110 HR 1046 IH: To amend titles XI and XVIII of the Social Security Act

U.S. House of Representatives
2007-02-14
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.

		I
		110th CONGRESS
		1st Session
		H. R. 1046
		IN THE HOUSE OF REPRESENTATIVES

			February 14, 2007
			Mr. Burgess
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 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 concerned

		A BILL
		To amend titles XI and XVIII of the Social Security Act
		  to modernize the quality improvement organization (QIO)
		  program.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Medicare Quality Improvement Organization Modernization Act of
			 2007.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Quality improvement activities.
					Sec. 3. Improved program administration.
					Sec. 4. Data disclosure.
					Sec. 5. Use of evaluation and competition.
					Sec. 6. Quality improvement funding.
					Sec. 7. Qualifications for QIOs.
					Sec. 8. Coordination with medicaid.
					Sec. 9. Conforming name to quality improvement
				organizations..

			2.Quality improvement
			 activities
			(a)Inclusion of
			 quality improvement functionsSection 1154(a) of the Social Security Act
			 (42 U.S.C. 1320c–3(a)) is amended by adding at the end the following new
			 paragraph:

					(18)The organization
				shall offer quality improvement assistance to providers, practitioners,
				Medicare Advantage organizations offering Medicare Advantage plans under part C
				of title XVIII, and prescription drug sponsors offering prescription drug plans
				under part D of such title, including the following:
						(A)Education on
				quality improvement initiatives, strategies, and techniques.
						(B)Instruction on how
				to collect, submit, aggregate, and interpret data on measures that may be used
				for quality improvement, public reporting, and payment.
						(C)Instruction on how
				to conduct root-cause analyses.
						(D)Technical
				assistance for providers and practitioners in beneficiary education to
				facilitate patient self-management.
						(E)Facilitating
				cooperation among various local stakeholders in quality improvement.
						(F)Facilitating
				adoption of procedures that encourage timely candid feedback from patients and
				their families concerning perceived problems.
						(G)Guidance on
				redesigning clinical processes, including the adoption and effective use of
				health information technology, to improve the coordination, effectiveness, and
				safety of care.
						(H)Assistance in improving the quality of care
				delivered in rural and frontier areas and reducing health care disparities
				among racial and ethnic minorities, as well as gender disparities, including
				efforts to prevent or address any inconsistencies or delays in the rate of
				adoption of health information technology and in the effective use of such
				technology among such entities that treat racial and ethnic minorities or
				individuals dually eligible for benefits under this title and title XVIII or
				that furnish such services in rural areas.
						(I)Assistance in
				improving coordination of care as patients transition between providers and
				practitioners, including developing the capacity to securely exchange
				electronic health information and helping providers and practitioners to
				effectively use secure electronic health information to improve
				quality.
						.
			(b)Medicare quality
			 accountability programParagraph (14) of section 1154(a) of such
			 Act (42 U.S.C. 1320c–3(a)) is amended to read as follows:

					(14)(A)The organization shall
				conduct a review of all written complaints about the quality of services (for
				which payment may otherwise be made under title XVIII) not meeting
				professionally recognized standards of health care, if the complaint is filed
				with the organization by an individual entitled to benefits for such services
				under such title (or a person acting on the individual’s behalf). Before the
				organization concludes that the quality of services does not meet
				professionally recognized standards of health care, the organization must
				provide the practitioner or person concerned with reasonable notice and
				opportunity for discussion.
						(B)The organization shall establish and
				operate a Medicare quality accountability program consistent with the
				following:
							(i)The organization shall actively
				educate Medicare beneficiaries of their right to bring quality concerns to
				Quality Improvement Organizations.
							(ii)The organization shall report
				findings of its investigations to the beneficiary involved or a representative
				of such beneficiary, regardless of whether such findings involve a provider,
				physician or other practitioner, or plan. Such report shall describe whether
				the organization confirms the allegations in the complaint and any actions
				taken by the provider, practitioner, or plan, respectively, with respect to
				such findings. Such findings may not be used in any form in a medical
				malpractice action.
							(iii)The organization shall assist
				providers, practitioners, and plans in adopting best practices for soliciting
				and welcoming feedback about patient concerns, and assist providers,
				practitioners, and plans in remedying patient-reported problems that are
				confirmed by the organization and shall report findings of patient reported
				problems to the provider, practitioner, or plan involved before disclosing
				investigation results to the patient or patient’s representative.
							(iv)The organization shall determine
				whether the complaint allegations about clinical quality of care are confirmed
				and assist providers, practitioners, and plans in remedying confirmed
				complaints.
							(v)The organization shall assist providers,
				practitioners, and plans in preventing recurrence of quality problems caused by
				unsafe systems of care, and refer to an appropriate regulatory body providers,
				practitioners, or plans that are unwilling or unable to improve.
							(vi)The organization shall publish
				annual quality reports in each State in which the organization operates,
				including aggregate complaint data and provider performance on standardized
				quality measures.
							(vii)The organization shall promote beneficiary
				awareness of standardized quality measures that may be used for evaluating care
				and for choosing providers, practitioners and plans.
							(C)The Secretary shall monitor and report to
				Congress, regarding—
							(i)the reliability of complaint
				determinations by Quality Improvement Organizations;
							(ii)the effect of disclosure of
				complaint findings on the availability of primary- and specialty-care physician
				reviewers;
							(iii)changes resulting from the
				systems change process described in subparagraph (B)(v); and
							(iv)trends in civil litigation filed
				by Medicare beneficiaries or their
				representatives.
							.
			3.Improved program
			 administrationPart B of title
			 XI of the Social Security Act is amended by adding at the end the following new
			 section:

				1164.Program administration(a)Improved program
				management
						(1)Report on
				management of the QIO programThe Comptroller General of the
				United States shall submit to Congress, no later than March 31, 2010, a report
				on the implementation by the Secretary and the Director of the Office of
				Management and Budget of this part and their overall management of the program
				under this part.
						(2)Program
				managementThe report under paragraph (1) shall include a review
				of all of the following:
							(A)Implementation of the priorities,
				recommendations, and strategies of the strategic advisory committee under
				subsection (c)(1).
							(B)Implementation of
				appropriate program and contractor evaluation.
							(C)Ensuring timely
				issuance of statements of work.
							(D)Ensuring timely
				and priority QIO access to Medicare data for quality improvement
				purposes.
							(E)Ensuring timely
				apportionment of funding.
							(F)Ensuring funding levels are commensurate
				with new work added to the QIO contract, as described in the second sentence of
				section 1159(b)(1).
							(G)The process of
				developing the apportionment request and determining the funding allocation to
				QIOs.
							(H)The identification
				of and progress towards measures of effective management by the Secretary of
				the QIO program.
							(I)A review of the
				experience and qualifications of staff of the Centers for Medicare &
				Medicaid Services in overseeing the program.
							(3)InnovationThe Secretary shall ensure that Quality
				Improvement Organizations are provided maximum freedom in designing and
				applying intervention strategies for local quality improvement.
						(b)Assuring data
				accessThe Secretary shall ensure that Quality Improvement
				Organizations have timely, top priority access to Medicare data for all parts
				of Medicare pertinent to the contract activities, in a form allowing the data
				to be integrated and analyzed by such organizations according to the needs of
				partners and Medicare beneficiaries in each jurisdiction.
					(c)Setting
				strategic priorities
						(1)Appointment of
				strategic advisory committeeThe Secretary shall appoint an independent
				strategic advisory committee, composed of national quality measurement and
				improvement experts, that includes at least three representatives of
				organizations holding contracts under this part and at least one appropriately
				qualified representative of each of the following:
							(A)Medicare
				beneficiaries.
							(B)The Agency for
				Healthcare Research and Quality.
							(C)The Federal
				Employee Health Benefits Program.
							(D)The Indian Health
				Service.
							(E)The TRICARE
				program.
							(F)The Veterans
				Health Affairs program.
							(G)State Medicaid
				programs.
							(H)Private
				purchasers.
							(I)Health care
				providers.
							(J)Physicians.
							(K)Other health care
				practitioners.
							(2)Duties of
				committeeSuch committee
				shall set national strategic priorities for improvement in the quality of care,
				consistent with the Institute of Medicine's six aims for health care
				improvement, including safety, effectiveness, patient centeredness, timeliness,
				efficiency and equity, and update these in time to permit preparation of a
				draft statement of work and funding request for each program cycle under this
				part.
						(3)Independent
				evaluationThe committee
				should ensure that the Quality Improvement Organization program is evaluated by
				an independent entity using a study design, such as a crossover design, to
				allow for an assessment of program performance in a way that does not have an
				adverse impact on providers, practitioners, and plans that may work with the
				Organization.
						(4)FundingThe Secretary shall allocate funds for the
				strategic advisory committee from the portion of the funding that does not
				directly fund the contracts with Quality Improvement Organizations, as required
				under section 1159(b).
						(d)Taking into
				account recommendations from stakeholders in statements of
				workEach statement of work under this part for a contract period
				beginning on or after August 1, 2008, shall include a task for the contracting
				Quality Improvement Organization to convene stakeholders to identify high
				priority quality problems for work in the next contract period that are
				relevant to Medicare beneficiaries in the State. Each such organization shall
				propose, as part of such statement, one or more projects to the Secretary
				taking into consideration the recommendations of such stakeholders, along with
				suggested performance measures to evaluate progress on such item.
					(e)Allocation of
				resources to priority areasThe Secretary shall allocate at least
				20 percent of the funding that directly funds contracts with Quality
				Improvement Organizations under section 1159(b) to promote improvement in one
				or more locally defined priority areas identified under subsection (d).
					(f)Quality
				coordinationQuality
				Improvement Organizations holding contracts under this part shall be an
				integral part of Federal performance improvement initiatives and each
				organization’s activities shall be coordinated with initiatives developed by
				the Secretary and other Federal
				agencies.
					.
		4.Data
			 disclosureSection 1160 of the
			 Social Security Act (42 U.S.C. 1320c–9) is amended—
			(1)in subsection
			 (a)(3), by striking subsection (b) and inserting
			 subsections (b) and (f); and
			(2)by adding at the
			 end the following new subsection:

