117 S2950 IS: Fostering Overseas Rule of law and Environmentally Sound Trade Act of 2021
U.S. Senate
2021-10-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
117th CONGRESS1st Session
S. 2950
IN THE SENATE OF THE UNITED STATES

October 6, 2021
Mr. Schatz (for himself, Mr. Murphy, Mr. Whitehouse, Mr. Heinrich, Mr. Booker, Mr. Merkley, Mr. Coons, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL
To combat illegal deforestation by prohibiting the importation of products made wholly or in part of certain commodities produced on land undergoing illegal deforestation, and for other purposes.

1.Short titleThis Act may be cited as the Fostering Overseas Rule of law and Environmentally Sound Trade Act of 2021 or the FOREST Act of 2021. 2.Findings; sense of Congress (a)FindingsCongress makes the following findings:
(1)According to the Food and Agriculture Organization of the United Nations, 31 percent of land on earth is covered in forests, but that area is rapidly decreasing. An estimated 1,600,000 square miles of forest has been converted to other land uses since 1990, with 42,500 square miles converted annually since 2010. Since the early 2000s, 2/3 of global forest cover loss has occurred in the tropics and subtropics. (2)The expansion of commercial agriculture into tropical forests is the largest driver of forest conversion, led by cattle ranching and the cultivation of soy and palm oil. An estimated 69 percent of such conversion between 2013 and 2019 was carried out in contravention of the laws of the country in which the conversion occurred.
(3)Such illegal deforestation results in the emission of more than 2.7 gigatons of carbon dioxide equivalent per year, more than the entire annual fossil fuel emissions of India in 2018. (4)Limiting global temperatures below 1.5 degrees Celsius above preindustrialized levels requires rapid and significant reductions in deforestation globally. Cost-effective greenhouse gas emission mitigation from forests and land use can provide roughly 1/3 of the mitigation required by 2030 to stay below 2 degrees Celsius.
(5)Forests contain most of the world’s terrestrial biodiversity, providing habitats for 80 percent of amphibian species, 75 percent of bird species, 68 percent of mammal species, and 60,000 different species of trees. (6)Forests are also an important source of livelihoods, food, and fuel, with more than 1,600,000,000 people depending directly on forests for their livelihoods.
(7)The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found in 2019 that the rate of global species extinction is accelerating and is now tens to hundreds of times higher than the average rate over the last 10,000,000 years, threatening the loss of 1,000,000 species, and land-use change is the direct driver with the largest relative impact on terrestrial ecosystems. (8)Deforestation in many countries is closely associated with violations of the rights of indigenous peoples and local communities and with the exploitation of workers, including through the use forced labor and child labor, and in many cases is enabled by corruption, criminality, and violence against individuals defending their land rights and environment.
(9)According to the United Nations High Commissioner for Human Rights, individuals defending the rights of communities and indigenous peoples to their traditional lands and environment are particularly vulnerable to threats and violence and accounted for roughly half of the killings of human rights defenders documented in 2019. (10)Congress has taken a number of steps to address the trade in illegal timber to protect legitimate forestry businesses and reduce illegal logging globally, such as, in section 8204 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2052), amending the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) to prohibit the importation of illegal plant products, including such products made from illegally logged wood.
(11)As with illegal timber, agricultural commodities produced on illegally deforested land enter international markets, including the United States, and compete with commodities produced legally. (12)The United States is a significant market for products made wholly or in part of commodities such as palm oil, cattle, cocoa, and rubber at risk of being produced on illegally deforested land. For example, in 2020, the United States imported—
(A)processed cowhides and beef products valued at more than $500,000,000 from Brazil, where cattle ranching is the largest driver of deforestation in the Amazon forest and other biomes, and an estimated 95 percent of all deforestation was not in full compliance with applicable laws; and (B)crude palm oil and palm kernel oil valued at more than $880,000,000 and oleochemicals commonly derived from palm oils valued at more than $390,000,000, from Indonesia, where the expansion of palm oil plantations is the largest driver of deforestation, and government audits of the sector in recent years have indicated widespread noncompliance with applicable laws.
(13)The lack of traceability in the supply chains for such commodities and the absence of importer due diligence requirements increases the risk that United States trade is associated with illegal deforestation and human rights abuses, preventing United States consumers from knowing where or how the goods they purchase were produced and putting companies that ensure legal sourcing at a competitive disadvantage. (b)Sense of CongressIt is the sense of Congress that the United States must do more to address illegal deforestation from agricultural commodities, including—
(1)avoiding trade that incentivizes foreign governments to allow illegal deforestation; (2)assisting foreign governments in eliminating illegal deforestation and limiting all deforestation to the extent practicable;
(3)requiring that goods entering the United States market be subject to requirements, including the necessary supply chain traceability, to reduce the risk of association with illegal deforestation; (4)preventing the United States financial system from being used to launder proceeds from illegal deforestation; and
(5)providing incentives to suppliers of the Federal Government to adopt and implement policies to eliminate goods produced on or from deforested land from their supply chains.  3.Prohibition on importation of commodities produced on illegally deforested land and products made from such commodities (a)In generalThe Tariff Act of 1930 is amended by inserting after section 527 (19 U.S.C. 1527) the following:

527A.Prohibition on importation of products made wholly or in part of commodities produced on illegally deforested land
(a)In generalIt shall be unlawful for any person to import any product made wholly or in part of a covered commodity produced from land that undergoes illegal deforestation on or after the date of the enactment of the FOREST Act of 2021. (b)Import declarations (1)In generalOn and after the date that is one year after the date of the enactment of the FOREST Act of 2021, and subject to paragraph (2), a person may not import a covered product unless the person files upon entry a declaration stating that the person has exercised reasonable care to assess and mitigate the risks that any covered commodity used to make the covered product was produced from land subject to illegal deforestation on or after such date of enactment.
(2)Covered commodities from countries under an action planOn and after the date that is one year after an action plan applicable to a foreign country is finalized under subsection (d)(2), a person may not import a covered product containing any covered commodity produced in the country and identified in the action plan unless the person files upon entry a declaration that includes sufficient information to show—  (A) (i)the supply chain and the point of origin of the covered commodity; and
(ii)steps taken to assess and mitigate the risks that the point of origin was subject to illegal deforestation on or after the date of the enactment of the FOREST Act of 2021; or (B) (i)all possible points of origin that could have contributed to the supply chain of the covered commodity, if mixing or points of aggregation exist within the supply chain; and
(ii)steps taken to assess and mitigate the risks that any possible points of origin were subject to illegal deforestation on or after such date of enactment. (3)Treatment of products subject to multiple import declaration requirementsIn the case of a product for which an import declaration is required by this subsection and section 3(f) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)), U.S. Customs and Border Protection and the Animal and Plant Health Inspection Service shall coordinate to limit the administrative burden, to the extent practicable, for importers.
(4)GuidanceNot later than 90 days after the date of the FOREST Act of 2021, and as appropriate thereafter, the Commissioner of U.S. Customs and Border Protection (in this section referred to as the Commissioner)— (A)shall publish guidance on what constitutes reasonable care under paragraph (1) and sufficient information under paragraph (2), which may include guidance with respect to specific commodities, as appropriate; and
(B)may, as appropriate, issue guidance about the potential role of third-party certifications assisting importers with meeting the requirements of this section.  (c)Lists of covered commodities and covered products (1)Initial listsNot later than 30 days after the date of the enactment of the FOREST Act of 2021, the United States Trade Representative (in this section referred to as the Trade Representative) shall publish the following:
(A)An initial list made up of the following commodities (in this section referred to as covered commodities):  (i)Palm oil.
(ii)Soybeans.  (iii)Cocoa.
(iv)Cattle.  (v)Rubber.
(vi)Wood pulp. (B)An initial list made up of the following products made wholly or in part of a covered commodity (in this section referred to as covered products):
(i)Palm oil or palm oil products classifiable under any of the following headings or subheadings of the HTS:    15112905.17.003823.11.00 1513.21.002905.45.003823.12.00 1513.29.002915.70.013823.19 2306.60.002915.903823.70. (ii)Soybeans or soybean products classifiable under heading 1201 or 1507 or subheading 2304.00.00 of the HTS.
(iii)Cocoa or cocoa products classifiable under heading 1803 or 1806 or subheading 1801.00.00, 1802.00.00, 1804.00.00, or 1805.00.00 of the HTS. (iv)Cattle or cattle products classifiable under any of the following headings or subheadings of the HTS:

02010206.21.001602.50
02020206.22.004104
0206.10.000206.29.004107.
(v)Rubber or rubber products classifiable under heading 4001 or 4011 of the HTS. (vi)Pulp or pulp products classifiable under any of the following headings or subheadings of the HTS:

470348044818
4801.00.0148054819
480248104820
4803.0048114823.
(2)Reviews and updates
(A)In generalNot less frequently than annually, the Trade Representative shall—  (i)review the list of covered commodities published under subparagraph (A) of paragraph (1) and the list of covered products published under subparagraph (B) of that paragraph to assess whether covered commodities or covered products, as the case may be, should be added to or removed from the lists to ensure that the scope of the lists is sufficient to increasingly deter illegal deforestation and to ensure that no material amount of a commodity produced from illegally deforested land enters the United States; and
(ii)publish updated lists based on that review. (B)Effect on import declarationsAny addition under subparagraph (A) to the list of covered products under paragraph (1)(B) shall be subject to the declaration requirement under subsection (b) on and after the date that is one year after the updated list including the addition is published.
(3)Solicitation of inputIn updating the lists under paragraph (1) as required by paragraph (2), the Trade Representative shall— (A)consult with the Secretary of State and the Administrator of the United States Agency for International Development; and
(B)coordinate and solicit relevant information from— (i)the interagency working group established under subsection (f);
(ii)the advisory committee established under subsection (g); (iii)other Federal, State, and local agencies in the United States; and
(iv)the public. (d)Action plans for countries without adequate and effective protection against illegal deforestation (1)Identification of countries (A)In generalNot later than 180 days after the date of the enactment of the FOREST Act of 2021, the Trade Representative shall—
(i)identify foreign countries without adequate and effective protection against illegal deforestation caused by the production of commodities likely to enter the United States; and (ii) make available to the public—
(I)a list of the countries identified under clause (i); and (II)data and analysis related to the considerations described in subparagraph (B).
(B)ConsiderationsIn identifying a foreign country under subparagraph (A), the Trade Representative shall consider— (i)trends of deforestation and illegal deforestation in that country;
(ii)policies and practices of the government of the country that deny adequate and effective enforcement against illegal deforestation; (iii)trends in the capacity and effectiveness of enforcement against illegal deforestation by the country; and
(iv)the incidence of violence against, and other violations of the rights of, indigenous peoples, local residents, and environmental and human rights defenders in the country in connection with illegal deforestation. (C)ReassessmentNot less frequently than every 2 years, the Trade Representative shall assess whether additional foreign countries should be identified under subparagraph (A).
(2)Action plans
(A)In generalNot later than 3 years after the date of the enactment of the FOREST Act of 2021, the Trade Representative shall finalize an action plan with respect to each foreign country identified under paragraph (1).  (B)FinalityAn action plan developed under subparagraph (A) shall be considered final for the purposes of subsection (b)(2) on the date on which the action plan is posted on a publicly accessible internet website of the Office of the United States Trade Representative.
(C)Involvement of foreign country and publicThe Trade Representative shall— (i)seek to involve each foreign country for which the Trade Representative develops an action plan under subparagraph (A) in the development of the action plan for that foreign country; and
(ii)release a draft of each action plan for public review and comment before finalizing the action plan. (D)Goals of action plansThe Trade Representative shall design an action plan developed under subparagraph (A) with respect to a foreign country to achieve—
(i)new laws, rules, enforcement procedures, or agreements to ensure that illegal deforestation is no longer occurring in the country; (ii)sufficient capacity to enforce relevant laws;
(iii)processes to remedy or adjudicate previous illegal deforestation activities; (iv)comprehensive monitoring and data sharing related to deforestation and potential impacts to other ecosystems;
(v)transparency and accessibility of information with respect to land tenure and land-use decisions;  (vi)traceability, transparency, and data sharing for commodity supply chains; and
(vii)in the case of a country that is a party to the decision of the 21st Conference of Parties of the United Nations Framework Convention on Climate Change adopted in Paris December 12, 2015 (commonly known as the Paris Agreement), the incorporation of— (I)forest protection into the country’s nationally determined contribution under the Paris Agreement; and
(II)deforestation into the country’s greenhouse gas reporting as required by the Paris Agreement.  (E)Benchmarks (i)In generalThe Trade Representative shall include in each action plan developed under subparagraph (A) intermediate and final benchmarks described in clause (ii) and a timeline for achieving those benchmarks.
(ii)Benchmarks describedBenchmarks described in this clause may be such legislative, institutional, enforcement, or other actions as the Trade Representative determines to be necessary to demonstrate that the foreign country has achieved the goals described in subparagraph (D). (F)Identification of covered commoditiesThe Trade Representative shall identify in the action plan developed under subparagraph (A) with respect to a foreign country the specific covered commodities at risk of being produced on illegally deforested land in that country that shall be subject to the declaration requirement under subsection (b)(2).
(3)Presidential action authorizedOn and after the date on which an action plan released to the public under paragraph (2)(A) with respect to a foreign country has been in place for one year, if the President determines that the country has not substantially complied with the benchmarks in the action plan, the President may take appropriate action with respect to the country. (4)Petitions for determination of compliance (A)In generalA foreign country to which an action plan developed under paragraph (2)(A) applies may petition the Trade Representative to determine that the country has achieved all benchmarks in the action plan.
(B)Determination of adequacy and effectiveness of protection
(i)In generalIf the Trade Representative determines under subparagraph (A) that a foreign country to which an action plan developed under paragraph (2)(A) applies has achieved all benchmarks in the action plan, the Trade Representative shall determine whether that country, after achieving those benchmarks, provides adequate and effective protection against illegal deforestation. (ii)Countries that fail to provide adequate and effective protection against illegal deforestationIf the Trade Representative determines under clause (i) that a foreign country described in that clause continues to fail to provide adequate and effective protection against illegal deforestation, the Trade Representative shall develop a new action plan under paragraph (2)(A) with respect to the country.
(iii)Countries that provide adequate and effective protection against illegal deforestationIf the Trade Representative determines under clause (i) that a foreign country described in that clause provides adequate and effective protection against illegal deforestation, the action plan developed under paragraph (2)(A) with respect to the country shall terminate. (5)ConsultationsIn identifying foreign countries under paragraph (1), developing action plans under paragraph (2), and making determinations under paragraph (4), the Trade Representative shall—
(A)consult with the Secretary of State and the Administrator of the United States Agency for International Development; and  (B)coordinate and solicit relevant information from—
(i)the interagency working group established under subsection (f); (ii)the advisory committee established under subsection (g);
(iii)relevant committees of Congress; (iv)other Federal, State, or local agencies in the United States;
(v)civil society, indigenous peoples, and local communities in countries that produce covered commodities and covered products; and (vi)the public.
(e)Enforcement
(1)Administration
(A)In generalThe provisions of this section and any regulations issued under this section shall be enforced, as appropriate, by the Commissioner, the Secretary of Agriculture, the Secretary of the Interior, and the Attorney General. (B)AuditsThe Administrator of the Animal and Plant Health Inspection Service, in collaboration with the heads of other Federal agencies, shall conduct random audits of importers filing declarations under subsection (b)(1) to ensure such importers are retaining the supporting documentation demonstrating reasonable care was exercised as required by that subsection.
(C)AgreementsAn official specified in subparagraph (A) may enter into an agreement with any other Federal agency or any State agency or Indian Tribe under which that official may use, with or without reimbursement, the personnel, services, and facilities of the agency or Indian Tribe for the enforcement of this section and regulations issued under this section. (D)Availability of informationNot later than one year after the date of the enactment of the FOREST Act of 2021, the Commissioner shall develop a process to make information filed with a declaration required by subsection (b)(2) (other than information considered to be confidential business information) available to the public.
(2)Coordination of enforcementThe Commissioner shall share declarations filed under subsection (b) and other information received by U.S. Customs and Border Protection with the Trade Representative, the Secretary of Agriculture, the Secretary of the Interior, the Attorney General, and the heads of other Federal agencies as needed to ensure effective enforcement of this section. (3)Information from outside sourcesNot later than 180 days after the date of the enactment of the FOREST Act of 2021, the Commissioner shall establish a process for receiving information from persons outside U.S. Customs and Border Protection indicating that a covered commodity may be being imported in violation of this section.
(4)Report requiredNot later than 2 years after the date of the enactment of the FOREST Act of 2021, and annually thereafter, the Commissioner, with input from the heads of relevant Federal agencies, shall submit to Congress a report on the enforcement of this section that includes, for the year preceding submission of the report— (A)the number of audits conducted by Federal agencies of importers of record to detect potential violations of this section;
(B)the number of instances in which information was submitted to the Commissioner under paragraph (3); (C)the number of investigations initiated into possible violations of this section;
(D)the number of such investigations initiated based on information submitted to the Commissioner under paragraph (3); (E)the results of cases adjudicated following such an investigation;
(F)the number of such investigations pending as of the date of the report; and (G)an explanation of how information submitted to the Commissioner under paragraph (3) was used to prioritize audits and other checks.
(f)Interagency working group
(1)In generalThere is established an interagency working group to provide advice and recommendations to the Trade Representative, the Commissioner, and the heads of other relevant Federal agencies on the implementation of this section. (2)MembershipThe interagency working group established under paragraph (1) shall be composed of representatives of—
(A)the Department of State; (B)the Department of Agriculture;
(C)U.S. Customs and Border Protection; (D)the Office of the United States Trade Representative;
(E)the United States Agency for International Development; (F)the Department of the Interior;
(G)the Department of Justice; and (H)such other Federal agencies as the Trade Representative considers appropriate.
(3)ChairpersonThe representative of the Office of the United States Trade Representative shall serve as the chairperson of the interagency working group established under paragraph (1). (g)Advisory committee (1)In generalThe Trade Representative shall establish an advisory committee to provide advice and recommendations to the Trade Representative and the heads of other relevant Federal agencies on the implementation of this section.
(2)MembershipThe advisory committee established under paragraph (1) shall be made up of 12 individuals— (A)5 of whom shall be representatives of institutions of higher education or nongovernmental organizations with expertise relevant to international deforestation, associated human rights abuses, or trade;
(B)5 of whom shall be representatives of industry; and (C)2 of whom shall be representatives of labor organizations.
(h)DefinitionsIn this section: (1)DeforestationThe term deforestation means a loss of natural forest resulting from the whole or partial conversion of natural forest to—
(A)agricultural use or another non-forest land use; or (B)a tree plantation.
(2)HTSThe term HTS means the Harmonized Tariff Schedule of the United States. (3)Illegal deforestationThe term illegal deforestation means deforestation conducted in violation of the law (or any action that has the force and effect of law) of the country in which the deforestation is occurring, including—
(A)anti-corruption laws;  (B)laws relating to land tenure rights; and
(C)laws relating to the free, prior, and informed consent of indigenous peoples and local communities. (4)Indian tribeThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(5)Natural forestThe term natural forest means a natural arboreal ecosystem that— (A)has a species composition a significant percentage of which is native species; and
(B)includes— (i)a native tree canopy cover of more than 10 percent over an area of not less 0.5 hectares; or
(ii)other wooded land with a combined cover of shrubs, bushes, and trees of more than 10 percent over an area of not less than 0.5 hectares.  (6)Point of origin (A)In generalThe term point of origin, with respect to a covered commodity, means the geographical location, identified by the smallest administrative unit of land possible (such as a concession, farm, ranch, property, or other type of public or private land allocation), where the covered commodity was produced.
(B)Application to livestockIn the case of livestock, the term point of origin includes all geographic locations where that animal existed from birth to slaughter. (7)Produce (A)In generalExcept as provided by subparagraph (B), the term produce means growing, harvesting, rearing, collecting, extracting, or otherwise producing a commodity.
(B)ExclusionThe term produce does not include refining or manufacturing. (8)Supply chainThe term supply chain means the end-to-end process for getting commodities or products to the United States, beginning at the point of origin and including all points until entry into the United States, including refiners, manufacturers, suppliers, distributors, or vendors.
(9)Wholly or in part
(A)In generalThe term wholly or in part shall have the meaning given that term in regulations.  (B)RegulationsRegulations prescribed under subsection (b) of the FOREST Act of 2021 shall define the term wholly or in part in a manner designed to limit the administrative burden on the importer of record while deterring illegal deforestation..
(b)RegulationsNot later than one year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection and the United States Trade Representative shall publish final regulations for implementing section 527A of the Tariff Act of 1930, as added by subsection (a).  4.Foreign assistance for countries committed to eliminating deforestation (a)Statement of policyIt is the policy of the United States to assist foreign governments in eliminating illegal deforestation and to limit all deforestation to the extent practicable.
(b)Establishment of fund
(1)In generalThere is established in the Treasury of the United States a fund, consisting of amounts authorized to be appropriated or appropriated under paragraph (2) or (3). (2)Deposits to the fundThere are authorized to be appropriated, and there are appropriated, to the fund established under paragraph (1) for fiscal year 2022 and each fiscal year thereafter an amount equivalent to the amount of penalties estimated by the Secretary of the Treasury to be collected under section 527A(e) of the Tariff Act of 1930, as added by section 3, in that fiscal year.
(3)Additional authorization of appropriationsIn addition to amounts authorized to be appropriated under paragraph (2), there are authorized to be appropriated to the fund established under paragraph (1) $30,000,000 to carry out this section. (4)Availability of fundsAmounts in the fund established under paragraph (1) shall be available as follows:
(A)$20,000,000 shall be available to the Secretary of State— (i)to provide financial and technical assistance and other resources to the governments of countries and implementing partners that are working to complete the benchmarks in action plans developed under section 527A(d) of the Tariff Act of 1930, as added by section 3;
(ii)to provide assistance for international efforts to combat deforestation;  (iii)to provide assistance to civil society, indigenous peoples, and local residents in foreign countries to engage in efforts to combat deforestation; and
(iv)to be transferred, notwithstanding section 3302 of title 31, United States Code, to the Administrator of the United States Agency for International Development and the heads of other appropriate Federal agencies to provide assistance under clauses (i), (ii), and (iii). (B)$8,000,000 shall be available to the Commissioner of U.S. Customs and Border Protection—
(i)to carry out the duties of the Commissioner under section 527A of the Tariff Act of 1930, as added by section 3; and (ii)to be transferred, notwithstanding section 3302 of title 31, United States Code, to the Secretary of Agriculture and the Secretary of the Interior for monitoring, audits, enforcement, and other duties assigned under such section 527A.
(C)$3,000,000 shall be available to the United States Trade Representative to carry out the duties of the Trade Representative under such section 527A. (c)DefinitionsIn this section, the terms deforestation and illegal deforestation have the meanings given those terms in section 527A(h) of the Tariff Act of 1930, as added by section 3.
5.Inclusion of illegal deforestation as specified unlawful activitySection 1956(c)(7)(B) of title 18, United States Code, is amended— (1)in clause (vi), by striking ; or and inserting a semicolon;
(2)in clause (vii), by striking the semicolon and inserting ; or; and (3)by adding at the end the following:

(viii)any act, engaged in knowingly, to carry out, enable, or encourage illegal deforestation (as defined in section 527A(h) of the Tariff Act of 1930).. 6.Procurement preference for commodities not produced from land subject to deforestation (a)In generalChapter 47 of title 41, United States Code, is amended by adding at the end the following:

4715.Procurement preference for commodities not produced from land subject to deforestation
(a)In generalIn comparing proposals for the purpose of awarding a contract involving any product made wholly or in part of a covered commodity (as defined by section 1527A(c) of the Tariff Act of 1930), the head of an executive agency shall reduce the bid price by 10 percent if the contractor demonstrates to the satisfaction of the head of the agency that— (1)the contractor has a policy described in subsection (b) in effect; and
(2)the policy and data on monitoring and enforcement of that policy are publicly available and updated not less frequently than annually.  (b)Policy describedA policy described in this subsection is a policy that includes, at a minimum, the following:
(1)Measures to identify the point-of-origin of forest-risk commodities and ensure compliance with the policy when supply chain risks are present. (2)Data detailing the complete list of direct and indirect suppliers and supply chain traceability information, including refineries, processing plants, farms, and plantations, and their respective owners, parent entities, and farmers, maps, and geolocations, for each forest-risk commodity found in products that may be furnished to the Federal Government.
(3)Measures taken to ensure that each such commodity does not contribute to deforestation. (4)Measures taken to ensure the process of obtaining the free, prior, and informed consent of indigenous peoples and local communities directly affected by the production of such commodities.
(5)Measures taken to protect biodiversity and prevent the poaching of wildlife and trade in bushmeat in all operations and areas adjacent to the production of such commodities. (6)Measures taken to ensure compliance with the laws of countries where forest-risk commodities in the supply chain of the contractor are produced.
(c)Buy American requirementsSubsection (a) does not affect the application of the requirements of chapter 83 of title 41, United States Code. (d)DefinitionsIn this section:
(1)Deforestation; produceThe terms deforestation and produce have the meanings given those terms in section 527A(h) of the Tariff Act of 1930. (2)Forest-risk commodityThe term forest-risk commodity means a commodity at risk of being produced from land subject to deforestation..
(b)Clerical amendmentThe table of sections for such chapter is amended by inserting after the item relating to section 4714 the following:   4715. Procurement preference for commodities not produced from land subject to deforestation..


