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UnitedStatesSenateBillsAndSummaries

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Venezuela Temporary Protected Status Act of 2021 This bill provides assistance to eligible nationals of Venezuela. Under this bill, eligible nationals of Venezuela shall qualify for temporary protected status, which prevents their removal from the United States and allows them to obtain employment and travel authorization. Such status shall be available to qualifying nationals of Venezuela for 18 months starting from this bill's enactment. The Department of State shall work with international partners to increase the capacity of countries in the region to provide migration services and asylum to eligible Venezuelan citizens.	117 S50 IS: Venezuela Temporary Protected Status Act of 2021 U.S. Senate 2021-01-26 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. II 117th CONGRESS 1st Session S. 50 IN THE SENATE OF THE UNITED STATES January 26, 2021 Mr. Menendez Mr. Durbin Mr. Leahy Mr. Booker Committee on the Judiciary A BILL To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 1. Short title This Act may be cited as the Venezuela Temporary Protected Status Act of 2021 2. Findings Congress makes the following findings: (1) Venezuela is enduring an unprecedented economic, humanitarian, security, and human rights crisis, consisting of extreme food and medicine shortages, severe infant and child malnutrition, rampant crime, and government-sponsored repression, which has resulted in significant displacement of Venezuelans to countries across the Western Hemisphere. (2) Venezuela’s economy contracted by 66 percent between 2014 and 2019, with the International Monetary Fund reporting that inflation reached an annual rate of nearly 20,000 percent in 2019, making Venezuela the country with the highest level of inflation in the world. (3) As evidence of the humanitarian crisis created by Venezuela’s systemic economic turmoil and government corruption— (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. (4) Access to quality healthcare is severely impeded, with— (A) more than 50 percent of healthcare professionals having left Venezuela during the past 5 years; (B) pharmacies experiencing shortages of approximately 85 percent of needed medicines; (C) 88 percent of hospitals lacking the basic medicines that should be available in any functional public hospital, including those that are on the World Health Organization’s List of Essential Medicines; and (D) roughly 70 percent of Venezuelan hospitals surveyed in 2019 lacking access to clean water. (5) Venezuela continues to be among the world’s most violent countries, and the Venezuelan Violence Observatory, an independent nongovernmental organization, calculated that there were approximately 46 murders in Venezuela during 2020 for every 100,000 people. (6) According to the United Nations Office of the High Commissioner for Human Rights (OHCHR)— (A) Venezuelan intelligence and security forces have increasingly used arbitrary arrests, detentions, torture, and extrajudicial killings to repress and intimidate civil society, political opponents, and any voices of dissent; (B) between 2015 and 2017, at least 505 people, including 24 children, were executed by Venezuelan security forces, leading the International Criminal Court prosecutor to announce a preliminary investigation into the use of excessive force in Venezuela; and (C) the incidence of alleged extrajudicial killings by security forces has been shockingly high, according to an OHCHR report, with the government registering nearly 7,000 extrajudicial killings between January 2018 and May 2019. (7) The United Nations Human Rights Council’s Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime’s crimes were part of a widespread and systematic course of conduct, thus amounting to crimes against humanity (8) According to the United Nations High Commissioner for Refugees (UNHCR), more than 5,400,000 Venezuelans have fled their country for reasons such as violence, political oppression, economic hardship, and the ongoing humanitarian crisis. 3. Sense of Congress It is the sense of the Congress that— (1) Venezuela’s economic, security, and displacement crisis has resulted in extraordinary and temporary conditions that currently prevent Venezuelan nationals from safely returning to Venezuela; and (2) Venezuela should be designated under subsection (b)(1)(C) of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a 4. Designation for purposes of granting temporary protected status (a) Designation (1) In general For purposes of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a (2) Period of designation The initial period of the designation referred to in paragraph (1) shall be for the 18-month period beginning on the date of the enactment of this Act. (b) Aliens eligible As a result of the designation made under subsection (a), an alien who is a national of Venezuela is deemed to satisfy the requirements under paragraph (1) of section 244(c) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c) (1) has been continuously physically present in the United States since the date of the enactment of this Act; (2) is admissible as an immigrant, except as otherwise provided in paragraph (2)(A) of such section; (3) is not ineligible for temporary protected status under paragraph (2)(B) of such section; and (4) registers for temporary