					(f)(1)An organization with a contract with the
				Secretary under this part may share individual-specific data with a physician
				treating the individual, for quality improvement and patient safety
				purposes.
						(2)The Secretary shall promulgate, not
				later than 180 days after the date of the enactment of this subsection, a
				regulation that permits the sharing of data under paragraph (1).
						(3)Nothing in this subsection shall be
				construed to limit, alter, or affect the requirements imposed by the
				regulations promulgated under section 264(c) of the Health Insurance
				Portability and Accountability Act of
				1996.
						.
			5.Use
			 of evaluation and competitionSection 1153 of the Social Security Act (42
			 U.S.C. 1320c–2) is amended—
			(1)by
			 amending paragraph (3) of subsection (c) to read as follows:

					(3)contract terms are
				consistent with subsection (j);
					;

			(2)in subsection
			 (c)(1), by inserting , at the sole discretion of the
			 organization, after or may subcontract;
			(3)in subsection (e), by striking (1)
			 Except as provided and all that follows through (2);
			 and
			(4)by adding at the
			 end the following new subsections:

					(j)(1)Subject to the succeeding provisions of
				this subsection, each contract with an organization under this section shall be
				for an initial term of five years, beginning and ending on a common date for
				all contractors as required under this subsection and shall be renewable for 5
				year terms thereafter.
						(2)If an incumbent organization achieves
				excellent performance as described in paragraph (3), then the Secretary may
				renew the contract with that organization without full and open competition,
				but in no case may an organization be permitted to hold a contract for more
				than 10 years without being subject to full and open competition.
						(3)Before publishing a request for
				proposal for a contract period, the Secretary shall, in consultation with the
				strategic advisory committee appointed under section 1164(c)(1), establish
				measurable goals for each task to be included in such proposal. The contract
				shall include performance thresholds by which an organization holding a
				contract under this section may demonstrate excellent performance. The
				Secretary may not establish such performance thresholds in such a way as to
				predetermine or limit either the number or percentage of organizations which
				may demonstrate excellent performance.
						(4)The Secretary shall publish the request for
				proposals no later than four months prior to the beginning of such contract
				period.
						(5)The Secretary shall utilize the
				strategic advisory committee appointed under section 1164(c)(1) to qualify the
				validity, reliability, and feasibility of measures to be used in evaluating the
				performance of organizations holding a contract under this section. Before any
				performance measure may be used for such purpose, it must have been designated
				by such committee to be valid, reliable, and feasible for use under similar
				circumstances, as demonstrated in at least one reliable and valid study.
						(6)In the case of an open competition
				for a contract under this section, if the incumbent organization bidding for
				the contract in the State in which it holds the contract demonstrates excellent
				performance in fulfilling the terms of such contract during the previous
				contract period, the Secretary shall award such organization a bonus equivalent
				to ten percent of the total possible score for the proposal.
						(7)The Secretary may not reduce the
				amount of a contract award below the amount proposed by the bidder prevailing
				in a competitive bidding process.
						(8)The Secretary shall design the
				process for performance evaluation of contracts under this section—
							(A)to avoid interfering with the work of
				contractors with plans, providers, and practitioners;
							(B)to hold harmless and not penalize
				contractors when performance is impaired or delayed by failures of the
				Secretary, personnel of the Department of Health and Human Services, or
				contractors of the Secretary, to provide timely deliverables by other
				entities;
							(C)to use a continuous measurement
				strategy with provision for frequent performance updates for evaluating interim
				progress; and
							(D)to require that evaluation metrics be
				monitored and permit their adjustment based on experience or evolving science
				over the course of a contract cycle.
							(k)(1)The Secretary shall extend each contract
				under this section the contract period for which began on or after August 1,
				2005, and before February 1, 2006, so that the subsequent contract period
				begins on October 1, 2009.
						(2)The Secretary shall apportion adequate
				funding so that organizations with contracts extended under this subsection can
				perform existing and new tasks, as determined by the Secretary, during the
				period of the contract extension.
						(3)There are authorized to be appropriated
				such sums as are necessary to respond to increased personnel requirements
				resulting from starting all contracts simultaneously, as provided under this
				subsection.
						.
			6.Quality
			 improvement fundingSection
			 1159 of the Social Security Act (42 U.S.C. 1320c–8) is amended—
			(1)by inserting
			 (a) before Expenses incurred; and
			(2)by adding at the
			 end the following new subsection:

					(b)(1)The aggregate annual funding for contracts
				under this part that begin after August 1, 2008, shall not be less than
				$421,666,000. In addition, there are authorized to be apportioned for contract
				periods in subsequent years such additional amounts as may be necessary to
				adequately fund any resource needs in excess of the amount provided under the
				previous sentence.
						(2)At least 80 percent of the funding
				under this part in a contract period shall be expended to directly fund the
				contracts held by organizations, as required under section 1153(b).
						(3)The Secretary shall determine the resource
				needs for a contract period in consultation with representatives from existing
				contractors. The determination shall take into account factors including any
				new work added via contract modification during the course of the contract
				period or added from one contract cycle to the next cycle. New work
				includes—
							(A)additional core contract tasks,
				requirements, deliverables, and performance thresholds;
							(B)technical assistance for additional
				providers, practitioners, and health plans and additional provider
				settings;
							(C)increased outreach and communications
				to Medicare beneficiaries, providers, practitioners, and plans; and
							(D)increased volume of medical
				reviews.
							(4)With respect to the apportionment of
				funds under this part for a contract period—
							(A)the Secretary shall submit a proposed
				apportionment to the Director of the Office of Management and Budget no later
				than 1 year before the first date of the contract period;
							(B)such Director shall approve an
				proposed apportionment no later than 9 months before the first date of such
				contract period;
							(C)for tasks the Secretary proposes to
				continue from the previous contract period, if the apportionment is not
				authorized by the deadline specified in subparagraph (B), funding shall
				continue for the next contract period at a level no less than the level for the
				previous contract period, increased by the percentage increase in the consumer
				price index for all urban consumers during the preceding 12-month
				period.
							(5)Organizations with a contract under
				this part may enter into contracts with public or private entities including
				providers, practitioners, and payers other than the Secretary, to provide
				quality improvement or other services if there are arrangements made to avoid
				or mitigate potential conflicts of interest.
						(6)Such organizations shall have the ability
				to meet the terms of a contract by allocating funds to functions established by
				the Secretary at its discretion. The Secretary shall review whether the
				organization met the functions and goals set out for the organization,
				regardless of allocation of funds at the initial acceptance of the
				contract.
						(7)Organizations with a contract under this
				part may utilize funding allocated to such contracts to pay for food costs
				directly related to fulfilling contract
				requirements.
						.
			7.Qualifications for
			 QIOs
			(a)In
			 generalSubsection (b) of section 1153 of the Social Security Act
			 (42 U.S.C. 1320c–2) is amended by adding at the end the following new
			 paragraph:

					(4)(A)The Secretary shall not
				enter into or renew a contract under this section with an entity unless the
				entity has demonstrated success in facilitating clinical and administrative
				system redesign to improve the coordination, effectiveness, and safety of
				health care, and in facilitating cooperation among stakeholders in quality
				improvement.
						(B)The Secretary shall ensure that the entity
				complies with standards to ensure organizational integrity, including—
							(i)appropriate representation of
				consumers and other stakeholders in the composition of the governing
				body;
							(ii)market-based compensation of board
				members and executives;
							(iii)avoidance and mitigation of board
				member conflict of interest; and
							(iv)safeguards to ensure appropriate
				travel expenses.
							To the
				extent practicable, the Secretary shall utilize standards developed in the
				private sector for purposes of carrying out this subparagraph and shall conduct
				audits as necessary to ensure compliance with such
				standards..
			(b)Use of States
			 for geographic areasSubsection (a) of such section is amended to
			 read as follows:

					(a)The Secretary shall designate each State as
				a geographic area with respect to which contracts under this part will be
				made.
					.
			(c)Effective
			 dateThe amendments made by this section shall apply to contract
			 periods beginning after the date of the enactment of this Act.
			8.Coordination with
			 medicaid
			(a)Permitting
			 alternative quality improvement programSection 1902(a)(30) of the Social Security
			 Act (42 U.S.C. 1396a(a)(30)) is amended by striking and at the
			 end of subparagraph (A), by adding and and the end of
			 subparagraph (B), and by adding at the end the following new
			 subparagraph:

					(C)provide, at the discretion of the State
				plan, for a quality improvement program in place of the program described in
				subparagraph (A), in whole or in part, that—
						(i)establishes
				priorities for achieving significant measurable improvement in the quality of
				health care services provided to individuals eligible under this title, and
				reviews such priorities at least every five years for the purpose of making
				appropriate revisions;
						(ii)provides quality
				improvement assistance to providers and practitioners consistent with such
				priorities; and
						(iii)provides for an
				annual report to the Secretary on quality performance under such plan of
				providers and practitioners using nationally standardized quality
				measures;
						.
			(b)Role of
			 QIOsSection 1902(d) of such Act (42 U.S.C. 1396a(d)) is
			 amended—
				(1)by
			 inserting (1) after (d); and
				(2)by adding at the
			 end the following new paragraph:

						(2)If a State contracts with a Quality
				Improvement Organization having a contract with the Secretary under part B of
				title XI for the performance of quality improvement program activities required
				by subsection (a)(30)(C), such requirements shall be deemed to be met for those
				activities by delegation to such an Organization if the contract provides for
				the performance of activities not inconsistent with part B of title XI and
				provides for such assurances of satisfactory performance by such an entity or
				organization as the Secretary may
				prescribe.
						.
				(c)FundingSection 1903(a)(3)(C) of such Act (42
			 U.S.C. 1396b(a)(3)(C)) is amended—
				(1)in clause (i), by
			 striking 1902(d) and inserting 1902(d)(1);
			 and
				(2)by adding at the
			 end the following new clause:

						(iii)75 percent of the sums expended with
				respect to costs incurred during such quarter (as found necessary by the
				Secretary for the proper and efficient administration of the State plan) as are
				attributable to the performance of quality improvement program activities under
				a contract entered into under section 1902(d)(2) by an organization holding a
				contract under section 1153;
				and
						.
				(d)Effective
			 dateThe amendments made by
			 this section shall apply to contract periods beginning after the date of the
			 enactment of this Act.
			9.Conforming name
			 to quality improvement organizationsPart C of title XI of the Social Security
			 Act is amended by striking utilization and quality control peer
			 review (and peer review) each place it appears before
			 organization or organizations and inserting
			 quality improvement.


116 HR 3084 IH: The Military Service Academy Foundation Act of 2019
U.S. House of Representatives
2019-06-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3084IN THE HOUSE OF REPRESENTATIVESJune 4, 2019Mr. Bacon (for himself, Mr. Conaway, and Mr. Banks) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo allow the Secretaries of the military departments to provide limited support to service academy
			 supporting foundations.

 1.Short titleThis Act may be cited as the The Military Service Academy Foundation Act of 2019. 2.Support of Military Service Academy foundations (a)Chapter 155 of title 10, United States Code, is amended by adding at the end the following new section:

					2616.Support of military service academy foundations
						(a)Authority
 (1)In generalNotwithstanding any other provision of law, the Secretary concerned may provide the following support to service academy supporting foundations:
 (A)ParticipationOfficial participation of any general or flag officer or Senior Executive Service employee assigned to a service academy, or official designated by the Secretary concerned. Participation under this subparagraph is limited to charitable fundraising activities and membership drives.
 (B)EndorsementEndorsement of supporting foundations, their events, and activities by those individuals who, under subparagraph (A), may officially participate in charitable fundraising or membership drives.
 (C)Logistical supportLogistical support, provided without reimbursement, and limited to the use of Department of Defense and Department of Homeland Security facilities and equipment (and the services of employees, necessary to make proper use of provided facilities or equipment), on a non-exclusive and non-interference basis, for an event or activity sponsored by the supporting foundation for the benefit of a service academy.
 (D)Trademarks and service marksAuthorization to use any trademarks and service marks owned or controlled by the Secretary concerned for purposes of this section.
 (2)No liability of the United StatesAny support under paragraph (1) may only be provided without any liability of the United States to the supporting foundation.
 (b)LimitationThe Secretary concerned shall ensure that support provided under subsection (a) does not— (1)reflect unfavorably on the ability of the Department of Defense, the Department of Homeland Security, their employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner;
 (2)compromise the integrity or appearance of integrity of any program of the Department of Defense, the Department of Homeland Security, or any individual involved in such a program;
 (3)conflict with the principles relating to gift solicitation, endorsement, and preferential treatment specified in section 2635 of title 5, Code of Federal Regulations, except as specifically authorized in subsection (a); or
 (4)utilize cadets or midshipmen to support the activities authorized in subsection (a). (c)Supporting foundations definedIn this section, supporting foundations are, as designated by the Secretary concerned, charitable, educational, or civic nonprofit organizations under section 501(c)(3) of the Internal Revenue Code of 1986, that operate exclusively to support recruiting; parent, alumni, academic, leadership and character development; athletic programs; and institutional development of a service academy..
 (b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:

						2616. Support of military service academy foundations..


116 HR 3828 IH: Launching Energy Advancement and Development through Innovations for Natural Gas Act of 2019
U.S. House of Representatives
2019-07-18
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. 3828IN THE HOUSE OF REPRESENTATIVESJuly 18, 2019Mr. Crenshaw (for himself, Mr. Cuellar, Mr. Lucas, Mr. Gonzalez of Texas, Mr. Flores, Mr. Lamb, and Mr. Walberg) introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyA BILLTo require the Secretary of Energy to establish a program for the research, development, and
			 demonstration of commercially viable technologies for the capture of
			 carbon dioxide produced during the generation of natural gas-generated
			 power.

 1.Short titleThis Act may be cited as the Launching Energy Advancement and Development through Innovations for Natural Gas Act of 2019. 2.Natural gas carbon capture research, development, and demonstration program (a)In generalSubtitle F of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by adding at the end the following:

					969.Natural gas carbon capture research, development, and demonstration program
 (a)DefinitionsIn this section: (1)Natural gasThe term natural gas includes any fuel consisting in whole or in part of—
 (A)natural gas; (B)liquid petroleum gas;
 (C)synthetic gas derived from petroleum or natural gas liquids; (D)any mixture of natural gas and synthetic gas; or
 (E)any product derived directly from natural gas, including hydrogen. (2)Qualifying electric generation facilityThe term qualifying electric generation facility means a facility that generates electric energy through the use of natural gas.
 (3)Qualifying technologyThe term qualifying technology means any technology to capture carbon dioxide produced during the generation of electricity from natural gas power systems.
							(b)Establishment of research, development, and demonstration program
 (1)In generalThe Secretary shall establish a program under which the Secretary shall, through a competitive, merit-reviewed process, award grants to eligible entities to conduct research, development, and demonstration of qualifying technologies.
 (2)ObjectivesThe objectives of the program established under paragraph (1) shall be— (A)to conduct research to accelerate the development of qualifying technologies to reduce the quantity of carbon dioxide emissions released from qualifying electric generation facilities, including—
 (i)pre- and post-combustion capture technologies; and (ii)technologies to improve the thermodynamics, kinetics, scalability, durability, and flexibility of carbon capture technologies for use during the generation of electricity from natural gas power systems;
 (B)to expedite and carry out demonstration projects (including pilot projects) for qualifying technologies in partnership with qualifying electric generation facilities in order to demonstrate the technical feasibility and economic potential for commercial deployment of technologies developed pursuant to subparagraph (A); and
 (C)to identify any barriers to the commercial deployment of any qualifying technologies under development pursuant to research conducted pursuant to subparagraph (A).
 (3)Eligible entitiesAn entity eligible to receive a grant under this subsection is— (A)a National Laboratory;
 (B)an institution of higher education; (C)a research facility;
 (D)a multi-institutional collaboration; or (E)another appropriate entity or combination of any of the entities specified in subparagraphs (A) through (D).
								(c)Carbon capture facilities demonstration program
 (1)EstablishmentAs part of the program established under paragraph (1), the Secretary shall establish a demonstration program under which the Secretary shall, through a competitive, merit-reviewed process, enter into cooperative agreements with entities that submit applications pursuant to paragraph (4) for demonstration or pilot projects to construct and operate, by not later than September 30, 2025, up to five facilities to capture carbon dioxide from qualifying electric generation facilities. The Secretary shall, to the maximum extent practicable, provide technical assistance to any entity seeking to enter into such a cooperative agreement in obtaining any necessary permits and licenses to demonstrate qualifying technologies.
 (2)Cooperative agreementsThe Secretary may enter into a cooperative agreement under this subsection with industry stakeholders, including any such industry stakeholder operating in partnership with National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.
 (3)GoalsEach demonstration or pilot project carried out pursuant to the demonstration program under this subsection shall—
 (A)be designed to further the development of qualifying technologies that may be used by a qualifying electric generation facility;
 (B)be financed in part by the private sector; (C)if necessary, secure agreements for the offtake of carbon dioxide emissions captured by qualifying technologies during the project; and
 (D)support energy production in the United States. (4)Request for applicationsNot later than 120 days after the date of enactment of this Act, the Secretary shall solicit applications for cooperative agreements for projects—
 (A)to demonstrate qualifying technologies at up to five qualifying electric generation facilities; and (B)to construct and operate three or more facilities to capture carbon dioxide from a qualifying electric generation facility.
 (5)Review of applicationsIn considering applications submitted under paragraph (4), the Secretary, to the maximum extent practicable, shall—
 (A)ensure a broad geographic distribution of project sites; (B)ensure that a broad selection of qualifying electric generation facilities are represented;
 (C)ensure that a broad selection of qualifying technologies are represented; (D)require information and knowledge gained by each participant in the demonstration program to be transferred and shared among all participants in the demonstration program; and
 (E)leverage existing— (i)public-private partnerships; and
 (ii)Federal resources. (d)Cost sharingIn carrying out this section, the Secretary shall require cost sharing in accordance with section 988.
 (e)Fee titleThe Secretary may vest fee title or other property interests acquired under cooperative agreements entered into under subsection (b)(4) in any entity, including the United States.
 (f)ReportNot later than 180 days after the date on which the Secretary solicits applications under subsection (c)(3), and annually thereafter, the Secretary shall submit to the appropriate committees of jurisdiction of the Senate and the House of Representatives a report that includes—
 (1)a detailed description of how applications for cooperative agreements under subsection (b) will be solicited and evaluated, including—
 (A)a list of any activities carried out by the Secretary to solicit or evaluate applications; and (B)a process for ensuring that any projects carried out under a cooperative agreement are designed to result in the development or demonstration of qualifying technologies;
								(2)
 (A)in the case of the first report under this subsection, a detailed list of technical milestones for the development and demonstration of each qualifying technology pursued under subsection (b); and
 (B)in the case of each subsequent report under this subsection, the progress made towards achieving such technical milestones during the period covered by the report; and
 (3)with respect to the demonstration program established under subsection (c), includes— (A)an estimate of the cost of licensing, permitting, constructing, and operating each carbon capture facility expected to be constructed under that demonstration program;
 (B)a schedule for the planned construction and operation of each demonstration or pilot project; and (C)an estimate of any financial assistance, compensation, or incentives proposed to be paid by the host State, Indian Tribe, or local government with respect to each facility.
 (g)FundingFor each of fiscal years 2020 through 2025, out of any amounts appropriated to the Department to carry out fossil energy research and development activities and not otherwise obligated, the Secretary may use to carry out this section not more than $50,000,000..
 (b)Clerical amendmentThe table of contents for the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600) is amended by inserting after the item relating to section 968 the following:

						Sec. 969. Natural gas carbon capture research, development, and demonstration program..


