116 HR 2483 IH: Fentanyl Sanctions Act
U.S. House of Representatives
2019-05-02
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. 2483IN THE HOUSE OF REPRESENTATIVESMay 2, 2019Mr. Rose of New York (for himself, Mr. Hill of Arkansas, Mr. Brindisi, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Reform, the Judiciary, Intelligence (Permanent Select), Armed Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo impose sanctions with respect to foreign traffickers of illicit opioids, and for other purposes.

		1.Short title; table of contents
			(a)Short title
 This Act may be cited as the Fentanyl Sanctions Act. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					Sec. 3. Sense of Congress.
					Sec. 4. Definitions.
					Title I—Sanctions with Respect to Foreign Opioid Traffickers
					Sec. 101. Identification of foreign opioid traffickers.
					Sec. 102. Sense of Congress and reporting on international opioid control regime.
					Sec. 103. Imposition of sanctions.
					Sec. 104. Description of sanctions.
					Sec. 105. Waivers.
					Sec. 106. Procedures for judicial review of classified information.
					Sec. 107. Briefings on implementation.
					Title II—Commission on Combating Synthetic Opioid Trafficking
					Sec. 201. Commission on combating synthetic opioid trafficking.
					Title III—Other Matters
					Sec. 301. Director of National Intelligence program on use of intelligence resources in efforts to
			 sanction foreign opioid traffickers.
					Sec. 302. Department of Defense funding.
					Sec. 303. Department of State funding.
					Sec. 304. Department of the Treasury funding.
					Sec. 305. Appropriate committees of Congress defined.

