Ocean-Based Climate Solutions Act of 2022 This bill establishes a variety of requirements to reduce carbon emissions and protect oceans, coastal habitats, marine mammals, and fish populations from climate change and other threats.
Environmental Justice For All Act This bill establishes several environmental justice requirements, advisory bodies, and programs and modifies the scope of environmental review under the National Environmental Policy Act of 1969. The bill sets forth provisions to address the disproportionate adverse human health or environmental effects of federal laws or programs on communities of color, low-income communities, or tribal and indigenous communities. It also prohibits disparate impacts on the basis of race, color, or national origin as discrimination. Aggrieved persons may seek legal remedy when faced with such discrimination. In addition, the bill directs agencies to follow certain requirements concerning environmental justice. For example, agencies must prepare community impact reports that assess the potential impacts of their actions on environmental justice communities under certain circumstances. It also raises coal, oil, and gas royalty rates to create a funding source to support fossil fuel-dependent communities and displaced workers as they transition away from fossil fuel industries. Additionally, the bill creates a variety of advisory bodies and positions, such as the White House Environmental Justice Interagency Council. Among other things, the council must issue an environmental justice strategy. It also establishes requirements and programs concerning chemicals or toxic ingredients in certain products. For example, the bill (1) requires certain products (e.g., cosmetics) to include a list of ingredients or warnings; and (2) provides grants for research on designing safer alternatives to chemicals in certain consumer, cleaning, toy, or baby products that have an inherent toxicity or that are associated with chronic adverse health effects. Finally, it creates a variety of funding programs, such as a grant program to enhance access to park and recreational opportunities in urban areas.
This act designates the facility of the United States Postal Service located at 6000 South Florida Avenue in Lakeland, Florida, as the U.S. Marine Corporal Ronald R. Payne Jr. Post Office.
American Choice and Innovation Online Act This bill prohibits certain large online platforms from engaging in specified acts, including giving preference to their own products on the platform, excluding or disadvantaging competing products from another business on the platform, or discriminating among similarly situated users. Further, a platform may not materially restrict or impede the capacity of a competing business user to access or interoperate with the same platform, operating system, or hardware or software features. The bill also restricts the platform's use of nonpublic data obtained from or generated on the platform and prohibits the platform from restricting access to platform data generated by the activity of a competing business user. The bill also provides additional restrictions related to installing or uninstalling software, search or ranking functionality, and retaliation for contact with law enforcement regarding actual or potential violations of law. The bill establishes affirmative defenses for the prohibited conduct. The Federal Trade Commission or the Department of Justice must designate whether an entity is a platform covered by the bill, and both must carry out enforcement activities. The bill also provides for civil penalties, injunctions, conflicts of interest, a private right of action, and the forfeit of profits for repeat offenders.
Fair and Open Skies Act This bill prohibits the Department of Transportation (DOT) from issuing a foreign air carrier permit or an exemption from certain air carrier certificate requirements under the United States-European Union Air Transport Agreement of April 2007, unless DOT finds that issuing the permit or exemption would be consistent with Article 17 bis of the agreement, which provides that opportunities created by the agreement do not undermine labor standards or the labor-related rights and principles contained in the laws of the respective parties to the agreement; and imposes conditions on the permit or exemption necessary to ensure compliance with Article 17 bis . The bill modifies policy considerations relating to air carrier certificates to require DOT to consider preventing entry into U.S. markets by flag of convenience carriers (i.e., foreign air carriers established in a country other the home country of their majority owner in order to avoid regulations of the home country) and preventing the undermining of labor standards. In carrying out such air carrier certificate requirements, DOT must consider preventing entry of flag of convenience carriers into U.S. markets as being in the public interest and consistent with public convenience and necessity for safety in air transportation and air commerce. In formulating U.S. international air transportation policy relating to the elimination of discrimination and unfair competition, the Department of State and DOT must include in their considerations the undermining of labor standards.