116 S3828 IS: Jobs to Fight COVID–19 Act of 2020
U.S. Senate
2020-05-21
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 CONGRESS2d SessionS. 3828IN THE SENATE OF THE UNITED STATESMay 21, 2020Mr. Schatz (for himself, Ms. Klobuchar, Mr. Whitehouse, Ms. Harris, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo establish an initiative for national testing, contact tracing, and pandemic response, and for other purposes.1.Short titleThis Act may be cited as the Jobs to Fight COVID–19 Act of 2020.2.DefinitionsExcept as otherwise explicitly provided, in this Act:(1)COVID–19The term COVID–19 means the novel coronavirus disease of 2019 (COVID–19).(2)Health professional shortage areaThe term health professional shortage area has the meaning given the term in section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)).(3)Medically underserved populationsThe term medically underserved population has the meaning given the term in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)). (4)SecretaryThe term Secretary means the Secretary of Labor.(5)StateThe term State refers to each of the 50 States and the District of Columbia.(6)TerritoryThe term territory means the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.(7)TribalThe term Tribal, with respect to a health department, includes—(A)Indian Tribes that—(i)are operating one or more health facilities pursuant to an agreement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); or(ii)receive services from a facility operated by the Indian Health Services; and (B)Tribal organizations and Native Hawaiian organizations, as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221), and urban Indian organizations. 3.Grants to support pandemic public works(a)DefinitionsIn this section:(1)In generalExcept as otherwise provided in this section or section 2, the terms in this section have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2)Apprenticeship; apprenticeship programThe term apprenticeship or apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019.(3)Contact tracing and pandemic response positionsThe term contact tracing and pandemic response positions means employment related to—(A)contact tracing, surveillance, containment, and mitigation activities needed to implement the national system under section 6; (B)other activities necessary for pandemic response, including cleaning and mitigation activities; and(C)activities necessary to respond to the economic impacts of COVID–19.(4)Eligible entityThe term eligible entity means—(A)a State or territory; (B)(i)an Indian Tribe, Tribal organization, Alaska Native entity, or Native Hawaiian organization as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221); or(ii)an Indian-controlled organization serving Indians as defined in such section 166; or(C)a unit of local government, if an entity described in subparagraph (A) has not applied with respect to the area over which the unit has jurisdiction by the deadline required under subsection (b)(2)(B).(5)Eligible individualThe term eligible individual means an individual seeking or securing employment in a contact tracing or pandemic response position and who is served by an eligible entity or community-based organization receiving funding under this section.(6)Unit of local governmentThe term unit of local government means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.(b)Grants(1)In generalSubject to the availability of appropriations under subsection (l), the Secretary shall award a grant to each eligible entity that submits a complete application under subsection (c), to enable the eligible entity to—(A) as applicable, support the recruitment, placement, and training of, and provide employment to, eligible individuals seeking employment in contact tracing and pandemic response positions; and(B)assist with the employment transition to new employment or education and training of individuals employed under this section in preparation for and upon termination of such employment.(2)Timeline(A)Deadline for Secretary application requirementsThe Secretary shall issue application requirements under subsection (c) not later than 10 days after the date of enactment of this Act.(B)State and Tribal applicationsThe deadline for applications from eligible entities described in subparagraph (A) or (B) of subsection (a)(4) shall be the date that is 30 days after the date the Secretary issues application requirements under subparagraph (A).(C)Applications for local governments serving as eligible entitiesThe deadline for applications for grants from eligible entities described in subsection (a)(4)(C) shall be the date that is 10 days after the date that applications are due under subparagraph (B). (D)Grant awardsThe Secretary shall award a grant to an eligible entity under paragraph (1) not later than 15 days after the date on which applications are due under subparagraph (C). (c)Grant applicationAn eligible entity applying for a grant under this section shall submit an application to the Secretary, at such time and in such form and manner as the Secretary may reasonably require, which shall include a description of—(1)how the eligible entity will, as applicable, support the recruitment, placement, and training of, and provide employment to, of eligible individuals seeking employment in contact tracing and pandemic response positions;(2)how the activities described in paragraph (1) will support State efforts to address the demand for contact tracing and pandemic response positions with respect to—(A)the State plans referred to in the heading Public Health and Social Services Emergency Fund in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139); and(B)the number of eligible individuals that the State plans to recruit, train, and employ under the plans described in subparagraph (A);(3)the specific strategies for recruiting, placement, and employment of eligible individuals from or residing within the communities in which they will work, including—(A)plans for the recruitment of eligible individuals to serve in contact tracing or pandemic response positions, including dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, self-employed individuals who are unemployed as a result of COVID–19, or underemployed or furloughed workers, who are from or reside in or near the locality in which they will serve, and who, to the extent practicable—(i)have experience or a background in industry sectors and occupations such as public health, social services, customer service, case management, or occupations that require related qualifications, skills, or competencies, such as strong interpersonal and communication skills, needed for contact tracing or pandemic response positions; or(ii)seek to transition to public health and public health related occupations upon the conclusion of employment in contact tracing or pandemic response positions; and(B)how such strategies will take into account the diversity of such community, including racial, ethnic, socioeconomic, linguistic, or geographic diversity;(4)the amount, timing, and mechanisms for distribution of funds provided to local units of government or through subgrants as described in subsection (d)(2)(A) or (e);(5)for eligible entities described in subparagraph (A) or (B) of subsection (a)(4), a description of how the eligible entity will ensure the equitable distribution of funds with respect to—(A)geography (such as urban and rural distribution);(B)medically underserved populations;(C)health professional shortage areas; and(D)the racial and ethnic diversity of the area; and(6)for eligible entities described in subsection (a)(4)(C), a description of how a grant to such eligible entity would serve the equitable distribution of funds as described in paragraph (5); and(7)how the eligible entity will collaborate with State boards and local boards, the unemployment compensation system of the State, and the employment service offices (providing services under the Wagner-Peyser Act (29 U.S.C. 50 et seq.)) of the State regarding the State reemployment services and eligibility assessment activities and the activities provided under this section. (d)Grant distribution(1)Federal distribution(A)Use of funds The Secretary shall use the funds appropriated to carry out this section as follows:(i)Subject to clause (ii), the Secretary shall distribute funds among eligible entities that submit a complete application under subsection (c) in accordance with a formula to be established by the Secretary that—(I)provides a minimum level of funding to each eligible entity that submits a complete application; and (II)allocates additional funding as follows:(aa)The formula shall give first priority based on the number and proportion of contact tracing or pandemic response positions for which the eligible entity plans to recruit, place, train, and employ individuals as a part of the State strategy described in subsection (c)(2)(A).(bb)The formula shall give second highest priority to applications that will serve States, territories, Indian Tribes, or Native Hawaiian populations that have the highest unemployment rates, as determined based on the most recent data available.(cc)The formula shall give third highest priority to applicants proposing to serve populations in one or more geographic regions with a high burden of COVID–19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary.(dd)The formula shall give fourth highest priority to applicants preparing for, or currently working to mitigate, a COVID–19 surge in a geographic region that does not yet have a high number of reported cases of COVID–19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary.(ee)The formula shall give fifth highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary.(ii)Not more than 2 percent of the funding for administration of the grants and for providing technical assistance to recipients of funds under this section.(B)Equitable distributionIf the geographic region served by one or more eligible entities overlaps, the Secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under subsection (c)(5). (2)Eligible entity use of fundsAn eligible entity described in subsection (a)(4)(A)—(A)shall, not later than 30 days after the date on which the entity receives grant funds under this section, use not less than 40 percent of grant funds to award subgrants to units of local government for the purpose of carrying out activities described in subsection (f);(B)may use not more than 5 percent of such funds to make subgrants to community-based organizations in the service area to conduct outreach, to potential eligible individuals, as described in subsection (e);(C)in providing subgrants to units of local government under subparagraph (A) and awarding subgrants under subsection (e), shall ensure the equitable distribution with respect to the factors described in subsection (c)(5); and(D)may use not more than 10 percent of the funds awarded under this section for the administrative costs of carrying out the grant and for providing technical assistance to local units of government and community-based organizations. (e)Outreach and education subgrant authorization and application process(1)In generalAn eligible entity receiving a grant under this section may use a portion of such funds to award a subgrant to one or more community-based organizations for the purposes of partnering with an eligible entity to conduct outreach and education activities to inform potentially eligible individuals about employment opportunities in contact tracing or pandemic response positions.(2)ApplicationA community-based organization desiring a subgrant under this subsection shall submit an application at such time and in such manner as the eligible entity may reasonably require, including—(A)a demonstration of the community-based organization’s established expertise and effectiveness in community outreach in the locality that such organization plans to serve;(B)a demonstration of the community-based organization’s expertise in providing employment or information to the locality in which such organization plans to serve; and(C)a description of the expertise of the community-based organization in utilizing culturally competent and multilingual strategies in the provision of services. (f)Eligible activitiesAn eligible entity receiving a grant, or a unit of local government receiving a subgrant from an eligible entity, under this section shall use such grant or subgrant funds— (1)to support the recruitment and placement of eligible individuals;(2)to employ eligible individuals in contact training or pandemic response positions;(3)to support the training and employment transition as related to contact tracing or pandemic response positions; and (4)for the following activities:(A)Establishing or expanding training partnerships with—(i)community-based health providers, including community health centers and rural health clinics;(ii)labor organizations or joint labor management organizations;(iii)2-year and 4-year institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including institutions eligible to receive funds under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and(iv)community action agencies or other community-based organizations serving localities in which there is a demand for contact tracing or pandemic response positions. (B)Providing training for contact tracing or pandemic response positions in coordination with State, local, Tribal, or territorial health departments that is consistent with the State or territorial testing and contact tracing strategy and ensuring that eligible individuals receive compensation while participating in such training. (C)Providing eligible individuals with—(i)adequate and safe equipment, environments, and facilities for training and supervision, as applicable;(ii)supplies and equipment needed by the program participants to support placement of an individual in contact tracing or pandemic response positions, as applicable; and(iii)services for the period during which the individual is employed in a contact tracing or pandemic response position to ensure job retention, which may include—(I)supportive services throughout the term of employment; or(II)a continuation of skills training as related to employment in a contact tracing or pandemic response position, that is conducted in collaboration with the employers of such participants.(5)Supporting the transition and placement in unsubsidized employment for eligible individuals serving in the contact tracing or pandemic response positions after such positions are no longer necessary in the State or locality, which may include—(A)providing additional disaster relief employment and employment and training activities described in subparagraphs (A) and (C) of section 170(d)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(1)) and services described in section 7(a)(1) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(1)); (B)providing services to assist eligible individuals in maintaining employment for not less than 12 months after the completion of employment in contact tracing or pandemic response positions, as appropriate; and(C)assisting eligible individuals in obtaining other employment directly with the eligible entity, or with a unit of local government, after serving in a contact tracing or pandemic response position supported under this section, by paying for the costs of not more than 10 percent of the total compensation provided by the eligible entity or unit of local government to such eligible individual for a period of not more than the first year in which the individual is so employed, if such employment is not otherwise subsidized under this or any other Act. (g)Requirements for transition back to unemployment compensationAs a condition of an eligible entity that is a State receiving a grant under this section, the State law (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) of the State shall, in the case of an individual who is receiving unemployment compensation under at the time the individual enrolls in a program funded under the grant, provide for the following:(1)Such individual shall be eligible to resume receiving unemployment compensation after leaving such program if the individual is unemployed.