[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9678 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9678
To ensure 100 percent renewable electricity, zero emission vehicles,
and regenerative agriculture by 2030 to address global warming caused
by human activity.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 22, 2022
Mr. Espaillat introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committees on Ways and
Means, and Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To ensure 100 percent renewable electricity, zero emission vehicles,
and regenerative agriculture by 2030 to address global warming caused
by human activity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earth Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Global climate change is an immediate threat to the
national security, public health, and national economy of the
United States as well as the legacy we will leave to our
children.
(2) The most vulnerable communities, including communities
of color, women, children, the elderly, persons with
disabilities, low-income communities, and those with underlying
health conditions, face even greater health risks as a result
of climate change.
(3) The United States is already seeing climate change
exacerbate extreme weather events, with--
(A) the year 2020 seeing the most active Atlantic
hurricane season on record with 30 named storms and six
major hurricanes;
(B) the 2019 issuance of the first-ever Extreme Red
Flag Warning for wildfires;
(C) hundreds of thousands of acres in the Western
United States currently or recently experiencing
devastating wildfires; and
(D) communities around the country regularly facing
``100-Year Floods''.
(4) The United Nations Intergovernmental Panel on Climate
Change 2016 Special Report on Climate Change and Land found
that sustainable land management can contribute to reducing the
negative impacts of multiple stressors, including climate
change.
(5) The Environmental Protection Agency found that
electricity, transportation, and agriculture accounted for more
than 60 percent of greenhouse gas emissions in 2019.
(6) The National Centers for Environmental Information
found that, in 2021, there were 20 weather and climate disaster
events with losses exceeding $1,000,000,000 each to affect the
United States. These events resulted in the deaths of 688
people and had significant economic effects on the areas
impacted. The 1980-2021 annual average is 7.4 events.
(7) The total cost of United States billion-dollar
disasters over the years 2016 through 2020 exceeds
$600,000,000,000, with a 5-year annual cost average of
$121,300,000,000.
(8) The IPCC released its Working Group I, 2021 report,
which found that, unless immediate and broad reductions in
greenhouse gas emissions are made by the international
community, it will be impossible to limit global warming to 2
degrees Celsius, the warming level which the scientific
community believes will precipitate catastrophic climate-
related consequences and risks to human health, livelihoods,
food security, human security, water supply, and economic
growth will all increase.
(9) In 2021, Secretary of Energy Jennifer Granholm,
expressed that, by 2030, the clean energy sector will be a
$230,000,000,000,000 global market for all technologies and
products that reduce carbon pollution, spurring economic
opportunity through job creation for people across the United
States and the world.
(10) According to the Environmental Protection Agency,
renewable energy reduces greenhouse gas emissions and air
pollution associated with energy production.
(11) The 2021 Department of Defense Climate Risk Analysis
found that increasing temperatures, changing precipitation
patterns, and more frequent, intense, and unpredictable extreme
weather conditions caused by climate change are exacerbating
existing security risks.
(12) In 2021, the Office of the Director of National
Intelligence assessed that climate change will increasingly
exacerbate risks to United States national security interests.
(13) In 2021, the President issued an Executive order
directing the Federal Government to achieve 100 percent carbon
pollution-free electricity on a net annual basis by 2030 and
100 percent zero-emission vehicle acquisitions by 2035.
(14) In 2021, United Nations Secretary-General Antonio
Guterres, described the urgency of addressing climate change by
stating that ``the alarm bells are deafening, and the evidence
is irrefutable: greenhouse gas emissions from fossil fuel
burning and deforestation are choking our planet and putting
billions of people at immediate risk. Global heating is
affecting every region on Earth, with many of the changes
becoming irreversible''.
(15) The Sixth Assessment Report of the IPCC found that
``human-induced climate change, including more frequent and
intense extreme events, has caused widespread adverse impacts
and related losses and damages to nature and people, beyond
natural climate variability''.
(16) The IPCC notes that to avoid mounting loss of life,
biodiversity, and infrastructure, we must have ambitious,
accelerated action to adapt to climate change, while also
making rapid, deep cuts in greenhouse gas emissions.