 2.FindingsCongress makes the following findings: (1)The Centers for Disease Control and Prevention estimate that from August 2017 through August 2018 more than 48,000 people in the United States died from an opioid overdose, with synthetic opioids (excluding methadone), contributing to a record 31,900 overdose deaths. While drug overdose deaths from methadone, semi-synthetic opioids, and heroin have decreased in recent months, overdose deaths from synthetic opioids have continued to increase.
 (2)The objective of preventing the proliferation of synthetic opioids though existing multilateral and bilateral initiatives requires additional efforts to deny illicit actors the financial means to sustain their markets and distribution networks.
 (3)The People’s Republic of China is the world’s largest producer of illicit fentanyl, fentanyl analogues, and their immediate precursors. From the People’s Republic of China, those substances are shipped primarily through express consignment carriers or international mail directly to the United States, or, alternatively, shipped directly to transnational criminal organizations in Mexico, Canada, and the Caribbean.
 (4)In 2015, Mexican heroin accounted for 93 percent of the total weight of heroin seized in the United States, transported to the United States by transnational criminal organizations that maintain territorial influence over large regions in Mexico and remain the greatest criminal drug threat to the United States.
 (5)The United States and the People’s Republic of China, Mexico, and Canada have made important strides in combating the illicit flow of opioids through bilateral efforts of their respective law enforcement agencies.
 (6)Insufficient regulation of synthetic opioid production and export and insufficient law enforcement efforts to combat opioid trafficking in the People’s Republic of China and Mexico continue to contribute to a flood of opioids into the United States.
 (7)While the Department of the Treasury used the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to sanction the first synthetic opioid trafficking entity in April 2018, precision economic and financial sanctions policy tools are needed to address the flow of synthetic opioids.
 3.Sense of CongressIt is the sense of Congress that— (1)the United States should apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security, foreign policy, and economy of the United States; and
 (2)it is imperative that the People’s Republic of China follow through on the commitments it made to the United States on December 6, 2018, through the Group of Twenty—
 (A)to schedule the entire category of fentanyl-type substances as controlled substances; and (B)to change its national and provincial laws and increase provincial law enforcement efforts to prosecute traffickers of fentanyl substances.
 4.DefinitionsIn this Act: (1)Alien; national; national of the United StatesThe terms alien, national, and national of the United States have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
 (2)Appropriate congressional committees and leadershipThe term appropriate congressional committees and leadership means— (A)the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and
 (B)the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.
 (3)Controlled substance; listed chemicalThe terms controlled substance, listed chemical, narcotic drug, and opioid have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).
 (4)EntityThe term entity means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any form of business collaboration.
 (5)Foreign opioid traffickerThe term foreign opioid trafficker means any foreign person that the President determines plays a significant role in opioid trafficking.
 (6)Foreign personThe term foreign person— (A)means—
 (i)any citizen or national of a foreign country; or (ii)any entity not organized under the laws of the United States or a jurisdiction within the United States; and
 (B)does not include the government of a foreign country. (7)KnowinglyThe term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
 (8)Opioid traffickingThe term opioid trafficking means any illicit activity— (A)to cultivate, produce, manufacture, distribute, sell, or knowingly finance or transport illicit opioids, controlled substances that are opioids, listed chemicals that are opioids, or active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are opioids;
 (B)to attempt to carry out an activity described in subparagraph (A); or (C)to assist, abet, conspire, or collude with other persons to carry out such an activity.
 (9)PersonThe term person means an individual or entity. (10)United States personThe term United States person means—
 (A)any citizen or national of the United States; (B)any alien lawfully admitted for permanent residence in the United States;
 (C)any 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
 (D)any person located in the United States. ISanctions with Respect to Foreign Opioid Traffickers 101.Identification of foreign opioid traffickers (a)Public report (1)In generalThe President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report—
 (A)identifying the foreign persons that the President determines are foreign opioid traffickers; (B)detailing progress the President has made in implementing this title; and
 (C)providing an update on cooperative efforts with the Governments of Mexico and the People’s Republic of China with respect to combating foreign opioid traffickers.
 (2)Identification of additional personsIf, at any time after submitting a report required by paragraph (1) and before the submission of the next such report, the President determines that a foreign person not identified in the report is a foreign opioid trafficker, the President shall submit to the appropriate congressional committees and leadership an additional report containing the information required by paragraph (1) with respect to the foreign person.
 (3)ExclusionThe President shall not be required to include in a report under paragraph (1) or (2) any persons with respect to which the United States has imposed sanctions before the date of the report under this title or any other provision of law with respect to opioid trafficking.
					(4)Form of report
 (A)In generalEach report required by paragraph (1) or (2) shall be submitted in unclassified form but may include a classified annex.
 (B)Availability to publicThe unclassified portion of a report required by paragraph (1) or (2) shall be made available to the public.
						(b)Classified report
 (1)In generalThe President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report, in classified form—
 (A)describing in detail the status of sanctions imposed under this title, including the personnel and resources directed toward the imposition of such sanctions during the preceding fiscal year;
 (B)providing background information with respect to persons newly identified as foreign opioid traffickers and their illicit activities;
 (C)describing actions the President intends to undertake or has undertaken to implement this title; and
 (D)providing a strategy for identifying additional foreign opioid traffickers. (2)Effect on other reporting requirementsThe report required by paragraph (1) is in addition to the obligations of the President to keep Congress fully and currently informed pursuant to the provisions of the National Security Act of 1947 (50 U.S.C. 3001 et seq.).
 (c)Submission of reportsNot later than 180 days after the date of the enactment of this Act, and annually thereafter until the date that is 5 years after such date of enactment, the President shall submit the reports required by subsections (a) and (b) to the appropriate congressional committees and leadership.
				(d)Exclusion of certain information
 (1)IntelligenceNotwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any person if the Director of National Intelligence determines that such disclosure could compromise an intelligence operation, activity, source, or method of the United States.
 (2)Law enforcementNotwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any person if the Attorney General, in coordination, as appropriate, with the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the head of any other appropriate Federal law enforcement agency, and the Secretary of the Treasury, determines that such disclosure could reasonably be expected—
 (A)to compromise the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis;
 (B)to jeopardize the integrity or success of an ongoing criminal investigation or prosecution; (C)to endanger the life or physical safety of any person; or
 (D)to cause substantial harm to physical property. (3)Notification requiredIf the Director of National Intelligence makes a determination under paragraph (1) or the Attorney General makes a determination under paragraph (2), the Director or the Attorney General, as the case may be, shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.
 (e)Provision of information required for reportsThe Secretary of the Treasury, the Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence shall consult among themselves and provide to the President and the Director of the Office of National Drug Control Policy the appropriate and necessary information to enable the President to submit the reports required by subsection (a).
				102.Sense of Congress and reporting on international opioid control regime
 (a)Sense of CongressIt is the sense of Congress that, in order to apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security, foreign policy, and economy of the United States—
 (1)the President should instruct the Secretary of State to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, the Group of Seven, the Group of Twenty, trilaterally and bilaterally with partners of the United States, to establish a multilateral sanctions regime against foreign opioid traffickers; and
 (2)the Secretary of State, in consultation with the Secretary of the Treasury, may consider forming a new coalition of countries to establish a multilateral sanctions regime against foreign opioid traffickers if certain countries in existing multilateral fora fail to cooperate with respect to establishing such a regime.
					(b)Reports to Congress
 (1)In generalThe President shall include, in each report required by section 101(b), an assessment conducted by the Secretary of State, in consultation with the Secretary of the Treasury, of the extent to which any diplomatic efforts described in subsection (a) have been successful.
 (2)ElementsEach assessment required by paragraph (1) shall include an identification of— (A)the countries the governments of which have agreed to undertake measures to apply economic or other financial sanctions to foreign traffickers of illicit opioids and a description of those measures; and
 (B)the countries the governments of which have not agreed to measures described in subparagraph (A), and, with respect to those countries, other measures the Secretary of State recommends that the United States take to apply economic and other financial sanctions to foreign traffickers of illicit opioids.
 103.Imposition of sanctionsThe President shall impose five or more of the sanctions described in section 104 with respect to each foreign person that is an entity, and four or more of such sanctions with respect to each foreign person that is an individual, that—
 (1)is identified as a foreign opioid trafficker in a report submitted under section 101(a); or (2)the President determines is owned, controlled, directed by, supplying or sourcing precursors for, or acting for or on behalf of, such a foreign opioid trafficker.
				104.Description of sanctions
 (a)In generalThe sanctions that may be imposed with respect to a foreign person under section 103 are the following:
 (1)Loans from United States financial institutionsThe United States Government may prohibit any United States financial institution from making loans or providing credits to the foreign person.
 (2)Prohibitions on financial institutionsThe following prohibitions may be imposed with respect to a foreign person that is a financial institution:
 (A)Prohibition on designation as primary dealerNeither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments.
 (B)Prohibition on service as a repository of Government fundsThe financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
						The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction
			 for purposes of section 103, and the imposition of both such sanctions
 shall be treated as 2 sanctions for purposes of that section.(3)Procurement banThe United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the foreign person.
 (4)Foreign exchangeThe President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest.
 (5)Banking transactionsThe President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign person.
 (6)Property transactionsThe President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
 (A)acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;
 (B)dealing in or exercising any right, power, or privilege with respect to such property; or (C)conducting any transaction involving such property.
 (7)Ban on investment in equity or debt of sanctioned personThe President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the foreign person.
 (8)Exclusion of corporate officersThe President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the foreign person.
 (9)Sanctions on principal executive officersThe President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1) through (8) that are applicable.
 (b)PenaltiesA person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out subsection (a) 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.
				(c)Exceptions
 (1)Intelligence activitiesSanctions under this section shall not apply with respect 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 to any authorized intelligence activities of the United States.
 (2)Exception relating to importation of goodsThe authority to impose sanctions under subsection (a)(6) shall not include the authority to impose sanctions on the importation of goods.
 (3)Exception to comply with United Nations headquarters agreementSanctions under subsection (a)(8) shall not apply to an alien if admitting the alien into the United States is necessary 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, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.
					(d)Implementation; regulatory authority
 (1)ImplementationThe 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.
 (2)Regulatory authorityThe President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
					105.Waivers
				(a)Waiver for State-Owned financial institutions in countries that cooperate in multilateral
			 anti-Trafficking efforts
 (1)In generalThe President may, on a case-by-case basis, waive for a period of not more than 12 months the application of sanctions under this title with respect to a financial institution that is owned or controlled, directly or indirectly, by a foreign government or any political subdivision, agency, or instrumentality of a foreign government, if the President, not less than 30 days before the waiver is to take effect, certifies to the appropriate congressional committees and leadership that the foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking.
 (2)CertificationThe President may certify under paragraph (1) that a foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking if that government is—
 (A)implementing domestic laws to schedule all fentanyl analogues as controlled substances; and (B)doing two or more of the following:
 (i)Implementing substantial improvements in regulations involving the chemical and pharmaceutical production and export of illicit opioids.
 (ii)Implementing substantial improvements in judicial regulations to combat transnational criminal organizations that traffic opioids.
 (iii)Increasing efforts to prosecute foreign opioid traffickers. (iv)Increasing intelligence sharing and law enforcement cooperation with the United States with respect to opioid trafficking.
 (3)Subsequent renewal of waiverThe President may renew a waiver under paragraph (1) for subsequent periods of not more than 6 months each if, not less than 30 days before the renewal is to take effect, the Director of National Intelligence certifies to the appropriate congressional committees and leadership that the government of the country to which the waiver applies has effectively implemented and is effectively enforcing the measures that formed the basis for the certification under paragraph (2).
					(b)Waivers for national security and access to prescription medications
 (1)In generalThe President may waive the application of sanctions under this title with respect to a person if the President determines that the application of such sanctions with respect to that person would significantly harm—
 (A)the national security of the United States; or (B)subject to paragraph (2), the access of United States persons to prescription medications.
 (2)MonitoringThe President shall establish a monitoring program to verify that a person receiving a waiver under paragraph (1)(B) is not trafficking illicit opioids.
 (3)NotificationNot later than 21 days after making a determination under paragraph (1) with respect to a person, the President shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.
 (c)Humanitarian waiverThe President may waive, for renewable periods of 180 days, the application of the sanctions under this title if the President certifies to the appropriate congressional committees and leadership that the waiver is necessary for the provision of humanitarian assistance.