protected status in a manner established by the Secretary of Homeland Security. (c) Consent To travel abroad (1) In general The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(f)(3) (2) Treatment upon return An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a 5. Improving internal migration systems in countries surrounding Venezuela (a) In general The Secretary of State, in consultation with the Secretary of Homeland Security, shall work with international partners, including the United Nations High Commissioner for Refugees and the International Organization for Migration, to support and provide technical assistance to improve the domestic capacity of countries surrounding Venezuela and in the region to provide migration services and asylum to eligible Venezuelan citizens— (1) by establishing and expanding temporary and long-term, in-country reception centers and shelter capacity in those surrounding countries to meet the humanitarian needs of Venezuelan migrants or Venezuelans seeking asylum or other forms of international protection; (2) by improving migration and asylum registration systems in those surrounding countries to ensure that Venezuelan migrants and Venezuelans seeking asylum or other humanitarian protection— (A) receive due process and meaningful access to legal protections; and (B) receive proper documents in order to prevent fraud and facilitate freedom of movement and access to basic social services; (3) by supporting the creation or expansion of a corps of trained migration and asylum officers from those countries who are capable of— (A) providing migration services; and (B) evaluating and deciding individual asylum claims consistent with international law and obligations; and (4) by developing the capacity to conduct best interest determinations for Venezuelan migrants to ensure that their needs are properly met. (b) Strategy Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit a strategy describing plans for assisting the development of the international asylum processing capabilities described in subsection (a) to— (1) the Committee on Foreign Relations of the Senate (2) the Committee on the Judiciary of the Senate (3) the Committee on Appropriations of the Senate (4) the Committee on Foreign Affairs of the House of Representatives (5) the Committee on the Judiciary of the House of Representatives (6) the Committee on Appropriations of the House of Representatives (c) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2021 to carry out the activities set forth in subsection (b). (2) Notification requirement (A) In general Except as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (b) of the intent to obligate such funds. (B) Waiver (i) In general The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (ii) Notification requirement If a waiver is invoked under clause (i), the President shall notify the committees listed in subsection (b) of the intention to obligate funds under this section as early as practicable, but not later than 3 days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver.	Venezuela Temporary Protected Status Act of 2021
Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act or the SMARTWATCH Data Act This bill restricts the commercial use of identifiable personal health information derived from a smartwatch or similar consumer device. The Department of Health and Human Services must enforce these restrictions. Specifically, an entity that collects personal health information from consumer devices may not transfer, sell, or otherwise allow domestic entities to access such information if the purpose is to increase profits or generate commercial value. However, the bill sets out certain exceptions to this prohibition, including where the consumer provided informed consent or where the information is necessary for specified business transactions. Furthermore, an entity that collects personal health information derived from consumer devices may not allow foreign entities to access such information unless there are certain privacy and security protections in place. In addition, any personal health information derived from a consumer device and received by health care providers, health plans, or their business associates is considered protected health information and thus subject to applicable federal privacy standards governing its use and disclosure.	116 S2885 IS: Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act U.S. Senate 2019-11-18 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. II 116th CONGRESS 1st Session S. 2885 IN THE SENATE OF THE UNITED STATES November 18, 2019 Mr. Cassidy Ms. Rosen Committee on Health, Education, Labor, and Pensions A BILL To prohibit the transfer or sale of certain consumer health information, and for other purposes. 