until the date that is 10 years after the date of enactment of this act; and 2 note: effective',
'date. effective beginning on the date that is 10 years after that date of enactment, the total amount used by',
'the tribes and the secretary to carry out this act from the reclamation water settlements fund shall not exceed an',
'amount equal to 50 percent of the total amount in the fund on that date. sec. 10. waivers and releases',
'of claims. a waivers and releases. 1 claims by tribes and united states as trustee for tribes. subject to the',
'reservation of rights and retention of claims under subsection c , as consideration for recognition of the tribal water right',
'and other benefits described in the compact and this act, the tribes, acting on behalf of the tribes and members',
'of the tribes but not any member of the tribes as an allottee , and the united states, acting as',
'trustee for the tribes and the members of the tribes but not any member of the tribes as an allottee',
', shall execute a waiver and release with prejudice of all claims for water rights within the state that the',
'tribes, or the united states acting as trustee for the tribes, asserted or could have asserted in any proceeding, including',
'a state stream adjudication, on or before the enforceability date, except to the extent that such a right is recognized',
'in the compact and this act. 2 claims by united states as trustee for allottees. subject to the reservation of',
'rights and the retention of claims under subsection c , as consideration for recognition of the tribal water right and',
'other benefits described in the compact and this act, the united states, acting as trustee for allottees, shall execute a',
'waiver and release with prejudice of all claims for water rights within the reservation that the united states, acting as',
'trustee for allottees, asserted or could have asserted in any proceeding, including a state stream adjudication, on page 134 stat.',
'3025 or before the enforceability date, except to the extent that such a right is recognized in the compact and',
'this act. 3 claims by tribes against united states. subject to the reservation of rights and retention of claims under',
'subsection c , the tribes, acting on behalf of the tribes and members of the tribes but not any member',
'of the tribes as an allottee , shall execute a waiver and release with prejudice of all claims against the',
'united states including any agency or employee of the united states first arising before the enforceability date a relating to',
'i water rights within the state that the united states, acting as trustee for the tribes, asserted or could have',
'asserted in any proceeding, including the general stream adjudication in the state, except to the extent that such rights are',
'recognized as part of the tribal water right under this act; ii foregone benefits from nontribal use of water, on',
'and off the reservation including water from all sources and for all uses ; iii damage, loss, or injury to',
'water, water rights, land, or natural resources due to loss of water or water rights including damages, losses, or injuries',
'to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with,',
'diversion, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights,',
'or water infrastructure within the state; iv a failure to establish or provide a municipal, rural, or industrial water delivery',
'system on the reservation; v damage, loss, or injury to water, water rights, land, or natural resources due to construction,',
'operation, and management of the flathead indian irrigation project and other federal land and facilities including damages, losses, or injuries',
'to tribal fisheries, fish habitat, wildlife, and wildlife habitat ; vi damage, loss, or injury from failure to protect natural',
'resources and land against noxious weeds impacts; vii inadequate compensation for minerals extracted; viii inadequate compensation for land and interests',
'in land used for bureau of indian affairs roads and wildlife refuges; ix a failure to provide i for operation,',
'maintenance, or deferred maintenance for the flathead indian irrigation project or any other irrigation system or irrigation project; or ii',
'a dam safety improvement to a dam within the reservation; x the litigation of claims relating to any water right',
'of the tribes in the state; and xi the negotiation, execution, or adoption of the compact or this act; page',
'134 stat. 3026 b reserved under subsections b through d of section 6 of the settlement agreement for the case',
'entitled nez perce tribe v. salazar, no. 06cv2239tfh d.d.c. 2012 ; and c arising from the taking or acquisition of',
'land or resources of the tribes for the construction or operation of the flathead indian irrigation project. 4 certain off',
'reservation water rights. a in general. notwithstanding the confirmation of the water rights of the tribes described in appendices 28',
'and 29 to the compact, as consideration for recognition of the tribal water right and other benefits described in the',
'compact and this act, the tribes shall relinquish any right, title, or claim to the water rights located within the',
'flathead basin and described in those appendices. b requirement. the water rights described in subparagraph a shall be held solely',
'by the state. b note: federal register, publication. enforceability date. the waivers and releases of claims under subsection a shall',
'take effect on the date on which the secretary publishes in the federal register a statement of findings that 1',
'a the montana water court has approved the compact in a manner from which no further appeal may be taken;',
'or b if the montana water court is found to lack jurisdiction, the applicable united states district court has approved',
'the compact as a consent decree from which no further appeal may be taken; 2 all amounts authorized to be',
'appropriated under section 9 have been appropriated; 3 the state has appropriated and paid into an interest bearing escrow account',
'any payments due to the tribes as of the date of enactment of this act under the compact and this',
'act; 4 the tribes have ratified the compact; 5 the secretary has fulfilled the requirements of section 6; and 6',
'the waivers and releases described in subsection a have been executed by the tribes and the secretary. c reservation of',
'rights and retention of claims. notwithstanding the waivers and releases under subsection a , the tribes, acting on behalf of',
'the tribes and members of the tribes, and the united states, acting as trustee for the tribes and allottees, shall',
'retain 1 all claims relating to a the enforcement of, or claims accruing after the enforceability date relating to water',
'rights recognized under i the compact; ii any final decree; or iii this act; and b activities affecting the quality',
'of water, including any claims under i the comprehensive environmental response, compensation, and liability act of 1980 42 u.s.c. 9601',
'et seq. , including damages to natural resources; page 134 stat. 3027 ii the safe drinking water act 42 u.s.c.',
'300f et seq. ; iii the federal water pollution control act 33 u.s.c. 1251 et seq. commonly referred to as',
'the clean water act ; and iv any regulations implementing the acts described in clauses i through iii ; 2',
'all rights to use and protect water rights acquired after the date of enactment of this act; 3 all claims',
'for damages, losses, or injuries to land or natural resources that are a not due to loss of water or',
'water rights including hunting, fishing, gathering, or cultural rights ; and b not covered by subsection a 3 ; and',
'4 all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this act or the compact.',
'd effect of compact and act. nothing in the compact or this act 1 except as otherwise expressly provided in',
'the compact or this act, reduces or extends the sovereignty including civil and criminal jurisdiction of any government entity; 2',
'affects the ability of the united states acting as sovereign to carry out any activity authorized by applicable law, including',
'a the comprehensive environmental response, compensation, and liability act of 1980 42 u.s.c. 9601 et seq. ; b the safe',
'drinking water act 42 u.s.c. 300f et seq. ; c the federal water pollution control act 33 u.s.c. 1251 et',
'seq. commonly referred to as the clean water act ; and d any regulations implementing the acts described in subparagraphs',
'a through c ; 3 affects the ability of the united states to act as trustee for any other indian',
'tribe or allottee of any other indian tribe; 4 confers jurisdiction on any state court a to interpret federal law',
'regarding health, safety, or the environment; b to determine the duties of the united states or any other party under',
'federal law regarding health, safety, or the environment; or c to conduct judicial review of any federal agency action; 5',
'waives any claim of a member of the tribes in an individual capacity that does not derive from a right',
'of the tribes; 6 revives any claim waived by the tribes in the case entitled nez perce tribe v. salazar,',
'no. 06cv2239tfh d.d.c. 2012 ; or 7 revives any claim released by an allottee or member of the tribes in',
'the settlement for the case entitled cobell v. salazar, no. 1:96cv01285 jr d.d.c. 2012 . e tolling of claims. 1',
'note: time period. in general. each applicable period of limitation and time based equitable defense relating to a claim described',
'in page 134 stat. 3028 this section shall be tolled during the period beginning on the date of enactment of',
'this act and ending on the date on which the amounts made available to carry out this act are transferred',
'to the secretary. 2 effect of subsection. nothing in this subsection revives any claim or tolls any period of limitation',
'or time based equitable defense that expired before the date of enactment of this act. f expiration. 1 in general.',
'this act shall expire in any case in which a the amounts authorized to be appropriated by this act have',
'not been made available to the secretary by not later than i january 21, 2031; or ii such alternative later',
'date as is agreed to by the tribes and the secretary; or b the secretary fails to publish a statement',
'of findings under subsection b by not later than i january 21, 2032; or ii such alternative later date as',
'is agreed to by the tribes and the secretary, after providing reasonable notice to the state. 2 consequences. if this',
'act expires under paragraph 1 a the waivers and releases under subsection a shall i expire; and ii have no',
'further force or effect; b the authorization, ratification, confirmation, and execution of the compact under section 4 shall no longer',
'be effective; c any action carried out by the secretary, and any contract or agreement entered into, pursuant to this',
'act shall be void; d any unexpended federal funds appropriated or made available to carry out the activities authorized by',
'this act, together with any interest earned on those funds, and any water rights or contracts to use water and',
'title to other property acquired or constructed with federal funds appropriated or made available to carry out the activities authorized',
'by this act shall be returned to the federal government, unless otherwise agreed to by the tribes and the united',
'states and approved by congress; and e except for federal funds used to acquire or construct property that is returned',
'to the federal government under subparagraph d , the united states shall be entitled to offset any federal funds made',
'available to carry out this act that were expended or withdrawn, or any funds made available to carry out this',
'act from other federal authorized sources, together with any interest accrued on those funds, against any claims against the united',
'states i relating to i water rights in the state asserted by aa the tribes; or page 134 stat. 3029',
'bb any user of the tribal water right; or ii any other matter covered by subsection a 3 ; or',
'ii in any future settlement of water rights of the tribes or an allottee. sec. 11. satisfaction of claims. a',
'tribal claims. the benefits realized by the tribes under this act shall be in complete replacement of, complete substitution for,',
'and full satisfaction of all claims of the tribes against the united states waived and released pursuant to paragraphs 1',
'and 3 of section 10 a . b allottee claims. the benefits realized by allottees under this act shall be',
'in complete replacement of, complete substitution for, and full satisfaction of 1 all claims waived and released pursuant to section',
'10 a 2 ; and 2 any claims of an allottee against the united states that an allottee asserted or',
'could have asserted that are similar in nature to a claim described in section 10 a 2 . sec. 12.',
'national bison range restoration. a findings; purposes. 1 findings. congress finds that a the reservation was set aside for the',
'tribes in 1855 under the treaty between the united states and the tribes concluded at hell gate on july 16,',
'1855 12 stat. 975 ; b the national bison range was established as a conservation measure in 1908, a time',
'when the bison were at grave risk of extinction; c the national bison range is located in the middle of',
'the reservation on land that was acquired by the united states in what was later held, in the civil action',
'entitled confederated salish and kootenai tribes of the flathead indian reservation, montana v. united states 437 f.2d 458 ct.cl. 1971',
', to be a taking under the fifth amendment to the constitution of the united states; d the tribes never',
'consented to the removal of the land described in subparagraph c from tribal ownership; e since time immemorial until the',
'establishment of the national bison range, the tribes had used the land described in subparagraph c for i hunting, fishing,',
'and gathering; and ii cultural and many other purposes; f i in the 1870s, when slaughter resulted in the risk',
'of bison extinction, a pend doreille man named little falcon robe received approval from leaders of the tribes to bring',
'orphaned bison calves across the continental divide to the reservation for purposes of starting a herd for subsistence and conservation',
'purposes; ii starting with just a few bison calves, the animals grew into a large herd under the stewardship of',
'members of the tribes, who later included michel pablo and charles allard; and page 134 stat. 3030 iii the reservation',
'was the home of that free ranging herd of bison for decades before the establishment of the national bison range;',
'g when the reservation was opened for homesteading, a free ranging bison herd was no longer feasible, resulting in michel',
'pablo selling the herd to off reservation interests; h many of the bison, or their descendants, from the tribal member',
'managed herd were repurchased and brought back to the reservation to form the original herd for the national bison range;',
'i the bison herd at the national bison range descends largely from a herd started and managed as described in',
'subparagraph f ; j the tribes i have played a substantive role as conservation leaders, often in partnership with the',
'national bison range; ii have demonstrated a long term commitment to responsible management of the land and resources surrounding the',
'national bison range; and iii desire to carry out the purposes for which the national bison range was established; k',
'the tribes have extensive experience in wildlife and natural resources management, including i the establishment and management of the 91,000',
'acre mission mountains tribal wilderness, the first tribally designated wilderness area in the united states; ii special management districts for',
'large animals, such as the little money bighorn sheep management area and the ferry basin elk management area; and iii',
'the restoration and management of bighorn sheep populations, peregrine falcons, and trumpeter swans on the reservation; l the tribes have',
'an extensive history of successful partnerships with federal agencies with respect to issues such as i threatened and endangered species',
'management; ii migratory waterfowl management; and iii wetland habitat management; m i the tribes have entered into prior management related',
'agreements relating to the national bison range under title iv of the indian self determination and education assistance act 25',
'u.s.c. 5361 et seq. ; and ii the tribes and the united states desire to build on past and current',
'partnerships, as well as honor and advance the federal and tribal objectives of increasing tribal autonomy and tribal governmental capacity;',
'n since the establishment of the national bison range, additional herds of bison have been established on other national wildlife',
'refuges and national parks; o the facts and history regarding the federal government, the tribes, the bison, and land on',
'the reservation acquired for the national bison range are exceptional circumstances that warrant action by congress; and page 134 stat.',
'3031 p the united states should hold title in and to the land comprising the national bison range, with beneficial',
'title of the land being restored to the tribes for i continued bison conservation; ii other wildlife and natural resource',
'management purposes; and iii other nonconflicting purposes of the tribes. 2 purposes. the purposes of this section are a to',
'acknowledge the history, culture, and ecological stewardship of the tribes with respect to the land on the reservation acquired for',
'the national bison range, bison, and other natural resources; b to ensure that the land, bison, and other resources referred',
'to in subparagraph a continue to be protected and enhanced; c to continue public access and educational opportunities; and d',
'to ensure a smooth transition for land, bison, and other natural resources as the land is restored to federal trust',
'ownership for the benefit of the tribes. b definition of national bison range. in this section, the term national bison',
'range means all land within the reservation that was reserved for the national bison range under the matter under the',
'heading national bison range under the heading miscellaneous under the heading department of agriculture in the act of may 23,',
'1908 16 u.s.c. 671 as in effect on the day before the date of enactment of this act . c',
'restoration of land. 1 in general. notwithstanding any other provision of law, for the purposes of conserving bison, wildlife, and',
'natural resources, and of safeguarding the interests of the tribes in those resources and the traditional, cultural, and other interests',
'of the tribes, all land comprising the national bison range including all natural resources, interests, and appurtenances of that land',
'shall be held in trust by the united states for the benefit of the tribes. 2 administration. the land restored',
'by paragraph 1 shall be a a part of the reservation; b administered under the laws including regulations applicable to',
'indian trust land; and c managed by the tribes, in accordance with paragraph 3 , solely for the care and',
'maintenance of bison, wildlife, and other natural resources, including designation or naming of the restored land. 3 tribal management. in',
'managing the land restored by paragraph 1 , the tribes shall a provide public access and educational opportunities; and b',
'note: public information. plan. at all times, have a publicly available management plan for the land, bison, and natural resources,',
'which shall include actions to address management and control of invasive weeds. d conveyance of buildings and other structures. 1',
'in general. the united states shall convey to the tribes, to own in fee, all ownership interests of the united',
'page 134 stat. 3032 states in all buildings, structures, improvements, and appurtenances located on the land restored by subsection c',
'1 . 2 personal property. the united states may convey to the tribes any personal property owned by the united',
'states and found on, or otherwise associated with, the land restored by subsection c 1 . e relinquishment of rights',
'to bison. the united states relinquishes to the tribes all interests of united states in the bison on the land',
'restored by subsection c 1 . f transition. 1 note: time period. effective date. determination. in general. notwithstanding any other',
'provision of law, during the 2 year period beginning on the date of enactment of this act, the secretary shall',
'cooperate with the tribes in transition activities regarding the management of land, bison, and other resources conveyed by this act,',
'including by providing to the tribes, as determined to be appropriate by the secretary, funds, personal property, equipment, or other',
'resources for the performance of, or assistance with, the types of activities carried out by the secretary at the national',
'bison range as of the date of enactment of this act. 2 effect. consistent with subsections c , d ,',
'and e , nothing in this section authorizes the director of the united states fish and wildlife service to retain',
'ownership or control of any real or personal property conveyed by this section, except as the tribes may agree to',
'in writing. g repeal. the matter under the heading national bison range under the heading miscellaneous under the heading department',
'of agriculture in the act of may 23, 1908 16 u.s.c. 671 , is repealed. h liability. the tribes shall',
'not be liable for any land, soil, surface water, groundwater, or other contamination, injury, or damage resulting from the storage,',
'disposal, release, or presence of any hazardous substance as defined in section 101 of the comprehensive environmental response, compensation, and',
'liability act of 1980 42 u.s.c. 9601 on any portion of the land restored by this section on or before',
'the date of the conveyance, unless the tribes would otherwise have been responsible for the storage, disposal, release, or presence.',
'i claims against united states. no claim may be brought pursuant to chapter 7 of title 5, united states code,',
'or section 1491 or 1505 of title 28, united states code, against the united states, or any agency, officer, or',
'employee of the united states, concerning the preconveyance or postconveyance management of the land and other property conveyed by this',
'section. j effect. nothing in this section relieves the united states of any obligation under section 120 h 3 of',
'the comprehensive environmental response, compensation, and liability act of 1980 42 u.s.c. 9620 h 3 . k no precedent. the',
'provisions of this section 1 are uniquely suited to address the distinct circumstances, facts, history, and relationships involved with the',
'bison, land, and tribes; and 2 are not intended, and shall not be interpreted, to establish a precedent for any',
'other situation regarding federal land, property, or facilities. l indian gaming regulatory act. the land restored by this section shall',
'not be eligible or used for any gaming activity page 134 stat. 3033 carried out under the indian gaming regulatory',
'act 25 u.s.c. 2701 et seq. . sec. 13. miscellaneous provisions. a amendments. 1 act of april 23, 1904. section',
'9 of the act of april 23, 1904 33 stat. 304, chapter 1495; 35 stat. 450, chapter 216 , is',
'amended by striking the seventh undesignated paragraph. 2 act of may 25, 1948. section 2 of the act of may',
'25, 1948 62 stat. 269, chapter 340 , is amended a in subsection h , by striking paragraph 6 and',
'inserting the following: 6 to enhance fisheries habitat or to improve water conservation management of the project. ; and b',
'by adding at the end the following: k mission valley division. 1 in general. the secretary of the interior referred',
'to in this section as the secretary , or the confederated salish and kootenai tribes of the flathead reservation of',
'montana acting on behalf of the secretary, as the entity with the legal authority and responsibility to operate the mission',
'valley division of the project referred to in this subsection as the project operator , may allocate revenues derived from',
'the mission valley division in accordance with paragraph 2 for the purposes described in subsection h 6 . 2 allocation.',
'a in general. subject to subparagraphs b and c , the revenues described in paragraph 1 shall be allocated by',
'providing i $100,000 to the tribes; and ii $100,000 to the project operator. b note: effective date. negotiation. effective beginning',
'on october 1 of the tenth calendar year beginning after the date of enactment of the montana water rights protection',
'act, the confederated salish and kootenai tribes of the flathead reservation of montana, the state of montana, and the secretary',
'may negotiate for an appropriate allocation that differs from the allocation described in subparagraph a . c carryover. if the',
'project operator does not use the full allocation of the project operator under this paragraph for a fiscal year, an',
'amount equal to the difference between the full allocation and the amount used by the project operator shall be set',
'aside and accumulated for expenditure during subsequent fiscal years for the purposes described in subsection h 6 .. 3 indian',
'self determination and education assistance act. section 403 b 4 of the indian self determination and education assistance act 25',
'u.s.c. 5363 b 4 is amended a in subparagraph a , by adding and at the end; b in subparagraph',
'b , by striking and at the end; and c by striking subparagraph c . page 134 stat. 3034 b',
'liens. any lien established by the act of april 23, 1904 33 stat. 302, chapter 1495; 35 stat. 449, chapter',
'216 , is extinguished and released. c waiver of sovereign immunity. except as provided in subsections a through c of',
'section 208 of the department of justice appropriation act, 1953 43 u.s.c. 666 , nothing in this act waives the',
'sovereign immunity of the united states. d other tribes not adversely affected. nothing in this act quantifies or diminishes any',
'land or water right, or any claim or entitlement to land or water, of any indian tribe other than the',
'tribes. e limitation on claims for reimbursement. with respect to indian land located within the reservation 1 the united states',
'shall not submit against any indian owned land within the reservation any claim for reimbursement of the cost to the',
'united states of carrying out this act or the compact; and 2 no assessment of any indian owned land located',
'within the reservation shall be made regarding that cost. f limitation on liability of united states. 1 in general. the',
'united states has no obligation a to monitor, administer, or account for, in any manner, any funds provided to the',
'tribes by the state; or b to review or approve any expenditure of the funds described in subparagraph a .',
'2 indemnity. the tribes shall indemnify the united states, and hold the united states harmless, with respect to all claims',
'including claims for takings or breach of trust arising from the receipt or expenditure of amounts to carry out this',
'act other than claims arising out of activities carried out by the tribes with funds transferred in accordance with section',
'7 d . g antideficiency. the united states shall not be liable for any failure to carry out any obligation',
'or activity authorized by this act including any obligation or activity under the compact if 1 adequate appropriations are not',
'provided expressly by congress to carry out this act; or 2 subject to section 9 c , insufficient funds are',
'available to carry out this act in the reclamation water settlements fund established by section 10501 a of the omnibus',
'public land management act of 2009 43 u.s.c. 407 a . h federal advisory committee act. the federal advisory committee',
'act 5 u.s.c. app. shall not apply to any activity or function carried out by the secretary under this act.',
'i cooperative operation and maintenance of flathead indian irrigation project. 1 agreement with secretary. on receipt of a joint request',
'from the tribes and 1 or more irrigation districts within the flathead indian irrigation project, the secretary shall enter into',
'an agreement with the tribes and the irrigation districts for the cooperative operation and maintenance of the flathead indian irrigation',
'project, or any portion of the flathead indian irrigation project, under such form of organization and under such conditions as',
'may be acceptable to the secretary. page 134 stat. 3035 2 establishment of organization. a in general. in lieu of',
'entering into an agreement under paragraph 1 , the tribes and 1 or more irrigation districts within the flathead indian',
'irrigation project may jointly establish an organization for the purpose of entering into an agreement for the operation and maintenance',
'of the flathead indian irrigation project under the indian self determination and education assistance act 25 u.s.c. 5301 et seq.',
'. b contract support costs. any contract support costs pursuant to section 106 a of the indian self determination and',
'education assistance act 25 u.s.c. 5325 a for an organization established pursuant to subparagraph a shall be limited to funds',
'available from annual assessment under part 171 of title 25, code of federal regulations or successor regulations . c treatment.',
'an organization established pursuant to subparagraph a shall be considered to be a tribal organization as defined in section 4',
'of the indian self determination and education assistance act 25 u.s.c. 5304 for purposes of that act. d annual o&m',
'assessments. nothing in this subsection limits the ability of an organization established pursuant to subparagraph a to include the costs',
'of administering the flathead indian irrigation project when establishing annual assessment rates in accordance with part 171 of title 25,',
'code of federal regulations or successor regulations . j exchanges of land. 1 definitions. in this subsection: a public land.',
'the term public land means i public lands as defined in section 103 of the federal land policy and management',
'act of 1976 43 u.s.c. 1702 ; and ii land managed by the secretary of agriculture under the jurisdiction of',
'the forest service. b secretary concerned. the term secretary concerned means, as applicable i the secretary, with respect to the',
'public land described in subparagraph a i ; or ii the secretary of agriculture, with respect to the public land',
'described in subparagraph a ii . 2 state trust land. a in general. the secretary concerned shall offer to negotiate',
'with the state for the purpose of exchanging public land within the state for state trust land located within the',
'reservation with a total value substantially equal to the value of the surface estate of the approximately 36,808 acres of',
'state trust land obtained by the state pursuant to i the act of february 22, 1889 commonly known as the',
'montana enabling act 25 stat. 676, chapter 180 , and the act of april 23, 1904 33 stat. 302, chapter',
'1495; 35 stat. 449, chapter 216 ; or ii the act of february 25, 1920 41 stat. 452 . b',
'procedures. an exchange described in subparagraph a shall be conducted in accordance with section page 134 stat. 3036 206 of',
'the federal land policy and management act of 1976 43 u.s.c. 1716 . c note: determination. valuation. in determining the',
'fair market value of land for purposes of subparagraph a , the parties to the exchange shall give due consideration',
'to the value of any improvements on the land. d financial impact. the secretary concerned shall ensure that land exchanged',
'pursuant to this paragraph is selected in a manner that minimizes the financial impact on local governments, if any. e',
'assistance. the secretary concerned shall provide such financial or other assistance to the state and the tribes as may be',
'necessary to obtain the appraisals, and to satisfy administrative requirements, necessary to accomplish the exchanges under subparagraph a . f',
'title. on approving an exchange under this paragraph, the secretary concerned shall i receive title in and to the state',
'trust land involved in the exchange, on behalf of the united states; and ii transfer title in and to the',
'public land disposed of in the exchanges with the state by such means of conveyance as the secretary concerned considers',
'to be appropriate. g trust. title to the state trust land acquired pursuant to an exchange under this paragraph shall',
'be i vested in the united states in trust for the sole use and benefit of the tribes; and ii',
'recognized as part of the reservation. 3 requirements. a note: time period. effective date. in general. in carrying out paragraph',
'2 , the secretary concerned shall, during the 5 year period beginning on the date of enactment of this act,',
'give priority to an exchange of public land within the state for state trust land owned by the state. b',
'total value. the total value of the land exchanged and acquired for the tribes pursuant to this subsection shall not',
'exceed the value of the surface estate of the 36,808 acres described in paragraph 2 a . c private exchanges.',
'i in general. subject to subparagraph b , if, for any reason, after the expiration of the period described in',
'subparagraph a , the exchanges under paragraph 2 have not provided to the tribes a total of 36,808 acres of',
'surface land within the boundaries of the reservation, the secretary concerned shall, at the request of, and in cooperation with,',
'the tribes, develop and implement a program to provide to the tribes additional land within the reservation through land exchanges',
'with private landowners. ii requirement. in carrying out this subparagraph, the secretary concerned may exchange public land within the state',
'for private land of substantially equal value within the boundaries of the reservation, in accordance with section 206 of the',
'federal land policy and management act of 1976 43 u.s.c. 1716 . page 134 stat. 3037 d note: determination. valuation.',
'in determining the fair market value of land under subparagraph c , the parties to an exchange made pursuant to',
'that subparagraph shall give due consideration to the value of improvements on the land. e title. if the secretary concerned',
'obtains private land pursuant to subparagraph c , the secretary concerned shall transfer title to the land to the tribes.',
'f trust. title to any private land or public land transferred to the tribes pursuant to this paragraph shall i',
'be vested in the united states in trust for the sole use and benefit of the tribes; and ii be',
'recognized as part of the reservation, if the land is located within the boundaries of the reservation. g tribal assistance.',
'the tribes shall assist in obtaining prospective willing parties to exchange private land within the reservation for public land within',
'the state under this paragraph. 4 protection of grazing rights. state trust land that is not adjacent to tribal land',
'shall not be eligible to be exchanged under this subsection. k review of decisions. a court of competent jurisdiction shall',
'review the decisions of the flathead reservation water management board and the montana department of fish, wildlife, and parks in',
'accordance with 1 the compact; 2 the law of administration; and 3 this act. l payments to certain counties. 1',
'payments. a by secretary. subject to paragraph 2 , to reduce the financial impact on the counties in which the',
'land restored by section 12 is located, the secretary shall make payments to lake county and sanders county in the',
'state, out of amounts in the fund established under section 401 a of the act of june 15, 1935 16',
'u.s.c. 715s a . b by tribes. to ensure that culverts, bridges, and roads that intersect with, or are otherwise',
'located within, the supply and distribution network of the flathead indian irrigation project comply with federal environmental requirements, to ensure',
'public safety, and to enhance tribal fisheries on the reservation, the tribes shall allocate from the trust fund amounts withdrawn',
'for the purposes described in section 8 h 13 , under an agreement approved by the secretary i $5,000,000 to',
'lake county in the state; and ii $5,000,000 to sanders county in the state. 2 amount of payments. the amount',
'of the payments under paragraph 1 a shall be equal to the amount each county would have received if this',
'act had not been enacted. 3 treatment of land for purposes of calculating payments. for the limited purposes of calculating',
'payments to lake county and sanders county under this subsection and section 401 of the act of june 15, 1935',
'16 u.s.c. 715s , the land restored by section 13 shall be treated as a fee area page 134 stat.',
'3038 as defined in section 401 g of the act of june 15, 1935 16 u.s.c. 715s g . m',
'effect on current law. nothing in this act authorizes preenforcement judicial review of any federal environmental enforcement action. n no',
'precedent. the provisions of this act 1 are uniquely suited to address the distinct circumstances, facts, history, and relationships involved;',
'and 2 are not intended, and shall not be interpreted, to establish precedent for any other situation. division ee taxpayer',
'note: taxpayer certainty and disaster tax relief act of 2020. 26 usc 1 note. certainty and disaster tax relief act',
'of 2020 sec. 1. short title; table of contents. a short title. this division may be cited as the taxpayer',
'certainty and disaster tax relief act of 2020. b amendment of 1986 code. except as otherwise expressly provided, whenever in',
'this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or',
'other provision, the reference shall be considered to be made to a section or other provision of the internal revenue',
'code of 1986. c table of contents. the table of contents of this division is as follows: sec. 1. short',
'title; table of contents. title i extension of certain expiring provisions subtitle a certain provisions made permanent sec. 101. reduction',
'in medical expense deduction floor. sec. 102. energy efficient commercial buildings deduction. sec. 103. benefits provided to volunteer firefighters and',
'emergency medical responders. sec. 104. transition from deduction for qualified tuition and related expenses to increased income limitation on lifetime',
'learning credit. sec. 105. railroad track maintenance credit. sec. 106. certain provisions related to beer, wine, and distilled spirits. sec.',
'107. refunds in lieu of reduced rates for certain craft beverages produced outside the united states. sec. 108. reduced rates',
'not allowed for smuggled or illegally produced beer, wine, and spirits. sec. 109. minimum processing requirements for reduced distilled spirits',
'rates. sec. 110. modification of single taxpayer rules. subtitle b certain provisions extended through 2025 sec. 111. look thru rule',
'for related controlled foreign corporations. sec. 112. new markets tax credit. sec. 113. work opportunity credit. sec. 114. exclusion from',
'gross income of discharge of qualified principal residence indebtedness. sec. 115. 7 year recovery period for motorsports entertainment complexes. sec.',
'116. expensing rules for certain productions. sec. 117. oil spill liability trust fund rate. sec. 118. empowerment zone tax incentives.',
'sec. 119. employer credit for paid family and medical leave. sec. 120. exclusion for certain employer payments of student loans.',
'sec. 121. extension of carbon oxide sequestration credit. subtitle c extension of certain other provisions sec. 131. credit for electricity',
'produced from certain renewable resources. page 134 stat. 3039 sec. 132. extension and phaseout of energy credit. sec. 133. treatment',
'of mortgage insurance premiums as qualified residence interest. sec. 134. credit for health insurance costs of eligible individuals. sec. 135.',
'indian employment credit. sec. 136. mine rescue team training credit. sec. 137. classification of certain race horses as 3 year',
'property. sec. 138. accelerated depreciation for business property on indian reservations. sec. 139. american samoa economic development credit. sec. 140.',
'second generation biofuel producer credit. sec. 141. nonbusiness energy property. sec. 142. qualified fuel cell motor vehicles. sec. 143. alternative',
'fuel refueling property credit. sec. 144. 2 wheeled plug in electric vehicle credit. sec. 145. production credit for indian coal',
'facilities. sec. 146. energy efficient homes credit. sec. 147. extension of excise tax credits relating to alternative fuels. sec. 148.',
'extension of residential energy efficient property credit and inclusion of biomass fuel property expenditures. sec. 149. black lung disability trust',
'fund excise tax. title ii other provisions sec. 201. minimum low income housing tax credit rate. sec. 202. depreciation of',
'certain residential rental property over 30 year period. sec. 203. waste energy recovery property eligible for energy credit. sec. 204.',
'extension of energy credit for offshore wind facilities. sec. 205. minimum rate of interest for certain determinations related to life',
'insurance contracts. sec. 206. clarifications and technical improvements to cares act employee retention credit. sec. 207. extension and modification of',
'employee retention and rehiring tax credit. sec. 208. minimum age for distributions during working retirement. sec. 209. temporary rule preventing',
'partial plan termination. sec. 210. temporary allowance of full deduction for business meals. sec. 211. temporary special rule for determination',
'of earned income. sec. 212. certain charitable contributions deductible by non itemizers. sec. 213. modification of limitations on charitable contributions.',
'sec. 214. temporary special rules for health and dependent care flexible spending arrangements. title iii disaster tax relief sec. 301.',
'definitions. sec. 302. special disaster related rules for use of retirement funds. sec. 303. employee retention credit for employers affected',
'by qualified disasters. sec. 304. other disaster related tax relief provisions. sec. 305. low income housing tax credit. sec. 306.',
'treatment of certain possessions. title i extension of certain expiring provisions subtitle a certain provisions made permanent sec. 101. reduction',
'in medical expense deduction floor. a in general. section 213 note: 26 usc 213. is amended 1 by striking 10',
'percent in subsection a and inserting 7.5 percent, and 2 by striking subsection f . b note: 26 usc 213',
'note. effective date. the amendments made by this section shall apply to taxable years beginning after december 31, 2020. sec.',
'102. energy efficient commercial buildings deduction. a deduction made permanent. section 179d is amended by striking subsection h . page',
'134 stat. 3040 b inflation adjustment. section 179d, as amended by subsection a , is amended by redesignating subsection g',
'as subsection h and by inserting after subsection f the following new subsection: g inflation adjustment. in the case of',
'a taxable year beginning after 2020, each dollar amount in subsection b or subsection d 1 a shall be increased',
'by an amount equal to 1 such dollar amount, multiplied by 2 note: determination. 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',
'2019 for calendar year 2016 in subparagraph a ii thereof. any increase determined under the preceding sentence which is not',
'a multiple of 1 cent shall be rounded to the nearest cent.. c update of standards. 1 ashrae standards. section',
'179d c is amended a in paragraphs 1 b ii and 1 d , by striking standard 90.1 2007 and',
'inserting reference standard 90.1, and b by amending paragraph 2 to read as follows: 2 note: definition. consultation. deadline. reference',
'standard 90.1. the term reference standard 90.1 means, with respect to any property, the most recent standard 90.1 published by',
'the american society of heating, refrigerating, and air conditioning engineers and the illuminating engineering society of north america which has',
'been affirmed by the secretary, after consultation with the secretary of energy, for purposes of this section not later than',
'the date that is 2 years before the date that construction of such property begins.. 2 california nonresidential alternative calculation',
'method approval manual. section 179d d 2 is amended by striking , based on the provisions of the 2005 california',
'nonresidential alternative calculation method approval manual and inserting with respect to any property, based on the provisions of the most',
'recent california nonresidential alternative calculation method approval manual which has been affirmed by the secretary, after consultation with the secretary',
'of energy, for purposes of this section not later than the date that is 2 years before the date that',
'construction of such property begins. d note: 26 usc 179d note. effective date. the amendments made by this section shall',
'apply to property placed in service after december 31, 2020. sec. 103. benefits provided to volunteer firefighters and emergency medical',
'responders. a in general. section 139b note: 26 usc 139b. is amended by striking subsection d . b note: 26',
'usc 139b note. effective date. the amendment made by this section shall apply to taxable years beginning after december 31,',
'2020. sec. 104. transition from deduction for qualified tuition and related expenses to increased income limitation on lifetime learning credit.',
'a increased income limitations for phaseout of lifetime learning credit. page 134 stat. 3041 1 in general. section 25a d',
'note: 26 usc 25a. is amended by striking paragraphs 1 and 2 , by redesignating paragraph 3 as paragraph 2',
', and by inserting before paragraph 2 as so redesignated the following new paragraph: 1 in general. the american opportunity',
'tax credit and the lifetime learning credit shall each determined without regard to this paragraph be reduced but not below',
'zero by the amount which bears the same ratio to each such credit as so determined as a the excess',
'of i the taxpayers modified adjusted gross income for such taxable year, over ii $80,000 $160,000 in the case of',
'a joint return , bears to b $10,000 $20,000 in the case of a joint return .. 2 conforming amendment.',
'section 25a is amended by striking subsection h . b repeal of deduction for qualified tuition and related expenses. 1',
'in general. part vii of subchapter b of chapter 1 is amended note: 26 usc 211 prec. by striking section',
'222 and by striking the item relating to such section in the table of sections for such part . 2',
'conforming amendments. a section 62 a is amended by striking paragraph 18 . b section 74 d 2 b is',
'amended by striking 222,. c section 86 b 2 a is amended by striking 222,. d section 135 c 4',
'a is amended by striking 222,. e section 137 b 3 a is amended by striking 222,. f section 219',
'g 3 a ii is amended by striking 222,. g section 221 b 2 c i is amended by striking',
'222,. h section 469 i 3 e iii is amended by striking 222,. c note: 26 usc 25a note. effective',
'date. the amendments made by this section shall apply to taxable years beginning after december 31, 2020. sec. 105. railroad',
'track maintenance credit. a made permanent. section 45g is amended by striking subsection f . b modification of credit rate.',
'section 45g a is amended by striking 50 percent and inserting 40 percent 50 percent in the case of any',
'taxable year beginning before january 1, 2023 . c note: 26 usc 45g note. effective date. the amendments made by',
'this section shall apply to taxable years ending after the date of the enactment of this act. sec. 106. certain',
'provisions related to beer, wine, and distilled spirits. a production period for beer, wine, and distilled spirits. 1 in general.',
'section 263a f 4 is amended to read as follows: 4 exemption for aging process of beer, wine, and distilled',
'spirits. for purposes of this subsection, the production period shall not include the aging period for a beer as defined',
'in section 5052 a , page 134 stat. 3042 b wine as described in section 5041 a , or c',
'distilled spirits as defined in section 5002 a 8 , except such spirits that are unfit for use for beverage',
'purposes.. 2 note: 26 usc 263a note. effective date. the amendment made by this subsection shall apply to interest costs',
'paid or accrued after december 31, 2020. b reduced rate of excise tax on beer. 1 in general. section 5051',
'a 1 note: 26 usc 5051. is amended to read as follows: 1 in general. a imposition of tax. a',
'tax is hereby imposed on all beer brewed or produced, and removed for consumption or sale, within the united states,',
'or imported into the united states. except as provided in paragraph 2 , the rate of such tax shall be',
'i $16 on the first 6,000,000 barrels of beer i brewed by the brewer and removed during the calendar year',
'for consumption or sale, or ii imported by the importer into the united states during the calendar year, and ii',
'$18 on any barrels of beer to which clause i does not apply. b barrel. for purposes of this section,',
'a barrel shall contain not more than 31 gallons of beer, and any tax imposed under this section shall be',
'applied at a like rate for any other quantity or for fractional parts of a barrel.. 2 reduced rate for',
'certain domestic production. section 5051 a 2 a is amended a in the heading, by inserting $3.50 a barrel before',
'rate, and b by striking $7 and all that follows through january 1, 2021 and inserting $3.50. 3 application of',
'reduced tax rate for foreign manufacturers and importers. section 5051 a is amended a in paragraph 1 a i ii',
', as amended by paragraph 1 of this subsection, by inserting but only if the importer is an electing importer',
'under paragraph 4 and the barrels have been assigned to the importer pursuant to such paragraph after during the calendar',
'year, and b in paragraph 4 i in subparagraph a , by striking paragraph 1 c and inserting paragraph 1',
'a , and ii in subparagraph b , by striking the secretary and inserting the secretary, after consultation with the',
'secretary of the department of homeland security,. 4 controlled group and single taxpayer rules. section 5051 a 5 is amended',
'by striking paragraph 1 c i each place it appears and inserting paragraph 1 a i . 5 note: 26',
'usc 5051 note. effective date. the amendments made by this subsection shall apply to beer removed after december 31, 2020.',
'c transfer of beer between bonded facilities. 1 in general. section 5414 is amended to read as follows: page 134',
'stat. 3043 sec. 5414. transfer of beer between bonded facilities. a in general. beer may be removed from one brewery',
'to another brewery, without payment of tax, and may be mingled with beer at the receiving brewery, subject to such',
'conditions, including payment of the tax, and in such containers, as the secretary by regulations shall prescribe, which shall include',
'1 any removal from one brewery to another brewery belonging to the same brewer, 2 any removal from a brewery',
'owned by one corporation to a brewery owned by another corporation when a one such corporation owns the controlling interest',
'in the other such corporation, or b the controlling interest in each such corporation is owned by the same person',
'or persons, and 3 any removal from one brewery to another brewery when a the proprietors of transferring and receiving',
'premises are independent of each other and neither has a proprietary interest, directly or indirectly, in the business of the',
'other, and b the transferor has divested itself of all interest in the beer so transferred and the transferee has',
'accepted responsibility for payment of the tax. b transfer of liability for tax. for purposes of subsection a 3 ,',
'such relief from liability shall be effective from the time of removal from the transferors premises, or from the time',
'of divestment of interest, whichever is later.. 2 note: 26 usc 5414 note. effective date. the amendment made by this',
'subsection shall apply to any calendar quarters beginning after december 31, 2020. d reduced rate of excise tax on certain',
'wine. 1 in general. section 5041 c note: 26 usc 5041. is amended a in the heading, by striking for',
'small domestic producers, b by amending paragraph 1 to read as follows: 1 allowance of credit. a in general. there',
'shall be allowed as a credit against any tax imposed by this title other than chapters 2, 21, and 22',
'an amount equal to the sum of i $1 per wine gallon on the first 30,000 wine gallons of wine,',
'plus ii 90 cents per wine gallon on the first 100,000 wine gallons of wine to which clause i does',
'not apply, plus iii 53.5 cents per wine gallon on the first 620,000 wine gallons of wine to which clauses',
'i and ii do not apply, which are produced by the producer and removed during the calendar year for consumption',
'or sale, or which are imported by the importer into the united states during the calendar year. b adjustment of',
'credit for hard cider. in the case of wine described in subsection b 6 , subparagraph a of this paragraph',
'shall be applied i in clause i of such subparagraph, by substituting 6.2 cents for $1, page 134 stat. 3044',
'ii in clause ii of such subparagraph, by substituting 5.6 cents for 90 cents, and iii in clause iii of',
'such subparagraph, by substituting 3.3 cents for 53.5 cents., c by striking paragraphs 2 and 8 , d by redesignating',
'paragraphs 3 through 6 as paragraphs 2 through 5 , respectively, e by redesignating paragraph 9 as paragraph 6 ,',
'and f by amending paragraph 7 to read as follows: 7 regulations. the secretary may prescribe such regulations as may',
'be necessary to carry out the purposes of this subsection, including regulations to ensure proper calculation of the credit provided',
'in this subsection.. 2 allowance of credit for foreign manufacturers and importers. section 5041 c , as amended by paragraph',
'1 , is amended a in paragraph 1 a , by inserting but only if the importer is an electing',
'importer under paragraph 6 and the wine gallons of wine have been assigned to the importer pursuant to such paragraph',
'after into the united states during the calendar year, and b in paragraph 6 i in subparagraph a , by',
'striking paragraph 8 and inserting paragraph 1 , ii in subparagraph b , by striking the secretary and inserting the',
'secretary of the treasury, after consultation with the secretary of the department of homeland security,, and iii in subparagraph c',
', by striking paragraph 4 and inserting paragraph 3 . 3 note: 26 usc 5041 note. effective date. the amendments',
'made by this subsection shall apply to wine removed after december 31, 2020. e adjustment of alcohol content level for',
'application of excise tax rates. 1 in general. paragraphs 1 and 2 of section 5041 b are each amended by',
'striking 14 percent and all that follows through january 1, 2021 and inserting 16 percent. 2 note: 26 usc 5041',
'note. effective date. the amendments made by this subsection shall apply to wine removed after december 31, 2020. f definition',
'of mead and low alcohol by volume wine. 1 in general. section 5041 h is amended a in paragraph 2',
', by striking the secretary shall each place it appears and inserting the secretary may, and b by striking paragraph',
'3 . 2 note: 26 usc 5041 note. effective date. the amendments made by this subsection shall apply to wine',
'removed after december 31, 2020. g reduced rate of excise tax on certain distilled spirits. 1 note: 26 usc 5001.',
'in general. section 5001 c is amended a in the heading, by striking temporary reduced rate and inserting reduced rate,',
'b in paragraph 3 b , by striking the secretary and inserting the secretary of the treasury, after consultation with',
'the secretary of the department of homeland security,, and page 134 stat. 3045 c by striking paragraph 4 . 2',
'note: 26 usc 5001 note. effective date. the amendments made by this subsection shall apply to distilled spirits removed after',
'december 31, 2020. h bulk distilled spirits. 1 in general. section 5212 note: 26 usc 5212. is amended by striking',
'and before january 1, 2021, and inserting between bonded premises belonging to the same person or members of the same',
'controlled group within the meaning of section 5001 c 2 . 2 non bulk transfers related to bottling or storage.',
'section 5212 is amended by adding at the end the following new sentence: in the case of distilled spirits transferred',
'in bond from the person who distilled or processed such distilled spirits hereinafter referred to as transferor to another person',
'for bottling or storage of such distilled spirits, and returned to the transferor for removal, this section shall be applied',
'without regard to whether distilled spirits are bulk distilled spirits, but only if the transferor retains title during the entire',
'period between such distillation, or processing, and removal.. 3 note: 26 usc 5212 note. effective date. the amendments made by',
'this subsection shall apply to distilled spirits transferred in bond after december 31, 2020. i simplification of rules regarding records,',
'statements, and returns. 1 in general. section 5555 a is amended by striking for calendar quarters beginning after the date',
'of the enactment of this sentence, and before january 1, 2021, the secretary and inserting the secretary. 2 note: 26',
'usc 5555 note. effective date. the amendment made by this subsection shall apply to calendar quarters beginning after december 31,',
'2020. sec. 107. note: determinations. refunds in lieu of reduced rates for certain craft beverages produced outside the united states.',
'a distilled spirits. 1 in general. section 5001 c , as amended by the preceding provisions of this act, is',
'amended by adding at the end the following new paragraph: 4 refunds in lieu of reduced rates for foreign production',
'removed after december 31, 2022. a in general. in the case of any proof gallons of distilled spirits which have',
'been produced outside the united states and imported into the united states, if such proof gallons of distilled spirits are',
'removed after december 31, 2022 i paragraph 1 shall not apply, and ii note: time period. the amount determined under',
'subparagraph b shall be allowed as a refund, determined for periods not less frequently than quarterly, to the importer in',
'the same manner as if such amount were an overpayment of tax imposed by this section. b amount of refund.',
'the amount determined under this subparagraph with respect to any importer for any period is an amount equal to the',
'sum of i the excess if any of i the amount of tax imposed under this subpart on proof gallons',
'of distilled spirits referred page 134 stat. 3046 to in subparagraph a which were removed during such period, over ii',
'the amount of tax which would have been imposed under this subpart on such proof gallons of distilled spirits if',
'this section were applied without regard to this paragraph, plus ii the amount of interest which would be allowed and',
'paid on an overpayment of tax at the overpayment rate established under section 6621 a 1 without regard to the',
'second sentence thereof were such rate applied to the excess if any determined under clause i for the number of',
'days in the filing period for which the refund under this paragraph is being determined. c application of rules related',
'to elections and assignments. subparagraph a ii shall apply only if the importer is an electing importer under paragraph 3',
'and the proof gallons of distilled spirits have been assigned to the importer pursuant to such paragraph. d note: applicability.',
'rules for refunds within 90 days. for purposes of refunds allowed under this paragraph, section 6611 e shall be applied',
'by substituting 90 days for 45 days each place it appears.. 2 coordination with determination for cover over to puerto',
'rico and virgin islands. a in general. section 7652 note: 26 usc 7652. is amended by adding at the end',
'the following new subsection: i determination of taxes collected. for purposes of subsections a 3 , b 3 , and',
'e 1 , refunds under section 5001 c 4 shall not be taken into account as a refund, and the',
'amount of taxes imposed by and collected under section 5001 a 1 shall be determined without regard to section 5001',
'c .. b conforming amendment. section 7652 e is amended by striking paragraph 5 . 3 note: 26 usc 5001',
'note. effective date. the amendments made by this subsection shall apply to distilled spirits brought into the united states and',
'removed after december 31, 2022. b beer. 1 in general. section 5051 a is amended by adding at the end',
'the following new paragraph: 6 refunds in lieu of reduced rates for foreign production removed after december 31, 2022. a',
'in general. in the case of any barrels of beer which have been produced outside the united states and imported',
'into the united states, if such barrels of beer are removed after december 31, 2022 i paragraph 1 a i',
'shall not apply, and ii the amount determined under subparagraph b shall be allowed as a refund, determined for periods',
'not less frequently than quarterly, to the importer in the same manner as if such amount were an overpayment of',
'tax imposed by this section. b amount of refund. the amount determined under this subparagraph with respect to any importer',
'for any period is an amount equal to the sum of i excess if any of page 134 stat. 3047',
'i the amount of tax imposed under this section on barrels of beer referred to in subparagraph a which were',
'removed during such period, over ii the amount of tax which would have been imposed under this section on such',
'barrels of beer if this section were applied without regard to this paragraph, plus ii the amount of interest which',
'would be allowed and paid on an overpayment of tax at the overpayment rate established under section 6621 a 1',
'without regard to the second sentence thereof were such rate applied to the excess if any determined under clause i',
'for the number of days in the filing period for which the refund under this paragraph is being determined. c',
'application of rules related to elections and assignments. subparagraph a ii shall apply only if the importer is an electing',
'importer under paragraph 4 and the barrels of beer have been assigned to the importer pursuant to such paragraph. d',
'note: applicability. rules for refunds within 90 days. for purposes of refunds allowed under this paragraph, section 6611 e shall',
'be applied by substituting 90 days for 45 days each place it appears.. 2 note: 26 usc 5051 note. effective',
'date. the amendment made by this subsection shall apply to beer removed after december 31, 2022. c wine. 1 in',
'general. section 5041 c , note: 26 usc 5041. as amended by the preceding provisions of this act, is amended',
'by redesignating paragraph 7 as paragraph 8 and by inserting after paragraph 6 the following new paragraph: 7 refunds in',
'lieu of tax credits for foreign production removed after december 31, 2022. a in general. in the case of any',
'wine gallons of wine which have been produced outside the united states and imported into the united states, if such',
'wine gallons are removed after december 31, 2022 i paragraph 1 shall not apply, and ii the amount determined under',
'subparagraph b shall be allowed as a refund, determined for periods not less frequently than quarterly, to the importer in',
'the same manner as if such amount were an overpayment of tax imposed by this section. b amount of refund.',
'the amount determined under this subparagraph with respect to any importer for any period is an amount equal to the',
'sum of i excess if any of i the amount of tax imposed under this section on wine gallons of',
'wine referred to in subparagraph a which were removed during such period, over ii the amount of tax which would',
'have been imposed under this section including any allowable credits on such gallons of wine if this section were applied',
'without regard to this paragraph, plus page 134 stat. 3048 ii the amount of interest which would be allowed and',
'paid on an overpayment of tax at the overpayment rate established under section 6621 a 1 without regard to the',
'second sentence thereof were such rate applied to the excess if any determined under clause i for the number of',
'days in the filing period for which the refund under this paragraph is being determined. c application of rules related',
'to elections and assignments. subparagraph a ii shall apply only if the importer is an electing importer under paragraph 6',
'and the wine gallons of wine have been assigned to the importer pursuant to such paragraph. d note: applicability. rules',
'for refunds within 90 days. for purposes of refunds allowed under this paragraph, section 6611 e shall be applied by',
'substituting 90 days for 45 days each place it appears.. 2 note: 26 usc 5041 note. effective date. the amendments',
'made by this subsection shall apply to wine removed after december 31, 2022. d information reporting in case of assignment',
'of lower rates or refunds by foreign producers of beer, wine, and distilled spirits. 1 in general. subpart a of',
'part iii of subchapter a of chapter 61 is amended by inserting after section 6038d the following new section: sec.',
'6038e. note: 26 usc 6038e. information with respect to assignment of lower rates or refunds by foreign producers of beer,',
'wine, and distilled spirits. any foreign producer that elects to make an assignment described in section 5001 c , 5041',
'c , or 5051 a shall provide such information, at such time and in such manner, as the secretary may',
'prescribe in order to make such assignment, including information about the controlled group structure of such foreign producer.. 2 clerical',
'amendment. table of sections for subpart a of part iii of subchapter a of chapter 61 note: 26 usc 6031',
'prec. is amended by inserting after the item relating to section 6038d the following new item: sec. 6038e. information with',
'respect to assignment of lower rates or refunds by foreign producers of beer, wine, and distilled spirits.. 3 note: applicability.',
'26 usc 6038e note. effective date. the amendments made by this subsection shall apply to elections to make an assignment',
'under section 5001 c , 5041 c , or 5051 a of the internal revenue code of 1986 after december',
'31, 2020. e note: coordination. 26 usc 5001 note. administration of refunds. the secretary of the treasury or the secretarys',
'delegate within the department of the treasury shall implement and administer sections 5001 c 4 , 5041 c 7 ,',
'and 5051 a 6 of the internal revenue code of 1986, as added by this act, in coordination with the',
'united states customs and border protection of the department of homeland security. f note: requirement. 26 usc 5001 note. regulations.',
'the secretary of the treasury or the secretarys delegate within the department of the treasury shall prescribe such regulations as',
'may be necessary or appropriate to carry out the purposes of this section, including regulations to require foreign producers to',
'provide information necessary to page 134 stat. 3049 enforce the volume limitations under sections 5001 c , 5041 c ,',
'and 5051 a of such code. g note: coordination. public information. report. not later than 180 days after the date',
'of the enactment of this act, the secretary of the treasury or the secretarys delegate within the department of the',
'treasury shall, in coordination with the united states customs and border protection of the department of homeland security, prepare, submit',
'to congress, and make publicly available a report detailing the plans for implementing and administering sections 5001 c 4 ,',
'5041 c 7 , and 5051 a 6 of such code, as added by this act. sec. 108. reduced rates',
'not allowed for smuggled or illegally produced beer, wine, and spirits. a in general. subpart e of part i of',
'subchapter a of chapter 51 is amended by redesignating section 5067 note: 26 usc 5068. as section 5068 and by',
'inserting after section 5066 the following new section: sec. 5067. note: 26 usc 5067. reduced rates not allowed for smuggled',
'or illegally produced beer, wine, or spirits. in the case of beer, wine, or distilled spirits that are smuggled into',
'the united states or produced other than as authorized by this chapter 1 the rates of tax under paragraphs 1',
'a i and 2 of section 5051 a shall not apply in the case of any such beer, 2 the',
'credit under section 5041 c shall not apply in the case of any such wine, and 3 the rates of',
'tax under section 5001 c shall not apply in the case of any such distilled spirits.. b clerical amendment. the',
'table of sections for subpart e of part i of subchapter a of chapter 51 note: 26 usc 5061 prec.',
'is amended by striking the last item and inserting the following new items: sec. 5067. reduced rates not allowed for',
'illegally produced beer, wine, or spirits. sec. 5068. cross reference.. c note: 26 usc 5067 note. effective date. the amendments',
'made by this section shall apply to beer, wine, or distilled spirits, as the case may be, produced after the',
'date of the enactment of this act. sec. 109. minimum processing requirements for reduced distilled spirits rates. a in general.',
'section 5001 c , as amended by the preceding provisions of this act, is amended by adding at the end',
'the following: 5 processed distilled spirits. a distilled spirit shall not be treated as processed for purposes of this subsection',
'unless a process described in section 5002 a 5 a other than bottling is performed with respect to such distilled',
'spirit.. b note: 26 usc 5001 note. effective date. the amendment made by this section shall apply to distilled spirits',
'removed after december 31, 2021. sec. 110. modification of single taxpayer rules. a beer. section 5051 a 5 c note:',
'26 usc 5051. is amended by striking marketed under a similar brand, license and inserting under a license. b wine.',
'for single taxpayer rules relating to wine, see cross reference under section 5041 c 3 of the internal revenue code',
'of 1986, as redesignated by this act. page 134 stat. 3050 c distilled spirits. 1 in general. section 5001 c',
'2 d note: 26 usc 5001. is amended by striking marketed under a similar brand, license and inserting under a',
'license. 2 application to processors. section 5001 c 2 d is further amended by inserting or process after that produce.',
'd note: 26 usc 5001 note. effective date. the amendments made by this section shall apply to beer, wine, and',
'distilled spirits removed after december 31, 2020. subtitle b certain provisions extended through 2025 sec. 111. look thru rule for',
'related controlled foreign corporations. a in general. section 954 c 6 c is amended by striking january 1, 2021 and',
'inserting january 1, 2026. b note: applicability. 26 usc 954 note. effective date. the amendment made by this section shall',
'apply to taxable years of foreign corporations beginning after december 31, 2020, and to taxable years of united states shareholders',
'with or within which such taxable years of foreign corporations end. sec. 112. new markets tax credit. a in general.',
'section 45d f 1 h is amended by striking 2020 and inserting for each of calendar years 2020 through 2025.',
'b carryover of unused limitation. section 45d f 3 is amended by striking 2025 and inserting 2030. c note: 26',
'usc 45d note. effective date. the amendments made by this section shall apply to calendar years beginning after december 31,',
'2020. sec. 113. work opportunity credit. a in general. section 51 c 4 is amended by striking december 31, 2020',
'and inserting december 31, 2025. b note: 26 usc 51 note. effective date. the amendment made by this section shall',
'apply to individuals who begin work for the employer after december 31, 2020. sec. 114. exclusion from gross income of',
'discharge of qualified principal residence indebtedness. a in general. section 108 a 1 e is amended by striking january 1,',
'2021 both places it appears and inserting january 1, 2026. b modification of maximum acquisition indebtedness taken into account. section',
'108 h 2 is amended by striking $2,000,000 $1,000,000 and inserting $750,000 $375,000. c note: 26 usc 108 note. effective',
'date. the amendments made by this section shall apply to discharges of indebtedness after december 31, 2020. sec. 115. 7',
'year recovery period for motorsports entertainment complexes. a in general. section 168 i 15 d is amended by striking december',
'31, 2020 and inserting december 31, 2025. b note: 26 usc 168 note. effective date. the amendment made by this',
'section shall apply to property placed in service after december 31, 2020. page 134 stat. 3051 sec. 116. expensing rules',
'for certain productions. a extension. section 181 g note: 26 usc 181. is amended by striking december 31, 2020 and',
'inserting december 31, 2025. b note: 26 usc 181 note. effective date. the amendment made by this section shall apply',
'to productions commencing after december 31, 2020. sec. 117. oil spill liability trust fund rate. a in general. section 4611',
'f 2 is amended by striking december 31, 2020 and inserting december 31, 2025. b note: 26 usc 4611 note.',
'effective date. the amendment made by this section shall apply on and after january 1, 2021. sec. 118. empowerment zone',
'tax incentives. a in general. section 1391 d 1 a i is amended by striking december 31, 2020 and inserting',
'december 31, 2025. b termination of increase in expensing under section 179. section 1397a is amended by adding at the',
'end the following new subsection: c termination. this section shall not apply to any property placed in service in taxable',
'years beginning after december 31, 2020.. c termination of nonrecognition of gain on rollover of empowerment zone investments. section 1397b',
'is amended by adding at the end the following new subsection: c termination. this section shall not apply to sales',
'in taxable years beginning after december 31, 2020.. d note: 26 usc 1391 note. treatment of certain termination dates specified',
'in nominations. in the case of a designation of an empowerment zone the nomination for which included a termination date',
'which is contemporaneous with the date specified in subparagraph a i of section 1391 d 1 of the internal revenue',
'code of 1986 as in effect before the enactment of this act , subparagraph b of such section shall not',
'apply with respect to such designation if, after the date of the enactment of this section, the entity which made',
'such nomination amends the nomination to provide for a new termination date in such manner as the secretary of the',
'treasury or the secretarys designee may provide. e note: 26 usc 1391 note. effective date. the amendments made by this',
'section shall apply to taxable years beginning after december 31, 2020. sec. 119. employer credit for paid family and medical',
'leave. a in general. section 45s i is amended by striking december 31, 2020 and inserting december 31, 2025. b',
'note: 26 usc 45s note. effective date. the amendment made by this section shall apply to wages paid in taxable',
'years beginning after december 31, 2020. sec. 120. exclusion for certain employer payments of student loans. a in general. section',
'127 c 1 b is amended by striking january 1, 2021 and inserting january 1, 2026. b note: 26 usc',
'127 note. effective date. the amendment made by this section shall apply to payments made after december 31, 2020. sec.',
'121. extension of carbon oxide sequestration credit. section 45q d 1 is amended by striking january 1, 2024 and inserting',
'january 1, 2026. page 134 stat. 3052 subtitle c extension of certain other provisions sec. 131. credit for electricity produced',
'from certain renewable resources. a in general. the following provisions of section 45 d note: 26 usc 45. are each',
'amended by striking january 1, 2021 each place it appears and inserting january 1, 2022: 1 paragraph 1 . 2',
'paragraph 2 a . 3 paragraph 3 a . 4 paragraph 4 b . 5 paragraph 6 . 6 paragraph',
'7 . 7 paragraph 9 . 8 paragraph 11 b . b extension of election to treat qualified facilities as',
'energy property. section 48 a 5 c ii is amended by striking january 1, 2021 and inserting january 1, 2022.',
'c conforming amendments related to application of phaseout percentage. 1 section 45 b 5 d is amended by striking january',
'1, 2021 and inserting january 1, 2022. 2 section 48 a 5 e iv is amended by striking january 1,',
'2021 and inserting january 1, 2022. d note: 26 usc 45 note. effective date. the amendments made by this section',
'shall take effect on january 1, 2021. sec. 132. extension and phaseout of energy credit. a extensions. section 48 is',
'amended 1 in subsection a a in paragraph 2 a i ii , by striking january 1, 2022 and inserting',
'january 1, 2024, and b in paragraph 3 a i in clause ii , by striking january 1, 2022 and',
'inserting january 1, 2024, and ii in clause vii , by striking january 1, 2022 and inserting january 1, 2024,',
'and 2 in subsection c a in paragraph 1 d , by striking january 1, 2022 and inserting january 1,',
'2024, b in paragraph 2 d , by striking january 1, 2022 and inserting january 1, 2024, c in paragraph',
'3 a iv , by striking january 1, 2022 and inserting january 1, 2024, and d in paragraph 4 c',
', by striking january 1, 2022 and inserting january 1, 2024. b phaseouts. 1 solar energy property. section 48 a',
'6 is amended a in subparagraph a i by striking january 1, 2022, the energy percentage and inserting january 1,',
'2024, the energy percentage, ii in clause i , by striking january 1, 2021 and inserting january 1, 2023, and',
'page 134 stat. 3053 iii in clause ii , by striking after december 31, 2020, and before january 1, 2022',
'and inserting after december 31, 2022, and before january 1, 2024, and b in subparagraph b , by striking begins',
'before january 1, 2022, and which is not placed in service before january 1, 2024 and inserting begins before january',
'1, 2024, and which is not placed in service before january 1, 2026. 2 fiber optic solar, qualified fuel cell,',
'and qualified small wind energy property. section 48 a 7 note: 26 usc 48. is amended a in subparagraph a',
'i in clause i , by striking january 1, 2021 and inserting january 1, 2023, and ii in clause ii',
', by striking after december 31, 2020, and before january 1, 2022 and inserting after december 31, 2022, and before',
'january 1, 2024, and b in subparagraph b , by striking january 1, 2024 and inserting january 1, 2026. c',
'note: 26 usc 48 note. effective date. the amendments made by this section shall take effect on january 1, 2020.',
'sec. 133. treatment of mortgage insurance premiums as qualified residence interest. a in general. section 163 h 3 e iv',
'i is amended by striking december 31, 2020 and inserting december 31, 2021. b note: 26 usc 163 note. effective',
'date. the amendment made by this section shall apply to amounts paid or accrued after december 31, 2020. sec. 134.',
'credit for health insurance costs of eligible individuals. a in general. section 35 b 1 b is amended by striking',
'january 1, 2021 and inserting january 1, 2022. b note: 26 usc 35 note. effective date. the amendment made by',
'this section shall apply to months beginning after december 31, 2020. sec. 135. indian employment credit. a in general. section',
'45a f is amended by striking december 31, 2020 and inserting december 31, 2021. b note: 26 usc 45a note.',
'effective date. the amendment made by this section shall apply to taxable years beginning after december 31, 2020. sec. 136.',
'mine rescue team training credit. a in general. section 45n e is amended by striking december 31, 2020 and inserting',
'december 31, 2021. b note: 26 usc 45n note. effective date. the amendment made by this section shall apply to',
'taxable years beginning after december 31, 2020. sec. 137. classification of certain race horses as 3 year property. a in',
'general. section 168 e 3 a i is amended 1 by striking january 1, 2021 in subclause i and inserting',
'january 1, 2022, and 2 by striking december 31, 2020 in subclause ii and inserting december 31, 2021. b note:',
'26 usc 168 note. effective date. the amendments made by this section shall apply to property placed in service after',
'december 31, 2020. page 134 stat. 3054 sec. 138. accelerated depreciation for business property on indian reservations. a in general.',
'section 168 j 9 note: 26 usc 168. is amended by striking december 31, 2020 and inserting december 31, 2021.',
'b note: 26 usc 168 note. effective date. the amendment made by this section shall apply to property placed in',
'service after december 31, 2020. sec. 139. american samoa economic development credit. a in general. section 119 d of division',
'a of the tax relief and health care act of 2006 note: 26 usc 30a note. is amended 1 by',
'striking january 1, 2021 each place it appears and inserting january 1, 2022, 2 by striking first 15 taxable years',
'in paragraph 1 and inserting first 16 taxable years, and 3 by striking first 9 taxable years in paragraph 2',
'and inserting first 10 taxable years. b note: 26 usc 30a note. effective date. the amendments made by this section',
'shall apply to taxable years beginning after december 31, 2020. sec. 140. second generation biofuel producer credit. a in general.',
'section 40 b 6 j i is amended by striking january 1, 2021 and inserting january 1, 2022. b note:',
'26 usc 40 note. effective date. the amendment made by this section shall apply to qualified second generation biofuel production',
'after december 31, 2020. sec. 141. nonbusiness energy property. a in general. section 25c g 2 is amended by striking',
'december 31, 2020 and inserting december 31, 2021. b note: 26 usc 25c note. effective date. the amendment made by',
'this section shall apply to property placed in service after december 31, 2020. sec. 142. qualified fuel cell motor vehicles.',
'a in general. section 30b k 1 is amended by striking december 31, 2020 and inserting december 31, 2021. b',
'note: 26 usc 30b note. effective date. the amendment made by this section shall apply to property purchased after december',
'31, 2020. sec. 143. alternative fuel refueling property credit. a in general. section 30c g is amended by striking december',
'31, 2020 and inserting december 31, 2021. b note: 26 usc 30c note. effective date. the amendment made by this',
'section shall apply to property placed in service after december 31, 2020. sec. 144. 2 wheeled plug in electric vehicle',
'credit. a in general. section 30d g 3 e ii is amended by striking january 1, 2021 and inserting january',
'1, 2022. b note: 26 usc 30d note. effective date. the amendment made by this section shall apply to vehicles',
'acquired after december 31, 2020. sec. 145. production credit for indian coal facilities. a in general. section 45 e 10',
'a is amended by striking 15 year period each place it appears and inserting 16 year period. b note: 26',
'usc 45 note. effective date. the amendments made by this section shall apply to coal produced after december 31, 2020.',
'page 134 stat. 3055 sec. 146. energy efficient homes credit. a in general. section 45l g note: 26 usc 45l.',
'is amended by striking december 31, 2020 and inserting december 31, 2021. b note: 26 usc 45l note. effective date.',
'the amendment made by this section shall apply to homes acquired after december 31, 2020. sec. 147. extension of excise',
'tax credits relating to alternative fuels. a in general. sections 6426 d 5 and 6426 e 3 are each amended',
'by striking december 31, 2020 and inserting december 31, 2021. b outlay payments for alternative fuels. section 6427 e 6',
'c is amended by striking december 31, 2020 and inserting december 31, 2021. c note: 26 usc 6426 note. effective',
'date. the amendments made by this subsection shall apply to fuel sold or used after december 31, 2020. sec. 148.',
'extension of residential energy efficient property credit and inclusion of biomass fuel property expenditures. a extension. 1 in general. section',
'25d h is amended by striking december 31, 2021 and inserting december 31, 2023. 2 phasedown. section 25d g is',
'amended a by striking january 1, 2021 in paragraph 2 and inserting january 1, 2023, and b by striking after',
'december 31, 2020, and before january 1, 2022 in paragraph 3 and inserting after december 31, 2022, and before january',
'1, 2024. b qualified biomass fuel property expenditures. 1 in general. section 25d a is amended by striking and at',
'the end of paragraph 4 , by inserting and at the end of paragraph 5 , and by inserting after',
'paragraph 5 the following new paragraph: 6 the qualified biomass fuel property expenditures, and. 2 note: definitions. qualified biomass fuel',
'property expenditures defined. section 25d d is amended by adding at the end the following new paragraph: 6 qualified biomass',
'fuel property expenditure. a in general. the term qualified biomass fuel property expenditure means an expenditure for property i which',
'uses the burning of biomass fuel to heat a dwelling unit located in the united states and used as a',
'residence by the taxpayer, or to heat water for use in such a dwelling unit, and ii which has a',
'thermal efficiency rating of at least 75 percent measured by the higher heating value of the fuel . b biomass',
'fuel. for purposes of this section, the term biomass fuel means any plant derived fuel available on a renewable or',
'recurring basis.. 3 denial of double benefit for biomass stoves. a in general. section 25c d 3 is amended by',
'adding and at the end of subparagraph c , by striking , and at the end of subparagraph d and',
'inserting a period, and by striking subparagraph e . page 134 stat. 3056 b note: 26 usc 35c. conforming amendment.',
'section 25c d is amended by striking paragraph 6 . c effective date. 1 note: 26 usc 25d note. extension.',
'the amendments made by subsection a shall apply to property placed in service after december 31, 2020. 2 note: 26',
'usc 25c note. qualified biomass fuel property expenditures. the amendments made by subsection b shall apply to expenditures paid or',
'incurred in taxable years beginning after december 31, 2020. sec. 149. black lung disability trust fund excise tax. a in',
'general. section 4121 e 2 a is amended by striking december 31, 2020 and inserting december 31, 2021. b note:',
'26 usc 4121 note. effective date. the amendment made by this section shall apply to sales after december 31, 2020.',
'title ii other provisions sec. 201. minimum low income housing tax credit rate. a in general. subsection b of section',
'42 is amended 1 by redesignating paragraph 3 as paragraph 4 , and 2 by inserting after paragraph 2 the',
'following new paragraph: 3 minimum credit rate. in the case of any new or existing building to which paragraph 2',
'does not apply and which is placed in service by the taxpayer after december 31, 2020, the applicable percentage shall',
'not be less than 4 percent.. b note: applicability. 26 usc 42 note. effective date. the amendments made by this',
'section shall apply to 1 any building which receives an allocation of housing credit dollar amount after december 31, 2020,',
'and 2 in the case of any building any portion of which is financed with an obligation described in section',
'42 h 4 a , any such building if any such obligation which so finances such building is issued after',
'december 31, 2020. sec. 202. depreciation of certain residential rental property over 30 year period. section 13204 b of public',
'law 115 97 note: 26 usc 168 note. is amended 1 in paragraph 1 , by striking paragraph 2 and',
'inserting paragraphs 2 and 3 , and 2 by adding at the end the following: 3 certain residential rental property.',
'in the case of any residential rental property a which was placed in service before january 1, 2018, b which',
'is held by an electing real property trade or business as defined in section 163 j 7 b of the',
'internal revenue code of 1986 , and c for which subparagraph a , b , c , d , or',
'e of section 168 g 1 of the internal revenue code of 1986 did not apply prior to such date,',
'the amendments made by subsection a 3 c shall apply to taxable years beginning after december 31, 2017.. page 134',
'stat. 3057 sec. 203. waste energy recovery property eligible for energy credit. a note: 26 usc 48. in general. section',
'48 a 3 a is amended by striking or at the end of clause vi , by inserting or at',
'the end of clause vii , and by adding at the end the following new clause: viii waste energy recovery',
'property,. b application of 30 percent credit. section 48 a 2 a i is amended by striking and at the',
'end of subclause iii and by adding at the end the following new subclause: v waste energy recovery property, and.',
'c application of phaseout. section 48 a 7 is amended 1 by inserting waste energy recovery property, after qualified small',
'wind property,, and 2 by striking fiber optic solar, qualified fuel cell, and qualified small wind in the heading thereof',
'and inserting certain other. d definition. section 48 c is amended by adding at the end the following new paragraphs:',
'5 waste energy recovery property. a in general. the term waste energy recovery property means property that generates electricity solely',
'from heat from buildings or equipment if the primary purpose of such building or equipment is not the generation of',
'electricity. b capacity limitation. the term waste energy recovery property shall not include any property which has a capacity in',
'excess of 50 megawatts. c no double benefit. any waste energy recovery property determined without regard to this subparagraph which',
'is part of a system which is a combined heat and power system property shall not be treated as waste',
'energy recovery property for purposes of this section unless the taxpayer elects to not treat such system as a combined',
'heat and power system property for purposes of this section. d termination. the term waste energy recovery property shall not',
'include any property the construction of which does not begin before january 1, 2024.. e note: applicability. 26 usc 48',
'note. effective date. the amendments made by this section shall apply to periods after december 31, 2020, under rules similar',
'to the rules of section 48 m as in effect on the day before the date of the enactment of',
'the revenue reconciliation act of 1990. sec. 204. extension of energy credit for offshore wind facilities. a in general. section',
'48 a 5 is amended by adding at the end the following new subparagraph: f qualified offshore wind facilities. i',
'in general. in the case of any qualified offshore wind facility i subparagraph c ii shall be applied by substituting',
'january 1, 2026 for january 1, 2022, ii subparagraph e shall not apply, and iii for purposes of this paragraph,',
'section 45 d 1 shall be applied by substituting january 1, 2026 for january 1, 2022. page 134 stat. 3058',
'ii qualified offshore wind facility. for purposes of this subparagraph, the term qualified offshore wind facility means a qualified facility',
'within the meaning of section 45 described in paragraph 1 of section 45 d determined without regard to any date',
'by which the construction of the facility is required to begin which is located in the inland navigable waters of',
'the united states or in the coastal waters of the united states.. b note: 26 usc 48 note. effective date.',
'the amendment made by this section shall apply to periods after december 31, 2016, under rules similar to the rules',
'of section 48 m of the internal revenue code of 1986 as in effect on the day before the date',
'of the enactment of the revenue reconciliation act of 1990 . sec. 205. minimum rate of interest for certain determinations',
'related to life insurance contracts. a modification of minimum rate for purposes of cash value accumulation test. 1 in general.',
'section 7702 b 2 a note: 26 usc 7702. is amended by striking an annual effective rate of 4 percent',
'and inserting the applicable accumulation test minimum rate. 2 applicable accumulation test minimum rate. section 7702 b is amended by',
'adding at the end the following new paragraph: 3 note: definition. applicable accumulation test minimum rate. for purposes of paragraph',
'2 a , the term applicable accumulation test minimum rate means the lesser of a an annual effective rate of',
'4 percent, or b the insurance interest rate as defined in subsection f 11 in effect at the time the',
'contract is issued.. b modification of minimum rate for purposes of guideline premium requirements. 1 in general. section 7702 c',
'3 b iii is amended by striking an annual effective rate of 6 percent and inserting the applicable guideline premium',
'minimum rate. 2 applicable guideline premium minimum rate. section 7702 c 3 is amended by adding at the end the',
'following new subparagraph: e note: definition. applicable guideline premium minimum rate. for purposes of subparagraph b iii , the term',
'applicable guideline premium minimum rate means the applicable accumulation test minimum rate as defined in subsection b 3 plus 2',
'percentage points.. c application of modified minimum rates to determination of guideline level premium. section 7702 c 4 is amended',
'1 by striking 4 percent and inserting the applicable accumulation test minimum rate, and 2 by striking 6 percent and',
'inserting the applicable guideline premium minimum rate. d note: definitions. insurance interest rate. section 7702 f is amended by adding',
'at the end the following new paragraph: 11 insurance interest rate. for purposes of this section page 134 stat. 3059',
'a in general. the term insurance interest rate means, with respect to any contract issued in any calendar year, the',
'lesser of i the section 7702 valuation interest rate for such calendar year or, if such calendar year is not',
'an adjustment year, the most recent adjustment year , or ii the section 7702 applicable federal interest rate for such',
'calendar year or, if such calendar year is not an adjustment year, the most recent adjustment year . b section',
'7702 valuation interest rate. the term section 7702 valuation interest rate means, with respect to any adjustment year, the prescribed',
'u.s. valuation interest rate for life insurance with guaranteed durations of more than 20 years as defined in the national',
'association of insurance commissioners standard valuation law as effective in the calendar year immediately preceding such adjustment year. c section',
'7702 applicable federal interest rate. the note: time period. term section 7702 applicable federal interest rate means, with respect to',
'any adjustment year, the average rounded to the nearest whole percentage point of the applicable federal mid term rates as',
'defined in section 1274 d but based on annual compounding effective as of the beginning of each of the calendar',
'months in the most recent 60 month period ending before the second calendar year prior to such adjustment year. d',
'adjustment year. the term adjustment year means the calendar year following any calendar year that includes the effective date of',
'a change in the prescribed u.s. valuation interest rate for life insurance with guaranteed durations of more than 20 years',