				106.Procedures for judicial review of classified information
 (a)In generalIf a finding under this title, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera.
 (b)Rule of constructionNothing in this section shall be construed to confer or imply any right to judicial review of any finding under this title, or any prohibition, condition, or penalty imposed as a result of any such finding.
 107.Briefings on implementationNot later than 90 days after the date of the enactment of the Fentanyl Sanctions Act, and every 180 days thereafter until the date that is 5 years after such date of enactment, the President, acting through the Secretary of State, in coordination with the Secretary of the Treasury, shall provide to the appropriate congressional committees and leadership a comprehensive briefing on efforts to implement this title.
			IICommission on Combating Synthetic Opioid Trafficking
			201.Commission on combating synthetic opioid trafficking
				(a)Establishment
 (1)In generalThere is established a commission to develop a consensus on a strategic approach to combating the flow of synthetic opioids into the United States.
 (2)DesignationThe commission established under paragraph (1) shall be known as the Commission on Synthetic Opioid Trafficking (in this section referred to as the Commission). (b)Membership (1)Composition (A)In generalSubject to subparagraph (B), the Commission shall be composed of the following members:
 (i)The Administrator of the Drug Enforcement Administration. (ii)The Secretary of Homeland Security.
 (iii)The Secretary of Defense. (iv)The Secretary of the Treasury.
 (v)The Secretary of State. (vi)Two members appointed by the majority leader of the Senate, one of whom shall be a Member of the Senate and one of whom shall not be.
 (vii)Two members appointed by the minority leader of the Senate, one of whom shall be a Member of the Senate and one of whom shall not be.
 (viii)Two members appointed by the Speaker of the House of Representatives, one of whom shall be a Member of the House of Representatives and one of whom shall not be.
 (ix)Two members appointed by the minority leader of the House of Representatives, one of whom shall be a Member of the House of Representatives and one of whom shall not be.
							(B)
 (i)The members of the Commission who are not Members of Congress and who are appointed under clauses (vi) through (ix) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in—
 (I)transnational criminal organizations conducting synthetic opioid trafficking; (II)the production, manufacturing, distribution, sale, or transportation of synthetic opioids; or
 (III)relations between— (aa)the United States; and
 (bb)the People’s Republic of China, Mexico, or any other country of concern with respect to trafficking in synthetic opioids.
 (ii)An official who appoints members of the Commission may not appoint an individual as a member of the Commission if the individual possesses any personal or financial interest in the discharge of any of the duties of the Commission.
							(iii)
 (I)All members of the Commission described in clause (i) shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information.
 (II)For the purpose of facilitating the activities of the Commission, the Director of National Intelligence shall expedite to the fullest degree possible the processing of security clearances that are necessary for members of the Commission.
								(2)Co-chairs
 (A)In generalThe Commission shall have 2 co-chairs, selected from among the members of the Commission, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party.
 (B)SelectionThe individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives.
 (c)DutiesThe duties of the Commission are as follows: (1)To define the core objectives and priorities of the strategic approach described in subsection (a)(1).
 (2)To weigh the costs and benefits of various strategic options to combat the flow of synthetic opioids from the People’s Republic of China, Mexico, and other countries.
 (3)To evaluate whether the options described in paragraph (2) are exclusive or complementary, the best means for executing such options, and how the United States should incorporate and implement such options within the strategic approach described in subsection (a)(1).
 (4)To review and make determinations on the difficult choices present within such options, among them what norms-based regimes the United States should seek to establish to encourage the effective regulation of dangerous synthetic opioids.
 (5)To report on efforts by actors in the People’s Republic of China to subvert United States laws and to supply illicit synthetic opioids to persons in the United States, including up-to-date estimates of the scale of illicit synthetic opioids flows from the People’s Republic of China.
 (6)To report on the deficiencies in the regulation of pharmaceutical and chemical production of controlled substances and export controls with respect to such substances in the People’s Republic of China and other countries that allow opioid traffickers to subvert such regulations and controls to traffic illicit opioids into the United States.
 (7)To report on the scale of contaminated or counterfeit drugs originating from the People’s Republic of China and India.
 (8)To report on how the United States could work more effectively with provincial and local officials in the People’s Republic of China and other countries to combat the illicit production of synthetic opioids.
 (9)In weighing the options for defending the United States against the dangers of trafficking in synthetic opioids, to consider possible structures and authorities that need to be established, revised, or augmented within the Federal Government.
 (d)Functioning of CommissionThe provisions of subsections (c), (d), (e), (g), (h), (i), and (m) of section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) shall apply to the Commission to the same extent and in the same manner as such provisions apply to the commission established under that section, except that—
 (1)subsection (c)(1) of that section shall be applied and administered by substituting 30 days for 45 days; (2)subsection (g)(4)(A) of that section shall be applied and administered by inserting and the Attorney General after Secretary of Defense; and
 (3)subsections (h)(2)(A) and (i)(1)(A) of that section shall be applied and administered by substituting level V of the Executive Schedule under section 5316 for level IV of the Executive Schedule under section 5315.
					(e)Treatment of information relating to national security
 (1)Responsibility of Director of National IntelligenceThe Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this section.
 (2)Information provided by CongressAny information related to the national security of the United States that is provided to the Commission by the appropriate congressional committees and leadership may not be further provided or released without the approval of the chairperson of the committee, or the Member of Congress, as the case may be, that provided the information to the Commission.
 (3)Access after termination of CommissionNotwithstanding any other provision of law, after the termination of the Commission under subsection (h), only the members and designated staff of the appropriate congressional committees and leadership, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.
 (f)ReportsThe Commission shall submit to the appropriate congressional committees and leadership— (1)not later than 270 days after the date of the enactment of this Act, an initial report on the activities and recommendations of the Commission under this section; and
 (2)not later than 270 days after the submission of the initial report under paragraph (1), a final report on the activities and recommendations of the Commission under this section.
 (g)Limitation on fundingOf amounts made available under sections 302, 303, and 304 to carry out this Act, not more than $5,000,000 shall be available to the Commission in any of fiscal years 2020 through 2025.
				(h)Termination
 (1)In generalThe Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report required by subsection (f)(2) is submitted to the appropriate congressional committees and leadership.
 (2)Winding up of affairsThe Commission may use the 120-day period described in paragraph (1) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report required by subsection (f)(2) and disseminating the report.
					IIIOther Matters
			301.Director of National Intelligence program on use of intelligence resources in efforts to sanction
			 foreign opioid traffickers
				(a)Program required
 (1)In generalThe Director of National Intelligence shall, with the concurrence of the Director of the Office of National Drug Control Policy, carry out a program to allocate and enhance use of resources of the intelligence community, including intelligence collection and analysis, to assist the Secretary of the Treasury and the Administrator of the Drug Enforcement Administration in efforts to identify and impose sanctions with respect to foreign opioid traffickers under title I.
 (2)Focus on illicit financeTo the extent practicable, efforts described in paragraph (1) shall— (A)take into account specific illicit finance risks related to narcotics trafficking; and
 (B)be developed in consultation with the Undersecretary of the Treasury for Terrorism and Financial Crimes, appropriate officials of the Office of Intelligence and Analysis of the Department of the Treasury, the Director of the Financial Crimes Enforcement Network, and appropriate Federal law enforcement agencies.
 (b)Review of counternarcotics efforts of the intelligence communityThe Director of National Intelligence shall, in coordination with the Director of the Office of National Drug Control Policy, carry out a comprehensive review of the current intelligence collection priorities of the intelligence community for counternarcotics purposes in order to identify whether such priorities are appropriate and sufficient in light of the number of lives lost in the United States each year due to use of illegal drugs.
				(c)Reports
 (1)Quarterly reports on programNot later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Director of National Intelligence and the Director of the Office of National Drug Control Policy shall jointly submit to the appropriate congressional committees and leadership a report on the status and accomplishments of the program required by subsection (a) during the 90-day period ending on the date of the report. The first report under this paragraph shall also include a description of the amount of funds devoted by the intelligence community to the efforts described in subsection (a) during each of fiscal years 2017 and 2018.
 (2)Report on reviewNot later than 120 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Office of National Drug Control Policy shall jointly submit to the appropriate congressional committees and leadership a comprehensive description of the results of the review required by subsection (b), including whether the priorities described in that subsection are appropriate and sufficient in light of the number of lives lost in the United States each year due to use of illegal drugs. If the report concludes that such priorities are not so appropriate and sufficient, the report shall also include a description of the actions to be taken to modify such priorities in order to assure than such priorities are so appropriate and sufficient.
 (d)Intelligence community definedIn this section, the term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
				302.Department of Defense funding
 (a)Source of fundsOf amounts authorized to be appropriated for each of fiscal years 2020 through 2025 for the Department of Defense for operation and maintenance, such sums as may be necessary shall be available for operations and activities described in subsection (b).
 (b)Operations and activitiesThe operations and activities described in this subsection are the following: (1)The operations and activities of any department or agency of the United States Government (other than the Department of Defense) in carrying out this Act.
 (2)The operations and activities of the Department of Defense in support of any other department or agency of the United States Government in carrying out this Act.
					(c)Transfer authority
 (1)In generalThe Secretary of Defense may transfer funds authorized to be appropriated for the Department of Defense as described in subsection (a) to any other department or agency of the United States Government to carry out this Act.
 (2)Notice requirementsAny transfer under this subsection shall not be subject to any reprogramming requirements under law. However, a notice on any such transfer shall be provided to the appropriate committees of Congress.
 (3)Inapplicability of transfer limitationsAny transfer under this subsection in a fiscal year shall not count toward or apply against any limitation on amounts transferrable by the Department of Defense in such fiscal year, including any limitation specified in an annual defense authorization Act for such fiscal year.
					303.Department of State funding
 (a)Authorization of appropriationsThere are authorized to be appropriated to the Secretary of State for fiscal years 2020 through 2025 such sums as may be necessary to carry out the operations and activities described in subsection (b).
 (b)Operations and activities describedThe operations and activities described in this subsection are the following: (1)The operations and activities of any department or agency of the United States Government (other than the Department of State) in carrying out this Act.
 (2)The operations and activities of the Department of State in support of any other department or agency of the United States Government in carrying out this Act.
					(c)Notification requirement
 (1)In generalExcept as provided in paragraph (2), amounts authorized to be appropriated by subsection (a) may not be obligated until 15 days after the date on which the President notifies the appropriate committees of Congress of the President's intention to obligate such funds.
					(2)Waiver
 (A)In generalThe Secretary of State may waive the notification requirement under paragraph (1) if the Secretary determines that such a waiver is in the national security interests of the United States.
 (B)Notification requirementIf the Secretary exercises the authority provided under subparagraph (A) to waive the notification requirement under paragraph (1), the Secretary shall notify the appropriate committees of Congress of the President's intention to obligate amounts authorized to be appropriated by subsection (a) as soon as practicable, but not later than 3 days after obligating such funds.
						(d)Transfer authority
 (1)In generalThe Secretary of State may transfer funds authorized to be appropriated by subsection (a) to any other department or agency of the United States Government to carry out this Act.
 (2)Notice requirementsAny transfer under this subsection shall not be subject to any reprogramming requirements under law. However, a notice on any such transfer shall be provided to the appropriate committees of Congress.
					304.Department of the Treasury funding
 (a)Authorization of appropriationsThere are authorized to be appropriated to the Secretary of the Treasury for fiscal years 2020 through 2025 such sums as may be necessary to carry out the operations and activities described in subsection (b).
 (b)Operations and activities describedThe operations and activities described in this subsection are the following: (1)The operations and activities of any department or agency of the United States Government (other than the Department of the Treasury) in carrying out this Act.
 (2)The operations and activities of the Department of the Treasury in support of any other department or agency of the United States Government in carrying out this Act.
					(c)Notification requirement
 (1)In generalExcept as provided in paragraph (2), amounts authorized to be appropriated by subsection (a) may not be obligated until 15 days after the date on which the President notifies the appropriate committees of Congress of the President's intention to obligate such funds.
					(2)Waiver
 (A)In generalThe Secretary of the Treasury may waive the notification requirement under paragraph (1) if the Secretary determines that such a waiver is in the national security interests of the United States.
 (B)Notification requirementIf the Secretary exercises the authority provided under subparagraph (A) to waive the notification requirement under paragraph (1), the Secretary shall notify the appropriate committees of Congress of the President's intention to obligate amounts authorized to be appropriated by subsection (a) as soon as practicable, but not later than 3 days after obligating such funds.
						(d)Transfer authority
 (1)In generalThe Secretary of the Treasury may transfer funds authorized to be appropriated by subsection (a) to any other department or agency of the United States Government to carry out this Act.
 (2)Notice requirementsAny transfer under this subsection shall not be subject to any reprogramming requirements under law. However, a notice on any such transfer shall be provided to the appropriate committees of Congress.
 305.Appropriate committees of Congress definedIn this title, the term appropriate committees of Congress means— (1)the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
 (2)the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.