SEC. 3. RENEWABLE ENERGY.
(a) Renewable Energy Standard.--
(1) Minimum annual percentage.--The minimum annual
percentage of the total quantity of electricity sold by a
retail electric supplier that is required to be generated from
renewable energy resources shall be--
(A) in each of 2027, 2028, and 2029, at least 80
percent; and
(B) in 2030, and in each year thereafter, 100
percent.
(2) Regulations.--Not later than 180 days after the date of
enactment of this subsection, the Secretary of Energy shall
issue regulations to carry out this subsection.
(3) Required submissions.--The regulations issued under
paragraph (2) shall require a retail electric supplier to
submit to the Secretary of Energy, the Administrator of the
Environmental Protection Agency, and the Secretary of
Transportation--
(A) not later than one year after the date of
enactment of this subsection, and annually thereafter,
a plan to achieve compliance with such regulations; and
(B) beginning in 2028, and annually thereafter, by
April 15, a report on compliance with this subsection
for the preceding year, including evidentiary
documentation regarding such compliance.
(4) Grants for transition assistance.--
(A) In general.--Subject to the availability of
appropriations, the Secretary of Energy shall make
competitive grants to retail electric suppliers to pay
up to 50 percent of the costs of meeting the
requirements under this subsection.
(B) Priority.--In awarding grants under this
paragraph, the Secretary of Energy shall give priority
to retail electric suppliers who display significant
need, as determined by the Secretary, to finance their
transition to renewable energy.
(C) Application.--To be eligible to receive a grant
under this paragraph, a retail electric supplier shall
submit to the Secretary of Energy an application at
such time, in such manner, and containing such
information as the Secretary may require.
(5) Best practices report.--Not later than 180 days after
the date of the enactment of this subsection, the Secretary of
Energy shall develop and publish, including on the public
website of the Department of Energy, a report on the best
practices for retail electric suppliers for activities to
transition to renewable energy consistent with this subsection,
including how to apply for a grant under this subsection.
(b) Renewable Energy Sources.--
(1) Regulations.--Not later than 180 days after the date of
enactment of this subsection, the Secretary of Energy shall
issue regulations regarding the sourcing, recycling, and
disposal of materials used to manufacture renewable energy
sources, with goals of--
(A) eliminating the use of rare earth metals in the
manufacture of renewable energy sources; and
(B) ensuring the recycling of all such materials.
(2) Required submissions.--Not later than one year after
the date of enactment of this subsection, the regulations
issued under paragraph (1) shall require entities subject to
such regulations to submit to the Secretary of Energy
documentation on compliance with such regulations, as the
Secretary of Energy determines appropriate, including
documentation regarding lifecycle greenhouse gas emissions with
respect to the business operations of such entities.
(c) Definitions.--In this section:
(1) Renewable energy.--The term ``renewable energy'' means
electric energy generated from a renewable energy resource.
(2) Renewable energy resource.--The term ``renewable energy
resource'' means wind, solar, geothermal, tidal, wave, and
existing hydropower sources.
(3) Renewable energy source.--The term ``renewable energy
source'' means any facility or equipment, including any
component thereof, used to generate or store renewable energy.
(4) Retail electric supplier.--The term ``retail electric
supplier'' means an entity operating in the United States or in
a territory of the United States that sold not less than 1,000
megawatt hours to electric consumers for purposes other than
resale during the preceding calendar year.
SEC. 4. ZERO EMISSION VEHICLES.
(a) In General.--Part A of title II of the Clean Air Act (42 U.S.C.
7521 et seq.) is amended by adding at the end the following:
``SEC. 220. ZERO EMISSION VEHICLE PRODUCTION.
``(a) Minimum Annual Percentage.--The minimum annual percentage of
the total quantity of new motor vehicles sold by a vehicle manufacturer
that are zero emission vehicles shall be--
``(1) in each of 2027, 2028, 2029, at least 80 percent; and
``(2) in 2030, and in each year thereafter, 100 percent.