'as defined in the national association of insurance commissioners standard valuation law . e note: effective dates. transition rule. notwithstanding',
'subparagraph a , the insurance interest rate shall be 2 percent in the case of any contract which is issued',
'during the period that i begins on january 1, 2021, and ii note: termination date. ends immediately before the beginning',
'of the first adjustment year that beings after december 31, 2021.. e note: 26 usc 7702 note. effective date. the',
'amendments made by this section shall apply to contracts issued after december 31, 2020. sec. 206. clarifications and technical improvements',
'to cares act employee retention credit. a gross receipts of tax exempt organizations. section 2301 c 2 c of the',
'cares act note: ante, p. 347. is amended 1 by striking of such code, clauses i and ii i and',
'inserting of such code i clauses i and ii i , 2 by striking the period at the end and',
'inserting , and, and 3 by adding at the end the following new clause: page 134 stat. 3060 ii any',
'reference in this section to gross receipts shall be treated as a reference to gross receipts within the meaning of',
'section 6033 of such code.. b modification of treatment of health plan expenses. section 2301 c of the cares act',
'is amended 1 by striking subparagraph c of paragraph 3 , and 2 in paragraph 5 a by striking the',
'term and inserting the following: a in general. the term, and b by adding at the end the following new',
'subparagraph: b allowance for certain health plan expenses. i in general. such term shall include amounts paid by the eligible',
'employer to provide and maintain a group health plan as defined in section 5000 b 1 of the internal revenue',
'code of 1986 , but only to the extent that such amounts are excluded from the gross income of employees',
'by reason of section 106 a of such code. ii allocation rules. for purposes of this section, amounts treated as',
'wages under clause i shall be treated as paid with respect to any employee and with respect to any period',
'to the extent that such amounts are properly allocable to such employee and to such period in such manner as',
'the secretary may prescribe. except as otherwise provided by the secretary, such allocation shall be treated as properly made if',
'made on the basis of being pro rata among periods of coverage.. c improved coordination between paycheck protection program and',
'employee retention tax credit. 1 amendment to paycheck protection program. section 7a a 12 of the small business act, as',
'redesignated, transferred, and amended by the economic aid to hard hit small businesses, nonprofits, and venues act, note: 15 usc',
'636m. is amended by adding at the end the following: such payroll costs shall not include qualified wages taken into',
'account in determining the credit allowed under section 2301 of the cares act or qualified wages taken into account in',
'determining the credit allowed under subsection a or d of section 303 of the taxpayer certainty and disaster relief act',
'of 2020.. 2 amendments to employee retention tax credit. a in general. section 2301 g of the cares act is',
'note: ante, p. 350. amended to read as follows: g election to not take certain wages into account. 1 in',
'general. this section shall not apply to so much of the qualified wages paid by an eligible employer as such',
'employer elects at such time and in such manner as the secretary may prescribe to not take into account for',
'purposes of this section. 2 coordination with paycheck protection program. the note: consultation. secretary, in consultation with the administrator of',
'the small business administration, shall issue guidance providing that payroll costs paid during the covered period shall not fail to',
'be treated as qualified wages under this section by reason of an election under paragraph 1 to the extent page',
'134 stat. 3061 that a covered loan of the eligible employer is not forgiven by reason of a decision under',
'section 7a g of the small business act. terms used in the preceding sentence which are also used in section',
'7a of the small business act shall have the same meaning as when used in such section.. b conforming amendments.',
'i section 2301 of the cares act note: ante, p. 350. is amended by striking subsection j . ii section',
'2301 l of the cares act note: ante, p. 350. is amended by striking paragraph 3 and by redesignating paragraphs',
'4 and 5 as paragraphs 3 and 4 , respectively. d regulations and guidance. section 2301 l of the cares',
'act, as amended by subsection c 2 b ii , is amended by striking and at the end of paragraph',
'3 , by striking the period at the end of paragraph 4 and inserting , and, and by adding at',
'the end the following new paragraph: 5 to prevent the avoidance of the purposes of the limitations under this section,',
'including through the leaseback of employees.. e note: 26 usc 3111 note. effective date. 1 in general. the amendments made',
'by this section shall take effect as if included in the provisions of the cares act to which they relate.',
'2 special rule. a in general. for purposes of section 2301 of the cares act, an employer who has filed',
'a return of tax with respect to applicable employment taxes as defined in section 2301 c 1 of division a',
'of such act before the date of the enactment of this act may elect in such manner as the secretary',
'of the treasury or the secretarys delegate shall prescribe to treat any applicable amount as an amount paid in the',
'calendar quarter which includes the date of the enactment of this act. b note: definition. applicable amount. for purposes of',
'subparagraph a , the term applicable amount means the amount of wages which i are i described in section 2301',
'c 5 b of the cares act, as added by the amendments made by subsection b , or ii permitted',
'to be treated as qualified wages under guidance issued pursuant to section 2301 g 2 of the cares act as',
'added by subsection c , and ii were i note: time period. paid in a calendar quarter beginning after december',
'31, 2019, and before october 1, 2020, and ii not taken into account by the taxpayer in calculating the credit',
'allowed under section 2301 a of division a of such act for such calendar quarter. sec. 207. extension and modification',
'of employee retention and rehiring tax credit. a extension. page 134 stat. 3062 1 in general. section 2301 m of',
'the cares act note: ante, p. 351. is amended by striking january 1, 2021 and inserting july 1, 2021. 2',
'conforming amendment. section 2301 c 2 a i of the cares act note: ante, p. 348. is amended by striking',
'during calendar year 2020 and inserting during the calendar quarter for which the credit is determined under subsection a .',
'b increase in credit percentage. section 2301 a note: ante, p. 347. of the cares act is amended by striking',
'50 percent and inserting 70 percent. c increase in per employee limitation. section 2301 b 1 of the cares act',
'note: ante, p. 347. is amended by striking for all calendar quarters shall not exceed $10,000 and inserting for any',
'calendar quarter shall not exceed $10,000. d modifications to definition of eligible employer. 1 decrease in reduction in gross receipts',
'necessary to qualify as eligible employer. a in general. section 2301 c 2 a ii ii of the cares act',
'is amended to read as follows: ii the gross receipts within the meaning of section 448 c of the internal',
'revenue code of 1986 of such employer for such calendar quarter are less than 80 percent of the gross receipts',
'of such employer for the same calendar quarter in calendar year 2019.. b application to employers not in existence in',
'2019. section 2301 c 2 a of the cares act, as amended by subparagraph a , is amended by adding',
'at the end the following new flush sentence: with note: applicability. respect to any employer for any calendar quarter, if',
'such employer was not in existence as of the beginning of the same calendar quarter in calendar year 2019, clause',
'ii ii shall be applied by substituting 2020 for 2019.. 2 election to determine gross receipts test based on prior',
'quarter. a in general. subparagraph b of section 2301 c 2 of the cares act is amended to read as',
'follows: b note: applicability. election to use alternative quarter. at the election of the employer i subparagraph a ii ii',
'shall be applied i by substituting for the immediately preceding calendar quarter for for such calendar quarter, and ii by',
'substituting the corresponding calendar quarter in calendar year 2019 for the same calendar quarter in calendar year 2019, and ii',
'the last sentence of subparagraph a shall be applied by substituting the corresponding calendar quarter in calendar year 2019 for',
'the same calendar quarter in calendar year 2019. an election under this subparagraph shall be made at such time and',
'in such manner as the secretary shall prescribe.. b conforming amendment. section 2301 l of the cares act, as amended',
'by section 206, is amended by inserting and at the end of paragraph 3 , by striking page 134 stat.',
'3063 paragraph 4 , and by redesignating paragraph 5 as paragraph 4 . 3 application to certain governmental employers. a',
'in general. section 2301 f of the cares note: ante, p. 349. act is amended i by striking this and',
'inserting the following: 1 in general. this, and ii by adding at the end the following new paragraph: 2 exception.',
'paragraph 1 shall not apply to a any organization described in section 501 c 1 of the internal revenue code',
'of 1986 and exempt from tax under section 501 a of such code, or b any entity described in paragraph',
'1 if i such entity is a college or university, or ii the principal purpose or function of such entity',
'is providing medical or hospital care. in the case of any entity described in subparagraph b , such entity shall',
'be treated as satisfying the requirements of subsection c 2 a i .. b conforming amendment. section 2301 c 5',
'a of the cares act, as amended by section 206 b 2 , is amended by adding at the end',
'the following new sentence: for note: determination. purposes of the preceding sentence, in the case of any organization or entity',
'described in subsection f 2 , wages as defined in section 3121 a of the internal revenue code of 1986',
'shall be determined without regard to paragraphs 5 , 6 , 7 , 10 , and 13 of section 3121',
'b of such code except with respect to services performed in a penal institution by an inmate thereof .. e',
'modification of determination of qualified wages. 1 modification of threshold for treatment as a large employer. section 2301 c 3',
'a of the cares act note: ante, p. 348. is amended by striking 100 each place it appears in clauses',
'i and ii and inserting 500. 2 elimination of limitation. section 2301 c 3 of the cares act is amended',
'a by striking subparagraph b , and b by striking such term in the second sentence of subparagraph a and',
'inserting the following: b exception. the term qualified wages . f denial of double benefit. section 2301 h of the',
'cares act note: ante, p. 350. is amended 1 by striking paragraphs 1 and 2 and inserting the following: 1',
'denial of double benefit. any wages taken into account in determining the credit allowed under this section shall not be',
'taken into account as wages for purposes of sections 41, 45a, 45p, 45s, 51, and 1396 of the internal revenue',
'code of 1986.. 2 by redesignating paragraph 3 as paragraph 2 . g advance payments. 1 in general. section 2301',
'of the cares act, as amended by section 206 c 2 b i , is amended by inserting after subsection',
'i the following new subsection: j advance payments. page 134 stat. 3064 1 in general. except as provided in paragraph',
'2 , no advance payment of the credit under subsection a shall be allowed. 2 advance payments to small employers.',
'a note: regulations. in general. under rules provided by the secretary, an eligible employer for which the average number of',
'full time employees within the meaning of section 4980h of the internal revenue code of 1986 employed by such eligible',
'employer during 2019 was not greater than 500 may elect for any calendar quarter to receive an advance payment of',
'the credit under subsection a for such quarter in an amount not to exceed 70 percent of the average quarterly',
'wages paid by the employer in calendar year 2019. b special rule for seasonal employers. in the case of any',
'employer who employs seasonal workers as defined in section 45r d 5 b of the internal revenue code of 1986',
', the employer may elect to substitute the wages for the calendar quarter in 2019 which corresponds to the calendar',
'quarter to which the election relates for the average quarterly wages paid by the employer in calendar year 2019. c',
'special rule for employers not in existence in 2019. in the case of any employer that was not in existence',
'in 2019, subparagraphs a and b shall each be applied by substituting 2020 for 2019 each place it appears. 3',
'reconciliation of credit with advance payments. a in general. the amount of credit which would but for this subsection be',
'allowed under this section shall be reduced but not below zero by the aggregate payment allowed to the taxpayer under',
'paragraph 2 . any failure to so reduce the credit shall be treated as arising out of a mathematical or',
'clerical error and assessed according to section 6213 b 1 of the internal revenue code of 1986. b excess advance',
'payments. if the advance payments to a taxpayer under paragraph 2 for a calendar quarter exceed the credit allowed by',
'this section determined without regard to subparagraph a , the tax imposed by chapter 21 or 22 of the internal',
'revenue code of 1986 whichever is applicable for the calendar quarter shall be increased by the amount of such excess..',
'2 conforming amendments. section 2301 l of the cares act, as amended by section 206 and subsection d 2 b',
', is amended a by inserting as provided in subsection j 2 after subsection a in paragraph 1 , b',
'by striking paragraph 2 , and c by redesignating paragraphs 3 and 4 as paragraphs 2 and 3 , respectively.',
'h third party payors. section 2301 l of the cares act, as amended by section 206 and subsections d 2',
'b and g 2 , is amended by adding at the end the following flush sentence: any note: requirement. forms,',
'instructions, regulations, or guidance described in paragraph 2 shall require the customer to be responsible for the accounting of the',
'credit and for any liability for improperly claimed credits and shall require the certified professional employer page 134 stat. 3065',
'organization or other third party payor to accurately report such tax credits based on the information provided by the customer..',
'i public awareness campaign. section 2301 note: ante, p. 347. of the cares act is amended by adding at the',
'end the following new subsection: n public awareness campaign. 1 note: coordination. in general. the secretary shall conduct a public',
'awareness campaign, in coordination with the administrator of the small business administration, to provide information regarding the availability of the',
'credit allowed under this section. 2 outreach. under the campaign conducted under paragraph 1 , the secretary shall a provide',
'to all employers which reported not more than 500 employees on the most recently filed return of applicable employment taxes',
'a notice about the credit allowed under this section and the requirements for eligibility to claim the credit, and b',
'note: deadline. not later than 30 days after the date of the enactment of this subsection, provide to all employers',
'educational materials relating to the credit allowed under this section, including specific materials for businesses with not more than 500',
'employees.. j coordination with certain payroll protection program loans. section 2301 g 2 of the cares act, as added by',
'section 206 c 2 a , is amended by striking section 7a g of the small business act and all',
'that follows and inserting section 7a g of the small business act or the application of section 7 a 37',
'j of the small business act. terms used in the preceding sentence which are also used in section 7a g',
'or 7 a 37 j of the small business act shall, when applied in connection with either such section, have',
'the same meaning as when used in such section, respectively.. k note: 26 usc 3111 note. effective date. the amendments',
'made by this section shall apply to calendar quarters beginning after december 31, 2020. sec. 208. minimum age for distributions',
'during working retirement. a in general. paragraph 36 of section 401 a note: 26 usc 401. is amended to read',
'as follows: 36 distributions during working retirement. a in general. a trust forming part of a pension plan shall not',
'be treated as failing to constitute a qualified trust under this section solely because the plan provides that a distribution',
'may be made from such trust to an employee who has attained age 59\1/2\ and who is not separated from',
'employment at the time of such distribution. b note: applicability. certain employees in the building and construction industry. subparagraph a',
'shall be applied by substituting age 55 for age 59\1/2\ in the case of a multiemployer plan described in section',
'4203 b 1 b i of the employee retirement income security act of 1974, with respect to individuals who were',
'participants in such plan on or before april 30, 2013, if i the trust to which subparagraph a applies was',
'in existence before january 1, 1970, and ii note: determination. before december 31, 2011, at a time when the plan',
'provided that distributions may be made to page 134 stat. 3066 an employee who has attained age 55 and who',
'is not separated from employment at the time of such distribution, the plan received at least 1 written determination from',
'the internal revenue service that the trust to which subparagraph a applies constituted a qualified trust under this section.. b',
'note: 26 usc 401 note. effective date. the amendment made by this section shall apply to distributions made before, on,',
'or after the date of the enactment of this act. sec. 209. note: time period. 26 usc 411 note. temporary',
'rule preventing partial plan termination. a plan shall not be treated as having a partial termination within the meaning of',
'411 d 3 of the internal revenue code of 1986 during any plan year which includes the period beginning on',
'march 13, 2020, and ending on march 31, 2021, if the number of active participants covered by the plan on',
'march 31, 2021 is at least 80 percent of the number of active participants covered by the plan on march',
'13, 2020. sec. 210. temporary allowance of full deduction for business meals. a in general. section 274 n 2 of',
'the internal revenue code of 1986 note: 26 usc 274. is amended by striking or at the end of subparagraph',
'b , by striking the period at the end of subparagraph c iv and inserting , or, and by inserting',
'after subparagraph c the following new subparagraph: d such expense is i for food or beverages provided by a restaurant,',
'and ii paid or incurred before january 1, 2023.. b note: 26 usc 274 note. effective date. the amendments made',
'by this section shall apply to amounts paid or incurred after december 31, 2020. sec. 211. note: 26 usc 32',
'note. temporary special rule for determination of earned income. a in general. if the earned income of the taxpayer for',
'the taxpayers first taxable year beginning in 2020 is less than the earned income of the taxpayer for the preceding',
'taxable year, the credits allowed under sections 24 d and 32 of the internal revenue code of 1986 may, at',
'the election of the taxpayer, be determined by substituting 1 such earned income for the preceding taxable year, for 2',
'such earned income for the taxpayers first taxable year beginning in 2020. b earned income. 1 in general. for purposes',
'of this section, the term earned income has the meaning given such term under section 32 c of the internal',
'revenue code of 1986. 2 application to joint returns. for purposes of subsection a , in the case of a',
'joint return, the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned',
'income of each spouse for such preceding taxable year. c special rules. 1 errors treated as mathematical error. for purposes',
'of section 6213 of the internal revenue code of 1986, page 134 stat. 3067 an incorrect use on a return',
'of earned income pursuant to subsection a shall be treated as a mathematical or clerical error. 2 note: applicability. no',
'effect on determination of gross income, etc. except as otherwise provided in this section, the internal revenue code of 1986',
'shall be applied without regard to any substitution under subsection a . sec. 212. certain charitable contributions deductible by non',
'itemizers. a in general. section 170 note: 26 usc 170. is amended by redesignating subsection p as subsection q and',
'by inserting after subsection o the following new subsection: p special rule for taxpayers who do not elect to itemize',
'deductions. in the case of any taxable year beginning in 2021, if the individual does not elect to itemize deductions',
'for such taxable year, the deduction under this section shall be equal to the deduction, not in excess of $300',
'$600 in the case of a joint return , which would be determined under this section if the only charitable',
'contributions taken into account in determining such deduction were contributions made in cash during such taxable year determined without regard',
'to subsections b 1 g ii and d 1 to an organization described in section 170 b 1 a and',
'not 1 to an organization described in section 509 a 3 , or 2 for the establishment of a new,',
'or maintenance of an existing, donor advised fund as defined in section 4966 d 2 .. b penalty for underpayments',
'attributable to overstated deduction. 1 in general. section 6662 b is amended by inserting after paragraph 8 the following: 9',
'any overstatement of the deduction provided in section 170 p .. 2 increased penalty. section 6662 is amended by adding',
'at the end the following new subsection: l increase in penalty in case of overstatement of qualified charitable contributions. in',
'note: applicability. the case of any portion of an underpayment which is attributable to one or more overstatements of the',
'deduction provided in section 170 p , subsection a shall be applied with respect to such portion by substituting 50',
'percent for 20 percent.. 3 exception to approval of assessment. section 6751 b 2 a is amended by striking or',
'6655 and inserting 6655, or 6662 but only with respect to an addition to tax by reason of subsection b',
'9 thereof . b conforming amendments. 1 section 63 b is amended by striking and at the end of paragraph',
'2 , by striking the period at the end of paragraph 3 and inserting , and, and by adding at',
'the end the following new paragraph: 4 the deduction provided in section 170 p .. 2 section 63 d is',
'amended by adding and at the end of paragraph 1 , by striking paragraphs 2 and 3 , and by',
'inserting after paragraph 1 the following new paragraph: 2 any deduction referred to in any paragraph of subsection b ..',
'page 134 stat. 3068 c repeal of superseded provisions. 1 in general. section 62 a note: 26 usc 62. is',
'amended by striking paragraph 22 . 2 conforming amendment. section 62 is amended by striking subsection f . d note:',
'26 usc 62 note. effective date. the amendments made by this section shall apply to taxable years beginning after december',
'31, 2020. sec. 213. modification of limitations on charitable contributions. a in general. subsections a 3 a i and b',
'of section 2205 of the cares act note: ante, p. 346. are each amended by inserting or 2021 after 2020.',
'b conforming amendment. the heading of section 2205 of the cares act note: ante, p. 345. is amended by striking',
'sup modification of limitations on charitable contributions during /sup 2020 and inserting sup temporary modification of limitations on charitable contributions',
'/sup . c note: 26 usc 170 note. effective date. the amendments made by this section shall apply to contributions',
'made after december 31, 2020. sec. 214. note: 26 usc 125 note. temporary special rules for health and dependent care',
'flexible spending arrangements. a carryover from 2020 plan year. for plan years ending in 2020, a plan that includes a',
'health flexible spending arrangement or dependent care flexible spending arrangement shall not fail to be treated as a cafeteria plan',
'under the internal revenue code of 1986 merely because such plan or arrangement permits participants to carry over under rules',
'similar to the rules applicable to health flexible spending arrangements any unused benefits or contributions remaining in any such flexible',
'spending arrangement from such plan year to the plan year ending in 2021. b carryover from 2021 plan year. for',
'plan years ending in 2021, a plan that includes a health flexible spending arrangement or dependent care flexible spending arrangement',
'shall not fail to be treated as a cafeteria plan under the internal revenue code of 1986 merely because such',
'plan or arrangement permits participants to carry over under rules similar to the rules applicable to health flexible spending arrangements',
'any unused benefits or contributions remaining in any such flexible spending arrangement from such plan year to the plan year',
'ending in 2022. c extension of grace periods, etc. 1 in general. a plan that includes a health flexible spending',
'arrangement or dependent care flexible spending arrangement shall not fail to be treated as a cafeteria plan under the internal',
'revenue code of 1986 merely because such plan or arrangement extends the grace period for a plan year ending in',
'2020 or 2021 to 12 months after the end of such plan year, with respect to unused benefits or contributions',
'remaining in a health flexible spending arrangement or a dependent care flexible spending arrangement. 2 post termination reimbursements from health',
'fsas. a plan that includes a health flexible spending arrangement shall not fail to be treated as a cafeteria plan',
'under the internal revenue code of 1986 merely because such plan or arrangement allows under rules similar to the rules',
'applicable to dependent care flexible spending arrangements an employee who ceases participation in the plan during calendar year 2020 or',
'2021 to continue to receive reimbursements page 134 stat. 3069 from unused benefits or contributions through the end of the',
'plan year in which such participation ceased including any grace period, taking into account any modification of a grace period',
'permitted under paragraph 1 . d special carry forward rule for dependent care flexible spending arrangements where dependent aged out',
'during pandemic. 1 note: applicability. determination. in general. in the case of any eligible employee, section 21 b 1 a',
'of the internal revenue code of 1986 shall be applied by substituting age 14 for age 13 for purposes of',
'determining the dependent care assistance which may be paid or reimbursed with respect to such employee under the dependent care',
'flexible spending arrangement referred to in paragraph 3 a with respect to such employee during a the plan year described',
'in paragraph 3 a , and b in the case of an employee described in paragraph 3 b ii ,',
'the subsequent plan year. 2 application to subsequent plan year limited to unused balance from preceding plan year. paragraph 1',
'b shall only apply to so much of the amounts paid for dependent care assistance with respect to the dependents',
'referred to in paragraph 3 b as does not exceed the unused balance described in paragraph 3 b ii .',
'3 eligible employee. for purposes of this section, the term eligible employee means any employee who a is enrolled in',
'a dependent care flexible spending arrangement for the last plan year with respect to which the end of the regular',
'enrollment period for such plan year was on or before january 31, 2020, and b has one or more dependents',
'as defined in section 152 a 1 of the internal revenue code of 1986 who attain the age of 13',
'i during such plan year, or ii in the case of an employee who after the application of this section',
'has an unused balance in the employees account under such arrangement for such plan year determined as of the close',
'of the last day on which, under the terms of the plan, claims for reimbursement may be made with respect',
'to such plan year , the subsequent plan year. e change in election amount. for plan years ending in 2021,',
'a plan that includes a health flexible spending arrangement or dependent care flexible spending arrangement shall not fail to be',
'treated as a cafeteria plan under the internal revenue code of 1986 merely because such plan or arrangement allows an',
'employee to make an election to modify prospectively the amount but not in excess of any applicable dollar limitation of',
'such employees contributions to any such flexible spending arrangement without regard to any change in status . f definitions. any',
'term used in this section which is also used in section 106, 125, or 129 of the internal revenue code',
'of 1986, or the regulations or guidance thereunder, shall have the same meaning as when used in such section, regulations,',
'or guidance. g note: time periods. plan amendments. a plan that includes a health flexible spending arrangement or dependent care',
'flexible spending arrangement shall not fail to be treated as a cafeteria plan under the page 134 stat. 3070 internal',
'revenue code of 1986 merely because such plan or arrangement is amended pursuant to a provision under this section and',
'such amendment is retroactive, if 1 such amendment is adopted not later than the last day of the first calendar',
'year beginning after the end of the plan year in which the amendment is effective, and 2 the plan or',
'arrangement is operated consistent with the terms of such amendment during the period beginning on the effective date of the',
'amendment and ending on the date the amendment is adopted. title iii disaster tax relief sec. 301. note: president. definitions.',
'for purposes of this title 1 qualified disaster area. a note: time period. in general. the term qualified disaster area',
'means any area with respect to which a major disaster was declared, during the period beginning on january 1, 2020,',
'and ending on the date which is 60 days after the date of the enactment of this act, by the',
'president under section 401 of the robert t. stafford disaster relief and emergency assistance act if the incident period of',
'the disaster with respect to which such declaration is made begins on or after december 28, 2019, and on or',
'before the date of the enactment of this act. b covid 19 exception. such term shall not include any area',
'with respect to which such a major disaster has been so declared only by reason of covid 19. 2 note:',
'determination. qualified disaster zone. the term qualified disaster zone means that portion of any qualified disaster area which was determined',
'by the president, during the period beginning on january 1, 2020, and ending on the date which is 60 days',
'after the date of the enactment of this act, to warrant individual or individual and public assistance from the federal',
'government under the robert t. stafford disaster relief and emergency assistance act by reason of the qualified disaster with respect',
'to such disaster area. 3 qualified disaster. the term qualified disaster means, with respect to any qualified disaster area, the',
'disaster by reason of which a major disaster was declared with respect to such area. 4 incident period. the term',
'incident period means, with respect to any qualified disaster, the period specified by the federal emergency management agency as the',
'period during which such disaster occurred except that for purposes of this title such period shall not be treated as',
'ending after the date which is 30 days after the date of the enactment of this act . sec. 302.',
'special disaster related rules for use of retirement funds. a tax favored withdrawals from retirement plans. page 134 stat. 3071',
'1 in general. section 72 t of the internal revenue code of 1986 shall not apply to any qualified disaster',
'distribution. 2 aggregate dollar limitation. a in general. for purposes of this subsection, the aggregate amount of distributions received by',
'an individual which may be treated as qualified disaster distributions for any taxable year shall not exceed the excess if',
'any of i $100,000, over ii the aggregate amounts treated as qualified disaster distributions received by such individual for all',
'prior taxable years. b treatment of plan distributions. if a distribution to an individual would without regard to subparagraph a',
'be a qualified disaster distribution, a plan shall not be treated as violating any requirement of the internal revenue code',
'of 1986 merely because the plan treats such distribution as a qualified disaster distribution, unless the aggregate amount of such',
'distributions from all plans maintained by the employer and any member of any controlled group which includes the employer to',
'such individual exceeds $100,000. c note: definition. controlled group. for purposes of subparagraph b , the term controlled group means',
'any group treated as a single employer under subsection b , c , m , or o of section 414',
'of the internal revenue code of 1986. d note: applicability. special rule for individuals affected by more than one disaster.',
'the limitation of subparagraph a shall be applied separately with respect to distributions made with respect to each qualified disaster.',
'3 amount distributed may be repaid. a note: time period. effective date. in general. any individual who receives a qualified',
'disaster distribution may, at any time during the 3 year period beginning on the day after the date on which',
'such distribution was received, make 1 or more contributions in an aggregate amount not to exceed the amount of such',
'distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of',
'such distribution could be made under section 402 c , 403 a 4 , 403 b 8 , 408 d',
'3 , or 457 e 16 , of the internal revenue code of 1986, as the case may be. b',
'treatment of repayments of distributions from eligible retirement plans other than note: deadline. iras. for purposes of the internal revenue',
'code of 1986, if a contribution is made pursuant to subparagraph a with respect to a qualified disaster distribution from',
'an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount',
'of the contribution, be treated as having received the qualified disaster distribution in an eligible rollover distribution as defined in',
'section 402 c 4 of such code and as having transferred the amount to the eligible retirement plan in a',
'direct trustee to trustee transfer within 60 days of the distribution. page 134 stat. 3072 c treatment of repayments of',
'distributions from note: deadline. iras. for purposes of the internal revenue code of 1986, if a contribution is made pursuant',
'to subparagraph a with respect to a qualified disaster distribution from an individual retirement plan as defined by section 7701',
'a 37 of such code , then, to the extent of the amount of the contribution, the qualified disaster distribution',
'shall be treated as a distribution described in section 408 d 3 of such code and as having been transferred',
'to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. 4 definitions.',
'for purposes of this subsection a qualified disaster distribution. except as provided in paragraph 2 , the term qualified disaster',
'distribution means any distribution from an eligible retirement plan made i note: time period. on or after the first day',
'of the incident period of a qualified disaster and before the date which is 180 days after the date of',
'the enactment of this act, and ii to an individual whose principal place of abode at any time during the',
'incident period of such qualified disaster is located in the qualified disaster area with respect to such qualified disaster and',
'who has sustained an economic loss by reason of such qualified disaster. b eligible retirement plan. the term eligible retirement',
'plan shall have the meaning given such term by section 402 c 8 b of the internal revenue code of',
'1986. 5 income inclusion spread over 3 year period. a in general. in the case of any qualified disaster distribution,',
'unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included',
'in gross income for such taxable year shall be so included ratably over the 3 taxable year period beginning with',
'such taxable year. b special rule. for purposes of subparagraph a , rules similar to the rules of subparagraph e',
'of section 408a d 3 of the internal revenue code of 1986 shall apply. 6 special rules. a exemption of',
'distributions from trustee to trustee transfer and withholding rules. for purposes of sections 401 a 31 , 402 f ,',
'and 3405 of the internal revenue code of 1986, qualified disaster distributions shall not be treated as eligible rollover distributions.',
'b qualified disaster distributions treated as meeting plan distribution requirements. for purposes of the internal revenue code of 1986, a',
'qualified disaster distribution shall be treated as meeting the requirements of sections 401 k 2 b i , 403 b',
'7 a i , 403 b 11 , and 457 d 1 a of such code and section 8433 h',
'1 of title 5, united states code, and, in the case of a money purchase pension plan, a qualified disaster',
'distribution which is an in service withdrawal shall be treated as meeting the distribution rules of section 401 a of',
'such code. page 134 stat. 3073 b recontributions of withdrawals for home purchases. 1 recontributions. a in general. any individual',
'who received a qualified distribution may, during the applicable period, make 1 or more contributions in an aggregate amount not',
'to exceed the amount of such qualified distribution to an eligible retirement plan as defined in section 402 c 8',
'b of the internal revenue code of 1986 of which such individual is a beneficiary and to which a rollover',
'contribution of such distribution could be made under section 402 c , 403 a 4 , 403 b 8 ,',
'or 408 d 3 , of such code, as the case may be. b note: applicability. treatment of repayments. rules',
'similar to the rules of subparagraphs b and c of subsection a 3 shall apply for purposes of this subsection.',
'2 qualified distribution. for purposes of this subsection, the term qualified distribution means any distribution a described in section 401',
'k 2 b i iv , 403 b 7 a i v , 403 b 11 b , or 72',
't 2 f , of the internal revenue code of 1986, b which was to be used to purchase or',
'construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified',
'disaster with respect to such area, and c note: time periods. which was received during the period beginning on the',
'date which is 180 days before the first day of the incident period of such qualified disaster and ending on',
'the date which is 30 days after the last day of such incident period. 3 applicable period. for purposes of',
'this subsection, the term applicable period means, in the case of a principal residence in a qualified disaster area with',
'respect to any qualified disaster, the period beginning on the first day of the incident period of such qualified disaster',
'and ending on the date which is 180 days after the date of the enactment of this act. c loans',
'from qualified plans. 1 note: time periods. applicability. increase in limit on loans not treated as distributions. in the case',
'of any loan from a qualified employer plan as defined under section 72 p 4 of the internal revenue code',
'of 1986 to a qualified individual made during the 180 day period beginning on the date of the enactment of',
'this act a clause i of section 72 p 2 a of such code shall be applied by substituting $100,000',
'for $50,000, and b clause ii of such section shall be applied by substituting the present value of the nonforfeitable',
'accrued benefit of the employee under the plan for one half of the present value of the nonforfeitable accrued benefit',
'of the employee under the plan. 2 delay of repayment. in the case of a qualified individual with respect to',
'any qualified disaster with an outstanding loan on or after the first day of the incident period of such qualified',
'disaster from a qualified employer plan as page 134 stat. 3074 defined in section 72 p 4 of the internal',
'revenue code of 1986 a note: time period. if the due date pursuant to subparagraph b or c of section',
'72 p 2 of such code for any repayment with respect to such loan occurs during the period beginning on',
'the first day of the incident period of such qualified disaster and ending on the date which is 180 days',
'after the last day of such incident period, such due date shall be delayed for 1 year or, if later,',
'until the date which is 180 days after the date of the enactment of this act , b any subsequent',
'repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under',
'subparagraph a and any interest accruing during such delay, and c note: determination. in determining the 5 year period and',
'the term of a loan under subparagraph b or c of section 72 p 2 of such code, the period',
'described in subparagraph a of this paragraph shall be disregarded. 3 note: definition. qualified individual. for purposes of this subsection,',
'the term qualified individual means any individual a whose principal place of abode at any time during the incident period',
'of any qualified disaster is located in the qualified disaster area with respect to such qualified disaster, and b who',
'has sustained an economic loss by reason of such qualified disaster. d provisions relating to plan amendments. 1 note: applicability.',
'in general. if this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall',
'be treated as being operated in accordance with the terms of the plan during the period described in paragraph 2',
'b i . 2 amendments to which subsection applies. a in general. this subsection shall apply to any amendment to',
'any plan or annuity contract which is made i pursuant to any provision of this section, or pursuant to any',
'regulation issued by the secretary or the secretary of labor under any provision of this section, and ii note: effective',
'date. on or before the last day of the first plan year beginning on or after january 1, 2022, or',
'such later date as the secretary may prescribe. in the case of a governmental plan as defined in section 414',
'd of the internal revenue code of 1986 , clause ii shall be applied by substituting the date which is',
'2 years after the date otherwise applied under clause ii . b conditions. this subsection shall not apply to any',
'amendment unless i during the period i beginning on the date that this section or the regulation described in subparagraph',
'a i takes effect or in the case of a plan or contract amendment not required by this section or',
'such regulation, the effective date specified by the plan , and page 134 stat. 3075 ii ending on the date',
'described in subparagraph a ii or, if earlier, the date the plan or contract amendment is adopted , the plan',
'or contract is operated as if such plan or contract amendment were in effect, and ii such plan or contract',
'amendment applies retroactively for such period. sec. 303. employee retention credit for employers affected by qualified disasters. a in general.',
'for purposes of section 38 of the internal revenue code of 1986, in the case of an eligible employer, the',
'2020 qualified disaster employee retention credit shall be treated as a credit listed at the end of subsection b of',
'such section. for purposes of this subsection, the 2020 qualified disaster employee retention credit for any taxable year is an',
'amount equal to 40 percent of the qualified wages with respect to each eligible employee of such employer for such',
'taxable year. the amount of qualified wages with respect to any employee which may be taken into account under this',
'subsection by the employer for any taxable year shall not exceed $6,000 reduced by the amount of qualified wages with',
'respect to such employee taken into account for any prior taxable year . b definitions. for purposes of this section',
'1 eligible employer. the term eligible employer means any employer a which conducted an active trade or business in a',
'qualified disaster zone at any time during the incident period of the qualified disaster with respect to such qualified disaster',
'zone, and b with respect to whom the trade or business described in subparagraph a is inoperable at any time',
'during the period beginning on the first day of the incident period of such qualified disaster and ending on the',
'date of the enactment of this act, as a result of damage sustained by reason of such qualified disaster. 2',
'eligible employee. the term eligible employee means with respect to an eligible employer an employee whose principal place of employment',
'with such eligible employer determined immediately before the qualified disaster referred to in paragraph 1 was in the qualified disaster',
'zone referred to in such paragraph. 3 qualified wages. the term qualified wages means wages as defined in section 51',
'c 1 of the internal revenue code of 1986, but without regard to section 3306 b 2 b of such',
'code paid or incurred by an eligible employer with respect to an eligible employee at any time on or after',
'the date on which the trade or business described in paragraph 1 first became inoperable at the principal place of',
'employment of the employee determined immediately before the qualified disaster referred to in such paragraph and before the earlier of',
'a the date on which such trade or business has resumed significant operations at such principal place of employment, or',
'page 134 stat. 3076 b note: time period. the date which is 150 days after the last day of the',
'incident period of the qualified disaster referred to in paragraph 1 . such term shall include wages paid without regard',
'to whether the employee performs no services, performs services at a different place of employment than such principal place of',
'employment, or performs services at such principal place of employment before significant operations have resumed. such term shall not include',
'any wages taken into account under section 2301 of the cares act. c special rules. 1 denial of double benefit.',
'any wages taken into account in determining any credit allowed under this section shall not be taken into account as',
'wages for purposes of sections 41, 45a, 45p, 45s, 51, and 1396 of the internal revenue code of 1986. 2',
'certain other rules to apply. for purposes of this section, rules similar to the rules of sections 51 i 1',
', 52, and 280c a of the internal revenue code of 1986 shall apply. d payroll tax credit for certain',
'tax exempt organizations. 1 in general. in the case of any qualified tax exempt organization, there shall be allowed as',
'a credit against the tax imposed by section 3111 a of the internal revenue code of 1986 on wages paid',
'with respect to employment of all employees of the organization during the calendar quarter an amount equal to 40 percent',
'of the qualified wages paid to eligible employees of such organization during such calendar quarter. 2 application of aggregate dollar',
'limitation per employee. the amount of qualified wages with respect to any employee which may be taken into account under',
'this subsection by the employer for any calendar quarter shall not exceed $6,000 reduced by the amount of qualified wages',
'with respect to which credit was allowed under this subsection for any prior calendar quarter with respect to such employee',
'. 3 overall limitation. a in general. the aggregate amount allowed as a credit under this subsection for all eligible',
'employees of any employer for any calendar quarter shall not exceed the amount of the tax imposed by section 3111',
'a of the internal revenue code of 1986 on wages paid with respect to employment of all employees of such',
'employer during such calendar quarter reduced by any credits allowed under subsections e and f of section 3111 of such',
'code for such quarter . b carryforward. if the amount of the credit under paragraph 1 exceeds the limitation of',
'subparagraph a for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a',
'credit under paragraph 1 for such quarter. c coordination with other payroll tax credits. i section 7001 b 3 of',
'the families first coronavirus response act note: 26 usc 3111 note. is amended by inserting , and section 303 d',
'of the taxpayer certainty and disaster tax relief act of 2020, after subsections e and f of section 3111 of',
'such code. page 134 stat. 3077 ii section 7003 b 2 of the families first coronavirus response act is amended',
'by striking and section 7001 of this act, and inserting section 7001 of this act, and section 303 d of',
'the taxpayer certainty and disaster tax relief act of 2020,. iii section 2301 b 2 of the cares act note:',
'ante, p. 347. is amended by striking and sections 7001 and 7003 of the families first coronavirus response act and',
'inserting , sections 7001 and 7003 of the families first coronavirus response act, and section 303 d of the taxpayer',
'certainty and disaster tax relief act of 2020. 4 definitions. a qualified tax exempt organization. for purposes of this subsection,',
'the term qualified tax exempt organization means an organization described in section 501 c of the internal revenue code of',
'1986 and exempt from taxation under section 501 a of such code if such organization would be an eligible employer',
'if the activities of such organization were an active trade or business. b application of certain terms with respect to',
'qualified tax exempt organizations. for purposes of this subsection, the terms eligible employee and qualified wages shall be applied with',
'respect to any qualified tax exempt organization i by treating the activities of such organization as an active trade or',
'business, and ii by substituting wages within the meaning of subsection d 4 c for wages as defined in section',
'51 c 1 of the internal revenue code of 1986, but without regard to section 3306 b 2 b of',
'such code in subsection b 3 . c other terms. except as otherwise provided in this subsection, any term used',
'in this subsection which is also used in chapter 21 or 22 of the internal revenue code of 1986 shall',
'have the same meaning as when used in such chapter. 5 transfers to certain trust funds. there are hereby appropriated',
'to the federal old age and survivors insurance trust fund and the federal disability insurance trust fund established under section',
'201 of the social security act 42 u.s.c. 401 and the social security equivalent benefit account established under section 15a',
'a of the railroad retirement act of 1974 45 u.s.c. 231n 1 a amounts equal to the reduction in revenues',
'to the treasury by reason of this subsection without regard to this paragraph . amounts appropriated by the preceding sentence',
'shall be transferred from the general fund at such times and in such manner as to replicate to the extent',
'possible the transfers which would have occurred to such trust fund or account had this subsection not been enacted. 6',
'note: waiver. determination. treatment of deposits. the secretary shall waive any penalty under section 6656 of such code for any',
'failure to make a deposit of applicable employment taxes if the secretary determines that such failure was due to the',
'anticipation of the credit allowed under this subsection. page 134 stat. 3078 7 third party payors. any credit allowed under',
'this subsection shall be treated as a credit described in section 3511 d 2 of such code. 8 note: determination.',
'coordination with subsection a credit. any wages taken into account in determining the credit allowed under this subsection shall not',
'be take into account as wages for purposes of subsection a . 9 regulations and guidance. the secretary shall issue',
'such forms, instructions, regulations, and guidance as are necessary a to allow the advance payment of the credit under paragraph',
'1 , subject to the limitations provided in this subsection, based on such information as the secretary shall require, b',
'regulations or other guidance to provide for the reconciliation of such advance payment with the amount of the credit under',
'this subsection at the time of filing the return of tax for the applicable quarter or taxable year, c with',
'respect to the application of the credit under paragraph 1 to third party payors including professional employer organizations, certified professional',
'employer organizations, or agents under section 3504 of the internal revenue code of 1986 , including regulations or guidance allowing',
'such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and d',
'note: determination. for recapturing the benefit of credits determined under this subsection in cases where there is a subsequent adjustment',
'to the credit determined under paragraph 1 . e election to not take certain wages into account. 1 in general.',
'this section shall not apply to qualified wages paid by an eligible employer with respect to which such employer makes',
'an election at such time and in such manner as the secretary may prescribe to have this section not apply',
'to such wages. 2 note: consultation. coordination with paycheck protection program. the secretary, in consultation with the administrator of the',
'small business administration, shall issue guidance providing that payroll costs paid or incurred during the covered period shall not fail',
'to be treated as qualified wages under this section by reason of an election under paragraph 1 to the extent',
'that a covered loan of the eligible employer is not forgiven by reason of a decision under section 7a g',
'of the small business act. terms used in the preceding sentence which are also used in section 7a g of',
'such act shall have the same meaning as when used in such section. f certain governmental employers. 1 in general.',
'the credits under this section shall not apply to the government of the united states, the government of any state',
'or political subdivision thereof, or any agency or instrumentality of any of the foregoing. 2 exception. paragraph 1 shall not',
'apply to a any organization described in section 501 c 1 of the internal revenue code of 1986 and exempt',
'from tax under section 501 a of such code, or b any entity described in paragraph 1 if page 134',
'stat. 3079 i such entity is a college or university, or ii the principal purpose or function of such entity',
'is providing medical or hospital care. an entity described in subparagraph b shall be treated for purposes of this section',
'in the same manner as an organization described in section 501 c of the internal revenue code of 1986 and',
'exempt from tax under section 501 a of such code. g amendment to paycheck protection program. section 7a a 12',
'of the small business act as redesignated, transferred, and amended by the economic aid to hard hit small businesses, nonprofits,',
'and venues act and as amended by section 206 c of this division is amended by adding at the end',
'the following: such payroll costs shall not include qualified wages taken into account in determining the credit allowed under subsection',
'a or d of section 303 of the taxpayer certainty and disaster tax relief act of 2020.. sec. 304. other',
'disaster related tax relief provisions. a special rules for qualified disaster relief contributions. 1 note: applicability. in general. in the',
'case of a qualified disaster relief contribution made by a corporation a section 2205 a 2 b of the cares',
'act shall be applied first to qualified contributions without regard to any qualified disaster relief contributions and then separately to',
'such qualified disaster relief contribution, and b in applying such section to such qualified disaster relief contributions, clause i thereof',
'shall be applied i by substituting 100 percent for 25 percent, and ii by treating qualified contributions other than qualified',
'disaster relief contributions as contributions allowed under section 170 b 2 of the internal revenue code of 1986. 2 note:',
'definition. qualified disaster relief contribution. for purposes of this subsection, the term qualified disaster relief contribution means any qualified contribution',
'as defined in section 2205 a 3 of the cares act if a such contribution i note: time period. is',
'paid, during the period beginning on january 1, 2020, and ending on the date which is 60 days after the',
'date of the enactment of this act, and ii is made for relief efforts in one or more qualified disaster',
'areas, b the taxpayer obtains from such organization contemporaneous written acknowledgment within the meaning of section 170 f 8 of',
'such code that such contribution was used or is to be used for relief efforts described in subparagraph a ii',
', and c the taxpayer has elected the application of this subsection with respect to such contribution. 3 cross reference.',
'for the suspension of the limitation on qualified disaster relief contributions made by an individual during 2020, see section 2205',
'a of the cares act. b note: definitions. special rules for qualified disaster related personal casualty losses. page 134 stat.',
'3080 1 in general. if an individual has a net disaster loss for any taxable year a the amount determined',
'under section 165 h 2 a ii of the internal revenue code of 1986 shall be equal to the sum',
'of i such net disaster loss, and ii so much of the excess referred to in the matter preceding clause',
'i of section 165 h 2 a of such code reduced by the amount in clause i of this subparagraph',
'as exceeds 10 percent of the adjusted gross income of the individual, b in the case of qualified disaster related',
'personal casualty losses, section 165 h 1 of such code shall be applied to by substituting $500 for $500 $100',
'for taxable years beginning after december 31, 2009 , c the standard deduction determined under section 63 c of such',
'code shall be increased by the net disaster loss, and d section 56 b 1 e of such code shall',
'not apply to so much of the standard deduction as is attributable to the increase under subparagraph c of this',
'paragraph. 2 net disaster loss. for purposes of this subsection, the term net disaster loss means the excess of qualified',
'disaster related personal casualty losses over personal casualty gains as defined in section 165 h 3 a of the internal',
'revenue code of 1986 . 3 qualified disaster related personal casualty losses. for purposes of this subsection, the term qualified',
'disaster related personal casualty losses means losses described in section 165 c 3 of the internal revenue code of 1986',
'which arise in a qualified disaster area on or after the first day of the incident period of the qualified',
'disaster to which such area relates, and which are attributable to such qualified disaster. sec. 305. low income housing tax',
'credit. a additional low income housing credit allocations. 1 in general. for purposes of section 42 of the internal revenue',
'code of 1986, the state housing credit ceiling for any state for each of calendar years 2021 and 2022 shall',
'be increased by the aggregate housing credit dollar amount allocated by the state housing credit agencies of such state for',
'such calendar year to buildings located in any qualified disaster zone in such state. 2 limitation. a application of aggregate',
'limitation. the increase determined under paragraph 1 with respect to any state shall not exceed i in the case of',
'any such increase determined for calendar year 2021, the applicable dollar limitation for such state, and ii in the case',
'of any such increase determined for calendar year 2022, the applicable dollar limitation for such state reduced by the amount',
'of any increase determined under paragraph 1 with respect to such state for calendar year 2021. page 134 stat. 3081',
'b note: definition. applicable dollar limitation. for purposes of this paragraph, the term applicable dollar limitation means, with respect to',
'any state, the lesser of i the product of $3.50 multiplied by the population of such state as determined for',
'calendar year 2020 which resides in qualified disaster zones in such state, or ii 65 percent of the state housing',
'credit ceiling for such state for calendar year 2020. 3 extension of placed in service deadline for designated housing credit',
'dollar amounts. a note: applicability. in general. in the case of any housing credit dollar amount which is allocated by',
'a state housing credit agency of a state for calendar year 2021 or 2022 to a building located in a',
'qualified disaster zone in such state and which is designated at such time and in such manner as the secretary',
'may provide by such state housing credit agency as housing credit dollar amount to which this paragraph applies, section 42',
'h 1 e of the internal revenue code of 1986 shall be applied i by substituting third calendar year for',
'second calendar year both places it appears, and ii by substituting 2 years for 1 year in clause ii thereof.',
'b application of limitation. the aggregate amount of housing credit dollar amount designated under subparagraph a for any calendar year',
'by all state housing credit agencies of a state shall not exceed the amount determined under paragraph 2 a with',
'respect to such state for such calendar year. 4 allocations treated as made first from additional allocation for purposes of',
'determining carryover. for purposes of determining the unused state housing credit ceiling for any calendar year under section 42 h',
'3 c of the internal revenue code of 1986, any increase in the state housing credit ceiling under paragraph 1',
'shall be treated as an amount described in clause ii of such section. sec. 306. treatment of certain possessions. a',
'payments to possessions with mirror code tax systems. the secretary of the treasury shall pay to each possession of the',
'united states which has a mirror code tax system amounts equal to the loss if any to that possession by',
'reason of the application of the provisions of this title. note: determination. such amounts shall be determined by the secretary',
'of the treasury based on information provided by the government of the respective possession. b payments to other possessions. the',
'secretary of the treasury shall pay to each possession of the united states which does not have a mirror code',
'tax system amounts estimated by the secretary of the treasury as being equal to the aggregate benefits if any that',
'would have been provided to residents of such possession by reason of the provisions of this title if a mirror',
'code tax system had been in effect in such possession. note: plan. the preceding sentence shall not apply unless the',
'respective possession has a plan, which has been approved by the secretary of the treasury, under which such possession will',
'promptly distribute such payments to its residents. page 134 stat. 3082 c note: definition. mirror code tax system. for purposes',
'of this section, the term mirror code tax system means, with respect to any possession of the united states, the',
'income tax system of such possession if the income tax liability of the residents of such possession under such system',
'is determined by reference to the income tax laws of the united states as if such possession were the united',
'states. d treatment of payments. for purposes of section 1324 of title 31, united states code, the payments under this',
'section shall be treated in the same manner as a refund due from a credit provision referred to in subsection',
'b 2 of such section. division ff other matter title i continuing education at affected foreign institutions and modification of',
'certain protections for taxpayer return information sec. 101. continuing education at affected foreign institutions. a in general. section 3510 of',
'the cares act 20 u.s.c. 1001 note is amended 1 in subsection a , by striking for the duration of',
'such emergency and all that follows through the period at the end and inserting for purposes of title iv of',
'the higher education act of 1965 20 u.s.c. 1070 et seq. until the end of the covered period applicable to',
'the institution. ; 2 in subsection b , by striking for the duration of the qualifying emergency and the following',
'payment period for purposes of title iv of the higher education act of 1965 20 u.s.c. 1070 et seq. .',
'and inserting until the end of the covered period applicable to the institution. ; 3 in subsection c , by',
'striking for the duration of the qualifying emergency and the following payment period, and inserting until all covered periods for',
'foreign institutions carrying out a distance education program authorized under this section have ended,; 4 in subsection d a in',
'paragraph 1 i by striking for the duration of a qualifying emergency and the following payment period, and inserting until',
'the end of the covered period applicable to a foreign institution,; and ii by striking allow a foreign institution and',
'inserting allow the foreign institution; b in each of subparagraphs a and b of paragraph 2 , by striking subsection',
'a and inserting paragraph 1 ; c in paragraph 3 b , by striking 30 days and inserting 10 days;',
'and d in paragraph 4 page 134 stat. 3083 i by striking for the duration of the qualifying emergency and',
'the following payment period, and inserting until all covered periods for foreign institutions that entered into written arrangements under paragraph',
'1 have ended,; and ii by striking identifies each foreign institution that entered into a written arrangement under subsection a',
'. and inserting the following: identifies, for each such foreign institution a the name of the foreign institution; b the',
'name of the institution of higher education located in the united states that has entered into a written arrangement with',
'such foreign institution; and c information regarding the nature of such written arrangement, including which coursework or program requirements are',
'accomplished at each respective institution. ; and 5 by adding at the end the following: e definition of covered period.',
'1 in general. in this section, the term covered period, when used with respect to a foreign institution of higher',
'education, means the period a beginning on the first day of i a qualifying emergency; or ii a public health',
'emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the',
'foreign institution is located; and b ending on the later of i subject to paragraph 2 , the last day',
'of the payment period, for purposes of title iv of the higher education act of 1965 20 u.s.c. 1070 et',
'seq. , following the end of any qualifying emergency or any emergency or disaster described in subparagraph a ii applicable',
'to the foreign institution; or ii june 30, 2022. 2 special rule for certain payment periods. for purposes of subparagraph',
'b i , if the following payment period for an award year ends before june 30 of such award year,',
'the covered period shall be extended until june 30 of such award year.. b note: 20 usc 1001 note. effective',
'date. the amendments made by subsection a shall take effect as if included in the enactment of the cares act',
'public law 116 136 . sec. 102. disclosures to identify tax receivables not eligible for collection pursuant to qualified tax',
'collection contracts. a in general. section 1106 of the social security act 42 u.s.c. 1306 is amended by adding at',
'the end the following: g notwithstanding any other provision of this section, the commissioner of social security shall enter into',
'an agreement with the secretary of the treasury under which 1 if the secretary provides the commissioner with the information',
'described in section 6103 k 15 of the internal revenue code of 1986 with respect to any individual, the commissioner',
'shall indicate to the secretary as to whether page 134 stat. 3084 such individual receives disability insurance benefits under section',
'223 or supplemental security income benefits under title xvi including state supplementary payments of the type referred to in section',
'1616 a or payments of the type described in section 212 a of public law 93 66 ; 2 appropriate',
'safeguards are included to assure that the indication described in paragraph 1 will be used solely for the purpose of',
'determining if tax receivables involving such individual are not eligible for collection pursuant to a qualified tax collection contract by',
'reason of section 6306 d 3 e of the internal revenue code of 1986; and 3 the secretary shall pay',
'the commissioner of social security the full costs including systems and administrative costs of providing the indication described in paragraph',
'1 .. b authorization of disclosure by secretary of the treasury. 1 in general. section 6103 k of the internal',
'revenue code of 1986 is amended by adding at the end the following new paragraph: 15 disclosures to social security',
'administration to identify tax receivables not eligible for collection pursuant to qualified tax collection contracts. note: determination. in the case',
'of any individual involved with a tax receivable which the secretary has identified for possible collection pursuant to a qualified',
'tax collection contract as defined in section 6306 b , the secretary may disclose the taxpayer identity and date of',
'birth of such individual to officers, employees, and contractors of the social security administration to determine if such tax receivable',
'is not eligible for collection pursuant to such a qualified tax collection contract by reason of section 6306 d 3',
'e .. 2 conforming amendments related to safeguards. a section 6103 a 3 of such code is amended by striking',
'or 14 and inserting 14 , or 15 . b section 6103 p 4 of such code is amended i',
'by striking k 8 , 10 or 11 both places it appears and inserting k 8 , 10 , 11',
', or 15 , and ii by striking any other person described in subsection k 10 each place it appears',
'and inserting any other person described in subsection k 10 or 15 . c section 7213 a 2 of such',
'code is amended by striking k 10 , 13 , or 14 and inserting k 10 , 13 , 14',
', or 15 . c note: 26 usc 6103 note. effective date. the amendments made by this section shall apply',
'to disclosures made on or after the date of the enactment of this act. sec. 103. modification of certain protections',
'for taxpayer return information. a amendments to the internal revenue code of 1986. 1 in general. subparagraph d of section',
'6103 l 13 of the internal revenue code of 1986 is amended a by inserting at the end of clause',
'iii the following new sentence: under such terms and conditions as may be prescribed by the secretary, after consultation with',
'page 134 stat. 3085 the department of education, an institution of higher education described in subclause i or a state',
'higher education agency described in subclause ii may designate a contractor of such institution or state agency to receive return',
'information on behalf of such institution or state agency to administer aspects of the institutions or state agencys activities for',
'the application, award, and administration of such financial aid., and b by adding at the end the following: iv redisclosure',
'to office of inspector general, independent auditors, and contractors. any return information which is redisclosed under clause iii i may',
'be further disclosed by persons described in subclauses i , ii , or iii of clause iii or persons designated',
'in the last sentence of clause iii to the office of inspector general of the department of education and independent',
'auditors conducting audits of such persons administration of the programs for which the return information was received, and ii may',
'be further disclosed by persons described in subclauses i , ii , or iii of clause iii to contractors of',
'such entities, but only to the extent necessary in carrying out the purposes described in such clause iii . v',
'redisclosure to family members. in addition to the purposes for which information is disclosed and used under subparagraphs a and',
'c , or redisclosed under clause iii , any return information so disclosed or redisclosed may be further disclosed to',
'any individual certified by the secretary of education as having provided approval under paragraph 1 or 2 of section 494',
'a of the higher education act of 1965, as the case may be, for disclosure related to the income contingent',
'or income based repayment plan under subparagraph a or the eligibility for, and amount of, federal student financial aid described',
'in subparagraph c . vi redisclosure of fafsa information. return information received under subparagraph c may be redisclosed in accordance',
'with subsection c of section 494 of the higher education act of 1965 as in effect on the date of',
'enactment of the consolidated appropriations act, 2021 to carry out the purposes specified in such subsection.. 2 conforming amendment. subparagraph',
'f of section 6103 l 13 of such code is amended by inserting , and any redisclosure authorized under clause',
'iii , iv v , or vi of subparagraph d , after or c . 3 confidentiality of return information.',
'a section 6103 a 3 of such code, as amended by section 3516 a 1 of the cares act public',
'law 116 136 , is amended by striking 13 a , 13 b , 13 c , 13 d i',
', and inserting 13 other than subparagraphs d v and d vi thereof ,. page 134 stat. 3086 b section',
'6103 p 3 a of such code, as amended by section 3516 a 2 of such act, is amended by',
'striking 13 a , 13 b , 13 c , 13 d i , and inserting 13 d iv ,',
'13 d v , 13 d vi . 4 note: 26 usc 6103 note. effective date. the amendments made by',
'this subsection shall apply to disclosures made after the date of the enactment of the future act public law 116',
'91 . b amendments to the higher education act of 1965. 1 in general. section 494 of the higher education',
'act of 1965 20 u.s.c. 1098h a is amended a in subsection a 1 i in the matter preceding subparagraph',
'a , by inserting , including return information, after financial information; ii in subparagraph a i in clause i aa',
'by striking subparagraph b , the and inserting the following: subparagraph b i the; and bb by adding at the',
'end the following: ii the return information of such individuals may be redisclosed pursuant to clauses iii , iv ,',
'v , and vi of section 6103 l 13 d of the internal revenue code of 1986, for the relevant',
'purposes described in such section; and; and ii in clause ii , by striking such disclosure and inserting the disclosures',
'described in subclauses i and ii of clause i ; and iii in subparagraph b , by striking disclosure described',
'in subparagraph a i and inserting disclosures described in subclauses i and ii of subparagraph a i ; b in',
'subsection a 2 a ii , by striking affirmatively approve the disclosure described in paragraph 1 a i and agree',
'that such approval shall serve as an ongoing approval of such disclosure until the date on which the individual elects',
'to opt out of such disclosure and inserting affirmatively approve the disclosures described in subclauses i and ii of paragraph',
'1 a i , to the extent applicable, and agree that such approval shall serve as an ongoing approval of',
'such disclosures until the date on which the individual elects to opt out of such disclosures; and c by adding',
'at the end the following: c access to fafsa information. 1 redisclosure of information. the information in a complete, unredacted',
'student aid report including any return information disclosed under section 6103 l 13 of the internal revenue code of 1986',
'26 u.s.c. 6103 l 13 with respect to an application described in subsection a 1 of an applicant for federal',
'student financial aid a upon request for such information by such applicant, shall be provided to such applicant by i',
'the secretary; or ii in a case in which the secretary has requested that institutions of higher education carry out',
'the requirements of this subparagraph, an institution of page 134 stat. 3087 higher education that has received such information; and',
'b with the written consent by the applicant to an institution of higher education, may be provided by such institution',
'of higher education as is necessary to a scholarship granting organization including a tribal organization defined in section 4 of',
'the indian self determination and education assistance act 25 u.s.c. 5304 , or to an organization assisting the applicant in',
'applying for and receiving federal, state, local, or tribal assistance, that is designated by the applicant to assist the applicant',
'in applying for and receiving financial assistance for any component of the applicants cost of attendance defined in section 472',
'at that institution. 2 discussion of information. a discussion of the information in an application described in subsection a 1',
'including any return information disclosed under section 6103 l 13 of the internal revenue code of 1986 26 u.s.c. 6103',
'l 13 of an applicant between an institution of higher education and the applicant may, with the written consent of',
'the applicant, include an individual selected by the applicant such as an advisor to participate in such discussion. 3 restriction',
'on disclosing information. a person receiving information under paragraph 1 b or 2 with respect to an applicant shall not',
'use the information for any purpose other than the express purpose for which consent was granted by the applicant and',
'shall not disclose such information to any other person without the express permission of, or request by, the applicant. 4',
'definitions. in this subsection: a student aid report. the term student aid report has the meaning given the term in',
'section 668.2 of title 34, code of federal regulations or successor regulations . b written consent. the term written consent',
'means a separate, written document that is signed and dated which may include by electronic format by an applicant, which',
'i indicates that the information being disclosed includes return information disclosed under section 6103 l 13 of the internal revenue',
'code of 1986 26 u.s.c. 6103 l 13 with respect to the applicant; ii states the purpose for which the',
'information is being disclosed; and iii states that the information may only be used for the specific purpose and no',
'other purposes. 5 record keeping requirement. an institution of higher education shall a note: time period. keep a record of',
'each written consent made under this subsection for a period of at least 3 years from the date of the',
'students last date of attendance at the institution; and b note: review. make each such record readily available for review',
'by the secretary.. 2 conforming amendment. section 494 a 3 of the higher education act of 1965 20 u.s.c. 1098h',
'a 3 is page 134 stat. 3088 amended by striking paragraph 1 a i both places the term appears and',
'inserting paragraph 1 a i i . sec. 104. note: 20 usc 9622 note. rescheduling of the naep mandated biennial',
'4th and 8th grade assessment and alignment of the mandated quadrennial 12th grade assessment. a current assessment administration rescheduling. notwithstanding',
'any other provision of law and due to the public health emergency declared by the secretary of health and human',
'services under section 319 of the public health service act 42 u.s.c. 247d on january 31, 2020, with respect to',
'covid 19 1 the biennial 4th and 8th grade reading and mathematics assessments scheduled to be conducted during the 2020',
'2021 school year in accordance with paragraphs 2 b and 3 a i of section 303 b of the national',
'assessment of educational progress authorization act 20 u.s.c. 9622 b and, as practicable and subject to the discretion of the',
'national assessment governing board, the trial urban district assessment, shall be conducted during the 2021 2022 school year; and 2',
'the next quadrennial 12th grade reading and mathematics assessments carried out in accordance with section 303 b 2 c of',
'the national assessment of educational progress authorization act 20 u.s.c. 9622 b 2 c after the date of enactment of',
'this section, shall be conducted during the 2023 2024 school year. b future assessment administration. in accordance with section 303',
'b 2 b of the national assessment of educational progress authorization act 20 u.s.c. 9622 b 2 b , the',
'next biennial assessments following the 2021 2022 administration, as authorized under subsection a , shall occur in the 2023 2024',
'school year and, as practicable and subject to the discretion of the national assessment governing board, the next trial urban',
'district assessment following the 2021 2022 administration, as authorized under subsection a , shall occur in the 2023 2024 school',
'year. title ii public lands sec. 201 note: saguaro national park boundary expansion act. 16 usc 410zz note. . saguaro',
'national park boundary expansion. a short title. this section may be cited as the saguaro national park boundary expansion act.',
'b boundary of saguaro national park. section 4 of the saguaro national park establishment act of 1994 public law 103',
'364; 108 stat. 3467 is amended 1 in subsection a a by inserting 1 before the boundaries of the park;',
'and b by adding at the end the following: 2 a the boundaries of the park are further modified to',
'include approximately 1,152 acres, as generally depicted on the map titled saguaro national park proposed boundary adjustment, numbered 151/80,045g, and',
'dated december 2020. b the map referred to in subparagraph a shall be on file and available for inspection in',
'the appropriate offices of the national park service. ; and 2 by striking subsection b 2 and inserting the following',
'new paragraphs: page 134 stat. 3089 2 the secretary may, with the consent of the state of arizona and in',
'accordance with federal and state law, acquire land or interests therein owned by the state of arizona within the boundary',
'of the park. 3 if the secretary is unable to acquire the state land under paragraph 2 , the secretary',
'may enter into an agreement with the state that would allow the national park service to manage state land within',
'the boundary of the park.. sec. 202. new river gorge national park and preserve designation. a note: new river gorge',
'national park and preserve designation act. 16 usc 410eeee. short title. this section may be cited as the new river',
'gorge national park and preserve designation act. b designation of new river gorge national park and new river gorge national',
'preserve, west virginia. 1 redesignation. the new river gorge national river established under section 1101 of the national parks and',
'recreation act of 1978 16 u.s.c. 460m 15 shall be known and designated as the new river gorge national park',
'and preserve, consisting of a the new river gorge national park; and b the new river gorge national preserve. 2',
'new river gorge national park. the boundaries of the new river gorge national park referred to in paragraph 1 a',
'shall be the boundaries depicted as proposed national park area on the map entitled new river gorge national park and',
'preserve proposed boundary, numbered 637/163,199a, and dated september 2020. 3 new river gorge national preserve; boundary. the boundaries of the',
'new river gorge national preserve referred to in paragraph 1 b shall be the boundaries depicted as proposed national preserve',
'area on the map entitled new river gorge national park and preserve proposed boundary, numbered 637/163,199a, and dated september 2020.',
'c administration. 1 in general. the new river gorge national park and preserve shall be administered by the secretary of',
'the interior referred to in this section as the secretary in accordance with a this section; b the laws generally',
'applicable to units of the national park system, including i section 100101 a , chapter 1003, and sections 100751 a',
', 100752, 100753, and 102101 of title 54, united states code; and ii chapter 3201 of title 54, united states',
'code; and c title xi of the national parks and recreation act of 1978 16 u.s.c. 460m 15 et seq.',
', except that the provisions of section 1106 of that act 16 u.s.c. 460m 20 relating to hunting shall not',
'apply to the new river gorge national park. 2 hunting and fishing. a hunting. hunting within the new river gorge',
'national preserve shall be administered by the secretary page 134 stat. 3090 i in the same manner as hunting was',
'administered on the day before the date of enactment of this act in those portions of the new river gorge',
'national river designated as the new river gorge national preserve by subsection b 3 ; and ii in accordance with',
'i section 1106 of the national parks and recreation act of 1978 16 u.s.c. 460m 20 ; and ii other',
'applicable laws. b fishing. fishing within the new river gorge national park and preserve shall be administered by the secretary',
'i in the same manner as fishing was administered within the new river gorge national river on the day before',
'the date of enactment of this act; and ii in accordance with i section 1106 of the national parks and',
'recreation act of 1978 16 u.s.c. 460m 20 ; and ii other applicable laws. c private land. nothing in this',
'section prohibits hunting, fishing, or trapping on private land in accordance with applicable state and federal laws. 3 land acquisition.',
'a additional land for national preserve. i in general. the secretary may acquire land or any interest in land identified',
'as proposed additional lands on the map entitled new river gorge national park and preserve proposed boundary, numbered 637/163,199a, and',
'dated september 2020, by purchase from a willing seller, donation, or exchange. ii boundary modification. on acquisition of any land',
'or interest in land under clause i , the secretary shall i modify the boundary of the new river gorge',
'national preserve to reflect the acquisition; and ii administer the land or interest in land in accordance with the laws',
'applicable to the new river gorge national preserve. b visitor parking. i in general. the secretary may acquire not more',
'than 100 acres of land in the vicinity of the new river gorge national park and preserve by purchase from',
'a willing seller, donation, or exchange to provide for i visitor parking; and ii improved public access to the new',
'river gorge national park and preserve. ii administration. on acquisition of the land under clause i , the acquired land',
'shall be administered as part of the new river gorge national park or the new river gorge national preserve, as',
'appropriate. 4 commercial recreational watercraft services. commercial recreational watercraft services within the new river gorge national park and preserve shall',
'be administered by the secretary in accordance with section 402 of the west page 134 stat. 3091 virginia national interest',
'river conservation act of 1987 16 u.s.c. 460m 15 note; public law 100 534 . 5 references. any reference in',
'a law, map, regulation, document, paper, or other record of the united states to the new river gorge national river',
'shall be considered to be a reference to the new river gorge national park or the new river gorge national',
'preserve, as appropriate. d authorization of appropriations. there are authorized to be appropriated such sums as are necessary to carry',
'out this section. sec. 203. note: miracle mountain designation act. designation of miracle mountain. a short title. this section may',
'be cited as the miracle mountain designation act. b findings. congress finds as follows: 1 on september 13, 2018, the',
'bald mountain fire burned nearly 20,000 acres of land in utah. 2 elk ridge city, located in utah county, was',
'nearly the victim of this fire. 3 suddenly, the fire halted its progression and, instead of burning into elk ridge',
'city, stayed behind the mountain and spared the city. 4 congress, in acknowledgment of this event, believes this mountain holds',
'special significance to the residents of elk ridge city and surrounding communities. 5 the presently unnamed peak has been referred',
'to as miracle mountain by many residents since the fire that nearly went into elk ridge city. c designation. the',
'mountain in the state of utah, located at 39 59 02n, 111 40 12w, shall be known and designated as',
'miracle mountain. d references. any reference in a law, map, regulation, document, record, or other paper of the united states',
'to the mountain described in subsection c shall be considered to be a reference to miracle mountain. title iii foreign',
'relations and department of state provisions subtitle a robert levinson note: robert levinson hostage recovery and hostage taking accountability act.',
'hostage recovery and hostage taking accountability act sec. 301. note: 22 usc 1741 note. short title. this subtitle may be',
'cited as the robert levinson hostage recovery and hostage taking accountability act. sec. 302. note: 22 usc 1741. assistance for',
'united states nationals unlawfully or wrongfully detained abroad. a note: determination. review. the secretary of state shall review the cases',
'of united states nationals detained abroad to determine if there is credible information that they are being detained unlawfully or',
'wrongfully, based on criteria which may include whether 1 united states officials receive or possess credible information indicating innocence of',
'the detained individual; page 134 stat. 3092 2 the individual is being detained solely or substantially because he or she',
'is a united states national; 3 the individual is being detained solely or substantially to influence united states government policy',
'or to secure economic or political concessions from the united states government; 4 the detention appears to be because the',
'individual sought to obtain, exercise, defend, or promote freedom of the press, freedom of religion, or the right to peacefully',
'assemble; 5 the individual is being detained in violation of the laws of the detaining country; 6 independent nongovernmental organizations',
'or journalists have raised legitimate questions about the innocence of the detained individual; 7 the united states mission in the',
'country where the individual is being detained has received credible reports that the detention is a pretext for an illegitimate',
'purpose; 8 the individual is detained in a country where the department of state has determined in its annual human',
'rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering',
'just verdicts; 9 the individual is being detained in inhumane conditions; 10 due process of law has been sufficiently impaired',
'so as to render the detention arbitrary; and 11 united states diplomatic engagement is likely necessary to secure the release',
'of the detained individual. b note: determination. referrals to the special envoy. upon a determination by the secretary of state,',
'based on the totality of the circumstances, that there is credible information that the detention of a united states national',
'abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor,',
'the secretary shall transfer responsibility for such case from the bureau of consular affairs of the department of state to',
'the special envoy for hostage affairs created pursuant to section 303. c report. 1 annual report. a note: determination. in',
'general. the secretary of state shall submit to the appropriate congressional committees an annual report with respect to united states',
'nationals for whom the secretary determines there is credible information of unlawful or wrongful detention abroad. b form. the report',
'required under this paragraph shall be submitted in unclassified form, but may include a classified annex if necessary. 2 composition.',
'the report required under paragraph 1 shall include current estimates of the number of individuals so detained, as well as',
'relevant information about particular cases, such as a the name of the individual, unless the provision of such information is',
'inconsistent with section 552a of title 5, united states code commonly known as the privacy act of 1974 ; b',
'basic facts about the case; c a summary of the information that such individual may be detained unlawfully or wrongfully;',
'page 134 stat. 3093 d a description of specific efforts, legal and diplomatic, taken on behalf of the individual since',
'the last reporting period, including a description of accomplishments and setbacks; and e a description of intended next steps. d',
'resource guidance. 1 note: deadline. establishment. not later than 180 days after the date of the enactment of this act',
'and after consulting with relevant organizations that advocate on behalf of united states nationals detained abroad and the family engagement',
'coordinator established pursuant to section 304 c 2 , the secretary of state shall provide resource guidance in writing for',
'government officials and families of unjustly or wrongfully detained individuals. 2 content. the resource guidance required under paragraph 1 should',
'include a information to help families understand united states policy concerning the release of united states nationals unlawfully or wrongfully',
'held abroad; b contact information for officials in the department of state or other government agencies suited to answer family',
'questions; c relevant information about options available to help families obtain the release of unjustly or wrongfully detained individuals, such',
'as guidance on how families may engage with united states diplomatic and consular channels to ensure prompt and regular access',
'for the detained individual to legal counsel, family members, humane treatment, and other services; d guidance on submitting public or',
'private letters from members of congress or other individuals who may be influential in securing the release of an individual;',
'and e appropriate points of contacts, such as legal resources and counseling services, who have a record of assisting victims',
'families. sec. 303. note: 22 usc 1741a. special envoy for hostage affairs. a note: president. establishment. there shall be a',
'special presidential envoy for hostage affairs, who shall be appointed by the president, by and with the advice and consent',
'of the senate, and shall report to the secretary of state. b rank. the special envoy shall have the rank',
'and status of ambassador. c responsibilities. the special presidential envoy for hostage affairs shall 1 lead diplomatic engagement on united',
'states hostage policy; 2 note: coordination. coordinate all diplomatic engagements and strategy in support of hostage recovery efforts, in coordination',
'with the hostage recovery fusion cell and consistent with policy guidance communicated through the hostage response group; 3 note: coordination.',