Big Cat Public Safety Act This act revises requirements governing the trade of big cats (i.e., species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species) under the Lacey Act to limit the possession, breeding, and exhibition of big cats. The Lacey Act prohibits any person from importing, exporting, buying, selling, transporting, receiving, or acquiring big cats across state lines or the U.S. border. However, some exemptions are provided for certain entities, such as universities and wildlife sanctuaries. (Sec. 3) The act expands the Lacey Act prohibitions to include a prohibition on possessing or breeding big cats. Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. Owners of big cats that were born before this act's enactment may keep their big cats, but the owners must register them with the U.S. Fish and Wildlife Service. The act modifies the list of entities that are exempt from prohibitions to export, buy, sell, transport, receive, acquire, possess, or breed big cats. The modified list includes exemptions for entities or facilities exhibiting animals to the public if they (1) hold a Class C license in good standing under the Animal Welfare Act, and (2) do not allow individuals to come into direct physical contact with big cats. However, direct contact is allowed if the individual is a trained professional, a veterinarian, or directly supporting conservation programs that do not involve commercial activities and meet other specified restrictions. (Sec. 4) A person who knowingly violates the act must be fined not more than $20,000, or imprisoned for no more than five years, or both. The act considers each violation to be a separate offense. The offense must be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the prohibited wildlife species. (Sec. 5) The act extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed; thus, big cats bred or possessed in violation of the act are subject to forfeiture. (Sec. 6) The Department of the Interior must issue regulations to implement this act.
Creating Low-cost, Efficient And Net-zero Emissions Resilient Buildings Act or the CLEANER Buildings Act This bill requires the Environmental Protection Agency (EPA) to establish a national model building performance standards initiative for specified purposes, including to assist state and local governments in the development and implementation of building performance standards. Not later than 2 years after the enactment of this bill, the EPA must develop national model building performance standards.
Further Continuing Appropriations and Extensions Act, 2023 This act provides continuing FY2023 appropriations for federal agencies through December 23, 2022, and extends several expiring programs and authorities. (Unless otherwise specified, the extensions referred to in this summary are also effective through December 23, 2022.) The act also requires the National Oceanic and Atmospheric Administration (NOAA) to develop guidance and take other actions to update precipitation estimates. (Sec. 3) This section provides that references to this Act included in any division of this act refer only to the provisions of the division unless the act expressly provides otherwise. (Sec. 4) This section provides appropriations for a payment to Colette Wallace McEachin, the beneficiary of the late Representative Aston Donald McEachin. (A gratuity equal to one year's salary has long been given to the heirs or beneficiaries of Members of Congress who die in office.) DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2023 Further Continuing Appropriations Act, 2023 This division provides continuing FY2023 appropriations to federal agencies through the earlier of December 23, 2022, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2023 appropriations bills have not been enacted when the existing CR expires on December 16, 2022. The CR funds most programs and activities at the FY2022 levels. It also extends several exceptions that provide funding flexibility or additional appropriations for various programs. The division also extends the Department of Homeland Security's federal intrusion detection and prevention system and a related reporting requirement. DIVISION B--OTHER MATTERS TITLE I--EXTENSIONS (Sec. 101) This section extends the authority of the Federal Communications Commission to conduct auctions for electromagnetic spectrum licenses. (Sec. 102) This section extends a special assessment on nonindigent persons or entities convicted of certain offenses involving sexual abuse or human trafficking. The assessment funds programs for human-trafficking survivors. United States Parole Commission Further Extension Act of 2022 (Sec. 103) This section extends the U.S. Parole Commission. (Sec. 104) This section extends the Commodity Futures Trading Commission Customer Protection Fund expenses account. TITLE II--BUDGETARY EFFECTS This title exempts the budgetary effects of this division and each succeeding division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules. DIVISION C--HEALTH AND HUMAN SERVICES TITLE I--MEDICARE AND MEDICAID (Sec. 101) This section extends certain increased payment adjustments for low-volume hospitals under Medicare's inpatient prospective payment system. (Sec. 102) This section extends the Medicare-Dependent Hospital Program, which provides additional payments to certain small rural hospitals that have a high proportion of Medicare patients. (Sec. 103) This section extends the increased Medicaid federal matching rate (also known as the Federal Medical Assistance Percentage) for U.S. territories. (Sec. 104) This section decreases funding for the Medicare Improvement Fund. TITLE II--HUMAN SERVICES (Sec. 201) This section extends and provides additional funding for the Maternal, Infant, and Early Childhood Home Visiting Program, which supports pregnant individuals and parents of young children in certain communities through home visits and partnerships with health, social service, and child development professionals. (Sec. 202) This section extends and provides additional funding for the Stephanie Tubbs Jones Child Welfare Services Program and the