``(b) Regulations.--Not later than 180 days after the date of
enactment of this section, the Administrator shall issue regulations to
carry out this section.
``(c) Required Submissions.--The regulations issued under
subsection (b) shall require a vehicle manufacturer to submit to the
Environmental Protection Agency, the Department of Energy, and the
Department of Transportation--
``(1) not later than one year after the date of enactment
of this section, and annually thereafter, a plan to achieve
compliance with the requirements of this section, including the
steps to be taken with respect to materials and supply chains;
``(2) by April 15, and annually thereafter, a report on
compliance with this section, including evidentiary
documentation, regarding such compliance; and
``(3) documentation regarding lifecycle greenhouse gas
emissions of applicable new zero emission vehicles.
``(d) Grants for Transition Assistance.--
``(1) In general.--The Secretary of Transportation shall
make competitive grants to vehicle manufacturers to pay up to
50 percent of the costs of meeting the requirements under this
section.
``(2) Priority.--In awarding grants under this subsection,
the Secretary of Transportation shall give priority to vehicle
manufacturers who demonstrate significant financial need, as
determined by the Secretary of Transportation, to meet the
requirement of paragraph (1) or (2) of subsection (a).
``(3) Application.--To be eligible to receive a grant under
this subsection, a vehicle manufacturer shall submit to the
Secretary of Transportation an application at such time, in
such manner, and containing such information as the Secretary
of Transportation may require.
``(e) Report.--Not later than 180 days after the date of the
enactment of this section, the Administrator shall develop and publish,
including on the public website of the Environmental Protection Agency,
a report on--
``(1) best practices for meeting the requirements of
paragraphs (1) and (2) of subsection (a); and
``(2) guidance on how to apply for a grant under this
section.
``(f) Definitions.--In this section:
``(1) Motor vehicle.--The term `motor vehicle', as defined
by this part, includes the following:
``(A) A light-duty vehicle that is capable of
seating 12 passengers or less.
``(B) A light-duty truck which has a gross vehicle
weight in excess of 6,000 pounds.
``(C) A heavy-duty vehicle which has a gross
vehicle weight in excess of 8,500 pounds.
``(2) Vehicle manufacturer.--
``(A) In general.--The term `vehicle manufacturer'
means an entity that--
``(i) engages in the manufacturing of new
motor vehicles; and
``(ii) sells no fewer than 100 new motor
vehicles to ultimate purchasers, either
directly or through an affiliate, such as a
dealer.
``(B) Exclusions.--The term `vehicle manufacturer'
does not include--
``(i) a motor vehicle parts supplier; or
``(ii) a dealer.
``(3) Zero emission vehicle.--The term `zero emission
vehicle' means a motor vehicle, as defined by this subsection,
that produces zero exhaust emissions of any criteria pollutant,
precursor pollutant, or greenhouse gas in any mode of operation
or condition.''.
(b) Conforming Amendments.--The table of contents for the Clean Air
Act is amended by inserting after the item relating to section 219 the
following:
``Sec. 220. Zero emission vehicle production.''.
SEC. 5. REGENERATIVE AGRICULTURAL PRACTICES.
(a) Minimum Annual Percentage.--The minimum annual percentage of
land and livestock managed with regenerative agricultural practices for
a covered land or livestock corporation shall be--
(1) in each of 2025 and 2026, at least 50 percent;
(2) in each of 2027, 2028, and 2029, at least 75 percent;
and
(3) in 2030, and each year thereafter, 100 percent.
(b) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary of Agriculture shall issue
regulations to carry out this section.
(c) Required Submissions.--The regulations issued under subsection
(b) shall require a covered land or livestock corporation to submit to
the Secretary--
(1) not later than one year after the date of enactment of
this section, and annually thereafter, a plan to achieve
compliance with the requirements of this section; and
(2) beginning in 2028, and annually thereafter, by April
15, a report on compliance with this section, including
evidentiary documentation regarding such compliance; and
(3) documentation regarding lifecycle greenhouse gas
emissions of managing land and livestock with regenerative
agricultural practices.