'in coordination with the hostage recovery fusion cell as appropriate, coordinate diplomatic engagements regarding cases in which a foreign government',
'has detained a united states national and the united states government regards such detention as unlawful or wrongful; page 134',
'stat. 3094 4 provide senior representation from the special envoys office to the hostage recovery fusion cell established under section',
'304 and the hostage response group established under section 305; and 5 ensure that families of united states nationals unlawfully',
'or wrongly detained abroad receive updated information about developments in cases and government policy. sec. 304. note: 22 usc 1741b.',
'hostage recovery fusion cell. a establishment. the president shall establish an interagency hostage recovery fusion cell. b participation. the president',
'shall direct the heads of each of the following executive departments, agencies, and offices to make available personnel to participate',
'in the hostage recovery fusion cell: 1 the department of state. 2 the department of the treasury. 3 the department',
'of defense. 4 the department of justice. 5 the office of the director of national intelligence. 6 the federal bureau',
'of investigation. 7 the central intelligence agency. 8 other agencies as the president, from time to time, may designate. c',
'personnel. the hostage recovery fusion cell shall include 1 a director, who shall be a full time senior officer or',
'employee of the united states government; 2 a family engagement coordinator who shall a work to ensure that all interactions',
'by executive branch officials with a hostages family occur in a coordinated fashion and that the family receives consistent and',
'accurate information from the united states government; and b if directed, perform the same function as set out in subparagraph',
'a with regard to the family of a united states national who is unlawfully or wrongfully detained abroad; and 3',
'other officers and employees as deemed appropriate by the president. d note: coordination. duties. the hostage recovery fusion cell shall',
'1 coordinate efforts by participating agencies to ensure that all relevant information, expertise, and resources are brought to bear to',
'secure the safe recovery of united states nationals held hostage abroad; 2 if directed, coordinate the united states governments response',
'to other hostage takings occurring abroad in which the united states has a national interest; 3 if directed, coordinate or',
'assist the united states governments response to help secure the release of united states nationals unlawfully or wrongfully detained abroad;',
'and 4 pursuant to policy guidance coordinated through the national security council a identify and recommend hostage recovery options and',
'strategies to the president through the national security council or the deputies committee of the national security council; page 134',
'stat. 3095 b note: coordination. coordinate efforts by participating agencies to ensure that information regarding hostage events, including potential recovery',
'options and engagements with families and external actors including foreign governments , is appropriately shared within the united states government',
'to facilitate a coordinated response to a hostage taking; c note: assessment. assess and track all hostage takings of united',
'states nationals abroad and provide regular reports to the president and congress on the status of such cases and any',
'measures being taken toward the hostages safe recovery; d provide a forum for intelligence sharing and, with the support of',
'the director of national intelligence, coordinate the declassification of relevant information; e coordinate efforts by participating agencies to provide appropriate',
'support and assistance to hostages and their families in a coordinated and consistent manner and to provide families with timely',
'information regarding significant events in their cases; f note: recommenda tions. make recommendations to agencies in order to reduce the',
'likelihood of united states nationals being taken hostage abroad and enhance united states government preparation to maximize the probability of',
'a favorable outcome following a hostage taking; and g note: coordination. coordinate with agencies regarding congressional, media, and other public',
'inquiries pertaining to hostage events. e administration. the hostage recovery fusion cell shall be located within the federal bureau of',
'investigation for administrative purposes. sec. 305. note: 22 usc 1741c. hostage response group. a note: president. coordination. establishment. the president',
'shall establish a hostage response group, chaired by a designated member of the national security council or the deputies committee',
'of the national security council, to be convened on a regular basis, to further the safe recovery of united states',
'nationals held hostage abroad or unlawfully or wrongfully detained abroad, and to be tasked with coordinating the united states government',
'response to other hostage takings occurring abroad in which the united states has a national interest. b membership. the regular',
'members of the hostage response group shall include the director of the hostage recovery fusion cell, the hostage recovery fusion',
'cells family engagement coordinator, the special envoy appointed pursuant to section 303, and representatives from the department of the treasury,',
'the department of defense, the department of justice, the federal bureau of investigation, the office of the director of national',
'intelligence, the central intelligence agency, and other agencies as the president, from time to time, may designate. c duties. the',
'hostage recovery group shall 1 note: recommenda tion. identify and recommend hostage recovery options and strategies to the president through',
'the national security council; page 134 stat. 3096 2 note: coordination. coordinate the development and implementation of united states hostage',
'recovery policies, strategies, and procedures; 3 receive regular updates from the hostage recovery fusion cell and the special envoy for',
'hostage affairs on the status of united states nationals being held hostage or unlawfully or wrongfully detained abroad and measures',
'being taken to effect safe recoveries; 4 note: coordination. coordinate the provision of policy guidance to the hostage recovery fusion',
'cell, including reviewing recovery options proposed by the hostage recovery fusion cell and working to resolve disputes within the hostage',
'recovery fusion cell; 5 as appropriate, direct the use of resources at the hostage recovery fusion cell to coordinate or',
'assist in the safe recovery of united states nationals unlawfully or wrongfully detained abroad; and 6 as appropriate, direct the',
'use of resources at the hostage recovery fusion cell to coordinate the united states government response to other hostage takings',
'occurring abroad in which the united states has a national interest. d meetings. the hostage response group shall meet regularly.',
'e reporting. the hostage response group shall regularly provide recommendations on hostage recovery options and strategies to the national security',
'council. sec. 306. note: 22 usc 1741d. authorization of imposition of sanctions. a note: president. determination. in general. the president',
'may impose the sanctions described in subsection b with respect to any foreign person the president determines, based on credible',
'evidence 1 is responsible for or is complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage taking',
'of a united states national abroad or the unlawful or wrongful detention of a united states national abroad; or 2',
'knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in paragraph',
'1 . b sanctions described. the sanctions described in this subsection are the following: 1 ineligibility for visas, admission, or',
'parole. a visas, admission, or parole. an alien described in subsection a may be i inadmissible to the united states;',
'ii ineligible to receive a visa or other documentation to enter the united states; and iii otherwise ineligible to be',
'admitted or paroled into the united states or to receive any other benefit under the immigration and nationality act 8',
'u.s.c. 1101 et seq. . b current visas revoked. i in general. an alien described in subsection a may be',
'subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is',
'or was issued. ii immediate effect. a revocation under clause i may i take effect immediately; and page 134 stat.',
'3097 ii cancel any other valid visa or entry documentation that is in the aliens possession. 2 blocking of property.',
'a note: president. in general. the president may exercise all of the powers granted to the president under the international',
'emergency economic powers act 50 u.s.c. 1701 et seq. , to the extent necessary to block and prohibit all transactions',
'in property and interests in property of a foreign person described in subsection a if such property and interests in',
'property are in the united states, come within the united states, or are or come within the possession or control',
'of a united states person. b inapplicability of national emergency requirement. the requirements of section 202 of the international emergency',
'economic powers act 50 u.s.c. 1701 shall not apply for purposes of this section. c exceptions. 1 exception for intelligence',
'activities. sanctions under this section shall not apply to any activity subject to the reporting requirements under title v of',
'the national security act of 1947 50 u.s.c. 3091 et seq. or any authorized intelligence activities of the united states.',
'2 exception to comply with international obligations and for law enforcement activities. sanctions under subsection b 1 shall not apply',
'with respect to an alien if admitting or paroling the alien into the united states is necessary a to permit',
'the united states to comply with the agreement regarding the headquarters of the united nations, signed at lake success june',
'26, 1947, and entered into force november 21, 1947, between the united nations and the united states, or other applicable',
'international obligations; or b to carry out or assist law enforcement activity in the united states. d penalties. a person',
'that violates, attempts to violate, conspires to violate, or causes a violation of subsection b 2 or any regulation, license,',
'or order issued to carry out that subsection shall be subject to the penalties set forth in subsections b and',
'c of section 206 of the international emergency economic powers act 50 u.s.c. 1705 to the same extent as a',
'person that commits an unlawful act described in subsection a of that section. e note: president. determination. termination of sanctions.',
'the president may terminate the application of sanctions under this section with respect to a person if the president determines',
'that 1 information exists that the person did not engage in the activity for which sanctions were imposed; 2 the',
'person has been prosecuted appropriately for the activity for which sanctions were imposed; 3 the person has credibly demonstrated a',
'significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly',
'committed to not engage in an activity described in subsection a in the future; or 4 the termination of the',
'sanctions is in the national security interests of the united states. page 134 stat. 3098 f note: president. reporting requirement.',
'if the president terminates sanctions pursuant to subsection d , the president shall report to the appropriate congressional committees a',
'written justification for such termination within 15 days. g note: president. implementation of regulatory authority. the president may exercise all',
'authorities provided under sections 203 and 205 of the international emergency economic powers act 50 u.s.c. 1702 and 1704 to',
'carry out this section. h exception relating to importation of goods. 1 in general. the authorities and requirements to impose',
'sanctions authorized under this subtitle shall not include the authority or a requirement to impose sanctions on the importation of',
'goods. 2 good defined. in this paragraph, the term good means any article, natural or manmade substance, material, supply or',
'manufactured product, including inspection and test equipment, and excluding technical data. i definitions. in this section: 1 foreign person. the',
'term foreign person means a any citizen or national of a foreign country including any such individual who is also',
'a citizen or national of the united states ; or b any entity not organized solely under the laws of',
'the united states or existing solely in the united states. 2 united states person. the term united states person means',
'a an individual who is a united states citizen or an alien lawfully admitted for permanent residence to the united',
'states; b an entity organized under the laws of the united states or any jurisdiction within the united states, including',
'a foreign branch of such an entity; or c any person in the united states. sec. 307. note: 22 usc',
'1741e. definitions. in this act: 1 appropriate congressional committees. the term appropriate congressional committees means a the committee on foreign',
'relations, the committee on appropriations, the committee on banking, housing, and urban affairs, the committee on the judiciary, the committee',
'on armed services, and the select committee on intelligence of the united states senate; and b the committee on foreign',
'affairs, the committee on appropriations, the committee on financial services, the committee on the judiciary, the committee on armed services,',
'and the permanent select committee on intelligence of the house of representatives. 2 united states national. the term united states',
'national means a a united states national as defined in section 101 a 22 or section 308 of the immigration',
'and nationality act 8 u.s.c. 1101 a 22 , 8 u.s.c. 1408 ; and b a lawful permanent resident alien',
'with significant ties to the united states. page 134 stat. 3099 sec. 308. note: 22 usc 1741f. rule of construction.',
'nothing in this act may be construed to authorize a private right of action. subtitle b taiwan note: taiwan assurance',
'act of 2020. assurance act of 2020 sec. 311. note: 22 usc 3301 note. short title. this subtitle may be',
'cited as the taiwan assurance act of 2020. sec. 312. findings. congress makes the following findings: 1 april 10, 2019,',
'marked the 40th anniversary of the taiwan relations act of 1979 public law 96 8 . 2 since 1949, the',
'close relationship between the united states and taiwan has benefitted both parties and the broader indo pacific region. 3 the',
'security of taiwan and its democracy are key elements of continued peace and stability of the greater indo pacific region,',
'which is in the political, security, and economic interests of the united states. 4 the peoples republic of china is',
'currently engaged in a comprehensive military modernization campaign to enhance the power projection capabilities of the peoples liberation army and',
'its ability to conduct joint operations, which is shifting the military balance of power across the taiwan strait. 5 taiwan',
'and its diplomatic partners continue to face sustained pressure and coercion from the peoples republic of china, which seeks to',
'isolate taiwan from the international community. 6 it is the policy of the united states to reinforce its commitments to',
'taiwan under the taiwan relations act in a manner consistent with the six assurances and in accordance with the united',
'states one china policy. 7 in the taiwan travel act, which became law on march 16, 2018, congress observed that',
'the self imposed restrictions that the united states maintains on high level visits between the united states and taiwan have',
'resulted in insufficient high level communication. sec. 313. sense of congress. it is the sense of congress that 1 taiwan',
'is a vital part of the united states free and open indo pacific strategy; 2 the united states government a',
'supports taiwans continued pursuit of asymmetric capabilities and concepts; and b urges taiwan to increase its defense spending in order',
'to fully resource its defense strategy; and 3 the united states should conduct regular sales and transfers of defense articles',
'to taiwan in order to enhance its self defense capabilities, particularly its efforts to develop and integrate asymmetric capabilities, including',
'undersea warfare and air defense capabilities, into its military forces. page 134 stat. 3100 sec. 314. note: 22 usc 3301',
'note. taiwans inclusion in international organizations. a sense of congress. it is the sense of congress that the peoples republic',
'of chinas attempts to dictate the terms of taiwans participation in international organizations, has, in many cases, resulted in taiwans',
'exclusion from such organizations even when statehood is not a requirement, and that such exclusion 1 is detrimental to global',
'health, civilian air safety, and efforts to counter transnational crime; 2 negatively impacts the safety and security of citizens globally;',
'and 3 negatively impacts the security of taiwan and its democracy. b statement of policy. it is the policy of',
'the united states to advocate for taiwans meaningful participation in the united nations, the world health assembly, the international civil',
'aviation organization, the international criminal police organization, and other international bodies, as appropriate, and to advocate for taiwans membership in',
'the food and agriculture organization, the united nations educational, scientific and cultural organization, and other international organizations for which statehood',
'is not a requirement for membership. sec. 315. review of department of state taiwan guidelines. a note: deadline. in general.',
'not later than 180 days after the date of the enactment of this act, the secretary of state shall conduct',
'a review of the department of states guidance that governs relations with taiwan, including the periodic memorandum entitled guidelines on',
'relations with taiwan and related documents, and reissue such guidance to executive branch departments and agencies. b sense of congress.',
'it is the sense of congress that the department of states guidance regarding relations with taiwan 1 should be crafted',
'with the intent to deepen and expand united states taiwan relations, and be based on the value, merits, and importance',
'of the united states taiwan relationship; 2 should be crafted giving due consideration to the fact that taiwan is governed',
'by a representative democratic government that is peacefully constituted through free and fair elections that reflect the will of the',
'people of taiwan, and that taiwan is a free and open society that respects universal human rights and democratic values;',
'and 3 should ensure that the conduct of relations with taiwan reflects the longstanding, comprehensive, and values based relationship the',
'united states shares with taiwan, and contribute to the peaceful resolution of cross strait issues. c reporting requirements. not later',
'than 180 days after the date of the enactment of this act, 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',
'that includes a description of 1 the results of the review pursuant to subsection a of the department of states',
'guidance on relations with taiwan, including a copy of the reissued guidelines of relations with taiwan memorandum; and page 134',
'stat. 3101 2 the implementation of the taiwan travel act public law 115 135 and any changes to guidance on',
'relations with taiwan that are the result of such implementation. subtitle c support note: belarus democracy, human rights, and sovereignty',
'act of 2020. for human rights in belarus sec. 321. note: 22 usc 5801 note. short title. this subtitle may',
'be cited as the belarus democracy, human rights, and sovereignty act of 2020. sec. 322. findings. section 2 of the',
'belarus democracy act of 2004 public law 109 480; 22 u.s.c. 5811 note is amended to read as follows: sec.',
'2. findings. congress finds the following: 1 the international covenant on civil and political rights, done at new york december',
'19, 1966, was ratified by belarus in 1973, guaranteeing belarusians the freedom of expression and the freedom of association. 2',
'alyaksandr lukashenka has ruled belarus as an undemocratic dictatorship since the first presidential election in belarus in 1994. 3 subsequent',
'presidential elections in belarus have been neither free nor fair and have been rejected by the international community as not',
'meeting minimal electoral standards, with the jailing of opposition activists frequently used as a tool of government repression before and',
'after the elections. 4 in response to the repression and violence during the 2006 presidential election, congress passed the belarus',
'democracy reauthorization act of 2006 public law 109 480 . 5 in 2006, president george w. bush issued executive order',
'13405, titled blocking property of certain persons undermining democratic processes or institutions in belarus, which authorized the imposition of sanctions',
'against persons responsible for a undermining democratic processes in belarus; or b participating in human rights abuses related to political',
'repression in belarus. 6 in march 2011, the senate unanimously passed senate resolution 105, which a condemned the december 2010',
'election in belarus as illegitimate, fraudulent, and not representative of the will or the aspirations of the voters in belarus;',
'and b called on the lukashenka regime to immediately and unconditionally release all political prisoners in belarus who were arrested',
'in association with the december 19, 2010, election. 7 the government of belarus, led illegally by alyaksandr lukashenka, continues to',
'engage in a pattern of clear and persistent violations of human rights and fundamental freedoms. 8 the government of belarus,',
'led illegally by alyaksandr lukashenka, continues to engage in a pattern of clear and page 134 stat. 3102 uncorrected violations',
'of basic principles of democratic governance, including through a series of fundamentally flawed presidential and parliamentary elections undermining the legitimacy',
'of executive and legislative authority in that country. 9 the government of belarus, led illegally by alyaksandr lukashenka, continues to',
'subject thousands of pro democracy political activists and peaceful protesters to harassment, beatings, and imprisonment, particularly as a result of',
'their attempts to peacefully exercise their right to freedom of assembly and association. 10 the government of belarus, led illegally',
'by alyaksandr lukashenka, continues to suppress independent media and journalists and to restrict access to the internet, including social media',
'and other digital communication platforms, in violation of the right to freedom of speech and expression of those dissenting from',
'the dictatorship of alyaksandr lukashenka. 11 the government of belarus, led illegally by alyaksandr lukashenka, continues a systematic campaign of',
'harassment, repression, and closure of nongovernmental organizations, including independent trade unions and entrepreneurs, creating a climate of fear that inhibits',
'the development of civil society and social solidarity. 12 the government of belarus, led illegally by alyaksandr lukashenka, has pursued',
'a policy undermining the countrys sovereignty and independence by making belarus political, economic, cultural, and societal interests subservient to those',
'of russia. 13 the government of belarus, led illegally by alyaksandr lukashenka, continues to reduce the independence of belarus through',
'integration into a so called union state that is under the control of russia. 14 in advance of the august',
'2020 presidential elections in belarus, authorities acting on behalf of president lukashenka arrested journalists, bloggers, political activists, and opposition leaders,',
'including 3 leading presidential candidates syarhey tsikhanouski, mikalay statkevich, and viktar babaryka , who were barred from running in the',
'election by the central election commission of the republic of belarus. 15 while the 3 opposition candidates were imprisoned, 2',
'of their wives and 1 of their campaign managers sviatlana tsikhanouskaya, veranika tsepkala, and maria kalesnikava joined together and ran',
'in place of the candidates. 16 thousands of belarusian people demonstrated their support for these candidates by attending rallies, including',
'1 rally that included an estimated 63,000 participants. 17 on august, 5, 2020, the senate unanimously passed senate resolution 658,',
'which calls for a free, fair, and transparent presidential election in belarus, including the unimpeded participation of all presidential candidates.',
'18 on august 9, 2020, the government of belarus conducted a presidential election that a was held under undemocratic conditions',
'that did not meet international standards; b involved government malfeasance and serious irregularities with ballot counting and the reporting of',
'election results, including page 134 stat. 3103 i early voting ballot stuffing; ii ballot burning; iii pressuring poll workers; and',
'iv removing bags full of ballots by climbing out of windows; c included restrictive measures that impeded the work of',
'local independent observers and did not provide sufficient notice to the osce to allow for the osce to monitor the',
'elections, as is customary. 19 incumbent president alyaksandr lukashenka declared a landslide victory in the election and claimed to have',
'received more than 80 percent of the votes cast in the election. 20 the leading opposition candidate, sviatlana tsikhanouskaya a',
'formally disputed the governments reported election results; b explained that her staff had examined the election results from more than',
'50 polling places; and c found that her share of the vote exceeded lukashenkas share by many times. 21 on',
'august 10, 2020, sviatlana tsikhanouskaya was detained while attending a meeting with the central election commission of the republic of',
'belarus and forced to flee to lithuania under pressure from government authorities. 22 on august 11, 2020, lithuanian foreign minister',
'linas linkevicius announced that sviatlana tsikhanouskaya was safe in lithuania and has continued to be one of the strongest voices',
'supporting the pro democracy movement in belarus within the european union and globally. 23 on august 18, 2020, sviatlana tsikhanouskaya',
'announced the formation of a coordination council to oversee a resolution to the crisis in belarus and a peaceful transition',
'of power by subjecting the councils senior members to violence, detention, and forced exile. the government of belarus, led illegally',
'by alyaksandr lukashenka, has sought to stop the work of the coordination council. 24 before the european parliament on august',
'25, 2020, sviatlana tsikhanouskaya stressed that a peaceful revolution was underway in belarus, and that it is neither a pro',
'russian nor anti russian revolution. it is neither an anti european union nor a pro european union revolution. it is',
'a democratic revolution.. 25 on or around september 6, 2020, opposition leader maria kalesnikava and members of the coordination council,',
'including anton ronenkov, ivan kravtsov, and maxim bogretsov, were detained by authorities who sought to forcibly expel them to ukraine.',
'ms. kalesnikava tore up her passport at the ukrainian border in a successful effort to prevent this expulsion, subsequently disappeared,',
'and was discovered in a minsk prison on september 9, 2020. 26 on august 11, 2020, the european union high',
'representative for foreign and security policy, josep borrell, issued a declaration on the presidential election in belarus stating that the',
'elections were neither free nor fair. page 134 stat. 3104 27 on august 28, 2020, united states deputy secretary of',
'state stephen biegun declared that the august 9th election in belarus was fraudulent. 28 following alyaksandr lukashenkas september 23, 2020,',
'secret inauguration, the united states, the european union, numerous european union member states, the united kingdom, and canada announced that',
'they did not recognize mr. lukashenka as the legitimately elected leader of belarus. 29 since the sham election on august',
'9, 2020, tens of thousands of belarusian citizens have participated in daily peaceful protests calling for a new, free, and',
'fair election, and the release of political prisoners. 30 according to amnesty international, on august 30, 2020, belarusians held one',
'of the largest protest rallies in the countrys modern history in minsk and in other cities, which was attended by',
'at least 100,000 people who demanded the resignation of president lukashenka and an investigation into the human rights violations in',
'belarus. 31 women have served as the leading force in demonstrations across the country, protesting the police brutality and mass',
'detentions by wearing white, carrying flowers, forming solidarity chains, and unmasking undercover police trying to arrest demonstrators. 32 the government',
'of belarus has responded to the peaceful opposition protests, which are the largest in belarus history, with a violent crackdown,',
'including, according to the united nations special rapporteur, the detention by government authorities of more than 10,000 peaceful protestors as',
'of september 18, 2020, mostly for taking part in or observing peaceful protests, with many of these arrests followed by',
'beatings and torture at the hands of belarusian law enforcement. 33 according to the viasna human rights centre, at least',
'450 detainees have reported being tortured or otherwise ill treated while held in incommunicado detention for up to 10 days,',
'including through a severe beatings; b forced performance of humiliating acts; and c sexual violence and other forms of violence.',
'34 at least 4 belarusians have been killed at protests, and dozens of belarusians who were detained during the protests',
'are still missing. 35 the belarus ministry of defense threatened to send the army to confront protestors, warning that in',
'case of any violation of peace and order in areas around national monuments, you will have the army to deal',
'with now, not the police. 36 the government of belarus, led illegally by alyaksandr lukashenka, has consistently restricted the free',
'flow of information to silence the opposition and to conceal the regimes violent crackdown on peaceful protestors, including by a',
'stripping the accreditation of journalists from major foreign news outlets; b detaining and harassing countless journalists. c arresting dozens of',
'journalists, 6 of whom report for radio free europe/radio liberty; page 134 stat. 3105 d halting the publishing of 2',
'independent newspapers; and e disrupting internet access; f blocking more than 50 news websites that were covering the protests; and',
'g limiting access to social media and other digital communication platforms. 37 internet access in belarus has been repeatedly disrupted',
'and restricted since august 9, 2020, which independent experts and monitoring groups have attributed to government interference. 38 thousands of',
'employees at belarusian state owned enterprises, who have been seen as alyaksandr lukashenkas traditional base during his 26 year rule,',
'went on strike across the country to protest lukashenkas illegitimate election and the subsequent crackdowns, including at some of belaruss',
'largest factories such as the belaz truck plant, the minsk tractor works, and the minsk automobile plant. 39 after the',
'employees of state media outlets walked off the job in protest rather than help report misleading government propaganda, lukashenka confirmed',
'that he asked the russians to send teams of russian journalists to replace local employees. 40 on august 19, 2020,',
'european council president charles michel announced that the european union would impose sanctions on a substantial number of individuals responsible',
'for violence, repression, and election fraud in belarus. 41 on october 2, 2020, the department of treasury announced new sanctions',
'under executive order 13405 on eight individuals for their roles in the fraudulent august 9, 2020 belarus presidential election or',
'the subsequent violent crackdown on peaceful protesters. 42 similar sanctions have also been applied to belarusian human rights violators by',
'the government of canada and the government of the united kingdom. 43 against the will of the majority of the',
'belarusian people a alyaksandr lukashenka appealed to russian president vladimir putin to provide security assistance to his government, if requested;',
'and b president putin has agreed to prop up the alyaksandr lukashenka regime by i confirming that a russian police',
'force was ready to be deployed if the situation gets out of control; ii providing significant financial support; and iii',
'sending russian propagandists to help disseminate pro regime propaganda on belarus state television. 44 the governments of the united states,',
'the european union, the united kingdom, and canada have a condemned the violent crackdown on peaceful protestors; b refused to',
'accept the results of the fraudulent election; and c called for new free and fair elections under independent observation.. page',
'134 stat. 3106 sec. 323. statement of policy. section 3 of the belarus democracy act of 2004 public law 109',
'480; 22 u.s.c. 5811 note is amended to read as follows: sec. 3. statement of policy. it is the policy',
'of the united states 1 to condemn a the conduct of the august 9, 2020, presidential election in belarus, which',
'was neither free nor fair; b the belarusian authorities unrelenting crackdown on, arbitrary arrests of, and violence against opposition candidates,',
'peaceful protestors, human rights activists, employees from state owned enterprises participating in strikes, independent election observers, and independent journalists and',
'bloggers; and c the unjustified detention and forced or attempted expulsion of members of the coordination council in belarus; 2',
'to continue demanding the immediate release without preconditions of all political prisoners in belarus and those arrested for peacefully protesting,',
'including all those individuals detained in connection with the august 9, 2020, presidential election; 3 to stand in solidarity with',
'the people of belarus, including human rights defenders, bloggers, and journalists, who are exercising their right to freedom of assembly,',
'freedom of expression, and rule of law and to continue supporting the aspirations of the people of belarus for democracy,',
'human rights, and the rule of law; 4 to continue actively supporting the aspirations of the people of the republic',
'of belarus a to preserve the independence and sovereignty of their country; and b to freely exercise their religion, including',
'the head of the catholic church in belarus, archbishop tadeusz kondrusiewicz, who was barred from entering the country after criticizing',
'belarusian authorities; 5 to recognize the leading role of women in the peaceful protests and pro democracy movement in belarus;',
'6 to continue a rejecting the invalid results of the fraudulent august 9, 2020 presidential election in belarus announced by',
'the central election commission of the republic of belarus; and b supporting calls for new presidential and parliamentary elections, conducted',
'in a manner that is free and fair according to osce standards and under the supervision of osce observers and',
'independent domestic observers; 7 note: alyaksandr lukashenka. to refuse to recognize alyaksandr lukashenka as the legitimately elected leader of belarus;',
'8 to not recognize any incorporation of belarus into a union state with russia, since this so called union state',
'would be both an attempt to absorb belarus and a step to reconstituting the totalitarian soviet union; 9 to continue',
'calling for the fulfillment by the government of belarus of belaruss freely undertaken obligations as page 134 stat. 3107 an',
'osce participating state and as a signatory of the charter of the united nations; 10 to support an osce role',
'in mediating a dialogue within belarus between the government and genuine representatives of belarusian society; 11 to recognize the coordination',
'council as a legitimate institution to participate in a dialogue on a peaceful transition of power; 12 to applaud the',
'commitment by foreign diplomats in minsk to engage with coordination council member and nobel laureate, svetlana alexievich, and to encourage',
'an ongoing dialogue with her and with other leaders of the democratically oriented political opposition in belarus; 13 to urge',
'an expanded united states diplomatic presence in belarus to advocate for the aspirations of the people of belarus for democracy,',
'human rights, and the rule of law; 14 to encourage the united states government a to continue working closely with',
'the european union, the united kingdom, canada, and other countries and international organizations to promote the principles of democracy, the',
'rule of law, and human rights in belarus; and b note: coordination. to impose targeted sanctions, in coordination with the',
'european union and other international partners, against officials in belarus who are responsible for i undermining democratic processes in belarus;',
'or ii participating in human rights abuses related to political repression in belarus; 15 to call on the government of',
'belarus to uphold its human rights obligations, including those rights enumerated in the international covenant on civil and political rights;',
'and 16 to support a the continued territorial integrity of belarus; and b the right of the belarusian people to',
'determine their future.. sec. 324. assistance to promote democracy, civil society, and sovereignty in belarus. section 4 of the belarus',
'democracy act of 2004 public law 109 480; 22 u.s.c. 5811 note is amended 1 by amending the section heading',
'to read as follows: sup assistance to promote democracy, civil society, and sovereignty in belarus /sup . ; 2 in',
'subsection a a in paragraph 1 , by striking european and inserting trans atlantic; and b by redesignating paragraphs 2',
'and 3 as paragraphs 3 and 4 , respectively; and c by inserting after paragraph 1 the following: 2 to',
'assist the people of belarus in building the sovereignty and independence of their country. ; 3 in subsection b a',
'by inserting and belarusian groups outside of belarus after indigenous belarusian groups; and b by inserting and belarusian sovereignty before',
'the period at the end; page 134 stat. 3108 4 in subsection c a by striking paragraph 8 ; b',
'by redesignating paragraphs 3 through 7 as paragraphs 4 through 8 , respectively; c by inserting after paragraph 2 the',
'following: 3 countering internet censorship and repressive surveillance technology that seek to limit free association, control access to information, and',
'prevent citizens from exercising their rights to free speech;; d in paragraph 8 , as redesignated, by striking and at',
'the end; and e by adding at the end the following: 9 supporting the work of women advocating freedom, human',
'rights, and human progress; 10 supporting the development of belarusian language education; 11 enhancing the development of the private sector,',
'particularly the information technology sector, and its role in the economy of belarus, including by increasing the capacity of private',
'sector actors, developing business support organizations, offering entrepreneurship training, and expanding access to finance for small and medium enterprises; 12',
'supporting political refugees in neighboring european countries fleeing the crackdown in belarus; 13 supporting the gathering of evidence on and',
'investigating of the human rights abuses in belarus; 14 supporting the public health response, including filling the information void, in',
'belarus during the covid 19 pandemic; and 15 other activities consistent with the purposes of this act. ; 5 by',
'redesignating subsection d as subsection g ; 6 by inserting after subsection c the following: d sense of congress. it',
'is the sense of congress that, in light of the political crisis in belarus and the unprecedented mobilization of the',
'belarusian people, united states foreign assistance to belarusian civil society should be reevaluated and increased 1 to carry out the',
'purposes described in subsection a ; and 2 to include the activities described in subsection c . e coordination with',
'european partners. in order to maximize impact, eliminate duplication, and further the achievement of the purposes described in subsection a',
', the secretary of state shall ensure coordination with the european union and its institutions, the governments of countries that',
'are members of the european union, the united kingdom, and canada. f report on assistance. not later than 1 year',
'after the date of the enactment of the belarus democracy, human rights, and sovereignty act of 2020, the secretary of',
'state, acting through the office of the coordinator of u.s. assistance to europe and eurasia, and in coordination with the',
'administrator of the united states agency for international development, shall submit a report to the appropriate congressional committees describing the',
'programs and activities carried out to achieve the purposes described in subsection a , including an assessment of whether or',
'not progress was made in achieving those purposes. ; and page 134 stat. 3109 7 in subsection g , as',
'redesignated a in the subsection heading, by striking authorization of appropriations and all that follows through there are and inserting',
'authorization of appropriations. there are; b by striking fiscal years 2007 and 2008 and inserting fiscal years 2021 and 2022;',
'and c by striking paragraph 2 . sec. 325. international broadcasting, internet freedom, and access to information in belarus. section',
'5 of the belarus democracy act of 2004 public law 109 480; 22 u.s.c. 5811 note is amended to read',
'as follows: sec. 5. international broadcasting, internet freedom, and access to information in belarus. a sense of congress. it is',
'the sense of congress that 1 note: president. the president should support and reallocate resources to radio, television, and internet',
'broadcasting conducted by radio free europe/radio liberty in languages spoken in belarus; 2 the united states should also support other',
'independent media providing objective information to the belarusian people, particularly in the belarusian language; 3 note: president. the president should',
'provide the united states agency for global media with a surge capacity as such term is defined in section 316',
'of the united states international broadcasting act 22 u.s.c. 6216 for programs and activities in belarus; 4 the chief executive',
'officer of the united states agency for global media, working through the open technology fund and in coordination with the',
'secretary of state, should expand and prioritize efforts to provide anti censorship technology and services to journalists and civil society',
'in belarus in order to enhance their ability to safely access or share digital news and information without fear of',
'repercussions or surveillance; and 5 the united states should continue to condemn the belarusian authorities crackdown on independent media, including',
'the harassment and mass detentions of independent and foreign journalists and the denial of accreditation. b strategy to promote expanded',
'broadcasting, internet freedom, and access to information in belarus. 1 note: deadline. in general. not later than 120 days after',
'the date of the enactment of the belarus democracy, human rights, and sovereignty act of 2020, the chief executive officer',
'of the united states agency for global media and the secretary of state shall jointly submit to the appropriate congressional',
'committees a comprehensive strategy, including a cost estimate, to carry out the following: a expand independent radio, television, live stream,',
'and social network broadcasting and communications in belarus to provide news and information, particularly in the belarusian language, that is',
'credible, comprehensive, and accurate. b support the development and use of anti censorship and circumvention technologies by the open technology',
'fund and the bureau of democracy human rights page 134 stat. 3110 and labor that enable the citizens of belarus',
'to communicate securely and undertake internet activities without interference from the government of belarus. c assist efforts to overcome attempts',
'by the government of belarus to disrupt internet access and block content online. d monitor the cooperation of the government',
'of belarus with any foreign government or organization for purposes related to the censorship or surveillance of the internet, including',
'an assessment of any such cooperation in the preceding ten years. e monitor the purchase or receipt by the government',
'of belarus of any technology or training from any foreign government or organization for purposes related to the censorship or',
'surveillance of the internet, including an assessment of any such purchase or receipt in the preceding ten years. f assist',
'with the protection of journalists who have been targeted for free speech activities, including through the denial of accreditation. g',
'provide cyber attack mitigation services to civil society organizations in belarus. h provide resources for educational materials and training on',
'digital literacy, bypassing internet censorship, digital safety, and investigative and analytical journalism for independent journalists working in belarus. i build',
'the capacity of civil society, media, and other nongovernmental and organizations to identify, track, and counter disinformation, including from proxies',
'of the government of russia working at belarusian state television. 2 form. the report required under paragraph 1 shall be',
'transmitted in unclassified form, but may contain a classified annex.. sec. 326. sanctions against the government of belarus. section 6',
'of the belarus democracy act of 2004 public law 109 480; 22 u.s.c. 5811 note is amended 1 in subsection',
'b a by striking december 19, 2010 each place it appears and inserting august 9, 2020; b in paragraph 2',
', by inserting , peaceful protesters, after all opposition activists; c by striking paragraphs 3 and 6 ; and d',
'by redesignating paragraphs 4 , 5 , and 7 as paragraphs 3 , 4 , and 5 , respectively; 2',
'in subsection c a in the subsection heading, by inserting and russian individuals complicit in the crackdown that occurred after',
'the august 9, 2020, election after belarus; b by redesignating paragraphs 4 and 5 as paragraphs 5 and 6 ,',
'respectively; c by inserting after paragraph 3 the following: 4 is a member of the central election commission of belarus',
'or assisted the commission in manipulating the presidential election of august 9, 2020;; page 134 stat. 3111 d in paragraph',
'5 , as redesignated, to read as follows: 5 is a member of any branch of the security or law',
'enforcement services of belarus, including the kgb, interior ministry, and omon special police unit, and is responsible for, or complicit',
'in, ordering, controlling, materially assisting, sponsoring, or providing financial, material, or technological support for, or otherwise directing, the crackdown on',
'opposition leaders, journalists, and peaceful protestors that occurred in connection with the presidential election of august 9, 2020; or; and',
'e by adding at the end the following: 7 is a government official, including at the information ministry, responsible for',
'the crackdown on independent media, including revoking the accreditation of journalists, disrupting internet access, and restricting online content; 8 is',
'an official in the so called union state between russia and belarus regardless of nationality of the individual ; or',
'9 is a russian individual that has significantly participated in the crackdown on independent press or human rights abuses related',
'to political repression in belarus, including the russian propagandists sent to replace local employees at belarusian state media outlets. ;',
'3 in subsection d 1 , by striking the overseas private investment corporation and inserting the united states international development',
'finance corporation; 4 in subsection e , by striking including any technical assistance or grant of any kind; and 5',
'in subsection f a in paragraph 1 a , by striking or by any member or family member closely linked',
'to any member of the senior leadership of the government of belarus and inserting or by the senior leadership of',
'the government of belarus or by any member or family member closely linked to the senior leadership of the government',
'of belarus, or an official of the so called union state with russia; and b in paragraph 2 i in',
'subparagraph a , by adding at the end before the semicolon the following: , or an official of the so',
'called union state with russia; and ii in subparagraph b , by inserting , or the so called union state',
'with russia, after the government of belarus. sec. 327. multilateral cooperation. section 7 of the belarus democracy act of 2004',
'public law 109 480; 22 u.s.c. 5811 note is amended to read as follows: sec. 7. multilateral cooperation. it is',
'note: president. the sense of congress that the president should continue to coordinate with the european union and its institutions,',
'european union member states, the united kingdom, and canada to develop a comprehensive, multilateral strategy 1 to further the purposes',
'of this act, including, as appropriate, encouraging other countries to take measures with page 134 stat. 3112 respect to the',
'republic of belarus that are similar to measures described in this act; and 2 to deter the government of the',
'russian federation from undermining democratic processes and institutions in belarus or threatening the independence, sovereignty, and territorial integrity of belarus..',
'sec. 328. reports. section 8 of the belarus democracy act of 2004 public law 109 480; 22 u.s.c. 5811 note',
'is amended to read as follows: sec. 8. reports. a report on threat to sovereignty and independence of belarus. 1',
'note: deadline. coordination. in general. not later than 120 days after the date of the enactment of the belarus democracy,',
'human rights, and sovereignty act of 2020, the secretary of state, in coordination with the director of national intelligence and',
'the secretary of the treasury, shall transmit to the appropriate congressional committees a report describing the threat that the government',
'of russia poses to the sovereignty and independence of belarus. 2 matters to be included. the report required under paragraph',
'1 shall include a note: assessment. an assessment of how the government of russia is exploiting the current political crisis',
'in belarus to push for deeper political and economic control of or integration with belarus; b a description of the',
'economic and energy assets in belarus that the government of russia, including russian state owned or state controlled companies, controls;',
'c a description of belarus major enterprises that are vulnerable of being taken over by russian entities amid the countrys',
'worsening financial crisis; d a description of how and to what ends the government of russia seeks to augment its',
'military presence in belarus; e a description of russian influence over the media and information space in belarus and how',
'the government of russia uses disinformation and other malign techniques to undermine belarusian history, culture, and language; f a description',
'of other actors in belarus that the government of russia uses to advance its malign influence, including veterans organizations and',
'extrajudicial networks; g a description of efforts to undermine belarusian language, cultural, and national symbols, including the traditional red and',
'white flag and the pahonia mounted knight; and h the identification of russian individuals and government agencies that are significantly',
'supporting or involved in the crackdown on peaceful protestors and the opposition or the repression of independent media following the',
'august 9, 2020, presidential election. 3 form. the report required under this subsection shall be transmitted in unclassified form, but',
'may contain a classified annex. b report on personal assets of alyaksandr lukashenka. page 134 stat. 3113 1 in general.',
'not later than 90 days after the date of the enactment of the belarus democracy, human rights, and sovereignty act',
'of 2020, the director of national intelligence, in consultation with the secretary of the treasury and the secretary of state,',
'shall submit to the appropriate congressional committees a report describing a the total assets under the direct or indirect control',
'of alyaksandr lukashenka, including estimated assets and known sources of income of alyaksandr lukashenka and his immediate family members, including',
'assets, investments, bank accounts, and other business interests; and b an identification of the most significant senior foreign political figures',
'in belarus, as determined by their closeness to alyaksandr lukashenka. 2 waiver. the director of national intelligence may waive, in',
'whole or in part, the reporting requirement under paragraph 1 a if the director submits to the appropriate congressional committees',
'a a written justification stating that the waiver is in the national interest of the united states; and b a',
'detailed explanation of the reasons therefor. 3 form. the report required under this subsection shall be transmitted in unclassified form,',
'but may contain a classified annex.. sec. 329. definitions. section 9 of the belarus democracy act of 2004 public law',
'109 480; 22 u.s.c. 5811 note is amended 1 by amending paragraph 1 to read as follows: 1 appropriate congressional',
'committees. the term appropriate congressional committees means a the committee on foreign relations of the senate; b the committee on',
'banking, housing, and urban affairs of the senate; c the committee on appropriations of the senate; d the committee on',
'foreign affairs of the house of representatives; e the committee on financial services of the house of representatives; and f',
'the committee on appropriations of the house of representatives. ; and 2 in paragraph 3 b a in clause i',
', by inserting members of the security and intelligence services, after prosecutors,; and b in clause ii , by inserting',
', electoral fraud, online censorship, or restrictions on independent media and journalists after public corruption. sec. 330. determination of budgetary',
'effects. the budgetary effects of this subtitle, 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 subtitle,',
'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. page 134 stat. 3114 subtitle d gandhi king note: gandhi king scholarly',
'exchange initiative act. scholarly exchange initiative act sec. 331. short title. this subtitle may be cited as the gandhi king',
'scholarly exchange initiative act. sec. 332. findings. congress makes the following findings: 1 the peoples of the united states and',
'india have a long history of friendship and the interests of the peoples of the united states, india, and the',
'world will benefit from a stronger united states india partnership. 2 mohandas karamchand gandhi and martin luther king, jr., were',
'dedicated leaders fighting for social justice and social change, peace, and civil rights in their respective communities, and countries and',
'in the world. 3 the use of nonviolent civil disobedience is a shared tactic that has played a key role',
'in defeating social injustice in india, the united states, and in other parts of the world. 4 mohandas gandhi, who',
'was born on october 2, 1869, was murdered on january 30, 1948, after dedicating his life to the peaceful empowerment',
'of the people of india and to the end of british colonial rule. 5 martin luther king, jr., who was',
'born on january 15, 1929, was murdered on april 4, 1968, after a life dedicated to peaceful movements against segregation,',
'discrimination, racial injustice, and poverty. 6 in february 1959, dr. king and his wife, coretta scott king, traveled throughout india.',
'by the end of his monthlong visit, dr. king said, i am more convinced than ever before that the method',
'of nonviolent resistance is the most potent weapon available to oppressed people in their struggle for justice and human dignity..',
'7 fifty years after dr. kings visit, all india radio, the national radio station of india, discovered a taped message',
'by dr. king that emphasized the intellectual harmony between the messages of dr. king and mohandas gandhi on nonviolent social',
'action. 8 on august 22, 2011, the dr. martin luther king, jr., national memorial opened to the public in washington,',
'dc. this newest memorial on the national mall pays tribute to dr. kings national and international contributions to world peace',
'through nonviolent social change. 9 the 116th congress coincides with both the 150th birth anniversary of mohandas gandhi and the',
'90th birth anniversary of dr. martin luther king, jr. 10 mohandas gandhi, who employed the principle of satyagraha, or fighting',
'with peace, has come to represent the moral force inspiring many civil and social rights movement around the world. 11',
'dr. kings effective use of gandhis principles was instrumental to the american civil rights movement. 12 there is a long',
'history of civil and social rights movements in the united states and in india. as the relationship between the united',
'states and india evolves, a binational page 134 stat. 3115 foundation through which the governments of each country can work',
'together and catalyze private investment toward development objectives would provide an ongoing, productive institution and symbol of the friendship and',
'common ideals of the respective governments and their peoples. 13 there is a global goal of ending tuberculosis by 2030,',
'the united states and india seek a tb free india by 2025, and the united states india gandhi king development',
'foundation, as described in this subtitle, could help address gaps across the tb value chain in prevention, detection, diagnosis, and',
'treatment, and catalyze market based strategies to bridge the service gap for the last mile. 14 leaders in both countries',
'have prioritized the united states india relationship and continue to support a strengthened united states india partnership, recognizing that it',
'will be one of the defining partnerships of the 21st century. sec. 333. gandhi king scholarly exchange initiative. a in',
'general. in order to further the shared ideals and values of mohandas gandhi and martin luther king, jr, the secretary',
'of state should establish, in cooperation with the appropriate representatives of the government of india, a professional exchange program known',
'as the gandhi king scholarly exchange initiative. the initiative should be comprised of the following: 1 an annual educational forum',
'for scholars from the united states and india that focuses on the social justice and human and civil rights legacies',
'of mohandas gandhi and martin luther king, jr., which should a be held alternately in the united states and in',
'india; b include representatives from governments, nongovernmental organizations, civic organizations, and educational, cultural, womens, civil, and human rights groups, including',
'religious and ethnic minorities and marginalized communities; and c focus on studying the works of gandhi and king, and applying',
'their philosophies of nonviolent resistance to addressing current issues, including poverty alleviation, conflict mitigation, human and civil rights challenges, refugee',
'crises, and threats to democracy and democratic norms in countries around the world. 2 an undergraduate, graduate, and post graduate',
'student exchange for students in the united states and india to a study the history and legacies of martin luther',
'king, jr., and mohandas gandhi; and b research, develop, and recommend best practices relating to peace, nonviolence, and reconciliation in',
'current conflict regions. b sunset. the authorities provided under this section shall terminate on the date that is five years',
'after the date of enactment of this act. sec. 334. gandhi king global academy. a in general. the president and',
'chief executive officer of the united states institute of peace should create a professional development training initiative on conflict resolution',
'tools based on the principles of nonviolence. such training initiative shall be known as the gandhi king global academy and',
'should page 134 stat. 3116 1 include representatives from governments, nongovernmental organizations, civic organizations, and educational, cultural, womens, civil, and',
'human rights groups, including religious and ethnic minorities and marginalized communities in countries with ongoing political, social, ethnic, or violent',
'conflict; 2 include a specific focus on the success of nonviolent movements, inclusion, and representation in conflict resolution; 3 develop',
'a curriculum on conflict resolution tools based on the principles of nonviolence; and 4 make the curriculum publicly available online,',
'in person, and through a variety of media. b prohibition. the united states institute of peace may not, in the',
'course of any activity authorized by subsection a , enter into any contract with an outside entity to conduct advocacy',
'on its behalf. c sunset. the authorities provided under this section shall terminate on the date that is five years',
'after the date of enactment of this act. sec. 335. establishment of the united states india gandhi king development foundation.',
'a establishment. the administrator of the united states agency for international development usaid , with the concurrence of the secretary',
'of state and in coordination with appropriate counterparts in the government of india, is authorized to establish, on such terms',
'and conditions as are determined necessary, one or more legal entities to compose the united states india gandhi king development',
'foundation in this section referred to as the foundation . each such legal entity within the foundation shall be organized',
'under the laws of india and shall not be considered to be an agency or establishment of the united states',
'government and shall not have the full faith and credit of the united states. b functions. the foundation, through one',
'or more entities referred to in subsection a 1 shall identify development priorities and administer and oversee competitively awarded grants',
'to private nongovernmental entities to address such priorities in india, including a health initiatives addressing tuberculosis tb , water, sanitation,',
'and health wash , and pollution and related health impacts phi ; b pollution, plastic waste reduction, and climate related',
'shocks; c education; and d empowerment of women; 2 should provide credible platforms and models, including returnable capital to attract',
'and blend public and private capital, which can then be deployed efficiently and effectively to address the priorities identified in',
'paragraph 1 . c additionality. 1 in general. before an entity within the foundation makes a grant under subsection b',
'1 to address a priority identified under such subsection, the foundation shall ensure that private sector entities are afforded an',
'opportunity to support the projects funded by such grants. page 134 stat. 3117 2 safeguards, policies, and guidelines. the foundation',
'shall develop appropriate safeguards, policies, and guidelines to ensure that grants made under subsection b 1 operate according to internationally',
'recognized best practices and standards, including for transparency and accountability. d limitations. no party receiving a grant made under subsection',
'b 1 may receive such grant in an amount that is more than five percent of amounts appropriated or otherwise',
'made available under section 337 a 3 to the entity in the foundation making such grant. e governing council. 1',
'purpose. the government of the united states and the government of india shall convene a governing council to provide guidance',
'and direction to the foundation. 2 appointment of members. the administrator of the united states agency for international development, with',
'the concurrence of the secretary of state, shall appoint a majority of the governing council of the foundation for a',
'period of five years following the establishment of the foundation. 3 charter. the governing council of the foundation shall adopt',
'a charter for the operation of the foundation, which shall include provisions to a identify development priorities or a process',
'to identify development priorities; b note: criteria. define criteria for application, merit review, and transparent, competitive awarding of grants by',
'the foundation; c establish an annual organization wide audit by an independent auditor in accordance with generally accepted auditing standards,',
'the results of which shall be made immediately available to the board, the administrator of the united states agency for',
'international development, and the appropriate government of india counterpart; d assist in the creation of project specific timetables for each',
'of the projects funded by a grant from the foundation; e establish an oversight role and march in audit rights',
'for the administrator of the united states agency for international development and the appropriate government of india counterpart; and f',
'establish an annual report on the activities of the foundation to be made publicly available. f publicly available project information.',
'the foundation shall maintain a user friendly, publicly available, machine readable database with detailed project level information, as appropriate, including',
'a description of the grants made by the foundation under this section and project level performance metrics. g detail of',
'united states government personnel to the foundation. 1 note: determination. in general. whenever the administrator of the united states agency',
'for international development or the secretary of state determines it to be in furtherance of the purposes of this subtitle,',
'the administrator and the secretary are authorized to detail or assign any officer or employee of the agency or the',
'department, respectively, to any position in the foundation to provide technical, scientific, or professional assistance to the foundation or, in',
'cooperation with the page 134 stat. 3118 foundation, to implementing partners of the foundation, without reimbursement to the united states',
'government. 2 status. any united states government officer or employee, while detailed or assigned under this subsection, shall be considered,',
'for the purpose of preserving their allowances, privileges, rights, seniority, and other benefits as such, an officer or employee of',
'the united states government and of the agency of the united states government from which detailed or assigned, and shall',
'continue to receive compensation, allowances, and benefits from program funds appropriated to that agency or made available to that agency',
'for purposes related to the activities of the detail or assignment, in accordance with authorities related to their employment status',
'and agency policies. 3 sunset. the authorities provided under this subsection shall terminate on the date that is five years',
'after the establishment of the foundation. sec. 336. reporting requirements. a initial reports. not later than 120 days after the',
'date of the enactment of this act 1 the secretary of state shall submit to the committee on foreign affairs',
'and the committee on appropriations of the house of representatives and the committee on foreign relations and the committee on',
'appropriations of the senate a report on the secretary of states plan to establish the initiative authorized under section 333;',
'2 the president and chief executive officer of the united states institute of peace shall submit to the committee on',
'foreign affairs and the committee on appropriations of the house of representatives and the committee on foreign relations and the',
'committee on appropriations of the senate a report on the president and chief executive officers plan to establish the initiative',
'authorized under section 334; and 3 the administrator of the united states agency for international development shall submit to the',
'committee on foreign affairs and the committee on appropriations of the house of representatives and the committee on foreign relations',
'and the committee on appropriations of the senate a report on the administrators plan to establish the organization authorized under',
'section 335. b periodic updates. the secretary of state, president and chief executive officer of the united states institute of',
'peace, and administrator of the united states agency for international development shall submit to the committees described in subsection a',
'3 an update on a semiannual basis regarding the progress in implementing each of the initiatives or establishing the organization',
'referred to in such subsection. sec. 337. authorization of appropriations. a in general. there is authorized to be appropriated to',
'carry out 1 section 333, up to $1,000,000 for each of fiscal years 2021 through 2025 to the secretary of',
'state 2 section 334, up to $2,000,000 for fiscal year 2021 to the united states institute of peace; page 134',
'stat. 3119 3 section 335, up to $30,000,000 for fiscal year 2021 to the administrator of the united states agency',
'for international development; and 4 section 335, up to an additional $15,000,000 for each of fiscal years 2022 through 2025',
'to the administrator of the united states agency for international development, if the private sector in india commits amounts equal',
'to that contributed by the united states. b sense of congress on foreign assistance funds. it is the sense of',
'congress that the authorization of appropriations under subsection a should be renewable for one or more periods of not more',
'than 5 years if 1 authorized by congress; and 2 the secretary of state, in consultation with the administrator of',
'the united states agency for international development, determines that the foundations work is successful in addressing the priorities identified in',
'section 335 b 1 and that the private sector in india has committed funds to the foundation in accordance with',
'subsection a 4 . subtitle e tibetan policy and support act of 2020 sec. 341. modifications to and reauthorization of',
'tibetan policy act of 2020. a tibetan negotiations. section 613 of the tibetan policy act of 2002 22 u.s.c. 6901',
'note is amended 1 in subsection a a in paragraph 1 i by inserting without preconditions after a dialogue; ii',
'by inserting or democratically elected leaders of the tibetan community after his representatives; and iii by inserting before the period',
'at the end the following: and should coordinate with other governments in multilateral efforts toward this goal; b by redesignating',
'paragraph 2 as paragraph 3 ; and c by inserting after paragraph 1 the following new paragraph: 2 note: coordination.',
'policy communication. the secretary of state shall ensure that, in accordance with this act, united states policy on tibet, as',
'coordinated by the united states special coordinator for tibetan issues, is communicated to all federal departments and agencies in contact',
'with the government of the peoples republic of china. ; 2 in subsection b a in the matter preceding paragraph',
'1 i by striking until december 31, 2021 and inserting until december 31, 2031; and ii by inserting and direct',
'the department of state to make public on its website after appropriate congressional committees; b in paragraph 1 , by',
'striking ; and and inserting a semicolon; page 134 stat. 3120 c in paragraph 2 , by striking the period',
'at the end and inserting ; and ; and d by adding at the end the following new paragraph: 3',
'the steps taken by the united states government to promote the human rights and distinct religious, cultural, linguistic, and historical',
'identity of the tibetan people, including the right of the tibetan people to select, educate, and venerate their own religious',
'leaders in accordance with their established religious practice and system.. b tibet project principles. section 616 of such act 22',
'u.s.c. 6901 note is amended 1 in subsection d a in paragraph 5 , by inserting human rights, after respect',
'tibetan; b in paragraph 8 , by striking ; and and inserting a semicolon; c in paragraph 9 i by',
'inserting involuntary or coerced after nor facilitate the; and ii by striking the period at the end and inserting ;',
'and; and d by adding at the end the following new paragraph: 10 neither provide incentive for, nor facilitate the',
'involuntary or coerced relocation of, tibetan nomads from their traditional pasturelands into concentrated settlements. ; 2 by adding at the',
'end the following new subsections: e united states assistance. 1 note: president. in general. the president is authorized to provide',
'assistance to nongovernmental organizations to support inclusive economic growth, resilience, global health, education, environmental stewardship, and cultural and historical preservation',
'for tibetan communities in tibet, in accordance with the principles specified in subsection d . 2 coordination. assistance authorized under',
'paragraph 1 shall be carried out in coordination with the united states special coordinator for tibetan issues in accordance with',
'section 621 d . f private sector investment. the secretary of state, in coordination with the secretary of commerce, should',
'1 encourage united states businesses and individuals that are engaged in commerce or investing in enterprises in tibet to be',
'guided by the principles specified in subsection d and the united nations guiding principles on business and human rights; and',
'2 hold regular consultations with businesses and individuals that are engaged in commerce or are investing in enterprises in tibet',
'about the principles referenced in paragraph 1 and the business practices of such businesses and individuals in tibet.. c diplomatic',
'representation relating to tibet. section 618 of such act 22 u.s.c. 6901 note is amended to read as follows: sec.',
'618. diplomatic representation relating to tibet. a united states consulate in lhasa, tibet. the secretary should seek to establish a',
'united states consulate in lhasa, tibet page 134 stat. 3121 1 to provide consular services to united states citizens traveling',
'in tibet; and 2 to monitor political, economic, and cultural developments in tibet. b policy. the secretary may not authorize',
'the establishment in the united states of any additional consulate of the peoples republic of china until such time as',
'a united states consulate in lhasa, tibet, is established under subsection a . c note: deadline. determination. reports. waiver. the',
'secretary may waive the requirement under subsection b , notwithstanding the lack of a united states consulate in lhasa, not',
'less than 30 days after the secretary determines and reports to the appropriate congressional committees that it is in the',
'national security interests of the united states to waive such requirements and submits to the appropriate congressional committees a report',
'including 1 a specific and detailed rationale for the determination that the waiver is in the national security interests of',
'the united states; and 2 a description of the efforts by the department of state to seek the establishment of',
'a united states consulate in lhasa.. d religious persecution in tibet. section 620 b of such act 22 u.s.c. 6901',
'note is amended by inserting before the period at the end the following: , including with respect to the reincarnation',
'system of tibetan buddhism. e united states special coordinator for tibetan issues. section 621 of such act 22 u.s.c. 6901',
'note is amended 1 by amending subsection c to read as follows: c objectives. the objectives of the special coordinator',
'are to 1 promote substantive dialogue without preconditions, between the government of the peoples republic of china and the dalai',
'lama, his or her representatives, or democratically elected leaders of the tibetan community, or explore activities to improve prospects for',
'dialogue, that leads to a negotiated agreement on tibet; 2 note: coordination. coordinate with other governments in multilateral efforts towards',
'the goal of a negotiated agreement on tibet; 3 encourage the government of the peoples republic of china to address',
'the aspirations of the tibetan people with regard to their distinct historical, cultural, religious, and linguistic identity; 4 promote the',
'human rights of the tibetan people; 5 promote activities to preserve environment and water resources of the tibetan plateau; 6',
'encourage that any initiatives or activities for tibetan communities in the tibet autonomous region are conducted in accordance with the',
'principles espoused in section 616 d ; and 7 promote access to tibet in accordance with the reciprocal access to',
'tibet act of 2018 public law 115 330 . ; 2 in subsection d a in paragraph 5 , by',
'striking ; and and inserting a semicolon; b by redesignating paragraph 6 as paragraph 8 ; and page 134 stat.',
'3122 c by inserting after paragraph 5 the following new paragraphs: 6 provide guidance with respect to all projects carried',
'out pursuant to assistance provided under section 616 e ; 7 seek to establish international diplomatic coalitions to a oppose',
'any effort by the government of the peoples republic of china to select, educate, and venerate tibetan buddhist religious leaders',
'in a manner inconsistent with the principle that the succession or identification of tibetan buddhist lamas, including the dalai lama,',
'should occur without interference, in a manner consistent with traditional practice; and b ensure that the identification and installation of',
'tibetan buddhist religious leaders, including any future dalai lama, is determined solely within the tibetan buddhist faith community, in accordance',
'with the internationally recognized right to religious freedom; and; and 3 by adding at the end the following new subsection:',
'e personnel. the secretary shall ensure that the office of the special coordinator is adequately staffed at all times to',
'assist in the management of the responsibilities of this section.. sec. 342. note: 22 usc 6901 note. statement of policy',
'regarding the succession or reincarnation of the dalai lama. a findings. congress finds the following: 1 tibetan buddhism is practiced',
'in many countries including bhutan, india, mongolia, nepal, the peoples republic of china, the russian federation, and the united states,',
'yet the government of the peoples republic of china has repeatedly insisted on its role in managing the selection of',
'tibets next spiritual leader, the dalai lama, through actions such as those described in the measures on the management of',
'the reincarnation of living buddhas in 2007. 2 on march 19, 2019, chinese ministry of affairs spokesperson reiterated that the',
'reincarnation of living buddhas including the dalai lama must comply with chinese laws and regulations and follow religious rituals and',
'historical conventions. 3 the government of the peoples republic of china has interfered in the process of recognizing a successor',
'or reincarnation of tibetan buddhist leaders, including in 1995 by arbitrarily detaining gedhun choekyi nyima, a 6 year old boy',
'who was identified as the 11th panchen lama, and purporting to install its own candidate as the panchen lama. 4',
'the 14th dalai lama, tenzin gyatso, issued a statement on september 24, 2011, explaining the traditions and spiritual precepts of',
'the selection of dalai lamas, setting forth his views on the considerations and process for selecting his successor, and providing',
'a response to the chinese governments claims that only the chinese government has the ultimate authority in the selection process',
'of the dalai lama. 5 the 14th dalai lama said in his statement that the person who reincarnates has sole',
'legitimate authority over where and how he or she takes rebirth and how that reincarnation is to be recognized and',
'if there is a need for a 15th page 134 stat. 3123 dalai lama to be recognized, then the responsibility',
'shall primarily rest with the officers of the dalai lamas gaden phodrang trust, who will be informed by the written',
'instructions of the 14th dalai lama. 6 since 2011, the 14th dalai lama has reiterated publicly on numerous occasions that',
'decisions on the successions, emanations, or reincarnations of the dalai lama belongs to the tibetan buddhist faith community alone. 7',
'on june 8, 2015, the united states house of representatives unanimously approved house resolution 337 which calls on the united',
'states government to underscore that government interference in the tibetan reincarnation process is a violation of the internationally recognized right',
'to religious freedom . . . and to highlight the fact that other countries besides china have long tibetan buddhist',
'traditions, and that matters related to reincarnations in tibetan buddhism are of keen interest to tibetan buddhist populations worldwide. 8',
'on april 25, 2018, the united states senate unanimously approved senate resolution 429 which expresses its sense that the identification',
'and installation of tibetan buddhist religious leaders, including a future 15th dalai lama, is a matter that should be determined',
'solely within the tibetan buddhist faith community, in accordance with the inalienable right to religious freedom. 9 the department of',
'states report on international religious freedom for 2018 reported on policies and efforts of the government of the peoples republic',
'of china to exert control over the selection of tibetan buddhist religious leaders, including reincarnate lamas, and stated that united',
'states officials underscored that decisions on the reincarnation of the dalai lama should be made solely by faith leaders.. b',
'statement of policy. it is the policy of the united states that 1 decisions regarding the selection, education, and veneration',
'of tibetan buddhist religious leaders are exclusively spiritual matters that should be made by the appropriate religious authorities within the',
'tibetan buddhist tradition and in the context of the will of practitioners of tibetan buddhism; 2 the wishes of the',
'14th dalai lama, including any written instructions, should play a key role in the selection, education, and veneration of a',
'future 15th dalai lama; and 3 interference by the government of the peoples republic of china or any other government',
'in the process of recognizing a successor or reincarnation of the 14th dalai lama and any future dalai lamas would',
'represent a clear abuse of the right to religious freedom of tibetan buddhists and the tibetan people. c holding chinese',
'officials responsible for religious freedom abuses targeting tibetan buddhists. it is the policy of the united states to take all',
'appropriate measures to hold accountable senior officials of the government of the peoples republic of china or the chinese communist',
'party who directly interfere with the identification and installation of the future 15th dalai lama of tibetan buddhism, successor to',
'the 14th dalai lama, including by 1 imposing sanctions pursuant to the global magnitsky human rights accountability act 22 u.s.c.',
'2656 note ; and page 134 stat. 3124 2 prohibiting admission to the united states under section 212 a 2',
'g of the immigration and nationality act 8 u.s.c. 1182 a 2 g . d department of state programming to',
'promote religious freedom for tibetan buddhists. consistent with section 401 of the frank r. wolf international religious freedom act public',
'law 114 281; 130 stat. 1436 , the ambassador at large for international religious freedom should support efforts to protect',
'and promote international religious freedom in china and for programs to protect tibetan buddhism in china and elsewhere. sec. 343.',
'policy regarding the environment and water resources on the tibetan plateau. a findings. congress finds the following: 1 the tibetan',
'plateau contains glaciers, rivers, grasslands, and other geographical and ecological features that are crucial for supporting vegetation growth and biodiversity',
'and regulating water flow and supply for an estimated 1,800,000,000 people. environmental changes threaten the glaciers in tibet that feed',
'the major rivers of south and east asia, which supply freshwater to an estimated 1,800,000,000 people. 2 several factors, including',
'temperature changes, large government backed infrastructure projects, and resettlement of tibetan nomads, are likely to result in variable water flows',
'in the future. 3 the grasslands of tibet play a significant role in carbon production and sequestration and tibets rivers',
'support wetlands that play a key role in water storage, water quality, and the regulation of water flow, support biodiversity,',
'foster vegetation growth, and act as carbon sinks. 4 traditional tibetan grassland stewardship practices, which can be key to mitigating',
'the negative effects of environmental changes on the tibetan plateau, are undermined by the resettlement of nomads from tibetan grasslands.',
'5 the peoples republic of china has approximately 20 percent of the worlds population but only around 7 percent of',
'the worlds water supply, while many countries in south and southeast asia rely on the rivers flowing from the himalayas',
'of the tibetan plateau. 6 the peoples republic of china has already completed water transfer programs diverting billions of cubic',
'meters of water yearly and has plans to divert more waters from the tibetan plateau in china. b water resources',
'in tibet and the tibetan watershed. the secretary note: coordination. of state, in coordination with relevant agencies of the united',
'states government, should 1 pursue collaborative efforts with chinese and international scientific institutions, as appropriate, to monitor the environment on',
'the tibetan plateau, including glacial retreat, temperature rise, and carbon levels, in order to promote a greater understanding of the',
'effects on permafrost, river flows, grasslands and desertification, and the monsoon cycle; 2 engage with the government of the peoples',
'republic of china, the tibetan people, and nongovernmental organizations to encourage the participation of tibetan nomads and page 134 stat.',
'3125 other tibetan stakeholders in the development and implementation of grassland management policies, in order to utilize their indigenous experience',
'in mitigation and stewardship of the land and to assess policies on the forced resettlement of nomads; and 3 encourage',
'a regional framework on water security, or use existing frameworks, such as the lower mekong initiative, to facilitate cooperative agreements',
'among all riparian nations that would promote transparency, sharing of information, pollution regulation, and arrangements on impounding and diversion of',
'waters that originate on the tibetan plateau. sec. 344. democracy in the tibetan exile community. a findings. congress finds the',
'following: 1 the 14th dalai lama advocates the middle way approach, which seeks genuine autonomy for the 6,000,000 tibetans in',
'tibet. 2 the 14th dalai lama has overseen a process of democratization within the tibetan polity and devolved his political',
'responsibilities to the elected representatives of the tibetan people in exile in 2011. 3 in 2011 and again in 2016,',
'members of the tibetan exile community across some 30 countries held free and fair elections to select political leaders to',
'serve in the central tibetan administration parliament and as chief executive. 4 the dalai lama has said that the central',
'tibetan administration will cease to exist once a negotiated settlement has been achieved that allows tibetans to freely enjoy their',
'culture, religion, and language in tibet. b sense of congress. it is the sense of congress that 1 tibetan exile',
'communities around the world should be commended for the adoption of a system of self governance with democratic institutions to',
'choose their leaders; 2 the dalai lama should be commended for his decision to devolve political authority to elected leaders',
'in accordance with democratic principles; 3 as of the date of the enactment of this act, the central tibetan administration',
'is the institution that represents and reflects, to the greatest extent, the aspirations of the tibetan diaspora around the world,',
'and the sikyong is the president of the central tibetan administration; and 4 as consistent with section 621 d 3',
'of the tibetan policy act of 2002 22 u.s.c. 6901 note , the united states special coordinator for tibetan issues',
'should continue to maintain close contact with the religious, cultural, and political leaders of the tibetan people. sec. 345. sustainability',
'in tibetan communities seeking to preserve their culture, religion, and language. the secretary of state should urge the government of',
'nepal to honor the gentlemans agreement with the united nations high commissioner for refugees and the government of india, which',
'commits the government of nepal to respect the principle of non refoulement by continuing to give tibetan new arrivals access',
'to the territory of nepal and allowing them safe passage through nepal to india. page 134 stat. 3126 sec. 346.',
'authorization of appropriations. a office of the united states special coordinator for tibetan issues. there is authorized to be appropriated',
'$1,000,000 for each of the fiscal years 2021 through 2025 for the office of the united states special coordinator for',
'tibetan issues. b tibetan scholarship program and ngawang choephel exchange programs. 1 tibetan scholarship program. there is authorized to be',
'appropriated $675,000 for each of the fiscal years 2021 through 2025 to carry out the tibetan scholarship program established under',
'section 103 b 1 of the human rights, refugee, and other foreign relations provisions act of 1996 public law 104',
'319; 22 u.s.c. 2151 note . 2 ngawang choephel exchange programs. there is authorized to be appropriated $575,000 for each',
'of the fiscal years 2021 through 2025 to carry out the ngawang choephel exchange programs formerly known as programs of',
'educational and cultural exchange between the united states and the people of tibet under section 103 a of the human',
'rights, refugee, and other foreign relations provisions act of 1996 public law 104 319; 110 stat. 3865 . c humanitarian',
'assistance and support to tibetan refugees in south asia. amounts authorized to be appropriated or otherwise made available to carry',
'out chapter 9 of part i of the foreign assistance act of 1961 22 u.s.c. 2292 et seq. and the',
'migration and refugee assistance act of 1962 public law 87 510 for each of the fiscal years 2021 through 2025',
'are authorized to be made available for humanitarian assistance, including food, medicine, clothing, and medical and vocational training, for tibetan',
'refugees in south asia who have fled facing a credible threat of persecution in the peoples republic of china. d',
'tibetan autonomous region and tibetan communities in china. there is authorized to be appropriated $8,000,000 for each year of the',
'fiscal years 2021 through 2025 under chapter 4 of part ii of the foreign assistance act of 1961 22 u.s.c.',
'2346 et seq. to support activities for tibetan communities in the tibet autonomous region and in other tibetan communities in',
'china that are conducted in accordance with subsection 616 d of the tibetan policy act of 2002 22 u.s.c. 6901',
'note . e assistance for tibetans in india and nepal. there is authorized to be appropriated $6,000,000 for each of',
'the fiscal years 2021 through 2025 under chapter 4 of part ii of the foreign assistance act of 1961 22',
'u.s.c. 2346 et seq. for programs to promote and preserve tibetan culture and language development, and the resilience of tibetan',
'communities in india and nepal, and to assist in the education and development of the next generation of tibetan leaders',
'from such communities. f tibetan governance. there is authorized to be appropriated $3,000,000 for each of the fiscal years 2021',
'through 2025 under chapter 4 of part ii of the foreign assistance act of 1961 22 u.s.c. 2346 et seq.',
'for programs to strengthen the capacity of tibetan institutions and strengthen democracy, governance, information and international outreach, and research. g',
'voice of america and radio free asia. 1 voice of america. there is authorized to be appropriated $3,344,000 for each',
'of the fiscal years 2021 through page 134 stat. 3127 2025 to voice of america for broadcasts described in paragraph',
'3 . 2 radio free asia. there is authorized to be appropriated $4,060,000 for each of the fiscal years 2021',
'through 2025 to radio free asia for broadcasts described in paragraph 3 . 3 broadcasts described. broadcasts described in this',
'paragraph are broadcasts to provide uncensored news and information in the tibetan language to tibetans, including tibetans in tibet. subtitle',
'f the note: the united states northern triangle enhanced engagement act. 22 usc 2151 note. united states northern triangle enhanced',
'engagement act sec. 351. short title. this subtitle may be cited as the the united states northern triangle enhanced engagement',
'act. sec. 352. note: 22 usc 2277. strategy to advance prosperity, combat corruption, strengthen democratic governance, and improve civilian security',
'in el salvador, guatemala, and honduras. a note: deadline. coordination. elements. not later than 180 days after the date of',
'the enactment of this act, the secretary of state, in coordination with the administrator of the united states agency for',
'international development, and the heads of other relevant federal agencies, shall submit to the appropriate congressional committees a 5 year',
'strategy to advance economic prosperity, combat corruption, strengthen democratic governance, and improve civilian security in el salvador, guatemala, and honduras',
'and to curb irregular migration from the region. b consideration. in developing the strategy required under this section, the secretary',
'of state should consider the following priorities: 1 promoting economic prosperity, including by a supporting market based solutions to eliminate',
'constraints to inclusive economic growth; b addressing the underlying causes of poverty and inequality; c responding to immediate humanitarian needs',