116 HR 6313 IH: Combating Hunger for Older Americans During Coronavirus Crisis Act of 2020
U.S. House of Representatives
2020-03-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6313IN THE HOUSE OF REPRESENTATIVESMarch 19, 2020Ms. Wild (for herself and Mr. David P. Roe of Tennessee) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo provide for additional emergency nutrition assistance under the Older Americans Act of 1965 in fiscal year 2020 to respond to the declared COVID-19 public health emergency, and for other purposes.1.Short titleThis Act may be cited as the Combating Hunger for Older Americans During Coronavirus Crisis Act of 2020.2.Home delivered nutrition services criteria applicable under the Older Americans Act of 1965 during fiscal year 2020 to respond to the COVID-19 public health emergencyFor purposes of State agencies determining the delivery of nutrition services under subpart 2 of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030f et seq.), during the portion of COVID-19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) that occurs in the period beginning on the date of the enactment of this Act and ending on September 31, 2020, the State agency shall include among individuals receiving such delivery because they are homebound an individual age 60 and older, or an individual with a disability (of any age), who is unable to obtain nutrition because the individual is under a quarantine, practicing social distancing, or otherwise unable to leave home, due to the emergency.3.Congregate nutrition services criteria applicable under the Older Americans Act of 1965 during fiscal year 2020 to respond to the COVID-19 public health emergency If a State demonstrates, to the satisfaction of the Assistant Secretary (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002), that funds received by the State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b) of the Older Americans Act of 1965 (42 U.S.C. 3023(b)), including funds transferred under subparagraph (A) of paragraph (4) of such section without regard to the exception referring to subparagraph (B) specified in such subparagraph (A), for fiscal year 2020 are insufficient to satisfy the need for services under subpart I or subpart II of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030d–2 et seq.) in fiscal year 2020 during the COVID-19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Assistant Secretary shall allow State and area agencies on aging, without prior approval, to transfer up to 100 percent of the funds so received between subpart 1 and subpart 2 of such part C for use the State or area agency on aging considers appropriate to meet the needs of the area served.4.WaiverTo facilitate implementation of subparts 1 and 2 of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030e et seq.) during any portion of the COVID-19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) that occurs in the period beginning on the date of the enactment of this Act and ending on September 31, 2020, the Assistant Secretary for Aging shall waive the requirements for emergency meals to comply with the requirements of clauses (i) and (ii) of section 339(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3030g–21(2)(A)).


117 S2697 IS: Due Process Continuity of Care Act
U.S. Senate
2021-08-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2697IN THE SENATE OF THE UNITED STATESAugust 10, 2021Mr. Cassidy (for himself, Mr. Merkley, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XIX of the Social Security Act to remove the Medicaid coverage exclusion for inmates in custody pending disposition of charges, and for other purposes.1.Short titleThis Act may be cited as the Due Process Continuity of Care Act.2.Removal of inmate limitation on benefits under Medicaid(a)In generalThe subdivision (A) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) following paragraph (31) of such section is amended by inserting or, at the option of the State, while in custody pending disposition of charges after patient in a medical institution.(b)Effective dateThe amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter that begins after the date that is 60 days after the date of the enactment of this Act and shall apply to items and services furnished for periods beginning on or after such date.3.Planning grants(a)In generalThe Secretary shall award planning grants to at least 10 States to support providing medical assistance under the State Medicaid program to individuals who are eligible for such assistance as a result of the amendment made by section 2(a). The grants shall be used to prepare an application that meets the requirements of subsection (b).(b)Application requirementsIn order to be awarded a planning grant under this section, a State shall submit an application to the Secretary at such time and in such form and manner as the Secretary shall require, that includes the following information along with such additional information, provisions, and assurances, as the Secretary may require:(1)A proposed process for carrying out each of the activities described in subsection (c) in the State.(2)A review of State policies regarding the population of individuals who are eligible for medical assistance under the State Medicaid program as a result of the amendment made by section 2(a) with respect to whether such policies may create barriers to increasing the number of health care providers who can provide items and services for that population.(3)The development of a plan, taking into account activities described in subsection (c)(2), that will ensure a sustainable number of Medicaid-enrolled providers under the State Medicaid program that can offer a full array of treatment and services to the patient population described in paragraph (2) as needed. Such plan shall include the following:(A)Specific activities to increase the number of providers that will offer physical health treatment, as well as services related to behavioral health treatment, including substance use disorder treatment, recovery, or support services (including short-term detoxification services, outpatient substance use disorder services, and evidence-based peer recovery services).(B)Milestones and timeliness for implementing activities set forth in the plan.(C)Specific measurable targets for increasing the number of providers under the State Medicaid program who will treat the patient population described in paragraph (2).(4)An assurance that the State consulted with relevant stakeholders, including the State agency responsible for administering the State Medicaid program, Medicaid managed care plans, health care providers, law enforcement personnel, officials from jails, and Medicaid beneficiary advocates, with respect to the preparation and completion of the application and a description of such consultation.(c)Activities describedFor purposes of subsection (b)(1), the activities described in this subsection are the following:(1)Activities that support the development of an initial assessment of the health treatment needs of patients who are in custody pending disposition of charges to determine the extent to which providers are needed (including the types of such providers and geographic area of need) to improve the number of providers that will treat patients in custody pending disposition of charges under the State Medicaid program, including the following:(A)An estimate of the number of individuals enrolled under the State Medicaid program who are in custody pending disposition of charges.(B)Information on the capacity of providers to provide treatment or services to such individuals enrolled under the State Medicaid program, including information on providers who provide such services and their participation under the State Medicaid program.(C)Information on the health care services provided under programs other than the State Medicaid program in jails to individuals who are in custody pending disposition of charges.(2)Activities that, taking into account the results of the assessment described in paragraph (1) with respect to the provision of treatment or services under the State Medicaid program, support the development of State infrastructure to recruit or contract with prospective health care providers, provide training and technical assistance to such providers, and secure a process for an electronic health record system for billing to reimburse for services provided by the correctional facility, outpatient providers, medical vendors, and contracted telehealth service providers to patients who are in custody pending disposition of charges that are compliant with applicable requirements and regulations for State Medicaid programs. (3)Activities that ensure the quality of care for patients who are in custody pending disposition of charges, including formal reporting mechanisms for patient outcomes, and activities that promote participation in learning collaboratives among providers treating this population.(d)Geographic diversityThe Secretary shall select States for planning grants under this section in a manner that ensures geographic diversity. (e)FundingOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out this section, $50,000,000, to remain available until expended. (f)DefinitionsIn this section:(1)Medicaid programThe term Medicaid program means, with respect to a State, the State program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) including any waiver or demonstration under such title or under section 1115 of such Act (42 U.S.C. 1315) relating to such title. (2)SecretaryThe term Secretary means the Secretary of Health and Human Services.(3)StateThe term State has the meaning given that term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) in section 1101(a)(1) of such Act (42 U.S.C. 1301(a)(1)).