(d) Grants for Transition Assistance.--
(1) In general.--The Secretary shall make competitive
grants to covered land or livestock corporations to pay up to
50 percent of the costs needed to meet the requirements under
this section.
(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to a covered land or
livestock corporation that displays significant need, as
determined by the Secretary, to finance the transition to
regenerative agricultural practices.
(3) Application.--To be eligible to receive a grant under
this subsection, a covered land or livestock corporation shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
(e) Best Practices Report.--Not later than 180 days after the date
of the enactment of this section, the Secretary shall develop and
publish, including on the public website of the Department of
Agriculture, a report on the best practices for covered land or
livestock corporations for regenerative agricultural practices
consistent with this section, including how to apply for a grant under
this section.
(f) Definitions.--In this section:
(1) Covered land or livestock corporation.--The term
``covered land or livestock corporation'' means an entity or
person that--
(A) owns, manages, or controls land or livestock,
including through--
(i) farming, ranching, or other related
agricultural operations; or
(ii) contracts with farmers or ranchers
under which the farmers or ranchers purchase
patented inputs or inputs otherwise owned by
the entity or person to produce agricultural
products to be acquired by such entity (or a
subsidiary thereof); and
(B) is required to file an annual report under
section 13 of the Securities Exchange Act of 1934 (15
U.S.C. 78m), or has issued securities under the
Securities Exchange Act of 1933.
(2) Regenerative agricultural practice.--
(A) In general.--The term ``regenerative
agricultural practice'' means one of the following
practices:
(i) Alley cropping.
(ii) Conservation cover.
(iii) Conservation crop rotation.
(iv) Establishment of contour buffer
strips.
(v) Contour farming.
(vi) Establishment of cover crops.
(vii) Critical area planting.
(viii) Establishment of cross wind trap
strips.
(ix) Establishment of field borders.
(x) Establishment of filter strips.
(xi) Forage and biomass planting, including
the use of native prairie and seed mixtures.
(xii) Implementation of forest stand
improvements.
(xiii) Establishment of grassed waterways.
(xiv) Hedgerow planting.
(xv) Establishment of herbaceous wind
barriers.
(xvi) Multistory cropping.
(xvii) Nutrient management.
(xviii) Prescribed grazing.
(xix) Range planting.
(xx) Residue and tillage management with no
till.
(xxi) Residue and tillage management with
reduced till.
(xxii) Establishment of riparian forest
buffers.
(xxiii) Establishment of riparian
herbaceous buffers.
(xxiv) Silvopasture establishment.
(xxv) Stripcropping.
(xxvi) Tree and shrub establishment.
(xxvii) Upland wildlife habitat
restoration.
(xxviii) Establishment of vegetative
barriers.
(xxix) Wetland restoration.
(xxx) Windbreak renovation.
(xxxi) Establishment of windbreaks and
shelterbelts.
(xxxii) Woody residue treatment.
(xxxiii) Any other highly effective and
evidence-based vegetative or management
practice, as determined by the Secretary, based
on an annual review, that significantly reduces
agricultural greenhouse gas emissions or
assists producers in adapting to, or mitigating
against, increasing weather volatility.
(B) Inclusions.--In the case of covered land or
livestock corporation raising ruminant livestock, the
term ``regenerative agricultural practice'' includes
the following practices:
(i) The practice of allowing such livestock
to graze pasture during the grazing season at
least 120 days per year.
(ii) The practice of requiring such
livestock to intake at least 30 percent dry
matter from grazing pasture during the grazing
season.
(iii) The practice of a producer creating a
pasture management plan that manages pasture--
(I) as a crop to meet the feed
requirements for such livestock; and
(II) to protect soil and water
quality.
(iv) The practice of allowing such
livestock to--
(I) display natural behaviors at
all times, with access to pasture
during the finishing phase;
(II) have the living conditions and
freedom to express normal behavior;
(III) have freedom from discomfort,
fear, distress, hunger, pain, injury,
or disease;
(IV) not be placed in confined
feeding operations; and
(V) have access to a suitable
shelter.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 6. GREENHOUSE GAS EMISSIONS REDUCTION REGULATIONS.