'by improving humanitarian outcomes, including through access to sanitation, hygiene, and shelter, and by enabling the provision of health resources;',
'd supporting conservation and community resilience and strengthening community preparedness for natural disasters; e identifying, as appropriate, a role for',
'relevant united states agencies and the united states private sector in supporting efforts to increase private sector investment and advance',
'economic prosperity; and f improving domestic resource mobilization, including by strengthening tax collection and enforcement and legal arbitration mechanisms. 2',
'combating corruption, including by a strengthening the capacity of national justice systems and attorneys generals to identify and prosecute page',
'134 stat. 3128 money laundering and other financial crimes and breaking up financial holdings of organized criminal syndicates, including illegally',
'acquired lands and proceeds from illegal activities; b strengthening special prosecutorial offices and financial institutions to conduct asset forfeitures and',
'criminal analysis, and to combat corruption, money laundering, financial crimes, extortion, and human rights crimes; c implementing transparent, merit based',
'selection processes for prosecutors and judges and the development of professional and merit based civil services; d establishing or strengthening',
'methods, procedures for internal and external control mechanisms for the security and police services and judiciary; and e supporting anticorruption',
'efforts through bilateral assistance and complementary support through multilateral anticorruption mechanisms when necessary. 3 advancing democratic governance, including by a',
'strengthening government institutions at the local and national levels to provide services and respond to citizen needs through transparent, inclusive,',
'and democratic processes; b strengthening access to information laws and reforming laws that currently limit access to information; c building',
'the capacity of independent media to engage in professional investigative journalism; d ensuring that threats and attacks on journalists, labor',
'leaders, human rights defenders, and other members of civil society are fully investigated and perpetrators are held accountable; and e',
'strengthening electoral institutions and processes to ensure free, fair, and transparent elections. 4 improving security conditions, including by a implementing',
'the central america regional security initiative; b increasing the professionalization of security services, including the civilian police and military units;',
'c combating the illicit activities of transnational criminal organizations through support to fully vetted elements of attorneys general offices, appropriate',
'government institutions, and security services; and d enhancing the capacity of relevant security services and attorneys general to support counternarcotics',
'efforts and combat human trafficking, forcible recruitment of children and youth by gangs, gender based violence, and other illicit activities,',
'including trafficking of wildlife, and natural resources. c consultation. in developing the strategy required under this section, the secretary of',
'state may consult with civil society and the private sector in the united states, el salvador, guatemala, and honduras. d',
'benchmarks. the strategy required under this section shall include annual benchmarks to track the strategys progress in curbing irregular migration',
'from the region to the united states and improving conditions in el salvador, guatemala, and honduras by measuring progress in',
'key areas, including page 134 stat. 3129 1 reducing poverty and unemployment, increasing private sector investment, responding to immediate humanitarian',
'needs, sustainably reintegrating returnees, supporting conservation and community resilience, and addressing forced displacement in accordance with the priorities outlined in',
'subsection b 1 ; 2 strengthening national justice systems and attorneys generals, supporting multilateral anticorruption mechanisms, identifying and prosecuting money',
'laundering and other financial crimes, breaking up financial holdings of organized criminal syndicates, and advancing judicial integrity and investigative capacity',
'of local authorities in accordance with the priorities outlined in subsection b 2 ; 3 strengthening government institutions at the',
'local and national levels to provide services and respond to citizen needs through transparent, inclusive, and democratic processes, promoting human',
'rights, building the capacity of independent media, developing the capacity of civil society to conduct oversight, affording legal protections for',
'human rights defenders and members of civil society, and strengthening electoral institutions in accordance with priorities outlined in subsection b',
'3 ; and 4 implementing the objectives stated under the central america regional security initiative and building the capacity of',
'civilian security services in accordance with the priorities outlined in subsection b 4 . e public diplomacy. the strategy required',
'under this section shall include a public diplomacy strategy for educating citizens of the region about united states assistance and',
'its benefits to them, and informing such citizens of the dangers of irregular migration to the united states. f note:',
'deadline. annual progress updates. not later than 1 year after the submission of the strategy required under this section and',
'annually thereafter for 4 years, the secretary of state shall provide the appropriate congressional committees with a written description of',
'progress made in meeting the benchmarks established in the strategy. g note: web posting. public availability. the strategy required under',
'this section shall be made publicly available on the website of the department of state. note: classified information. if appropriate,',
'a classified annex may be submitted to the appropriate congressional committees. h definition. in this section, the term appropriate congressional',
'committees means 1 the committee on foreign relations and the committee on appropriations of the senate; and 2 the committee',
'on foreign affairs and the committee on appropriations of the house of representatives. sec. 353. note: 22 usc 2277a. targeted',
'sanctions to fight corruption in el salvador, guatemala, and honduras. a sense of congress. it is the sense of congress',
'that 1 corruption in el salvador, guatemala, and honduras by private citizens and select officials in local, regional, and federal',
'governments significantly damages the economies of such countries and deprives citizens of opportunities; 2 corruption in el salvador, guatemala, and',
'honduras is facilitated and carried out not only by private citizens and page 134 stat. 3130 select officials from those',
'countries but also in many instances by individuals from third countries; and 3 imposing targeted sanctions on individuals from throughout',
'the world and particularly in the western hemisphere who are engaged in acts of significant corruption that impact el salvador,',
'guatemala, and honduras or obstruction of investigations into such acts of corruption will benefit the citizens and governments of such',
'countries. b note: president. determination. report required. not later than 180 days after the date of the enactment of this',
'act, and not less frequently than annually thereafter, the president shall submit to the appropriate congressional committees an unclassified report',
'with classified annex if necessary that identifies each foreign person who the president determines to have knowingly engaged in actions',
'that undermine democratic processes or institutions, or in significant corruption or obstruction of investigations into such acts of corruption in',
'el salvador, guatemala, and honduras, including the following: 1 corruption related to government contracts. 2 bribery and extortion. 3 the',
'facilitation or transfer of the proceeds of corruption, including through money laundering. 4 acts of violence, harassment, or intimidation directed',
'at governmental and nongovernmental corruption investigators. c imposition of sanctions. the president shall impose the sanctions described in subsection d',
'with respect to each foreign person identified in the report required under subsection b . d sanctions described. 1 in',
'general. the sanctions described in this subsection are the following: a ineligibility for visas and admission to the united states.',
'in the case of a foreign person who is an individual, such foreign person is i inadmissible to the united',
'states; ii ineligible to receive a visa or other documentation to enter the united states; and iii otherwise ineligible to',
'be admitted or paroled into the united states or to receive any other benefit under the immigration and nationality act',
'8 u.s.c. 1101 et seq. . b current visas revoked. i in general. the issuing consular officer or the secretary',
'of state, or a designee of the secretary of state shall, in accordance with section 221 i of the immigration',
'and nationality act 8 u.s.c. 1201 i , revoke any visa or other entry documentation issued to a foreign person',
'regardless of when the visa or other entry documentation is issued. ii effect of revocation. a revocation under clause i',
'shall i take effect immediately; and ii automatically cancel any other valid visa or entry documentation that is in the',
'foreign persons possession. 2 exception to comply with international obligations. sanctions under subparagraph b and c of paragraph 1 shall',
'not apply with respect to a foreign person if admitting or paroling such person into the united states is necessary',
'page 134 stat. 3131 to permit the united states to comply with the agreement regarding the headquarters of the united',
'nations, signed at lake success june 26, 1947, and entered into force november 21, 1947, between the united nations and',
'the united states, or other applicable international obligations. e note: president. national security waiver. the president may waive the application',
'of the sanctions under subsection c if the president 1 note: determination. determines that such a waiver is in the',
'national security interest of the united states; and 2 note: deadline. submits to the appropriate congressional committees within 15 days',
'after such determination a notice of and justification for the waiver. f termination. the authority to impose sanctions under subsection',
'b , and any sanctions imposed pursuant to such authority, shall expire on the date that is 3 years after',
'the date of the enactment of this act. g note: federal register, publication. public availability. the unclassified portion of the',
'report required by subsection b shall be made available to the public, including through publication in the federal register. note:',
'president. determination. in any case in which the president concludes that such publication would be harmful to the national security',
'of the united states, only a statement that a determination or finding has been made by the president, including the',
'name and section of the act under which it was made, shall be published. h definitions. in this section, the',
'term appropriate congressional committees means 1 the committee on foreign relations and the committee on the judiciary of the senate;',
'2 the committee on foreign affairs and the committee on the judiciary of the house of representatives. subtitle g other',
'provisions sec. 361. office of sanctions coordination. a office of sanctions coordination of the department of state. 1 in general.',
'section 1 of the state department basic authorities act of 1956 22 u.s.c. 2651a is amended by adding at the',
'end the following new subsection: h office of sanctions coordination. 1 in general. there is established, within the department of',
'state, an office of sanctions coordination in this subsection referred to as the office . 2 head. the head of',
'the office shall a have the rank and status of ambassador; b be appointed by the president, by and with',
'the advice and consent of the senate; and c report directly to the secretary of state. 3 duties. the head',
'of the office shall a exercise sanctions authorities delegated to the secretary; b serve as the principal advisor to the',
'senior management of the department and the secretary regarding the development and implementation of sanctions policy; page 134 stat. 3132',
'c serve as the lead representative of the united states in diplomatic engagement on sanctions matters; d consult and closely',
'coordinate with allies and partners of the united states, including the united kingdom, the european union and member countries of',
'the european union, canada, australia, new zealand, japan, and south korea, to ensure the maximum effectiveness of sanctions imposed by',
'the united states and such allies and partners; e serve as the coordinator for the development and implementation of sanctions',
'policy with respect to all activities, policies, and programs of all bureaus and offices of the department relating to the',
'development and implementation of sanctions policy; and f serve as the lead representative of the department in interagency discussions with',
'respect to the development and implementation of sanctions policy. 4 direct hire authority. a in general. the head of the',
'office may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, united states code, candidates',
'directly to positions in the competitive service, as defined in section 2102 of that title, in the office. b termination.',
'the authority provided under subparagraph a shall terminate on the date that is two years after the date of the',
'enactment of this subsection.. 2 conforming amendment. section 1 c 3 of the state department basic authorities act of 1956',
'22 u.s.c. 2651a c 3 is amended by adding at the end the following new subparagraph: c coordination. the assistant',
'secretary authorized under subparagraph a shall coordinate with the office of sanctions coordination established under subsection h with respect to',
'the development and implementation of economic sanctions.. 3 note: deadline. briefing required. not later than 60 days after the date',
'of the enactment of this act and every 90 days thereafter until the date that is two years after such',
'date of enactment, the secretary of state shall brief the appropriate congressional committees on the efforts of the department of',
'state to establish the office of sanctions coordination pursuant to subsection h of section 1 of the state department basic',
'authorities act of 1956, as added by paragraph 1 , including a description of a measures taken to implement the',
'requirements of such subsection and to establish the office; b actions taken by the office to carry out the duties',
'listed in paragraph 3 of such subsection; c the resources devoted to the office, including the number of employees working',
'in the office; and d plans for the use of the direct hire authority provided under paragraph 4 of such',
'subsection. b note: 22 usc 2651a note. coordination with allies and partners of the united states. 1 in general. the',
'secretary of state shall develop and implement mechanisms and programs, as appropriate, through the head of the office of sanctions',
'coordination established pursuant to subsection h of section 1 of the state department page 134 stat. 3133 basic authorities act',
'of 1956, as added by subsection a 1 , to coordinate the development and implementation of united states sanctions policies',
'with allies and partners of the united states, including the united kingdom, the european union and member countries of the',
'european union, canada, australia, new zealand, japan, and south korea. 2 information sharing. the secretary should pursue the development and',
'implementation of mechanisms and programs under paragraph 1 , as appropriate, that involve the sharing of information with respect to',
'policy development and sanctions implementation. 3 capacity building. the secretary should pursue efforts, in coordination with the secretary of the',
'treasury and the head of any other federal agency the secretary considers appropriate, to assist allies and partners of the',
'united states, including the countries specified in paragraph 1 , as appropriate, in the development of their legal and technical',
'capacities to develop and implement sanctions authorities. 4 exchange programs. in furtherance of the efforts described in paragraph 3 ,',
'the secretary, in coordination with the secretary of the treasury and the head of any other federal agency the secretary',
'considers appropriate, may enter into agreements with counterpart agencies in foreign governments establishing exchange programs for the temporary detail of',
'federal government employees to share information and expertise with respect to the development and implementation of sanctions authorities. 5 note:',
'deadline. briefing required. not later than 90 days after the date of the enactment of this act and every 180',
'days thereafter until the date that is five years after such date of enactment, the secretary of state shall brief',
'the appropriate congressional committees on the efforts of the department of state to implement this section, including a description of',
'a measures taken to implement paragraph 1 ; b actions taken pursuant to paragraphs 2 through 4 ; c the',
'extent of coordination between the united states and allies and partners of the united states, including the countries specified in',
'paragraph 1 , with respect to the development and implementation of sanctions policy; and d obstacles preventing closer coordination between',
'the united states and such allies and partners with respect to the development and implementation of sanctions policy. c sense',
'of congress. it is the sense of the congress that the president should appoint a coordinator for sanctions and national',
'economic security issues within the framework of the national security council. d appropriate congressional committees defined. in this section, the',
'term appropriate congressional committees means 1 the committee on foreign relations, the committee on banking, housing, and urban affairs, the',
'committee on homeland security and governmental affairs, and the committee on finance of the senate; and 2 the committee on',
'foreign affairs, the committee on financial services, the committee on oversight and reform, page 134 stat. 3134 and the committee',
'on way and means of the house of representatives. title iv senate sergeant at arms cloud services sec. 401. senate',
'sergeant at arms cloud services. a section 10 of the legislative branch appropriations act, 2005 2 u.s.c. 6628 is amended',
'1 by redesignating subsection b as subsection h ; and 2 by striking subsection a and inserting the following: a',
'in general. in this section 1 the term agent of the office of the saa includes a provider of electronic',
'communication service or remote computing service commissioned or used through the office of the saa by a senate office to',
'provide such services to the senate office; 2 the term electronic communication service has the meaning given that term in',
'section 2510 of title 18, united states code; 3 the term office of the saa means the office of the',
'sergeant at arms and doorkeeper of the senate; 4 the term provider for a senate office means a provider of',
'electronic communication service or remote computing service directly commissioned or used by a senate office to provide such services; 5',
'the term remote computing service has the meaning given that term in section 2711 of title 18, united states code;',
'6 the term senate data, with respect to a senate office, means any electronic mail or other electronic or data',
'communication, other data including metadata , or other information of the senate office; and 7 the term senate office means',
'a committee or office of the senate, including a senator, an officer of the senate, or an employee of, intern',
'at, or other agent of a committee or office of the senate. b treatment. 1 retaining possession. a in general.',
'a senate office shall be deemed to retain possession of any senate data of the senate office, without regard to',
'the use by the senate office of any individual or entity described in paragraph 2 for the purposes of any',
'function or service described in paragraph 2 . b rule of construction. subparagraph a shall not be construed to limit',
'the use by an intended recipient of any senate data from a senate office. 2 sergeant at arms and providers',
'for a senate office. the office of the saa, any officer, employee, or agent of the office of the saa,',
'and any provider for a senate office shall not be treated as acquiring possession, custody, or control of any senate',
'data by reason of its being transmitted, processed, or stored whether temporarily or otherwise through the use of an electronic',
'system established, maintained, or operated, or the use of electronic services provided, in whole or in part page 134 stat.',
'3135 by the office of the saa, the officer, employee, or agent of the office of the saa, or the',
'provider for the senate office. c notification. notwithstanding any other provision of law or rule of civil or criminal procedure,',
'the office of the saa, any officer, employee, or agent of the office of the saa, and any provider for',
'a senate office that is providing services to or used by a senate office shall not be barred, through operation',
'of any court order or any statutory provision, from notifying the senate office of any legal process seeking disclosure of',
'senate data of the senate office that is transmitted, processed, or stored whether temporarily or otherwise through the use of',
'an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by',
'the office of the saa, the officer, employee, or agent of the office of the saa, or the provider for',
'a senate office. d motions to quash or modify. upon a motion made promptly by a senate office or provider',
'for a senate office, a court of competent jurisdiction shall quash or modify any legal process directed to the provider',
'for a senate office if compliance with the legal process would require the disclosure of senate data of the senate',
'office. e note: consultation. information regarding implications of using providers. the office of the saa, in consultation with the senate',
'legal counsel, shall provide information to each senate office that commissions or uses a provider of electronic communication service or',
'remote computing service to provide such services to the senate office regarding the potential constitutional implications and the potential impact',
'on privileges that may be asserted by the senate office. f applicable privileges. nothing in this section shall be construed',
'to limit or supersede any applicable privilege, immunity, or other objection that may apply to the disclosure of senate data.',
'g preemption. except as provided in this section, any provision of law or rule of civil or criminal procedure of',
'any state, political subdivision, or agency thereof, which is inconsistent with this section shall be deemed to be preempted and',
'superseded.. b 1 note: 2 usc 6628 note. in this subsection, the terms senate data and senate office have the',
'meanings given such terms in section 10 of the legislative branch appropriations act, 2005, as amended by subsection a of',
'this section. 2 the amendments made by this section shall a take effect as though included in the legislative branch',
'appropriations act, 2005 division g of public law 108 447; 118 stat. 3166 ; and b apply with respect to',
'i note: data. any legal process seeking disclosure of senate data of a senate office that is filed, issued, or',
'made on or after the date of enactment of this act; and ii any matter that is pending on or',
'after the date of enactment of this act that relates to legal process described in clause i that is filed,',
'issued, or made before the date of enactment of this act, unless the senate data of the senate office was',
'disclosed in accordance with such legal process before the date of enactment of this act. page 134 stat. 3136 title',
'v repeal of requirement to sell certain federal property in plum island, new york sec. 501. repeal of requirement to',
'sell certain federal property in plum island, new york. a repeal of requirement in public law 110 329. section 540',
'of the department of homeland security appropriations act, 2009 division d of public law 110 329; 122 stat. 3688 is',
'repealed. b repeal of requirement in public law 112 74. section 538 of the department of homeland security appropriations act,',
'2012 6 u.s.c. 190 note; division d of public law 112 74 is repealed. c note: 6 usc 190 note.',
'requirement. the administrator of general services shall ensure that 1 federal property commonly known as plum island, new york, including',
'the orient point facility, all real and personal property and transportation assets that support plum island operations and access to',
'plum island, be disposed of as a single consolidated asset; and 2 such disposal is subject to conditions as may',
'be necessary to protect government interests and meet program requirements. title vi preventing note: preventing online sales of e cigarettes',
'to children act. online sales of e cigarettes to children sec. 601. note: 15 usc 375 note. short title. this',
'title may be cited as the preventing online sales of e cigarettes to children act. sec. 602. amendments to the',
'jenkins act. a in general. the act entitled an act to assist states in collecting sales and use taxes on',
'cigarettes, approved october 19, 1949 commonly known as the jenkins act 15 u.s.c. 375 et seq. , is amended 1',
'in section 1 15 u.s.c. 375 a in paragraph 2 a ii i by striking includes roll your own tobacco',
'and inserting the following: includes i roll your own tobacco; ii in subclause i , as so designated, by striking',
'the period at the end and inserting ; and; and iii by adding at the end the following: ii an',
'electronic nicotine delivery system. ; b by redesignating paragraphs 7 through 14 as paragraphs 8 through 15 , respectively; and',
'c by inserting after paragraph 6 the following: 7 electronic nicotine delivery system. the term electronic nicotine delivery system a',
'means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling',
'from the device; b includes page 134 stat. 3137 i an e cigarette; ii an e hookah; iii an e',
'cigar; iv a vape pen; v an advanced refillable personal vaporizer; vi an electronic pipe; and vii any component, liquid,',
'part, or accessory of a device described in subparagraph a , without regard to whether the component, liquid, part, or',
'accessory is sold separately from the device; and c does not include a product that is i approved by the',
'food and drug administration for i sale as a tobacco cessation product; or ii any other therapeutic purpose; and ii',
'marketed and sold solely for a purpose described in clause i . ; and 2 in section 2a b 1',
'15 u.s.c. 376a b 1 , by inserting nicotine/ after cigarettes/. b note: 15 usc 375 note. effective date. this',
'section, and the amendments made by this section, shall take effect on the date that is 90 days after the',
'date of enactment of this act. c note: 15 usc 375 note. rule of construction. nothing in this section, or',
'an amendment made by this section, may be construed to affect or otherwise alter any provision of the federal food,',
'drug, and cosmetic act 21 u.s.c. 301 et seq. , including its implementing regulations. sec. 603. note: 18 usc 1716e',
'note. nonmailability of electronic nicotine delivery systems. a note: deadline. regulations. not later than 120 days after the date of',
'enactment of this act, the united states postal service shall promulgate regulations to clarify the applicability of the prohibition on',
'mailing of cigarettes under section 1716e of title 18, united states code, to electronic nicotine delivery systems, in accordance with',
'the amendment to the definition of cigarette made by section 602. b effective date. the prohibition on mailing of cigarettes',
'under section 1716e of title 18, united states code, shall apply to electronic nicotine delivery systems on and after the',
'date on which the united states postal service promulgates regulations under subsection a of this section. title vii fafsa note:',
'fafsa simplification act. simplification sec. 701. short title; effective date. a note: 20 usc 1001 note. short title. this title',
'may be cited as the fafsa simplification act. b note: 20 usc 1001 note. applicability. general effective date. except as',
'otherwise expressly provided, this act, and the amendments made by this title to the higher education act of 1965 20',
'u.s.c. 1001 et seq. , shall take effect on july 1, 2023, and shall apply with respect to award year',
'2023 2024 and each subsequent award year, as determined under the higher education act of 1965. the secretary of education',
'shall have the authority to take such steps as are necessary before page 134 stat. 3138 july 1, 2023, to',
'provide for the orderly implementation on such date of the amendments to the higher education act of 1965 made by',
'this act. sec. 702. note: determinations. making it easier to apply for federal aid and making that aid predictable. a',
'need analysis. 1 in general. section 471 of the higher education act of 1965 20 u.s.c. 1087kk is amended to',
'read as follows: sec. 471. amount of need. except as otherwise provided therein, for award year 2023 2024 and each',
'subsequent award year, the amount of need of any student for financial assistance under this title except subpart 1 or',
'2 of part a is equal to 1 the cost of attendance of such student, minus 2 the student aid',
'index as defined in section 473 for such student, minus 3 other financial assistance not received under this title as',
'defined in section 480 i .. 2 maximum aid under part d. section 451 of the higher education act of',
'1965 20 u.s.c. 1087a is amended by adding at the end the following: c maximum aid. the maximum dollar amount',
'of financial assistance provided under this part to a student shall not exceed the cost of attendance for such student..',
'3 note: 20 usc 1001 note. guidance to states. the secretary of education shall issue guidance for states on interpretation',
'and implementation of the terminology and formula adjustments made to the higher education act of 1965 20 u.s.c. 1001 et',
'seq. under the amendments by this act, including the student aid index, formerly known as the expected family contribution, and',
'the need analysis formulas. b cost of attendance and student aid index. sections 472 and 473 of the higher education',
'act of 1965 20 u.s.c. 1087ll and 1087mm are amended to read as follows: sec. 472. cost of attendance. a',
'in general. for the purpose of this title, the term cost of attendance means 1 tuition and fees normally assessed',
'a student carrying the same academic workload as determined by the institution; 2 an allowance for books, course materials, supplies,',
'and equipment, which shall include all such costs required of all such students in the same course of study, including',
'a reasonable allowance for the documented rental or upfront purchase of a personal computer, as determined by the institution; 3',
'an allowance for transportation, which may include transportation between campus, residences, and place of work, as determined by the institution;',
'4 an allowance for miscellaneous personal expenses, for a student attending the institution on at least a half time basis,',
'as determined by the institution; 5 an allowance for living expenses, including food and housing costs, to be incurred by',
'the student attending the institution on at least a half time basis, as determined by the institution, which shall include',
'page 134 stat. 3139 a for a student electing institutionally owned or operated food services, such as board or meal',
'plans, a standard allowance for such services that provides the equivalent of three meals each day; b for a student',
'not electing institutionally owned or operated food services, such as board or meal plans, a standard allowance for purchasing food',
'off campus that provides the equivalent of three meals each day; c for a student without dependents residing in institutionally',
'owned or operated housing, a standard allowance determined by the institution based on the average or median amount assessed to',
'such residents for housing charges, whichever is greater; d for a student with dependents residing in institutionally owned or operated',
'housing, a standard allowance determined by the institution based on the average or median amount assessed to such residents for',
'housing charges, whichever is greater; e for a student living off campus, and not in institutionally owned or operated housing,',
'a standard allowance for rent or other housing costs; f for a dependent student residing at home with parents, a',
'standard allowance that shall not be zero determined by the institution; g for a student living in housing located on',
'a military base or for which a basic allowance is provided under section 403 b of title 37, united states',
'code, a standard allowance for food based upon such students choice of purchasing food on campus or off campus determined',
'respectively in accordance with subparagraph a or b , but not for housing costs; and h for all other students,',
'an allowance based on the expenses reasonably incurred by such students for housing and food; 6 for a student engaged',
'in a program of study by correspondence, only tuition and fees and, if required, books and supplies, travel, and housing',
'and food costs incurred specifically in fulfilling a required period of residential training; 7 for a confined or incarcerated student,',
'only tuition, fees, books, course materials, supplies, equipment, and the cost of obtaining a license, certification, or a first professional',
'credential in accordance with paragraph 14 ; 8 for a student enrolled in an academic program in a program of',
'study abroad approved for credit by the students home institution, reasonable costs associated with such study as determined by the',
'institution at which such student is enrolled ; 9 for a student with one or more dependents, an allowance based',
'on the estimated actual expenses incurred for such dependent care, based on the number and age of such dependents, except',
'that a such allowance shall not exceed the reasonable cost in the community in which such student resides for the',
'kind of care provided; and b the period for which dependent care is required includes, but is not limited to,',
'class time, study time, field work, internships, and commuting time; page 134 stat. 3140 10 for a student with a',
'disability, an allowance as determined by the institution for those expenses related to the students disability, including special services, personal',
'assistance, transportation, equipment, and supplies that are reasonably incurred and not provided for by other assisting agencies; 11 for a',
'student receiving all or part of the students instruction by means of telecommunications technology, no distinction shall be made with',
'respect to the mode of instruction in determining costs; 12 for a student engaged in a work experience under a',
'cooperative education program, an allowance for reasonable costs associated with such employment as determined by the institution ; 13 for',
'a student who receives a federal student loan made under this title or any other federal law, to cover a',
'students cost of attendance at the institution, an allowance for the actual cost of any loan fee, origination fee, or',
'insurance premium charged to such student or the parent of such student on such loan; and 14 for a student',
'in a program requiring professional licensure, certification, or a first professional credential, the cost of obtaining the license, certification, or',
'a first professional credential. b special rule for living expenses for less than half time students. for students attending an',
'institution of higher education less than half time, an institution of higher education may include an allowance for living expenses,',
'including food and housing costs in accordance with subsection a 4 for up to three semesters, or the equivalent, with',
'no more than two semesters being consecutive. c disclosure of cost of attendance elements. each institution shall make publicly available',
'on the institutions website a list of all the elements of cost of attendance described in paragraphs 1 through 14',
'of subsection a , and shall disclose such elements on any portion of the website describing tuition and fees of',
'the institution. sec. 473. special rules for student aid index. a note: definition. in general. for the purpose of this',
'act, the term student aid index means, with respect to a student, an index that reflects an evaluation of a',
'students approximate financial resources to contribute toward the students postsecondary education for the academic year, as determined in accordance with',
'this part. b special rule for students eligible for the total maximum pell grant. the secretary shall consider an applicant',
'to automatically have a student aid index equal to zero if the applicant is eligible for the total maximum federal',
'pell grant under section 401 b 1 a , except that, if the applicant has a calculated student aid index',
'of less than zero the secretary shall consider the negative number as the student aid index for the applicant. c',
'special rule for nonfilers. notwithstanding subsection b , for an applicant or, as applicable, an applicant and spouse, or an',
'applicants parents who is not required to file a federal tax return for the second preceding tax year, the secretary',
'page 134 stat. 3141 shall for the purposes of this title consider the student aid index as equal to $1,500',
'for the applicant.. c determination of student aid index. section 474 of the higher education act of 1965 20 u.s.c.',
'1087nn is amended to read as follows: sec. 474. determination of student aid index. the student aid index 1 for',
'a dependent student shall be determined in accordance with section 475; 2 for a single independent student or a married',
'independent student without dependents other than a spouse shall be determined in accordance with section 476; and 3 for an',
'independent student with dependents other than a spouse shall be determined in accordance with section 477.. d student aid index',
'for dependent students. section 475 of the higher education act of 1965 20 u.s.c. 1087oo is amended to read as',
'follows: sec. 475. student aid index for dependent students. a computation of student aid index. 1 note: assessments. in general.',
'except as provided in paragraph 2 , for each dependent student, the student aid index is equal to the sum',
'of a the assessment of the parents adjusted available income determined in accordance with subsection b ; b the assessment',
'of the students available income determined in accordance with subsection g ; and c the students available assets determined in',
'accordance with subsection h . 2 exception. if the sum determined under paragraph 1 with respect to a dependent student',
'is less than $1,500, the student aid index for the dependent student shall be $1,500. b assessment of parents adjusted',
'available income. the assessment of parents adjusted available income is equal to the amount determined by 1 computing adjusted available',
'income by adding a the parents available income determined in accordance with subsection c ; and b the parents available',
'assets determined in accordance with subsection d ; 2 assessing such adjusted available income in accordance with the assessment schedule',
'set forth in subsection e ; and 3 considering such assessment resulting under paragraph 2 as the amount determined under',
'this subsection. c parents available income. 1 in general. the parents available income is determined by subtracting from total income',
'as defined in section 480 a federal income taxes; b an allowance for payroll taxes, determined in accordance with paragraph',
'2 ; c an income protection allowance, determined in accordance with paragraph 3 ; and d an employment expense allowance,',
'determined in accordance with paragraph 4 . page 134 stat. 3142 2 allowance for payroll taxes. the allowance for payroll',
'taxes is equal to the sum of a the total amount earned by the parents, multiplied by the rate of',
'tax under section 3101 b of the internal revenue code of 1986; and b the amount earned by the parents',
'that does not exceed such contribution and benefit base twice such contribution and benefit base, in the case of a',
'joint return for the year of the earnings, multiplied by the rate of tax applicable to such earnings under section',
'3101 a of the internal revenue code of 1986. 3 income protection allowance. the income protection allowance shall equal the',
'amount determined in the following table, as adjusted by the secretary pursuant to section 478 b : income protection allowance',
'to be adjusted for 2023 2024 and succeeding years family size including student amount 2 $23,330 3 $29,040 4 $35,870',
'5 $42,320 6 $49,500 for each additional add $5,590. 4 employment expense allowance. the employment expense allowance is equal to',
'the lesser of $4,000 or 35 percent of the single parents earned income or married parents combined earned income as',
'adjusted by the secretary pursuant to section 478 g . d parents available assets. 1 in general. a determination. except',
'as provided in subparagraph b , the parents available assets are equal to i the difference between the parents assets',
'and the asset protection allowance determined in accordance with paragraph 2 ; multiplied by ii 12 percent. b not less',
'than zero. the parents available assets under this subsection shall not be less than zero. 2 asset protection allowance. the',
'asset protection allowance is calculated based on the following table as revised by the secretary pursuant to section 478 d',
': asset protection allowances for parents of dependent students and there are two parents one parent if the age of',
'the oldest parent is then the allowance is 25 or less $0 $0 26 $400 $100 27 $700 $300 page',
'134 stat. 3143 28 $1,100 $400 29 $1,500 $600 30 $1,800 $700 31 $2,200 $800 32 $2,600 $1,000 33 $2,900',
'$1,100 34 $3,300 $1,300 35 $3,700 $1,400 36 $4,000 $1,500 37 $4,400 $1,700 38 $4,800 $1,800 39 $5,100 $2,000 40',
'$5,500 $2,100 41 $5,600 $2,200 42 $5,700 $2,200 43 $5,900 $2,300 44 $6,000 $2,300 45 $6,200 $2,400 46 $6,300 $2,400',
'47 $6,500 $2,500 48 $6,600 $2,500 49 $6,800 $2,600 50 $7,000 $2,700 51 $7,100 $2,700 52 $7,300 $2,800 53 $7,500',
'$2,900 54 $7,700 $2,900 55 $7,900 $3,000 56 $8,100 $3,100 57 $8,400 $3,100 58 $8,600 $3,200 59 $8,800 $3,300 60',
'$9,100 $3,400 61 $9,300 $3,500 62 $9,600 $3,600 63 $9,900 $3,700 64 $10,200 $3,800 65 or more $10,500 $3,900. e',
'assessment schedule. the assessment of the parents adjusted available income as determined under subsection b 1 and hereafter in this',
'subsection referred to as aai is calculated based on the following table as revised by the secretary pursuant to section',
'478 e : page 134 stat. 3144 parents contribution from aai then the parents contribution if the parents aai is',
'from aai is less than $6,820 $1,500 $6,820 to $17,400 22% of aai $17,401 to $21,800 $3,828 + 25% of',
'aai over $17,400 $21,801 to $26,200 $4,928 + 29% of aai over $21,800 $26,201 to $30,700 $6,204 + 34% of',
'aai over $26,200 $30,701 to $35,100 $7,734 + 40% of aai over $30,700 $35,101 or more $9,494 + 47% of',
'aai over $35,100. f consideration of parental income. 1 parents who live together. parental income and assets in the case',
'of student whose parents are married and not separated, or who are unmarried but live together, shall include the income',
'and assets of both parents. 2 divorced or separated parents. parental income and assets for a student whose parents are',
'divorced or separated, but not remarried, is determined by including only the income and assets of the parent who provides',
'the greater portion of the students financial support. 3 death of a parent. parental income and assets in the case',
'of the death of any parent is determined as follows: a if either of the parents has died, the surviving',
'parent shall be considered a single parent, until that parent has remarried. b if both parents have died, the student',
'shall not report any parental income or assets. 4 remarried parents. if a parent whose income and assets are taken',
'into account under paragraph 2 , or if a parent who is a widow or widower and whose income is',
'taken into account under paragraph 3 , has remarried, the income of that parents spouse shall be included in determining',
'the parents assessment of adjusted available income if the students parent and the stepparent are married as of the date',
'of application for the award year concerned. 5 single parent who is not divorced or separated. parental income and assets',
'in the case of a student whose parent is not described in paragraph 1 and is a single parent who',
'is not divorced, separated, or remarried, shall include the income and assets of such single parent. g students available income.',
'1 in general. the students available income is equal to a the difference between the students total income determined in',
'accordance with section 480 and the adjustment to student income determined in accordance with paragraph 2 ; multiplied by b',
'50 percent. 2 adjustment to student income. the adjustment to student income is equal to the sum of a federal',
'income taxes; b an allowance for payroll taxes determined in accordance with paragraph 3 ; c an income protection allowance',
'that is equal to $9,410, as adjusted pursuant to section 478 b ; and page 134 stat. 3145 d an',
'allowance for parents negative available income, determined in accordance with paragraph 4 . 3 allowance for payroll taxes. the allowance',
'for payroll taxes is equal to the sum of a the total amount earned by the student, multiplied by the',
'rate of tax under section 3101 b of the internal revenue code of 1986; and b the amount earned by',
'the student that does not exceed such contribution and benefit base for the year of the earnings, multiplied by the',
'rate of tax applicable to such earnings under section 3101 a of the internal revenue code of 1986. 4 allowance',
'for parents negative available income. the allowance for parents negative available income is the amount, if any, by which the',
'sum of the amounts deducted under subsection c 1 exceeds the sum of the parents total income as defined in',
'section 480 and the parents available assets as determined in accordance with subsection d . h students assets. the students',
'assets are determined by calculating the assets of the student and multiplying such amount by 20 percent, except that the',
'result shall not be less than zero.. e student aid index for independent students without dependents other than a spouse.',
'section 476 of the higher education act of 1965 20 u.s.c. 1087pp is amended to read as follows: sec. 476.',
'student aid index for independent students without dependents other than a spouse. a computation of student aid index. 1 in',
'general. for each independent student without dependents other than a spouse, the student aid index is equal to except as',
'provided in paragraph 2 the sum of a the familys available income determined in accordance with subsection b ; and',
'b the familys available assets determined in accordance with subsection c . 2 exception. if the sum determined under paragraph',
'1 with respect to an independent student without dependents other than a spouse is less than $1,500, the student aid',
'index for the independent student shall be $1,500. b familys available income. 1 in general. the familys available income is',
'determined by a deducting from total income as defined in section 480 i federal income taxes; ii an allowance for',
'payroll taxes, determined in accordance with paragraph 2 ; iii an income protection allowance that is equal to i in',
'the case of a single independent student without dependents, $14,630, as adjusted pursuant to section 478 b ; and ii',
'in the case of a married independent student without dependents, $23,460, as adjusted pursuant to section 478 b ; and',
'page 134 stat. 3146 iv in the case of a married independent student, an employment expense allowance, as determined in',
'accordance with paragraph 3 ; and b multiplying the amount determined under subparagraph a by 50 percent. 2 allowance for',
'payroll taxes. the allowance for payroll taxes is equal to the sum of a the total amount earned by the',
'student and spouse, if appropriate , multiplied by the rate of tax under section 3101 b of the internal revenue',
'code of 1986; and b the amount earned by the student and spouse, if appropriate that does not exceed such',
'contribution and benefit base twice such contribution and benefit base, in the case of a joint return for the year',
'of the earnings, multiplied by the rate of tax applicable to such earnings under section 3101 a of the internal',
'revenue code of 1986. 3 employment expense allowance. the employment expense allowance is equal to the following: a if the',
'student is married, such allowance is equal to the lesser of $4,000 or 35 percent of the couples combined earned',
'income as adjusted by the secretary pursuant to section 478 g . b if the student is not married, the',
'employment expense allowance is zero. c familys available assets. 1 in general. a determination. except as provided in subparagraph b',
', the familys available assets are equal to i the difference between the familys assets as defined in section 480',
'f and the asset protection allowance determined in accordance with paragraph 2 ; multiplied by ii 20 percent. b not',
'less than zero. the familys available assets under this subsection shall not be less than zero. 2 asset protection allowance.',
'the asset protection allowance is calculated based on the following table as revised by the secretary pursuant to section 478',
'd : asset protection allowances for families and students and the student is married single if the age of the',
'student is then the allowance is 25 or less $0 $0 26 $400 $100 27 $700 $300 28 $1,100 $400',
'29 $1,500 $600 30 $1,800 $700 31 $2,200 $800 32 $2,600 $1,000 33 $2,900 $1,100 34 $3,300 $1,300 page 134',
'stat. 3147 35 $3,700 $1,400 36 $4,000 $1,500 37 $4,400 $1,700 38 $4,800 $1,800 39 $5,100 $2,000 40 $5,500 $2,100',
'41 $5,600 $2,200 42 $5,700 $2,200 43 $5,900 $2,300 44 $6,000 $2,300 45 $6,200 $2,400 46 $6,300 $2,400 47 $6,500',
'$2,500 48 $6,600 $2,500 49 $6,800 $2,600 50 $7,000 $2,700 51 $7,100 $2,700 52 $7,300 $2,800 53 $7,500 $2,900 54',
'$7,700 $2,900 55 $7,900 $3,000 56 $8,100 $3,100 57 $8,400 $3,100 58 $8,600 $3,200 59 $8,800 $3,300 60 $9,100 $3,400',
'61 $9,300 $3,500 62 $9,600 $3,600 63 $9,900 $3,700 64 $10,200 $3,800 65 or more $10,500 $3,900. d computations in',
'case of separation, divorce, or death. in the case of a student who is divorced or separated, or whose spouse',
'has died, the spouses income and assets shall not be considered in determining the familys available income or assets.. f',
'student aid index for independent students with dependents other than a spouse. section 477 of the higher education act of',
'1965 20 u.s.c. 1087qq is amended to read as follows: sec. 477. student aid index for independent students with dependents',
'other than a spouse. a computation of student aid index. 1 in general. for each independent student with dependents other',
'than a spouse, the student aid index is equal to the amount determined by a computing adjusted available income by',
'adding page 134 stat. 3148 i the familys available income determined in accordance with subsection b ; and ii the',
'familys available assets determined in accordance with subsection c ; b assessing such adjusted available income in accordance with an',
'assessment schedule set forth in subsection d ; and c considering such assessment resulting under subparagraph b as the amount',
'determined under this subsection. 2 exception. if the sum determined under paragraph 1 with respect to an independent student with',
'dependents other than a spouse is less than $1,500, the student aid index for the independent student shall be $1,500.',
'b familys available income. 1 in general. the familys available income is determined by deducting from total income as defined',
'in section 480 a federal income taxes; b an allowance for payroll taxes, determined in accordance with paragraph 2 ;',
'c an income protection allowance, determined in accordance with paragraph 3 ; and d an employment expense allowance, determined in',
'accordance with paragraph 4 . 2 allowance for payroll taxes. the allowance for payroll taxes is equal to the sum',
'of a the total amount earned by the student and spouse, if appropriate , multiplied by the rate of tax',
'under section 3101 b of the internal revenue code of 1986; and b the amount earned by the student and',
'spouse, if appropriate that does not exceed such contribution and benefit base twice such contribution and benefit base, in the',
'case of a joint return for the year of the earnings, multiplied by the rate of tax applicable to such',
'earnings under section 3101 a of the internal revenue code of 1986. 3 income protection allowance. the income protection allowance',
'shall equal the amount determined in the following table, as adjusted by the secretary pursuant to section 478 b :',
'a in the case of a married independent student with dependents: income protection allowance to be adjusted for 2023 2024',
'and succeeding years family size including student amount 3 $46,140 4 $56,970 5 $67,230 6 $78,620 for each additional add',
'$8,880. b in the case of a single independent student with dependents: page 134 stat. 3149 income protection allowance to',
'be adjusted for 2023 2024 and succeeding years family size including student amount 2 $43,920 3 $54,690 4 $67,520 5',
'$79,680 6 $93,180 for each additional add $10,530. 4 employment expense allowance. the employment expense allowance is equal to the',
'lesser of $4,000 or 35 percent of the students earned income or the combined earned income of the student and',
'the students spouse, if applicable as adjusted by the secretary pursuant to section 478 g . c familys available assets.',
'1 in general. a determination. except as provided in subparagraph b , the familys available assets are equal to i',
'the difference between the familys assets as defined in 480 f and the asset protection allowance determined in accordance with',
'paragraph 2 ; multiplied by ii 7 percent. b not less than zero. the familys available assets under this subsection',
'shall not be less than zero. 2 asset protection allowance. the asset protection allowance is calculated based on the following',
'table as revised by the secretary pursuant to section 478 d : asset protection allowances for families and students and',
'the student is married single if the age of the student is then the allowance is 25 or less $0',
'$0 26 $400 $100 27 $700 $300 28 $1,100 $400 29 $1,500 $600 30 $1,800 $700 31 $2,200 $800 32',
'$2,600 $1,000 33 $2,900 $1,100 34 $3,300 $1,300 35 $3,700 $1,400 36 $4,000 $1,500 37 $4,400 $1,700 38 $4,800 $1,800',
'39 $5,100 $2,000 40 $5,500 $2,100 41 $5,600 $2,200 42 $5,700 $2,200 page 134 stat. 3150 43 $5,900 $2,300 44',
'$6,000 $2,300 45 $6,200 $2,400 46 $6,300 $2,400 47 $6,500 $2,500 48 $6,600 $2,500 49 $6,800 $2,600 50 $7,000 $2,700',
'51 $7,100 $2,700 52 $7,300 $2,800 53 $7,500 $2,900 54 $7,700 $2,900 55 $7,900 $3,000 56 $8,100 $3,100 57 $8,400',
'$3,100 58 $8,600 $3,200 59 $8,800 $3,300 60 $9,100 $3,400 61 $9,300 $3,500 62 $9,600 $3,600 63 $9,900 $3,700 64',
'$10,200 $3,800 65 or more $10,500 $3,900. d assessment schedule. the assessment of adjusted available income as determined under subsection',
'a 1 and hereafter in this subsection referred to as aai is calculated based on the following table as revised',
'by the secretary pursuant to section 478 e : assessment from adjusted available income if aai is then the assessment',
'is less than $6,820 $1,500 $6,820 to $17,400 22% of aai $17,401 to $21,800 $3,828 + 25% of aai over',
'$17,400 $21,801 to $26,200 $4,928 + 29% of aai over $21,800 $26,201 to $30,700 $6,204 + 34% of aai over',
'$26,200 $30,701 to $35,100 $7,734 + 40% of aai over $30,700 $35,101 or more $9,494 + 47% of aai over',
'$35,100. e computations in case of separation, divorce, or death. in the case of a student who is divorced or',
'separated, or whose spouse has died, the spouses income and assets shall not be considered in determining the familys available',
'income or assets.. g regulations; updated tables. section 478 of the higher education act of 1965 20 u.s.c. 1087rr is',
'amended to read as follows: page 134 stat. 3151 sec. 478. regulations; updated tables. a authority to prescribe regulations restricted.',
'notwithstanding any other provision of law, the secretary shall not have the authority to prescribe regulations to carry out this',
'part except 1 to prescribe updated tables in accordance with subsections b through g ; and 2 with respect to',
'the definition of cost of attendance under section 472, excluding section 472 a 1 . b note: time periods. federal',
'register, publication. income protection allowance adjustments. for award year 2023 2024 and each subsequent award year, the secretary shall publish',
'in the federal register revised income protection allowances for the purposes of subsections c 3 and g 2 c of',
'section 475, subclauses i and ii of section 476 b 1 a iii , and section 477 b 3 ,',
'by increasing the income protection allowances in each of such provisions, by a percentage equal to the percentage increase in',
'the consumer price index, as defined in subsection f , between april 2020 and the april in the year prior',
'to the beginning of the award year and rounding the result to the nearest $10. c adjusted net worth of',
'a farm or business. 1 table. the table of the net worth of a farm or business for purposes of',
'making determinations of assets as defined under section 480 f is the following: farm/business net worth adjustment if the net',
'worth of a farm or business then the adjusted net worth is is less than $1 $0 $1 to $140,000',
'40% of net worth of farm/ business $140,001 to $415,000 $56,000 + 50% of net worth over $140,000 $415,001 to',
'$695,000 $193,500 + 60% of net worth over $415,000 $695,001 or more $361,500 + 100% of net worth over $695,000.',
'2 note: time periods. federal register, publication. revised tables. for award year 2023 2024 and each subsequent award year, the',
'secretary shall publish in the federal register a revised table of the adjusted net worth of a farm or business',
'for purposes of section 480 f . such revised table shall be developed a by increasing each dollar amount that',
'refers to net worth of a farm or business by a percentage equal to the percentage increase in the consumer',
'price index between april 2020 and the april in the year prior to the beginning of such award year, and',
'rounding the result to the nearest $5,000; and b by adjusting the dollar amounts in the column referring to the',
'adjusted net worth to reflect the changes made pursuant to subparagraph a . d note: federal register, publication. asset protection',
'allowance. for award year 2023 2024 and each subsequent award year, the secretary shall publish in the federal register a',
'revised table of allowances for the purpose of sections 475 d 2 , 476 c 2 , and 477 c',
'2 . such revised table shall be developed by determining the present value cost, rounded to the nearest $100, of',
'an annuity that would provide, for each page 134 stat. 3152 age cohort of 40 and above, a supplemental income',
'at age 65 adjusted for inflation equal to the difference between the moderate family income as most recently determined by',
'the bureau of labor statistics , and the current average social security retirement benefits. for each age cohort below 40,',
'the allowance shall be computed by decreasing the allowance for age 40, as updated, by one fifteenth for each year',
'of age below age 40 and rounding the result to the nearest $100. in making such determinations 1 the tables',
'of allowances specified in sections 475 d 2 , 476 c 2 , and 477 c 2 shall be considered',
'to be for award year 2021 2022 for the purposes of calculating inflation; 2 inflation shall be presumed to be',
'6 percent per year; 3 the rate of return of an annuity shall be presumed to be 8 percent; and',
'4 the sales commission on an annuity shall be presumed to be 6 percent. e note: federal register, publication. assessment',
'schedules and rates. for award year 2023 2024 and each subsequent award year, the secretary shall publish in the federal',
'register a revised table of assessments from adjusted available income for the purpose of sections 475 e and 477 d',
'. such revised table shall be developed 1 by increasing each dollar amount that refers to adjusted available income by',
'a percentage equal to the percentage increase in the consumer price index between april 2020 and the april in the',
'year prior to the beginning of such academic year, rounded to the nearest $100; and 2 by adjusting the other',
'dollar amounts to reflect the changes made pursuant to paragraph 1 . f consumer price index defined. in this section,',
'the term consumer price index means the consumer price index for all urban consumers published by the department of labor.',
'each annual update of tables to reflect changes in the consumer price index shall be corrected for misestimation of actual',
'changes in such index in previous years. g employment expense allowance. for award year 2023 2024 and each succeeding award',
'year, the secretary note: federal register, publication. shall publish in the federal register a revised table of employment expense allowances',
'for the purpose of sections 475 c 4 , 476 b 3 , and 477 b 4 . such revised',
'table shall be developed by increasing the dollar amount specified in sections 475 c 4 , 476 b 3 ,',
'and 477 b 4 by a percentage equal to the percentage increase in the consumer price index, as defined in',
'subsection f , between april 2020 and the april in the year prior to the beginning of the award year',
'and rounding the result to the nearest $10. h clarification for award year 2023 2024. for award year 2023 2024,',
'the secretary shall determine adjusted amounts and prescribe revised tables with respect to the income protection, employment expense, and asset',
'protection allowances and the assessment schedules under sections 475, 476, and 477, pursuant to this section. the amounts and tables',
'specified in sections 475, 476, and 477 with respect to such allowances and schedules shall only be used by the',
'secretary as a baseline for adjustments and table revisions prescribed in accordance with this section.. h applicants exempt from asset',
'reporting. section 479 of the higher education act of 1965 20 u.s.c. 1087ss is amended to read as follows: page',
'134 stat. 3153 sec. 479. eligible applicants exempt from asset reporting. a in general. notwithstanding any other provision of law,',
'this section shall be effective for each individual seeking to apply for federal financial aid under this title, as part',
'of the simplified application for federal student financial aid under section 483, on or after july 1, 2023. b applicants',
'exempt from asset reporting. 1 in general. except as provided in paragraph 3 , in carrying out section 483, the',
'secretary shall not use asset information from an eligible applicant or, as applicable, the parent or spouse of an eligible',
'applicant. 2 note: definition. eligible applicants. in this subsection, the term eligible applicant means an applicant who meets at least',
'one of the following criteria: a is an applicant who qualifies for an automatic zero student aid index or negative',
'student aid index under subsection b or c of section 473. b is an applicant who is a dependent student',
'and the students parents have a total adjusted gross income excluding any income of the dependent student that is less',
'than $60,000 and do not file a schedule a, b, d, e, f, or h or equivalent successor schedules with',
'the federal income tax return for the second preceding tax year, and i do not file a schedule c or',
'the equivalent successor schedule with the federal income tax return for the second preceding tax year; or ii file a',
'schedule c or the equivalent successor schedule with net business income of not more than a $10,000 loss or gain',
'with the federal income tax return for the second preceding tax year. c is an applicant who is an independent',
'student and the student including the students spouse, if any has a total adjusted gross income that is less than',
'$60,000 and does not file a schedule a, b, d, e, f, or h or equivalent successor schedules , with',
'the federal income tax return for the second preceding tax year, and i does not file a schedule c or',
'the equivalent successor schedule with the federal income tax return for the second preceding tax year; or ii files a',
'schedule c or the equivalent successor schedule with net business income of not more than a $10,000 loss or gain',
'with the federal income tax return for the second preceding tax year. d is an applicant who, at any time',
'during the previous 24 month period, received a benefit under a means tested federal benefit program or whose parent or',
'spouse received such a benefit, as applicable . 3 special rule. an eligible applicant shall not be exempt from asset',
'reporting under this section if the applicant is a dependent student and the students parents do not a reside in',
'the united states or a united states territory; or b file taxes in the united states or a united states',
'territory, except if such nonfiling is due to not being required to file a federal tax return for the applicable',
'tax year due to a low income. page 134 stat. 3154 4 definitions. in this section: a schedule a. the',
'term schedule a means a form or information by a taxpayer to report itemized deductions. b schedule b. the term',
'schedule b means a form or information filed by a taxpayer to report interest and ordinary dividend income. c schedule',
'c. the term schedule c means a form or information filed by a taxpayer to report income or loss from',
'a business operated or a profession practiced as a sole proprietor. d schedule d . the term schedule d means',
'a form or information filed by a taxpayer to report sales, exchanges or some involuntary conversions of capital assets, certain',
'capital gain distributions, and nonbusiness bad debts. e schedule e . the term schedule e means a form or information',
'filed by a taxpayer to report income from rental properties, royalties, partnerships, s corporations, estates, trusts, and residual interests in',
'real estate mortgage investment conduits. f schedule f. the term schedule f means a form or information filed by a',
'taxpayer to report farm income and expenses. g schedule h. the term schedule h means a form or information filed',
'by a taxpayer to report household employment taxes. h means tested federal benefit program. the term means tested federal benefit',
'program means any of the following: i the supplemental security income program under title xvi of the social security act',
'42 u.s.c. 1381 et seq. . ii the supplemental nutrition assistance program under the food and nutrition act of 2008',
'7 u.s.c. 2011 et seq. , a nutrition assistance program carried out under section 19 of such act 7 u.s.c.',
'2028 , and a supplemental nutrition assistance program carried out under section 3 c of the act entitled an act',
'to authorize appropriations for certain insular areas of the united states, and for other purposes public law 95 348 .',
'iii the program of block grants for states for temporary assistance for needy families established under part a of title',
'iv of the social security act 42 u.s.c. 601 et seq. . iv 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 . v the',
'medicaid program under title xix of the social security act 42 u.s.c. 1396 et seq. . vi federal housing assistance',
'programs, including tenant based assistance under section 8 o of the united states housing act of 1937 42 u.s.c. 1437f',
'o , and public housing, as defined in section 3 b 1 of such act 42 u.s.c. 1437a b 1',
'. page 134 stat. 3155 vii other means tested programs determined by the secretary to be approximately consistent with the',
'income eligibility requirements of the means tested programs under clauses i through vi .. i discretion of student financial aid',
'administrators. section 479a of the higher education act of 1965 20 u.s.c. 1087tt is amended to read as follows: sec.',
'479a. discretion of student financial aid administrators. a in general. 1 authority of financial aid administrators. a financial aid administrator',
'shall have the authority to, on the basis of adequate documentation, make adjustments to any or all of the following',
'on a case by case basis: a for an applicant with special circumstances under subsection b to i the cost',
'of attendance; ii the values of the data used to calculate the student aid index; or iii the values of',
'the data used to calculate the federal pell grant award. b for an applicant with unusual circumstances under subsection c',
', to the dependency status of such applicant. 2 limitations on authority. a use of authority. no institution of higher',
'education or financial aid administrator shall maintain a policy of denying all requests for adjustments under this section. b no',
'additional fee. no student or parent shall be charged a fee for a documented interview of the student by the',
'financial aid administrator or for the review of a student or parents request for adjustments under this section including the',
'review of any supplementary information or documentation of a student or parents special circumstances or a students unusual circumstances. c',
'rule of construction. the authority to make adjustments under paragraph 1 a shall not be construed to permit financial aid',
'administrators to deviate from the cost of attendance, the values of data used to calculate the student aid index or',
'the values of data used to calculate the federal pell grant award or both for awarding aid under this title',
'in the absence of special circumstances. 3 adequate documentation. adequate documentation for adjustments under this section must substantiate the special',
'circumstances or unusual circumstances of an individual student, and may include, to the extent relevant and appropriate a a documented',
'interview between the student and the financial aid administrator; b for the purposes of determining that a student qualifies for',
'an adjustment under paragraph 1 b i submission of a court order or official federal or state documentation that the',
'student or the students parents or legal guardians are incarcerated in any federal or state penal institution; page 134 stat.',
'3156 ii a documented phone call or a written statement, which confirms the specific unusual circumstances with i a child',
'welfare agency authorized by a state or county; ii a tribal welfare authority or agency; iii an independent living case',
'worker, such as a case worker who supports current and former foster youth with the transition to adulthood; or iv',
'a public or private agency, facility, or program servicing the victims of abuse, neglect, assault, or violence, which may include',
'domestic violence; iii a documented phone call or a written statement from an attorney, a guardian ad litem, or a',
'court appointed special advocate, or a person serving in a similar capacity which confirms the specific unusual circumstances and documents',
'the persons relationship to the student; iv a documented phone call or written statement from a representative under chapter 1',
'or 2 of subpart 2 of part a, which confirms the specific unusual circumstances and documents the representatives relationship to',
'the student; v documents, such as utility bills or health insurance documentation, that demonstrate a separation from parents or legal',
'guardians; and vi in the absence of documentation described in this subparagraph, other documentation the financial aid administrator determines is',
'adequate to confirm the unusual circumstances, pursuant to section 480 d 9 ; and c supplementary information, as necessary, about',
'the financial status or personal circumstances of eligible applicants as it relates to the special circumstances or unusual circumstances based',
'on which the applicant is requesting an adjustment. 4 special rule. in making adjustments under paragraph 1 , a financial',
'aid administrator may offer a dependent student financial assistance under a federal direct unsubsidized stafford loan without requiring the parents',
'of such student to provide their parent information on the free application for federal student aid if the student does',
'not qualify for, or does not choose to use, the unusual circumstance option described in section 480 d 9 ,',
'and the financial aid administrator determines that the parents of such student ended financial support of such student or refuse',
'to file such form. 5 public disclosure. each institution of higher education shall make publicly available information that students applying',
'for aid under this title have the opportunity to pursue adjustments under this section. b adjustments for students with special',
'circumstances. 1 special circumstances for adjustments related to pell grants. special circumstances for adjustments to calculate a federal pell grant',
'award page 134 stat. 3157 a shall be conditions that differentiate an individual student from a group of students rather',
'than conditions that exist across a group of students; and b may include i recent unemployment of a family member',
'or student; ii a student or family member who is a dislocated worker as defined in section 3 of the',
'workforce innovation and opportunity act ; iii a change in housing status that results in an individual being a homeless',
'youth; iv an unusual amount of claimed losses against income on the federal tax return that substantially lower adjusted gross',
'income, such as business, investment, or real estate losses; v receipt of foreign income of permanent residents or united states',
'citizens exempt from federal taxation, or the foreign income for which a permanent resident or citizen received a foreign tax',
'credit; vi in the case of an applicant who does not qualify for the exemption from asset reporting under section',
'479, assets as defined in section 480 f ; or vii other changes or adjustments in the income, assets, or',
'size of a family, or a students dependency status. 2 special circumstances for adjustments related to cost of attendance and',
'student aid index. special circumstances for adjustments to the cost of attendance or the values of the data used to',
'calculate the student aid index a shall be conditions that differentiate an individual student from a group of students rather',
'than conditions that exist across a group of students, except as provided in sections 479b and 479c; and b may',
'include i tuition expenses at an elementary school or secondary school; ii medical, dental, or nursing home expenses not covered',
'by insurance; iii child care or dependent care costs not covered by the dependent care cost allowance calculated in accordance',
'with section 472; iv recent unemployment of a family member or student; v a student or family member who is',
'a dislocated worker as defined in section 3 of the workforce innovation and opportunity act ; vi the existence of',
'additional family members enrolled in a degree, certificate, or other program leading to a recognized educational credential at an institution',
'with a program participation agreement under section 487; vii a change in housing status that results in an individual being',
'a homeless youth; viii a condition of severe disability of the student, or in the case of a dependent student,',
'the dependent students parent or guardian, or in the case page 134 stat. 3158 of an independent student, the independent',
'students dependent or spouse; ix unusual amount of claimed losses against income on the federal tax return that substantially lower',
'adjusted gross income, such as business, investment, or real estate losses; or x other changes or adjustments in the income,',
'assets, or size of a family, or a students dependency status. c unusual circumstances adjustments. 1 in general. unusual circumstances',
'for adjustments to the dependency status of an applicant shall be a conditions that differentiate an individual student from a',
'group of students; and b based on unusual circumstances, pursuant to section 480 d 9 . 2 provisional independent students.',
'a requirements for the secretary. the secretary shall i enable each student who, based on an unusual circumstance described in',
'section 480 d 9 , may qualify for an adjustment under subsection a 1 b that will result in a',
'determination of independence under this section or section 479d to complete the free application for federal student aid as an',
'independent student for the purpose of a provisional determination of the students federal financial aid award, with the final determination',
'of the award subject to the documentation requirements of subsection a 3 ; ii upon completion of the free application',
'for federal student aid provide an estimate of the students federal pell grant award, and other information as specified in',
'section 483 a 3 a , based on the assumption that the student is determined to be an independent student;',
'and iii specify, on the free application for federal student aid, the consequences under section 490 a of knowingly and',
'willfully completing the free application for federal student aid as an independent student under clause i without meeting the unusual',
'circumstances to qualify for such a determination. b requirements for financial aid administrators. with respect to a student accepted for',
'admission who completes the free application for federal student aid as an independent student under subparagraph a , a financial',
'aid administrator shall i note: notification. notify the student of the institutional process, requirements, and timeline for an adjustment under',
'this section and section 480 d 9 that will result in a review of the students request for an adjustment',
'and a determination of the students dependency status under such sections within a reasonable time after the student completes the',
'free application for federal student aid; ii provide the student a final determination of the students dependency status and federal',
'financial page 134 stat. 3159 aid award as soon as practicable after all requested documentation is provided; iii retain all',
'documents related to the adjustment under this section and section 480 d 9 , including documented interviews, for at least',
'the duration of the students enrollment, and shall abide by all other record keeping requirements of this act; and iv',
'presume that any student who has obtained an adjustment under this section and section 480 d 9 and a final',
'determination of independence for any preceding award year at an institution of higher education to be independent for each subsequent',
'award year at the same institution unless i the student informs the institution that circumstances have changed; or ii the',
'institution has specific conflicting information about the students independence. c eligibility. if a student pursues provisional independent student status and',
'is not determined to be an independent student by a financial aid administrator, such student shall only be eligible for',
'a federal direct unsubsidized stafford loan for that award year unless such student subsequently completes the free application for federal',
'student aid as a dependent student. d adjustments to assets or income taken into account. a financial aid administrator shall',
'be considered to be making a necessary adjustment in accordance with this section if 1 the administrator makes adjustments excluding',
'from family income or assets any proceeds or losses from a sale of farm or business assets of a family',
'if such sale results from a voluntary or involuntary foreclosure, forfeiture, or bankruptcy or a voluntary or involuntary liquidation; or',
'2 the administrator makes adjustments for a condition of disability of a student, or in the case of a dependent',
'student, the dependent students parent or guardian, or in the case of an independent student, the independent students dependent or',
'spouse, so as to take into consideration the additional costs incurred as a result of such disability. e refusal or',
'adjustment of loan certifications. on a case by case basis, an eligible institution may refuse to use the authority provided',
'under this section, certify a statement that permits a student to receive a loan under part d, certify a loan',
'amount, or make a loan that is less than the students determination of need as determined under this part ,',
'if the reason for the action is documented and provided in writing to the student. no eligible institution shall discriminate',
'against any borrower or applicant in obtaining a loan on the basis of race, ethnicity, national origin, religion, sex, marital',
'status, age, or disability status. f special rule regarding professional judgment during a disaster, emergency, or economic downturn. 1 in',
'general. for the purposes of making a professional judgment under this section, financial aid administrators may, during a qualifying emergency',
'a determine that the income earned from work for an applicant is zero, if the applicant can provide paper or',
'electronic documentation of receipt of unemployment page 134 stat. 3160 benefits or confirmation that an application for unemployment benefits was',
'submitted; and b make additional appropriate adjustments to the income earned from work for a student, parent, or spouse, as',
'applicable, based on the totality of the familys situation, including consideration of unemployment benefits. 2 documentation. for the purposes of',
'documenting unemployment under paragraph 1 , documentation shall be accepted if such documentation is submitted not more than 90 days',
'from the date on which such documentation was issued, except if a financial aid administrator knows that the student, parent,',
'or spouse, as applicable, has already obtained other employment. 3 program reviews. the secretary shall make adjustments to the model',
'used to select institutions of higher education participating under this title for program reviews in order to account for any',
'rise in the use of professional judgment under this section during the award years applicable to the qualifying emergency, as',
'determined by the secretary. 4 qualifying emergency. in this subsection, the term qualifying emergency means a an event for which',
'the president declared a major disaster or an emergency under section 401 or 501, respectively, of the robert t. stafford',
'disaster relief and emergency assistance act 42 u.s.c. 5170 and 5191 ; b a national emergency related to the coronavirus',
'declared by the president under section 201 of the national emergencies act 50 u.s.c. 1601 et seq. ; or c',
'a period of recession or economic downturn as determined by the secretary, in consultation with the secretary of labor.. j',
'disregard of student aid in other programs. section 479b of the higher education act of 1965 20 u.s.c. 1087uu is',
'amended to read as follows: sec. 479b. disregard of student aid in other programs. notwithstanding any other provision of law,',
'student financial assistance received under this title, bureau of indian education student assistance programs, and employment and training programs under',
'section 134 of the workforce innovation and opportunity act 29 u.s.c. 3174 et. seq. shall not be taken into account',
'in determining the need or eligibility of any person for benefits or assistance, or the amount of such benefits or',
'assistance, under any federal, state, or local program financed in whole or in part with federal funds.. k native american',
'students. section 479c of the higher education act of 1965 20 u.s.c. 1087uu 1 is amended to read as follows:',
'sec. 479c. native american students. a in general. in determining the student aid index for native american students, computations performed',
'pursuant to this part shall exclude 1 any income and assets of $2,000 or less per individual payment received by',
'the student and spouse and students parents under public law 98 64 25 u.s.c. 117a et seq. ; 97 stat.',
'365 commonly known as the per capita act or the page 134 stat. 3161 indian tribal judgment funds use or',
'distribution act 25 u.s.c. 1401 et seq. ; and 2 any income received by the student and spouse and students',
'parents under the alaska native claims settlement act 43 u.s.c. 1601 et seq. or the maine indian claims settlement act',
'of 1980 25 u.s.c. 1721 et seq. . b guidance. the secretary shall develop guidance, in consultation with tribal colleges',
'and universities as defined in section 316 and the state higher education agency in alaska and maine, to implement the',
'determination under subsection a without adding additional questions to the fafsa, including through the use of the authority under section',
'479a.. l special rules for independent students. part f of title iv of the higher education act of 1965 20',
'u.s.c. 1087kk et seq. is further amended 1 by inserting after section 479c the following: sec. 479d. note: 20 usc',
'1087uu 2. special rules for independent students. a determination process for unaccompanied homeless youth. in making a determination of independence',
'under section 480 d 8 , a financial aid administrator shall comply with the following: 1 consider documentation of the',
'students circumstance to be adequate in the absence of documented conflicting information, if such documentation is provided through a documented',
'phone call, written statement, or verifiable electronic data match by a a local educational agency homeless liaison, designated pursuant to',
'section 722 g 1 j ii of the mckinney vento homeless assistance act 42 u.s.c. 11432 g 1 j ii',
'or a designee of the liaison; b the director of an emergency or transitional shelter, street outreach program, homeless youth',
'drop in center, or other program serving individuals who are experiencing homelessness, or a designee of the director; c the',
'director of a project supported by a federal trio program or a gaining early awareness and readiness for undergraduate program',
'grant under chapter 1 or 2 of subpart 2 of part a, or a designee of the director; or d',
'a financial aid administrator at another institution who documented the students circumstance in a prior award year. 2 if a',
'student is unable to provide documentation from any individual described in paragraph 1 , make a case by case determination,',
'which shall be a based on a written statement from, or a documented interview with, the student that confirms that',
'the student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self supporting; and b made without',
'regard to the reasons that the student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self',
'supporting. 3 consider a determination made under this subsection as distinct from a determination of independence under section 480 d',
'9 . page 134 stat. 3162 b documentation process for foster care youth. if an institution requires that a student',
'provide documentation that the student was in foster care when the student was age 13 or older, a financial aid',
'administrator shall consider any of the following as adequate documentation, in the absence of documented conflicting information: 1 submission of',
'a court order or official state documentation that the student received federal or state support in foster care. 2 a',
'documented phone call, written statement, or verifiable electronic data match, which confirms the student was in foster care at an',
'applicable age, from a a state, county, or tribal agency administering a program under part b or e of title',
'iv of the social security act 42 u.s.c. 621 et seq. and 670 et seq. ; b a state medicaid',
'agency; or c a public or private foster care placing agency or foster care facility or placement. 3 a documented',
'phone call or a written statement from an attorney, a guardian ad litem, or a court appointed special advocate that',
'confirms that the student was in foster care at an applicable age and documents the persons relationship to the student.',
'4 verification of the students eligibility for an education and training voucher under the john h. chafee foster care program',
'under section 477 of the social security act 42 u.s.c. 677 . 5 a documented phone call or written statement',
'from a financial aid administrator who documented the students circumstance in a prior award year. c timing. a determination of',
'independence under paragraph 2 , 8 , or 9 of section 480 d for a student 1 shall be made',
'as quickly as practicable; 2 may be made as early as the year before the award year for which the',
'student initially submits an application; and 3 note: deadline. shall be made not later than 60 days after the date',
'of the students enrollment during the award year for which the student initially submits an application. d use of earlier',
'determinations. 1 earlier determination by the institution. any student who is determined to be independent under paragraph 2 , 8',
', or 9 of section 480 d for a preceding award year at an institution shall be presumed to be',
'independent for each subsequent award year at the same institution unless a the student informs the institution that circumstances have',
'changed; or b the institution has specific conflicting information about the students independence and has informed the student of this',
'information. 2 earlier determination by another institution. a financial aid administrator may make a determination of independence pursuant to section',
'479a c , based upon a documented determination of independence that was previously made by another financial aid administrator under',
'such paragraph in the same award year. page 134 stat. 3163 e retention of documents. a financial aid administrator shall',
'retain all documents related to any determination of independence, including documented interviews, for at least the duration of the students',
'enrollment and an additional period prescribed by the secretary to enable a student to utilize the documents for the purposes',
'of subsection a 1 d , b 5 , or d of this section. ; and 2 by amending section',
'480 to read as follows: sec. 480. definitions. in this part: a total income. the term total income means the',
'amount equal to adjusted gross income for the second preceding tax year plus untaxed income and benefits for the second',
'preceding tax year minus excludable income for the second preceding tax year. the factors used to determine total income shall',
'be derived from the federal income tax return, if available, except for the applicants ability to indicate a qualified rollover',
'in the second preceding tax year as outlined in section 483 or foreign income described in subsection b 5 .',
'b untaxed income and benefits. the term untaxed income and benefits means 1 deductions and payments to self employed sep,',
'simple, keogh, and other qualified individual retirement accounts excluded from income for federal tax purposes, except such term shall not',
'include payments made to tax deferred pension and retirement plans, paid directly or withheld from earnings, that are not delineated',
'on the federal tax return; 2 tax exempt interest income; 3 untaxed portion of individual retirement account distributions; 4 untaxed',
'portion of pensions; and 5 foreign income of permanent residents of the united states or united states citizens exempt from',
'federal taxation, or the foreign income for which such a permanent resident or citizen receives a foreign tax credit. c',
'veterans and veterans education benefits. 1 the term veteran has the meaning given the term in section 101 2 of',
'title 38, united states code, and includes individuals who served in the united states armed forces as described in sections',
'101 21 , 101 22 , and 101 23 of title 38, united states code. 2 the term veterans education',
'benefits means veterans benefits under the following provisions of law: a chapter 103 of title 10, united states code senior',
'reserve officers training corps . b chapter 106a of title 10, united states code educational assistance for persons enlisting for',
'active duty . c chapter 1606 of title 10, united states code selected reserve educational assistance program . d chapter',
'1607 of title 10, united states code educational assistance program for reserve component members supporting contingency operations and certain other',
'operations . e chapter 30 of title 38, united states code all volunteer force educational assistance program, also known as',
'the montgomery gi bill active duty . page 134 stat. 3164 f chapter 31 of title 38, united states code',
'training and rehabilitation for veterans with service connected disabilities . g chapter 32 of title 38, united states code post',
'vietnam era veterans educational assistance program . h chapter 33 of title 38, united states code post 9/11 educational assistance',
'. i chapter 35 of title 38, united states code survivors and dependents educational assistance program . j section 903',
'of the department of defense authorization act, 1981 10 u.s.c. 2141 note educational assistance pilot program . k section 156',
'b of the joint resolution making further continuing appropriations and providing for productive employment for the fiscal year 1983, and',
'for other purposes 42 u.s.c. 402 note restored entitlement program for survivors, also known as quayle benefits . l the',
'provisions of chapter 3 of title 37, united states code, related to subsistence allowances for members of the reserve officers',
'training corps. d independent students and determinations. the term independent, when used with respect to a student, means any individual',
'who 1 is 24 years of age or older by december 31 of the award year; 2 is, or was',
'at any time when the individual was 13 years of age or older a an orphan; b a ward of',
'the court; or c in foster care; 3 is, or was immediately prior to attaining the age of majority, an',
'emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individuals state of legal',
'residence; 4 is a veteran of the armed forces of the united states as defined in subsection c or is',