117 HR 4048 IH: COVID–19 Origins Accountability Act of 2021
U.S. House of Representatives
2021-06-22
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.

I117th CONGRESS1st SessionH. R. 4048IN THE HOUSE OF REPRESENTATIVESJune 22, 2021Mr. Gallagher introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo impose sanctions and other measures in response to the failure of the Government of the People’s Republic of China to allow an investigation into the origins of COVID–19 at suspect laboratories in Wuhan.1.Short titleThis Act may be cited as the COVID–19 Origins Accountability Act of 2021.2.Measures in response to failure of the Government of the People’s Republic of China to allow an investigation of suspect laboratories in Wuhan(a)In generalIf, by not later than the date that is 90 days after the date of the enactment of this Act, the President is unable to certify that the Government of the People’s Republic of China has allowed a transparent international forensic investigation of suspect laboratories in Wuhan to commence, including of the Wuhan Institute of Virology of the Chinese Academy of Sciences (in this section referred to as CAS), the President shall—(1)impose the sanctions described in subsection (c) with respect to individuals employed by or professionally affiliated with the state-run CAS, including its more than 100 affiliated institutes and laboratories, 13 local branches, 2 universities, and more than 430 science and technology enterprises based in the People’s Republic of China across 11 industries that were created by CAS or founded with CAS investment;(2)prohibit Federal funding for any joint research or other collaborative projects between United States-based researchers and CAS researchers across all academic fields; and(3)prohibit United States-based researchers and institutions that receive Federal funding from engaging in collaborative projects involving gain-of-function research on viruses with individuals or institutions based in the People’s Republic of China.(b)TerminationThe requirements of subsection (a) shall terminate on the date on which the Government of the People’s Republic of China allows the transparent international forensic investigation described in that subsection to be conducted and concluded without—(1)imposition of restrictions on the scope or subject matter of the investigation; or(2)limitations on the access of investigators to physical sites, persons of interest, or relevant epidemiological, serological, and virological data.(c)Sanctions describedThe sanctions to be imposed under subsection (a)(1) are the following:(1)Asset blocking(A)In generalThe President shall 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 described in subparagraph (B) 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)Property and interests in property describedThe property and interests in property described in this subparagraph are property or interests in property of—(i)an individual described in subsection (a)(1); or(ii)any family member or associate acting for or on behalf of an individual described in subsection (a)(1) and to whom that individual transfers such property or interests in property after the date on which the President designates the individual for the imposition of sanctions under that subsection.(2)Ineligibility for visas, admission, or parole(A)Visas, admission, or paroleAn alien described in subsection (a)(1) 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 generalAn alien described in subsection (a)(1) is 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 effectA revocation under clause (i) shall—(I)take effect immediately; and(II)automatically cancel any other valid visa or entry documentation that is in the alien’s possession.(d)Implementation; penalties(1)ImplementationThe President may exercise the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this section.(2)PenaltiesA person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (c)(1) 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)Exceptions(1)Exception for intelligence activitiesSanctions 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 activitiesSanctions under subsection (c)(2) 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.(3)Exception relating to importation of goods(A)In generalThe authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.(B)Good definedIn 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.(f)DefinitionsIn this section:(1)Admission; admitted; alienThe terms admission, admitted, and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).(2)Gain-of-functionThe term gain-of-function, with respect to the study of viruses, means—(A)the use of gene editing to increase the transmissibility, virulence, immunogenicity, or host tropism of a virus by artificially inserting genomic components from one virus into the backbone of another virus, which results in the creation of a new chimeric virus, particularly when the resultant chimeric virus is pathogenic to humans; or(B)serial passaging in a cell culture to increase the transmissibility, virulence, immunogenicity, or host tropism of a virus by selectively applying pressure to a culture to artificially induce its mutation or RNA recombination with one or more viruses.(3)Transparent international forensic investigationThe term transparent international forensic investigation, with respect to investigating the origin of SARS–CoV–2, means an inquiry that is objective, data-driven, inclusive of broad expertise, subject to independent oversight, and properly managed to exclude individuals with conflicts of interest and under which the following takes place:(A)Relevant research laboratories and hospitals open their records to examination by the investigative team and grant the investigative team unfettered access to any and all facilities and other sites of interest, and to any and all forms of epidemiological or virological data of interest, including serological records pertaining to the earliest confirmed or suspected cases of COVID–19, or cases of similar illnesses that may have been misdiagnosed, which appeared in and around Wuhan in the fall and winter of 2019. Investigators document the veracity and source of the data upon which their analysis is based in a manner that allows independent experts to reproduce their analysis and validate any conclusions they may draw.(B)The international team is allowed to perform a full forensic investigation of the Wuhan Institute of Virology, and if necessary, the Wuhan Center for Disease Prevention and Control and the Wuhan Institute of Biological Products, and all other laboratories in Wuhan that the team might identify as warranting examination. The team is allowed to review the biosafety level under which bat coronavirus research was conducted, and to interview any and all personnel currently or previously employed at those laboratories, or related experts who may have information pertinent to the investigation. All laboratory logs and notebooks kept by Shi Zhengli and other researchers at the Wuhan Institute of Virology who have conducted gain-of-function experiments between 2007 and the date of the enactment of this Act, as well as their published and unpublished work in Chinese and English, are presented in a full and unaltered condition for examination by the team. The team is given unlimited access to the full range of virus cultures, isolates, genetic sequences, databases, and patient specimens stored at these facilities as well as all chimeric synthetic viruses grown in vitro by cell culture passaging or engineered by genomic editing between 2007 and the date of the enactment of this Act. Such access must include the opportunity to examine the Wuhan Institute of Virology’s database of approximately 22,000 samples and virus sequences, including 15,000 taken from bats, which was previously available to the public but taken offline in September 2019. The team is further allowed to examine in full all training procedures in effect at the laboratory prior to the pandemic, including those pertaining to recordkeeping and safety procedures and strategies to prevent the accidental escape of potential pathogens.(C)The investigative team analyzes in detail all research related to the 293 bat coronaviruses reportedly isolated by Shi Zhengli and her team at the Wuhan Institute of Virology between 2012 and 2015, particularly RaTG13 and RaBtCoV/4991, including all virus isolates and cultures. The Wuhan Institute of Virology discloses the content of all classified and unpublished studies that the Institute reportedly conducted with the People’s Liberation Army if such studies involved gain-of-function research. The team is able to test all laboratory personnel for antibodies and other serological indicators of past infection of COVID–19. The team is given access to all other records kept by the Wuhan Institute of Virology, including security logs, surveillance video footage, audio recordings, and electronic logs of employees entering and leaving the facility. The investigative team is permitted to take samples and conduct testing of the physical facilities where gain-of-function research has been conducted, including, if necessary, sewer samples. Unfettered access is also granted to the abandoned copper mine in Mojiang Hani Autonomous County in Yunnan province, where Wuhan Institute of Virology researchers are known to have collected bat virus specimens, including of RaTG13, during the decade preceding the date of the enactment of this Act.(D)The international team is comprised of members chosen by the governments of the United States, Canada, the United Kingdom, France, the Netherlands, Germany, Australia, Japan, and India. The team includes molecular biologists, virologists, epidemiologists, and experts in biosafety and biosecurity. Individuals who have previously ruled out the possibility of either zoonotic transmission or a laboratory leak are disqualified from participation. The Government of the People’s Republic of China may appoint Chinese experts to accompany and advise the team as it conducts its work in the People’s Republic of China, but the Government of the People’s Republic of China has no authority to dictate the selection of team members and cannot obstruct the participation of any individual selected by the individual’s government for the team. The central, provincial, and municipal authorities of the People’s Republic of China facilitate the work of the investigative team and refrain from imposing any restrictions on the scope, scale, and duration of the investigation.(4)United states personThe 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.