Not later than one year after the date of enactment of this
section, the Secretary of Agriculture shall issue regulations that--
(1) require the reduction of greenhouse gas emissions
resulting from the operations of a covered land or livestock
corporation; and
(2) include guidance on how to reduce greenhouse gas
emissions through--
(A) reducing the use of synthetic fertilizers and
pesticides;
(B) supporting the supply of organic fertilizers
and pesticides;
(C) changing feed content for animals;
(D) general farming practices;
(E) food and animal transportation, packaging, and
distribution;
(F) minimizing food waste; and
(G) applying the National List of Allowed and
Prohibited Substances, established in section 205.6 et
seq. of title 7, Code of Federal Regulations (or any
successor regulations), to regenerative agricultural
practices, as defined in section 5.
SEC. 7. ANIMAL WELFARE.
(a) Animal Welfare Mandate.--Not later than one year after the date
of enactment of this section, the Secretary of Agriculture shall issue
regulations to ensure the well-being of covered animals.
(b) Specifications.--In issuing regulations with respect to the
well-being of a covered animal, the Secretary of Agriculture shall--
(1) prohibit the use of antibiotics, hormones, implants, or
other substances, except for purposes of disease treatment as
prescribed by a veterinarian;
(2) prohibit forms of permanent physical mutilation,
including debeaking, beak or bill trimming, declawing,
pinioning, wattle trimming, desnooding, detoeing, nose rings,
and tusk removal;
(3) ensure that such covered animal lives in a condition
that allows the animal to socialize naturally, to engage in
natural behaviors, to have freedom of movement, and to be
reared with a mother and weaned at a natural time;
(4) provide for compliance oversight, independent
inspections, and transparency of covered facilities; and
(5) if a violation of requirements of this subsection is
found during an independent inspection performed pursuant to
paragraph (4), the Secretary shall--
(A) establish an online livestream video of such
covered facilities that is limited in scope to such
violation; and
(B) grant the public access to such online
livestream video.
(c) Report to Congress.--Not later than two years after the date of
enactment of this section, and annually thereafter, the Secretary of
Agriculture shall submit to the appropriate committees a report
detailing--
(1) the findings of animal welfare compliance, oversight,
and independent inspections of covered facilities;
(2) recommendations to Congress on additional actions
necessary to ensure covered facilities are compliant with
regulations set forth by this section; and
(3) any other details as required by the Secretary.
(d) Definitions.--In this section:
(1) Appropriate committees.--The term ``appropriate
committees'' means--
(A) the Committee on Agriculture and the Committee
on Appropriations of the House of Representatives; and
(B) the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Appropriations of the
Senate.
(2) Covered animal.--The term ``covered animal'' means an
animal raised for human consumption or the production of dairy
products, including--
(A) beef cattle;
(B) broiler chickens;
(C) laying hens;
(D) dairy cows;
(E) sheep;
(F) goats;
(G) pigs;
(H) turkeys;
(I) bison;
(J) waterfowl, including ducks and geese; and
(K) any other animal raised for human consumption
or the production of dairy products, as determined by
the Secretary.
(3) Covered facility.--The term ``covered facility'' means
a facility of a covered land or livestock corporation (as
defined in section 5) that engages in animal raising,
transport, slaughter, and processing.
SEC. 8. TAX PROVISIONS RELATING TO CLIMATE TRANSITION COSTS.
(a) Qualified Capital Climate Transition Costs.--Section 162 of the
Internal Revenue Code of 1986 is amended by redesignating subsection
(s) as subsection (t) and by inserting after subsection (r) the
following new subsection:
``(s) Qualified Capital Climate Transition Costs.--
``(1) In general.--In the case of a retail electric
supplier, vehicle manufacturer, or covered land or livestock
corporation, the amount of any deduction allowed under
subsection (a) with respect to qualified capital climate
transitions costs (determined without regard to this
subsection) shall be doubled.