'currently serving on active duty in the armed forces for other than training purposes; 5 is a graduate or professional',
'student; 6 is married and not separated; 7 has legal dependents other than a spouse; 8 is an unaccompanied homeless',
'youth or is unaccompanied, at risk of homelessness, and self supporting, without regard to such individuals age; and 9 is',
'a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances',
'pursuant to section 479a c in which the student is unable to contact a parent or where contact with parents',
'poses a risk to such student, which includes circumstances of a human trafficking, as described in the trafficking victims protection',
'act of 2000 22 u.s.c. 7101 et seq. ; b legally granted refugee or asylum status; c parental abandonment or',
'estrangement; or d student or parental incarceration. e note: definition. excludable income. the term excludable income means page 134 stat.',
'3165 1 an amount equal to the education credits described in paragraphs 1 and 2 of section 25a a of',
'the internal revenue code of 1986; 2 if an applicant elects to report it, college grant and scholarship aid included',
'in gross income on a federal tax return, including amounts attributable to grant and scholarship portions of fellowships and assistantships',
'and any national service educational award or post service benefit received by an individual under title i of the national',
'and community service act of 1990 42 u.s.c. 12511 et seq. , including awards, living allowances, and interest accrual payments;',
'and 3 income earned from work under part c of this title. f assets. 1 note: definition. in general. the',
'term assets means the amount in checking and savings accounts, time deposits, money market funds, investments, trusts, stocks, bonds, derivatives,',
'securities, mutual funds, tax shelters, qualified education benefits except as provided in paragraph 3 , the annual amount of child',
'support received and the net value of real estate, vacation homes, income producing property, and business and farm assets, determined',
'in accordance with section 478 c . 2 exclusions. with respect to determinations of need under this title, the term',
'assets shall not include the net value of the familys principal place of residence. 3 consideration of qualified education benefit.',
'a qualified education benefit shall be considered an asset of a the student if the student is an independent student;',
'or b the parent if the student is a dependent student and the account is designated for the student, regardless',
'of whether the owner of the account is the student or the parent. 4 definition of qualified education benefit. in',
'this subsection, the term qualified education benefit means a a qualified tuition program as defined in section 529 b 1',
'a of the internal revenue code of 1986 or other prepaid tuition plan offered by a state; and b a',
'coverdell education savings account as defined in section 530 b 1 of the internal revenue code of 1986 . g',
'net value. the term net value means the market value at the time of application of the assets as defined',
'in subsection f , minus the outstanding liabilities or indebtedness against the assets. h treatment of income taxes paid to',
'other jurisdictions. 1 the tax on income paid to the governments of the commonwealth of puerto rico, guam, american samoa,',
'the virgin islands, or the commonwealth of the northern mariana islands, the republic of the marshall islands, the federated states',
'of micronesia, or palau under the laws applicable to those jurisdictions, or the comparable tax paid to the central government',
'of a foreign country, shall be treated as federal income taxes. 2 references in this part to the internal revenue',
'code of 1986, federal income tax forms, and the internal revenue service shall, for purposes of the tax described in',
'paragraph 1 , be treated as references to the corresponding laws, tax page 134 stat. 3166 forms, and tax collection',
'agencies of those jurisdictions, respectively, subject to such adjustments as the secretary may provide by regulation. i other financial assistance.',
'1 for purposes of determining a students eligibility for funds under this title, other financial assistance not received under this',
'title shall include all scholarships, grants, loans, or other assistance known to the institution at the time the determination of',
'the students need is made, including national service educational awards or post service benefits under title i of the national',
'and community service act of 1990 42 u.s.c. 12511 et seq. , but excluding veterans education benefits. 2 notwithstanding paragraph',
'1 , a tax credit taken under section 25a of the internal revenue code of 1986, or a distribution that',
'is not includable in gross income under section 529 of such code, under another prepaid tuition plan offered by a',
'state, or under a coverdell education savings account under section 530 of such code, shall not be treated as other',
'financial assistance for purposes of section 471 a 3 . 3 notwithstanding paragraph 1 and section 472, assistance not received',
'under this title may be excluded from both other financial assistance and cost of attendance, if that assistance is provided',
'by a state and is designated by such state to offset a specific component of the cost of attendance. if',
'that assistance is excluded from either other financial assistance or cost of attendance, it shall be excluded from both. 4',
'notwithstanding paragraph 1 , payments made and services provided under part e of title iv of the social security act',
'to or on behalf of any child or youth over whom the state agency has responsibility for placement, care, or',
'supervision, including the value of vouchers for education and training and amounts expended for room and board for youth who',
'are not in foster care but are receiving services under section 477 of such act, shall not be treated as',
'other financial assistance for purposes of section 471 a 3 . 5 notwithstanding paragraph 1 , emergency financial assistance provided',
'to the student for unexpected expenses that are a component of the students cost of attendance, and not otherwise considered',
'when the determination of the students need is made, shall not be treated as other financial assistance for purposes of',
'section 471 a 3 . j note: definition. dependents. 1 except as otherwise provided, the term dependent of the parent',
'means the student who is deemed to be a dependent student when applying for aid under this title, and any',
'other person who lives with and receives more than one half of their support from the parent or parents and',
'will continue to receive more than half of their support from the parent or parents during the award year. 2',
'except as otherwise provided, the term dependent of the student means the students dependent children and other persons except the',
'students spouse who live with and receive more than one half of their support from the student and will continue',
'to receive more than half of their support from the student during the award year. k family size. page 134',
'stat. 3167 1 dependent student. except as provided in paragraph 3 , in determining family size in the case of',
'a dependent student a if the parents are not divorced or separated, family members include the students parents, and any',
'dependent within the meaning of section 152 of the internal revenue code of 1986 or an eligible individual for purposes',
'of the credit under section 24 of the internal revenue code of 1986 of the students parents for the taxable',
'year used in determining the amount of need of the student for financial assistance under this title; b if the',
'parents are divorced or separated, family members include the parent whose income is included in computing available income and any',
'dependent within the meaning of section 152 of the internal revenue code of 1986 or an eligible individual for purposes',
'of the credit under section 24 of the internal revenue code of 1986 of that parent for the taxable year',
'used in determining the amount of need of the student for financial assistance under this title; c if the parents',
'are divorced and the parents whose income is so included are remarried, or if the parent was a widow or',
'widower who has remarried, family members also include, in addition to those individuals referred to in subparagraph b , the',
'new spouse and any dependent within the meaning of section 152 of the internal revenue code of 1986 or an',
'eligible individual for purposes of the credit under section 24 of the internal revenue code of 1986 of the new',
'spouse for the taxable year used in determining the amount of need of the student for financial assistance under this',
'title, if that spouses income is included in determining the parents adjusted available income; and d if the student is',
'not considered as a dependent within the meaning of section 152 of the internal revenue code of 1986 or an',
'eligible individual for purposes of the credit under section 24 of the internal revenue code of 1986 of any parent,',
'the parents family size shall include the student and the family members applicable to the parents situation under subparagraph a',
', b , or c . 2 independent student. except as provided in paragraph 3 , in determining family size',
'in the case of an independent student a family members include the student, the students spouse, and any dependent within',
'the meaning of section 152 of the internal revenue code of 1986 or an eligible individual for purposes of the',
'credit under section 24 of the internal revenue code of 1986 of that student for the taxable year used in',
'determining the amount of need of the student for financial assistance under this title; and b if the student is',
'divorced or separated, family members do not include the spouse or ex spouse , but do include the student and',
'any dependent within the meaning of section 152 of the internal revenue code of 1986 or an eligible individual for',
'purposes of the credit under section 24 of the internal revenue code of 1986 page 134 stat. 3168 of that',
'student for the taxable year used in determining the amount of need of the student for financial assistance under this',
'title. 3 procedures and modification. the secretary shall provide procedures for determining family size in cases in which information for',
'the taxable year used in determining the amount of need of the student for financial assistance under this title has',
'changed or does not accurately reflect the applicants current household size, including when a divorce settlement only allows a parent',
'to file for the earned income tax credit available under section 32 of the internal revenue code of 1986. l',
'business assets. the term business assets means property that is used in the operation of a trade or business, including',
'real estate, inventories, buildings, machinery, and other equipment, patents, franchise rights, and copyrights. m homeless youth. the term homeless youth',
'has the meaning given the term homeless children and youths in section 725 of the mckinney vento homeless assistance act',
'42 u.s.c. 11434a . n unaccompanied. the terms unaccompanied, unaccompanied youth, or unaccompanied homeless youth have the meaning given the',
'term unaccompanied youth in section 725 of the mckinney vento homeless assistance act 42 u.s.c. 11434a .. m fafsa. 1',
'in general. section 483 of the higher education act of 1965 20 u.s.c. 1090 is amended to read as follows:',
'sec. 483. free application for federal student aid. a simplified application for federal student financial aid. 1 in general. each',
'individual seeking to apply for federal financial aid under this title for award year 2023 2024 and any subsequent award',
'year shall file a free application with the secretary, known as the free application for federal student aid, to determine',
'eligibility for such aid, as described in paragraph 2 , and in accordance with section 479. 2 free application. a',
'in general. the secretary shall make available, for the purposes of paragraph 1 , a free application to determine the',
'eligibility of a student for federal financial aid under this title. b information required by the applicant. i in general.',
'the applicant, and, if necessary, the parents or spouse of the applicant, shall provide the secretary with the applicable information',
'described in clause ii in order to be eligible for federal financial aid under this title. ii information to be',
'provided. the information described in this clause is the following: i name. ii contact information, including address, phone number, email',
'address, or other electronic address. iii social security number. iv date of birth. page 134 stat. 3169 v marital status.',
'vi citizenship status, including alien registration number, if applicable. vii sex. viii race or ethnicity, using categories developed in consultation',
'with the bureau of the census and the director of the institute of education sciences that, to the greatest extent',
'practicable, separately capture the racial groups specified in the american community survey of the bureau of the census. ix state',
'of legal residence and date of residency. x the following information on secondary school completion: aa name and location of',
'the high school from which the applicant received, or will receive prior to the period of enrollment for which aid',
'is sought, a regular high school diploma; bb name and location of the entity from which the applicant received, or',
'will receive prior to the period of enrollment for which aid is sought, a recognized equivalent of a regular high',
'school diploma; or cc if the applicant completed or will complete prior to the period of enrollment for which aid',
'is sought, a secondary school education in a home school setting that is treated as a home school or private',
'school under state law. xi name of each institution where the applicant intends to apply for enrollment or continue enrollment.',
'xii year in school for period of enrollment for which aid is sought, including whether applicant will have finished first',
'bachelors degree prior to the period of enrollment for which aid is sought. xiii whether one or both of the',
'applicants parents attended college. xiv any required asset information, unless exempt under section 479, in which the applicant shall indicate',
'aa the annual amount of child support received, if applicable; and bb all required asset information not described in item',
'aa . xv the number of members of the applicants family who will also be enrolled in an eligible institution',
'of higher education on at least a half time basis during the same enrollment period as the applicant. xvi if',
'the applicant meets any of the following designations: page 134 stat. 3170 aa is an unaccompanied homeless youth, or is',
'unaccompanied, at risk of homelessness, and self supporting. bb is an emancipated minor. cc is in legal guardianship. dd has',
'been a dependent ward of the court at any time since the applicant turned 13. ee has been in foster',
'care at any time since the applicant turned 13. ff both parents have died since the applicant turned 13. gg',
'is a veteran of the armed forces of the united states or is serving on the date of the application',
'on active duty in the armed forces for other than training purposes. hh is under the age of 24 and',
'has a dependent child or relative. ii does not have access to parental information due to an unusual circumstance described',
'in section 480 d 9 . xvii if the applicant receives or has received any of the following means tested',
'federal benefits within the last two years: aa the supplemental security income program under title xvi of the social security',
'act 42 u.s.c. 1381 et seq. . bb the supplemental nutrition assistance program under the food and nutrition act of',
'2008 7 u.s.c. 2011 et seq. , a nutrition assistance program carried out under section 19 of such act 7',
'u.s.c. 2028 , or a supplemental nutrition assistance program carried out under section 3 c of the act entitled an',
'act to authorize appropriations for certain insular areas of the united states, and for other purposes public law 95 348',
'. cc the free and reduced price school lunch program established under the richard b. russell national school lunch act',
'42 u.s.c. 1751 et seq. . dd the program of block grants for states for temporary assistance for needy families',
'established under part a of title iv of the social security act 42 u.s.c. 601 et seq. . ee 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 . ff the medicaid program under title xix of the social security act 42 u.s.c. 1396 et',
'seq. . gg federal housing assistance programs, including tenant based assistance under section 8 o of the united states page',
'134 stat. 3171 housing act of 1937 42 u.s.c. 1437f o , and public housing, as defined in section 3',
'b 1 of such act 42 u.s.c. 1437a b 1 . hh refundable credit for coverage under a qualified health',
'plan under section 36b of the internal revenue code of 1986. ii the earned income tax credit under section 32',
'of the internal revenue code of 1986. jj any other means tested program determined by the secretary to be appropriate.',
'xviii if the applicant, or, if necessary, the parents or spouse of the applicant, reported receiving tax exempt payments from',
'an individual retirement plan as defined in section 7701 of the internal revenue code of 1986 distribution or from pensions',
'or annuities on a federal tax return, information as to how much of the individual retirement plan distribution or pension',
'or annuity disbursement was a qualified rollover. xix if the applicant, or, if necessary, the parents or spouse of the',
'applicant, reported receiving foreign income that is exempt from federal taxation or for which a permanent resident of the united',
'states or united states citizen receives a foreign tax credit, information regarding the amount of such foreign income. xx if',
'the applicant, or, if applicable, the parents or spouse of the applicant, elects to report receiving college grant and scholarship',
'aid included in gross income on a federal tax return described in section 480 e 2 , information regarding the',
'amount of such aid iii prohibition against requesting information more than once. any information requested during the process of creating',
'an account for completing the free application under this subsection, shall, to the fullest extent possible, not be required a',
'second time for the same award year, or in a duplicative manner, when completing such free application except in the',
'case of an unusual situation, such as a temporary inability to access an account for completing such free application. iv',
'change in family size. the secretary shall provide a process by which an applicant shall confirm the accuracy of family',
'size or update the family size with respect to such applicant for purposes of determining the need of such applicant',
'for financial assistance under this title based on a change in family size from the tax year data used for',
'such determination. v single question for homeless status. the secretary shall ensure that i on the form developed under this',
'section for which the information is applicable, there is a single, easily understood screening question to identify an applicant who',
'is an unaccompanied page 134 stat. 3172 homeless youth or is unaccompanied, at risk of homelessness, and self supporting; and',
'ii such question is distinct from those relating to an individual who does not have access to parental income due',
'to an unusual circumstance. vi note: disclosure. adjustments. the secretary shall disclose on the fafsa that the student may, on',
'a case by case basis, qualify for an adjustment under section 479a to the cost of attendance or the values',
'of the data items required to calculate the students eligibility for a federal pell grant or the student aid index',
'for the student or parent. c notification and approval of request for tax return information. the secretary shall notify students',
'and borrowers who wish to submit an application for federal student financial aid under this title as well as parents',
'and spouses who must sign such an application or request or a master promissory note on behalf of those students',
'and borrowers of the authority of the secretary to require that such persons affirmatively approve that the internal revenue service',
'disclose their tax return information as described in section 494. d authorizations available to the applicant. i authorization to disclose',
'fafsa information, including a redisclosure of tax return information, to institution, state higher education agency, and designated scholarship organizations. an',
'applicant and, if necessary, the parents or spouse of the applicant shall provide the secretary with authorization to disclose to',
'an institution, state higher education agency, and scholarship organizations designated prior to the date of enactment of the future act',
'public law 116 91 by the secretary under section 483 a 3 e as in effect on such date of',
'enactment, as specified by the applicant and in accordance with section 494, in order for the applicants eligibility for federal',
'financial aid programs, state financial aid programs, institutional financial aid programs, and scholarship programs at scholarship organizations designated prior to',
'the date of enactment of the future act public law 116 91 by the secretary under section 483 a 3',
'e as in effect on such date of enactment, to be determined, the following: i information described under section 6103',
'l 13 of the internal revenue code of 1986. ii all information provided by the applicant on the application described',
'by this subsection to determine the applicants eligibility for federal financial aid under this title and for the application, award,',
'and administration of such federal financial aid, except the name of an institution to which an applicant selects to redisclose',
'information shall not be disclosed to any other institution. ii authorization to disclose to benefits programs. an applicant and, if',
'necessary, the parents page 134 stat. 3173 or spouse of the applicant may provide the secretary with authorization to disclose',
'to applicable agencies that handle applications for means tested federal benefit programs, as defined in section 479 b 4 h',
', all information provided by the applicant on the application described by this subsection as well as such applicants student',
'aid index and scheduled federal pell grant award to assist in identification, outreach and application efforts for the application, award,',
'and administration of such means tested federal benefits programs, except such information shall not include federal tax information as specified',
'in section 6103 l 13 c of the internal revenue code of 1986. e action by the secretary. upon receiving',
'i an application under this section, the secretary shall, as soon as practicable, perform the necessary functions with the commissioner',
'of internal revenue to calculate the applicants student aid index and scheduled award for a federal pell grant, if applicable,',
'assuming full time enrollment for an academic year, and note to the applicant the assumptions relationship to the scheduled award;',
'and ii an authorization under subparagraph d , the secretary shall, as soon as practicable, disclose the information described under',
'such subparagraph, as specified by the applicant, in order for the applicants eligibility for federal, state, or institutional student financial',
'aid programs or means tested federal benefit programs to be estimated or determined. f work study wages. with respect to',
'an applicant who has received income earned from work under part c of this title, the secretary shall take the',
'steps necessary to collect information on the amount of such income for the purposes of calculating such applicants student aid',
'index and scheduled award for a federal pell grant, if applicable, without adding additional questions to the fafsa, including by',
'collecting such information from institutions of higher education participating in work study programs under part c of this title. 3',
'information to be supplied by the secretary of education. a in general. upon receiving and timely processing a free application',
'that contains the information described in paragraph 2 , the secretary shall provide to the applicant the following information based',
'on full time attendance for an academic year: i the estimated dollar amount of a federal pell grant scheduled award',
'for which the applicant is eligible for such award year. ii information on other types of federal financial aid for',
'which the applicant may be eligible including situations in which the applicant could qualify for 150 percent of a scheduled',
'federal pell grant award and loans made under this title and how the applicant can find additional information regarding such',
'aid. iii consumer tested information regarding each institution selected by the applicant in accordance with page 134 stat. 3174 paragraph',
'2 b ii xi , which may include the following: i the following information, as collected through the integrated postsecondary',
'education data system or a successor federal data system as designated by the secretary: aa net price by the income',
'categories, as described under section 132 i 6 , and disaggregated by undergraduate and graduate programs, as applicable. bb graduation',
'rate. cc retention rate. dd transfer rate, if available. ii median debt of students upon completion. iii institutional default rate,',
'as calculated under section 435. iv if the student is eligible for a student aid index of less than or',
'equal to zero under section 473, a notification of the federal means tested benefits that they have not already indicated',
'they receive, but for which they may be eligible, and relevant links and information on how to apply for such',
'benefits. v information on education tax benefits described in paragraphs 1 and 2 of section 25a a of the internal',
'revenue code of 1986 or other applicable education tax benefits determined in consultation with the secretary of the treasury. vi',
'if the individual identified as a veteran, or as serving on the date of the application on active duty in',
'the armed forces for other than training purposes, information on benefits administered by the department of veteran affairs or department',
'of defense, respectively. vii if applicable, the applicants current outstanding balance of loans under this title. b information provided to',
'the state. i in general. the secretary shall redisclose, with authorization from the applicant in accordance with paragraph 2 d',
'i , to a state higher education agency administering state based financial aid and serving the applicants state of residence,',
'the information described under section 6103 l 13 of the internal revenue code of 1986 and information described in paragraph',
'2 b for the application, award, and administration of grants and other student financial aid provided directly from the state',
'to be determined by such state. such information shall include the list of institutions provided by the applicant on the',
'application. ii use of information. a state agency administering state based financial aid i shall use the information provided under',
'clause i solely for the application, award, and administration of state based financial aid for which the applicant is eligible;',
'ii may use the information, except for the information described under section 6103 l 13 of page 134 stat. 3175',
'the internal revenue code of 1986, for state agency research that does not release any individually identifiable information on any',
'applicant to promote college attendance, persistence, and completion; iii may use identifying information provided by student applicants on the fafsa',
'to determine whether or not a graduating secondary student has filed the application in coordination with local educational agencies or',
'secondary schools to encourage students to complete the application; and iv may share the application information, excluding the information described',
'under section 6103 l 13 of the internal revenue code of 1986, with any other entity, only if such applicant',
'provides explicit written consent of the applicant, except as provided in subclause iii . iii limitation on consent process. a',
'state may provide a consent process whereby an applicant may elect to share the information described in clause i ,',
'except for the information described in section 6103 l 13 of the internal revenue code of 1986, through explicit written',
'consent to federal, state, or local government agencies or tribal organizations to assist such applicant in applying for and receiving',
'federal, state, or local government assistance, or tribal assistance for any component of the applicants cost of attendance that may',
'include financial assistance or non monetary assistance. iv prohibition. any entity that receives applicant information under clause iii shall not',
'sell, share, or otherwise use applicant information other than for the purposes outlined in clause iii . c use of',
'information provided to the institution. an institution i shall use the information provided to it solely for the application, award,',
'and administration of financial aid to the applicant; ii may use the information provided, excluding the information described under section',
'6013 l 13 of the internal revenue code of 1986, for research that does not release any individually identifiable information',
'on any applicant, to promote college attendance, persistence, and completion; and iii shall not share such educational record information with',
'any other entity without the explicit written consent of the applicant. d prohibition. any entity that receives applicant information under',
'subparagraph c iii shall not sell, share, or otherwise use applicant information other than for the purposes outlined in subparagraph',
'c . e fafsa information that includes tax return information. an applicants fafsa information that includes return or return information',
'as described in section 6103 l 13 of the internal revenue code of 1986 may be disclosed or redisclosed which',
'shall include obtaining, page 134 stat. 3176 sharing, or discussing such information only in accordance with the procedures described in',
'section 494. 4 development of form and information exchange. prior to the design of the free application under this subsection,',
'the secretary shall, to the maximum extent practicable, on an annual basis a note: consultation. consult with stakeholders to gather',
'information about innovations and technology available to i ensure an efficient and effective process; ii mitigate unintended consequences; and iii',
'determine the best practices for outreach to students and families during the transition to the streamlined process for the determination',
'of federal financial aid and federal pell grant eligibility while reducing the data burden on applicants and families; and b',
'solicit public comments for the format of the free application that provides for adequate time to incorporate feedback prior to',
'development of the application for the succeeding award year. 5 no additional information requests permitted. in carrying out this subsection,',
'the secretary may not require additional information to be submitted by an applicant or the parents or spouse of an',
'applicant for federal financial aid through other requirements or reporting, except as required under a process or procedure exercised in',
'accordance with the authority under section 479a. 6 state run programs. a in general. the secretary shall conduct outreach to',
'states in order to research the benefits to students of states relying solely on the student aid index, scheduled pell',
'grant award, or the financial data made available, upon authorization by the applicant, as a result of an application for',
'aid under this subsection for determining the eligibility of the applicant for state provided financial aid. b note: data. lists.',
'secretarial review. if a state determines that there is a need for additional data elements beyond those provided pursuant to',
'this subsection for determining the eligibility of an applicant for state provided financial aid, the state shall forward a list',
'of those additional data elements determined necessary, but not provided by virtue of the application under this subsection, to the',
'secretary. the note: public information. web postings. secretary shall make readily available to the public through the departments websites and',
'other means i a list of states that do not require additional financial information separate from the free application for',
'federal student aid and do not require asset information from students who qualify for the exemption from asset reporting under',
'section 479 for the purposes of awarding state scholarships and grant aid; ii a list of states that require asset',
'information from students who qualify for the exemption from asset reporting under section 479 for the purposes of awarding state',
'scholarships and grant aid; iii a list of states that have indicated that they require additional financial information separate from',
'page 134 stat. 3177 the free application for federal student aid for purposes of awarding state scholarships and grant aid;',
'and iv with the publication of the lists under this subparagraph, information about additional resources available to applicants, including links',
'to such state websites. 7 institution run financial aid. a in general. the secretary shall conduct outreach to institutions of',
'higher education to describe the benefits to students of relying solely on the student aid index, scheduled pell grant award,',
'or the financial data made available, upon authorization for release by the applicant, as a result of an application for',
'aid under this subsection for determining the eligibility of the applicant for institutional financial aid. note: public information. web postings.',
'lists. the secretary shall make readily available to the public through its websites and other means i a list of',
'institutions that do not require additional financial information separate from the free application for federal student aid and do not',
'require asset information from students who qualify for the exemption from asset reporting under section 479 for the purpose of',
'awarding institution run financial aid; ii a list of institutions that require asset information from students who qualify for the',
'exemption from asset reporting under section 479 for the purpose of awarding institution run financial aid; iii a list of',
'institutions that require additional financial information separate from the free application for federal student aid for the purpose of awarding',
'institution run financial aid; and iv with the publication of the list in clause iii , information about additional resources',
'available to applicants. 8 note: consultation. security of data. the secretary shall, in consultation with the secretary of the treasury',
'a take all necessary steps to safeguard the data required to be transmitted for the purpose of this section between',
'federal agencies and to states and institutions of higher education and secure the transmittal of such data; b provide guidance',
'to states and institutions of higher education regarding their obligation to ensure the security of the data provided under this',
'section and section 6103 of the internal revenue code of 1986; and c provide guidance on the implementation of section',
'6103 of the internal revenue code of 1986, including how it intersects with the provisions of section 444 of the',
'general education provisions act commonly known as the family educational rights and privacy act of 1974 , and any additional',
'consent processes that may be available to applicants in accordance with the internal revenue code of 1986 regarding sharing of',
'federal tax information. 9 report to congress. a in general. not later than 1 year after the date of enactment',
'of the fafsa simplification act, the page 134 stat. 3178 secretary shall report to the authorizing committees on the progress',
'of the secretary in carrying out this subsection, including planning and stakeholder consultation. such report shall include i benchmarks for',
'implementation; ii entities and organizations that the secretary consulted; iii system requirements for such implementation and how they will be',
'addressed; iv any areas of concern and potential problem issues uncovered that may hamper such implementation; and v solutions determined',
'to address such issues. b updates. the secretary shall provide updates to the authorizing committees i as to the progress',
'and planning described in subparagraph a prior to implementation of the revisions to the free application for federal student aid',
'under this subsection not less often than quarterly; and ii at least 6 months and 1 year after implementation of',
'the revisions to the free application for federal student aid. b adjustments and improvements. 1 note: disclosure. in general. the',
'secretary shall disclose in a consumer tested format, upon completion of the free application for federal student aid under this',
'section, that the student may, on a case by case basis, qualify for an adjustment under section 479a to the',
'cost of attendance or the values of the data items required to calculate the federal pell grant or the need',
'analysis for the student or parent. such disclosure shall specify a examples of the special circumstances under which a student',
'or family member may qualify for such adjustment or determination of independence; and b additional information regarding the steps a',
'student or family member may take in order to seek an adjustment under section 479a. 2 consumer testing. a note:',
'deadline. in general. not later than 9 months after the date of enactment of the fafsa simplification act, the secretary',
'shall begin consumer testing the design of the free application for federal student aid under this section with prospective first',
'generation college students, representatives of students including low income students, english learners, first generation college students, adult students, veterans, servicemembers,',
'and prospective students , students families including low income families, families with english learners, families with first generation college students,',
'and families with prospective students , institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. b',
'updates. for award year 2023 2024 and at least each fourth succeeding award year thereafter, the secretary shall update the',
'design of the free application for federal student aid based on additional consumer testing with page 134 stat. 3179 the',
'populations described in subparagraph a in order to improve the usability and accessibility of the application. 3 accessibility of the',
'fafsa. the secretary shall a in conjunction with the bureau of the census, determine the most common languages spoken by',
'english learner students and their parents in the united states; b develop and make publicly available versions of the free',
'application for federal student aid form in not fewer than 11 of the most common languages determined under subparagraph a',
'and make such versions available and accessible to applicants in paper and electronic formats; and c ensure that the free',
'application for federal student aid is available in formats accessible to individuals with disabilities and compliant with the most recent',
'web content accessibility guidelines, or successor guidelines. 4 reapplication in a succeeding academic year. in order to streamline an applicants',
'experience in applying for financial aid, the secretary shall allow an applicant who electronically applies for financial assistance under this',
'title for an academic year subsequent to an academic year for which such applicant applied for financial assistance under this',
'title to automatically electronically import all of the applicants including parents, guardians, or spouses, as applicable identifying, demographic, and school',
'data from the previous application and to update such information to reflect any circumstances that have changed. 5 technology accessibility.',
'the secretary shall make the application under this section available through prevalent technology. such technology shall, at a minimum, enable',
'applicants to a note: data. save data; and b submit the application under this title to the secretary through such',
'technology. 6 verification burden. the secretary shall a to the maximum extent practicable, streamline and simplify the process of verification',
'for applicants for federal financial aid; b in establishing policies and procedures to verify applicants eligibility for federal financial aid,',
'consider i the burden placed on low income applicants; ii the risk to low income applicants of failing to complete',
'the application, enroll in college, or complete a postsecondary credential as a result of being selected for verification; iii the',
'effectiveness of the policies and procedures in preventing overpayments; and iv the reasons for the source of any improper payments;',
'and c note: reports. issue a public report not less often than annually that includes the number and percentage of',
'applicants subject to verification, whether the applicants ultimately received federal financial aid disbursements, the extent to which the student aid',
'index changed for such applicants as a result of verification, and the extent to which such applicants eligibility for federal',
'financial aid under this title changed. page 134 stat. 3180 7 studies. the secretary shall periodically conduct studies on a',
'whether the free application for federal student aid is a barrier to college enrollment by examining i the effect of',
'states requiring additional information specified in clauses ii and iii of subsection a 6 b on the determination of state',
'financial aid awards, including i how much financial aid awards would change if the additional information were not required; and',
'ii the number of students who started but did not finish the free application for federal student aid, compared to',
'the baseline year of 2021; and ii the number of students who i started a free application for federal student',
'aid but did not receive financial assistance under this title for the applicable academic year; and ii if available, did',
'not enroll in an institution of higher education in the applicable academic year; b the most common barriers faced by',
'applicants in completing the free application for federal student aid; and c the most common reasons that students and families',
'do not fill out the free applications for federal student aid. c data and information. 1 in general. the secretary',
'shall publish data in a publicly accessible manner a annually on the total number of free applications for federal student',
'aid submitted by application cycle, disaggregated by demographic characteristics, type of institution or institutions of higher education to which the',
'applicant applied, the applicants state of legal residence, and high school and public school district; b quarterly on the total',
'number of free applications for federal student aid submitted by application cycle, disaggregated by type of institution or institutions of',
'higher education to which the applicant applied, the applicants state of legal residence, and high school and public school district;',
'c weekly on the total number of free applications for federal student aid submitted, disaggregated by high school and public',
'school district; and d annually on the number of individuals who apply for federal financial aid pursuant to this section',
'who indicated that they are i an unaccompanied homeless youth or unaccompanied, at risk of homelessness, and self supporting; or',
'ii a foster care youth. 2 contents. the data described in paragraph 1 d with respect to homeless youth shall',
'include, at a minimum, for each application cycle page 134 stat. 3181 a the total number of all applicants who',
'were determined to be individuals described in section 480 d 8 ; and b the number of applicants described in',
'subparagraph a , disaggregated i by state; and ii by the sources of determination as described in section 479d b',
'. 3 data sharing. the secretary may enter into data sharing agreements with the appropriate federal or state agencies to',
'conduct outreach regarding, and connect applicants directly with, the means tested federal benefit programs described in subsection a 2 b',
'ii xvii for which the applicants may be eligible. d ensuring form usability. 1 signature. notwithstanding any other provision of',
'this title, the secretary may permit the free application for federal student aid to be submitted without a signature, if',
'a signature is subsequently submitted by the applicant, or if the applicant uses an access device provided by the secretary.',
'2 free preparation authorized. notwithstanding any other provision of this title, an applicant may use a preparer for consultative or',
'preparation services for the completion of the free application for federal student aid without charging a fee to the applicant',
'if the preparer a includes, at the time the application is submitted to the department, the name, address or employers',
'address, social security number or employer identification number, and organizational affiliation of the preparer on the applicants form; b is',
'subject to the same penalties as an applicant for purposely giving false or misleading information in the application; c clearly',
'informs each individual upon initial contact, that the free application for federal student aid is a free form that may',
'be completed without professional assistance; and d does not produce, use, or disseminate any other form for the purpose of',
'applying for federal financial aid other than the free application for federal student aid developed by the secretary under this',
'section. 3 charges to students and parents for use of forms prohibited. the need for and eligibility of a student',
'for financial assistance under this title may be determined only by using the free application for federal student aid developed',
'by the secretary under this section. such application shall be produced, distributed, and processed by the secretary, and no parent',
'or student shall be charged a fee by the secretary, a contractor, a third party servicer or private software provider,',
'or any other public or private entity for the collection, processing, or delivery of federal financial aid through the use',
'of such application. no data collected on a form for which a fee is charged shall be used to complete',
'the free application for federal student aid prescribed under this section, except that a federal or state income tax form',
'prepared by a paid income tax preparer or preparer service for the primary purpose of filing a federal or state',
'income tax return may be used page 134 stat. 3182 to complete the free application for federal student aid prescribed',
'under this section. 4 note: deadline. time period. application processing cycle. the secretary shall enable applicants to submit a free',
'application for federal student aid developed under this section and initiate the processing of such application, not later than january',
'1 of the applicants planned year of enrollment, to the maximum extent practicable, on or around october 1 prior to',
'the applicants planned year of enrollment. 5 early estimates. the secretary shall maintain an electronic method for applicants to enter',
'income and family size information to calculate a non binding estimate of the applicants federal financial aid available under this',
'title and shall place such calculator on a prominent location at the beginning of the free application for federal student',
'aid. 6 additional forms. notwithstanding any other provision of this title, an institution may not condition the packaging or receipt',
'of federal financial aid on the completion of additional requests for financial information beyond the free application for federal student',
'aid, unless such information is required for verification, a determination of independence, or professional judgement.. 2 note: 20 usc 1090',
'note. reports. notwithstanding section 701 b of this title, the secretary of education shall have the authority to issue reports',
'and begin consumer testing prior to july 1, 2023, as provided in the amendment made by paragraph 1 . n',
'student eligibility. 1 amendments. a in general. section 484 of the higher education act of 1965 20 u.s.c. 1091 is',
'amended i by striking subsections n and r ; ii by redesignating subsections o , p , s , and',
't , as subsections n , o , q , and r , respectively; iii by inserting between subsections o',
'and q , as redesignated under clause i , the following: p note: cooperation. use of income data with irs.',
'the secretary, in cooperation with the secretary of the treasury, shall fulfill the data transfer requirements under section 6103 l',
'13 of the internal revenue code of 1986 and the procedure and requirements outlined in section 494.; and iv by',
'adding at the end the following: s exception to required registration with the selective service system. notwithstanding section 12 f',
'of the military selective service act 50 u.s.c. 3811 f , an individual shall not be ineligible for assistance or',
'a benefit provided under this title if the individual is required under section 3 of such act 50 u.s.c. 3802',
'to present himself for and submit to registration under such section and fails to do so in accordance with any',
'proclamation issued under such section, or in accordance with any rule or regulation issued under such section. t confined or',
'incarcerated individuals. 1 definitions. in this subsection: a confined or incarcerated individual. the term confined or incarcerated individual i means',
'an individual who is serving a criminal sentence in a federal, state, or local penal institution, page 134 stat. 3183',
'prison, jail, reformatory, work farm, or other similar correctional institution; and ii does not include an individual who is in',
'a halfway house or home detention or is sentenced to serve only weekends. b prison education program. the term prison',
'education program means an education or training program that i is an eligible program under this title offered by an',
'institution of higher education as defined in section 101 or 102 a 1 b ; ii is offered by an',
'institution that has been approved to operate in a correctional facility by the appropriate state department of corrections or other',
'entity that is responsible for overseeing correctional facilities, or by the bureau of prisons; iii has been determined by the',
'appropriate state department of corrections or other entity that is responsible for overseeing correctional facilities, or by the bureau of',
'prisons, to be operating in the best interest of students, the determination of which shall be made by the state',
'department of corrections or other entity or by the bureau of prisons, respectively, and may be based on i rates',
'of confined or incarcerated individuals continuing their education post release; ii job placement rates for such individuals; iii earnings for',
'such individuals; iv rates of recidivism for such individuals; v the experience, credentials, and rates of turnover or departure of',
'instructors; vi the transferability of credits for courses available to confined or incarcerated individuals and the applicability of such credits',
'toward related degree or certificate programs; or vii offering relevant academic and career advising services to participating confined or incarcerated',
'individuals while they are confined or incarcerated, in advance of reentry, and upon release; iv offers transferability of credits to',
'at least 1 institution of higher education as defined in section 101 or 102 a 1 b in the state',
'in which the correctional facility is located, or, in the case of a federal correctional facility, in the state in',
'which most of the individuals confined or incarcerated in such facility will reside upon release; v is offered by an',
'institution that has not been subject, during the 5 years preceding the date of the determination, to i any suspension,',
'emergency action, or termination of programs under this title; ii any adverse action by the institutions accrediting agency or association;',
'or iii any action by the state to revoke a license or other authority to operate; page 134 stat. 3184',
'vi satisfies any applicable educational requirements for professional licensure or certification, including licensure or certification examinations needed to practice or',
'find employment in the sectors or occupations for which the program prepares the individual, in the state in which the',
'correctional facility is located or, in the case of a federal correctional facility, in the state in which most of',
'the individuals confined or incarcerated in such facility will reside upon release; and vii does not offer education that is',
'designed to lead to licensure or employment for a specific job or occupation in the state if such job or',
'occupation typically involves prohibitions on the licensure or employment of formerly incarcerated individuals in the state in which the correctional',
'facility is located, or, in the case of a federal correctional facility, in the state in which most of the',
'individuals confined or incarcerated in such facility will reside upon release. 2 note: collaboration. technical assistance. the secretary, in collaboration',
'with the attorney general, shall provide technical assistance and guidance to the bureau of prisons, state departments of corrections, and',
'other entities that are responsible for overseeing correctional facilities in making determinations under paragraph 1 b iii . 3 federal',
'pell grant eligibility. notwithstanding subsection a , in order for a confined or incarcerated individual who otherwise meets the eligibility',
'requirements of this title to be eligible to receive a federal pell grant under section 401, the individual shall be',
'enrolled or accepted for enrollment in a prison education program. 4 evaluation. a note: deadline. in general. not later than',
'1 year after the date of enactment of the fafsa simplification act, in order to evaluate and improve the impact',
'of activities supported under this subsection, the secretary, in partnership with the director of the institute of education sciences, shall',
'award 1 or more grants or contracts to, or enter into cooperative agreements with, experienced public and private institutions and',
'organizations to enable the institutions and organizations to conduct an external evaluation that shall i note: assessment. assess the ability',
'of confined or incarcerated individuals to access and complete the free application for federal student aid; ii examine in custody',
'outcomes and post release outcomes related to providing federal pell grants to confined or incarcerated individuals, including i attainment of',
'a postsecondary degree or credential; ii safety in penal institutions with prison education programs; iii the size of waiting lists',
'for prison education programs; iv the extent to which such individuals continue their education post release; page 134 stat. 3185',
'v employment and earnings outcomes for such individuals; and vi rates of recidivism for such individuals; iii track individuals who',
'received federal pell grants under subpart 1 of part a at 1, 3, and 5 years after the individuals release',
'from confinement or incarceration; and iv examine the extent to which institutions provide re entry or relevant career services to',
'participating confined or incarcerated individuals as part of the prison education program and the efficacy of such services, if offered.',
'b report. beginning not later than 1 year after the secretary awards the grant, contract, or cooperative agreement described in',
'subparagraph a and annually thereafter, each institution of higher education operating a prison education program under this subsection shall submit',
'a report to the secretary on activities assisted and students served under this subsection, which shall include the information, as',
'applicable, contained in clauses i through iv of subparagraph a . 5 note: public information. web posting. report. not later',
'than 1 year after the date of enactment of the fafsa simplification act and on at least an annual basis',
'thereafter, the secretary shall submit to the authorizing committees, and make publicly available on the website of the department, a',
'report on the a impact of this subsection which shall include, at a minimum i the names and types of',
'institutions of higher education offering prison education programs at which confined or incarcerated individuals are enrolled and receiving federal pell',
'grants; ii the number of confined or incarcerated individuals receiving federal pell grants through each prison education program; iii the',
'amount of federal pell grant expenditures for each prison education program; iv the average amount of federal pell grant expenditures',
'per full time equivalent students in a prison education program compared to the average amount of federal pell grant expenditures',
'per full time equivalent students not in prison education programs; v the demographics of confined or incarcerated individuals receiving federal',
'pell grants; vi the cost of attendance for such individuals; vii the mode of instruction such as distance education, in',
'person instruction, or a combination of such modes for each prison education program; viii information on the academic outcomes of',
'such individuals such as credits attempted and earned, and credential and degree completion and any information available from student satisfaction',
'surveys conducted by the applicable institution or correctional facility; page 134 stat. 3186 ix information on post release outcomes of',
'such individuals, including, to the extent practicable, continued postsecondary enrollment, earnings, credit transfer, and job placement; x rates of recidivism',
'for confined or incarcerated individuals receiving federal pell grants; xi information on transfers of confined or incarcerated individuals between prison',
'education programs; xii the most common programs and courses offered in prison education programs; and xiii rates of instructor turnover',
'or departure for courses offered in prison education programs; b results of each prison education program at each institution of',
'higher education, including the information described in clauses ii through xiii of subparagraph a ; and c findings regarding best',
'practices with respect to prison education programs.. b conforming amendment. section 428b f 2 of the higher education act of',
'1965 20 u.s.c. 1078 2 f 2 is amended by striking section 484 p and inserting section 484 o .',
'c institutional and financial assistance information for students. section 485 of the higher education act of 1965 20 u.s.c. 1092',
'is amended by repealing subsection k . 2 note: 20 usc 1078 2 note. early effective date permitted. notwithstanding section',
'701 b of this act, sections 401 b 6 and 484 r of the higher education act of 1965 20',
'u.s.c. 1070a b 6 ; 1091 r as in effect on the date of enactment of this act, and section',
'12 f of the military selective service act 50 u.s.c. 3811 f , the secretary of education may implement the',
'amendments made by paragraph 1 of this subsection before but not later than july 1, 2023. the secretary shall specify',
'in a designation on what date, under what conditions, and for which award years the secretary will implement such amendments',
'prior to july 1, 2023. note: federal register, publication. the secretary shall publish any designation under this paragraph in the',
'federal register at least 60 days before implementation. o early awareness of financial aid eligibility. section 485e of the higher',
'education act of 1965 20 u.s.c. 1092f is amended to read as follows: sec. 485e. early awareness and outreach of',
'financial aid eligibility. a in general. the secretary shall implement early outreach activities in order to provide prospective students and',
'their families with information about financial aid and estimates of financial aid. such early outreach activities shall include the activities',
'described in subsections b , c , and d . b pell grant early awareness estimates. 1 in general. the',
'secretary shall produce a consumer tested method of estimating student eligibility for federal pell grants under section 401 b utilizing',
'the variables of family size and adjusted gross income, presented in electronic format. page 134 stat. 3187 there shall be',
'a method for students to indicate whether they are, or will be in a a single parent household; b a',
'household with two parents; or c a household with no children or dependents. 2 consumer testing. a in general. the',
'method of estimating eligibility described in paragraph 1 shall be consumer tested with prospective first generation students and families as',
'well as low income individuals and families. b updates. for award year 2023 2024 and each fourth succeeding award year',
'thereafter, the design of the method of estimating eligibility shall be updated based on additional consumer testing with the populations',
'described in subparagraph a . 3 note: public information. web posting. distribution. the method of estimating eligibility described in paragraph',
'1 shall be a made publicly and prominently available on the departments website; and b actively shared by the secretary',
'with i institutions of higher education participating in programs under this title; ii all middle and secondary schools eligible for',
'funds under part a of title i of the elementary and secondary education act of 1965; iii local educational agencies',
'and middle schools and high schools that serve students not less than 25 percent of whom meet a measure of',
'poverty as described in section 1113 a 5 of the elementary and secondary education act of 1965; and iv agencies',
'responsible for administering means tested federal benefit programs, as defined in section 479 b 4 h . 4 electronic estimator',
'on fafsa. in accordance with subsection d 5 of section 483, the secretary shall maintain an electronic method for applicants',
'to enter income and family size, and level of education sought information to calculate a non binding estimate which may',
'include a range, ceiling, or minimum of the applicants federal financial aid available under this title and shall place such',
'calculator on a prominent location on the fafsa website and in a manner that encourages students to fill out the',
'fafsa. c early awareness plans. the secretary shall establish and implement early awareness and outreach plans to provide early information',
'about the availability of federal financial aid and estimates of prospective students eligibility for federal financial aid as well as',
'to promote the attainment of postsecondary education specifically among prospective first generation students and families as well as low income',
'individuals and families, as follows: 1 outreach plans for low income families. a in general. the secretary shall develop plans',
'for each population described in this subparagraph to disseminate information about the availability of federal financial aid under this title,',
'in addition to and in coordination with the distribution of the method of estimating eligibility under subsection b , to',
'page 134 stat. 3188 i all middle schools and secondary schools eligible for funds under part a of title i',
'of the elementary and secondary education act of 1965; ii local educational agencies and middle schools and high schools that',
'serve students not less than 25 percent of whom meet a measure of poverty as described in section 1113 a',
'5 of the elementary and secondary education act; iii households receiving assistance under the supplemental nutrition assistance program established under',
'the food and nutrition act of 2008 7 u.s.c. 2011 et seq. ; and iv agencies responsible for administering means',
'tested federal benefit programs, as defined in section 479 b 4 h . b content of plans. the plans described',
'in paragraph a shall i provide students and their families with information on i the availability of the college scorecard',
'or any similar successor website; ii the electronic estimates of financial aid available under subsection b ; iii federal financial',
'aid available to students, including eligibility criteria for the federal financial aid and an explanation of the federal financial aid',
'programs including applicable federal educational tax credits ; and iv resources that can inform students of financial aid that may',
'be available from state based financial aid, state based college savings programs, and scholarships and other non governmental sources; ii',
'describe how the dissemination of information will be conducted by the secretary. c note: public information. web posting. reporting and',
'updates. the secretary shall post the information about the plans under subparagraph a and associated goals publicly on the departments',
'website. on an annual basis, the secretary shall report qualitative and quantitative outcomes regarding the implementation of the plans under',
'subparagraph a . the secretary shall review and update such plans not less often than every 4 award years with',
'the goal of progressively increasing the impact of the activities under this paragraph. d partnership. the secretary may partner with',
'states, state systems of higher education, institutions of higher education, or college access organizations to carry out this paragraph. 2',
'interagency coordination plans. a in general. the secretary shall develop interagency coordination plans in order to inform more students and',
'families, including low income individuals or families and recipients of means tested federal benefits, about the availability of federal financial',
'aid under this title through participation in existing federal programs or tax benefits page 134 stat. 3189 that serve low',
'income individuals or families, in coordination with the following secretaries: i the secretary of the treasury. ii the secretary of',
'labor. iii the secretary of health and human services. iv the secretary of agriculture. v the secretary of housing and',
'urban development. vi the secretary of commerce. vii the secretary of veterans affairs. viii the secretary of the interior. b',
'process, activities, and goals. each interagency coordination plan under subparagraph a shall i identify opportunities in which low income individuals',
'and families could be informed of the availability of federal financial aid under this title through access to other federal',
'programs that serve low income individuals and families; ii identify methods to effectively inform low income individuals and families of',
'the availability of federal financial aid for postsecondary education under this title and assist such individuals in completing the free',
'application for federal student aid; iii develop early awareness and fafsa completion activities that align with the opportunities and methods',
'identified under clauses i and ii ; iv establish goals regarding the effects of the activities to be implemented under',
'clause iii ; and v provide information on how students and families can maintain access to federal programs that serve',
'low income individuals and families operated by the agencies identified under subsection a while attending an institution of higher education.',
'c plan with secretary of the treasury. the interagency coordination plan under subparagraph a i between the secretary and the',
'secretary of the treasury shall further include specific methods to increase the application for federal financial aid under this title',
'from individuals who file federal tax returns, including collaboration with tax preparation entities or other third parties, as appropriate. d',
'note: public information. web posting. reporting and updates. the secretary shall post the information about the interagency coordination plans under',
'this paragraph and associated goals publicly on the departments website. the plans shall have the goal of progressively increasing the',
'impact of the activities under this paragraph by increasing the number of low income applicants for, and recipients of, federal',
'financial aid. the plans shall be updated not less than once every 4 years. 3 nationwide participation in early awareness',
'plans. a in general. the secretary shall solicit voluntary public commitments from entities, such as states, state systems of higher',
'education, institutions of higher education, and other interested organizations, to carry out early awareness plans, which shall include goals, to',
'page 134 stat. 3190 i note: notification. notify prospective and existing students who are low income individuals and families about',
'their eligibility for federal aid under this title, as well as state based financial aid, if applicable, on an annual',
'basis; ii increase the number of prospective and current students who are low income individuals and families filing the free',
'application for federal student aid; and iii increase the number of prospective and current students who are low income individuals',
'and families enrolling in postsecondary education. b reporting and updates. each entity that makes a voluntary public commitment to carry',
'out an early awareness plan may submit quantitative and qualitative data based on the entitys progress toward the goals of',
'the plan annually prior to a date selected by the secretary. c note: studies. public information. web posting. early awareness',
'champions. based on data submitted by entities, the secretary shall select and designate entities submitting public commitments, plans, and goals,',
'as early awareness champions on an annual basis. those entities designated as early awareness champions shall provide one or more',
'case studies regarding the activities the entity undertook under this paragraph which shall be made public by the secretary on',
'the department of education website to promote best practices. d public awareness campaign. 1 in general. the secretary shall develop',
'and implement a public awareness campaign designed using current and relevant independent research regarding strategies and media platforms found to',
'be most effective in communicating with low income populations in order to increase national awareness regarding the availability of federal',
'pell grants and financial aid under this title and, at the option of the secretary, potential availability of state need',
'based financial aid. 2 coordination. the public awareness campaign described in paragraph 1 shall leverage the activities in subsections b',
'and c to highlight eligibility among low income populations. in note: coordination. developing and implementing the campaign, the secretary may',
'work in coordination with states, institutions of higher education, early intervention and outreach programs under this title, other federal agencies,',
'agencies responsible for administering means tested federal benefit programs as defined in section 479 b 4 h , organizations involved',
'in college access and student financial aid, secondary schools, local educational agencies, public libraries, community centers, businesses, employers, workforce investment',
'boards, and organizations that provide services to individuals who are or were homeless, in foster care, or are disconnected youth.',
'3 note: public information. web posting. reporting. the secretary shall report on the success of the public awareness campaign described',
'in paragraph 1 annually regarding the extent to which the public and target populations were reached using data commonly used',
'to evaluate advertising and outreach campaigns and data regarding whether the campaign produced any increase in applicants for federal aid',
'under this title publicly on the department of education website.. page 134 stat. 3191 p procedure and requirements for requesting',
'tax return information from the internal revenue service. section 494 a 1 of the higher education act of 1965 20',
'u.s.c. 1098h a 1 is amended 1 in subparagraph a ii , by striking and after the semicolon; 2 in',
'subparagraph b , by striking the period at the end and inserting ; and; and 3 by adding at the',
'end the following: c if an individual is pursuing provisional independent student status due to an unusual circumstance, as described',
'in section 479a and provided for in section 479d, require such individual to provide an affirmative approval under subparagraph b',
', but not require a parent of such individual to provide an affirmative approval under subparagraph b .. sec. 703.',
'federal pell grants: amount and determinations; applications. section 401 of the higher education act of 1965 20 u.s.c. 1070a is',
'amended to read as follows: sec. 401. federal pell grants: amount and determinations; applications. a purpose; definitions. 1 purpose. the',
'purpose of this subpart is to provide a federal pell grant to low income students. 2 definitions. in this section',
'a the term adjusted gross income means i in the case of a dependent student, the adjusted gross income as',
'defined in section 62 of the internal revenue code of 1986 of the students parents in the second tax year',
'preceding the academic year; and ii in the case of an independent student, the adjusted gross income as defined in',
'section 62 of the internal revenue code of 1986 of the student and the students spouse, if applicable in the',
'second tax year preceding the academic year; b the term family size has the meaning given the term in section',
'480 k ; c the term poverty line means the poverty line as determined under the poverty guidelines updated periodically',
'in the federal register by the department of health and human services under the authority of section 673 2 of',
'the community services block grant act 42 u.s.c. 9902 2 applicable to the students family size and applicable to the',
'second tax year preceding the academic year; d the term single parent means i a parent of a dependent student',
'who was a head of household as defined in section 2 b of the internal revenue code of 1986 or',
'a surviving spouse as defined in section 2 a of the internal revenue code of 1986 or was an eligible',
'individual for purposes of the credit under section 32 of such code, in the second tax year preceding the academic',
'year; or ii an independent student who is a parent and was a head of household as defined in section',
'2 b page 134 stat. 3192 of the internal revenue code of 1986 or a surviving spouse as defined in',
'section 2 a of the internal revenue code of 1986 or was an eligible individual for purposes of the credit',
'under section 32 of such code, in the second tax year preceding the academic year; e the term total maximum',
'federal pell grant means the total maximum federal pell grant award per student for any academic year described under subsection',
'b 5 ; and f the term minimum federal pell grant means the minimum amount of a federal pell grant',
'that shall be awarded to a student for any academic year in which that student is attending full time, which',
'shall be equal to 10 percent of the total maximum federal pell grant for such academic year. b amount and',
'distribution of grants. 1 determination of amount of a federal pell grant. subject to paragraphs 2 and 3 , the',
'amount of a federal pell grant for a student shall be determined in accordance with the following: a a student',
'shall be eligible for a total maximum federal pell grant for an academic year in which the student is enrolled',
'in an eligible program full time i if the student and the students spouse, if applicable , or, in the',
'case of a dependent student, the dependent students parents or single parent , is not required to file a federal',
'income tax return in the second year preceding the academic year; ii if the student or, in the case of',
'a dependent student, the dependent students parent, is a single parent, and the adjusted gross income is greater than zero',
'and equal to or less than 225 percent of the poverty line; or iii if the student or, in the',
'case of a dependent student, the dependent students parent, is not a single parent, and the adjusted gross income is',
'greater than zero and equal to or less than 175 percent of the poverty line. b a student who is',
'not eligible for a total maximum federal pell grant under subparagraph a for an academic year, shall be eligible for',
'a federal pell grant for an academic year in which the student is enrolled in an eligible program full time',
'if such students student aid index in such award year is less than the total maximum federal pell grant for',
'that award year. the amount of the federal pell grant for a student eligible under this subparagraph shall be i',
'the total maximum federal pell grant as calculated under paragraph 5 a for that year, less ii an amount equal',
'to the amount determined to be the student aid index with respect to that student for that year, except that',
'a student aid index of less than zero shall be considered to be zero for the purposes of this clause,',
'rounded to the nearest $5, except that a student eligible for less than the minimum federal pell grant as defined',
'in section a 2 f shall not be eligible for an award. page 134 stat. 3193 c a student who',
'is not eligible for a federal pell grant under subparagraph a or b shall be eligible for the minimum federal',
'pell grant for an academic year in which the student is enrolled in an eligible program full time i in',
'the case of a dependent student i if the students parent is a single parent, and the adjusted gross income',
'is equal to or less than 325 percent of the poverty line; or ii if the students parent is not',
'a single parent, and the adjusted gross income is equal to or less than 275 percent of the poverty line;',
'or ii in the case of an independent student i if the student is a single parent, and the adjusted',
'gross income is equal to or less than 400 percent of the poverty line; ii if the student is a',
'parent and is not a single parent, and the adjusted gross income is equal to or less than 350 percent',
'of the poverty line; or iii if the student is not a parent, and the adjusted gross income is equal',
'to or less than 275 percent of the poverty line. d a student eligible for the total maximum federal pell',
'grant under subparagraph a who has or whose spouse or parent, as applicable based on whose information is used under',
'such subparagraph, has foreign income that would, if added to adjusted gross income, result in the student no longer being',
'eligible for such total maximum federal pell grant, shall not be provided a federal pell grant until the student aid',
'administrator evaluates the students fafsa and makes a determination regarding whether it is appropriate to make an adjustment under section',
'479a b 1 b v to account for such foreign income when determining the students eligibility for such total maximum',
'federal pell grant. e with respect to a student who is not eligible for the total maximum federal pell grant',
'under subparagraph a or a minimum federal pell grant under subparagraph c , the secretary shall subtract from the student',
'or parents adjusted gross income, as applicable based on whose income is used for the federal pell grant calculation, the',
'sum of the following for the individual whose income is so used, and consider such difference the adjusted gross income',
'for purposes of determining the students eligibility for such federal pell grant award under such subparagraph: i if the applicant,',
'or, if applicable, the parents or spouse of the applicant, elects to report receiving college grant and scholarship aid included',
'in gross income on a federal tax return described in section 480 e 2 , the amount of such aid.',
'ii income earned from work under part c of this title. page 134 stat. 3194 2 less than full time',
'enrollment. in any case where a student is enrolled in an eligible program of an institution of higher education on',
'less than a full time basis including a student who attends an institution of higher education on less than a',
'half time basis during any academic year, the amount of the federal pell grant to which that student is entitled',
'shall be reduced in direct proportion to the degree to which that student is not so enrolled on a full',
'time basis, rounded to the nearest whole percentage point, as provided in a schedule of reductions published by the secretary',
'computed in accordance with this subpart. such schedule of reductions shall be published in the federal register in accordance with',
'section 482. such reduced federal pell grant for a student enrolled on a less than full time basis shall also',
'apply proportionally to students who are otherwise eligible to receive the minimum federal pell grant, if enrolled full time. 3',
'award may not exceed cost of attendance. no federal pell grant under this subpart shall exceed the cost of attendance',
'as defined in section 472 at the institution at which that student is in attendance. if, with respect to any',
'student, it is determined that the amount of a federal pell grant for that student exceeds the cost of attendance',
'for that year, the amount of the federal pell grant shall be reduced until the federal pell grant does not',
'exceed the cost of attendance at such institution. 4 study abroad. notwithstanding any other provision of this subpart, the secretary',
'shall allow the amount of the federal pell grant to be exceeded for students participating in a program of study',
'abroad approved for credit by the institution at which the student is enrolled when the reasonable costs of such program',
'are greater than the cost of attendance at the students home institution, except that the amount of such federal pell',
'grant in any fiscal year shall not exceed the maximum amount of a federal pell grant for which a student',
'is eligible under paragraph 1 or 2 during such award year. if the preceding sentence applies, the financial aid administrator',
'at the home institution may use the cost of the study abroad program, rather than the home institutions cost, to',
'determine the cost of attendance of the student. 5 total maximum federal pell grant. a in general. for award year',
'2023 2024, and each subsequent award year, the total maximum federal pell grant award per student shall be equal to',
'the sum of i $1,060; and ii the amount specified as the maximum federal pell grant in the last enacted',
'appropriation act applicable to that award year. b rounding. the total maximum federal pell grant for any award year shall',
'be rounded to the nearest $5. 6 funds by fiscal year. a in general. to carry out this section i',
'there are authorized to be appropriated and are appropriated in addition to any other amounts appropriated to carry out this',
'section and out of any money in the treasury not otherwise appropriated page 134 stat. 3195 such sums as are',
'necessary to carry out paragraph 5 a i for fiscal year 2023 and each subsequent fiscal year; and ii such',
'sums as may be necessary are authorized to be appropriated to carry out paragraph 5 a ii for each of',
'the fiscal years 2023 through 2033. b note: effective date. time period. availability of funds. the amounts made available by',
'subparagraph a for any fiscal year shall be available beginning on october 1 of that fiscal year, and shall remain',
'available through september 30 of the succeeding fiscal year. 7 appropriation. a in general. in addition to any funds appropriated',
'under paragraph 6 and any funds made available for this section under any appropriations act, there are authorized to be',
'appropriated, and there are appropriated out of any money in the treasury not otherwise appropriated to carry out this section,',
'$1,170,000,000 for fiscal year 2023 and each subsequent award year. b no effect on previous appropriations. the amendments made to',
'this section by the fafsa simplification act shall not i increase or decrease the amounts that have been appropriated or',
'are available to carry out this section for fiscal year 2017, 2018, 2019, 2020, 2021, or 2022 as of the',
'day before the effective date of such act; or ii extend the period of availability for obligation that applied to',
'any such amount, as of the day before such effective date. c note: effective date. time period. availability of funds.',
'the amounts made available by this paragraph for any fiscal year shall be available beginning on october 1 of that',
'fiscal year, and shall remain available through september 30 of the succeeding fiscal year. 8 method of distribution. a in',
'general. for each fiscal year through fiscal year 2033, the secretary shall pay to each eligible institution such sums as',
'may be necessary to pay each eligible student for each academic year during which that student is in attendance at',
'an institution of higher education as an undergraduate, a federal pell grant in the amount for which that student is',
'eligible. b alternative disbursement. nothing in this section shall be interpreted to prohibit the secretary from paying directly to students,',
'in advance of the beginning of the academic term, an amount for which they are eligible, in the cases where',
'an eligible institution does not participate in the disbursement system under subparagraph a . 9 additional payment periods in same',
'award year. a effective in the 2017 2018 award year and thereafter, the secretary shall award an eligible student not',
'more than one and one half federal pell grants during a single award year to permit such student to work',
'toward completion of an eligible program if, during that single award year, the student has received a federal pell grant',
'for an award year and is enrolled in an eligible program page 134 stat. 3196 for one or more additional',
'payment periods during the same award year that are not otherwise fully covered by the students federal pell grant. b',
'in the case of a student receiving more than one federal pell grant in a single award year under subparagraph',
'a , the total amount of federal pell grants awarded to such student for the award year may exceed the',
'total maximum federal pell grant available for an award year. c any period of study covered by a federal pell',
'grant awarded under subparagraph a shall be included in determining a students duration limit under subsection d 5 . d',
'in any case where an eligible student is receiving a federal pell grant for a payment period that spans 2',
'award years, the secretary shall allow the eligible institution in which the student is enrolled to determine the award year',
'to which the additional period shall be assigned, as it determines is most beneficial to students. c special rule. 1',
'in general. a student described in paragraph 2 shall be eligible for the total maximum federal pell grant. 2 applicability.',
'paragraph 1 shall apply to any dependent or independent student a who is eligible to receive a federal pell grant',
'according to subsection b 1 for the award year for which the determination is made; b whose parent or guardian',
'was i an individual who, on or after september 11, 2001, died in the line of duty while serving on',
'active duty as a member of the armed forces; or ii actively serving as a public safety officer and died',
'in the line of duty while performing as a public safety officer; and c who is less than 33 years',
'of age. 3 information. notwithstanding any other provision of law a the secretary shall establish the necessary data sharing agreements',
'with the secretary of veterans affairs and the secretary of defense, as applicable, to provide the information necessary to determine',
'which students meet the requirements of paragraph 2 b i ; and b the financial aid administrator shall verify with',
'the student that the student is eligible for the adjustment and notify the secretary of the adjustment of the students',
'eligibility. 4 treatment of pell amount. notwithstanding section 1212 of the omnibus crime control and safe streets act of 1968',
'34 u.s.c. 10302 , in the case of a student who receives an increased federal pell grant amount under this',
'section, the total amount of such federal pell grant, including the increase under this subsection, shall not be considered in',
'calculating that students educational assistance benefits under the public safety officers benefits program under subpart 2 of part l of',
'title i of such act. 5 definition of public safety officer. for purposes of this subsection, the term public safety',
'officer means page 134 stat. 3197 a a public safety officer, as defined in section 1204 of title i of',
'the omnibus crime control and safe streets act of 1968 34 u.s.c. 10284 ; or b a fire police officer,',
'defined as an individual who i is serving in accordance with state or local law as an officially recognized or',
'designated member of a legally organized public safety agency; ii is not a law enforcement officer, a firefighter, a chaplain,',
'or a member of a rescue squad or ambulance crew; and iii provides scene security or directs traffic i in',
'response to any fire drill, fire call, or other fire, rescue, or police emergency; or ii at a planned special',
'event. d period of eligibility for grants. 1 in general. the period during which a student may receive federal pell',
'grants shall be the period required for the completion of the first undergraduate baccalaureate course of study being pursued by',
'that student at the institution at which the student is in attendance, except that any period during which the student',
'is enrolled in a noncredit or remedial course of study, as described in paragraph 2 , shall not be counted',
'for the purpose of this paragraph. 2 noncredit or remedial courses; study abroad. nothing in this section shall exclude from',
'eligibility courses of study which are noncredit or remedial in nature including courses in english language instruction which are determined',
'by the institution to be necessary to help the student be prepared for the pursuit of a first undergraduate baccalaureate',
'degree or certificate or, in the case of courses in english language instruction, to be necessary to enable the student',
'to use already existing knowledge, training, or skills. nothing in this section shall exclude from eligibility programs of study abroad',
'that are approved for credit by the home institution at which the student is enrolled. 3 no concurrent payments. no',
'student is entitled to receive pell grant payments concurrently from more than one institution or from both the secretary and',
'an institution. 4 postbaccalaureate program. notwithstanding paragraph 1 , the secretary may allow, on a case by case basis, a',
'student to receive a federal pell grant if the student a is carrying at least one half the normal full',
'time work load for the course of study the student is pursuing, as determined by the institution of higher education;',
'and b is enrolled or accepted for enrollment in a postbaccalaureate program that does not lead to a graduate degree,',
'and in courses required by a state in order for the student to receive a professional certification or licensing credential',
'that is required for employment as a teacher in an elementary school or secondary school in that state, except that',
'this paragraph shall not apply to a student who is enrolled in an institution of higher education that offers a',
'baccalaureate degree in education. 5 maximum period. a in general. except as provided in subparagraph b , the period during',
'which a student may receive federal page 134 stat. 3198 pell grants shall not exceed 12 semesters, or the equivalent',
'of 12 semesters, as determined by the secretary by regulation. such regulations shall provide, with respect to a student who',
'received a federal pell grant for a term but was enrolled at a fraction of full time, that only that',
'same fraction of such semester or equivalent shall count towards such duration limits. b exception. i in general. any federal',
'pell grant that a student received during a period described in subclause i or ii of clause ii shall not',
'count towards the students duration limits under this paragraph. ii applicable periods. clause i shall apply with respect to any',
'federal pell grant awarded to a student to enroll in an eligible program at an institution i during a period',
'of a students attendance at an institution aa at which the student was unable to complete a course of study',
'due to the closing of the institution; or bb for which the student was falsely certified as eligible for federal',
'aid under this title; or ii during a period aa for which the student received a loan under this title;',
'and bb for which the loan described in item aa is discharged under aa section 437 c 1 or section',
'464 g 1 ; bb section 432 a 6 ; or cc section 455 h due to the students successful',
'assertion of a defense to repayment of the loan, including defenses provided to any applicable groups of students. e applications',
'for grants. 1 deadlines. the secretary shall from time to time set dates by which students shall file the free',
'application for federal student aid under section 483. 2 application. each student desiring a federal pell grant for any year',
'shall file the free application for federal student aid containing the information necessary to enable the secretary to carry out',
'the functions and responsibilities of this subpart. f distribution of grants to students. payments under this section shall be made',
'in accordance with regulations promulgated by the secretary for such purpose, in such manner as will best accomplish the purpose',
'of this section. any disbursement allowed to be made by crediting the students account shall be limited to tuition and',
'fees, and food and housing if that food and housing is institutionally owned or operated. the student may elect to',
'have the institution provide other such goods and services by crediting the students account. g insufficient appropriations. if, for any',
'fiscal year, the funds appropriated for payments under this subpart are insufficient page 134 stat. 3199 to satisfy fully all',
'entitlements, as calculated under subsections b and c but at the maximum grant level specified in such appropriation , the',
'secretary shall promptly transmit a notice of such insufficiency to each house of the congress, and identify in such notice',
'the additional amount that would be required to be appropriated to satisfy fully all entitlements as so calculated at such',