110 HR 900 RH: Puerto Rico Democracy Act of 2007
U.S. House of Representatives
2008-04-22
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.

IB
Union Calendar No. 370
110th CONGRESS 2d Session
H. R. 900
[Report No. 110–597]
IN THE HOUSE OF REPRESENTATIVES

February 7, 2007
Mr. Serrano (for himself, Mr. Fortuño, Mr. Rahall, Mr. Young of Alaska, Mr. Hoyer, Mr. Blunt, Mr. Waxman, Mr. Cantor, Mr. Kennedy, Mr. Putnam, Ms. Bordallo, Mr. McCotter, Mr. Kind, Mr. Brown of South Carolina, Mr. Kildee, Mr. Flake, Mr. Abercrombie, Mr. Renzi, Mr. Salazar, Mr. Burton of Indiana, Mr. Wexler, Mr. Dent, Mr. Crowley, Ms. Pryce of Ohio, Mr. Engel, Ms. Ros-Lehtinen, Mr. Wu, Mr. Poe, Mrs. Tauscher, Mr. Mario Diaz-Balart of Florida, Ms. Jackson-Lee of Texas, Mr. Wilson of South Carolina, Mr. Smith of Washington, Mr. Feeney, Mr. Baird, Mr. Mack, Mrs. Maloney of New York, Mr. Kuhl of New York, Mr. Gene Green of Texas, Mr. Keller of Florida, Mr. Mollohan, Mr. Saxton, Mr. Moran of Virginia, Mrs. Miller of Michigan, Ms. Loretta Sanchez of California, Mr. Thompson of Mississippi, Mr. Smith of New Jersey, Mr. Doyle, Mr. Coble, Mr. Meehan, Mr. Weller of Illinois, Mr. Cuellar, Mr. Boustany, Mr. Clay, Mr. McKeon, Mr. Fattah, Mr. Tom Davis of Virginia, Mr. Jefferson, Mr. Doolittle, Mr. McGovern, Mr. Paul, Mr. McNulty, Mr. Gerlach, Mr. Olver, Mr. Lincoln Diaz-Balart of Florida, Mr. Calvert, Ms. Wasserman Schultz, Mrs. Blackburn, Mr. Peterson of Minnesota, Mr. Mica, Mr. Taylor, Mr. English of Pennsylvania, Mr. Wynn, Mr. Gilchrest, Mr. Lewis of Georgia, Mr. Pearce, Mr. Hinchey, Mr. McCaul of Texas, Mr. Costa, Mr. Castle, Ms. Kilpatrick, Mr. Rodriguez, and Mr. Cardoza) introduced the following bill; which was referred to the Committee on Natural Resources

April 22, 2008
Additional sponsors: Mr. Arcuri, Mr. Conyers, Mr. Cramer, Mr. Higgins, Mr. Meeks of New York, Mr. Walden of Oregon, Mr. Pence, Mr. Peterson of Pennsylvania, Mr. Marchant, Mr. Conaway, Mr. Bilirakis, Mr. Cannon, Mr. Fossella, Mr. Stark, Mr. Ruppersberger, Mr. Shays, Ms. Berkley, Mr. Radanovich, Mr. Cummings, Mr. Davis of Alabama, Mr. Bishop of Utah, Mr. Sali, Mr. Udall of Colorado, Mr. McCarthy of California, Mr. Moore of Kansas, Ms. Fallin, Mr. Shuler, Mr. David Davis of Tennessee, Mr. Farr, Mr. Berman, Mr. Butterfield, Mr. Capuano, Mr. Dicks, Mr. Holden, Mr. Israel, Ms. Kaptur, Mr. Lantos, Mr. Allen, Mrs. Lowey, Mr. Price of North Carolina, Ms. Watson, Mr. Perlmutter, Ms. McCollum of Minnesota, Mr. Carter, Mr. Roskam, Ms. Lee, and Mr. Doggett

April 22, 2008
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on February 7, 2007

A BILL
To provide for a federally sanctioned self-determination process for the people of Puerto Rico.

1.Short titleThis Act may be cited as the Puerto Rico Democracy Act of 2007.
2.Puerto rican decision on present status
(a)PlebisciteThe Puerto Rico State Elections Commission shall conduct a plebiscite in Puerto Rico not later than December 31, 2009. The two options set forth on the ballot shall be preceded by the following statement: Instructions: Mark one of the following two options:
(1)Puerto Rico should continue to have its present form of territorial status and relationship with the United States. If you agree, mark here __________.
(2)Puerto Rico should pursue a constitutionally-viable permanent non-territorial status. If you agree, mark here __________.
(b)RecommendatonsIf a majority of the validly-cast ballots in the plebiscite favors Option 2, Congress recognizes the inherent authority of the People of Puerto Rico to—
(1)call a Constitutional Convention, constituted by a number of delegates to be determined in accordance to legislation approved by the Commonwealth of Puerto Rico, for the purpose of proposing to the People of Puerto Rico a self-determination option which, if approved by the People of Puerto Rico in a referendum, would be presented to Congress by the Constitutional Convention; or
(2)conduct a plebiscite administered by the Puerto Rico State Elections Commission to consider a self-determination option with the results presented to Congress.
3.Applicable laws and other requirements
(a)Applicable lawsAll Federal laws applicable to the election of the Resident Commissioner shall, as appropriate and consistent with this Act, also apply to the plebiscite held pursuant to this Act. Any reference in such Federal laws to elections shall be considered, as appropriate, to be a reference to the plebiscite, unless it would frustrate the purposes of this Act.
(b)Federal court jurisdictionThe Federal courts of the United States shall have exclusive jurisdiction over any legal claims or controversies arising from the implementation of this Act.
(c)Eligibility; ballotPersons eligible to vote under this subsection shall, upon timely request submitted to the Puerto Rico State Elections Commission in compliance with any terms imposed by the Electoral Law of Puerto Rico, be entitled to receive an absentee ballot for the plebiscite. Each of the following shall be eligible to vote in the plebiscite held under this Act:
(1)All eligible voters under the electoral laws in effect in Puerto Rico at the time the plebiscite is held.
(2)All United States citizens born in Puerto Rico who comply, to the satisfaction of the Puerto Rico State Elections Commission, with all Puerto Rico State Elections Commission requirements (other than the residency requirement) applicable to eligibility to vote in a general election.
(d)Certification of plebiscite resultsThe Puerto Rico States Elections Commission shall certify the results of the plebiscite held under this Act to the President of the United States and to the Members of the Senate and House of Representatives of the United States.
4.FundsDuring the period beginning October 1, 2007, and ending on the date the President determines that the plebiscite required by this Act has been held, the Secretary of the Treasury may allocate, from the funds provided to the Government of Puerto Rico under section 7652(e) of the Internal Revenue Code, not more than $5,000,000 for this plebiscite to the State Elections Commission of Puerto Rico to be used for expenses of carrying out said plebiscite under this Act, including for voter education materials as certified by the President’s Task Force on Puerto Rico’s Status as not being incompatible with the Constitution and basic laws and policies of the United States. Such amounts shall be as identified by the President’s Task Force on Puerto Rico’s Status as necessary for such purposes.