116 HR 5527 IH: 21st Century Power Grid Act
U.S. House of Representatives
2019-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5527IN THE HOUSE OF REPRESENTATIVESDecember 19, 2019Mr. Sarbanes (for himself, Mr. McNerney, Mr. Kennedy, and Mr. Veasey) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo require the Secretary of Energy to establish a program to provide financial assistance for
			 projects relating to the modernization of the electric grid, and for other
			 purposes.

 1.Short titleThis Act may be cited as the 21st Century Power Grid Act. 2.Grant program for grid modernization projects (a)In generalThe Secretary of Energy shall establish a program to provide financial assistance to eligible partnerships to carry out projects related to the modernization of the electric grid, including—
 (1)projects for the deployment of technologies to improve monitoring of, advanced controls for, and prediction of performance of, a distribution system; and
 (2)projects related to transmission system planning and operation. (b)Eligible projectsProjects for which an eligible partnership may receive financial assistance under subsection (a)—
 (1)shall be designed to improve the resiliency, performance, or efficiency of the electric grid, while ensuring the continued provision of safe, secure, reliable, and affordable power;
 (2)may be designed to deploy a new product or technology that could be used by customers of an electric utility; and
 (3)shall demonstrate— (A)secure integration and management of energy resources, including through distributed energy generation, combined heat and power, microgrids, energy storage, electric vehicles, energy efficiency, demand response, or controllable loads; or
 (B)secure integration and interoperability of communications and information technologies related to the electric grid.
 (c)Cybersecurity planEach project carried out with financial assistance provided under subsection (a) shall include the development of a cybersecurity plan written in accordance with guidelines developed by the Secretary of Energy.
 (d)Privacy effects analysisEach project carried out with financial assistance provided under subsection (a) shall include a privacy effects analysis that evaluates the project in accordance with the Voluntary Code of Conduct of the Department of Energy, commonly known as the DataGuard Energy Data Privacy Program, or the most recent revisions to the privacy program of the Department.
 (e)DefinitionsIn this section: (1)Eligible partnershipThe term eligible partnership means a partnership consisting of two or more entities, which—
 (A)may include— (i)any institution of higher education;
 (ii)a National Laboratory; (iii)a State or a local government or other public body created by or pursuant to State law;
 (iv)an Indian Tribe; (v)a Federal power marketing administration; or
 (vi)an entity that develops and provides technology; and (B)shall include at least one of any of—
 (i)an electric utility; (ii)a Regional Transmission Organization; or
 (iii)an Independent System Operator. (2)Electric utilityThe term electric utility has the meaning given that term in section 3(22) of the Federal Power Act (16 U.S.C. 796(22)), except that such term does not include an entity described in subparagraph (B) of such section.
 (3)Federal power marketing administrationThe term Federal power marketing administration means the Bonneville Power Administration, the Southeastern Power Administration, the Southwestern Power Administration, or the Western Area Power Administration.
 (4)Independent System Operator; Regional Transmission OrganizationThe terms Independent System Operator and Regional Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act (16 U.S.C. 796). (5)Institution of higher educationThe term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
 (f)Authorization of appropriationsThere is authorized to be appropriated to the Secretary of Energy to carry out this section $200,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.


116 SRES 83 ATS: Designating February 2019 as “American Heart Month” and February 1, 2019, as “National Wear Red Day”.
U.S. Senate

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EN
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III116th CONGRESS1st SessionS. RES. 83IN THE SENATE OF THE UNITED STATESFebruary 27, 2019Ms. Hirono (for herself, Ms. Murkowski, Ms. Baldwin, Ms. Hassan, Ms. Sinema, Ms. Klobuchar, Mrs. Feinstein, Ms. Warren, Ms. Cantwell, Ms. Duckworth, Mrs. Fischer, Mrs. Capito, Mrs. Hyde-Smith, Ms. Harris, Mrs. Murray, Mrs. Shaheen, Ms. Stabenow, and Ms. Collins) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating February 2019 as American Heart Month and February 1, 2019, as National Wear Red Day.

 Whereas cardiovascular disease affects men, women, and children of every age and race in the United States;
 Whereas, between 2003 and 2013, the death rate from cardiovascular disease fell nearly 30 percent, but cardiovascular disease continues to be the leading cause of death in the United States, taking the lives of approximately 800,000 individuals in the United States each year and accounting for 1 in 3 deaths across the United States;
 Whereas congenital heart defects are— (1)the most common birth defect in the United States; and
 (2)the leading killer of infants with birth defects; Whereas, each year, an estimated 790,000 individuals in the United States have a heart attack, of whom an estimated 115,000 die;
 Whereas, in 2015, cardiovascular disease accounted for $555,000,000,000 in health care expenditures and lost productivity;
 Whereas, by 2035, cardiovascular disease will account for $1,093,900,000,000 in health care expenditures and lost productivity annually;
 Whereas individuals in the United States have made great progress in reducing the death rate for cardiovascular disease, but this progress has been more modest with respect to the death rate for cardiovascular disease in women and minorities;
 Whereas many people do not recognize that cardiovascular disease is the leading killer of women in the United States, taking the lives of over 400,000 women in 2016;
 Whereas nearly 2⁄3 of women who unexpectedly die of cardiovascular disease have no previous symptoms of the disease;
 Whereas over 1⁄2 of all African-American adults have some form of cardiovascular disease, including 57.1 percent of African-American women and 60.1 percent of African-American men;
 Whereas more Alaska Natives and American Indians die from cardiovascular disease than individuals from other ethnic groups;
 Whereas it is estimated that 36 percent of Alaska Natives and American Indians who die of cardiovascular disease die before reaching 65 years of age;
 Whereas Native Hawaiians have higher mortality rates and die at a younger average age from cardiovascular disease than other ethnic groups in Hawaii;
 Whereas many minority women, including African-American, Hispanic, Asian-American, and Native American women and women from indigenous populations, have a greater prevalence of risk factors or are at a higher risk of death from heart disease, stroke, and other cardiovascular diseases, but are less likely to know of the risk;
 Whereas, between 1965 and 2018, treatment of cardiovascular disease for women was largely based on medical research on men;
 Whereas, due to the differences in cardiovascular disease between men and women, more research and data on the effects of cardiovascular disease treatments for women is vital;
 Whereas extensive clinical and statistical studies have identified major and contributing factors that increase the risk of cardiovascular disease, including—
 (1)high blood pressure;
 (2)high blood cholesterol; (3)smoking tobacco products;
 (4)exposure to tobacco smoke;
 (5)physical inactivity; (6)obesity; and
 (7)diabetes mellitus; Whereas an individual can greatly reduce the risk of cardiovascular disease through lifestyle modification coupled with medical treatment when necessary;
 Whereas greater awareness and early detection of risk factors for cardiovascular disease can improve and save the lives of thousands of individuals in the United States each year;
 Whereas, under section 101(1) of title 36, United States Code, the President is requested to issue an annual proclamation designating February as American Heart Month;
 Whereas the National Heart, Lung, and Blood Institute of the National Institutes of Health, the American Heart Association, and many other organizations celebrate National Wear Red Day during February by going red to increase awareness about cardiovascular disease as the leading killer of women; and
 Whereas, every year since 1964, the President has issued a proclamation designating the month of February as American Heart Month: Now, therefore, be it