'maximum grant level . h use of excess funds. 1 15 percent or less. if, at the end of a',
'fiscal year, the funds available for making payments under this subpart exceed the amount necessary to make the payments required',
'under this subpart to eligible students by 15 percent or less, then all of the excess funds shall remain available',
'for making payments under this subpart during the next succeeding fiscal year. 2 more than 15 percent. if, at the',
'end of a fiscal year, the funds available for making payments under this subpart exceed the amount necessary to make',
'the payments required under this subpart to eligible students by more than 15 percent, then all of such funds shall',
'remain available for making such payments but payments may be made under this paragraph only with respect to entitlements for',
'that fiscal year. i treatment of institutions and students under other laws. any institution of higher education which enters into',
'an agreement with the secretary to disburse to students attending that institution the amounts those students are eligible to receive',
'under this subpart shall not be deemed, by virtue of such agreement, a contractor maintaining a system of records to',
'accomplish a function of the secretary. recipients of pell grants shall not be considered to be individual grantees for purposes',
'of chapter 81 of title 41, united states code. j institutional ineligibility based on default rates. 1 in general. no',
'institution of higher education shall be an eligible institution for purposes of this subpart if such institution of higher education',
'is ineligible to participate in a loan program under part b or d as a result of a final default',
'rate determination made by the secretary under part b or d after the final publication of cohort default rates for',
'fiscal year 1996 or a succeeding fiscal year. 2 sanctions subject to appeal opportunity. no institution may be subject to',
'the terms of this subsection unless the institution has had the opportunity to appeal the institutions default rate determination under',
'regulations issued by the secretary for the loan program authorized under part b or d, as applicable. this subsection shall',
'not apply to an institution that was not participating in the loan program authorized under part b or d on',
'october 7, 1998, unless the institution subsequently participates in the loan programs.. sec. 704. conforming amendments. the higher education act',
'of 1965 20 u.s.c. 1001 et seq. is amended 1 by striking the expected family contribution each place the term',
'appears and inserting the student aid index; 2 by striking expected family contributions each place the term appears and inserting',
'student aid indexes; page 134 stat. 3200 3 by striking an expected family contribution each place the term appears and',
'inserting a student aid index; 4 by striking average expected family contribution each place the term appears and inserting average',
'student aid index; 5 in section 415e c 1 b vii , by striking automatic zero expected family contribution and',
'inserting automatic zero student aid index; and 6 in section 428 a 2 b , by striking expected family contribution',
'and inserting student aid index. sec. 705. repeal of the subsidized usage limit applies sula restriction. a repeal. section 455',
'q of the higher education act of 1965 20 u.s.c. 1087e q is repealed. b note: deadline. 20 usc 1087e',
'note. early effective date permitted. notwithstanding section 701 b of this act and section 455 q of the higher education',
'act of 1965 20 u.s.c. 1087e q as in effect on the date of enactment of this act, the secretary',
'of education may implement the repeal authorized under subsection a before but not later than july 1, 2023. the secretary',
'shall specify in a designation on what date and for which award years the implementation of such repeal will be',
'effective prior to july 1, 2023. note: federal register, publication. deadline. the secretary shall publish any designation under this paragraph',
'in the federal register at least 60 days before implementation. sec. 706. note: 20 usc 1001 note. deadline. forgiveness of',
'hbcu capital financing loans. a forgiveness. not later than 90 days after the effective date of this section, the secretary',
'of education shall repay each institution of higher educations outstanding balance of principal, interest, fees, and costs on the disbursed',
'loan amounts as of such effective date under each applicable closed loan agreement, including paying any reimbursement including reimbursements of',
'escrow and return of fees and deposits relating to the applicable closed loan agreement that are usual and customary when',
'the loan is paid off by the institution. b applicable closed loan agreement. in this section, the term applicable closed',
'loan agreement means each of the following: 1 a closed loan agreement executed before the date of enactment of this',
'act and made under part d of title iii of the higher education act of 1965 20 u.s.c. 1066 et',
'seq. . 2 a closed loan agreement executed before the date of enactment of this act and made for deferment',
'balances authorized under a section 3512 of the cares act 20 u.s.c. 1001 note ; b title iii of division',
'a of the further consolidated appropriations act, 2020 public law 116 94; 133 stat. 2586 ; c title iii of',
'division b of the department of defense and labor, health and human services, and education appropriations act, 2019 and continuing',
'appropriations act, 2019 public law 115 245; 132 stat. 3097 ; or d title iii of division h of the',
'consolidated appropriations act, 2018 public law 115 141; 132 stat. 741 . c authorization and appropriation. there are authorized to',
'be appropriated, and there are appropriated, out of any amounts page 134 stat. 3201 in the treasury not otherwise appropriated,',
'such sums as may be necessary to carry out subsection a . d effective date. notwithstanding section 701 b ,',
'this section shall take effect on the date of enactment of this act. title viii access to death information furnished',
'to or maintained by the social security administration sec. 801. access to death information furnished to or maintained by the',
'social security administration. a in general. section 205 r of the social security act 42 u.s.c. 405 r is amended',
'1 in paragraph 2 a by striking each state and inserting a each state; b by striking may and inserting',
'shall; c by striking from amounts available for administration of this act the reasonable costs established by the commissioner of',
'social security in consultations with the states for transcribing and transmitting such information to the commissioner of social security. and',
'inserting for the following: i a fee, to be established pursuant to subparagraph b , for the use of such',
'information by i the commissioner; and ii any other agency that receives such information from the commissioner and is subject',
'to the requirements of subparagraph 3 a . ii the full documented cost to the state of transmitting such information',
'to the commissioner, including the costs of maintaining, enhancing, and operating any electronic system used solely for transmitting such information',
'to the commissioner. b the fee for the use of such information shall be established by the commissioner of social',
'security in consultations with the states, and shall include i a share of the costs to the state associated with',
'collecting and maintaining such information; ensuring the completeness, timeliness, and accuracy of such information; and maintaining, enhancing, and operating the',
'electronic systems that allow for the transmission of such information; and ii a fee for the right to use such',
'information. c the commissioner of social security shall not use amounts provided for a fiscal year in an appropriation act',
'under the heading limitation on administrative expenses for the social security administration for the amounts under paragraph 3 a ,',
'except as the commissioner determines is necessary on a temporary basis and subject to reimbursement under such paragraph. ; page',
'134 stat. 3202 2 in paragraph 3 a , by striking for the reasonable cost of carrying out such arrangement,',
'and and inserting for i the agencys proportional share as determined by the commissioner in consultation with the head of',
'the agency of i the payments to states required under paragraph 2 a ; ii the costs to the commissioner',
'of developing the contracts described in paragraph 1 ; and iii the costs to the commissioner of carrying out the',
'study required under section 802 of division ff of the consolidated appropriations act, 2021; and ii the full documented cost',
'to the commissioner of developing such arrangement and transmitting such information to the agency; and; 3 in paragraph 5 a',
'by striking such records as may be corrected under this section and inserting all information regarding deceased individuals furnished to',
'or maintained by the commissioner under this subsection; and b by striking by federal and state agencies and inserting by',
'a federal or state agency, provided that the requirements of subparagraphs a and b of paragraph 3 are met; 4',
'by redesignating paragraphs 7 through 9 as paragraphs 8 through 10 , respectively, and inserting after paragraph 6 the following',
'new paragraph: 7 in the event an individual is incorrectly identified as deceased in the records furnished by a state',
'to the commissioner of social security under this subsection and the individual provides the commissioner with the necessary documentation to',
'correct such identification, the commissioner may a note: notification. notify the state of the error in the records so furnished;',
'and b inform the individual of the source of the incorrect death data. ; 5 in paragraph 9 f ,',
'as so redesignated, by striking the commission and inserting the commissioner; 6 in paragraph 10 , as so redesignated a',
'by adjusting the left margin so as to align with the left margin of paragraph 9 ; and b in',
'subparagraph a i , by inserting , provided that the requirements of subparagraphs a and b of paragraph 3 are',
'met with respect to such agreement before the semicolon; and 7 by adding at the end the following new paragraph:',
'11 note: time period. during the 3 year period that begins on the effective date of this paragraph, the commissioner',
'of social security shall, to the extent feasible, provide information furnished to the commissioner under paragraph 1 to the agency',
'operating the do not pay working system described in section 3354 c of title 31, united states code, to prevent',
'improper payments to deceased individuals through a cooperative arrangement with page 134 stat. 3203 such agency, provided that the requirements',
'of subparagraphs a and b of paragraph 3 are met with respect to such arrangement with such agency.. b note:',
'42 usc 405 note. effective dates. 1 in general. subject to paragraph 2 , the amendments made by this section',
'shall take effect on the date of enactment of this act. 2 delay. the amendment made by paragraph 7 of',
'subsection a shall take effect on the date that is 3 years after the date of enactment of this act.',
'sec. 802. study and report to congress on sources and access to death data. a note: deadline. contracts. study. not',
'later than 180 days after the date of enactment of this act, the commissioner of social security shall enter into',
'an agreement with the national academy of public administration to conduct an independent study of the current and potential sources',
'for, and provision of access to, state owned death data for limited use by federal agencies and programs for purposes',
'of program administration and payment integrity. note: consultation. such study shall be performed in consultation with state vital records agencies,',
'the national association for public health statistics and information systems naphsis , the commissioner of social security, the agency operating',
'the do not pay working system described in section 3354 c of title 31, united states code, and other federal',
'agencies using such death data, as appropriate, and shall include the following: 1 note: analysis. analysis of the following: a',
'the sources and owners of the death data. b the timeliness, accuracy, and completeness of state owned death data, including',
'the process for correcting inaccuracies . c federal and state laws that may affect legal access to, and protections for,',
'state owned death data. d federalism and the appropriate roles of the relevant federal and state entities, including states role',
'in recording vital records and the core mission and responsibility of any federal agency involved. e the costs incurred for',
'each step of the death data collection, management, protection legal and otherwise , and transmission processes, and the challenges to',
'adequate funding of state vital records programs. f unmet needs if any for these data among federal agencies or programs.',
'g options for providing federal agencies with limited access to state owned death data, including federal agencies contracting directly with',
'states for access to such data or distribution of such data via the commissioner of social security or another federal',
'agency or program, and corresponding options for appropriate reimbursement structures. 2 note: assessment. an assessment of the strengths and limitations',
'of the options for distribution and reimbursement identified in paragraph 1 g . b report. upon completion of the study',
'required under subsection a , the commissioner of social security shall transmit the study to the committees on ways and',
'means and oversight page 134 stat. 3204 and reform of the house of representatives, and the committees on finance and',
'homeland security and governmental affairs of the senate. title ix telecommunications and consumer protection sec. 901. note: portable fuel container',
'safety act of 2020. determinations. 15 usc 2056d. performance standards to protect against portable fuel container explosions near open flames',
'or other ignition sources. a short title. this section may be cited as the portable fuel container safety act of',
'2020. b standards. 1 note: deadline. rule on safety performance standards required. not later than 30 months after the date',
'of enactment of this act, the consumer product safety commission referred to in this act as the commission shall promulgate',
'a final rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the',
'container, except as provided in paragraph 3 . 2 rulemaking; consumer product safety standard. a rule under paragraph 1 a',
'shall be promulgated in accordance with section 553 of title 5, united states code; and b shall be treated as',
'a consumer product safety rule promulgated under section 9 of the consumer product safety act 15 u.s.c. 2058 . 3',
'exception. a voluntary standard. paragraph 1 shall not apply for a class of portable fuel containers in the scope of',
'this act if the commission determines at any time that i there is a voluntary standard for flame mitigation devices',
'for those containers that impedes the propagation of flame into the container; ii the voluntary standard described in clause i',
'is or will be in effect not later than 18 months after the date of enactment of this act; and',
'iii the voluntary standard described in clause i is developed by astm international or such other standard development organization that',
'the commission determines to have met the intent of this act. b determination required to be published in the federal',
'register. any determination made by the commission under this subsection shall be published in the federal register. 4 treatment of',
'voluntary standard for purpose of enforcement. note: effective dates. if the commission determines that a voluntary standard meets the conditions',
'described in paragraph 3 a , the requirements of such voluntary standard shall be treated as a consumer product safety',
'rule promulgated under section 9 of the consumer product safety act 15 u.s.c. 2058 beginning on the date which is',
'the later of a 180 days after publication of the commissions determination under paragraph 3 ; or page 134 stat.',
'3205 b the effective date contained in the voluntary standard. 5 revision of voluntary standard. a notice to commission. if',
'the requirements of a voluntary standard that meet the conditions of paragraph 3 are subsequently revised, the organization that revised',
'the standard shall notify the commission after the final approval of the revision. b note: deadlines. notification. regulations. effective date',
'of revision. not later than 180 days after the commission is notified of a revised voluntary standard described in subparagraph',
'a or such later date as the commission determines appropriate , such revised voluntary standard shall become enforceable as a',
'consumer product safety rule promulgated under section 9 of the consumer product safety act 15 u.s.c. 2058 , in place',
'of the prior version, unless within 90 days after receiving the notice the commission determines that the revised voluntary standard',
'does not meet the requirements described in paragraph 3 . 6 future rulemaking. the commission, at any time after publication',
'of the consumer product safety rule required by paragraph 1 , a voluntary standard is treated as a consumer product',
'safety rule under paragraph 4 , or a revision is enforceable as a consumer product safety rule under paragraph 5',
'may initiate a rulemaking in accordance with section 553 of title 5, united states code, to modify the requirements or',
'to include any additional provision that the commission determines is reasonably necessary to protect the public against flame jetting from',
'a portable fuel container. any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated',
'under section 9 of the consumer product safety act 15 u.s.c. 2058 . 7 action required. a note: deadline. education',
'campaign. not later than 1 year after the date of enactment of this act, the commission shall undertake a campaign',
'to educate consumers about the dangers associated with using or storing portable fuel containers for flammable liquids near an open',
'flame or any other source of ignition. b note: deadline. summary. summary of actions. not later than 2 years after',
'the date of enactment of this act, the commission shall submit to congress a summary of actions taken by the',
'commission in such campaign. 8 portable fuel container defined. in this act, the term portable fuel container means any container',
'or vessel including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit',
'or aftermarket spout or component intended or reasonably anticipated to be for use with such container a intended for flammable',
'liquid fuels with a flash point less than 140 degrees fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or',
'biofuels; b that is a consumer product with a capacity of 5 gallons or less; and page 134 stat. 3206',
'c that the manufacturer knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid',
'fuels. 9 rule of construction. this act may not be interpreted to conflict with the childrens gasoline burn prevention act',
'public law 110 278; 122 stat. 2602 . c childrens gasoline burn prevention act. 1 amendment. section 2 c of',
'the childrens gasoline burn prevention act 15 u.s.c. 2056 note; public law 110 278 is amended by inserting after for',
'use by consumers the following: and any receptacle for gasoline, kerosene, or diesel fuel, including any spout, cap, and other',
'closure mechanism and component of such receptacle or any retrofit or aftermarket spout or component intended or reasonably anticipated to',
'be for use with such receptacle, produced or distributed for sale to or use by consumers for transport of, or',
'refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel. 2 applicability. the amendment made by paragraph 1 shall',
'take effect 6 months after the date of enactment of this act. sec. 902. note: dont break up the t',
'band act of 2020. 47 usc 609 note. dont break up the t band. a short title. this section may',
'be cited as the dont break up the t band act of 2020. b repeal of requirement to reallocate and',
'auction t band spectrum. 1 repeal. section 6103 of the middle class tax relief and job creation act of 2012',
'47 u.s.c. 1413 is repealed. 2 clerical amendment. the table of contents in section 1 b of such act is',
'amended by striking the item relating to section 6103. c clarifying acceptable 9 1 1 obligations or expenditures. section 6',
'of the wireless communications and public safety act of 1999 47 u.s.c. 615a 1 is amended 1 in subsection f',
'a in paragraph 1 , by striking as specified in the provision of state or local law adopting the fee',
'or charge and inserting consistent with the purposes and functions designated in the final rules issued under paragraph 3 as',
'purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable; b in paragraph',
'2 , by striking any purpose other than the purpose for which any such fees or charges are specified and',
'inserting any purpose or function other than the purposes and functions designated in the final rules issued under paragraph 3',
'as purposes and functions for which the obligation or expenditure of any such fees or charges is acceptable; and c',
'by adding at the end the following: 3 acceptable obligations or expenditures. a note: deadline. rules required. in order to',
'prevent diversion of 9 1 1 fees or charges, the commission shall, not later than 180 days after the date',
'of the enactment of this paragraph, issue final rules designating purposes and functions for which the obligation or expenditure of',
'9 1 1 fees page 134 stat. 3207 or charges, by any state or taxing jurisdiction authorized to impose such',
'a fee or charge, is acceptable. b note: determination. purposes and functions. the purposes and functions designated under subparagraph a',
'shall be limited to the support and implementation of 9 1 1 services provided by or in the state or',
'taxing jurisdiction imposing the fee or charge and operational expenses of public safety answering points within such state or taxing',
'jurisdiction. in designating such purposes and functions, the commission shall consider the purposes and functions that states and taxing jurisdictions',
'specify as the intended purposes and functions for the 9 1 1 fees or charges of such states and taxing',
'jurisdictions, and determine whether such purposes and functions directly support providing 9 1 1 services. c consultation required. the commission',
'shall consult with public safety organizations and states and taxing jurisdictions as part of any proceeding under this paragraph. d',
'definitions. in this paragraph: i 9 1 1 fee or charge. the term 9 1 1 fee or charge means',
'a fee or charge applicable to commercial mobile services or ip enabled voice services specifically designated by a state or',
'taxing jurisdiction for the support or implementation of 9 1 1 services. ii 9 1 1 services. the term 9',
'1 1 services has the meaning given such term in section 158 e of the national telecommunications and information administration',
'organization act 47 u.s.c. 942 e . iii state or taxing jurisdiction. the term state or taxing jurisdiction means a',
'state, political subdivision thereof, indian tribe, or village or regional corporation serving a region established pursuant to the alaska native',
'claims settlement act 43 u.s.c. 1601 et seq. . 4 participation. if a state or taxing jurisdiction as defined in',
'paragraph 3 d receives a grant under section 158 of the national telecommunications and information administration organization act 47 u.s.c.',
'942 after the date of the enactment of this paragraph, such state or taxing jurisdiction shall, as a condition of',
'receiving such grant, provide the information requested by the commission to prepare the report required by paragraph 2 . 5',
'petition regarding additional purposes and functions. a in general. a state or taxing jurisdiction as defined in paragraph 3 d',
'may submit to the commission a petition for a determination that an obligation or expenditure of a 9 1 1',
'fee or charge as defined in such paragraph by such state or taxing jurisdiction for a purpose or function other',
'than a purpose or function designated under paragraph 3 a should be treated as such a purpose or function. if',
'the commission finds that the state or taxing jurisdiction has provided sufficient documentation to make the demonstration described in subparagraph',
'b , the commission shall grant such petition. page 134 stat. 3208 b demonstration described. the demonstration described in this',
'subparagraph is a demonstration that the purpose or function i supports public safety answering point functions or operations; or ii',
'has a direct impact on the ability of a public safety answering point to i receive or respond to 9',
'1 1 calls; or ii dispatch emergency responders. ; and 2 by adding at the end the following: j severability',
'clause. if any provision of this section or the application thereof to any person or circumstance is held invalid, the',
'remainder of this section and the application of such provision to other persons or circumstances shall not be affected thereby..',
'd note: 47 usc 615a 1 note. prohibition on 9 1 1 fee or charge diversion. 1 in general. if',
'the commission obtains evidence that suggests the diversion by a state or taxing jurisdiction of 9 1 1 fees or',
'charges, the commission shall submit such information, including any information regarding the impact of any underfunding of 9 1 1',
'services in the state or taxing jurisdiction, to the interagency strike force established under paragraph 3 . 2 report to',
'congress. beginning with the first report under section 6 f 2 of the wireless communications and public safety act of',
'1999 47 u.s.c. 615a 1 f 2 that is required to be submitted after the date that is 1 year',
'after the date of the enactment of this act, the commission shall include in each report required under such section',
'all evidence that suggests the diversion by a state or taxing jurisdiction of 9 1 1 fees or charges, including',
'any information regarding the impact of any underfunding of 9 1 1 services in the state or taxing jurisdiction. 3',
'interagency strike force to end 9 1 1 fee or charge diversion. a note: deadline. establishment. not later than 180',
'days after the date of the enactment of this act, the commission shall establish an interagency strike force to study',
'how the federal government can most expeditiously end diversion by a state or taxing jurisdiction of 9 1 1 fees',
'or charges. such interagency strike force shall be known as the ending 9 1 1 fee diversion now strike force',
'in this subsection referred to as the strike force . b duties. in carrying out the study under subparagraph a',
', the strike force shall i determine the effectiveness of any federal laws, including regulations, policies, and practices, or budgetary',
'or jurisdictional constraints regarding how the federal government can most expeditiously end diversion by a state or taxing jurisdiction of',
'9 1 1 fees or charges; ii consider whether criminal penalties would further prevent diversion by a state or taxing',
'jurisdiction of 9 1 1 fees or charges; and iii determine the impacts of diversion by a state or taxing',
'jurisdiction of 9 1 1 fees or charges. page 134 stat. 3209 c members. the strike force shall be composed',
'of such representatives of federal departments and agencies as the commission considers appropriate, in addition to i state attorneys general;',
'ii states or taxing jurisdictions found not to be engaging in diversion of 9 1 1 fees or charges; iii',
'states or taxing jurisdictions trying to stop the diversion of 9 1 1 fees or charges; iv state 9 1',
'1 administrators; v public safety organizations; vi groups representing the public and consumers; and vii groups representing public safety answering',
'point professionals. d note: web posting. report to congress. not later than 270 days after the date of the enactment',
'of this act, the strike force shall publish on the website of the commission and submit to the committee on',
'energy and commerce of the house of representatives and the committee on commerce, science, and transportation of the senate a',
'report on the findings of the study under this paragraph, including i note: recommenda tions. any recommendations regarding how to',
'most expeditiously end the diversion by a state or taxing jurisdiction of 9 1 1 fees or charges, including actions',
'that can be taken by federal departments and agencies and appropriate changes to law or regulations; and ii a description',
'of what progress, if any, relevant federal departments and agencies have made in implementing the recommendations under clause i .',
'4 failure to comply. notwithstanding any other provision of law, any state or taxing jurisdiction identified by the commission in',
'the report required under section 6 f 2 of the wireless communications and public safety act of 1999 47 u.s.c.',
'615a 1 f 2 as engaging in diversion of 9 1 1 fees or charges shall be ineligible to participate',
'or send a representative to serve on any committee, panel, or council established under section 6205 a of the middle',
'class tax relief and job creation act of 2012 47 u.s.c. 1425 a or any advisory committee established by the',
'commission. e note: 47 usc 615a 1 note. rule of construction. nothing in this act, the wireless communications and public',
'safety act of 1999 public law 106 81 , or the communications act of 1934 47 u.s.c. 151 et seq.',
'shall be construed to prevent a state or taxing jurisdiction from requiring an annual audit of the books and records',
'of a provider of 9 1 1 services concerning the collection and remittance of a 9 1 1 fee or',
'charge. f note: 47 usc 615a 1 note. definitions. in this act: 1 9 1 1 fee or charge. the',
'term 9 1 1 fee or charge has the meaning given such term in subparagraph d of paragraph 3 of',
'section 6 f of the wireless communications and public safety act of 1999, as added by this act. 2 9',
'1 1 services. the term 9 1 1 services has the meaning given such term in section 158 e of',
'the national telecommunications and information administration organization act 47 u.s.c. 942 e . page 134 stat. 3210 3 commission. the',
'term commission means the federal communications commission. 4 diversion. the term diversion means, with respect to a 9 1 1',
'fee or charge, the obligation or expenditure of such fee or charge for a purpose or function other than the',
'purposes and functions designated in the final rules issued under paragraph 3 of section 6 f of the wireless communications',
'and public safety act of 1999, as added by this act, as purposes and functions for which the obligation or',
'expenditure of such a fee or charge is acceptable. 5 state or taxing jurisdiction. the term state or taxing jurisdiction',
'has the meaning given such term in subparagraph d of paragraph 3 of section 6 f of the wireless communications',
'and public safety act of 1999, as added by this act. sec. 903. note: advancing critical connectivity expands service, small',
'business resources, opportunities, access, and data based on assessed need and demand act. 47 usc 1307. deadline. office of internet',
'connectivity and growth. a short title. this section may be cited as the advancing critical connectivity expands service, small business',
'resources, opportunities, access, and data based on assessed need and demand act or the access broadband act. b establishment. not',
'later than 180 days after the date of the enactment of this act, the assistant secretary shall establish the office',
'of internet connectivity and growth within the national telecommunications and information administration. c duties. 1 outreach. the office shall a',
'connect with communities that need access to high speed internet and improved digital inclusion efforts through various forms of outreach',
'and communication techniques; b hold regional workshops across the country to share best practices and effective strategies for promoting broadband',
'access and adoption; c develop targeted broadband training and presentations for various demographic communities through various media; d develop and',
'distribute publications including toolkits, primers, manuals, and white papers providing guidance, strategies, and insights to communities as the communities develop',
'strategies to expand broadband access and adoption; and e as applicable in carrying out subparagraphs a through d , coordinate',
'with state agencies that provide similar broadband investments, outreach, and coordination through federal programs. 2 tracking of federal dollars. a',
'broadband infrastructure. the office shall track the construction and use of and access to any broadband infrastructure built using any',
'federal support in a central database. b accounting mechanism. the office shall develop a streamlined accounting mechanism by which any',
'agency offering a federal broadband support program and the commission for any universal service fund program shall provide the information',
'described in subparagraph a in a standardized and efficient fashion. page 134 stat. 3211 c note: public information. web posting.',
'report. not later than 1 year after the date of the enactment of this act, and every year thereafter, the',
'office shall make public on the website of the office and submit to the committee on energy and commerce of',
'the house of representatives and the committee on commerce, science, and transportation of the senate a report on the following:',
'i a description of the work of the office for the previous year and the number of residents of the',
'united states that received broadband as result of federal broadband support programs and the universal service fund programs. ii a',
'description of how many residents of the united states were provided broadband by which universal service mechanism or which federal',
'broadband support program. iii note: estimate. an estimate of the economic impact of such broadband deployment efforts on local economies,',
'including any effect on small businesses or jobs. d relation to current broadband activities of ntia. the note: assignment. assistant',
'secretary shall assign to the office all activities performed by the national telecommunications and information administration as of the date',
'of the enactment of this act that are similar to the activities required to be conducted by the office under',
'this act. e streamlined applications for support. 1 note: consultation. agency consultation. the office shall consult with any agency offering',
'a federal broadband support program to streamline and standardize the applications process for financial assistance or grants for such program.',
'2 agency streamlining. any agency offering a federal broadband support program shall amend the applications of the agency for broadband',
'support, to the extent practicable and as necessary, to streamline and standardize applications for federal broadband support programs across the',
'government. 3 single application. to the greatest extent practicable, the office shall seek to create one application that may be',
'submitted to apply for all, or substantially all, federal broadband support programs. 4 note: deadline. website required. not later than',
'180 days after the date of the enactment of this act, the office shall create a central website through which',
'potential applicants can learn about and apply for support through any federal broadband support program. f coordination of support. 1',
'in general. to ensure that federal support for broadband deployment is being distributed in an efficient, technology neutral, and financially',
'sustainable manner, and that a program does not duplicate any other federal broadband support program or any universal service fund',
'high cost program a any agency that offers a federal broadband support program shall coordinate with the office consistent with',
'the goals described in paragraph 2 ; and b the office, with respect to federal broadband support programs, and the',
'commission, with respect to the page 134 stat. 3212 universal service fund high cost programs, shall coordinate with each other',
'consistent with the goals described in paragraph 2 . 2 goals. the goals of any coordination conducted pursuant to this',
'subsection are the following: a serving the largest number of unserved locations in the united states and ensuring all residents',
'of the united states have access to high speed broadband. b promoting the most job and economic growth for all',
'residents of the united states. 3 note: consultation. broadband availability maps. the office and the commission shall consult the broadband',
'availability maps produced by the commission when coordinating under paragraph 1 . g definitions. in this act: 1 agency. the',
'term agency has the meaning given that term in section 551 of title 5, united states code. 2 assistant secretary.',
'the term assistant secretary means the assistant secretary of commerce for communications and information. 3 commission. the term commission means',
'the federal communications commission. 4 federal broadband support program. the term federal broadband support program does not include any universal',
'service fund program and means any of the following programs or any other similar federal program to the extent the',
'program offers broadband internet service, support for broadband deployment, or programs for promoting broadband access and adoption for various demographic',
'communities through various media for residential, commercial, community providers, or academic establishments: a the telecommunications and technology program of the',
'appalachian regional commission. b the telecommunications infrastructure loan and loan guarantee program established under the rural electrification act of 1936,',
'the rural broadband access program established under title vi of that act 7 u.s.c. 950bb et seq. , the initiative',
'under section 306f of that act 7 u.s.c. 936f , the community connect grant program established under section 604 of',
'that act 7 u.s.c. 950bb 3 , the broadband loan and grant pilot program authorized under section 779 of division',
'a of the consolidated appropriations act, 2018 public law 115 141; 132 stat. 399 commonly known as the rural econnectivity',
'pilot program or the reconnect program , and the distance learning and telemedicine program under chapter 1 of subtitle d',
'of title xxiii of the food, agriculture, conservation, and trade act of 1990 7 u.s.c. 950aaa et seq. . c',
'community facility direct and guaranteed loans under section 306 a of the consolidated farm and rural development act 7 u.s.c.',
'1926 a , community facility grants under paragraph 19 , 20 , or 21 of section 306 a of the',
'consolidated farm and rural development act 7 u.s.c. 1926 a , and the rural community development initiative authorized under the',
'heading rural housing service rural community facilities program account under title iii of division b of the further consolidated page',
'134 stat. 3213 appropriations act, 2020 public law 116 94; 133 stat. 2629 . d the public works and economic',
'adjustment assistance programs and the planning and local technical assistance programs of the economic development administration of the department of',
'commerce. e the community development block grants and section 108 loan guarantees programs, the funds for public housing authorities: capital',
'fund and operating fund, the multifamily housing programs, the indian community development block grant program, the indian housing block grant',
'program, the title vi loan guarantee program, the choice neighborhoods program, the home investment partnerships program, the housing trust fund,',
'and the housing opportunities for persons with aids program of the department of housing and urban development. f the american',
'job centers of the employment and training administration of the department of labor. g the library services and technology grant',
'programs of the institute of museum and library services. 5 office. the term office means the office of internet connectivity',
'and growth established pursuant to subsection b . 6 universal service fund high cost programs. the term universal service fund',
'high cost programs means a the program for universal service support for high cost areas set forth under subpart d',
'of part 54 of title 47, code of federal regulations, or any successor thereto; b the rural digital opportunity fund',
'set forth under subpart j of part 54 of title 47, code of federal regulations, or any successor thereto; c',
'the interstate common line support mechanism for rate of return carriers set forth under subpart k of part 54 of',
'title 47, code of federal regulations, or any successor thereto; d the mobility fund and 5g fund set forth under',
'subpart l of part 54 of title 47, code of federal regulations, or any successor thereto; and e the high',
'cost loop support for rate of return carriers program set forth under subpart m of part 54 of title 47,',
'code of federal regulations, or any successor thereto. 7 universal service fund program. the term universal service fund program means',
'any program authorized under section 254 of the communications act of 1934 47 u.s.c. 254 to help deploy broadband. 8',
'universal service mechanism. the term universal service mechanism means any funding stream provided by a universal service fund program to',
'support broadband access. h rule of construction. nothing in this act is intended to alter or amend any provision of',
'section 254 of the communications act of 1934 47 u.s.c. 254 . page 134 stat. 3214 sec. 904. note: broadband',
'interagency coordination act of 2020. contracts. 47 usc 1308. interagency agreement. a short title. this section may be cited as',
'the broadband interagency coordination act of 2020. b interagency agreement. 1 definitions. in this act a the term covered agency',
'means i the federal communications commission; ii the department of agriculture; and iii the national telecommunications and information administration; and',
'b the term high cost programs means i the program for universal service support for high cost areas set forth',
'under subpart d of part 54 of title 47, code of federal regulations, or any successor thereto; ii the rural',
'digital opportunity fund set forth under subpart j of part 54 of title 47, code of federal regulations, or any',
'successor thereto; iii the interstate common line support mechanism for rate of return carriers set forth under subpart k of',
'part 54 of title 47, code of federal regulations, or any successor thereto; iv the mobility fund and 5g fund',
'set forth under subpart l of part 54 of title 47, code of federal regulations, or any successor thereto; and',
'v the high cost loop support for rate of return carriers program set forth under subpart m of part 54',
'of title 47, code of federal regulations, or any successor thereto. 2 note: deadline. interagency agreement. not later than 180',
'days after the date of enactment of this act, the heads of the covered agencies shall enter into an interagency',
'agreement requiring coordination between the covered agencies for the distribution of funds for broadband deployment under a the high cost',
'programs; b the programs administered by the rural utilities service of the department of agriculture and the department of agriculture;',
'and c the programs administered by or coordinated through the national telecommunications and information administration. 3 requirements. in entering into',
'an interagency agreement with respect to the programs described in paragraph 2 , the heads of the covered agencies shall',
'a require that the covered agencies share information with each other about existing or planned projects that have received or',
'will receive funds under the programs described in paragraph 2 for new broadband deployment; b provide that i subject to',
'clause ii , upon request from another covered agency with authority to award or authorize any funds for new broadband',
'deployment in a project area, a covered agency shall provide the other covered agency with any information the covered agency',
'possesses regarding, with respect to the project area i each entity that provides broadband service in the area; page 134',
'stat. 3215 ii levels of broadband service provided in the area, including the speed of broadband service and the technology',
'provided; iii the geographic scope of broadband service coverage in the area; and iv each entity that has received or',
'will receive funds under the programs described in paragraph 2 to provide broadband service in the area; and ii if',
'a covered agency designates any information provided to another covered agency under clause i as confidential, the other covered agency',
'shall protect the confidentiality of that information; c consider basing the distribution of funds for broadband deployment under the programs',
'described in paragraph 2 on standardized data regarding broadband coverage; and d provide that the interagency agreement shall be updated',
'periodically, except that the scope of the agreement with respect to the federal communications commission may not expand beyond the',
'high cost programs. 4 assessment of agreement. a note: deadline. public comment. not later than 1 year after entering into',
'the interagency agreement required under paragraph 2 , the federal communications commission shall seek public comment on i the effectiveness',
'of the interagency agreement in facilitating efficient use of funds for broadband deployment; ii the availability of tribal, state, and',
'local data regarding broadband deployment and the inclusion of that data in interagency coordination; and iii modifications to the interagency',
'agreement that would improve the efficacy of interagency coordination. b assessment; report. not later than 18 months after the date',
'of enactment of this act, the federal communications commission shall i note: review. review and assess the comments received under',
'subparagraph a ; and ii 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 detailing any findings and recommendations from the assessment conducted',
'under clause i . sec. 905. note: beat china by harnessing important, national airwaves for 5g act of 2020. 47',
'usc 921 note. reallocation and auction of 3450 3550 mhz spectrum band. a short title. this section may be cited',
'as the beat china by harnessing important, national airwaves for 5g act of 2020 or the beat china for 5g',
'act of 2020. b definitions. in this act 1 the term commission means the federal communications commission; and page 134',
'stat. 3216 2 the term covered band means the band of electromagnetic spectrum between the frequencies of 3450 megahertz and',
'3550 megahertz, inclusive. c note: deadlines. withdrawal or modification of federal government assignments. the president, acting through the assistant secretary',
'of commerce for communications and information, shall 1 note: coordination. not later than 180 days after the date of enactment',
'of this act, in coordination with relevant federal users, begin the process of withdrawing or modifying the assignments to federal',
'government stations of the covered band as necessary for the commission to comply with subsection d ; and 2 not',
'later than 30 days after completing any necessary withdrawal or modification under paragraph 1 , notify the commission that the',
'withdrawal or modification is complete. d reallocation and auction. 1 in general. the commission shall a revise the non federal',
'allocation for the covered band to permit flexible use services; and b notwithstanding paragraph 15 a of section 309 j',
'of the communications act of 1934 47 u.s.c. 309 j , not later than december 31, 2021, begin a system',
'of competitive bidding under that section to grant new initial licenses for the use of a portion or all of',
'the covered band, subject to flexible use service rules. 2 exemption from notification requirement. the first sentence of section 113',
'g 4 a of the national telecommunications and information administration organization act 47 u.s.c. 923 g 4 a shall not',
'apply with respect to the system of competitive bidding required under paragraph 1 b of this subsection. 3 proceeds to',
'cover 110 percent of federal relocation or sharing costs. nothing in paragraph 1 shall be construed to relieve the commission',
'from the requirements of section 309 j 16 b of the communications act of 1934 47 u.s.c. 309 j 16',
'b . title x bankruptcy relief sec. 1001. bankruptcy relief. a property of the estate. 1 in general. section 541',
'b of title 11, united states code, is amended a in paragraph 9 , in the matter following subparagraph b',
', by striking or; b in paragraph 10 c , by striking the period at the end and inserting ;',
'or; and c by inserting after paragraph 10 the following: 11 recovery rebates made under section 6428 of the internal',
'revenue code of 1986.. 2 note: 11 usc 541 note. sunset. effective on the date that is 1 year after',
'the date of enactment of this act, section 541 b of title 11, united states code, is amended a in',
'paragraph 9 , in the matter following subparagraph b , by adding or at the end; b in paragraph 10',
'c , by striking ; or and inserting a period; and page 134 stat. 3217 c by striking paragraph 11',
'. b discharge. 1 in general. section 1328 of title 11, united states code, is amended by adding at the',
'end the following: i subject to subsection d , after notice and a hearing, the court may grant a discharge',
'of debts dischargeable under subsection a to a debtor who has not completed payments to the trustee or a creditor',
'holding a security interest in the principal residence of the debtor if 1 the debtor defaults on not more than',
'3 monthly payments due on a residential mortgage under section 1322 b 5 on or after march 13, 2020, to',
'the trustee or creditor caused by a material financial hardship due, directly or indirectly, by the coronavirus disease 2019 covid',
'19 pandemic; or 2 a the plan provides for the curing of a default and maintenance of payments on a',
'residential mortgage under section 1322 b 5 ; and b the debtor has entered into a forbearance agreement or loan',
'modification agreement with the holder or servicer as defined in section 6 i of the real estate settlement procedures act',
'of 1974 12 u.s.c. 2605 i of the mortgage described in subparagraph a .. 2 sunset. effective on the date',
'that is 1 year after the date of enactment of this act, section 1328 of title 11, united states code,',
'is amended note: 11 usc 1328 note. by striking subsection i . c protection against discriminatory treatment. 1 in general.',
'section 525 of title 11, united states code, is amended by adding at the end the following: d a person',
'may not be denied relief under sections 4022 through 4024 of the cares act 15 u.s.c. 9056, 9057, 9058 because',
'the person is or has been a debtor under this title.. 2 note: 11 usc 525 note. sunset. effective on',
'the date that is 1 year after the date of enactment of this act, section 525 of title 11, united',
'states code, is amended by striking subsection d . d cares forbearance claims. 1 filing of proofs of claims or',
'interests. section 501 of title 11, united states code, is amended by adding at the end the following: f 1',
'note: definitions. in this subsection a the term cares forbearance claim means a supplemental claim for the amount of a',
'federally backed mortgage loan or a federally backed multifamily mortgage loan that was not received by an eligible creditor during',
'the forbearance period of a loan granted forbearance under section 4022 or 4023 of the cares act 15 u.s.c. 9056,',
'9057 ; b the term eligible creditor means a servicer as defined in section 6 i of the real estate',
'settlement procedures act of 1974 12 u.s.c. 2605 i with a claim for a federally backed mortgage loan or a',
'federally backed multifamily mortgage loan of the debtor that is provided for by a plan under section 1322 b 5',
'; c the term federally backed mortgage loan has the meaning given the term in section 4022 a of the',
'cares act 15 u.s.c. 9056 a ; and d the term federally backed multifamily mortgage loan has the meaning given',
'the term in section 4023 f of the cares act 15 u.s.c. 9057 f . page 134 stat. 3218 2',
'a only an eligible creditor may file a supplemental proof of claim for a cares forbearance claim. b if an',
'underlying mortgage loan obligation has been modified or deferred by an agreement of the debtor and an eligible creditor of',
'the mortgage loan in connection with a mortgage forbearance granted under section 4022 or 4023 of the cares act 15',
'u.s.c. 9056, 9057 in order to cure mortgage payments forborne under the forbearance, the proof of claim filed under subparagraph',
'a shall include i the relevant terms of the modification or deferral; ii for a modification or deferral that is',
'in writing, a copy of the modification or deferral; and iii a description of the payments to be deferred until',
'the date on which the mortgage loan matures.. 2 allowance of claims or interests. section 502 b 9 of title',
'11, united states code, is amended to read as follows: 9 note: time periods. proof of such claim is not',
'timely filed, except to the extent tardily filed as permitted under paragraph 1 , 2 , or 3 of section',
'726 a or under the federal rules of bankruptcy procedure, except that a a claim of a governmental unit shall',
'be timely filed if it is filed before 180 days after the date of the order for relief or such',
'later time as the federal rules of bankruptcy procedure may provide; b in a case under chapter 13, a claim',
'of a governmental unit for a tax with respect to a return filed under section 1308 shall be timely if',
'the claim is filed on or before the date that is 60 days after the date on which such return',
'was filed as required; and c a cares forbearance claim as defined in section 501 f 1 shall be timely',
'filed if the claim is filed before the date that is 120 days after the expiration of the forbearance period',
'of a loan granted forbearance under section 4022 or 4023 of the cares act 15 u.s.c. 9056, 9057 .. 3',
'note: 11 usc 501 note. sunset. effective on the date that is 1 year after the date of enactment of',
'this act a section 501 of title 11, united states code, is amended by striking subsection f ; and b',
'section 502 b 9 of title 11, united states code, is amended i in subparagraph a , by adding and',
'at the end; ii in subparagraph b , by striking ; and and inserting a period; and iii by striking',
'subparagraph c . e modification of plan after confirmation. 1 in general. section 1329 of title 11, united states code,',
'is amended by adding at the end the following: e 1 a debtor of a case for which a creditor',
'files a proof of claim under section 501 f may file a request for a modification of the plan to',
'provide for the proof of claim. 2 if the debtor does not file a request for a modification of the',
'plan under paragraph 1 on or before the date that is 30 days after the date on which a creditor',
'files a claim under section 501 f , after notice, the court, on a motion of the court page 134',
'stat. 3219 or on a motion of the united states trustee, the trustee, a bankruptcy administrator, or any party in',
'interest, may request a modification of the plan to provide for the proof of claim.. 2 note: 11 usc 1329',
'note. sunset. effective on the date that is 1 year after the date of enactment of this act, section 1329',
'of title 11, united states code, is amended by striking subsection e . f executory contracts and unexpired leases. 1',
'in general. section 365 d of title 11, united states code, is amended a in paragraph 3 i by inserting',
'a after 3 ; ii by inserting , except as provided in subparagraph b after such 60 day period; and',
'iii by adding at the end the following: b note: time periods. in a case under subchapter v of chapter',
'11, the time for performance of an obligation described in subparagraph a arising under any unexpired lease of nonresidential real',
'property may be extended by the court if the debtor is experiencing or has experienced a material financial hardship due,',
'directly or indirectly, to the coronavirus disease 2019 covid 19 pandemic until the earlier of i note: determination. the date',
'that is 60 days after the date of the order for relief, which may be extended by the court for',
'an additional period of 60 days if the court determines that the debtor is continuing to experience a material financial',
'hardship due, directly or indirectly, to the coronavirus disease 2019 covid 19 pandemic; or ii the date on which the',
'lease is assumed or rejected under this section. c an obligation described in subparagraph a for which an extension is',
'granted under subparagraph b shall be treated as an administrative expense described in section 507 a 2 for the purpose',
'of section 1191 e . ; and b in paragraph 4 , by striking 120 each place it appears and',
'inserting 210. 2 sunset. a in general. effective on the date that is 2 years after the date of enactment',
'of this act, section 365 d of title 11, united states code, note: 11 usc 365 note. is amended i',
'in paragraph 3 i by striking a after 3 ; ii by striking , except as provided in subparagraph b',
'after such 60 day period; and iii by striking subparagraphs b and c ; and ii in paragraph 4 ,',
'by striking 210 each place it appears and inserting 120. b note: 11 usc 365 note. subchapter v cases filed',
'before sunset. notwithstanding the amendments made by subparagraph a , the amendments made by paragraph 1 shall apply in any',
'case commenced under subchapter v of chapter 11 of title 11, united states code, before the date that is 2',
'years after the date of enactment of this act. g preferences. 1 in general. section 547 of title 11, united',
'states code, is amended page 134 stat. 3220 a in subsection b , in the matter preceding paragraph 1 ,',
'by striking and i and inserting , i , and j ; and b by adding at the end the',
'following: j 1 note: definitions. in this subsection: a the term covered payment of rental arrearages means a payment of',
'arrearages that i is made in connection with an agreement or arrangement i between the debtor and a lessor to',
'defer or postpone the payment of rent and other periodic charges under a lease of nonresidential real property; and ii',
'made or entered into on or after march 13, 2020; ii does not exceed the amount of rental and other',
'periodic charges agreed to under the lease of nonresidential real property described in clause i i before march 13, 2020;',
'and iii does not include fees, penalties, or interest in an amount greater than the amount of fees, penalties, or',
'interest i scheduled to be paid under the lease of nonresidential real property described in clause i i ; or',
'ii that the debtor would owe if the debtor had made every payment due under the lease of nonresidential real',
'property described in clause i i on time and in full before march 13, 2020. b the term covered payment',
'of supplier arrearages means a payment of arrearages that i is made in connection with an agreement or arrangement i',
'between the debtor and a supplier of goods or services to defer or postpone the payment of amounts due under',
'an executory contract for goods or services; and ii made or entered into on or after march 13, 2020; ii',
'does not exceed the amount due under the executory contract described in clause i i before march 13, 2020; and',
'iii does not include fees, penalties, or interest in an amount greater than the amount of fees, penalties, or interest',
'i scheduled to be paid under the executory contract described in clause i i ; or ii that the debtor',
'would owe if the debtor had made every payment due under the executory contract described in clause i i on',
'time and in full before march 13, 2020. 2 the trustee may not avoid a transfer under this section for',
'a a covered payment of rental arrearages; or b a covered payment of supplier arrearages.. 2 sunset. a in general.',
'effective on the date that is 2 years after the date of enactment of this act, section 547 of title',
'11, united states code, note: 11 usc 547 note. is amended page 134 stat. 3221 i in subsection b ,',
'in the matter preceding paragraph 1 , by striking , i , and j and inserting and i ; and',
'ii by striking subsection j . b note: 11 usc 547 note. cases filed before sunset. notwithstanding the amendments made',
'by subparagraph a , the amendments made by paragraph 1 shall apply in any case commenced under title 11, united',
'states code, before the date that is 2 years after the date of enactment of this act. h termination of',
'utility services. 1 in general. section 366 of title 11, united states code, is amended by adding at the end',
'the following: d notwithstanding any other provision of this section, a utility may not alter, refuse, or discontinue service to',
'a debtor who does not furnish adequate assurance of payment under this section if the debtor 1 is an individual;',
'2 makes a payment to the utility for any debt owed to the utility for service provided during the 20',
'day period beginning on the date of the order for relief; and 3 after the date on which the 20',
'day period beginning on the date of the order for relief ends, makes a payment to the utility for services',
'provided during the pendency of case when such a payment becomes due.. 2 sunset. effective on the date that is',
'1 year after the date of enactment of this act, section 366 of title 11, united states code, note: 11',
'usc 366 note. is amended by striking subsection d . i customs duties. 1 in general. section 507 d of',
'title 11, united states code, is amended a by striking , a 8 ; b by inserting or subparagraphs a',
'through e and g of subsection a 8 after a 9 ; and c inserting or subparagraph after such subsection.',
'2 sunset. effective on the date that is 1 year after the date of enactment of this act, section 507',
'd of title 11, united states code, note: 11 usc 507 note. is amended a by inserting , a 8',
'before , or a 9 ; b by striking or subparagraphs a through e and g of subsection a 8',
'; and c by striking or subparagraph after such subsection. title xi western water and indian affairs sec. 1101. aging',
'infrastructure account. 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: d aging infrastructure account. 1 establishment. there is established in the general fund of the',
'treasury a special account, to be known as the aging infrastructure account referred to in this subsection as the account',
', to provide funds to, and provide for the page 134 stat. 3222 extended repayment of the funds by, a',
'transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs for the conduct of extraordinary operation and',
'maintenance work at a project facility, which shall consist of a any amounts that are specifically appropriated to the account',
'under section 9605; and b any amounts deposited in the account under paragraph 3 b . 2 expenditures. subject to',
'paragraphs 3 and 6 , the secretary may expend amounts in the account to fund and provide for extended repayment',
'of the funds for eligible projects identified in a report submitted under paragraph 5 b . 3 repayment contract. a',
'in general. the secretary may not expend amounts under paragraph 2 with respect to an eligible project described in that',
'paragraph unless the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs has entered into a',
'contract to repay the amounts under subsection b 2 . b deposit of repaid funds. amounts repaid by a transferred',
'works operating entity or project beneficiary responsible for repayment of reimbursable costs receiving funds under a repayment contract entered into',
'under this subsection shall be deposited in the account and shall be available to the secretary for expenditure, subject to',
'paragraph 6 , in accordance with this subsection, and without further appropriation. 4 application for funding. a note: effective date.',
'time period. in general. beginning with fiscal year 2022, not less than once per fiscal year, the secretary shall accept,',
'during an application period established by the secretary, applications from transferred works operating entities or project beneficiaries responsible for payment',
'of reimbursable costs for funds and extended repayment for eligible projects. b eligible project. a project eligible for funding and',
'extended repayment under this subsection is a project that i qualifies as an extraordinary operation and maintenance work under this',
'section; ii is for the major, non recurring maintenance of a mission critical asset; and iii is not eligible to',
'be carried out or funded under the repayment provisions of section 4 c of the reclamation safety of dams act',
'of 1978 43 u.s.c. 508 c . c note: deadline. guidelines for applications. not later than 60 days after the',
'date of enactment of this subsection, the secretary shall issue guidelines describing the information required to be provided in an',
'application for funds and extended repayment under this subsection that require, at a minimum i a description of the project',
'for which the funds are requested; ii the amount of funds requested; page 134 stat. 3223 iii the repayment period',
'requested by the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs; iv alternative non federal',
'funding options that have been evaluated; v the financial justification for requesting an extended repayment period; and vi the financial',
'records of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs. d note: determinations. review',
'by the secretary. the secretary shall review each application submitted under subparagraph a i to determine whether the project is',
'eligible for funds and an extended repayment period under this subsection; ii to determine if the project has been identified',
'by the bureau of reclamation as part of the major rehabilitation and replacement of a project facility; and iii note:',
'analysis. to conduct a financial analysis of i the project; and ii repayment capability of the transferred works operating entity',
'or project beneficiary responsible for repayment of reimbursable costs. 5 report. not later than 90 days after the date on',
'which an application period closes under paragraph 4 a , the secretary shall submit to the committees on energy and',
'natural resources and appropriations of the senate and the committees on natural resources and appropriations of the house of representatives',
'a report that a describes the results of the secretarys review of each application under paragraph 4 d , including',
'a determination of whether the project is eligible; b identifies each project eligible for funds and extended repayment under this',
'subsection; c with respect to each eligible project identified under subparagraph b , includes i a description of i the',
'eligible project; ii the anticipated cost and duration of the eligible project; iii any remaining engineering or environmental compliance that',
'is required before the eligible project commences; iv note: recommenda tions. any recommendations the secretary may have concerning the plan',
'or design of the project; and v any conditions the secretary may require for construction of the project; ii an',
'analysis of i the repayment period proposed in the application; and ii note: recommenda tions. if the secretary recommends a',
'minimum necessary repayment period that is different than the repayment period proposed in the application, page 134 stat. 3224 the',
'minimum necessary repayment period recommended by the secretary; and iii note: analysis. an analysis of alternative non federal funding options;',
'd describes the allocation of funds from deposits into the account under paragraph 3 b ; and e describes the',
'balance of funds in the account as of the date of the report. 6 alternative allocation. a in general. appropriations',
'acts may provide for alternate allocation of amounts reported pursuant to paragraph 5 d that are made available under this',
'subsection. b allocation by secretary. i no alternate allocations. if congress has not enacted legislation establishing alternate allocations by the',
'date on which the act making full year appropriations for energy and water development and related agencies for the applicable',
'fiscal year is enacted into law, amounts made available under paragraph 1 shall be allocated by the secretary. ii insufficient',
'alternate allocations. if congress enacts legislation establishing alternate allocations for amounts made available under paragraph 1 that are less than',
'the full amount appropriated under that paragraph, the difference between the amount appropriated and the alternate allocation shall be allocated',
'by the secretary. 7 effect of subsection. nothing in this subsection affects a any funding provided, or contracts entered into,',
'under subsection a before the date of enactment of this subsection; or b the use of funds otherwise made available',
'to the secretary to carry out subsection a .. sec. 1102. navajo utah water rights settlement. a purposes. the purposes',
'of this section are 1 to achieve a fair, equitable, and final settlement of all claims to water rights in',
'the state of utah for a the navajo nation; and b the united states, for the benefit of the nation;',
'2 to authorize, ratify, and confirm the agreement entered into by the nation and the state, to the extent that',
'the agreement is consistent with this section; 3 to authorize and direct the secretary a to execute the agreement; and',
'b to take any actions necessary to carry out the agreement in accordance with this section; and 4 to authorize',
'funds necessary for the implementation of the agreement and this section. b definitions. in this section: 1 agreement. the term',
'agreement means a the document entitled navajo utah water rights settlement agreement dated december 14, 2015, and the exhibits attached',
'thereto; and page 134 stat. 3225 b any amendment or exhibit to the document or exhibits referenced in subparagraph a',
'to make the document or exhibits consistent with this section. 2 allotment. the term allotment means a parcel of land',
'a granted out of the public domain that is i located within the exterior boundaries of the reservation; or ii',
'bureau of indian affairs parcel number 792 634511 in san juan county, utah, consisting of 160 acres located in township',
'41s, range 20e, sections 11, 12, and 14, originally set aside by the united states for the benefit of an',
'individual identified in the allotting document as a navajo indian; and b held in trust by the united states i',
'for the benefit of an individual, individuals, or an indian tribe other than the navajo nation; or ii in part',
'for the benefit of the navajo nation as of the enforceability date. 3 allottee. the term allottee means an individual',
'or indian tribe with a beneficial interest in an allotment held in trust by the united states. 4 enforceability date.',
'the term enforceability date means the date on which the secretary publishes in the federal register the statement of findings',
'described in subsection g 1 . 5 general stream adjudication. the term general stream adjudication means the adjudication pending, as',
'of the date of enactment of this act, in the seventh judicial district in and for grand county, state of',
'utah, commonly known as the southeastern colorado river general adjudication, civil no. 810704477, conducted pursuant to state law. 6 injury',
'to water rights. the term injury to water rights means an interference with, diminution of, or deprivation of water rights',
'under federal or state law, excluding injuries to water quality. 7 member. the term member means any person who is',
'a duly enrolled member of the navajo nation. 8 navajo nation or nation. the term navajo nation or nation means',
'a body politic and federally recognized indian nation, as published on the list established under section 104 a of the',
'federally recognized indian tribe list act of 1994 25 u.s.c. 5131 a , also known variously as the navajo nation,',
'the navajo nation of arizona, new mexico, & utah, and the navajo nation of indians and other similar names, and',
'includes all bands of navajo indians and chapters of the navajo nation and all divisions, agencies, officers, and agents thereof.',
'9 navajo water development projects. the term navajo water development projects means projects for domestic municipal water supply, including distribution',
'infrastructure, and agricultural water conservation, to be constructed, in whole or in part, using monies from the navajo water development',
'projects account. 10 navajo water rights. the term navajo water rights means the nations water rights in utah described in',
'the agreement and this section. page 134 stat. 3226 11 om&r. the term om&r means operation, maintenance, and replacement. 12',
'parties. the term parties means the navajo nation, the state, and the united states. 13 reservation. the term reservation means,',
'for purposes of the agreement and this section, the reservation of the navajo nation in utah as in existence on',
'the date of enactment of this act and depicted on the map attached to the agreement as exhibit a, including',
'any parcel of land granted out of the public domain and held in trust by the united states entirely for',
'the benefit of the navajo nation as of the enforceability date. 14 secretary. the term secretary means the secretary of',
'the interior or a duly authorized representative thereof. 15 state. the term state means the state of utah and all',
'officers, agents, departments, and political subdivisions thereof. 16 united states. the term united states means the united states of america',
'and all departments, agencies, bureaus, officers, and agents thereof. 17 united states acting in its trust capacity. the term united',
'states acting in its trust capacity means the united states acting for the benefit of the navajo nation or for',
'the benefit of allottees. c ratification of agreement. 1 approval by congress. except to the extent that any provision of',
'the agreement conflicts with this section, congress approves, ratifies, and confirms the agreement including any amendments to the agreement that',
'are executed to make the agreement consistent with this section . 2 execution by secretary. the secretary is authorized and',
'directed to promptly execute the agreement to the extent that the agreement does not conflict with this section, including a',
'any exhibits to the agreement requiring the signature of the secretary; and b any amendments to the agreement necessary to',
'make the agreement consistent with this section. 3 environmental compliance. a in general. in implementing the agreement and this section,',
'the secretary shall comply with all applicable provisions of i the endangered species act of 1973 16 u.s.c. 1531 et',
'seq. ; ii the national environmental policy act of 1969 42 u.s.c. 4321 et seq. ; and iii all other',
'applicable environmental laws and regulations. b execution of the agreement. execution of the agreement by the secretary as provided for',
'in this section shall not constitute a major federal action under the national environmental policy act of 1969 42 u.s.c.',
'4321 et seq. . d navajo water rights. 1 confirmation of navajo water rights. page 134 stat. 3227 a quantification.',
'the navajo nation shall have the right to use water from water sources located within utah and adjacent to or',
'encompassed within the boundaries of the reservation resulting in depletions not to exceed 81,500 acre feet annually as described in',
'the agreement and as confirmed in the decree entered by the general stream adjudication court. b satisfaction of allottee rights.',
'depletions resulting from the use of water on an allotment shall be accounted for as a depletion by the navajo',
'nation for purposes of depletion accounting under the agreement, including recognition of i any water use existing on an allotment',
'as of the date of enactment of this act and as subsequently reflected in the hydrographic survey report referenced in',
'subsection f 2 ; ii reasonable domestic and stock water uses put into use on an allotment; and iii any',
'allotment water rights that may be decreed in the general stream adjudication or other appropriate forum. c satisfaction of on',
'reservation state law based water rights. depletions resulting from the use of water on the reservation pursuant to state law',
'based water rights existing as of the date of enactment of this act shall be accounted for as depletions by',
'the navajo nation for purposes of depletion accounting under the agreement. d in general. the navajo water rights are ratified,',
'confirmed, and declared to be valid. e use. any use of the navajo water rights shall be subject to the',
'terms and conditions of the agreement and this section. f conflict. in the event of a conflict between the agreement',
'and this section, the provisions of this section shall control. 2 trust status of navajo water rights. the navajo water',
'rights a shall be held in trust by the united states for the use and benefit of the nation in',
'accordance with the agreement and this section; and b shall not be subject to forfeiture or abandonment. 3 authority of',
'the nation. a in general. the nation shall have the authority to allocate, distribute, and lease the navajo water rights',
'for any use on the reservation in accordance with the agreement, this section, and applicable tribal and federal law. b',
'off reservation use. the nation may allocate, distribute, and lease the navajo water rights for off reservation use in accordance',
'with the agreement, subject to the approval of the secretary. c allottee water rights. the nation shall not object in',
'the general stream adjudication or other applicable forum to the quantification of reasonable domestic and stock water uses on an',
'allotment, and shall page 134 stat. 3228 administer any water use on the reservation in accordance with applicable federal law,',
'including recognition of i any water use existing on an allotment as of the date of enactment of this act',
'and as subsequently reflected in the hydrographic survey report referenced in subsection f 2 ; ii reasonable domestic and stock',
'water uses on an allotment; and iii any allotment water rights decreed in the general stream adjudication or other appropriate',
'forum. 4 effect. except as otherwise expressly provided in this subsection, nothing in this section a authorizes any action by',
'the nation against the united states under federal, state, tribal, or local law; or b alters or affects the status',
'of any action brought pursuant to section 1491 a of title 28, united states code. e navajo trust accounts. 1',
'establishment. the secretary shall establish a trust fund, to be known as the navajo utah settlement trust fund referred to',
'in this section as the trust fund , to be managed, invested, and distributed by the secretary and to remain',
'available until expended, consisting of the amounts deposited in the trust fund under paragraph 3 , together with any interest',
'earned on those amounts, for the purpose of carrying out this section. 2 accounts. the secretary shall establish in the',
'trust fund the following accounts referred to in this subsection as the trust fund accounts : a the navajo water',
'development projects account. b the navajo om&r account. 3 deposits. the secretary shall deposit in the trust fund accounts a',
'in the navajo water development projects account, the amounts made available pursuant to subsection f 1 a ; and b',
'in the navajo om&r account, the amount made available pursuant to subsection f 1 b . 4 management and interest.',
'a management. upon receipt and deposit of the funds into the trust fund accounts, the secretary shall manage, invest, and',
'distribute all amounts in the trust fund in a manner that is consistent with the investment authority of the secretary',
'under i the first section of the act of june 24, 1938 25 u.s.c. 162a ; ii the american indian',
'trust fund management reform act of 1994 25 u.s.c. 4001 et seq. ; and iii this subsection. b investment earnings.',
'in addition to the deposits under paragraph 3 , any investment earnings, including interest, credited to amounts held in the',
'trust fund are authorized to be appropriated to be used in accordance with the uses described in paragraph 8 .',
'5 availability of amounts. amounts appropriated to, and deposited in, the trust fund, including any investment earnings, shall be made',
'available to the nation by the secretary page 134 stat. 3229 beginning on the enforceability date and subject to the',
'uses and restrictions set forth in this subsection. 6 withdrawals. a withdrawals under the american indian trust fund management reform',
'act of 1994. the nation may withdraw any portion of the funds in the trust fund on approval by the',
'secretary of a tribal management plan submitted by the nation in accordance with the american indian trust fund management reform',
'act of 1994 25 u.s.c. 4001 et seq. . i requirements. in addition to the requirements under the american indian',
'trust fund management reform act of 1994 25 u.s.c. 4001 et seq. , the tribal management plan under this subparagraph',
'shall require that the nation shall spend all amounts withdrawn from the trust fund and any investment earnings accrued through',
'the investments under the tribal management plan in accordance with this section. ii note: determination. enforcement. the secretary may carry',
'out such judicial and administrative actions as the secretary determines to be necessary to enforce the tribal management plan to',
'ensure that amounts withdrawn by the nation from the trust fund under this subparagraph are used in accordance with this',
'section. b withdrawals under expenditure plan. the nation may submit to the secretary a request to withdraw funds from the',
'trust fund pursuant to an approved expenditure plan. i requirements. to be eligible to withdraw funds under an expenditure plan',
'under this subparagraph, the nation shall submit to the secretary for approval an expenditure plan for any portion of the',
'trust fund that the nation elects to withdraw pursuant to this subparagraph, subject to the condition that the funds shall',
'be used for the purposes described in this section. ii inclusions. an expenditure plan under this subparagraph shall include a',
'description of the manner and purpose for which the amounts proposed to be withdrawn from the trust fund will be',
'used by the nation, in accordance with paragraphs 3 and 8 . iii note: determination. approval. on receipt of an',
'expenditure plan under this subparagraph, the secretary shall approve the plan, if the secretary determines that the plan i is',
'reasonable; ii is consistent with, and will be used for, the purposes of this section; and iii contains a schedule',
'which describes that tasks will be completed within 18 months of receipt of withdrawn amounts. iv note: determination. enforcement. the',
'secretary may carry out such judicial and administrative actions as the secretary determines to be necessary to enforce an expenditure',
'plan to ensure that amounts disbursed under this subparagraph are used in accordance with this section. page 134 stat. 3230',
'7 effect of title. nothing in this section gives the nation the right to judicial review of a determination of',
'the secretary regarding whether to approve a tribal management plan or an expenditure plan except under subchapter ii of chapter',
'5, and chapter 7, of title 5, united states code commonly known as the administrative procedure act . 8 uses.',
'amounts from the trust fund shall be used by the nation for the following purposes: a the navajo water development',
'projects account shall be used to plan, design, and construct the navajo water development projects and for the conduct of',
'related activities, including to comply with federal environmental laws. b the navajo om&r account shall be used for the operation,',
'maintenance, and replacement of the navajo water development projects. 9 liability. the secretary and the secretary of the treasury shall',
'not be liable for the expenditure or investment of any amounts withdrawn from the trust fund by the nation under',
'paragraph 6 . 10 no per capita distributions. no portion of the trust fund shall be distributed on a per',
'capita basis to any member of the nation. 11 expenditure reports. the navajo nation shall submit to the secretary annually',
'an expenditure report describing accomplishments and amounts spent from use of withdrawals under a tribal management plan or an expenditure',
'plan as described in this section. f authorization of appropriations. 1 authorization. there are authorized to be appropriated to the',
'secretary a for deposit in the navajo water development projects account of the trust fund established under subsection e 2',
'a , $198,300,000, which funds shall be retained until expended, withdrawn, or reverted to the general fund of the treasury;',
'and b for deposit in the navajo om&r account of the trust fund established under subsection e 2 b ,',
'$11,100,000, which funds shall be retained until expended, withdrawn, or reverted to the general fund of the treasury. 2 implementation',
'costs. there is authorized to be appropriated non trust funds in the amount of $1,000,000 to assist the united states',
'with costs associated with the implementation of this section, including the preparation of a hydrographic survey of historic and existing',
'water uses on the reservation and on allotments. 3 state cost share. the state shall contribute $8,000,000 payable to the',
'secretary for deposit into the navajo water development projects account of the trust fund established under subsection e 2 a',
'in installments in each of the 3 years following the execution of the agreement by the secretary as provided for',
'in subsection c 2 . 4 fluctuation in costs. the amount authorized to be appropriated under paragraph 1 shall be',
'increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring',
'after the page 134 stat. 3231 date of enactment of this act as indicated by the bureau of reclamation construction',
'cost index composite trend. a repetition. the adjustment process under this paragraph shall be repeated for each subsequent amount appropriated',
'until the amount authorized, as adjusted, has been appropriated. b period of indexing. the period of indexing adjustment for any',
'increment of funding shall end on the date on which funds are deposited into the trust fund. g conditions precedent.',
'1 note: effective date. federal register, publication. in general. the waivers and releases contained in subsection h shall become effective',
'as of the date the secretary causes to be published in the federal register a statement of findings that a',
'to the extent that the agreement conflicts with this section, the agreement has been revised to conform with this section;',
'b the agreement, so revised, including waivers and releases of claims set forth in subsection h , has been executed',
'by the parties, including the united states; c congress has fully appropriated, or the secretary has provided from other authorized',
'sources, all funds authorized under subsection f 1 ; d the state has enacted any necessary legislation and provided the',
'funding required under the agreement and subsection f 3 ; and e the court has entered a final or interlocutory',
'decree that i confirms the navajo water rights consistent with the agreement and this section; and ii with respect to',
'the navajo water rights, is final and nonappealable. 2 expiration date. if all the conditions precedent described in paragraph 1',
'have not been fulfilled to allow the secretarys statement of findings to be published in the federal register by october',
'31, 2030 a the agreement and this section, including waivers and releases of claims described in those documents, shall no',
'longer be effective; b any funds that have been appropriated pursuant to subsection f but not expended, including any investment',
'earnings on funds that have been appropriated pursuant to such subsection, shall immediately revert to the general fund of the',
'treasury; and c any funds contributed by the state pursuant to subsection f 3 but not expended shall be returned',
'immediately to the state. 3 extension. the expiration date set forth in paragraph 2 may be extended if the navajo',
'nation, the state, and the united states acting through the secretary agree that an extension is reasonably necessary. h waivers',
'and releases. 1 in general. a waiver and release of claims by the nation and the united states acting in',
'its capacity as trustee for the nation. subject to the retention of rights set forth in paragraph 3 , in',
'return for confirmation of the page 134 stat. 3232 navajo water rights and other benefits set forth in the agreement',
'and this section, the nation, on behalf of itself and the members of the nation other than members in their',
'capacity as allottees , and the united states, acting as trustee for the nation and members of the nation other',
'than members in their capacity as allottees , are authorized and directed to execute a waiver and release of i',
'all claims for water rights within utah based on any and all legal theories that the navajo nation or the',
'united states acting in its trust capacity for the nation, asserted, or could have asserted, at any time in any',
'proceeding, including to the general stream adjudication, up to and including the enforceability date, except to the extent that such',
'rights are recognized in the agreement and this section; and ii all claims for damages, losses, or injuries to water',
'rights or claims of interference with, diversion, or taking of water rights including claims for injury to lands resulting from',
'such damages, losses, injuries, interference with, diversion, or taking of water rights within utah against the state, or any person,',
'entity, corporation, or municipality, that accrued at any time up to and including the enforceability date. 2 claims by the',
'navajo nation against the united states. the navajo nation, on behalf of itself including in its capacity as allottee and',
'its members other than members in their capacity as allottees , shall execute a waiver and release of a all',
'claims the navajo nation may have against the united states relating in any manner to claims for water rights in,',
'or water of, utah that the united states acting in its trust capacity for the nation asserted, or could have',
'asserted, in any proceeding, including the general stream adjudication; b all claims the navajo nation may have against the united',
'states relating in any manner to damages, losses, or injuries to water, water rights, land, or other resources due to',
'loss of water or water rights including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to',
'loss of water or water rights; claims relating to interference with, diversion, or taking of water; or claims relating to',
'failure to protect, acquire, replace, or develop water or water rights within utah that first accrued at any time up',
'to and including the enforceability date; c all claims the nation may have against the united states relating in any',
'manner to the litigation of claims relating to the nations water rights in proceedings in utah; and d all claims',
'the nation may have against the united states relating in any manner to the negotiation, execution, or adoption of the',
'agreement or this section. 3 reservation of rights and retention of claims by the navajo nation and the united states.',
'notwithstanding the waivers and releases authorized in this section, the navajo nation, and the united states acting in its trust',
'capacity for the nation, retain page 134 stat. 3233 a all claims for injuries to and the enforcement of the',
'agreement and the final or interlocutory decree entered in the general stream adjudication, through such legal and equitable remedies as',
'may be available in the decree court or the federal district court for the district of utah; b all rights',
'to use and protect water rights acquired after the enforceability date; c all claims relating to activities affecting the quality',
'of water, including any claims under the comprehensive environmental response, compensation, and liability act of 1980 42 u.s.c. 9601 et',
'seq. including claims for damages to natural resources , the safe drinking water act 42 u.s.c. 300f et seq. ,',
'and the federal water pollution control act 33 u.s.c. 1251 et seq. , the regulations implementing those acts, and the',
'common law; d all claims for water rights, and claims for injury to water rights, in states other than the',
'state of utah; e all claims, including environmental claims, under any laws including regulations and common law relating to human',
'health, safety, or the environment; and f all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant',
'to the agreement and this section. 4 effect. nothing in the agreement or this section a affects the ability of',
'the united states acting in its sovereign capacity to take actions authorized by law, including any laws relating to health,',
'safety, or the environment, including the comprehensive environmental response, compensation, and liability act of 1980 42 u.s.c. 9601 et seq.',
', the safe drinking water act 42 u.s.c. 300f et seq. , the federal water pollution control act 33 u.s.c.',
'1251 et seq. , the solid waste disposal act 42 u.s.c. 6901 et seq. , and the regulations implementing those',
'laws; b affects the ability of the united states to take actions in its capacity as trustee for any other',
'indian tribe or allottee; c confers jurisdiction on any state court to i note: determination. interpret federal law regarding health,',
'safety, or the environment or determine the duties of the united states or other parties pursuant to such federal law;',
'and ii conduct judicial review of federal agency action; or d modifies, conflicts with, preempts, or otherwise affects i the',
'boulder canyon project act 43 u.s.c. 617 et seq. ; ii the boulder canyon project adjustment act 43 u.s.c. 618',
'et seq. ; iii the act of april 11, 1956 commonly known as the colorado river storage project act 43',
'u.s.c. 620 et seq. ; iv the colorado river basin project act 43 u.s.c. 1501 et seq. ; v the',
'treaty between the united states of america and mexico respecting utilization of waters page 134 stat. 3234 of the colorado',
'and tijuana rivers and of the rio grande, signed at washington february 3, 1944 59 stat. 1219 ; vi the',
'colorado river compact of 1922, as approved by the presidential proclamation of june 25, 1929 46 stat. 3000 ; and',
'vii the upper colorado river basin compact as consented to by the act of april 6, 1949 63 stat. 31,',
