H.R. 8595 — Introduced in House

I 117th CONGRESS 2d Session H. R. 8595 IN THE HOUSE OF REPRESENTATIVES July 29, 2022Mr. Cloud (for himself, Mrs. Flores, Mrs. Miller of Illinois, and Mr. Rosendale) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Armed Services, 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 title 49, United States Code, to require the disclosure of a relationship with a foreign principal by any person who is required to submit an application for an energy project to the Secretary of Transportation, and for other purposes. 1. Short title This Act may be cited as the Airspace Clearinghouse Enhancement Act or the ACE Act. 2. Structures interfering with air commerce or national security Section 44718 of title 49, United States Code, is amended— (1) in subsection (f)— (A) by striking As part of an aeronautical study and inserting the following: (1) In general As part of an aeronautical study ; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (C) by adding at the end the following: (2) Written testimony required (A) In general In making the finding required under paragraph (1)(A), the Secretary of Defense shall— (i) elicit written testimony from the base commander of each military installation— (I) located within a 25-mile radius of the structure or sanitary landfill described in such paragraph; and (II) that has a flight route within a 10-mile radius of such structure or sanitary landfill; and (ii) consider such written testimony in making such finding. (B) Contents Each base commander of a military installation who submits written testimony under subparagraph (A) shall describe the extent to which the proposed construction, alteration, establishment, or expansion of a structure or sanitary landfill would impact the operations, military readiness, and military training routes of such military installation. ; (2) in subsection (h) by adding at the end the following: (3) Energy project The term energy project has the meaning given such term in section 183a(h) of title 10. (4) Foreign principal; agent of a foreign principal The terms foreign principal and agent of a foreign principal have the meaning given such terms in section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611). ; and (3) by adding at the end the following: (i) Special rule for energy projects (1) In general Any person who is required to submit an application for an energy project under this section shall include in such application a disclosure of any relationship such person has with a foreign principal or with an agent of a foreign principal. (2) Inaccurate disclosure of relationship with foreign principal (A) In general The Secretary of Transportation, in consultation with the Attorney General of the United States, shall establish a process to evaluate the accuracy of a disclosure made under paragraph (1) and determine whether a person has violated such paragraph. (B) Initial penalty for inaccurate disclosure If the Secretary determines that a person has violated paragraph (1), such person shall be prohibited from submitting an application for an energy project under this section during the period beginning on the date on which the Secretary made the determination under subparagraph (A) and ending on the date that is 2 years after such determination. (C) Penalties for subsequent inaccurate disclosures If the Secretary determines that a person violates paragraph (1) after an initial violation under subparagraph (B), such person shall be permanently prohibited from submitting an application for an energy project under this section. .