 That the Senate— (1)designates—
 (A)February 2019 as American Heart Month; and (B)February 1, 2019, as National Wear Red Day;
 (2)supports the goals and ideals of American Heart Month and National Wear Red Day; (3)recognizes and reaffirms the commitment of the United States to fighting cardiovascular disease—
 (A)by promoting awareness about the causes, risks, and prevention of cardiovascular disease;
 (B)by supporting research on cardiovascular disease; and (C)by expanding access to medical treatment;
 (4)commends the efforts of States, territories, and possessions of the United States, localities, nonprofit organizations, businesses and other entities, and the people of the United States who support American Heart Month and National Wear Red Day; and
 (5)encourages every individual in the United States to learn about his or her risk for cardiovascular disease.


113 SRES 19 ATS: Congratulating the University of Alabama Crimson Tide for winning the 2012 Bowl Championship Series National Championship.
U.S. Senate

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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		113th CONGRESS
		1st Session
		S. RES. 19
		IN THE SENATE OF THE UNITED STATES

			January 28, 2013
			Mr. Shelby (for himself
			 and Mr. Sessions) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the University of Alabama
		  Crimson Tide for winning the 2012 Bowl Championship Series National
		  Championship.

		Whereas the University of Alabama Crimson Tide won the
			 2013 Discover Bowl Championship Series (referred to in this preamble as
			 BCS) National Championship Game, defeating the University of
			 Notre Dame Fighting Irish by a score of 42-14 at the Sun Life Stadium in Miami
			 Gardens, Florida, on January 7, 2013;
		Whereas this victory marks the second consecutive BCS
			 championship, the third BCS championship in the last 4 years, and the 15th
			 national championship overall in college football for the University of
			 Alabama;
		Whereas the 2013 BCS National Championship Game was the
			 60th postseason bowl appearance and the 34th bowl victory for the University of
			 Alabama, both of which extend existing NCAA records held by the University of
			 Alabama;
		Whereas the victory by the University of Alabama marks the
			 fourth consecutive BCS championship for the State of Alabama and the seventh
			 consecutive BCS championship for the Southeastern Conference;
		Whereas the University of Alabama exhibited an almost
			 perfectly balanced offensive performance, with 265 rushing yards and 264
			 passing yards;
		Whereas running back Eddie Lacy rushed for 140 yards on 20
			 carries and scored 2 touchdowns, earning the award for most valuable player on
			 offense;
		Whereas linebacker C.J. Mosley led the Crimson Tide
			 defense with 8 tackles, earning the award for most valuable player on
			 defense;
		Whereas quarterback A.J. McCarron completed 20 of 28
			 passes for a total of 264 yards and threw 4 touchdowns without an
			 interception;
		Whereas the Crimson Tide held the Fighting Irish to 32
			 rushing yards and, in 2012, led the entire nation in total defense for the
			 second consecutive year;
		Whereas Chance Warmack, Dee Milliner, C.J. Mosley, and
			 Barrett Jones were recognized as first-team All-Americans by the Associated
			 Press in 2012;
		Whereas Barrett Jones, a senior at the University of
			 Alabama, was awarded the 2012 Rimington Trophy as the best center in the nation
			 and the 2012 William V. Campbell Trophy as the best scholar-athlete in the
			 nation;
		Whereas the 2012 Crimson Tide senior class won an
			 unprecedented 3 BCS national championships and 49 total games, tying an NCAA
			 record for class victories;
		Whereas the leadership and vision of head coach Nick Saban
			 has propelled the University of Alabama back to the pinnacle of college
			 football;
		Whereas Chancellor Robert Witt, President Judy Bonner, and
			 Athletic Director Mal Moore have emphasized the importance of academic success
			 to the Crimson Tide football team and to all student-athletes at the University
			 of Alabama; and
		Whereas the Crimson Tide football team has brought great
			 pride and honor to the University of Alabama, its loyal fans, and the entire
			 state of Alabama: Now, therefore, be it

		That the Senate—
			(1)congratulates the
			 University of Alabama Crimson Tide for winning the 2012 Bowl Championship
			 Series National Championship;
			(2)recognizes the
			 achievements of all the players, coaches, and staff who contributed to the 2012
			 championship season; and
			(3)requests that the
			 Secretary of the Senate prepare an official copy of this resolution for
			 presentation to—
				(A)the President of
			 the University of Alabama, Dr. Judy Bonner;
				(B)the Athletic
			 Director of the University of Alabama, Mal Moore; and
				(C)the Head Coach of
			 the University of Alabama Crimson Tide football team, Nick Saban.