MaryLee Allen Promoting Safe and Stable Families Program (i.e., Title IV-B child and family services programs). TITLE III--EXTENSION OF FDA AUTHORIZATIONS (Sec. 301) This section reauthorizes the Critical Path Public-Private Partnerships, through which the Food and Drug Administration (FDA) may enter into collaborative agreements with eligible entities to develop projects designed to achieve certain goals, such as fostering medical product innovation and accelerating medical product development. (Sec. 302) This section reauthorizes a National Institutes of Health program to (1) develop and publish a priority list of needs in pediatric therapeutics, and (2) award funds to entities with expertise in conducting research regarding such needs. (Sec. 303) This section reauthorizes through December 24, 2022, the humanitarian device exemption program, which authorizes the FDA to, for the purposes of an application for approval to market a medical device, waive certain effectiveness requirements for an eligible device designed to treat or diagnose a disease or condition that affects no more than 8,000 individuals in the United States. Specifically, a request for such an exemption must be submitted on or before December 24, 2022. (Sec. 304) This section reauthorizes a program that provides grants or contracts to nonprofit consortia for demonstration projects to promote pediatric device development. (Sec. 305) This section reauthorizes until December 24, 2022, a provision that allows an applicant for market approval for an eligible single-enantiomer drug to make an election that may qualify the drug for a five-year market exclusivity period. (Sec. 306) This section extends through December 24, 2022, a provision requiring the FDA to accredit persons to inspect facilities that manufacture certain classes of medical devices. (Sec. 307) This section reauthorizes an FDA program that provides grants to defray the costs of developing drugs, medical devices, and medical foods for rare diseases or conditions. (Sec. 308) This section reauthorizes a provision requiring the FDA to post on its website quarterly reports with information on received generic drug applications and priority review applications. (Sec. 309) This section reauthorizes through December 24, 2022, a program that allows accredited persons to review reports and make recommendations to the FDA pertaining to the initial classification of medical devices. TITLE IV--INDIAN HEALTH This title extends until December 24, 2022, provisions that prohibit the Indian Health Service from disbursing funds to Alaska Native villages or corporations that are located in areas served by Alaska Native regional health entities. DIVISION D--PRECIP ACT Providing Research and Estimates of Changes In Precipitation Act or the PRECIP Act This division directs the National Oceanic and Atmospheric Administration (NOAA) to take actions regarding precipitation estimation. NOAA must seek to enter an agreement with the National Academies of Science, Engineering, and Medicine to conduct a study on the state of practice and research needs for precipitation estimation, including probable maximum precipitation estimation. NOAA, in consideration of the study's recommendations, shall consult with relevant partners on the development of a plan to update probable maximum precipitation estimates. NOAA shall develop guidance regarding probable maximum precipitation estimates that (1) provides best practices for federal and state regulatory agencies, private meteorological consultants, and other users that perform probable maximum precipitation studies; (2) considers the recommendations provided in the National Academies study; (3) facilitates review of probable maximum precipitation studies by regulatory agencies; and (4) provides confidence in regional and site-specific probable maximum precipitation estimates.
Rebuild America's Schools Act of 2022 This bill provides support for long-term improvements to public elementary and secondary school facilities. First, the bill sets forth allocations to states and establishes a need-based grant program for local educational agencies (LEAs) to improve school facilities. Further, the bill specifies allowable uses of grant funds, including carrying out major repairs, improving indoor air quality, and making facilities accessible to disabled individuals. Additionally, the bill requires LEAs that receive funds for new construction, modernization, or renovation projects to comply with hazard-resistance building codes and performance criteria under the WaterSense program of the Environmental Protection Agency. Further, the bill requires such LEAs to adopt certain green practices (environmental standards) and requires the use of iron, steel, and manufactured products that are made in the United States (Buy America). The bill restores school infrastructure tax credit bonds. The bill also sets forth reporting requirements, including annual reports on grant program projects and a report by the Government Accountability Office that requires a study of the geographic distribution of projects, the impact of selected projects on student and staff health and safety, and the accessibility of projects to high-poverty schools. The bill also establishes the Office of School Infrastructure and Sustainability within the Department of Education. Next, the bill extends through FY2027 the Impact Aid Construction program. Finally, the bill establishes a grant program to assist LEAs with repairing or replacing concrete foundations affected by pyrrhotite (an iron sulfide material linked to crumbling foundations).
Leveraging Our Water and Energy data to Reduce Energy Bills Act of 2022 or the LOWER Energy Bills Act of 2022 This bill requires the Environmental Protection Agency to develop and implement a benchmarking and transparency initiative for certain types of properties (such as commercial or multifamily properties) to (1) advance the knowledge of owners and occupants regarding building energy and water use and greenhouse gas emissions, and (2) inform efforts to reduce energy and water use and greenhouse gas emissions nationwide.