'chapter 48 . 5 tolling of claims. a in general. each applicable period of limitation and time based equitable defense',
'relating to a claim waived by the navajo nation described in this subsection shall be tolled for the period beginning',
'on the date of enactment of this act and ending on the enforceability date. b effect of paragraph. nothing in',
'this paragraph revives any claim or tolls any period of limitation or time based equitable defense that expired before the',
'date of enactment of this act. c limitation. nothing in this subsection precludes the tolling of any period of limitations',
'or any time based equitable defense under any other applicable law. i miscellaneous provisions. 1 precedent. nothing in this section',
'establishes any standard for the quantification or litigation of federal reserved water rights or any other indian water claims of',
'any other indian tribe in any other judicial or administrative proceeding. 2 other indian tribes. nothing in the agreement or',
'this section shall be construed in any way to quantify or otherwise adversely affect the water rights, claims, or entitlements',
'to water of any indian tribe, band, or community, other than the navajo nation. j relation to allottees. 1 no',
'effect on claims of allottees. nothing in this section or the agreement shall affect the rights or claims of allottees,',
'or the united states, acting in its capacity as trustee for or on behalf of allottees, for water rights or',
'damages related to lands allotted by the united states to allottees, except as provided in subsection d 1 b .',
'2 relationship of decree to allottees. allottees, or the united states, acting in its capacity as trustee for allottees, are',
'not bound by any decree entered in the general stream adjudication confirming the navajo water rights and shall not be',
'precluded from making claims to water rights in the general stream adjudication. allottees, or the united states, acting in its',
'capacity as trustee for allottees, may make claims and such claims may be adjudicated as individual water rights in the',
'general stream adjudication. k antideficiency. the united states shall not be liable for any failure to carry out any obligation',
'or activity authorized by this section including any obligation or activity under the agreement if adequate appropriations are not provided',
'expressly by congress to carry out the purposes of this section. page 134 stat. 3235 sec. 1103. aamodt litigation settlement',
'completion. a definition of 611 g agreement. section 602 of the aamodt litigation settlement act public law 111 291; 124',
'stat. 3134 is amended 1 by redesignating paragraphs 1 through 23 as paragraphs 2 through 24 , respectively; and 2',
'by inserting before paragraph 2 as so redesignated the following: 1 611 g agreement. the term 611 g agreement means',
'the agreement dated september 17, 2019, executed by the united states, the state, the pueblos, the county, and the city',
'pursuant to section 611 g .. b final project design. section 611 b of the aamodt litigation settlement act public',
'law 111 291; 124 stat. 3137 is amended, in the matter preceding paragraph 1 , by striking within 90 days',
'of and inserting as soon as feasible after. c construction costs for pueblo water facilities. section 611 f of the',
'aamodt litigation settlement act public law 111 291; 124 stat. 3138 is amended 1 in paragraph 1 a in subparagraph',
'a , by striking $106,400,000 and inserting $243,400,000; and b by striking subparagraph b and inserting the following: b exception.',
'of the amount described in subparagraph a i the initial $106,400,000 shall be increased or decreased, as appropriate, based on',
'ordinary fluctuations in construction costs since october 1, 2006, as determined using applicable engineering cost indices; and ii any amounts',
'made available in excess of the amount described in clause i shall be increased or decreased, as appropriate, based on',
'ordinary fluctuations in construction costs since october 1, 2018, as determined using applicable engineering cost indices. ; and 2 in',
'paragraph 3 , by inserting and the 611 g agreement after the cost sharing and system integration agreement. d funding',
'for regional water system. section 617 a 1 b of the aamodt litigation settlement act public law 111 291; 124',
'stat. 3147 is amended 1 by striking the period at the end and inserting ; and; 2 by striking section',
'616 $50,000,000 and inserting the following: section 616 i $50,000,000; and 3 by adding at the end the following: ii',
'subject to the availability of appropriations and in addition to the amounts made available under clause i , $137,000,000, as',
'adjusted under paragraph 4 , for the period of fiscal years 2021 through 2028.. e adjustment. section 617 a 4',
'of the aamodt litigation settlement act public law 111 291; 124 stat. 3147 is amended by striking since october 1,',
'2006, as determined using applicable engineering cost indices and inserting pursuant to section 611 f 1 b . page 134',
'stat. 3236 f execution of agreement under section 611 g . section 621 of the aamodt litigation settlement act public',
'law 111 291; 124 stat. 3149 is amended by striking subsections a and b and inserting the following: a approval.',
'to the extent the settlement agreement, the cost sharing and system integration agreement, and the 611 g agreement do not',
'conflict with this title, the settlement agreement, the cost sharing and system integration agreement, and the 611 g agreement including',
'any amendments to the settlement agreement, the cost sharing and system integration agreement, and the 611 g agreement that are',
'executed to make the settlement agreement, the cost sharing and system integration agreement, or the 611 g agreement consistent with',
'this title are authorized, ratified, and confirmed. b execution. to the extent the settlement agreement, the cost sharing and system',
'integration agreement, and the 611 g agreement do not conflict with this title, the secretary shall execute the settlement agreement,',
'the cost sharing and system integration agreement, and the 611 g agreement including any amendments that are necessary to make',
'the settlement agreement, the cost sharing and system integration agreement, or the 611 g agreement consistent with this title ..',
'g requirements for determination of substantial completion of the regional water system. section 623 e of the aamodt litigation settlement',
'act public law 111 291; 124 stat. 3151 is amended 1 by striking paragraph 1 and inserting the following: 1',
'criteria for substantial completion of regional water system. subject to the provisions of section 611 d concerning the extent, size,',
'and capacity of the county distribution system, the regional water system shall be determined to be substantially completed if a',
'the infrastructure has been constructed capable of i diverting, treating, transmitting, and distributing a supply of 2,500 acre feet of',
'water to the pueblos consistent with the engineering report as amended by the 611 g agreement and the operating agreement',
'; and ii diverting, treating, and transmitting the quantity of water specified in the engineering report to the county distribution',
'system and consistent with the engineering report as amended by the 611 g agreement and the operating agreement ; or',
'b the secretary i issues a notice to proceed authorizing the commencement of phase i construction of the regional water',
'system by december 31, 2019, and subsequently commences construction of the regional water system; ii diligently proceeds to construct the',
'regional water system in accordance with the engineering report as amended by the 611 g agreement , on a schedule',
'for completion by june 30, 2028; iii expends all of the available funding provided to construct the regional water system',
'under section 611 f 1 a , in the cost sharing and system integration agreement, and in the 611 g',
'agreement; page 134 stat. 3237 iv complies with the terms of the 611 g agreement; and v despite diligent efforts',
'cannot complete construction of the regional water system as described in the final engineering report as amended by the 611',
'g agreement , due solely to the lack of additional authorized funding. ; 2 in paragraph 2 a by striking',
'2021 and inserting 2025; and b by striking 2024 and inserting 2028; 3 in paragraph 3 , in the matter',
'preceding subparagraph a , by striking 2021 and inserting 2025; 4 in paragraph 4 b ii ii , by striking',
'2023 and inserting 2027; and 5 in paragraph 5 a , by striking 2024 and inserting 2028. sec. 1104. kickapoo',
'tribe. a definition of upper delaware and tributaries watershed plan. in this section, the term upper delaware and tributaries watershed',
'plan means the plan described in the document entitled watershed plan and environmental impact statement upper delaware and tributaries watershed',
'atchison, brown, jackson, and nemaha counties, kansas, dated january 1994, and supplemented in june 1994 1 developed, pursuant to the',
'watershed protection and flood prevention act 16 u.s.c. 1001 et seq. a by the kickapoo tribe, certain watershed and conservation',
'districts in the state of kansas, and the department of wildlife and parks of the state of kansas; and b',
'with the cooperation and technical assistance of the natural resources conservation service; and 2 described in the report of the',
'committee on environment and public works of the senate senate report 105 13; april 22, 1997 . b note: consultation.',
'study; recommendations. to support the purposes of achieving a fair, equitable, and final settlement of claims to water rights for',
'the kickapoo tribe in the state of kansas, the secretary of agriculture acting through the chief of the natural resources',
'conservation service , in consultation with the secretary of the interior acting through the director of the secretarys indian water',
'rights office , shall 1 commence a study of the multipurpose dam described in the upper delaware and tributaries watershed',
'plan; and 2 note: deadline. recommenda tions. not later than 2 years after the date of enactment of this act,',
'make recommendations to congress with respect to the material alterations or changes to the upper delaware and tributaries watershed plan',
'that are necessary to effectuate, in part, the tribal water rights agreed to by the kickapoo tribe and the state',
'of kansas on september 9, 2016, in the kickapoo tribe water rights settlement agreement, which otherwise remains subject to approval',
'and authorization by congress. sec. 1105. note: aquifer recharge flexibility act. 43 usc 390g 9. aquifer recharge flexibility. a short',
'title. this section may be cited as the aquifer recharge flexibility act. b definitions. in this act: page 134 stat.',
'3238 1 bureau. the term bureau means the bureau of reclamation. 2 commissioner. the term commissioner means the commissioner of',
'reclamation. 3 eligible land. the term eligible land, with respect to a reclamation project, means land that a is authorized',
'to receive water under state law; and b shares an aquifer with land located in the service area of the',
'reclamation project. 4 net water storage benefit. the term net water storage benefit means an increase in the volume of',
'water that is a stored in 1 or more aquifers; and b i available for use within the authorized service',
'area of a reclamation project; or ii stored on a long term basis to avoid or reduce groundwater overdraft. 5',
'reclamation facility. the term reclamation facility means each of the infrastructure assets that are owned by the bureau at a',
'reclamation project. 6 reclamation project. the term reclamation project means any reclamation or irrigation project, including incidental features thereof, authorized',
'by federal reclamation law or the act of august 11, 1939 commonly known as the water conservation and utilization act',
'53 stat. 1418, chapter 717; 16 u.s.c. 590y et seq. , or constructed by the united states pursuant to such',
'law, or in connection with which there is a repayment or water service contract executed by the united states pursuant',
'to such law, or any project constructed by the secretary through the bureau for the reclamation of land. c flexibility',
'to allow greater aquifer recharge in western states. 1 use of reclamation facilities. a in general. the commissioner may allow',
'the use of excess capacity in reclamation facilities for aquifer recharge of non reclamation project water, subject to applicable rates,',
'charges, and public participation requirements, on the condition that i the use i shall not be implemented in a manner',
'that is detrimental to aa any power service or water contract for the reclamation project; or bb any obligations for',
'fish, wildlife, or water quality protection applicable to the reclamation project; ii shall be consistent with water quality guidelines for',
'the reclamation project; iii shall comply with all applicable aa federal laws; and bb policies of the bureau; and iv',
'shall comply with all applicable state laws and policies; and ii the non federal party to an existing contract for',
'water or water capacity in a reclamation facility page 134 stat. 3239 consents to the use of the reclamation facility',
'under this subsection. b effect on existing contracts. nothing in this subsection affects a contract i in effect on the',
'date of enactment of this act; and ii under which the use of excess capacity in a bureau conveyance facility',
'for carriage of non reclamation project water for aquifer recharge is allowed. 2 aquifer recharge on eligible land. a in',
'general. subject to subparagraphs c and d , the secretary may contract with a holder of a water service or',
'repayment contract for a reclamation project to allow the contractor, in accordance with applicable state laws and policies i to',
'directly use water available under the contract for aquifer recharge on eligible land; or ii to enter into an agreement',
'with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land. b authorized',
'project use. the use of a reclamation facility for aquifer recharge under subparagraph a shall be considered an authorized use',
'for the reclamation project if requested by a holder of a water service or repayment contract for the reclamation facility.',
'c note: determination. modifications to contracts. the secretary may contract with a holder of a water service or repayment contract',
'for a reclamation project under subparagraph a if the secretary determines that a new contract or contract amendment described in',
'that subparagraph is i necessary to allow for the use of water available under the contract for aquifer recharge under',
'this subsection; ii in the best interest of the reclamation project and the united states; and iii approved by the',
'contractor that is responsible for repaying the cost of construction, operations, and maintenance of the facility that delivers the water',
'under the contract. d requirements. the use of reclamation facilities for the use or transfer of water for aquifer recharge',
'under this subsection shall be subject to the requirements that i the use or transfer shall not be implemented in',
'a manner that materially impacts any power service or water contract for the reclamation project; and ii note: determination. before',
'the use or transfer, the secretary shall determine that the use or transfer i results in a net water storage',
'benefit for the reclamation project; or ii contributes to the recharge of an aquifer on eligible land; and iii the',
'use or transfer complies with all applicable i federal laws and policies; and ii interstate water compacts. page 134 stat.',
'3240 3 conveyance for aquifer recharge purposes. the holder of a right of way, easement, permit, or other authorization to',
'transport water across public land administered by the bureau of land management may transport water for aquifer recharge purposes without',
'requiring additional authorization from the secretary where the use does not expand or modify the operation of the right of',
'way, easement, permit, or other authorization across public land. 4 effect. nothing in this act creates, impairs, alters, or supersedes',
'a federal or state water right. 5 exemption. this act shall not apply to the state of california. 6 advisory',
'group. the secretary may participate in any state led collaborative, multi stakeholder advisory group created in any watershed the purpose',
'of which is to monitor, review, and assess aquifer recharge activities. sec. 1106. watersmart extension and expansion. a definition of',
'eligible applicant. section 9502 of the omnibus public land management act of 2009 42 u.s.c. 10362 is amended 1 in',
'the matter preceding paragraph 1 , by striking section and inserting subtitle; 2 by striking paragraph 7 and inserting the',
'following: 7 eligible applicant. the term eligible applicant means a any state, indian tribe, irrigation district, or water district; b',
'any state, regional, or local authority, the members of which include 1 or more organizations with water or power delivery',
'authority; c any other organization with water or power delivery authority; and d any nonprofit conservation organization, if i the',
'nonprofit conservation organization is acting in partnership with and with the agreement of an entity described in subparagraph a ,',
'b , or c ; or ii in the case of an application for a project to improve the condition',
'of a natural feature or nature based feature on federal land, the entities described in subparagraph a , b ,',
'or c from the applicable service area have been notified of the project application and there is no written objection',
'to the project. ; 3 in paragraph 10 , by striking 450b and inserting 5304; 4 by redesignating paragraphs 13',
'through 17 as paragraphs 15 through 19 , respectively; and 5 by inserting after paragraph 12 the following: 13 natural',
'feature. the term natural feature means a feature that is created through the action of physical, geological, biological, and chemical',
'processes over time. 14 nature based feature. the term nature based feature means a feature that is created by human',
'design, engineering, and construction to provide a means to reduce water supply and demand imbalances or drought or flood risk',
'by acting in concert with natural processes.. page 134 stat. 3241 b grants and cooperative agreements. section 9504 a of',
'the omnibus public land management act of 2009 42 u.s.c. 10364 a is amended 1 in paragraph 1 a in',
'the matter preceding subparagraph a , by inserting or carrying out any activity after any improvement; b by redesignating subparagraphs',
'f , g , and h as subparagraphs g , h , and j , respectively; c by inserting after',
'subparagraph e the following: f to assist states and water users in complying with interstate compacts or reducing basin water',
'supply demand imbalances;; d in subparagraph g as so redesignated , by striking to prevent and inserting to achieve the',
'prevention of; e in subparagraph h as so redesignated i by striking to accelerate and inserting to achieve the acceleration',
'of; and ii by striking or at the end; f by inserting after subparagraph h as so redesignated the following:',
'i to improve the condition of a natural feature; or; and g in subparagraph j as so redesignated i in',
'clause i , by striking or at the end; ii in clause ii , by striking the period at the',
'end and inserting ; or; and iii by adding at the end the following: iii to plan for or address',
'the impacts of drought. ; 2 in paragraph 2 a in subparagraph a i in clause ii , by striking',
'or; ii in clause iii , by striking and and inserting or; and iii by adding at the end the',
'following: iv the commonwealth of puerto rico; and; and b by striking subparagraph b and inserting the following: b submit',
'to the secretary an application that includes i a proposal of the improvement or activity to be planned, designed, constructed,',
'or implemented by the eligible applicant; and ii for a project that is intended to have a quantifiable water savings',
'and would receive a grant of $500,000 or more i a proposal for a monitoring plan of at least 5',
'years that would demonstrate ways in which the proposed improvement or activity would result in improved streamflows or aquatic habitat;',
'or ii for a project that does not anticipate improved streamflows or aquatic habitat, an analysis of ways in which',
'the proposed improvement page 134 stat. 3242 or activity would contribute to 1 or more of the other objectives described',
'in paragraph 1 . ; 3 in paragraph 3 e , by striking clause i and inserting the following: i',
'federal share. i in general. except as provided in subclause ii , the federal share of the cost of any',
'infrastructure improvement or activity that is the subject of a grant or other agreement entered into between the secretary and',
'an eligible applicant under paragraph 1 shall not exceed 50 percent of the cost of the infrastructure improvement or activity.',
'ii increased federal share for certain infrastructure improvements and activities. the federal share of the cost of an infrastructure improvement',
'or activity shall not exceed 75 percent of the cost of the infrastructure improvement or activity, if aa the infrastructure',
'improvement or activity was developed as part of a collaborative process by aa a watershed group as defined in section',
'6001 ; or bb a water user and 1 or more stakeholders with diverse interests; and bb note: determination. the',
'majority of the benefits of the infrastructure improvement or activity, as determined by the secretary, are for the purpose of',
'advancing 1 or more components of an established strategy or plan to increase the reliability of water supply for consumptive',
'and nonconsumptive ecological values. ; and 4 by adding at the end the following: 4 priority. in providing grants to,',
'and entering into agreements for, projects intended to have a quantifiable water savings under this subsection, the secretary shall give',
'priority to projects that enhance drought resilience by benefitting the water supply and ecosystem.. c research agreements. section 9504 b',
'1 of the omnibus public land management act of 2009 42 u.s.c. 10364 b 1 is amended 1 in the',
'matter preceding subparagraph a , by striking or organization with water or power delivery authority and inserting or eligible applicant;',
'2 in subparagraph b , by striking or at the end; 3 by redesignating subparagraph c as subparagraph d ;',
'and 4 by inserting after subparagraph b the following: c to restore a natural feature or use a nature based',
'feature to reduce water supply and demand imbalances or the risk of drought or flood; or. d authorization of appropriations.',
'section 9504 e of the omnibus public land management act of 2009 42 u.s.c. 10364 e is amended by striking',
'$530,000,000 and inserting $700,000,000, subject to the condition that $50,000,000 of that amount shall be used to carry out section',
'206 of the energy and page 134 stat. 3243 water development and related agencies appropriations act, 2015 43 u.s.c. 620',
'note; public law 113 235 . e conforming amendment. section 4009 d of public law 114 322 42 u.s.c. 10364',
'note is amended by striking on the condition that of that amount, $50,000,000 of it is used to carry out',
'section 206 of the energy and water development and related agencies appropriations act, 2015 43 u.s.c. 620 note; public law',
'113 235 . sec. 1107. cooperative watershed management program. a definitions. section 6001 of the omnibus public land management act',
'of 2009 16 u.s.c. 1015 is amended 1 by redesignating paragraphs 2 through 6 as paragraphs 3 through 7 ,',
'respectively; 2 by inserting after paragraph 1 the following: 2 disadvantaged community. the term disadvantaged community means a community including',
'a city, town, county, or reasonably isolated and divisible segment of a larger municipality with an annual median household income',
'that is less than 100 percent of the statewide annual median household income for the state in which the community',
'is located, according to the most recent decennial census. ; 3 in paragraph 6 b i as so redesignated a',
'in subclause viii , by striking and at the end; b in subclause ix , by adding and after the',
'semicolon at the end; and c by adding at the end the following: x disadvantaged communities;; and 4 in paragraph',
'7 c as so redesignated , by inserting , including benefits to fisheries, wildlife, or habitat after river or stream.',
'b application. section 6002 of the omnibus public lands management act 16 u.s.c. 1015a is amended 1 by striking subsection',
'b and inserting the following: b note: deadline. update. establishment of application process; criteria. not later than september 30, 2021,',
'the secretary shall update 1 the application process for the program; and 2 note: consultation. in consultation with the states,',
'the prioritization and eligibility criteria for considering applications submitted in accordance with the application process. ; and 2 in subsection',
'g , by striking 2020 and inserting 2026. sec. 1108. modification of jackson gulch rehabilitation project, colorado. section 9105 b',
'of the omnibus public land management act of 2009 public law 111 11; 123 stat. 1303 is amended 1 in',
'paragraph 1 a by striking requirement and inserting and cost sharing requirements; and b by inserting , which shall be',
'not more than 65 percent of that total cost before the period at the end; 2 in paragraph 3 a',
'in the paragraph heading, by striking requirement and inserting and cost sharing requirements; b in subparagraph a , in the',
'matter preceding clause i , by striking the secretary shall recover from the district as reimbursable expenses and inserting subject',
'to page 134 stat. 3244 subparagraph c , the district shall be liable under this subsection for an amount equal',
'to; c in subparagraph b , in the matter preceding clause i , by striking secretary shall recover reimbursable expenses',
'and inserting district shall pay the project costs for which the district is liable; and d by striking subparagraph c',
'and inserting the following: c note: determination. credit. in determining the exact amount for which the district is liable under',
'this paragraph, the secretary shall i note: review. review and approve all final costs associated with the completion of the',
'project; and ii credit the district for all amounts paid by the district for engineering work and improvements directly associated',
'with the project, whether before, on, or after the date of enactment of this act. ; and 3 in paragraph',
'7 , by striking $8,250,000. and inserting the following: the lesser of a not more than 65 percent of the',
'total cost of carrying out the project; and b $5,350,000.. sec. 1109. note: 33 usc 2330c. aquatic ecosystem restoration. a',
'definition of eligible entity. in this section, the term eligible entity means 1 any state, indian tribe, irrigation district, or',
'water district; 2 any state, regional, or local authority, the members of which include 1 or more organizations with water',
'or power delivery authority; 3 any other entity or organization that owns a facility that is eligible for upgrade, modification',
'or removal under this section; 4 any nonprofit conservation organization, acting in partnership with any entity listed in paragraphs 1',
'through 3 , with respect to a project involving land or infrastructure owned by the entity; and 5 an agency',
'established under state law for the joint exercise of powers or a combination of entities described in paragraphs 1 through',
'4 . b note: contracts. general authority. 1 note: determination. in general. subject to the requirements of this section and',
'paragraph 2 , on request of any eligible entity the secretary may negotiate and enter into an agreement on behalf',
'of the united states to fund the design, study, and construction of an aquatic ecosystem restoration and protection project in',
'a reclamation state if the secretary determines that the project is likely to improve the health of fisheries, wildlife or',
'aquatic habitat, including through habitat restoration and improved fish passage via the removal or bypass of barriers to fish passage.',
'2 exception. with respect to an aquatic ecosystem restoration and protection project under this section that removes a dam or',
'modifies a dam in a manner that reduces storage or diversion capacity, the secretary may only negotiate and enter into',
'an agreement to fund page 134 stat. 3245 a the design or study of such project if the secretary has',
'received consent from the owner of the applicable dam; or b the construction of such project if the secretary i',
'identifies any eligible entity that receives water or power from the facility that is under consideration for removal or modification',
'at the time of the request; ii notifies each eligible entity identified in clause i that the dam removal or',
'modification project has been requested; and iii note: time period. does not receive, by the date that is 120 days',
'after the date on which all eligible entities have been notified under clause ii , written objection from 1 or',
'more eligible entities that collectively receive \1/3\ or more of the water or power delivered from the facility that is',
'under consideration for removal or modification at the time of the request. c requirements. 1 in general. the secretary shall',
'accept and consider public comment prior to initiating design, study or development of a project under this section. 2 preconditions.',
'construction of a project under this section shall be a voluntary project initiated only after a an eligible entity has',
'entered into an agreement with the secretary to pay no less than 35 percent of the costs of project construction;',
'b an eligible entity has entered an agreement to pay 100 percent of any operation, maintenance, and replacement and rehabilitation',
'costs with respect to the project; c note: determination. the secretary determines the proposed project i will not result in',
'an unmitigated adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts; ii will',
'not result in an unmitigated adverse effect on the environment; iii is consistent with the responsibilities of the secretary i',
'in the role as trustee for federally recognized indian tribes; and ii to ensure compliance with any applicable international and',
'tribal treaties and agreements and interstate compacts and agreements; iv is in the financial interest of the united states based',
'on a determination that the project advances federal objectives including environmental enhancement objectives in a reclamation state; and v complies',
'with all applicable federal and state law, including environmental laws; and d the secretary has complied with all applicable environmental',
'laws, 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 subtitle iii of title 54, united states code. page',
'134 stat. 3246 d funding. there is authorized to be appropriated to carry out this section $15,000,000 for each of',
'fiscal years 2022 through 2026, to remain available until expended. e effects. 1 in general. nothing in this section supersedes',
'or limits any existing authority provided, or responsibility conferred, by any provision of law. 2 effect on state water law.',
'nothing in this section preempts or affects any a state water law; or b interstate compact governing water. f compliance',
'required. the secretary shall comply with applicable state water laws in carrying out this section. g priority for projects providing',
'regional benefits and assistance for aging assets. when funding projects under this section, the secretary shall prioritize projects that 1',
'are jointly developed and supported by a diverse array of stakeholders including representatives of irrigated agricultural production, hydroelectric production, potable',
'water purveyors and industrial water users, indian tribes, commercial fishing interests, and nonprofit conservation organizations; 2 affect water resources management',
'in 2 or more river basins while providing regional benefits not limited to fisheries restoration; 3 are a component of',
'a broader strategy or plan to replace aging facilities with 1 or more alternate facilities providing similar benefits; and 4',
'contribute to the restoration of anadromous fish species listed under the endangered species act of 1973 16 u.s.c. 1531 et',
'seq. . sec. 1110. note: clean water for rural communities act. montana. north dakota. clean water for rural communities. a',
'short title. this section may be cited as the clean water for rural communities act. b purpose. the purpose of',
'this act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of 1',
'dawson, garfield, mccone, prairie, richland, judith basin, wheatland, golden valley, fergus, yellowstone, and musselshell counties in the state of montana;',
'and 2 mckenzie county, north dakota. c definitions. in this act: 1 authority. the term authority means a the central',
'montana regional water authority, a publicly owned nonprofit water authority formed in accordance with mont. code ann. sec. 75 6',
'302 2007 ; and b any nonprofit successor entity to the authority described in subparagraph a . 2 musselshell judith',
'rural water system. the term musselshell judith rural water system means the musselshell judith rural water system authorized under subsection',
'd 1 , with a project service area that includes a judith basin, wheatland, golden valley, and musselshell counties in',
'the state; b the portion of yellowstone county in the state within 2 miles of state highway 3 and within',
'4 miles page 134 stat. 3247 of the county line between golden valley and yellowstone counties in the state, inclusive',
'of the town of broadview, montana; and c the portion of fergus county in the state within 2 miles of',
'u.s. highway 87 and within 4 miles of the county line between fergus and judith basin counties in the state,',
'inclusive of the town of moore, montana. 3 state. the term state means the state of montana. d musselshell judith',
'rural water system. 1 authorization. the secretary may carry out the planning, design, and construction of the musselshell judith rural',
'water system in a manner that is substantially in accordance with the feasibility report entitled musselshell judith rural water system',
'feasibility report including any and all revisions of the report . 2 cooperative agreement. the secretary shall enter into a',
'cooperative agreement with the authority to provide federal assistance for the planning, design, and construction of the musselshell judith rural',
'water system. 3 cost sharing requirement. a federal share. i in general. the federal share of the costs relating to',
'the planning, design, and construction of the musselshell judith rural water system shall not exceed 65 percent of the total',
'cost of the musselshell judith rural water system. ii limitation. amounts made available under clause i shall not be returnable',
'or reimbursable under the reclamation laws. b use of federal funds. i general uses. subject to clause ii , the',
'musselshell judith rural water system may use federal funds made available to carry out this subsection for i facilities relating',
'to aa water pumping; bb water treatment; cc water storage; dd water supply wells; ee distribution pipelines; and ff control',
'systems; ii transmission pipelines; iii pumping stations; iv appurtenant buildings, maintenance equipment, and access roads; v any interconnection facility that',
'connects a pipeline of the musselshell judith rural water system to a pipeline of a public water system; vi electrical',
'power transmission and distribution facilities required for the operation and maintenance of the musselshell judith rural water system; vii note:',
'determination. any other facility or service required for the development of a rural water distribution system, as determined by the',
'secretary; and page 134 stat. 3248 viii any property or property right required for the construction or operation of a',
'facility described in this subsection. ii limitation. federal funds made available to carry out this subsection shall not be used',
'for the operation, maintenance, or replacement of the musselshell judith rural water system. iii title. title to the musselshell judith',
'rural water system shall be held by the authority. e dry redwater feasibility study. 1 definitions. in this subsection: a',
'dry redwater regional water authority. the term dry redwater regional water authority means i the dry redwater regional water authority,',
'a publicly owned nonprofit water authority formed in accordance with mont. code ann. sec. 75 6 302 2007 ; and',
'ii any nonprofit successor entity to the authority described in clause i . b dry redwater regional water authority system.',
'the term dry redwater regional water authority system means the project entitled the dry redwater regional water authority system, with',
'a project service area that includes i garfield and mccone counties in the state; ii the area west of the',
'yellowstone river in dawson and richland counties in the state; iii t. 15 n. including the area north of the',
'township in prairie county in the state; and iv the portion of mckenzie county, north dakota, that includes all land',
'that is located west of the yellowstone river in the state of north dakota. c reclamation feasibility standards. the term',
'reclamation feasibility standards means the eligibility criteria and feasibility study requirements described in section 106 of the reclamation rural water',
'supply act of 2006 43 u.s.c. 2405 as in effect on september 29, 2016 . d submitted feasibility study. the',
'term submitted feasibility study means the feasibility study entitled dry redwater regional water system feasibility study including revisions of the',
'study , which received funding from the bureau of reclamation on september 1, 2010. 2 study. a note: consultation. review.',
'determination. in general. the secretary, in consultation with the dry redwater regional water authority, may undertake a study, including a',
'review of the submitted feasibility study, to determine the feasibility of constructing the dry redwater regional water system. b requirement.',
'the study under subparagraph a shall comply with the reclamation feasibility standards. 3 note: determination. cooperative agreement. if the secretary',
'determines that the study under paragraph 2 does not comply with the reclamation feasibility standards, the secretary may enter into',
'a cooperative agreement with the dry redwater regional water authority to complete additional work to ensure that the study complies',
'with the reclamation feasibility standards. page 134 stat. 3249 4 authorization of appropriations. there is authorized to be appropriated to',
'the secretary $5,000,000 to carry out this subsection. 5 termination. the authority provided by this subsection shall expire on the',
'date that is 5 years after the date of enactment of this act. f water rights. nothing in this act',
'1 preempts or affects any state water law; or 2 affects any authority of a state, as in effect on',
'the date of enactment of this act, to manage water resources within that state. g authorization of appropriations. 1 authorization.',
'there is authorized to be appropriated to carry out the planning, design, and construction of the musselshell judith rural water',
'system, substantially in accordance with the cost estimate set forth in the feasibility report described in subsection d 1 ,',
'$56,650,000. 2 cost indexing. the amount authorized to be appropriated under paragraph 1 may be increased or decreased in accordance',
'with ordinary fluctuations in development costs incurred after november 1, 2014, as indicated by any available engineering cost indices applicable',
'to construction activities that are similar to the construction of the musselshell judith rural water system. sec. 1111. note: snow',
'water supply forecasting program authorization act. 43 usc 1477. snow water supply forecasting. a short title. this section may be',
'cited as the snow water supply forecasting program authorization act. b definition of program. in this act, the term program',
'means the snow water supply forecasting program established by subsection c . c snow water supply forecasting program. 1 program',
'establishment. the snow water supply forecasting program is hereby established within the department of the interior. 2 program implementation. to',
'implement the program, the secretary shall a develop the program framework in coordination with other federal agencies pursuant to subsection',
'd , culminating in the report required under subsection d 3 ; and b after submitting the report required by',
'subsection d 3 , implement activities to improve snowpack measurement in particular watersheds pursuant to subsection e . d development',
'of program framework in coordination with other federal agencies. 1 snowpack measurement data. when determining water supply forecasts or allocations',
'to federal water contractors, the secretary, acting through the commissioner of the bureau of reclamation, shall incorporate, to the greatest',
'extent practicable, information from emerging technologies for snowpack measurement, such as a synthetic aperture radar; b laser altimetry; and c',
'note: determination. other emerging technologies that the secretary determines are likely to provide more accurate or timely snowpack measurement data.',
'page 134 stat. 3250 2 coordination. in carrying out paragraph 1 , the secretary shall coordinate data use and collection',
'efforts with other federal agencies that use or may benefit from the use of emerging technologies for snowpack measurement. 3',
'emerging technologies report. not later than october 1, 2021, the secretary shall submit to congress a report that a summarizes',
'the use of emerging technologies pursuant to this act; b describes benefits derived from the use of technologies summarized under',
'subparagraph a related to the environment and increased water supply reliability; and c describes how federal agencies will coordinate to',
'implement emerging technologies. e program implementation. 1 activities implementing framework. after submitting the report required under subsection d 3 ,',
'the secretary shall participate with program partners in implementing activities to improve snowpack measurement in particular watersheds. 2 focus. the',
'program shall focus on activities that will maintain, establish, expand, or advance snowpack measurement consistent with the report required by',
'subsection d 3 , with an emphasis on a enhancing activities in river basins to achieve improved snow and water',
'supply forecasting results; b activities in river basins where snow water supply forecasting related activities described in this act are',
'not occurring on the date of the enactment of this act; and c demonstrating or testing new, or improving existing,',
'snow and water supply forecasting technology. 3 information sharing. the secretary may provide information collected and analyzed under this act',
'to program partners through appropriate mechanisms, including interagency agreements with federal agencies, states, state agencies, or a combination thereof, leases,',
'contracts, cooperative agreements, grants, loans, and memoranda of understanding. 4 note: determination. program partners. program partners with whom the secretary',
'enters into cooperative agreements pursuant to paragraph 5 may include water districts, irrigation districts, water associations, universities, state agencies, other',
'federal agencies, private sector entities, non governmental organizations, and other entities, as determined by the secretary. 5 cooperative agreements. the',
'secretary may a enter into cooperative agreements with program partners to allow the program to be administered efficiently and cost',
'effectively through cost sharing or by providing additional in kind resources necessary for program implementation; and b provide nonreimbursable matching',
'funding for programmatic and operational activities under this act in consultation with program partners. 6 environmental laws. nothing in this',
'act shall modify any obligation of the secretary to comply with applicable federal and state environmental laws in carrying out',
'this act. page 134 stat. 3251 f note: lists. program implementation report. not later than 4 years after the date',
'of the enactment of this act, the secretary shall submit a report to the committee on natural resources and the',
'committee on appropriations of the house of representatives and the committee on energy and natural resources and the committee on',
'appropriations of the senate, that includes 1 a list of basins and sub basins for which snowpack measurement technologies are',
'being used under the program, including a description of each technology used; and 2 a list of federal agencies and',
'program partners participating in each basin or sub basin listed in paragraph 1 . g authorization of appropriations. there is',
'authorized to be appropriated to the secretary to carry out this act $15,000,000, in the aggregate, for fiscal years 2022',
'through 2026. sec. 1112. water technology investment. the water desalination act of 1996 public law 104 298; 42 u.s.c. 10301',
'note is amended 1 in section 4 a 1 , by inserting , including modules specifically designed for brine management',
'after and concepts; and 2 in section 8 b a by striking 3,000,000 and inserting 20,000,000; and b by striking',
'2017 through 2021 and inserting 2022 through 2026, in addition to the authorization of appropriations for projects in section 4',
'a 2 f . sec. 1113. sharing arrangements with federal agencies. section 405 of the indian health care improvement act',
'25 u.s.c. 1645 is amended 1 in subsection a 1 , by inserting urban indian organizations, before and tribal organizations;',
'and 2 in subsection c a by inserting urban indian organization, before or tribal organization; and b by inserting an',
'urban indian organization, before or a tribal organization. sec. 1114. amendment to the indian health care improvement act. section 409',
'of the indian health care improvement act 25 u.s.c. 1647b is amended by striking 25 u.s.c. 450 et seq. and',
'inserting 25 u.s.c. 5301 et seq. or the tribally controlled schools act of 1988 25 u.s.c. 2501 et seq. .',
'sec. 1115. note: 33 usc 2330c note. definitions. in this title: 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 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 . 3 secretary. the term secretary means the',
'secretary of the interior. page 134 stat. 3252 title xii horseracing note: horseracing integrity and safety act of 2020. integrity',
'and safety sec. 1201. note: 15 usc 3051 note. short title. this title may be cited as the horseracing integrity',
'and safety act of 2020. sec. 1202. note: 13 usc 3051. definitions. in this act the following definitions apply: 1',
'authority. the term authority means the horseracing integrity and safety authority designated by section 1203 a . 2 breeder. the',
'term breeder means a person who is in the business of breeding covered horses. 3 commission. the term commission means',
'the federal trade commission. 4 covered horse. the term covered horse means any thoroughbred horse, or any other horse made',
'subject to this act by election of the applicable state racing commission or the breed governing organization for such horse',
'under section 1205 k , during the period a beginning on the date of the horses first timed and reported',
'workout at a racetrack that participates in covered horseraces or at a training facility; and b ending on the date',
'on which the authority receives written notice that the horse has been retired. 5 covered horserace. the term covered horserace',
'means any horserace involving covered horses that has a substantial relation to interstate commerce, including any thoroughbred horserace that is',
'the subject of interstate off track or advance deposit wagers. 6 covered persons. the term covered persons means all trainers,',
'owners, breeders, jockeys, racetracks, veterinarians, persons legal and natural licensed by a state racing commission and the agents, assigns, and',
'employees of such persons and other horse support personnel who are engaged in the care, training, or racing of covered',
'horses. 7 equine constituencies. the term equine constituencies means, collectively, owners, breeders, trainers, racetracks, veterinarians, state racing commissions, and jockeys',
'who are engaged in the care, training, or racing of covered horses. 8 equine industry representative. the term equine industry',
'representative means an organization regularly and significantly engaged in the equine industry, including organizations that represent the interests of, and',
'whose membership consists of, owners, breeders, trainers, racetracks, veterinarians, state racing commissions, and jockeys. 9 horseracing anti doping and medication',
'control program. the term horseracing anti doping and medication control program means the anti doping and medication program established under',
'section 1206 a . 10 immediate family member. the term immediate family member shall include a spouse, domestic partner, mother,',
'father, aunt, uncle, sibling, or child. page 134 stat. 3253 11 interstate off track wager. the term interstate off track',
'wager has the meaning given such term in section 3 of the interstate horseracing act of 1978 15 u.s.c. 3002',
'. 12 jockey. the term jockey means a rider or driver of a covered horse in covered horseraces. 13 owner.',
'the term owner means a person who holds an ownership interest in one or more covered horses. 14 program effective',
'date. the term program effective date means july 1, 2022. 15 racetrack. the term racetrack means an organization licensed by',
'a state racing commission to conduct covered horseraces. 16 racetrack safety program. the term racetrack safety program means the program',
'established under section 1207 a . 17 stakes race. the term stakes race means any race so designated by the',
'racetrack at which such race is run, including, without limitation, the races comprising the breeders cup world championships and the',
'races designated as graded stakes by the american graded stakes committee of the thoroughbred owners and breeders association. 18 state',
'racing commission. the term state racing commission means an entity designated by state law or regulation that has jurisdiction over',
'the conduct of horseracing within the applicable state. 19 trainer. the term trainer means an individual engaged in the training',
'of covered horses. 20 training facility. the term training facility means a location that is not a racetrack licensed by',
'a state racing commission that operates primarily to house covered horses and conduct official timed workouts. 21 veterinarian. the term',
'veterinarian means a licensed veterinarian who provides veterinary services to covered horses. 22 workout. the term workout means a timed',
'running of a horse over a predetermined distance not associated with a race or its first qualifying race, if such',
'race is made subject to this act by election under section 1205 k of the horses breed governing organization or',
'the applicable state racing commission. sec. 1203. note: 15 usc 3052. recognition of the horseracing integrity and safety authority. a',
'in general. the private, independent, self regulatory, nonprofit corporation, to be known as the horseracing integrity and safety authority, is',
'recognized for purposes of developing and implementing a horseracing anti doping and medication control program and a racetrack safety program',
'for covered horses, covered persons, and covered horseraces. b board of directors. 1 membership. the authority shall be governed by',
'a board of directors in this section referred to as the board comprised of nine members as follows: a independent',
'members. five members of the board shall be independent members selected from outside the equine industry. b industry members. page',
'134 stat. 3254 i in general. four members of the board shall be industry members selected from among the various',
'equine constituencies. ii representation of equine constituencies. the industry members shall be representative of the various equine constituencies, and shall',
'include not more than one industry member from any one equine constituency. 2 chair. the chair of the board shall',
'be an independent member described in paragraph 1 a . 3 bylaws. the board of the authority shall be governed',
'by bylaws for the operation of the authority with respect to a the administrative structure and employees of the authority;',
'b the establishment of standing committees; c the procedures for filling vacancies on the board and the standing committees; d',
'term limits for members and termination of membership; and e any other matter the board considers necessary. c standing committees.',
'1 anti doping and medication control standing committee. a in general. the authority shall establish an anti doping and medication',
'control standing committee, which shall provide advice and guidance to the board on the development and maintenance of the horseracing',
'anti doping and medication control program. b membership. the anti doping and medication control standing committee shall be comprised of',
'seven members as follows: i independent members. a majority of the members shall be independent members selected from outside the',
'equine industry. ii industry members. a minority of the members shall be industry members selected to represent the various equine',
'constituencies, and shall include not more than one industry member from any one equine constituency. iii qualification. a majority of',
'individuals selected to serve on the anti doping and medication control standing committee shall have significant, recent experience in anti',
'doping and medication control rules. c chair. the chair of the anti doping and medication control standing committee shall be',
'an independent member of the board described in subsection b 1 a . 2 racetrack safety standing committee. a in',
'general. the authority shall establish a racetrack safety standing committee, which shall provide advice and guidance to the board on',
'the development and maintenance of the racetrack safety program. b membership. the racetrack safety standing committee shall be comprised of',
'seven members as follows: i independent members. a majority of the members shall be independent members selected from outside the',
'equine industry. page 134 stat. 3255 ii industry members. a minority of the members shall be industry members selected to',
'represent the various equine constituencies. c chair. the chair of the racetrack safety standing committee shall be an industry member',
'of the board described in subsection b 1 b . d nominating committee. 1 membership. a in general. the nominating',
'committee of the authority shall be comprised of seven independent members selected from business, sports, and academia. b initial membership.',
'the initial nominating committee members shall be set forth in the governing corporate documents of the authority. c vacancies. after',
'the initial committee members are appointed in accordance with subparagraph b , vacancies shall be filled by the board pursuant',
'to rules established by the authority. 2 chair. the chair of the nominating committee shall be selected by the nominating',
'committee from among the members of the nominating committee. 3 selection of members of the board and standing committees. a',
'initial members. the nominating committee shall select the initial members of the board and the standing committees described in subsection',
'c . b subsequent members. the nominating committee shall recommend individuals to fill any vacancy on the board or on',
'such standing committees. e conflicts of interest. to avoid conflicts of interest, the following individuals may not be selected as',
'a member of the board or as an independent member of a nominating or standing committee under this section: 1',
'an individual who has a financial interest in, or provides goods or services to, covered horses. 2 an official or',
'officer a of an equine industry representative; or b who serves in a governance or policymaking capacity for an equine',
'industry representative. 3 an employee of, or an individual who has a business or commercial relationship with, an individual described',
'in paragraph 1 or 2 . 4 an immediate family member of an individual described in paragraph 1 or 2',
'. f funding. 1 initial funding. a in general. initial funding to establish the authority and underwrite its operations before',
'the program effective date shall be provided by loans obtained by the authority. b borrowing. the authority may borrow funds',
'toward the funding of its operations. c annual calculation of amounts required. i note: deadlines. determination. in general. not later',
'than the date that is 90 days before the program effective date, and not later than november 1 each year',
'thereafter, the authority shall determine and provide to each state page 134 stat. 3256 racing commission the estimated amount required',
'from the state i to fund the states proportionate share of the horseracing anti doping and medication control program and',
'the racetrack safety program for the next calendar year; and ii to liquidate the states proportionate share of any loan',
'or funding shortfall in the current calendar year and any previous calendar year. ii basis of calculation. the amounts calculated',
'under clause i shall i be based on aa the annual budget of the authority for the following calendar year,',
'as approved by the board; and bb the projected amount of covered racing starts for the year in each state;',
'and ii take into account other sources of authority revenue. iii requirements regarding budgets of authority. i initial budget. the',
'initial budget of the authority shall require the approval of \2/3\ of the board. ii subsequent budgets. any subsequent budget',
'that exceeds the budget of the preceding calendar year by more than 5 percent shall require the approval of \2/3\',
'of the board. iv rate increases. i in general. a proposed increase in the amount required under this subparagraph shall',
'be reported to the commission. ii note: federal register, publication. notice and comment. the commission shall publish in the federal',
'register such a proposed increase and provide an opportunity for public comment. 2 assessment and collection of fees by states.',
'a note: deadline. notice of election. any state racing commission that elects to remit fees pursuant to this subsection shall',
'notify the authority of such election not later than 60 days before the program effective date. b note: regulations. requirement',
'to remit fees. after a state racing commission makes a notification under subparagraph a , the election shall remain in',
'effect and the state racing commission shall be required to remit fees pursuant to this subsection according to a schedule',
'established in rule developed by the authority and approved by the commission. c note: termination date. withdrawal of election. a',
'state racing commission may cease remitting fees under this subsection not earlier than one year after notifying the authority of',
'the intent of the state racing commission to do so. d determination of methods. each state racing commission shall determine,',
'subject to the applicable laws, regulations, and contracts of the state, the method by which the requisite amount of fees,',
'such as foal registration fees, sales contributions, starter fees, and track fees, and page 134 stat. 3257 other fees on',
'covered persons, shall be allocated, assessed, and collected. 3 assessment and collection of fees by the authority. a note: time',
'period. calculation. if a state racing commission does not elect to remit fees pursuant to paragraph 2 or withdraws its',
'election under such paragraph, the authority shall, not less frequently than monthly, calculate the applicable fee per racing start multiplied',
'by the number of racing starts in the state during the preceding month. b allocation. the authority shall allocate equitably',
'the amount calculated under subparagraph a collected among covered persons involved with covered horseraces pursuant to such rules as the',
'authority may promulgate. c assessment and collection. i in general. the authority shall assess a fee equal to the allocation',
'made under subparagraph b and shall collect such fee according to such rules as the authority may promulgate. ii remittance',
'of fees. covered persons described in subparagraph b shall be required to remit such fees to the authority. d limitation.',
'a state racing commission that does not elect to remit fees pursuant to paragraph 2 or that withdraws its election',
'under such paragraph shall not impose or collect from any person a fee or tax relating to anti doping and',
'medication control or racetrack safety matters for covered horseraces. 4 fees and fines. fees and fines imposed by the authority',
'shall be allocated toward funding of the authority and its activities. 5 rule of construction. nothing in this act shall',
'be construed to require a the appropriation of any amount to the authority; or b the federal government to guarantee',
'the debts of the authority. g quorum. for all items where board approval is required, the authority shall have present',
'a majority of independent members. sec. 1204. note: 15 usc 3053. federal trade commission oversight. a in general. the authority',
'shall submit to the commission, in accordance with such rules as the commission may prescribe under section 553 of title',
'5, united states code, any proposed rule, or proposed modification to a rule, of the authority relating to 1 the',
'bylaws of the authority; 2 a list of permitted and prohibited medications, substances, and methods, including allowable limits of permitted',
'medications, substances, and methods; 3 laboratory standards for accreditation and protocols; 4 standards for racing surface quality maintenance; 5 racetrack',
'safety standards and protocols; 6 a program for injury and fatality data analysis; page 134 stat. 3258 7 a program',
'of research and education on safety, performance, and anti doping and medication control; 8 a description of safety, performance, and',
'anti doping and medication control rule violations applicable to covered horses and covered persons; 9 a schedule of civil sanctions',
'for violations; 10 a process or procedures for disciplinary hearings; and 11 a formula or methodology for determining assessments described',
'in section 1203 f . b publication and comment. 1 in general. the commission shall a note: federal register, publication.',
'publish in the federal register each proposed rule or modification submitted under subsection a ; and b provide an opportunity',
'for public comment. 2 approval required. a proposed rule, or a proposed modification to a rule, of the authority shall',
'not take effect unless the proposed rule or modification has been approved by the commission. c decision on proposed rule',
'or modification to a rule. 1 note: deadlines. in general. not later than 60 days after the date on which',
'a proposed rule or modification is published in the federal register, the commission shall approve or disapprove the proposed rule',
'or modification. 2 conditions. the commission shall approve a proposed rule or modification if the commission finds that the proposed',
'rule or modification is consistent with a this act; and b applicable rules approved by the commission. 3 revision of',
'proposed rule or modification. a note: recommenda tions. in general. in the case of disapproval of a proposed rule or',
'modification under this subsection, not later than 30 days after the issuance of the disapproval, the commission shall make recommendations',
'to the authority to modify the proposed rule or modification. b resubmission. the authority may resubmit for approval by the',
'commission a proposed rule or modification that incorporates the modifications recommended under subparagraph a . d proposed standards and procedures.',
'1 in general. the authority shall submit to the commission any proposed rule, standard, or procedure developed by the authority',
'to carry out the horseracing anti doping and medication control program or the racetrack safety program. 2 note: federal register,',
'publication. notice and comment. the commission shall publish in the federal register any such proposed rule, standard, or procedure and',
'provide an opportunity for public comment. e interim final rules. the commission may adopt an interim final rule, to take',
'effect immediately, under conditions specified in section 553 b b of title 5, united states code, if the commission finds',
'that such a rule is necessary to protect 1 the health and safety of covered horses; or 2 the integrity',
'of covered horseraces and wagering on those horseraces. page 134 stat. 3259 sec. 1205. note: 15 usc 3054. jurisdiction of',
'the commission and the horseracing integrity and safety authority. a note: effective date. in general. beginning on the program effective',
'date, the commission, the authority, and the anti doping and medication control enforcement agency, each within the scope of their',
'powers and responsibilities under this act, as limited by subsection j , shall 1 implement and enforce the horseracing anti',
'doping and medication control program and the racetrack safety program; 2 exercise independent and exclusive national authority over a the',
'safety, welfare, and integrity of covered horses, covered persons, and covered horseraces; and b all horseracing safety, performance, and anti',
'doping and medication control matters for covered horses, covered persons, and covered horseraces; and 3 have safety, performance, and anti',
'doping and medication control authority over covered persons similar to such authority of the state racing commissions before the program',
'effective date. b preemption. the rules of the authority promulgated in accordance with this act shall preempt any provision of',
'state law or regulation with respect to matters within the jurisdiction of the authority under this act, as limited by',
'subsection j . nothing contained in this act shall be construed to limit the authority of the commission under any',
'other provision of law. c duties. 1 in general. the authority a shall develop uniform procedures and rules authorizing i',
'access to offices, racetrack facilities, other places of business, books, records, and personal property of covered persons that are used',
'in the care, treatment, training, and racing of covered horses; ii issuance and enforcement of subpoenas and subpoenas duces tecum;',
'and iii other investigatory powers of the nature and scope exercised by state racing commissions before the program effective date;',
'and b with respect to an unfair or deceptive act or practice described in section 1210, may recommend that the',
'commission commence an enforcement action. 2 approval of commission. the procedures and rules developed under paragraph 1 a shall be',
'subject to approval by the commission in accordance with section 1204. d registration of covered persons with authority. 1 note:',
'regulations. in general. as a condition of participating in covered races and in the care, ownership, treatment, and training of',
'covered horses, a covered person shall register with the authority in accordance with rules promulgated by the authority and approved',
'by the commission in accordance with section 1204. 2 agreement with respect to authority rules, standards, and procedures. registration under',
'this subsection shall include an agreement by the covered person to be subject to and comply with the rules, standards,',
'and procedures developed and approved under subsection c . page 134 stat. 3260 3 cooperation. a covered person registered under',
'this subsection shall, at all times a cooperate with the commission, the authority, the anti doping and medication control enforcement',
'agency, and any respective designee, during any civil investigation; and b respond truthfully and completely to the best of the',
'knowledge of the covered person if questioned by the commission, the authority, the anti doping and medication control enforcement agency,',
'or any respective designee. 4 failure to comply. any failure of a covered person to comply with this subsection shall',
'be a violation of section 1208 a 2 g . e note: contracts. enforcement of programs. 1 anti doping and',
'medication control enforcement agency. a agreement with usada. the authority shall seek to enter into an agreement with the united',
'states anti doping agency under which the agency acts as the anti doping and medication control enforcement agency under this',
'act for services consistent with the horseracing anti doping and medication control program. b agreement with other entity. if the',
'authority and the united states anti doping agency are unable to enter into the agreement described in subparagraph a ,',
'the authority shall enter into an agreement with an entity that is nationally recognized as being a medication regulation agency',
'equal in qualification to the united states anti doping agency to act as the anti doping and medication control enforcement',
'agency under this act for services consistent with the horseracing anti doping and medication control program. c negotiations. any negotiations',
'under this paragraph shall be conducted in good faith and designed to achieve efficient, effective best practices for anti doping',
'and medication control and enforcement on commercially reasonable terms. d elements of agreement. any agreement under this paragraph shall include',
'a description of the scope of work, performance metrics, reporting obligations, and budgets of the united states anti doping agency',
'while acting as the anti doping and medication control enforcement agency under this act, as well as a provision for',
'the revision of the agreement to increase in the scope of work as provided for in subsection k , and',
'any other matter the authority considers appropriate. e duties and powers of enforcement agency. the anti doping and medication control',
'enforcement agency under an agreement under this paragraph shall i serve as the independent anti doping and medication control enforcement',
'organization for covered horses, covered persons, and covered horseraces, implementing the anti doping and medication control program on behalf of',
'the authority; ii ensure that covered horses and covered persons are deterred from using or administering medications, page 134 stat.',
'3261 substances, and methods in violation of the rules established in accordance with this act; iii implement anti doping education,',
'research, testing, compliance and adjudication programs designed to prevent covered persons and covered horses from using or administering medications, substances,',
'and methods in violation of the rules established in accordance with this act; iv exercise the powers specified in section',
'1206 c 4 in accordance with that section; and v implement and undertake any other responsibilities specified in the agreement.',
'f term and extension. i term of initial agreement. the initial agreement entered into by the authority under this paragraph',
'shall be in effect for the 5 year period beginning on the program effective date. ii extension. at the end',
'of the 5 year period described in clause i , the authority may i extend the term of the initial',
'agreement under this paragraph for such additional term as is provided by the rules of the authority and consistent with',
'this act; or ii enter into an agreement meeting the requirements of this paragraph with an entity described by subparagraph',
'b for such term as is provided by such rules and consistent with this act. 2 agreements for enforcement by',
'state racing commissions. a state racing commissions. i racetrack safety program. the authority may enter into agreements with state racing',
'commissions for services consistent with the enforcement of the racetrack safety program. ii anti doping and medication control program. the',
'anti doping and medication control enforcement agency may enter into agreements with state racing commissions for services consistent with the',
'enforcement of the anti doping and medication control program. b elements of agreements. any agreement under this paragraph shall include',
'a description of the scope of work, performance metrics, reporting obligations, budgets, and any other matter the authority considers appropriate.',
'3 note: coordination. enforcement of standards. the authority may coordinate with state racing commissions and other state regulatory agencies to',
'monitor and enforce racetrack compliance with the standards developed under paragraphs 1 and 2 of section 1207 c . f',
'procedures with respect to rules of authority. 1 anti doping and medication control. a note: recommenda tions. in general. recommendations',
'for rules regarding anti doping and medication control shall be developed in accordance with section 1206. page 134 stat. 3262',
'b consultation. the anti doping and medication control enforcement agency shall consult with the anti doping and medication control standing',
'committee and the board of the authority on all anti doping and medication control rules of the authority. 2 note:',
'recommenda tions. racetrack safety. recommendations for rules regarding racetrack safety shall be developed by the racetrack safety standing committee of',
'the authority. g issuance of guidance. 1 the authority may issue guidance that a sets forth i an interpretation of',
'an existing rule, standard, or procedure of the authority; or ii a policy or practice with respect to the administration',
'or enforcement of such an existing rule, standard, or procedure; and b relates solely to i the administration of the',
'authority; or ii any other matter, as specified by the commission, by rule, consistent with the public interest and the',
'purposes of this subsection. 2 submittal to commission. the authority shall submit to the commission any guidance issued under paragraph',
'1 . 3 immediate effect. guidance issued under paragraph 1 shall take effect on the date on which the guidance',
'is submitted to the commission under paragraph 2 . h subpoena and investigatory authority. the authority shall have subpoena and',
'investigatory authority with respect to civil violations committed under its jurisdiction. i civil penalties. the authority shall develop a list',
'of civil penalties with respect to the enforcement of rules for covered persons and covered horseraces under its jurisdiction. j',
'civil actions. 1 in general. in addition to civil sanctions imposed under section 1208, the authority may commence a civil',
'action against a covered person or racetrack that has engaged, is engaged, or is about to engage, in acts or',
'practices constituting a violation of this act or any rule established under this act in the proper district court of',
'the united states, the united states district court for the district of columbia, or the united states courts of any',
'territory or other place subject to the jurisdiction of the united states, to enjoin such acts or practices, to enforce',
'any civil sanctions imposed under that section, and for all other relief to which the authority may be entitled. 2',
'injunctions and restraining orders. with respect to a civil action commenced under paragraph 1 , upon a proper showing, a',
'permanent or temporary injunction or restraining order shall be granted without bond. k limitations on authority. 1 prospective application. the',
'jurisdiction and authority of the authority and the commission with respect to the horseracing anti doping and medication control program',
'and the racetrack safety program shall be prospective only. 2 previous matters. page 134 stat. 3263 a in general. the',
'authority and the commission may not investigate, prosecute, adjudicate, or penalize conduct in violation of the horseracing anti doping and',
'medication control program and the racetrack safety program that occurs before the program effective date. b state racing commission. with',
'respect to conduct described in subparagraph a , the applicable state racing commission shall retain authority until the final resolution',
'of the matter. 3 other laws unaffected. this act shall not be construed to modify, impair or restrict the operation',
'of the general laws or regulations, as may be amended from time to time, of the united states, the states',
'and their political subdivisions relating to criminal conduct, cruelty to animals, matters unrelated to antidoping, medication control and racetrack and',
'racing safety of covered horses and covered races, and the use of medication in human participants in covered races. l',
'election for other breed coverage under act. 1 in general. a state racing commission or a breed governing organization for',
'a breed of horses other than thoroughbred horses may elect to have such breed be covered by this act by',
'the filing of a designated election form and subsequent approval by the authority. a state racing commission may elect to',
'have a breed covered by this act for the applicable state only. 2 election conditional on funding mechanism. a commission',
'or organization may not make an election under paragraph 1 unless the commission or organization has in place a mechanism',
'to provide sufficient funds to cover the costs of the administration of this act with respect to the horses that',
'will be covered by this act as a result of the election. 3 apportionment. the authority shall apportion costs described',
'in paragraph 2 in connection with an election under paragraph 1 fairly among all impacted segments of the horseracing industry,',
'subject to approval by the commission in accordance with section 1204. such apportionment may not provide for the allocation of',
'costs or funds among breeds of horses. sec. 1206. note: 15 usc 3055. horseracing anti doping and medication control program.',
'a program required. 1 note: deadline. in general. not later than the program effective date, and after notice and an',
'opportunity for public comment in accordance with section 1204, the authority shall establish a horseracing anti doping and medication control',
'program applicable to all covered horses, covered persons, and covered horseraces in accordance with the registration of covered persons under',
'section 1205 d . 2 consideration of other breeds. in developing the horseracing anti doping and medication control program with',
'respect to a breed of horse that is made subject to this act by election of a state racing commission',
'or the breed governing organization for such horse under section 1205 k , the authority shall consider the unique characteristics',
'of such breed. page 134 stat. 3264 b considerations in development of program. in developing the horseracing anti doping and',
'medication control program, the authority shall take into consideration the following: 1 covered horses should compete only when they are',
'free from the influence of medications, other foreign substances, and methods that affect their performance. 2 covered horses that are',
'injured or unsound should not train or participate in covered races, and the use of medications, other foreign substances, and',
'treatment methods that mask or deaden pain in order to allow injured or unsound horses to train or race should',
'be prohibited. 3 rules, standards, procedures, and protocols regulating medication and treatment methods for covered horses and covered races should',
'be uniform and uniformly administered nationally. 4 to the extent consistent with this act, consideration should be given to international',
'anti doping and medication control standards of the international federation of horseracing authorities and the principles of veterinary medical ethics',
'of the american veterinary medical association. 5 the administration of medications and treatment methods to covered horses should be based',
'upon an examination and diagnosis that identifies an issue requiring treatment for which the medication or method represents an appropriate',
'component of treatment. 6 the amount of therapeutic medication that a covered horse receives should be the minimum necessary to',
'address the diagnosed health concerns identified during the examination and diagnostic process. 7 the welfare of covered horses, the integrity',
'of the sport, and the confidence of the betting public require full disclosure to regulatory authorities regarding the administration of',
'medications and treatments to covered horses. c activities. the following activities shall be carried out under the horseracing anti doping',
'and medication control program: 1 note: deadline. standards for anti doping and medication control. not later than 120 days before',
'the program effective date, the authority shall issue, by rule a uniform standards for i the administration of medication to',
'covered horses by covered persons; and ii laboratory testing accreditation and protocols; and b note: list. a list of permitted',
'and prohibited medications, substances, and methods, including allowable limits of permitted medications, substances, and methods. 2 review process for administration',
'of medication. the note: time period. development of a review process for the administration of any medication to a covered',
'horse during the 48 hour period preceding the next racing start of the covered horse. 3 agreement requirements. the development',
'of requirements with respect to agreements under section 1205 e . 4 anti doping and medication control enforcement agency. a',
'note: consultation. control rules, protocols, etc. except as provided in paragraph 5 , the anti doping and medication control program',
'enforcement agency under section 1205 e page 134 stat. 3265 shall, in consultation with the anti doping and medication control',
'standing committee of the authority and consistent with international best practices, develop and recommend anti doping and medication control rules,',
'protocols, policies, and guidelines for approval by the authority. b results management. the anti doping and medication control enforcement agency',
'shall conduct and oversee anti doping and medication control results management, including independent investigations, charging and adjudication of potential medication',
'control rule violations, and the enforcement of any civil sanctions for such violations. any final decision or civil sanction of',
'the anti doping and medication control enforcement agency under this subparagraph shall be the final decision or civil sanction of',
'the authority, subject to review in accordance with section 1209. c testing. the anti doping enforcement agency shall perform and',
'manage test distribution planning including intelligence based testing , the sample collection process, and in competition and out of competition',
'testing including no advance notice testing . d testing laboratories. the anti doping and medication control enforcement agency shall accredit',
'testing laboratories based upon the standards established under this act, and shall monitor, test, and audit accredited laboratories to ensure',
'continuing compliance with accreditation standards. 5 anti doping and medication control standing committee. note: consultation. lists. recommenda tions. the anti',
'doping and medication control standing committee shall, in consultation with the anti doping and medication control enforcement agency, develop lists',
'of permitted and prohibited medications, methods, and substances for recommendation to, and approval by, the authority. note: determination. any such',
'list may prohibit the administration of any substance or method to a horse at any time after such horse becomes',
'a covered horse if the authority determines such substance or method has a long term degrading effect on the soundness',
'of a horse. d note: time period. effective date. prohibition. except as provided in subsections e and f , the',
'horseracing anti doping and medication control program shall prohibit the administration of any prohibited or otherwise permitted substance to a',
'covered horse within 48 hours of its next racing start, effective as of the program effective date. e advisory committee',
'study and report. 1 in general. not later than the program effective date, the authority shall convene an advisory committee',
'comprised of horseracing anti doping and medication control industry experts, including a member designated by the anti doping and medication',
'control enforcement agency, to conduct a study on the use of furosemide on horses during the 48 hour period before',
'the start of a race, including the effect of furosemide on equine health and the integrity of competition and any',
'other matter the authority considers appropriate. 2 note: recommenda tions. report. not later than three years after the program effective',
'date, the authority shall direct the advisory committee convened under paragraph 1 to submit to the authority a written report',
'on the study conducted under that paragraph page 134 stat. 3266 that includes recommended changes, if any, to the prohibition',
'in subsection d . 3 modification of prohibition. a note: applicability. effective date. in general. after receipt of the report',
'required by paragraph 2 , the authority may, by unanimous vote of the board of the authority, modify the prohibition',
'in subsection d and, notwithstanding subsection f , any such modification shall apply to all states beginning on the date',
'that is three years after the program effective date. b condition. in order for a unanimous vote described in subparagraph',
'a to effect a modification of the prohibition in subsection d , the vote must include unanimous adoption of each',
'of the following findings: i that the modification is warranted. ii that the modification is in the best interests of',
'horse racing. iii that furosemide has no performance enhancing effect on individual horses. iv that public confidence in the integrity',
'and safety of racing would not be adversely affected by the modification. f exemption. 1 note: time period. effective date.',
'in general. except as provided in paragraph 2 , only during the three year period beginning on the program effective',
'date, a state racing commission may submit to the authority, at such time and in such manner as the authority',
'may require, a request for an exemption from the prohibition in subsection d with respect to the use of furosemide',
'on covered horses during such period. 2 exceptions. an exemption under paragraph 1 may not be requested for a two',
'year old covered horses; or b covered horses competing in stakes races. 3 contents of request. a request under paragraph',
'1 shall specify the applicable state racing commissions requested limitations on the use of furosemide that would apply to the',
'state under the horseracing anti doping and medication control program during such period. such limitations shall be no less restrictive',
'on the use and administration of furosemide than the restrictions set forth in states laws and regulations in effect as',
'of september 1, 2020. 4 grant of exemption. subject to subsection e 3 , the authority shall grant an exemption',
'requested under paragraph 1 for the remainder of such period and shall allow the use of furosemide on covered horses',
'in the applicable state, in accordance with the requested limitations. g baseline anti doping and medication control rules. 1 in',
'general. subject to paragraph 3 , the baseline anti doping and medication control rules described in paragraph 2 shall a',
'constitute the initial rules of the horseracing anti doping and medication control program; and b except as exempted pursuant to',
'subsections e and f , remain in effect at all times after the program effective date. 2 baseline anti doping',
'medication control rules described. page 134 stat. 3267 a note: list. in general. the baseline anti doping and medication control',
'rules described in this paragraph are the following: i the lists of permitted and prohibited substances including drugs, medications, and',
'naturally occurring substances and synthetically occurring substances in effect for the international federation of horseracing authorities, including the international federation',
'of horseracing authorities international screening limits for urine, dated may 2019, and the international federation of horseracing authorities international screening',
'limits for plasma, dated may 2019. ii the world anti doping agency international standard for laboratories version 10.0 , dated',
'november 12, 2019. iii the association of racing commissioners international out of competition testing standards, model rules of racing version',
'9.2 . iv the association of racing commissioners international penalty and multiple medication violation rules, model rules of racing version',
'6.2 . b conflict of rules. in the case of a conflict among the rules described in subparagraph a ,',
'the most stringent rule shall apply. 3 modifications to baseline rules. a development by anti doping and medication control standing',
'committee. the anti doping and medication control standing committee, in consultation with the anti doping and medication control enforcement agency,',
'may develop and submit to the authority for approval by the authority proposed modifications to the baseline anti doping and',
'medication control rules. b authority approval. if the authority approves a proposed modification under this paragraph, the proposed modification shall',
'be submitted to and considered by the commission in accordance with section 1204. c anti doping and medication control enforcement',
'agency veto authority. the authority shall not approve any proposed modification that renders an anti doping and medication control rule',
'less stringent than the baseline anti doping and medication control rules described in paragraph 2 including by increasing permitted medication',
'thresholds, adding permitted medications, removing prohibited medications, or weakening enforcement mechanisms without the approval of the anti doping and medication',
'control enforcement agency. sec. 1207. note: 15 usc 3056. racetrack safety program. a establishment and considerations. 1 note: deadline. in',
'general. not later than the program effective date, and after notice and an opportunity for public comment in accordance with',
'section 1204, the authority shall establish a racetrack safety program applicable to all covered horses, covered persons, and covered horseraces',
'in accordance with the registration of covered persons under section 1205 d . 2 considerations in development of safety program.',
'in the development of the horseracing safety program page 134 stat. 3268 for covered horses, covered persons, and covered horseraces,',
'the authority and the commission shall take into consideration existing safety standards including the national thoroughbred racing association safety and',
'integrity alliance code of standards, the international federation of horseracing authoritys international agreement on breeding, racing, and wagering, and the',
'british horseracing authoritys equine health and welfare program. b elements of horseracing safety program. the horseracing safety program shall include',
'the following: 1 a set of training and racing safety standards and protocols taking into account regional differences and the',
'character of differing racing facilities. 2 a uniform set of training and racing safety standards and protocols consistent with the',
'humane treatment of covered horses, which may include lists of permitted and prohibited practices or methods such as crop use',
'. 3 a racing surface quality maintenance system that a takes into account regional differences and the character of differing',
'racing facilities; and b may include requirements for track surface design and consistency and established standard operating procedures related to',
'track surface, monitoring, and maintenance such as standardized seasonal assessment, daily tracking, and measurement . 4 a uniform set of',
'track safety standards and protocols, that may include rules governing oversight and movement of covered horses and human and equine',
'injury reporting and prevention. 5 programs for injury and fatality data analysis, that may include pre and post training and',
'race inspections, use of a veterinarians list, and concussion protocols. 6 the undertaking of investigations at racetrack and non racetrack',
'facilities related to safety violations. 7 procedures for investigating, charging, and adjudicating violations and for the enforcement of civil sanctions',
'for violations. 8 a schedule of civil sanctions for violations. 9 disciplinary hearings, which may include binding arbitration, civil sanctions,',
'and research. 10 management of violation results. 11 programs relating to safety and performance research and education. 12 note: evaluation.',
'an evaluation and accreditation program that ensures that racetracks in the united states meet the standards described in the elements',
'of the horseracing safety program. c activities. the following activities shall be carried out under the racetrack safety program: 1',
'standards for racetrack safety. the development, by the racetrack safety standing committee of the authority in section 1203 c 2',
'of uniform standards for racetrack and horseracing safety. 2 standards for safety and performance accreditation. a note: deadline. in general.',
'not later than 120 days before the program effective date, the authority, in consultation with page 134 stat. 3269 the',
'racetrack safety standing committee, shall issue, by rule in accordance with section 1204 i safety and performance standards of accreditation',
'for racetracks; and ii the process by which a racetrack may achieve and maintain accreditation by the authority. b modifications.',
'i in general. the authority may modify rules establishing the standards issued under subparagraph a , as the authority considers',
'appropriate. ii note: federal register, publication. notice and comment. the commission shall publish in the federal register any proposed rule',
'of the authority, and provide an opportunity for public comment with respect to, any modification under clause i in accordance',
'with section 1204. c extension of provisional or interim accreditation. the authority may, by rule in accordance with section 1204,',
'extend provisional or interim accreditation to a racetrack accredited by the national thoroughbred racing association safety and integrity alliance on',
'a date before the program effective date. 3 nationwide safety and performance database. a in general. not later than one',
'year after the program effective date, and after notice and an opportunity for public comment in accordance with section 1204,',