April 22, 2008
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


116 S2373 IS: Rural Maternal and Obstetric Modernization of Services Act
U.S. Senate
2019-07-31
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.

II116th CONGRESS1st SessionS. 2373IN THE SENATE OF THE UNITED STATESJuly 31, 2019Ms. Smith (for herself, Ms. Murkowski, Mr. Jones, and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Public Health Service Act to improve obstetric care in rural areas.

 1.Short titleThis Act may be cited as the Rural Maternal and Obstetric Modernization of Services Act or the Rural MOMS Act.
		2.Improving rural maternal and obstetric care data
 (a)Maternal mortality and morbidity activitiesSection 301 of the Public Health Service Act (42 U.S.C. 241) is amended— (1)by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and
 (2)by inserting after subsection (d), the following:  (e)The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to maternal mortality and morbidity..
 (b)Office of Women's HealthSection 310A(b)(1) of the Public Health Service Act (42 U.S.C. 242s(b)(1)) is amended by inserting sociocultural (race, ethnicity, language, class, income), including among American Indians and Alaska Natives, as such terms are defined in section 4 of the Indian Health Care Improvement Act, and geographic contexts, after biological,.
 (c)Safe motherhoodSection 317K(b)(2) of the Public Health Service Act (42 U.S.C. 247b–12(b)(2)) is amended— (1)in subparagraph (L), by striking and at the end;
 (2)by redesignating subparagraph (M) as subparagraph (N); and (3)by inserting after subparagraph (L), the following:

 (M)an examination of the relationship between maternal health services in rural areas and outcomes in delivery and postpartum care; and.
 (d)Office of Research on Women's HealthSection 486 of the Public Health Service Act (42 U.S.C. 287d) is amended— (1)in subsection (b)—
 (A)by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; (B)by inserting after paragraph (3) the following:

 (4)carry out paragraphs (1) and (2) with respect to pregnancy, with priority given to deaths related to pregnancy;; and
 (C)in paragraph (5) (as so redesignated), by striking through (3) and inserting through (4); and (2)in subsection (d)(4)(A)(iv), by inserting , including maternal mortality and other maternal morbidity outcomes before the semicolon.
 3.Rural Obstetric Network GrantsThe Public Health Service Act is amended by inserting after section 317L–1 (42 U.S.C. 247b–13a) the following:

				317L–2.Rural Obstetric Network Grants
 (a)In generalFor the purpose of enabling the Secretary (through grants, contracts, or otherwise), acting through the Administrator of the Health Resources and Services Administration, to establish collaborative improvement and innovation networks (referred to in this section as rural obstetric networks) to improve outcomes in birth and maternal morbidity and mortality, there is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated, $3,000,000 for each of fiscal years 2020 through 2024. Such amounts shall remain available until expended.
 (b)Use of fundsAmount appropriated under subsection (a) shall be used for the establishment of collaborative improvement and innovation networks to improve maternal health in rural areas by improving outcomes in birth and maternal morbidity and mortality. Rural obstetric networks established in accordance with this section shall—
 (1)assist pregnant women and individuals in rural areas connect with prenatal, labor and birth, and postpartum care to improve outcomes in birth and maternal mortality and morbidity;
 (2)identify successful prenatal, labor and birth, and postpartum health delivery models for individuals in rural areas, including evidence-based home visiting programs and successful, culturally competent models with positive maternal health outcomes that advance health equity;
 (3)develop a model for collaboration between health facilities that have an obstetric health unit and health facilities that do not have an obstetric health unit;
 (4)provide training and guidance for health facilities that do not have obstetric health units; (5)collaborate with academic institutions that can provide regional expertise and research on access, outcomes, needs assessments, and other identified data; and
 (6)measure and address inequities in birth outcomes among rural residents, with an emphasis on Black and American Indians and Alaska Native residents, as such terms are defined in section 4 of the Indian Health Care Improvement Act.
						(c)Requirements
 (1)EstablishmentNot later than October 1, 2020, the Secretary shall establish rural obstetric health networks in at least 5 regions.
 (2)DefinitionsIn this section: (A)Frontier areaThe term frontier area means a frontier county, as defined in section 1886(d)(3)(E)(iii)(III) of the Social Security Act.
 (B)Indian tribeThe term Indian tribe has the meaning given such term in section 4 of the Indian Health Care Improvement Act. (C)Native Hawaiian health care systemThe term Native Hawaiian Health Care System has the meaning given such term in section 12 of the Native Hawaiian Health Care Improvement Act.
 (D)RegionThe term region means a State, Indian tribe, rural area, or frontier area. (E)Rural areaThe term rural area has the meaning given that term in section 1886(d)(2)(D) of the Social Security Act.
 (F)Tribal organizationThe term tribal organization has the meaning given such term in the Indian Self-Determination Act. (G)StateThe term State has the meaning given that term for purposes of title V of the Social Security Act..
 4.Telehealth network and telehealth resource centers grant programsSection 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended— (1)in subsection (f)(1)(B)(iii), by adding at the end the following:

 (XIII)Providers of maternal, including prenatal, labor and birth, and postpartum care services and entities operation obstetric care units.;
 (2)in subsection (i)(1)(B), by inserting labor and birth, postpartum, before or prenatal; and (3)in subsection (k)(1)(B), by inserting equipment useful for caring for pregnant women and individuals, including ultrasound machines and fetal monitoring equipment, before and other equipment.
 5.Rural maternal and obstetric care training demonstrationPart D of title VII of the Public Health Service Act is amended by inserting after section 760 (42 U.S.C. 294k) the following:

				760A.Rural maternal and obstetric care training demonstration
 (a)In generalThe Secretary shall establish a training demonstration program to award grants to eligible entities to support—
 (1)training for physicians, medical residents, including family medicine and obstetrics and gynecology residents, and fellows to practice maternal and obstetric medicine in rural community-based settings;
 (2)training for licensed and accredited nurse practitioners, physician assistants, certified nurse midwives, certified midwives, certified professional midwives, home visiting nurses, or non-clinical professionals such as doulas and community health workers, to provide maternal care services in rural community-based settings; and
 (3)establishing, maintaining, or improving academic units or programs that— (A)provide training for students or faculty, including through clinical experiences and research, to improve maternal care in rural areas; or
 (B)develop evidence-based practices or recommendations for the design of the units or programs described in subparagraph (A), including curriculum content standards.
							(b)Activities
 (1)Training for medical residents and fellowsA recipient of a grant under subsection (a)(1)— (A)shall use the grant funds—
 (i)to plan, develop, and operate a training program to provide obstetric care in rural areas for family practice or obstetrics and gynecology residents and fellows; or
 (ii)to train new family practice or obstetrics and gynecology residents and fellows in maternal and obstetric health care to provide and expand access to maternal and obstetric health care in rural areas; and
 (B)may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve faculty development, or departments, divisions, or other units necessary to implement such training.
 (2)Training for other providersA recipient of a grant under subsection (a)(2)— (A)shall use the grant funds to plan, develop, or operate a training program to provide maternal health care services in rural, community-based settings; and
 (B)may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve faculty development, or departments, divisions, or other units necessary to implement such program.
 (3)Academic units or programsA recipient of a grant under subsection (a)(3) shall enter into a partnership with organizations such as an education accrediting organization (such as the Liaison Committee on Medical Education, the Accreditation Council for Graduate Medical Education, the Commission on Osteopathic College Accreditation, the Accreditation Commission for Education in Nursing, the Commission on Collegiate Nursing Education, the Accreditation Commission for Midwifery Education, or the Accreditation Review Commission on Education for the Physician Assistant) to carry out activities under subsection (a)(3).
 (4)Training program requirementsThe recipient of a grant under subsection (a)(1) or (a)(2) shall ensure that training programs carried out under the grant include instruction on—
 (A)maternal mental health, including perinatal depression and anxiety and postpartum depression; (B)maternal substance use disorder;
 (C)social determinants of health that impact individuals living in rural communities, including poverty, social isolation, access to nutrition, education, transportation, and housing; and
 (D)implicit bias. (c)Eligible entities (1)Training for medical residents and fellowsTo be eligible to receive a grant under subsection (a)(1), an entity shall—
 (A)be a consortium consisting of— (i)at least one teaching health center; or
 (ii)the sponsoring institution (or parent institution of the sponsoring institution) of— (I)an obstetrics and gynecology or family medicine residency program that is accredited by the Accreditation Council of Graduate Medical Education (or the parent institution of such a program); or
 (II)a fellowship in maternal or obstetric medicine, as determined appropriate by the Secretary; or (B)be an entity described in subparagraph (A)(ii) that provides opportunities for medical residents or fellows to train in rural community-based settings.
 (2)Training for other providersTo be eligible to receive a grant under subsection (a)(2), an entity shall be— (A)a teaching health center (as defined in section 749A(f));
 (B)a federally qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act);
 (C)a community mental health center (as defined in section 1861(ff)(3)(B) of the Social Security Act); (D)a rural health clinic (as defined in section 1861(aa) of the Social Security Act);
 (E)a freestanding birth center (as defined in section 1905(l)(3) of the Social Security Act); (F)a health center operated by the Indian Health Service, an Indian tribe, a tribal organization, or a Native Hawaiian Health Care System (as such terms are defined in section 4 of the Indian Health Care Improvement Act and section 12 of the Native Hawaiian Health Care Improvement Act); or
 (G)an entity with a demonstrated record of success in providing academic training for nurse practitioners, physician assistants, certified nurse-midwives, certified midwives, certified professional midwives, home visiting nurses, or non-clinical professionals, such as doulas and community health workers.
 (3)Academic units or programsTo be eligible to receive a grant under subsection (a)(3), an entity shall be a school of medicine or osteopathic medicine, a nursing school, a physician assistant training program, an accredited public or nonprofit private hospital, an accredited medical residency program, a school accredited by the Midwifery Education and Accreditation Council, or a public or private nonprofit entity which the Secretary has determined is capable of carrying out such grant.
 (4)ApplicationTo be eligible to receive a grant under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an estimate of the amount to be expended to conduct training activities under the grant (including ancillary and administrative costs).
 (d)DurationGrants awarded under this section shall be for a minimum of 5 years. (e)Study and report (1)Study (A)In generalThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct a study on the results of the demonstration program under this section.
 (B)Data submissionNot later than 90 days after the completion of the first year of the training program, and each subsequent year for the duration of the grant, that the program is in effect, each recipient of a grant under subsection (a) shall submit to the Secretary such data as the Secretary may require for analysis for the report described in paragraph (2).
 (2)Report to CongressNot later than 1 year after receipt of the data described in paragraph (1)(B), the Secretary shall submit to Congress a report that includes—
 (A)an analysis of the effect of the demonstration program under this section on the quality, quantity, and distribution of maternal, including prenatal, labor and birth, and postpartum care services and the demographics of the recipients of those services;
 (B)an analysis of maternal and infant health outcomes (including quality of care, morbidity, and mortality) before and after implementation of the program in the communities served by entities participating in the demonstration; and
 (C)recommendations on whether the demonstration program should be expanded. (f)Authorization of appropriationsThere are authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2020 through 2024..
 6.GAO reportNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the maternal, including prenatal, labor and birth, and postpartum care in rural areas. Such report shall include the following:
 (1)The location of gaps in maternal and obstetric clinicians and health professionals, including non-clinical professionals such as doulas and community health workers.
 (2)The location of gaps in facilities able to provide maternal, including prenatal, labor and birth, and postpartum care in rural areas, including care for high-risk pregnancies.
 (3)The gaps in data on maternal mortality and recommendations to standardize the format on collecting data related to maternal mortality and morbidity.
 (4)The gaps in maternal health by race and ethnicity in rural communities, with a focus on racial inequities for Black residents and among Indian Tribes and American Indian/Alaska Native rural residents (as such terms are defined in section 4 of the Indian Health Care Improvement Act).
 (5)A list of specific activities that the Secretary of Health and Human Services plans to conduct on maternal, including prenatal, labor and birth, and postpartum care.
 (6)A plan for completing such activities. (7)An explanation of Federal agency involvement and coordination needed to conduct such activities.
 (8)A budget for conducting such activities. (9)Other information that the Comptroller General determines appropriate.


		I
		112th CONGRESS
		2d Session
		H. R. 5896
		IN THE HOUSE OF REPRESENTATIVES

			June 5, 2012
			Mr. Gibson (for
			 himself and Mr. Hanna) introduced the
			 following bill; which was referred to the Committee on Agriculture, and in addition
			 to the Committee on Energy and
			 Commerce, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Rural Electrification Act of 1936, and for
		  other purposes.

		1.Section 601 of the Rural Electrification Act
			 of 1936 (7 U.S.C. 950bb) is amended—
			(1)in subsection (d),
			 by adding at the end the following:

					(8)Additional
				processThe Secretary shall
				establish a process under which an incumbent service provider which, as of the
				date of the publication of notice under paragraph (5) with respect to an
				application submitted by the provider, is providing broadband service to a
				remote rural area, may (but shall not be required to) submit to the Secretary,
				not less than 15 and not more than 30 days after that date, information
				regarding the broadband services that the provider offers in the proposed
				service territory, so that the Secretary may assess whether the application
				meets the requirements of this section with respect to eligible
				projects.
					;
				and
			(2)in subsection (e),
			 by adding at the end the following:

					(3)RequirementIn considering the technology needs of
				customers in a proposed service territory, the Secretary shall take into
				consideration the upgrade or replacement cost for the construction or
				acquisition of facilities and equipment in the
				territory.
					.


IV
111th CONGRESS
2d Session
H. RES. 1117
In the House of Representatives, U. S.,

March 3, 2010

RESOLUTION
Commending and congratulating the California State University system on the occasion of its 50th anniversary.