(2)The amount of the weekly benefit amount for such individual shall be the greater of—(A)the weekly benefit amount such individual was receiving when such individual entered the program; or(B)a weekly benefit amount that is determined based on such individual's earnings from employment under the program.(h)Limitations(1)Extension of period for contact tracing or pandemic response positionsA person may be employed in a contact tracing or pandemic response position using funds under this section for a period not greater than 2 years.(2)Prohibition of displacementAn individual placed in a contact tracing or pandemic response position under this section shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits)—(A)any employee of the eligible entity; or (B)any contractor, or employee of any contractor, of the eligible entity. (i)Reporting by the Department of Labor(1)In generalNot later than 120 days of the enactment of this Act, and once grant funds have been expended under this section, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, and make publicly available, a report containing a description of—(A)the number of eligible individuals recruited, hired, and trained for contact tracing or pandemic response positions under this section;(B)the number of individuals successfully transitioned to unsubsidized employment or training at the completion of employment in contact tracing or pandemic response positions using funds under this Act;(C)the number of such individuals who were unemployed prior to being hired or trained as described in subparagraph (A);(D)the performance of each program supported by funds under this Act with respect to the indicators of performance under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141), as applicable;(E)the number of individuals in unsubsidized employment within 6 months and 1 year, respectively, of the conclusion of employment in contact tracing or pandemic response positions, the quarterly wages, and number of hours worked per week, of such individuals, and, of those individuals, the number of individuals within a State, territorial, or local public health department in an occupation related to public health; and (F)any information on how eligible entities, units of local government, or community-based organizations that received funding under this section were able to support the goals of the national system for COVID–19 testing, contact tracing, surveillance, containment, and mitigation established under section 6.(2)DisaggregationAll data reported under paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and, with respect to individuals with barriers to employment, subpopulation of such individuals, except for when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant.(j)Special ruleAny funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in subsection (a), including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program.(k)Information sharing requirement for HHSThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall provide the Secretary of Labor, acting through the Assistant Secretary of the Employment and Training Administration, with information on grants under section 7, including—(1) the formula used to award such grants to State, local, Tribal, and territorial health departments;(2)the dollar amounts of and scope of the work funded under such grants;(3)the geographic areas served by eligible entities that receive such grants; and(4)the number of individual to be hired in contact tracing or pandemic response positions using such grants.(l)Authorization of appropriationsOf the amounts appropriated to carry out this Act under section 9, $100,000,000,000 shall be used by the Secretary to carry out subsections (a) through (h).4.Service Contract Act applicationContracts and grants that include contact tracing or other pandemic response activities as part of the scope of work and that are awarded under this Act shall require that individuals in contact tracing and pandemic response positions are paid not less than the prevailing wage and fringe rates required under chapter 67 of title 41, United States Code (commonly known as the Service Contract Act) for the area in which the work is performed. To the extent that a nonstandard wage determination is required to establish a prevailing wage for contact tracing or pandemic response positions for purposes of this Act, the Secretary of Labor shall issue such determination not later than 14 days after the date of enactment of this Act, based on a job description used by the Centers for Disease Control and Prevention and contractors or grantees performing contact tracing or pandemic response activities for State public health agencies. 5.Awareness campaigns(a)In generalThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall award competitive grants or contracts to one or more public entities to carry out multilingual and culturally appropriate awareness campaigns. Such campaigns shall—(1)be based on available scientific evidence;(2)increase awareness and knowledge of COVID–19, including countering stigma associated with COVID–19;(3)improve information on the availability of COVID–19 diagnostic testing; (4)promote cooperation with contact tracing efforts; and(5)promote employment opportunities performing contact tracing and other pandemic response activities. (b)Authorization of appropriationsOf the amounts appropriated to carry out this Act under section 9, $5,000,000,000 shall be used by the Secretary to carry out this section.6.National system for COVID–19 testing, contact tracing, surveillance, containment, and mitigation(a)In generalThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and in coordination with the applicable offices of the Department of Health and Human Services and State, local, Tribal, and territorial health departments, shall establish and implement a nationwide evidence-based system for— (1)testing, contact tracing, surveillance, containment, and mitigation with respect to COVID–19; (2)offering guidance on voluntary isolation and quarantine of individuals infected with, or exposed to individuals infected with, the virus that causes COVID–19; and(3)public reporting on testing, contact tracing, surveillance, and voluntary isolation and quarantine activities with respect to COVID–19.(b)Coordination; technical assistanceIn carrying out the national system under this section, the Secretary of Health and Human Services shall—(1)coordinate State, local, Tribal, and territorial activities related to testing, contact tracing, surveillance, containment, and mitigation with respect to COVID–19, as appropriate; and(2)provide technical assistance for such activities, as appropriate.(c)ConsiderationIn establishing and implementing the national system under this section, the Secretary of Health and Human Services shall take into consideration the State and Tribal plans referred to in the heading Public Health and Social Services Emergency Fund in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139).(d)ReportingThe Secretary of Health and Human Services shall—(1)not later than December 31, 2020, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a preliminary report on the effectiveness of the activities carried out pursuant to this Act; and(2)not later than December 21, 2021, submit to such committees a final report on such effectiveness.7.Health department grants(a)Definition of SecretaryIn this section, the term Secretary means the Secretary of Health and Human Services.(b)Grants authorizedTo implement the national system under section 6, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, subject to the availability of appropriations, award grants to State, local, Tribal, and territorial health departments that seek grants under this section to carry out coordinated testing, contact tracing, surveillance, containment, and mitigation with respect to COVID–19, including—(1)diagnostic and surveillance testing and reporting;(2)community-based contact tracing efforts; and(3)policies related to voluntary isolation and quarantine of individuals infected with, or exposed to individuals infected with, the virus that causes COVID–19.(c)FlexibilityThe Secretary shall ensure that—(1)the grants under subsection (b) provide flexibility for State, local, Tribal, and territorial health departments to modify, establish, or maintain evidence-based systems; and (2)local health departments receive funding from State health departments or directly from the Centers for Disease Control and Prevention to contribute to such systems, as appropriate.(d)Allocations(1)FormulaThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall allocate amounts made available pursuant to subsection (b) in accordance with a formula, to be established by the Secretary, that—(A)provides a minimum level of funding to each State, local, Tribal, and territorial health department that seeks a grant under this section; and (B)allocates additional funding based on the following prioritization:(i)The Secretary shall give highest priority to applicants proposing to serve populations in one or more geographic regions with a high burden of COVID–19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary.(ii)The Secretary shall give second highest priority to applicants preparing for, or currently working to mitigate, a COVID–19 surge in a geographic region that does not yet have a high number of reported cases of COVID–19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary.(iii)The Secretary shall give third highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary.(2)NotificationNot later than the date that is 7 days before first awarding grants under this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a notification detailing the formula established under paragraph (1) for allocating amounts made available pursuant to subsection (b).(e)Use of fundsA State, local, Tribal, or territorial health department receiving a grant under this section shall, to the extent possible, use the grant funds for activities determined appropriate by the Director of the Centers for Disease Control and Prevention (in coordination with Tribal health organizations) to implement the national system under section 6. (f)Reporting(1)In generalThe Secretary shall facilitate mechanisms for timely, standardized reporting by grantees under this section regarding implementation of the systems established under this section and coordinated processes with the reporting as required under the heading Public Health and Social Service Emergency Fund in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139, 134 Stat. 620), including—(A)a summary of county or local health department level information from the entities receiving funding under this section about the activities that will be undertaken using funding awarded under this section, including subgrants; and(B)any barriers in the prevention, testing, mitigation, or treatment of COVID–19 under this section.(2)Tribal data sovereigntyThe Secretary shall consult with Indian Tribes and Tribal organizations and coordinate with Tribal health organizations to ensure that any reporting process under this section honors and preserves the data sovereignty of individuals who are members of Indian Tribes or Tribal organizations (as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221)), including individuals who are members of Native Hawaiian organizations (as defined in such section 166), and urban Indian organizations. (g)Public listing of awardsThe Secretary shall—(1)not later than 7 days after first awarding grants under this section, post in a searchable, electronic format a list of all awards made by the Secretary under this section, including the recipients and amounts of such awards; and(2)update such list not less than once every 7 days until all funds made available to carry out this section are expended.(h)Authorization of appropriationsOf the amounts appropriated to carry out this Act under section 9, $15,000,000,000 shall be used by the Secretary to carry out this section.8.Guidance and technical assistance(a)Department of Health and Human Services guidelines(1)In generalNot later than 14 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in coordination with the heads of other Federal agencies as appropriate, shall issue guidance, provide technical assistance, and provide information to States, units of local government, Tribes, and territories, with respect to the following: (A)Best practices regarding contact tracing, including the collection of data with respect to such contact tracing and requirements related to the standardization of demographic and syndromic information collected as part of contact tracing efforts. (B)Best practices regarding COVID–19 disease surveillance, including best practices to reduce duplication in surveillance activities, identifying gaps in surveillance and surveillance systems, and ways in which the Secretary of Health and Human Services plans to effectively support State, local, Tribal and territorial health departments in addressing such gaps.(C)Information on ways for State, local, Tribal, and territorial health departments to establish and maintain the contact tracing and surveillance activities described in subparagraphs (A) and (B). (D)Best practices regarding privacy and cybersecurity protection related to contact tracing, containment, and mitigation efforts. (2)CommunicationThe Secretary of Health and Human Services shall identify and publicly announce the form and manner for communication with State, local, Tribal, and territorial health departments for purposes of carrying out the activities addressed by guidance issued under paragraph (1).(b)Labor and workplace related guidanceNot later than 14 days after the date of enactment of this Act, the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall provide guidance and technical assistance regarding how to provide individuals in contact tracing and pandemic response positions with healthy and safe working conditions.(c)Ongoing provision of guidance and technical assistanceNotwithstanding whether funds are available specifically to carry out this Act, guidance and technical assistance shall continue to be provided under this section.9.Authorization of appropriationsThere are authorized to be appropriated to carry out this Act, $125,000,000,000 to remain available until expended.