'the authority, in consultation with the commission, shall develop and maintain a nationwide database of racehorse safety, performance, health, and',
'injury information for the purpose of conducting an epidemiological study. b collection of information. in accordance with the registration of',
'covered persons under section 1205 d , the authority may require covered persons to collect and submit to the database',
'described in subparagraph a such information as the authority may require to further the goal of increased racehorse welfare. sec.',
'1208. note: 15 usc 3057. rule violations and civil sanctions. a description of rule violations. 1 in general. the authority',
'shall issue, by rule in accordance with section 1204, a description of safety, performance, and anti doping and medication control',
'rule violations applicable to covered horses and covered persons. 2 elements. the description of rule violations established under paragraph 1',
'may include the following: a with respect to a covered horse, strict liability for covered trainers for i the presence',
'of a prohibited substance or method in a sample or the use of a prohibited substance or method; ii the',
'presence of a permitted substance in a sample in excess of the amount allowed by the horseracing anti doping and',
'medication control program; and iii the use of a permitted method in violation of the applicable limitations established under the',
'horseracing anti doping and medication control program. page 134 stat. 3270 b attempted use of a prohibited substance or method',
'on a covered horse. c possession of any prohibited substance or method. d attempted possession of any prohibited substance or',
'method. e administration or attempted administration of any prohibited substance or method on a covered horse. f refusal or failure,',
'without compelling justification, to submit a covered horse for sample collection. g failure to cooperate with the authority or an',
'agent of the authority during any investigation. h failure to respond truthfully, to the best of a covered persons knowledge,',
'to a question of the authority or an agent of the authority with respect to any matter under the jurisdiction',
'of the authority. i tampering or attempted tampering with the application of the safety, performance, or anti doping and medication',
'control rules or process adopted by the authority, including i the intentional interference, or an attempt to interfere, with an',
'official or agent of the authority; ii the procurement or the provision of fraudulent information to the authority or agent;',
'and iii the intimidation of, or an attempt to intimidate, a potential witness. j trafficking or attempted trafficking in any',
'prohibited substance or method. k assisting, encouraging, aiding, abetting, conspiring, covering up, or any other type of intentional complicity involving',
'a safety, performance, or anti doping and medication control rule violation or the violation of a period of suspension or',
'eligibility. l threatening or seeking to intimidate a person with the intent of discouraging the person from the good faith',
'reporting to the authority, an agent of the authority or the commission, or the anti doping and medication control enforcement',
'agency under section 1205 e , of information that relates to i an alleged safety, performance, or anti doping and',
'medication control rule violation; or ii alleged noncompliance with a safety, performance, or anti doping and medication control rule. b',
'testing laboratories. 1 note: deadline. accreditation and standards. not later than 120 days before the program effective date, the authority',
'shall, in consultation with the anti doping and medication control enforcement agency, establish, by rule in accordance with section 1204',
'a standards of accreditation for laboratories involved in testing samples from covered horses; b the process for achieving and maintaining',
'accreditation; and c the standards and protocols for testing such samples. 2 administration. the accreditation of laboratories and the conduct',
'of audits of accredited laboratories to ensure compliance with authority rules shall be administered by the anti page 134 stat.',
'3271 doping and medication control enforcement agency. the anti doping and medication control enforcement agency shall have the authority to',
'require specific test samples to be directed to and tested by laboratories having special expertise in the required tests. 3',
'extension of provisional or interim accreditation. the authority may, by rule in accordance with section 1204, extend provisional or interim',
'accreditation to a laboratory accredited by the racing medication and testing consortium, inc., on a date before the program effective',
'date. 4 selection of laboratories. a in general. except as provided in paragraph 2 , a state racing commission may',
'select a laboratory accredited in accordance with the standards established under paragraph 1 to test samples taken in the applicable',
'state. b selection by the authority. if a state racing commission does not select an accredited laboratory under subparagraph a',
', the authority shall select such a laboratory to test samples taken in the state concerned. c results management and',
'disciplinary process. 1 note: deadline. in general. not later than 120 days before the program effective date, the authority shall',
'establish in accordance with section 1204 a rules for safety, performance, and anti doping and medication control results management; and',
'b the disciplinary process for safety, performance, and anti doping and medication control rule violations. 2 elements. the rules and',
'process established under paragraph 1 shall include the following: a provisions for notification of safety, performance, and anti doping and',
'medication control rule violations. b hearing procedures. c standards for burden of proof. d presumptions. e evidentiary rules. f appeals.',
'g guidelines for confidentiality and public reporting of decisions. 3 due process. the rules established under paragraph 1 shall provide',
'for adequate due process, including impartial hearing officers or tribunals commensurate with the seriousness of the alleged safety, performance, or',
'anti doping and medication control rule violation and the possible civil sanctions for such violation. d civil sanctions. 1 in',
'general. the authority shall establish uniform rules, in accordance with section 1204, imposing civil sanctions against covered persons or covered',
'horses for safety, performance, and anti doping and medication control rule violations. 2 requirements. the rules established under paragraph 1',
'shall a take into account the unique aspects of horseracing; b be designed to ensure fair and transparent horseraces; and',
'c deter safety, performance, and anti doping and medication control rule violations. page 134 stat. 3272 3 severity. the civil',
'sanctions under paragraph 1 may include a lifetime bans from horseracing, disgorgement of purses, monetary fines and penalties, and changes',
'to the order of finish in covered races; and b with respect to anti doping and medication control rule violators,',
'an opportunity to reduce the applicable civil sanctions that is comparable to the opportunity provided by the protocol for olympic',
'movement testing of the united states anti doping agency. e modifications. the authority may propose a modification to any rule',
'established under this section as the authority considers appropriate, and the proposed modification shall be submitted to and considered by',
'the commission in accordance with section 1204. sec. 1209. note: 15 usc 3058. review of final decisions of the authority.',
'a notice of civil sanctions. if the authority imposes a final civil sanction for a violation committed by a covered',
'person pursuant to the rules or standards of the authority, the authority shall promptly submit to the commission notice of',
'the civil sanction in such form as the commission may require. b review by administrative law judge. 1 note: deadline.',
'in general. with respect to a final civil sanction imposed by the authority, on application by the commission or a',
'person aggrieved by the civil sanction filed not later than 30 days after the date on which notice under subsection',
'a is submitted, the civil sanction shall be subject to de novo review by an administrative law judge. 2 nature',
'of review. a note: determination. in general. in matters reviewed under this subsection, the administrative law judge shall determine whether',
'i a person has engaged in such acts or practices, or has omitted such acts or practices, as the authority',
'has found the person to have engaged in or omitted; ii such acts, practices, or omissions are in violation of',
'this act or the anti doping and medication control or racetrack safety rules approved by the commission; or iii the',
'final civil sanction of the authority was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.',
'b conduct of hearing. an administrative law judge shall conduct a hearing under this subsection in such a manner as',
'the commission may specify by rule, which shall conform to section 556 of title 5, united states code. 3 decision',
'by administrative law judge. a in general. with respect to a matter reviewed under this subsection, an administrative law judge',
'i note: deadline. shall render a decision not later than 60 days after the conclusion of the hearing; ii may',
'affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the final civil sanction of',
'the authority; and page 134 stat. 3273 iii may make any finding or conclusion that, in the judgment of the',
'administrative law judge, is proper and based on the record. b final decision. a decision under this paragraph shall constitute',
'the decision of the commission without further proceedings unless a notice or an application for review is timely filed under',
'subsection c . c review by commission. 1 notice of review by commission. the commission may, on its own motion,',
'review any decision of an administrative law judge issued under subsection b 3 by providing written notice to the authority',
'and any interested party not later than 30 days after the date on which the administrative law judge issues the',
'decision. 2 application for review. a in general. the authority or a person aggrieved by a decision issued under subsection',
'b 3 may petition the commission for review of such decision by filing an application for review not later than',
'30 days after the date on which the administrative law judge issues the decision. b effect of denial of application',
'for review. if an application for review under subparagraph a is denied, the decision of the administrative law judge shall',
'constitute the decision of the commission without further proceedings. c discretion of commission. i in general. a decision with respect',
'to whether to grant an application for review under subparagraph a is subject to the discretion of the commission. ii',
'note: determination. matters to be considered. in determining whether to grant such an application for review, the commission shall consider',
'whether the application makes a reasonable showing that i a prejudicial error was committed in the conduct of the proceeding;',
'or ii the decision involved aa an erroneous application of the anti doping and medication control or racetrack safety rules',
'approved by the commission; or bb an exercise of discretion or a decision of law or policy that warrants review',
'by the commission. 3 nature of review. a in general. in matters reviewed under this subsection, the commission may i',
'affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the decision of the administrative',
'law judge; and ii make any finding or conclusion that, in the judgement of the commission, is proper and based',
'on the record. b de novo review. the commission shall review de novo the factual findings and conclusions of law',
'made by the administrative law judge. c consideration of additional evidence. page 134 stat. 3274 i motion by commission. the',
'commission may, on its own motion, allow the consideration of additional evidence. ii motion by a party. i in general.',
'a party may file a motion to consider additional evidence at any time before the issuance of a decision by',
'the commission, which shall show, with particularity, that aa such additional evidence is material; and bb there were reasonable grounds',
'for failure to submit the evidence previously. ii procedure. the commission may aa accept or hear additional evidence; or bb',
'remand the proceeding to the administrative law judge for the consideration of additional evidence. d stay of proceedings. review by',
'an administrative law judge or the commission under this section shall not operate as a stay of a final civil',
'sanction of the authority unless the administrative law judge or commission orders such a stay. sec. 1210. note: 15 usc',
'3059. unfair or deceptive acts or practices. the sale of a covered horse, or of any other horse in anticipation',
'of its future participation in a covered race, shall be considered an unfair or deceptive act or practice in or',
'affecting commerce under section 5 a of the federal trade commission act 15 u.s.c. 45 a if the seller 1',
'knows or has reason to know the horse has been administered a a bisphosphonate prior to the horses fourth birthday;',
'or b note: determination. any other substance or method the authority determines has a long term degrading effect on the',
'soundness of the covered horse; and 2 fails to disclose to the buyer the administration of the bisphosphonate or other',
'substance or method described in paragraph 1 b . sec. 1211. note: 15 usc 3060. state delegation; cooperation. a state',
'delegation. 1 note: contracts. determination. in general. the authority may enter into an agreement with a state racing commission to',
'implement, within the jurisdiction of the state racing commission, a component of the racetrack safety program or, with the concurrence',
'of the anti doping and medication control enforcement agency under section 1205 e , a component of the horseracing anti',
'doping and medication control program, if the authority determines that the state racing commission has the ability to implement such',
'component in accordance with the rules, standards, and requirements established by the authority. 2 implementation by state racing commission. a',
'state racing commission or other appropriate regulatory body of a state may not implement such a component in a manner',
'less restrictive than the rule, standard, or requirement established by the authority. page 134 stat. 3275 b cooperation. to avoid',
'duplication of functions, facilities, and personnel, and to attain closer coordination and greater effectiveness and economy in administration of federal',
'and state law, where conduct by any person subject to the horseracing medication control program or the racetrack safety program',
'may involve both a medication control or racetrack safety rule violation and violation of federal or state law, the authority',
'and federal or state law enforcement authorities shall cooperate and share information. sec. 1212. 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. title xiii community development block grants sec. 1301. community development block grants. a in general.',
'funds previously made available in chapter 9 of title x of the disaster relief appropriations act, 2013 public law 113',
'2, division a; 127 stat. 36 under the heading department of housing and urban development community planning and development community',
'development fund that were available for obligation through fiscal year 2017 are to remain available through fiscal year 2023 for',
'the liquidation of valid obligations incurred in fiscal years 2013 through 2017. b emergency. amounts repurposed pursuant to this section',
'that were previously designated by the congress as an emergency requirement pursuant to the balanced budget and emergency deficit control',
'act of 1985 are designated by the congress as an emergency requirement pursuant to section 251 b 2 a i',
'of the balanced budget and emergency deficit control act of 1985. title xiv covid 19 consumer protection act sec. 1401.',
'note: covid 19 consumer protection act. 15 usc 45 note. prohibiting deceptive acts or practices in connection with the novel',
'coronavirus. a short title. this section may be cited as the covid 19 consumer protection act. b in general. for',
'the duration of a public health emergency declared pursuant to section 319 of the public health service act 42 u.s.c.',
'247d as a result of confirmed cases of the 2019 novel coronavirus covid 19 , including any renewal thereof, it',
'shall be unlawful for any person, partnership, or corporation to engage in a deceptive act or practice in or affecting',
'commerce in violation of section 5 a of the federal trade commission act 15 u.s.c. 45 a that is associated',
'with page 134 stat. 3276 1 the treatment, cure, prevention, mitigation, or diagnosis of covid 19; or 2 a government',
'benefit related to covid 19. c enforcement by the federal trade commission. 1 violation. a violation of subsection b 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',
'federal trade commission. a in general. the federal trade commission shall enforce subsection b 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 this act shall be subject to the penalties and entitled to the privileges and',
'immunities provided in the federal trade commission act. 3 effect on other laws. nothing in this act shall be construed',
'to limit the authority of the federal trade commission under any other provision of law. d severability. if any provision',
'of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of this act',
'and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected',
'by the invalidation. title xv american note: american competitiveness of a more productive emerging tech economy act. compete act sec.',
'1501. american competitiveness of a more productive emerging tech economy. a short title. this title may be cited as the',
'american competitiveness of a more productive emerging tech economy act or the american compete act. b study to advance artificial',
'intelligence. 1 in general. a note: deadline. study required. not later than 1 year after the date of enactment of',
'this act, the secretary of commerce and the federal trade commission shall complete a study on the state of the',
'artificial intelligence industry and the impact of such industry on the united states economy. b requirements for study. in conducting',
'the study, the secretary and the commission shall i note: survey. lists. develop and conduct a survey of the artificial',
'intelligence industry through outreach to participating entities as appropriate to i establish a list of industry sectors that implement and',
'promote the use of artificial intelligence; ii establish a list of public private partnerships focused on promoting the adoption and',
'use of artificial intelligence, as well as industry based bodies, including international bodies, which have developed, or are developing, mandatory',
'or voluntary standards for artificial intelligence; page 134 stat. 3277 iii the status of such industry based mandatory or voluntary',
'standards; and iv provide a description of the ways entities or industry sectors implement and promote the use of artificial',
'intelligence; ii note: list. develop a comprehensive list of federal agencies with jurisdiction over the entities and industry sectors identified',
'under clause i ; iii identify which federal agency or agencies listed under clause ii each entity or industry sector',
'interacts with; iv identify all interagency activities that are taking place among the federal agencies listed under clause ii ,',
'such as working groups or other coordinated efforts; v develop a brief description of the jurisdiction and expertise of the',
'federal agencies listed under clause ii with regard to such entities and industry sectors; vi identify all regulations, guidelines, mandatory',
'standards, voluntary standards, and other policies implemented by each of the federal agencies identified under clause ii , as well',
'as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry based bodies; vii identify federal government resources',
'that exist for consumers and small businesses to evaluate the use of artificial intelligence; and viii note: consultation. consult with',
'the office of science and technology policy and interagency efforts on artificial intelligence to minimize duplication of activities among the',
'federal agencies identified under clause ii . 2 marketplace and supply chain survey. the secretary and commission shall conduct a',
'survey of the marketplace and supply chain of artificial intelligence to a note: assessment. identify and assess risks posed to',
'such marketplace and supply chain; b note: review. review the ability of foreign governments or third parties to exploit the',
'supply chain in a manner that raises risks to the economic and national security of the united states; and c',
'identify emerging risks and long term trends in such marketplace and supply chain. 3 note: public information. web postings. report',
'to congress. not later than 6 months after the completion of the study required under paragraph 1 , the secretary',
'and the commission shall submit to the committee on energy and commerce and the committee on science, space, and technology',
'of the house of representatives, and the committee on commerce, science, and transportation of the senate, and make publicly available',
'on their respective websites, a report that contains a the results of the study conducted pursuant to paragraph 1 and',
'the survey conducted pursuant to paragraph 2 ; and b note: recommenda tions. strategies. recommendations to i grow the united',
'states economy through the secure advancement of artificial intelligence; page 134 stat. 3278 ii develop a national strategy to advance',
'the united states business sectors position in the world on the adoption of artificial intelligence; iii develop strategies to mitigate',
'current and emerging risks to the marketplace and supply chain of artificial intelligence; and iv develop legislation that i advances',
'the expeditious adoption of artificial intelligence applications in interstate commerce that takes into account findings from available federal advisory committees',
'that produce recommendations on artificial intelligence to the extent possible; and ii addresses societal priorities related to the expeditious adoption',
'of artificial intelligence applications in interstate commerce, including but not limited to maintaining ethics, reducing bias, and protecting privacy and',
'security. c study to advance internet of things in manufacturing. 1 in general. a note: deadline. coordination. study required. not',
'later than 1 year after the date of enactment of this act, the secretary of commerce, in coordination with the',
'head of any other appropriate federal agency, shall complete a study on the use of internet connected devices and internet',
'connected solutions in manufacturing in the united states. b requirements for study. in conducting the study, the secretary shall i',
'note: survey. lists. develop and conduct a survey of the manufacturing industry through outreach to participating entities as appropriate to',
'i establish a list of the industry sectors that implement and promote the use of internet connected devices and internet',
'connected solutions in manufacturing; ii establish a list of public private partnerships focused on promoting the adoption and use of',
'internet connected devices and internet connected solutions in manufacturing, as well as industry based bodies, including international bodies, that have',
'developed, or are developing, mandatory or voluntary standards for such uses; iii the status of such industry based mandatory or',
'voluntary standards; iv provide a description of the ways entities or industry sectors implement and promote the use of internet',
'connected devices and internet connected solutions in manufacturing; ii note: list. develop a comprehensive list of federal agencies with jurisdiction',
'over the entities and industry sectors identified under clause i ; iii identify which federal agency or agencies listed under',
'clause ii each entity or industry sector interacts with; iv identify all interagency activities that are taking place among the',
'federal agencies listed under page 134 stat. 3279 clause ii , such as working groups or other coordinated efforts; v',
'develop a brief description of the jurisdiction and expertise of the federal agencies listed under clause ii with regard to',
'such entities and industry sectors; vi identify all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each',
'of the federal agencies identified under clause ii , as well as all guidelines, mandatory standards, voluntary standards, and other',
'policies implemented by industry based bodies; and vii identify federal government resources that exist for consumers and small businesses to',
'evaluate the use of internet connected devices and internet connected solutions in manufacturing. 2 marketplace and supply chain survey. the',
'secretary shall conduct a survey of the marketplace and supply chain of internet connected devices and internet connected solutions used',
'in manufacturing to a note: assessment. assess the severity of risks posed to such marketplace and supply chain; b note:',
'review. review the ability of foreign governments or third parties to exploit the supply chain in a manner that raises',
'risks to the economic and national security of the united states; and c identify emerging risks and long term trends',
'in such marketplace and supply chain. 3 note: public information. web posting. report to congress. not later than 6 months',
'after the completion of the study required pursuant to paragraph 1 , the secretary shall submit to the committee on',
'energy and commerce and the committee on science, space, and technology of the house of representatives, and the committee on',
'commerce, science, and transportation of the senate, and make publicly available on the website of the department of commerce, a',
'report that contains a the results of the study conducted pursuant to paragraph 1 and the surveys conducted pursuant to',
'paragraph 2 ; and b note: recommenda tions. strategies. recommendations to i grow the united states economy through the secure',
'advancement of the use of internet connected devices and internet connected solutions in manufacturing; ii develop a national strategy to',
'advance the united states business sectors position in the world on the adoption of internet connected devices and internet connected',
'solutions used in manufacturing; iii develop strategies to mitigate current and emerging risks to the marketplace and supply chain of',
'internet connected devices and internet connected solutions used in manufacturing; iv develop policies that states can adopt to encourage the',
'growth of manufacturing, including the use of internet connected devices and internet connected solutions in manufacturing; and page 134 stat.',
'3280 v develop legislation that may advance the expeditious adoption of the use of internet connected devices and internet connected',
'solutions in manufacturing. d study to advance quantum computing. 1 in general. a note: deadline. study required. not later than',
'1 year after the date of enactment of this act, the secretary of commerce and the federal trade commission shall',
'complete a study on the state of the quantum computing industry and the impact of such industry on the united',
'states economy. b requirements for study. in conducting the study, the secretary and the commission shall i develop and conduct',
'a survey of the quantum computing industry through outreach to participating entities as appropriate to i note: survey. lists. establish',
'a list of industry sectors that implement and promote the use of quantum computing; ii establish a list of public',
'private partnerships focused on promoting the adoption and use of quantum computing, as well as industry based bodies, including international',
'bodies, which have developed, or are developing, mandatory or voluntary standards for quantum computing; iii the status of such industry',
'based mandatory or voluntary standards; and iv provide a description of the ways entities or industry sectors implement and promote',
'the use of quantum computing; ii note: list. develop a comprehensive list of federal agencies with jurisdiction over the entities',
'and industry sectors identified under clause i ; iii identify which federal agency or agencies listed under clause ii each',
'entity or industry sector interacts with; iv identify all interagency activities that are taking place among the federal agencies listed',
'under clause ii , such as working groups or other coordinated efforts; v develop a brief description of the jurisdiction',
'and expertise of the federal agencies listed under clause ii with regard to such entities and industry sectors; vi identify',
'all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the federal agencies identified under clause',
'ii , as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry based bodies; vii',
'identify federal government resources that exist for consumers and small businesses to evaluate the use of quantum computing; and viii',
'note: consultation. consult with the office of science and technology policy and interagency efforts on quantum authorized by sections 102',
'and 103 of the national page 134 stat. 3281 quantum initiative act public law 115 368 to minimize duplication of',
'activities in this subparagraph among the federal agencies listed under clause ii . 2 marketplace and supply chain survey. the',
'secretary and commission shall conduct a survey of the marketplace and supply chain of quantum computing to a note: assessment.',
'assess the severity of risks posed to such marketplace and supply chain; b note: review. review the ability of foreign',
'governments or third parties to exploit the supply chain in a manner that raises risks to the economic and national',
'security of the united states; and c identify emerging risks and long term trends in such marketplace and supply chain.',
'3 note: public information. web postings. report to congress. not later than 6 months after the completion of the study',
'required pursuant to paragraph 1 , the secretary and the commission shall submit to the committee on energy and commerce',
'and the committee on science, space, and technology of the house of representatives, and the committee on commerce, science, and',
'transportation of the senate, and make publicly available on their respective websites, a report that contains a the results of',
'the study conducted pursuant to paragraph 1 and the survey conducted pursuant to paragraph 2 ; and b note: recommenda',
'tions. strategies. recommendations to i grow the united states economy through the secure advancement of quantum computing; ii develop a',
'national strategy to advance the united states business sectors position in the world on the adoption of quantum computing; iii',
'develop strategies to mitigate current and emerging risks to the marketplace and supply chain of quantum computing; and iv develop',
'legislation that may advance the expeditious adoption of quantum computing. e study to advance blockchain technology. 1 in general. a',
'note: deadline. study required. not later than 1 year after the date of enactment of this act, the secretary of',
'commerce and the federal trade commission shall complete a study on the state of the blockchain technology industry and the',
'impact of such industry on the united states economy. b requirements for study. in conducting the study, the secretary and',
'the commission shall i note: survey. lists. develop and conduct a survey of the blockchain technology industry through outreach to',
'participating entities as appropriate to i establish a list of industry sectors that implement and promote the use of blockchain',
'technology; ii establish a list of public private partnerships focused on promoting the adoption and use of blockchain technology, as',
'well as industry based bodies, including international bodies, which have developed, or are developing, mandatory or voluntary standards for blockchain',
'technology; page 134 stat. 3282 iii the status of such industry based mandatory or voluntary standards; and iv provide a',
'description of the ways entities or industry sectors implement and promote the use of blockchain technology; ii note: list. develop',
'a comprehensive list of federal agencies with jurisdiction over the entities and industry sectors identified under clause i ; iii',
'identify which federal agency or agencies listed under clause ii each entity or industry sector interacts with; iv identify all',
'interagency activities that are taking place among the federal agencies listed under clause ii , such as working groups or',
'other coordinated efforts; v develop a brief description of the jurisdiction and expertise of the federal agencies listed under clause',
'ii with regard to such entities and industry sectors; vi identify all regulations, guidelines, mandatory standards, voluntary standards, and other',
'policies implemented by each of the federal agencies identified under clause ii , as well as all guidelines, mandatory standards,',
'voluntary standards, and other policies implemented by industry based bodies; and vii identify federal government resources that exist for consumers',
'and small businesses to evaluate the use of blockchain technology. 2 marketplace and supply chain survey. the secretary and commission',
'shall conduct a survey of the marketplace and supply chain of blockchain technology to a note: assessment. assess the severity',
'of risks posed to such marketplace and supply chain; b note: review. review the ability of foreign governments or third',
'parties to exploit the supply chain in a manner that raises risks to the economic and national security of the',
'united states; and c identify emerging risks and long term trends in such marketplace and supply chain. 3 note: public',
'information. web postings. report to congress. not later than 6 months after the completion of the study required pursuant to',
'paragraph 1 , the secretary and the commission shall submit to the committee on energy and commerce and the committee',
'on science, space, and technology of the house of representatives, and the committee on commerce, science, and transportation of the',
'senate, and make publicly available on their respective websites, a report that contains a the results of the study conducted',
'pursuant to paragraph 1 and the survey conducted pursuant to paragraph 2 ; and b note: recommenda tions. strategies. recommendations',
'to i grow the united states economy through the secure advancement of blockchain technology; ii develop a national strategy to',
'advance the united states business sectors position in the world on the adoption of blockchain technology; page 134 stat. 3283',
'iii develop strategies to mitigate current and emerging risks to the marketplace and supply chain of blockchain technology; and iv',
'develop legislation that may advance the expeditious adoption of blockchain technology. f study to advance new and advanced materials. 1',
'in general. a note: deadline. coordination. study required. not later than 1 year after the date of enactment of this',
'act, the secretary of commerce and the federal trade commission, in coordination with the head of any other appropriate federal',
'agency, shall complete a study on the state of new and advanced materials industry, including synthetically derived or enhanced natural',
'properties, and the impact of such industry on the united states economy. b requirements for study. in conducting the study,',
'the secretary and the commission shall i note: survey. lists. develop and conduct a survey of the new and advanced',
'materials industry through outreach to participating entities as appropriate to i establish a list of industry sectors that implement and',
'promote the use of new and advanced materials; ii establish a list of public private partnerships focused on promoting the',
'adoption and use of new and advanced materials, as well as industry based bodies, including international bodies, which have developed,',
'or are developing, mandatory or voluntary standards for new and advanced materials; iii the status of such industry based mandatory',
'or voluntary standards; and iv provide a description of the ways entities or industry sectors implement and promote the use',
'of new and advanced materials; ii note: list. develop a comprehensive list of federal agencies with jurisdiction over the entities',
'and industry sectors identified under clause i ; iii identify which federal agency or agencies listed under clause ii each',
'entity or industry sector interacts with; iv identify all interagency activities that are taking place among the federal agencies listed',
'under clause ii , such as working groups or other coordinated efforts; v develop a brief description of the jurisdiction',
'and expertise of the federal agencies listed under clause ii with regard to such entities and industry sectors; vi identify',
'all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the federal agencies identified under clause',
'ii , as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry based bodies; and',
'page 134 stat. 3284 vii identify federal government resources that exist for consumers and small businesses to evaluate the use',
'of new and advanced materials. 2 marketplace and supply chain survey. the secretary and commission shall conduct a survey of',
'the marketplace and supply chain of new and advanced materials to a note: assessment. assess the severity of risks posed',
'to such marketplace and supply chain; b note: review. review the ability of foreign governments or third parties to exploit',
'the supply chain in a manner that raises risks to the economic and national security of the united states; and',
'c identify emerging risks and long term trends in such marketplace and supply chain. 3 note: public information. web postings.',
'report to congress. not later than 6 months after the completion of the study required pursuant to paragraph 1 ,',
'the secretary and the commission shall submit to the committee on energy and commerce and the committee on science, space,',
'and technology of the house of representatives, and the committee on commerce, science, and transportation of the senate, and make',
'publicly available on their respective websites, a report that contains a the results of the study conducted pursuant to paragraph',
'1 and the survey conducted pursuant to paragraph 2 ; and b note: recommenda tions. recommendations to i grow the',
'united states economy through the secure advancement of new and advanced materials; ii develop a national strategy to advance the',
'united states business sectors position in the world on the adoption of new and advanced materials; iii develop strategies to',
'mitigate current and emerging risks to the marketplace and supply chain of new and advanced materials; and iv develop legislation',
'that may advance the expeditious adoption of new and advanced materials. g study to advance unmanned delivery services. 1 in',
'general. a note: deadline. study required. not later than 1 year after the date of enactment of this act, the',
'secretary of commerce, in coordination with the head of any other appropriate federal agency, shall complete a study on the',
'impact of unmanned delivery services on united states businesses conducting interstate commerce. b requirements for study. in conducting the study,',
'the secretary shall do the following: i conduct a survey through outreach to participating entities to i note: list. establish',
'a list of the industry sectors that develop and use unmanned delivery services, including the use of autonomous vehicles, drones,',
'and robots; ii note: review. review how unmanned delivery services are currently being used and any potential future applications of',
'such services; iii identify any challenges to the development and adoption of unmanned delivery services; page 134 stat. 3285 iv',
'note: review. review how such services may be used to aa deliver groceries, meals, medications, and other necessities to senior',
'citizens, people with disabilities, and people without access to traditional public transportation; bb address challenges public health emergencies present, including',
'delivering groceries, meals, medications, medical supplies, and other necessities during such emergencies; and cc any other potential use of such',
'services; v identify any safety risks associated with the adoption of unmanned delivery services on roads, in the air, or',
'other environments, including any dangers posed to pedestrians, bicyclists, motorcyclists, motorists, or property; vi identify the effect of unmanned delivery',
'services on traffic safety and congestion; vii note: evaluation. evaluate the extent to which software, technology, and infrastructure behind unmanned',
'delivery services are developed and manufactured in the united states; viii identify the number and types of jobs that may',
'be lost or substantially changed due to the development and adoption of unmanned delivery services; ix identify the number and',
'types of jobs that may be created due to the development and adoption of unmanned delivery services; and x note:',
'evaluation. evaluate the effect of the adoption unmanned delivery services on job quality for low, middle, and high skilled workers.',
'ii develop and conduct a survey of federal activity related to unmanned delivery services to i establish a list of',
'federal agencies asserting jurisdiction over industry sectors identified under clause i ii ; ii develop a brief description of the',
'jurisdiction and expertise of the federal agencies regarding unmanned delivery services; and iii identify all interagency activities regarding unmanned delivery',
'services. iii conduct a survey of the marketplace and supply chain of unmanned delivery services to i note: assessment. assess',
'the severity of risks posed to such marketplace and supply chain; ii note: review. review the ability of foreign governments',
'or third parties to exploit such supply chain in a manner that raises risks to the economic and national security',
'of the united states; and iii identify emerging risks and long term trends in such marketplace and supply chain. c',
'note: coordination. public information. web posting. report to congress. not later than 6 months after the completion of the study',
'required pursuant to paragraph 1 , the secretary, in coordination with the head page 134 stat. 3286 of any other',
'appropriate federal agency, shall submit to the committee on energy and commerce and the committee on science, space, and technology',
'of the house of representatives, and the committee on commerce, science, and transportation of the senate, and make publicly available',
'on the website of the department of commerce, a report that contains i the results of the study conducted under',
'paragraph 1 ; and ii note: recommenda tions. recommendations to i develop and implement a comprehensive plan to promote the',
'development and adoption of unmanned delivery services in the united states; ii develop policies that states can adopt to encourage',
'the development and adoption of unmanned delivery services; iii develop a national strategy to advance the united states position in',
'the world on the development and adoption of unmanned delivery services, and manufacture of technology behind unmanned delivery services; iv',
'develop strategies to mitigate current and emerging risks to the marketplace and supply chain of unmanned delivery services; and v',
'develop legislation to accomplish such recommendations. h study to advance internet of things. 1 study. the secretary of commerce shall',
'conduct a study on the state of the internet connected devices industry commonly known as the internet of things in',
'the united states. in conducting the study, the secretary shall a note: survey. lists. develop and conduct a survey of',
'the internet connected devices industry through outreach to participating entities as appropriate, including i a list of the industry sectors',
'that develop internet connected devices; ii a list of public private partnerships focused on promoting the adoption and use of',
'internet connected devices, as well as industry based bodies, including international bodies, which have developed, or are developing, mandatory or',
'voluntary standards for internet connected devices; iii the status of the industry based mandatory or voluntary standards identified in clause',
'ii ; and iv a description of the ways entities or industry sectors develop, use, or promote the use of',
'internet connected devices; b note: list. develop a comprehensive list of federal agencies with jurisdiction over the entities and industry',
'sectors identified under subparagraph a ; c identify which federal agency or agencies listed under subparagraph b each entity or',
'industry sector interacts with; page 134 stat. 3287 d identify all interagency activities that are taking place among the federal',
'agencies listed under subparagraph b , such as working groups or other coordinated efforts; e develop a brief description of',
'the jurisdiction and expertise of the federal agencies listed under subparagraph b with regard to such entities and industry sectors;',
'f identify all regulations, guidelines, mandatory standards, voluntary standards, and other policies implemented by each of the federal agencies identified',
'under subparagraph b , as well as all guidelines, mandatory standards, voluntary standards, and other policies implemented by industry based',
'bodies; and g identify federal government resources that exist for consumers and small businesses to evaluate internet connected devices. 2',
'note: public information. web posting. report to congress. not later than 1 year after the date of enactment of this',
'act, the secretary shall submit to the committee on energy and commerce and the committee on science, space, and technology',
'of the house of representatives, and the committee on commerce, science, and transportation of the senate, and make publicly available',
'on the website of the department of commerce, a report that contains a the results of the study conducted under',
'paragraph 1 ; and b note: recommenda tions. recommendations of the secretary for growth of the united states economy through',
'the secure advancement of internet connected devices. 3 definitions. in this subsection a the term federal agency means an agency,',
'as defined in section 551 of title 5, united states code; and b the term internet connected device means a',
'physical object that i is capable of connecting to the internet, either directly or indirectly through a network, to communicate',
'information at the direction of an individual; and ii has computer processing capabilities for collecting, sending, receiving, or analyzing data.',
'i study to advance three dimensional printing. 1 in general. a note: deadline. study required. not later than 1 year',
'after the date of enactment of this act, the secretary of commerce, in coordination with the head of any other',
'appropriate federal agency, shall complete a study on the state of the three dimensional printing industry and the impact of',
'such industry on the united states economy. b requirements for study. in conducting the study, the secretary shall i note:',
'survey. lists. develop and conduct a survey of the three dimensional printing industry through outreach to participating entities as appropriate',
'to i establish a list of industry sectors that implement and promote the use of three dimensional printing; ii establish',
'a list of public private partnerships focused on promoting the adoption and use page 134 stat. 3288 of three dimensional',
'printing, as well as industry based bodies, including international bodies, which have developed, or are developing, mandatory or voluntary standards',
'for three dimensional printing; iii the status of such industry based mandatory or voluntary standards; and iv provide a description',
'of the ways entities or industry sectors implement and promote the use of three dimensional printing; ii note: list. develop',
'a comprehensive list of federal agencies with jurisdiction over the entities and industry sectors identified under clause i ; iii',
'identify which federal agency or agencies listed under clause ii each entity or industry sector interacts with; iv identify all',
'interagency activities that are taking place among the federal agencies listed under clause ii , such as working groups or',
'other coordinated efforts; v develop a brief description of the jurisdiction and expertise of the federal agencies listed under clause',
'ii with regard to such entities and industry sectors; vi identify all regulations, guidelines, mandatory standards, voluntary standards, and other',
'policies implemented by each of the federal agencies identified under clause ii , as well as all guidelines, mandatory standards,',
'voluntary standards, and other policies implemented by industry based bodies; and vii identify federal government resources that exist for consumers',
'and small businesses to evaluate the use of three dimensional printing. 2 marketplace and supply chain survey. the secretary shall',
'conduct a survey of the marketplace and supply chain of three dimensional printing to a note: assessment. assess the severity',
'of risks posed to such marketplace and supply chain; b note: review. review the ability of foreign governments or third',
'parties to exploit the supply chain in a manner that raises risks to the economic and national security of the',
'united states; and c identify emerging risks and long term trends in such marketplace and supply chain. 3 note: public',
'information. web posting. report to congress. not later than 6 months after the completion of the study required pursuant to',
'paragraph 1 , the secretary shall submit to the committee on energy and commerce and the committee on science, space,',
'and technology of the house of representatives, and the committee on commerce, science, and transportation of the senate, and make',
'publicly available on the website of the department of commerce, a report that contains a the results of the study',
'conducted pursuant to paragraph 1 and the survey conducted pursuant to paragraph 2 ; and b note: recommenda tions. strategies.',
'recommendations to page 134 stat. 3289 i grow the united states economy through the secure advancement of three dimensional printing;',
'ii develop a national strategy to advance the united states business sectors position in the world on the adoption of',
'three dimensional printing; iii develop strategies to mitigate current and emerging risks to the marketplace and supply chain of three',
'dimensional printing; and iv develop legislation that may advance the expeditious adoption of three dimensional printing. j study to combat',
'online harms through innovation. 1 in general. a note: deadline. study required. not later than 1 year after the date',
'of enactment of this act, the federal trade commission shall conduct and complete a study on how artificial intelligence may',
'be used to address the online harms described in subparagraph b . b requirements for study. in conducting the study,',
'the commission shall consider whether and how artificial intelligence may be used to identify, remove, or take any other appropriate',
'action necessary to address the following online harms: i deceptive and fraudulent content intended to scam or otherwise harm individuals,',
'including such practices directed at senior citizens. ii manipulated content intended to mislead individuals, including deepfake videos and fake individual',
'reviews. iii website or mobile application interfaces designed to intentionally mislead or exploit individuals. iv illegal content online, including the',
'illegal sale of opioids, child sexual exploitation and abuse, revenge pornography, harassment, cyberstalking, hate crimes, the glorification of violence or',
'gore, and incitement of violence. v terrorist and violent extremists abuse of digital platforms, including the use of such platforms',
'to promote themselves, share propaganda, and glorify real world acts of violence. vi disinformation campaigns coordinated by inauthentic accounts or',
'individuals to influence united states elections. vii the sale of counterfeit products. 2 note: public information. web posting. recommenda tions.',
'report to congress. not later than 6 months after the completion of the study required pursuant to paragraph 1 ,',
'the commission shall submit to the committee on energy and commerce and the committee on science, space, and technology of',
'the house of representatives, and the committee on commerce, science, and transportation of the senate, and make publicly available on',
'its website, a report that contains a the results of the study conducted under paragraph 1 ; b recommendations on',
'how artificial intelligence may be used to address the online harms described in paragraph 1 b ; page 134 stat.',
'3290 c recommendations on what reasonable policies, practices, and procedures may be implemented to utilize artificial intelligence to address such',
'online harms; and d recommendations for any legislation that may advance the adoption and use of artificial intelligence to address',
'such online harms. k note: notification. combination of studies authorized. the secretary of commerce and the federal trade commission, after',
'notifying the committee on energy and commerce of the house of representatives and the committee on commerce, science, and transportation',
'of the senate, may combine any of the studies required pursuant to this act. l protection of national security. 1',
'information exempt from public disclosure. nothing in this act shall be construed to require the disclosure of information, records, or',
'reports that are exempt from public disclosure under section 552 of title 5, united states code, or that may be',
'withheld under section 552a of title 5, united states code. 2 classified and certain other information. nothing in this act',
'shall be construed to require the publication, on a website or otherwise, of any report containing information that is classified,',
'or the public release of which could have a harmful effect on national security. 3 form of reports to congress.',
'in the case of each report that is required by this act to be submitted to a committee of congress,',
'such report shall be submitted in unclassified form, but may include a classified annex. 4 submission of reports to congressional',
'intelligence committees. in the case of each report that is required by this act to be submitted to a committee',
'of congress, such report shall also be submitted to the permanent select committee on intelligence of the house of representatives',
'and the select committee on intelligence of the senate. m appropriations required. this act is subject to appropriations that may',
'be available for the department of commerce or the federal trade commission, as applicable. title xvi recording of certain obligations',
'by the department of veterans affairs sec. 1601. note: 38 usc 1701 note. recording of obligations. hereafter, note: effective date.',
'subject to the availability of appropriations, the secretary of veterans affairs shall record as an obligation of the united states',
'government amounts owed for hospital care or medical services furnished at non department facilities under title 38, united states code,',
'or acts making appropriations for the department of veterans affairs, on the date on which the secretary approves: i a',
'claim by a health care provider for payment or ii a voucher, invoice, or request for payment from a vendor',
'for services rendered under a contract: provided, that for any fiscal year in which an appropriation for the payment of',
'hospital care or medical services furnished at non department facilities has been exhausted or has yet to be enacted, this',
'title shall not provide page 134 stat. 3291 the secretary of veterans affairs with the authority to issue any new',
'authorizations or orders for such care or such services in advance of such appropriation: provided further, note: effective date. that',
'this title shall take effect as if enacted on october 1, 2018: provided further, that note: consultation. reports. not later',
'than 30 days after the date of enactment of this act, the department of veterans affairs, in consultation with the',
'office of management and budget, shall submit a report to the president and the congress, similar to the report required',
'pursuant to 31 u.s.c. 1351, detailing how, in the absence of the enactment of this title, the expenditures or obligations',
'would have exceeded the amount available in fiscal year 2019 and fiscal year 2020 in the medical community care appropriation:',
'provided further, that the report required in the preceding proviso shall also include an explanation as to how the department',
'plans to avoid incurring obligations for the medical community care appropriation in excess of its available budgetary resources in fiscal',
'year 2021 and future fiscal years pursuant to the recording of obligations required by this title. title xvii sudan note:',
'sudan claims resolution act. claims resolution sec. 1701. note: 28 usc 1605a note. short title. this title may be cited',
'as the sudan claims resolution act. sec. 1702. sense of congress. it is the sense of congress that 1 the',
'united states should support sudans democratic transition, particularly in light of the countrys dire economic situation, and this is a',
'critical moment to address longstanding issues in the relationship between the united states and sudan; 2 as part of the',
'process of restoring normal relations between sudan and the united states, congress supports efforts to provide meaningful compensation to individuals',
'employed by or serving as contractors for the united states government, as well as their family members, who personally have',
'been awarded by a united states district court a judgment for compensatory damages against sudan; and 3 the terrorism related',
'claims of victims and family members of the september 11, 2001, terrorist attacks must be preserved and protected. sec. 1703.',
'definitions. in this act: 1 appropriate congressional committees. the term appropriate congressional committees means a the committee on foreign relations',
'and the committee on the judiciary of the senate; and b the committee on foreign affairs and the committee on',
'the judiciary of the house of representatives. 2 claims agreement. the term claims agreement means the claims settlement agreement between',
'the government of the united states of america and the government of the republic of the sudan, done at washington,',
'd.c., on october 30, 2020, including all annexes, appendices, side letters, related agreements, and instruments for implementation, page 134 stat.',
'3292 including the escrow agreement among the central bank of sudan, the federal reserve bank of new york, and the',
'escrow agent appointed thereby, as well as the escrow conditions release agreement, set out in an exchange of diplomatic notes',
'between the united states and sudan on october 21, 2020, and subsequently amended on december 19, 2020. 3 foreign national.',
'the term foreign national means an individual who is not a citizen of the united states. 4 secretary. the term',
'secretary means the secretary of state. 5 state sponsor of terrorism. the term state sponsor of terrorism means a country',
'the government of which the secretary has determined is a government that has repeatedly provided support for acts of international',
'terrorism, for purposes of a section 1754 c 1 a i of the export control reform act of 2018 50',
'u.s.c. 4813 c 1 a i ; b section 620a of the foreign assistance act of 1961 22 u.s.c. 2371',
'; c section 40 d of the arms export control act 22 u.s.c. 2780 d ; or d any other',
'provision of law. 6 sudan. the term sudan means the government of the republic of the sudan. sec. 1704. receipt',
'of adequate funds; immunities of sudan. a immunity. 1 in general. subject to section 1706, and notwithstanding any other provision',
'of law, upon submission of a certification described in paragraph 2 a sudan, an agency or instrumentality of sudan, and',
'the property of sudan or an agency or instrumentality of sudan, shall not be subject to the exceptions to immunity',
'from jurisdiction, liens, attachment, and execution under section 1605 a 7 as such section was in effect on january 27,',
'2008 or section 1605a or 1610 insofar as section 1610 relates to a judgment under such section 1605 a 7',
'or 1605a of title 28, united states code; b section 1605a c of title 28, united states code, section 1083',
'c of the national defense authorization act for fiscal year 2008 public law 110 181; 28 u.s.c. 1605a note ,',
'section 589 of the foreign operations, export financing, and related programs appropriations act, 1997 public law 104 208; 28 u.s.c.',
'1605 note , and any other private right of action relating to acts by a state sponsor of terrorism arising',
'under federal, state, or foreign law shall not apply with respect to claims against sudan, or any of its agencies,',
'instrumentalities, officials, employees, or agents in any action in a federal or state court; and c any attachment, decree, lien,',
'execution, garnishment, or other judicial process brought against property of sudan, or property of any agency, instrumentality, official, employee, or',
'agent of sudan, in connection with an action that is precluded by subparagraph a or b shall be void. page',
'134 stat. 3293 2 certification. a certification described in this paragraph is a certification by the secretary to the appropriate',
'congressional committees stating that a the august 12, 1993, designation of sudan as a state sponsor of terrorism has been',
'formally rescinded; b sudan has made final payments with respect to the private settlement of the claims of victims of',
'the u.s.s. cole attack; and c the united states government has received funds pursuant to the claims agreement that are',
'sufficient to ensure i payment of the agreed private settlement amount for the death of a citizen of the united',
'states who was an employee of the united states agency for international development in sudan on january 1, 2008; ii',
'meaningful compensation for claims of citizens of the united states other than individuals described in section 1707 a 1 for',
'wrongful death or physical injury in cases arising out of the august 7, 1998, bombings of the united states embassies',
'located in nairobi, kenya, and dar es salaam, tanzania; and iii funds for compensation through a fair process to address',
'compensation for terrorism related claims of foreign nationals for wrongful death or physical injury arising out of the events referred',
'to in clause ii . b scope. subject to section 1706, subsection a of this section shall apply to all',
'conduct and any event occurring before the date of the certification described in subsection a 2 , regardless of whether,',
'or the extent to which, application of that subsection affects any action filed before, on, or after that date. c',
'authority of the secretary. the certification by the secretary referred to in subsection a 2 may not be delegated and',
'may not be subject to judicial review. sec. 1705. reauthorization of and modifications to united states victims of state sponsored',
'terrorism fund. a in general. the justice for united states victims of state sponsored terrorism act 34 u.s.c. 20144 is',
'amended 1 in subsection c 2 a i , by striking state sponsor of terrorism and inserting foreign state that',
'was designated as a state sponsor of terrorism at the time the acts described in clause ii occurred or was',
'so designated as a result of such acts; 2 in subsection e 6 , by striking january 2, 2030 each',
'place it appears and inserting january 2, 2039; and 3 in subsection j 6 , in the first sentence, by',
'inserting after final judgment the following: , except that the term does not include payments received in connection with an',
'international claims agreement to which the united states is a state party or any other settlement of terrorism related claims',
'against sudan. b lump sum catch up payments for 9/11 victims, 9/11 spouses, and 9/11 dependents. subsection d 4 of',
'the justice page 134 stat. 3294 for united states victims of state sponsored terrorism act 34 u.s.c. 20144 is amended',
'1 in subparagraph a , by striking subparagraph b and inserting subparagraphs b and c ; and 2 by adding',
'at the end the following: c lump sum catch up payments for 9/11 victims, 9/11 spouses, and 9/11 dependents. i',
'note: deadline. audit. federal register, publication. notice. in general. not later than 90 days after the date of enactment of',
'this subparagraph, and in accordance with clauses i and ii of subsection d 3 a , the comptroller general of',
'the united states shall conduct an audit and publish in the federal register a notice of proposed lump sum catch',
'up payments to 9/11 victims, 9/11 spouses, and 9/11 dependents who have submitted applications in accordance with subparagraph b in',
'amounts that, after receiving the lump sum catch up payments, would result in the percentage of the claims of 9/',
'11 victims, 9/11 spouses, and 9/11 dependents received from the fund being equal to the percentage of the claims of',
'9/11 family members received from the fund, as of the date of enactment of this subparagraph. ii note: time period.',
'public comment. the comptroller general shall provide an opportunity for public comment for a 30 day period beginning on the',
'date on which the notice is published under clause i . iii note: determination. report. not later than 30 days',
'after the expiration comment period in clause ii , the comptroller general of the united states shall submit to the',
'committee on the judiciary and the committee on appropriations of the senate, the committee on the judiciary and the committee',
'on appropriations of the house of representatives, and the special master a report that includes the determination of the comptroller',
'general on i the amount of the lump sum catch up payment for each 9/11 victim; ii the amount of',
'the lump sum catch up payment for each 9/11 spouse; iii the amount of the lump sum catch up payment',
'for each 9/11 dependent; and iv the total amount of lump sum catch up payments described in subclauses i through',
'iii .. sec. 1706. preservation of certain pending international terrorism claims against sudan. a findings. congress makes the following findings:',
'1 it is the long standing policy of the united states that civil lawsuits against those who support, aid and',
'abet, and provide material support for international terrorism serve the national security interests of the united states by deterring the',
'sponsorship of terrorism and by advancing interests of justice, transparency, and accountability. 2 neither the claims agreement, nor any other',
'aspect of the effort to normalize relations with sudan page 134 stat. 3295 a resolved claims against sudan involving victims',
'and family members of the september 11, 2001, terrorist attacks; or b otherwise advanced the interests of the victims and',
'family members of the september 11, 2001, terrorist attacks. 3 the claims referenced in paragraph 2 a remain pending in',
'the multidistrict proceeding 03 mdl 1570 in the united states district court for the southern district of new york, and',
'subsection c preserves and protects those claims. b sense of congress. it is the sense of congress that the executive',
'branch should not file a statement of interest or any other submission, or intervene in any other way, in the',
'multidistrict proceeding 03 mdl 1570, in connection to the rescission of the designation of sudan as a state sponsor of',
'terrorism or the restoration of sudans immunities from jurisdiction and execution in conformity with this act, if such action would',
'disadvantage terrorism victims. c in general. nothing in this act shall apply to, be construed to apply to, or otherwise',
'affect 1 any claim in any of the proceedings comprising the multidistrict proceeding 03 mdl 1570 in the united states',
'district court for the southern district of new york brought by any person who, as of the date of the',
'enactment of this act, has a claim pending against sudan including as a member of a class certified under rule',
'23 of the federal rules of civil procedure or as a putative member of such a class pending certification ;',
'or 2 the enforcement of any judgment in favor of such person entered in such proceeding. d applicable law. proceedings',
'described in subsection c shall be governed by applicable law in effect before the date of the enactment of this',
'act, including 1 chapter 97 of title 28, united states code commonly known as the foreign sovereign immunities act of',
'1976 , including 28 u.s.c. 1605a note; 2 section 201 of the terrorism risk insurance act of 2002 public law',
'107 297; 28 u.s.c. 1610 note , with respect to any asset that, on or after the date of enactment',
'of this act, is designated as a blocked asset as defined in subsection d 2 of that section ; 3',
'rules governing the rights of parties to amend pleadings; and 4 other relevant provisions of law. e rule of construction.',
'nothing in this section shall alter, impact the interpretation of, or otherwise affect 1 any section of chapter 97 of',
'title 28, united states code; or 2 any other provision of law. sec. 1707. compensation for certain naturalized united states',
'citizens and foreign nationals. a compensation. 1 in general. there is authorized to be appropriated $150,000,000 for payment of compensation,',
'notwithstanding any other provision of law, to any individual who page 134 stat. 3296 a has been awarded a judgment',
'in any of the cases set forth in section c of the annex to the claims agreement; and b is',
'i a united states employee or contractor injured in connection with the bombings of the united states embassies located in',
'nairobi, kenya, and dar es salaam, tanzania, who became a united states citizen after august 7, 1998, and before the',
'date of the enactment of this act; ii a family member i of a united states employee or contractor injured',
'in connection with the bombings of the united states embassies located in nairobi, kenya, and dar es salaam, tanzania; and',
'ii who is a united states citizen as of the date of the enactment of this act; or iii a',
'family member i of a foreign national united states employee or contractor killed during those bombings; and ii who is',
'a united states citizen as of the date of the enactment of this act. 2 payments. with the requirement of',
'achieving parity in compensation between individuals who became united states citizens after august 7, 1998, and individuals who were united',
'states citizens on or before august 7, 1998, payment of compensation under paragraph 1 to a an individual described in',
'paragraph 1 b i shall be based on the same standards used to determine the compensation for an employee or',
'contractor injured in connection with the bombings described in that paragraph who was a united states citizen on or before',
'august 7, 1998; b an individual described in paragraph 1 b ii shall be on an equal basis to compensation',
'provided to a family member of an individual described in subparagraph a ; and c an individual described in paragraph',
'1 b iii shall be on an equal, or, where applicable, a pro rata basis to compensation provided to a',
'family member of a united states employee or contractor who was a united states citizen killed during such bombings. b',
'distribution and requirements. 1 distribution. the secretary shall distribute payments from funds made available to carry out subsection a 1',
'to individuals described in that subsection. 2 authorization letter. not later than december 31, 2021, the secretary shall send a',
'letter to each individual who will receive payment under paragraph 1 informing the individual of the amount of compensation the',
'individual will receive pending the execution of any writings under paragraph 3 , and the standards used to determine compensation',
'under subsection a 2 , taking into account the individuals final judgment amount. 3 requirement before distribution. before making a',
'payment to an individual under paragraph 1 , and after page 134 stat. 3297 the delivery of the authorization letter',
'under paragraph 2 , the secretary shall require the individual to execute a writing that includes a waiver and release',
'of all the individuals rights to assert claims for compensatory or other relief in any form or to enforce any',
'judgment against sudan in connection with, and any claims against the united states related to, any claim, suit, or action',
'specified in article ii of the claims agreement. c foreign nationals. notwithstanding any other provision of law or the claims',
'agreement 1 individuals described in subsection a 1 are not eligible to receive any compensation as provided by sudan pursuant',
'to article iii of the claims agreement; and 2 the funds provided by sudan for distribution of compensation to such',
'individuals pursuant to the annex of the claims agreement shall be redistributed a among all other individuals eligible for compensation',
'under section c of the annex to the claims agreement consistent with the principles set out in that annex; or',
'b if sudan and the foreign nationals eligible for compensation reach a private settlement, then pursuant to the terms of',
'that settlement. d department of state reporting requirements. 1 initial report. not later than 90 days after the date of',
'the enactment of this act, the secretary shall submit to the appropriate congressional committees a report that includes a detailed',
'description of the plan of the department of state for the distribution of payments to each category of individual described',
'in subsection a 1 , including how the department is arriving at compensation levels for each individual and the amount',
'of compensation each such individual will receive from funds made available to carry out that subsection. 2 updated report. not',
'later than december 31, 2021, the secretary shall submit to the appropriate congressional committees a report describing a whether the',
'distribution plan described in paragraph 1 was carried out; and b whether compensation levels were provided as described in the',
'report required by paragraph 1 . e comptroller general report. not later than december 31, 2022, the comptroller general of',
'the united states shall submit to the appropriate congressional committees a report assessing the implementation of this section by the',
'department of state, including whether 1 all distributions were made in accordance with the requirements of subsections a , b',
', and c ; and 2 all individuals described in subsection a 1 received compensation from amounts made available to',
'carry out that subsection in the manner described in subsection a 2 . sec. 1708. treaty and executive agreement practice.',
'a findings. congress makes the following findings: 1 congress and the executive branch share responsibility for the foreign relations of',
'the united states pursuant to article i and article ii of the constitution of the united states. 2 all legislative',
'powers of the federal government, including on matters of foreign relations, are vested in the page 134 stat. 3298 congress',
'of the united states pursuant to section 1 of article i of the constitution. 3 the executive branch may not',
'direct congress to take any action, nor may it convey any legislative or other power assigned to congress under the',
'constitution to any entity, domestic or foreign. 4 the original escrow release conditions agreement prescribed specific legislative text and purported',
'both to require enactment of such text and provide a veto to sudan over exceptions to that text. 5 congress',
'rejected the approach described in paragraph 4 . 6 the executive branch and sudan subsequently amended the escrow release conditions',
'agreement to eliminate the specific legislative text as well as the purported requirement for enactment and the purported veto over',
'exceptions to that text. b amendment to case zablocki act. section 112b of title 1, united states code, is amended',
'by adding at the end the following: g it is the sense of congress that the executive branch should not',
'prescribe or otherwise commit to or include specific legislative text in a treaty or executive agreement unless congress has authorized',
'such action.. title xviii theodore note: theodore roosevelt presidential library conveyance act of 2020. north dakota. roosevelt presidential library conveyance',
'act of 2020 sec. 1801. short title. this title may be cited as the theodore roosevelt presidential library conveyance act',
'of 2020. sec. 1802. definitions. in this act: 1 map. the term map means the map entitled project number p08122',
'2016 009, depicting a 93 acre site in sections 21 and 28, t. 140 n., r. 102 w., billings county,',
'north dakota, and dated december 8, 2020. 2 presidential library. the term presidential library means the theodore roosevelt presidential library',
'foundation, a north dakota nonprofit corporation. 3 secretary. the term secretary means the secretary of agriculture, acting through the chief',
'of the forest service. sec. 1803. conveyance of certain national forest system land to the presidential library. a note: deadline.',
'conveyance. subject to this section, if the presidential library submits to the secretary not later than 1 year after the',
'date of enactment of this act a written request for the conveyance of the approximately 93 acres of national forest',
'system land, as generally depicted on the map, the secretary shall, on the earliest date practicable, convey to the presidential',
'library by quitclaim deed all right, title, and interest of the united states in and to that land. page 134',
'stat. 3299 b note: payment. determination. consideration. as consideration for the conveyance of land under subsection a , the presidential',
'library shall pay to the secretary an amount equal to the market value of the land, as determined by the',
'appraisal conducted under subsection d . c terms and conditions. the conveyance under subsection a shall be subject to 1',
'valid existing rights; 2 the reservation of easements, as depicted on the map, for public use on a the maah',
'dah hey national trail; and b forest service road 7471 and the unnumbered forest service road; and 3 any other',
'terms and conditions that the secretary considers appropriate to protect the interests of the united states. d appraisal. the secretary',
'shall conduct an appraisal of the land to be conveyed under subsection a in accordance with 1 the uniform appraisal',
'standards for federal land acquisitions; 2 the uniform standards of professional appraisal practice; and 3 any other applicable law including',
'regulations . e costs of conveyance. as a condition for the conveyance under subsection a , and in addition to',
'the consideration paid under subsection b , the presidential library shall pay all costs associated with the conveyance, including 1',
'the survey to federal standards described in subsection f ; and 2 the appraisal conducted under subsection d . f',
'note: determination. survey. the exact acreage and legal description of the land to be conveyed under subsection a shall be',
'determined by a survey satisfactory to the secretary. g deposit and use of proceeds. all funds received under subsection b',
'shall be 1 deposited in the fund established by public law 90 171 commonly known as the sisk act 16',
'u.s.c. 484a ; and 2 available to the secretary, until expended, for the acquisition of land or interests in land',
'for inclusion in the national forest system in the state of north dakota. title xix united note: united states mexico',
'economic partnership act. states mexico economic partnership act sec. 1901. short title. this title may be cited as the united',
'states mexico economic partnership act. sec. 1902. findings. congress finds the following: 1 the united states and mexico have benefitted',
'from a bilateral, mutually beneficial partnership focused on advancing the economic interests of both countries. 2 in 2013, mexico adopted',
'major energy reforms that opened its energy sector to private investment, increasing energy cooperation between mexico and the united states',
'and opening new opportunities for united states energy engagement. page 134 stat. 3300 3 on january 18, 2018, the principal',
'deputy assistant secretary for educational and cultural affairs at the department of state stated, our exchange programs build enduring relationships',
'and networks to advance u.s. national interests and foreign policy goals . . . the role of our exchanges .',
'. . in advancing u.s. national security and economic interests enjoys broad bipartisan support from congress and other stakeholders, and',
'provides a strong return on investment.. 4 according to the institute of international education, in the 2015 2016 academic year,',
'more than 56,000 united states students studied in other countries in the western hemisphere region while more than 84,000 non',
'united states students from the region studied in the united states, but only 5,000 of those united states students studied',
'in mexico and only 16,000 of those non united states students were from mexico. sec. 1903. statement of policy. it',
'is the policy of the united states 1 to continue deepening economic cooperation between the united states and mexico; 2',
'to seek to prioritize and expand educational and professional exchange programs with mexico, including through frameworks such as the 100,000',
'strong in the americas initiative, the young leaders of the americas initiative, jovenes en accion youth in action , the',
'fulbright foreign student program, and the fulbright visiting scholar program; and 3 to promote positive cross border relations as a',
'priority for advancing united states foreign policy and programs. sec. 1904. strategy to prioritize and expand educational and professional exchange',
'programs with mexico. a in general. the secretary of state shall develop a strategy to carry out the policy described',
'in section 1903, to include prioritizing and expanding educational and professional exchange programs with mexico through frameworks such as those',
'referred to in section 1903 2 . b elements. the strategy required under subsection a shall 1 encourage more academic',
'exchanges between the united states and mexico at the secondary, post secondary, and post graduate levels; 2 encourage united states',
'and mexican academic institutions and businesses to collaborate to assist prospective and developing entrepreneurs in strengthening their business skills and',
'promoting cooperation and joint business initiatives across the united states and mexico; 3 promote energy infrastructure coordination and cooperation through',
'support of vocational level education, internships, and exchanges between the united states and mexico; and 4 note: assessment. assess the',
'feasibility of fostering partnerships between universities in the united states and medical school and nursing programs in mexico to ensure',
'that medical school and nursing programs in mexico have comparable accreditation standards as medical school and nursing programs in the',
'united states by the accreditation and standards in foreign medical education, in addition to the accreditation commission for education in',
'nursing, so that medical students can pass page 134 stat. 3301 medical licensing board exams, and nursing students can pass',
'nursing licensing exams, in the united states. c note: deadline. briefing. not later than 180 days after the date of',
'the enactment of this act, the secretary of state shall brief the appropriate congressional committees regarding the strategy required under',
'subsection a . sec. 1905. definitions. in this act, the term appropriate congressional committees means 1 the committee on foreign',
'relations of the senate; and 2 the committee on foreign affairs of the house of representatives. sec. 1906. sunset provision.',
'this act shall remain in effect until december 31, 2023. title xx port surveillance sec. 2001. note: 15 usc 2066',
'note. port surveillance. a cpsc surveillance personnel during the covid 19 pandemic. for the duration of a public health emergency',
'declared pursuant to section 319 of the public health service act 42 u.s.c. 247d as a result of confirmed cases',
'of 2019 novel coronavirus covid 19 , including any renewal thereof, the commission shall ensure, to the maximum extent feasible,',
'that investigators are stationed at ports of entry to protect the public against unreasonable risk of injury from consumer products,',
'with the goal of covering no fewer than 90 percent of all consumer products entering the united states that are',
'risk scored in the risk assessment methodology system. note: consultation. the commission shall consult with united states customs and border',
'protection, and other relevant agencies, including health and safety agencies, on methods to safely staff ports during the pandemic. b',
'additional cpsc surveillance personnel at key ports of entry. the commission shall hire, train, and assign not fewer than 16',
'additional full time equivalent personnel to be stationed at or supporting efforts at ports of entry, including ports of entry',
'for de minimis shipments, for the purpose of identifying, assessing, and addressing shipments of violative consumer products. such hiring shall',
'continue during each fiscal year until the total number of full time equivalent personnel equals and sustains the staffing requirements',
'identified in the report to congress required under subsection c 2 f . c report to congress. 1 note: public',
'information. study. assessment. in general. not later than 180 days after the date of enactment of this section, the commission',
'shall transmit to congress, and make publicly available, a study and report assessing the risk to consumers associated with the',
'reduction in commission port inspection activity during the covid 19 pandemic and the targeting and screening of de minimis shipments.',
'2 report requirements. in the study and report, the commission shall a identify page 134 stat. 3302 i the risks',
'associated with the reduction in commission port inspection activity during the covid 19 pandemic; ii the extent to which the',
'reduction in port inspection activity is linked to inadequate commission resources or due to shortages of trained commission staff due',
'to the covid 19 pandemic; and iii the steps the commission has taken and plans to take to mitigate those',
'risks, such as recalls, inspections of product inventory, consumer warnings, and other appropriate measures; b note: examination. examine a sampling',
'of de minimis shipments at a sufficient and representative sample of all types of ports of entry where de minimis',
'shipments are processed, including express consignment carrier facilities, international mail facilities, and air cargo facilities to assess the extent to',
'which such shipments include violative consumer products; c note: examination. examine a sampling of shipments coming from countries identified as',
'high risk for exporting violative consumer products to identify trends associated with the shipment of products containing both intellectual property',
'rights infringements and consumer product safety violations; d detail plans and timelines to effectively address targeting and screening of de',
'minimis shipments to prevent the entry of violative consumer products entering into the commerce of the united states taking into',
'consideration projected growth in e commerce; e establish metrics by which to evaluate the effectiveness of the commission efforts to',
'reduce the number of de minimis shipments containing violative consumer products from entering into the commerce of the united states;',
'and f note: assessment. assess projected technology and resources, including staffing requirements necessary to implement such plans based on available',
'and needed commission resources. d definitions. in this section 1 the term commission means the consumer product safety commission; 2',
'the term de minimis shipments means articles containing consumer products entering the united states under the de minimis value exemption',
'in 19 u.s.c. 1321 a 2 c ; 3 the term ports of entry for de minimis shipments means environments',
'where de minimis shipments are processed, including express consignment carrier facilities, international mail facilities, and air cargo facilities; and 4',
'the term violative consumer products means consumer products in violation of an applicable consumer product safety rule under the consumer',
'product safety act or any similar rule, regulation, standard, or ban under any other act enforced by the commission. e',
'savings clause. nothing in this section shall be construed to limit, affect, or conflict with any other authority of the',
'commission or any other statutory requirements governing the commission. page 134 stat. 3303 title xxi covid 19 note: covid 19',
'regulatory relief and work from home safety act. regulatory relief and work from home safety act sec. 2101. note: 15',
'usc 1191 note. covid 19 regulatory relief and work from home safety act. a short title. this title may be',
'cited as the covid 19 regulatory relief and work from home safety act. b definitions. in this act 1 the',
'term bedding product means a an item that is used for sleeping or sleep related purposes; or b any component',
'or accessory with respect to an item described in subparagraph a , without regard to whether the component or accessory,',
'as applicable, is used i alone; or ii along with, or contained within, that item; 2 the term california standard',
'means the standard set forth by the bureau of electronic and appliance repair, home furnishings and thermal insulation of the',
'department of consumer affairs of the state of california in technical bulletin 117 2013, entitled requirements, test procedure and apparatus',
'for testing the smolder resistance of materials used in upholstered furniture, originally published june 2013, as in effect on the',
'date of enactment of this act; 3 the terms foundation and mattress have the meanings given those terms in section',
'1633.2 of title 16, code of federal regulations, as in effect on the date of enactment of this act; and',
'4 the term upholstered furniture a means an article of seating furniture that i is intended for indoor use; ii',
'is movable or stationary; iii is constructed with an upholstered seat, back, or arm; iv is i made or sold',
'with a cushion or pillow, without regard to whether that cushion or pillow, as applicable, is attached or detached with',
'respect to the article of furniture; or ii stuffed or filled, or able to be stuffed or filled, in whole',
'or in part, with any material, including a substance or material that is hidden or concealed by fabric or another',
'covering, including a cushion or pillow belonging to, or forming a part of, the article of furniture; and v together',
'with the structural units of the article of furniture, any filling material, and the container and covering with respect to',
'those structural units and that filling material, can be used as a support for the body of an individual, or',
'the limbs and feet of an individual, when the individual sits in an upright or reclining position; page 134 stat.',
'3304 b includes an article of furniture that is intended for use by a child; and c does not include',
'i a mattress; ii a foundation; iii any bedding product; or iv furniture that is used exclusively for the purpose',
'of physical fitness and exercise. c adoption of standard. 1 note: effective date. time period. regulations. in general. beginning on',
'the date that is 180 days after the date of enactment of this act, and except as provided in paragraph',
'2 , the california standard shall be considered to be a flammability standard promulgated by the consumer product safety commission',
'under section 4 of the flammable fabrics act 15 u.s.c. 1193 . 2 note: applicability. testing and certification. a fabric,',
'related material, or product to which the california standard applies as a result of paragraph 1 shall not be subject',
'to section 14 a of the consumer product safety act 15 u.s.c. 2063 a with respect to that standard. 3',
'note: compliance. certification label. each manufacturer of a product that is subject to the california standard as a result of',
'paragraph 1 shall include the statement complies with u.s. cpsc requirements for upholstered furniture flammability on a permanent label located',
'on the product, which shall be considered to be a certification that the product complies with that standard. d preemption.',
'1 in general. notwithstanding section 16 of the flammable fabrics act 15 u.s.c. 1203 and section 231 of the consumer',
'product safety improvement act of 2008 15 u.s.c. 2051 note , and except as provided in subparagraphs b and c',
'of paragraph 2 , no state or any political subdivision of a state may establish or continue in effect any',
'provision of a flammability law, regulation, code, standard, or requirement that is designed to protect against the risk of occurrence',
'of fire, or to slow or prevent the spread of fire, with respect to upholstered furniture. 2 preservation of certain',
'state law. nothing in this act or the flammable fabrics act 15 u.s.c. 1191 et seq. may be construed to',
'preempt or otherwise affect a any state or local law, regulation, code, standard, or requirement that i concerns health risks',
'associated with upholstered furniture; and ii is not designed to protect against the risk of occurrence of fire, or to',
'slow or prevent the spread of fire, with respect to upholstered furniture; page 134 stat. 3305 b sections 1374 through',
'1374.3 of title 4, california code of regulations except for subsections b and c of section 1374 of that title',
', as in effect on the date of enactment of this act; or c the california standard. approved december 27,',
'2020. legislative history h.r. 133: congressional record: vol. 165 2019 : jan. 10, considered and passed house. vol. 166 2020',
': jan. 15, considered and passed senate, amended. dec. 21, house concurred in senate amendment with an amendment. senate concurred',
'in house amendment. all',