Whereas the California State University system will be celebrating its 50th anniversary during 2010 and 2011;
Whereas the individual California State Colleges were brought together as a system by the Donahoe Higher Education Act of 1960 of the State of California;
Whereas, in 1972, the system became the California State University and Colleges, in 1982, the system became the California State University (CSU), and today the 23 campuses of the CSU include comprehensive and polytechnic universities and, since July 1995, the California Maritime Academy, a specialized campus;
Whereas the system’s oldest campus—San Jose State University—was founded in 1857 and became the first institution of public higher education in California, while the system’s newest campus—California State University, Channel Islands—opened in the fall of 2002;
Whereas today the CSU is the Nation’s largest and most diverse university system, with 23 campuses and 7 off-campus centers, almost 433,000 students, and 44,000 faculty and staff;
Whereas the CSU draws its students from the top third of California’s high school graduates and is the State’s primary undergraduate teaching institution;
Whereas each CSU campus—California State University Bakersfield, California State University Channel Islands, California State University Chico, California State University Dominguez Hills, California State University East Bay, California State University Fresno, California State University Fullerton, Humboldt State University, California State University Long Beach, California State University Los Angeles, California Maritime Academy, California State University Monterey Bay, California State University Northridge, California State Polytechnic University, Pomona, California State University Sacramento, California State University San Bernardino, San Diego State University, San Francisco State University, San Jose State University, California Polytechnic State University, San Luis Obispo, California State University San Marcos, Sonoma State University, California State University Stanislaus—has its own identity, but all share the same mission—to provide high-quality, affordable higher education to meet the changing workforce needs of California;
Whereas with 91,000 annual graduates, the CSU is California’s greatest producer of bachelor’s degrees and drives California’s economy in information technology, life sciences, agriculture, business, education, international trade, public administration, hospitality, engineering, entertainment, and multimedia industries;
Whereas the CSU reaches out to California’s growing, underserved communities, providing more than half of all undergraduate degrees granted to California’s Latino, African-American, and Native American students, and offering affordable opportunities to pursue and attain a college degree;
Whereas the CSU is noted for pioneering outreach efforts, including starting the Early Assessment Program (which enables 11th graders to assess their college readiness in English and math) and the Educational Opportunity Program (an access and retention program that supports low-income, educationally disadvantaged students, many of whom are first-generation college students), distributing millions of How To Get to College Posters in multiple languages, hosting Super Sunday events at churches throughout the State as part of its African-American initiative, partnering with the Parent Institute for Quality Education (PIQE), which helps strengthen parent involvement in elementary and middle school students’ education, and actively engaging in the State’s Troops to College efforts on behalf of veterans;
Whereas the CSU offers more than 1,800 bachelor’s and master’s degree programs in some 357 subject areas, as well as teaching credential programs and its own independent education doctorate program;
Whereas the CSU has awarded nearly 2,500,000 bachelor’s, master’s and joint doctoral degrees since 1961;
Whereas the CSU’s renowned faculty members are well known for their teaching skills as well as their significant contributions to research, CSU staff and administrators provide the vital infrastructure to fulfill the CSU mission, and faculty and staff together have made the CSU a leader in high-quality, accessible, student-focused higher education;
Whereas CSU students participate in 32,000,000 hours of community service annually at more than 3,560 community sites, including tutoring children and adults in English as a second language, working in hospitals and community health clinics, teaching computer literacy, cleaning up rivers and beaches, serving meals to the homeless, and building houses;
Whereas the CSU returns $4.41 for every $1 the State invests, the CSU sustains more than 200,000 jobs in the State, and CSU-related expenditures create $13,600,000,000 in economic activity;
Whereas the CSU has more than 2,000,000 alumni, representing one in 10 members of California’s workforce and the majority of the State’s teachers;
Whereas the California State University has dedicated itself to helping foster improvement in the educational, economic, and cultural life of California;
Whereas the Chancellor and the Board of Trustees have led the CSU during extremely difficult economic times that have caused the CSU to cut admission rates and raise costs, as they have launched initiatives to increase the system’s graduation rates and help underrepresented students complete college; and
Whereas the California State University is developing not only college graduates, but responsible citizens and leaders for California and the Nation: Now, therefore, be it

That the House of Representatives commends and congratulates the California State University system on the occasion of its 50th anniversary.

Lorraine C. Miller,Clerk.


116 HR 6846 IH: Equitable Nutrition Assistance for the Territories Act of 2020
U.S. House of Representatives
2020-05-12
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. 6846IN THE HOUSE OF REPRESENTATIVESMay 12, 2020Ms. Velázquez (for herself, Ms. Lee of California, Ms. Meng, Mr. Espaillat, Ms. Ocasio-Cortez, Ms. Norton, Mr. Serrano, Ms. Moore, Mr. Grijalva, and Miss González-Colón of Puerto Rico) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo amend the Food and Nutrition Act of 2008 to provide for the participation of the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands in the supplemental nutrition assistance program, and for other purposes.1.Short titleThis Act may be cited as the Equitable Nutrition Assistance for the Territories Act of 2020.2.Participation and transition of Puerto Rico, American Samoa, and the Northern Mariana Islands in supplemental nutrition assistance program(a)DefinitionsSection 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended—(1)in subsection (r), by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Guam,; and(2)in subsection (u)(3), by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Guam,.(b)Eligible householdsSection 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—(1)in subsection (b), in the first sentence, by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Guam,;(2)in subsection (c)(1), by striking and Guam, and inserting Guam, the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands,; and(3)in subsection (e)—(A)in paragraph (1)(A), by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Hawaii, each place it appears; and(B)in paragraph (6)(B), in the matter preceding clause (i), by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Guam,.(c)Effective date(1)In generalThe amendments made by subsections (a) and (b) shall be effective with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, as applicable, on the date described in paragraph (2) if the Secretary of Agriculture submits to Congress a certification under subsection (f)(2)(B) of section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).(2)Date describedThe date referred to in paragraph (1) is, with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, the date established by the Commonwealth of Puerto Rico, American Samoa, or the Commonwealth of the Northern Mariana Islands, respectively, in the applicable plan of operation submitted to the Secretary of Agriculture under subsection (f)(1)(A) of section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).(d)Transition of Puerto Rico, American Samoa, and the Northern Mariana Islands to supplemental nutrition assistance programSection 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) is amended—(1)in subsection (a)(1)—(A)in subparagraph (A), by striking and at the end;(B)in subparagraph (B), by striking the period at the end and inserting ; and; and(C)by adding at the end the following:(C)the Commonwealth of the Northern Mariana Islands.; and(2)by adding at the end the following: (f)Transition of Puerto Rico, American Samoa, and the Northern Mariana Islands to supplemental nutrition assistance program(1)Request for participationA governmental entity may submit to the Secretary a request to participate in the supplemental nutrition assistance program, which shall include a plan of operation described in section 11(d), which shall include the date on which the governmental entity intends to begin participation in the program.(2)Certification by Secretary(A)In generalThe Secretary shall certify a governmental entity that submits a request under paragraph (1) as qualified to participate in the supplemental nutrition assistance program if the Secretary—(i)approves the plan of operation submitted with the request, in accordance with this subsection; and(ii)approves the applications described in paragraph (4) in accordance with that paragraph.(B)Submission of certification to CongressThe Secretary shall submit each certification under subparagraph (A) to Congress. (3)Determination of plan of operation(A)ApprovalThe Secretary shall approve a plan of operation submitted with a request under paragraph (1) if the plan satisfies the requirements under this Act.(B)DisapprovalIf the Secretary does not approve a plan of operation submitted with a request under paragraph (1), the Secretary shall provide to the governmental entity a statement that describes each requirement under this Act that is not satisfied by the plan.(4)Retail food storesIf the Secretary approves a plan of operation under paragraph (3)(A) for a governmental entity, the Secretary shall accept applications from retail food stores located in that governmental entity to be authorized under section 9 to participate in the supplemental nutrition assistance program. (5)Puerto RicoIn the case of a request under paragraph (1) by the Commonwealth of Puerto Rico, notwithstanding subsection (g), the Secretary shall allow the Commonwealth of Puerto Rico to continue to carry out under the supplemental nutrition assistance program the Family Market Program established pursuant to this section.(6)Authorization of appropriationsThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection for fiscal year 2020, to remain available until expended.(g)Technical infrastructure implementation(1)In generalA governmental entity may request from the Secretary a 1-time grant to pay for the cost of the technology infrastructure necessary to implement the supplemental nutrition assistance program, including the cost of information technology, information technology personnel, and training relating to program implementation.(2)ApplicationA governmental entity making a request under paragraph (1) for a grant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—(A) a description of the costs to be paid for by the grant; and(B)a plan for implementing the technology infrastructure described in paragraph (1)—(i)within 1 year of receiving the grant; and(ii)that is reasonably cost efficient, as determined by the Secretary.(3)Determination(A)Time limitThe Secretary shall approve or deny an application submitted under paragraph (2) not later than 180 days after the date on which the application is submitted.(B)DenialIf the Secretary denies an application submitted under paragraph (2), the governmental entity may amend the plan described in subparagraph (B) of that paragraph, in coordination with the Secretary, to resubmit to the Secretary for approval.(4)Funding(A)In generalThere is appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $5,000,000 to carry out this subsection, to remain available until 3 years after the date of enactment of this subsection.(B)Reversion of fundsAny funds appropriated to the Secretary under subparagraph (A) that remain available by the date described in that subparagraph shall revert to the Treasury. (h)Termination of effectiveness(1)In generalSubsections (a) through (e) shall cease to be effective with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, as applicable, on the date described in paragraph (2) if the Secretary submits to Congress a certification under subsection (f)(2)(B) for that governmental entity.(2)Date describedThe date referred to in paragraph (1) is, with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, the date established by the Commonwealth of Puerto Rico, American Samoa, or the Commonwealth of the Northern Mariana Islands, respectively, in the applicable plan of operation submitted to the Secretary under subsection (f)(1)(A)..