``(2) Qualified capital climate transition costs.--For
purposes of this subsection, the term `qualified capital
climate transition costs' means costs directly related to a
transition to renewable energy sources, electric vehicle
manufacturing, or regenerative agriculture, as such terms are
defined by the Secretary.
``(3) Definitions.--For purposes of this section--
``(A) Covered land or livestock corporation.--The
term `covered land or livestock corporation' has the
meaning given such term in section 5(f)(1) of the Earth
Act of 2022.
``(B) Retail electric supplier.--The term `retail
electric supplier' has the meaning given such term in
section 3(c)(4) of the Earth Act of 2022.
``(C) Vehicle manufacturer.--The term `vehicle
manufacturer' has the meaning given such term in
section 220(f)(2) of the Clean Air Act.''.
(b) Qualified Capital Climate Transition Property.--Section 179 of
the Internal Revenue Code of 1986 is amended--
(1) in subsection (b)(1), by striking ``The aggregate
cost'' and inserting ``Except as provided in subsection (f),
the aggregate cost'',
(2) in subsection (d)(1), by striking ``and'' at the end of
subparagraph (B)(ii), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(D) at the election of the taxpayer, qualified
capital climate transition property (as defined in
subsection (f).'', and
(3) by adding at the end the following new subsection:
``(f) Qualified Capital Climate Transition Property.--
``(1) In general.--For purposes of this subsection, the
term `qualified capital climate transition property' means
property directly related to a transition to renewable energy
sources, zero emission vehicle manufacturing, or regenerative
agriculture, as such terms are defined by the Secretary.
``(2) Limitation.--The Secretary shall establish by
regulation the aggregate cost which may be taken into account
under subsection (a) with respect to qualified capital climate
transition property.
``(3) Regulations and guidance.--The Secretary may issue
such regulations or guidance as necessary to broadly define
qualifying section 179 property based on the qualified capital
climate transition costs that can be expected to be necessary
in future taxable years.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years ending after the
date of the enactment of this Act.
SEC. 9. SUPPORT, OVERSIGHT, AND REPORTING.
(a) Support and Oversight.--The Administrator of the Environmental
Protection Agency, the Secretary of Energy, and the Secretary of
Agriculture shall provide direct oversight, facilitation, and support
for the transitions to minimum annual percentages required under this
Act and the amendments made by this Act.
(b) Combined Reporting Required.--Not later than one year after the
date of enactment of this Act, and annually thereafter, by April 15,
the Administrator of the Environmental Protection Agency, the Secretary
of Energy, and the Secretary of Agriculture shall jointly submit to
Congress a combined report on the transitions and the compliance of
such transitions required under this Act and the amendments made by
this Act.
(c) National Academy of Sciences Recommendations.--Not later than
one year after the date of enactment of this Act, the National Academy
of Sciences shall prepare reports to assist all relevant entities with
implementing the requirements of this Act and the amendments made by
this Act, including staffing, supply chain, domestic production, raw
materials, and the reuse and recycling of all elements utilized to
create renewable energy.
SEC. 10. DISALLOWANCE OF DEDUCTIONS FOR NON-COMPLIANT BUSINESSES.
(a) In General.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items not deductible) is
amended by adding at the end thereof the following new section:
``SEC. 280I. EXPENDITURES OF NON-COMPLIANT BUSINESSES.
``No deduction shall be allowed for any amount paid or incurred
during the taxable year in carrying on any trade or business if such
trade or business (or the activities which comprise such trade or
business) does not comply with the provisions of the Earth Act of 2022
at any time during such taxable year.''.
(b) Conforming Amendment.--The table of sections for part IX of the
subchapter B of chapter 1 of such Code is amended by adding at the end
thereof the following new item:
Sec. 280I. Expenditures of non-compliant businesses.
(c) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after the date of the enactment of this Act
in taxable years ending after such date.
SEC. 11. SEVERABILITY.
Should any provision in this Act, or an amendment made by this Act,
be found to be unconstitutional by a court of law, such provision, or
such amendment, shall be severed from the remainder of this Act, and
such action shall not affect the enforceability of the remaining
provisions of this Act.
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