114 SRES 377 ATS: Directing the Senate Legal Counsel to bring a civil action to enforce a subpoena of the Permanent Subcommittee on Investigations.
U.S. Senate

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III114th CONGRESS2d SessionS. RES. 377IN THE SENATE OF THE UNITED STATESFebruary 29, 2016Mr. Johnson, from the Committee on Homeland Security and Governmental Affairs, reported the following original resolution; which was placed on the calendarMarch 17, 2016Considered and agreed toRESOLUTIONDirecting the Senate Legal Counsel to bring a civil action to enforce a subpoena of the Permanent
			 Subcommittee on Investigations.

 Whereas the Senate Permanent Subcommittee on Investigations (in this preamble referred to as the Subcommittee) is currently conducting a duly authorized investigation of human trafficking on the Internet pursuant to section 12(e)(3) of Senate Resolution 73, 114th Congress, agreed to February 12, 2015, which authorizes the Subcommittee to issue subpoenas for the production of documents;
 Whereas on October 1, 2015, the Subcommittee issued a duly authorized subpoena to Carl Ferrer, Chief Executive Officer of Backpage.com, LLC, directing him to produce certain documents to the Subcommittee by 10:00 a.m. on October 23, 2015;
 Whereas on October 23, 2015, counsel for Mr. Ferrer and Backpage.com, LLC submitted to the Subcommittee legal objections to the compelled production of documents under the subpoena issued by the Subcommittee and declined to comply with the subpoena;
 Whereas, having considered the legal objections that had been submitted by counsel for Mr. Ferrer and Backpage.com, LLC, on November 3, 2015, the Subcommittee overruled those objections in their entirety and ordered and directed that Mr. Ferrer comply with the subpoena issued by the Subcommittee by 10:00 a.m. on November 12, 2015;
 Whereas Mr. Ferrer has refused to comply with the subpoena issued by the Subcommittee as ordered and directed by the Subcommittee; and
 Whereas under sections 703(b) and 705 of the Ethics in Government Act of 1978 (2 U.S.C. 288b(b) and 288d), the Senate Legal Counsel shall bring a civil action under section 1365 of title 28, United States Code, to enforce a subpoena of a Senate subcommittee when directed to do so by the adoption of a resolution by the Senate: Now, therefore, be it

 That the Senate Legal Counsel shall bring a civil action in the name of the Senate Permanent Subcommittee on Investigations to enforce the subpoena issued by the Subcommittee to Carl Ferrer, Chief Executive Officer of Backpage.com, LLC, and that the Senate Legal Counsel shall conduct all related civil contempt proceedings.


114 HR 5605 IH: Wetland Determinations Efficiency and Transparency Act
U.S. House of Representatives
2016-06-28
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 5605IN THE HOUSE OF REPRESENTATIVESJune 28, 2016Mrs. Noem (for herself, Mr. Cramer, and Mr. Peterson) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo amend the Food Security Act of 1985 with respect to the administration of wetland
			 determinations, and for other purposes.

 1.Short titleThis Act may be cited as the Wetland Determinations Efficiency and Transparency Act. 2.Administration of wetland determinationsSection 1222(a) of the Food Security Act of 1985 (16 U.S.C. 3822(a)) is amended—
 (1)in paragraph (1), by striking subsection (b) and paragraph (6) and inserting subsection (b), paragraphs (6) and (7), and paragraphs (1)(B) and (2) of section 1244(e); and (2)by adding at the end the following:

					(7)Administration
						(A)Timely completion
 (i)In generalThe Secretary, acting through the Chief of the Natural Resources Conservation Service, shall ensure the completion of a wetland delineation, determination, or certification by the date that is 60 days after the date on which a person subject to this subtitle requests the delineation, determination, or certification.
 (ii)Effect of delayIf a wetland delineation, determination, or certification is not completed by the date described in clause (i), upon completion of the wetland delineation, determination, or certification, the Secretary shall provide for a reasonable transition period for coming into compliance with the wetland delineation, determination, or certification, as necessary, and a person shall not become ineligible under section 1221 for program loans or payments as a result of actions taken, between the date described in clause (i) and the date on which such transition period ends, in violation of the wetland delineation, determination, or certification.
 (B)Final agency actionA wetland delineation, determination, or certification made by the Secretary shall be considered a final agency action subject to judicial review, and a person challenging a wetland delineation, determination, or certification shall not be required to exhaust all administrative remedies prior to bringing a suit in Federal court.
 (C)Duty to discloseIn the case of a wetland delineation, determination, or certification for which there exists a dispute, the Secretary shall make available a copy of the agency record, to a person involved in the dispute who requests such a copy, not later than 30 days after the date on which the person makes the request.
 (D)Burden of proofIn the case of a wetland delineation, determination, or certification for which there exists a dispute, the Secretary shall bear the burden of proof by a preponderance of the evidence.
 (E)Effect on existing processNothing in this paragraph shall be construed to prohibit a person challenging a wetland delineation, determination, or certification from using the administrative appeal process in place before the date of enactment of this paragraph..
			3.Technical assistance permitted
 Section 1244(e) of the Food Security Act of 1985 (16 U.S.C. 3844(e)) is amended to read as follows:  (e)Provision of technical assistance by other sources (1)Third-party technical assistance permittedThe Secretary shall permit a person to secure technical assistance from an approved source, as determined by the Secretary, other than the Natural Resources Conservation Service—
 (A)in the preparation and application of a conservation plan under subtitle B or similar plan required as a condition for assistance from the Department of Agriculture; and
 (B)in the preparation of a wetland delineation or determination to submit to the Secretary under section 1222.
 (2)RejectionIf the Secretary rejects a technical determination made by an approved source pursuant to paragraph (1)(A), or a wetland delineation or determination made by an approved source pursuant to paragraph (1)(B), the basis of the Secretary's rejection must be supported by documented evidence..
 4.Date of return of wetland characteristicsSection 1222(b)(1)(G) of the Food Security Act of 1985 (16 U.S.C. 3822) is amended by striking after that date and inserting after such original conversion.


116 S2263 IS: CO2 Regulatory Certainty Act
U.S. Senate
2019-07-25
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II116th CONGRESS1st SessionS. 2263IN THE SENATE OF THE UNITED STATESJuly 25, 2019Mr. Hoeven (for himself, Mr. Daines, Mrs. Hyde-Smith, Mr. Wicker, and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to enhance the requirements for secure geological
			 storage of carbon oxide for purposes of the carbon oxide sequestration
			 credit, and for other purposes.