117 S1884 IS: Broadband Parity Act of 2021
U.S. Senate
2021-05-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1884IN THE SENATE OF THE UNITED STATESMay 27, 2021Ms. Rosen (for herself and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo ensure that fixed broadband internet access service assisted by any Federal broadband support program meets a minimum level of service.1.Short titleThis Act may be cited as the Broadband Parity Act of 2021.2.DefinitionsIn this Act:(1)AgencyThe term agency has the meaning given the term in section 551 of title 5, United States Code.(2)Federal broadband support programThe term Federal broadband support program means any of the following programs (or any other similar Federal program) to the extent the program offers fixed broadband internet access service or programs for promoting access to and adoption of fixed broadband internet access service for various demographic communities through various media for residential, commercial, or community providers, or academic establishments:(A)The Telecommunications and Technology Program of the Appalachian Regional Commission.(B)The following programs of the Rural Utilities Service of the Department of Agriculture:(i)The Telecommunications Infrastructure Loan and Loan Guarantee Program established under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).(ii)Any program to provide grants, loans, or loan guarantees under sections 601 through 603 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.).(iii)The substantially underserved trust area initiative under section 306F of the Rural Electrification Act of 1936 (7 U.S.C. 936f).(iv)The Community Connect Grant Program established under section 604 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–3).(v)The distance learning and telemedicine grant program established under chapter 1 of subtitle D of title XXII of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.).(C)The following programs of the Economic Development Administration of the Department of Commerce:(i)The Public Works and Economic Adjustment Assistance Programs.(ii)The Planning and Local Technical Assistance Programs.(D)The following programs of the Department of Housing and Urban Development:(i)The Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).(ii)The loan guarantee program under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) (commonly known as the Section 108 Loan Guarantee Program).(iii)Assistance from the Public Housing Capital Fund established under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)).(iv)Assistance from the Public Housing Operating Fund established under section 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)).(v)The Multifamily Housing Programs.(vi)The Indian Community Development Block Grant Program.(vii)The Indian Housing Block Grant Program under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).(viii)Loan guarantees under title VI of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4191 et seq.) (commonly known as the Title VI Loan Guarantee Program).(ix)The Choice Neighborhoods Initiative.(x)The HOME Investment Partnerships Program authorized under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.).(xi)The Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568).(xii)The Housing Opportunities for Persons With AIDS Program authorized under the AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.).(E)The American Job Centers of the Employment and Training Administration of the Department of Labor.(F)The Library Services and Technology Grant Programs of the Institute of Museum and Library Services.(G)Any Universal Service Fund high-cost program authorized to help deploy fixed broadband internet access service.(H)The following programs of the Department of the Treasury:(i)The Coronavirus State Fiscal Recovery Fund under section 602 of the Social Security Act, as added by section 9901(a) of the American Rescue Plan Act of 2021 (Public Law 117–2).(ii)The Coronavirus Local Fiscal Recovery Fund under section 603 of the Social Security Act, as added by section 9901(a) of the American Rescue Plan Act of 2021 (Public Law 117–2).(iii)The Coronavirus Capital Projects Fund under section 604 of the Social Security Act, as added by section 9901(a) of the American Rescue Plan Act of 2021 (Public Law 117–2).(3)Universal Service Fund high-cost programThe term Universal Service Fund high-cost program has the meaning given the term in section 903 of division FF of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1307).3.Universal minimum level of service for federally supported fixed broadband(a)RulemakingNot later than 180 days after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Housing and Urban Development, and the head of each other agency that provides assistance under a Federal broadband support program, shall conduct a rulemaking to establish a minimum level of service for fixed broadband internet access service assisted by a Federal broadband support program to ensure that such service can support—(1)virtual learning;(2)telehealth services; and(3)telework.(b)Minimum level of serviceThe minimum level of service established under subsection (a) shall, in a technology-neutral manner, include—(1)a minimum download speed;(2)a minimum upload speed; and(3)a maximum latency.(c)Requirement(1)In generalExcept as provided in paragraph (2), subject to subsection (e), and notwithstanding any other provision of law, an agency may not provide assistance under a Federal broadband support program unless the fixed broadband internet access service to be assisted meets or exceeds, or will meet or exceed when deployed, the minimum level of service established under subsection (a) that was in effect on the date on which the agency made the determination to provide the assistance.(2)InfeasibilityParagraph (1) shall not apply if the agency providing assistance determines that the provision of fixed broadband internet access service that meets or exceeds the minimum level of service described in that paragraph is infeasible.(d)Technical and conforming amendmentSection 601(e) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(e)) is amended—(1)in paragraph (1), by striking at least— and all that follows through the period at the end of subparagraph (B) and inserting not less than the minimum level of service established under section 3(a) of the Broadband Parity Act of 2021.; and(2)in paragraph (2), by inserting , subject to the condition that the minimum acceptable level of broadband service, as adjusted under this paragraph, may not be less than the minimum level of service described in paragraph (1) before the period at the end.(e)Prospective applicabilityThis section and the amendments made by this section—(1)shall apply to any determination of an agency to provide assistance under a Federal broadband support program that is made on or after the date of enactment of this Act; and(2)shall not affect any award of assistance made under a Federal broadband support program before the date of enactment of this Act.


115 S1053 IS: To require the Secretary of the Interior to issue new resource management plans applicable to the Beaver Dam Wash National Conservation Area and the Red Cliffs National Conservation Area and a new amendment to the St. George Field Office Resource Management Plan, and for other purposes.
U.S. Senate
2017-05-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS1st Session
		S. 1053
		IN THE SENATE OF THE UNITED STATES

			May 4, 2017
			Mr. Hatch (for himself and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To require the Secretary of the Interior to issue new resource management plans applicable to the
			 Beaver Dam Wash National Conservation Area and the Red Cliffs National
			 Conservation Area and a new amendment to the St. George Field Office
			 Resource Management Plan, and for other purposes.

		1.Issuance of new resource management plans for the Beaver Dam Wash and Red Cliffs National
			 Conservation Areas and a new amendment to the St. George Field Office
 Resource Management PlanThe Secretary of the Interior (acting through the Director of the Bureau of Land Management)—
 (1)shall not implement or enforce the resource management plans for the Beaver Dam Wash National Conservation Area or the Red Cliffs National Conservation Area or the amendment to the St. George Field Office Resource Management Plan described in the notice of the Bureau of Land Management entitled Notice of Availability of the Record of Decision and the Approved Resource Management Plans for the Beaver Dam Wash and Red Cliffs National Conservation Areas; and Approved Amendment to the St. George Field Office Resource Management Plan in Washington County, Utah (81 Fed. Reg. 93707 (December 21, 2016)); and
 (2)shall issue new resource management plans and a new amendment to replace the resource management plans and amendment to the resource management plan referred to in paragraph (1) that are prepared—
 (A)in accordance with the requirements for management plans established under subtitle O of title I of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1075); and
 (B)in coordination with affected units of local government, in accordance with section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9)).