 1.Short titleThis Act may be cited as the CO2 Regulatory Certainty Act. 2.Secure geological storage of carbon oxide (a)In generalParagraph (2) of section 45Q(f) of the Internal Revenue Code of 1986 is amended to read as follows:

					(2)Secure geological storage
 (A)In generalThe Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Secretary of the Interior, shall establish regulations for determining adequate security measures for the geological storage of carbon oxide under subsection (a) such that the carbon oxide does not escape into the atmosphere. Such term shall include storage at deep saline formations, oil and gas reservoirs (including storage associated with qualified enhanced oil or natural gas recovery projects), and unminable coal seams under such conditions as the Secretary may determine under such regulations.
 (B)RequirementsThe regulations established pursuant to subparagraph (A) shall provide that— (i)for purposes of paragraph (1)(B) or (3)(B) of subsection (a), carbon oxide shall be considered disposed of in secure geological storage if such carbon oxide is stored in compliance with rules promulgated by the Environmental Protection Agency under subpart RR of part 98 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Clean Air Act (42 U.S.C. 7401 et seq.) and rules under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) which are applicable to carbon oxide disposed of in secure geological storage and not used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, and
 (ii)for purposes of paragraph (2)(B)(i) or (4)(B)(i) of subsection (a), carbon oxide shall be considered disposed of in secure geological storage at a qualified enhanced oil or natural gas recovery project if—
 (I)such carbon oxide is injected in compliance with rules promulgated by the Environmental Protection Agency which are applicable to carbon oxide used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project under subpart C of part 146 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Safe Drinking Water Act, to the extent such rules are applicable to Class II wells,
 (II)the injection of such carbon oxide at such project is reported in compliance with subpart UU of part 98 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Clean Air Act,
 (III)the supply of such carbon oxide to such project is reported in compliance with subpart PP of part 98 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Clean Air Act,
 (IV)the atmospheric emission of such carbon oxide from such project is reported in compliance with subparts C and W of part 98 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), under the Clean Air Act, to the extent such subparts are applicable to such project, and
 (V)the demonstration and documentation of the containment, monitoring and quantification of such carbon oxide conforms to ISO 27916:2019 (entitled Carbon dioxide capture, transportation and geological storage - Carbon dioxide storage using enhanced oil recovery (CO2-EOR)) or the equivalent standard of the American National Standards Institute..
 (b)Qualified enhanced oil or natural gas recovery projectParagraph (2) of section 45Q(e) of the Internal Revenue Code of 1986 is amended— (1)by striking by substituting and inserting “determined—

 (A)by substituting—, (2)by striking the period and inserting , and, and
 (3)by inserting at the end the following:  (B)without regard to subparagraph (A)(iii) thereof..


117 HR 799 IH: Tax Identity Protection Act
U.S. House of Representatives
2021-02-04
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EN
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I117th CONGRESS1st SessionH. R. 799IN THE HOUSE OF REPRESENTATIVESFebruary 4, 2021Mr. Carter of Georgia (for himself, Mr. Hice of Georgia, Mr. DesJarlais, Mr. Weber of Texas, Mrs. Hinson, and Mr. Baird) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo require the Commissioner of Internal Revenue to submit a report on the Taxpayer Identification Number Perfection Program.
1.Short titleThis Act may be cited as the Tax Identity Protection Act. 2.Report on the Taxpayer Identification Number Perfection ProgramThe Commissioner of Internal Revenue shall, not later than the date that is 2 years after the date of the enactment of this Act, submit to Congress a report on the Taxpayer Identification Number Perfection Program, including an explanation of the extent to which such information could be used to identify individuals receiving W–2 wages without work authorization.


		III
		110th CONGRESS
		1st Session
		S. RES. 400
		IN THE SENATE OF THE UNITED STATES

			December 11, 2007
			Mr. Inouye (for himself,
			 Mr. Brownback, Mr. Dorgan, Mr.
			 Bingaman, Mrs. Clinton,
			 Ms. Cantwell, Mr. Cochran, Mr.
			 Johnson, Mr. Conrad,
			 Mr. Domenici, Mr. Akaka, Mrs.
			 Boxer, Mrs. Feinstein,
			 Mr. Stevens, Mr. Baucus, and Mr.
			 Tester) submitted the following resolution; which was referred to
			 the Committee on the
			 Judiciary

		RESOLUTION
		To designate Friday, November 23, 2007, as Native
		  American Heritage Day in honor of the achievements and contributions of
		  Native Americans to the United States.

		Whereas Native Americans are the descendants of the
			 aboriginal, indigenous, native people who were the original inhabitants of and
			 who governed the lands that now constitute the United States;
		Whereas Native Americans have volunteered to serve in the
			 United States Armed Forces and have served with valor in all of the Nation’s
			 military actions from the Revolutionary War through the present day, and in
			 most of those actions, more Native Americans per capita served in the Armed
			 Forces than any other group of Americans;
		Whereas Native American tribal governments developed the
			 fundamental principles of freedom of speech and separation of governmental
			 powers that were a model for those that form the foundation of the United
			 States Constitution;
		Whereas the Founding Fathers based the provisions of the
			 Constitution on the unique system of democracy of the Six Nations of the
			 Iroquois Confederacy, which divided powers among the branches of government and
			 provided for a system of checks and balances;
		Whereas Native Americans have made distinct and
			 significant contributions to the United States and the rest of the world in
			 many fields, including agriculture, medicine, music, language, and art, and
			 Native Americans have distinguished themselves as inventors, entrepreneurs,
			 spiritual leaders, and scholars;
		Whereas Native Americans should be recognized for their
			 contributions to the United States as local and national leaders, artists,
			 athletes, and scholars;
		Whereas nationwide recognition of the contributions that
			 Native Americans have made to the fabric of American society will afford an
			 opportunity for all Americans to demonstrate their respect and admiration of
			 Native Americans for their important contributions to the political, cultural,
			 and economic life of the United States;
		Whereas nationwide recognition of the contributions that
			 Native Americans have made to the Nation will encourage self-esteem, pride, and
			 self-awareness in Native Americans of all ages;
		Whereas designation of the Friday following Thanksgiving
			 as Native American Heritage Day will underscore the government-to-government
			 relationship between the United States and Native American governments;
			 and
		Whereas designation of Native American Heritage Day will
			 encourage public elementary and secondary schools in the United States to
			 enhance understanding of Native Americans by providing curricula and classroom
			 instruction focusing on the achievements and contributions of Native Americans
			 to the Nation: Now, therefore, be it

		that the Senate—
			(1)designates Friday, November 23, 2007, as
			 Native American Heritage Day; and
			(2)encourages the
			 people of the United States, as well as Federal, State, and local governments
			 and interested groups and organizations to observe Native American Heritage Day
			 with appropriate programs, ceremonies, and activities, including activities
			 related to—
				(A)the historical
			 and constitutional status of Native American tribal governments as well as the
			 present day status of Native Americans;
				(B)the cultures,
			 traditions, and languages of Native Americans; and
				(C)the rich Native
			 American cultural legacy that all Americans enjoy today.


115 S1333 : Tribal HUD–VASH Act of 2017
U.S. Senate

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		IC
		115th CONGRESS2d Session
		S. 1333
		IN THE HOUSE OF REPRESENTATIVES

			May 25, 2018
			Referred to the Committee on Financial Services

		AN ACT
		To provide for rental assistance for homeless or at-risk Indian veterans.

 1.Short titleThis Act may be cited as the Tribal HUD–VASH Act of 2017. 2.Rental assistance for homeless or at-risk Indian veteransSection 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following:

				(D)Indian veterans housing rental assistance program
 (i)DefinitionsIn this subparagraph: (I)Eligible Indian veteranThe term eligible Indian veteran means an Indian veteran who is—
 (aa)homeless or at risk of homelessness; and (bb)living—
 (AA)on or near a reservation; or (BB)in or near any other Indian area.
 (II)Eligible recipientThe term eligible recipient means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).
 (III)Indian; Indian areaThe terms Indian and Indian area have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
 (IV)Indian veteranThe term Indian veteran means an Indian who is a veteran. (V)ProgramThe term Program means the Tribal HUD–VASH program carried out under clause (ii).
 (VI)Tribal organizationThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
 (ii)Program specificationsThe Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the Tribal HUD–VASH program, in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans.
					(iii)Model
 (I)In generalExcept as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs.
						(II)Exceptions
 (aa)Secretary of Housing and Urban DevelopmentAfter consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.
 (bb)Secretary of Veterans AffairsAfter consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.
 (iv)Eligible recipientsThe Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients.
 (v)Funding criteriaThe Secretary shall award grants under the Program based on— (I)need;
 (II)administrative capacity; and (III)any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs.
 (vi)AdministrationGrants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that recipients shall—
 (I)submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and
 (II)provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans.
						(vii)Consultation
 (I)Grant recipients; tribal organizationsThe Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program.
 (II)Indian Health ServiceThe Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program.
						(viii)Waiver
 (I)In generalExcept as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans.
 (II)ExceptionThe Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.
 (ix)Renewal grantsThe Secretary may— (I)set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and
 (II)specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program.
						(x)Reporting
 (I)In generalNot later than 1 year after the date of enactment of the Tribal HUD–VASH Act of 2017, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall—
 (aa)conduct a review of the implementation of the Program, including any factors that may have limited its success; and
 (bb)submit a report describing the results of the review under item (aa) to— (AA)the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and
 (BB)the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.
 (II)Analysis of housing stock limitationThe Secretary shall include in the initial report submitted under subclause (I) a description of— (aa)any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program;
 (bb)the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and
 (cc)proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program..
		Passed the Senate May 23, 2018.Julie E. Adams,Secretary