1. Short title This Act may be cited as the Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act SMARTWATCH Data Act 2. Definitions In this Act: (1) Aggregated The term aggregated (A) means the removal of individual consumer identities, so that the information is not linked or reasonably linkable to any consumer, including a personal consumer device; and (B) does not include one or more individual consumer records that have not been deidentified. (2) Biometric information The term biometric information (A) means the physiological, biological, or behavioral characteristics of an individual, and the recorded, copied, captured, converted, stored derivatives of any such characteristics, that can be used, singly or in combination with each other or with other identifying data, to establish the identity of an individual; and (B) includes deoxyribonucleic acid, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted. (3) Business associate; covered entity; protected health information The terms business associate covered entity protected health information (4) Commercial purposes The term commercial purposes (A) means an action intended— (i) to advance the commercial or economic interests of a person, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services; or (ii) to enable or affect, directly or indirectly, a commercial transaction; and (B) does not include engaging in speech that State or Federal courts have recognized as noncommercial speech, including political speech and journalism. (5) Consumer device The term consumer device (A) means a commercially produced piece of equipment, application software, or mechanism that has the primary function or capability to collect, store, or transmit consumer health information; and (B) may include a device, as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(h) (6) Consumer health information The term consumer health information (7) Deidentified The term deidentified (8) Information broker The term information broker (9) Kinesthetic information The term kinesthetic information 3. Prohibitions (a) In general Subject to subsection (b), no entity that collects consumer health information may— (1) transfer, sell, share, or allow access to any consumer health information (unless aggregated or anonymized) or any other individually identifiable consumer health information collected, recorded, or derived from personal consumer devices to any domestic information broker or other domestic entity if— (A) the primary business function of such domestic information broker or other domestic entity is collecting or analyzing consumer information for profit; or (B) the purpose for transferring, selling, sharing, or allowing access to such information is to otherwise add value to the entity that collects consumer health information, for commercial purposes; or (2) transfer, sell, or allow access to any consumer health information collected, stored, recorded, or derived from personal consumer devices to any information broker or any entity outside of the jurisdiction of the United States. (b) Exceptions (1) In general Subject to paragraph (3), the prohibition under subsection (a)(1) shall not apply if— (A) the entity obtains the informed consent of the consumer; (B) the information is provided to a covered entity, as defined in section 160.103 of title 45, Code of Federal Regulations (or any successor regulations); (C) such information is provided to a government organization or agency, including law enforcement or regulators, to comply with applicable laws, regulations, or rules, or requests of law enforcement, regulatory, or other governmental agencies or in response to a legal process in connection with a subpoena, warrant, discovery order, or other request or order from a law enforcement agency; (D) such information is provided to the entity's affiliates or other trusted businesses or persons to process the information as part of the entity's external processing procedures, based on the entity's instructions and in compliance with privacy protections and any other appropriate confidentiality and security measures; (E) such information is provided in connection with a substantial corporate transaction of the entity, such as the transfer of ownership, a merger, consolidation, asset sale, or bankruptcy or insolvency; or (F) such information is provided to academic, medical, research institutions, or other nonprofit organizations acting in the public interest for the purpose of detecting or responding to security incidents; preventing fraud; conducting scientific, historical, or statistical research; or preserving the security and safety of people or property. (2) Transfers to foreign entities Subject to paragraph (3), the prohibition under subsection (a)(2) shall not apply if— (A) the transfer is made only for limited and specific purposes consistent with the consent provided by the individual and with assurances that the recipient will notify the entity providing the data if such recipient makes a determination that it can no longer use the data consistent with such consent; (B) the entity transferring the information determines that the recipient of the information will provide the same level of privacy protection as is required by the entity transferring the information; (C) the entity transferring the information takes reasonable and appropriate steps to ensure that the third party effectively processes the personal information transferred in a manner consistent with the third party’s obligations under the second party’s privacy principles; and (D) the entity transferring the information agrees to take reasonable steps to stop and remediate unauthorized processing of information by the entity to whom such information is transferred. (3) Limitation None of the exceptions under paragraphs (1) and (2) shall supersede any contrary rule promulgated by the Federal Trade Commission that is in effect on the date of enactment of this Act. (c) Treatment of consumer health information as protected health information If a covered entity or business associate, acting in its capacity as a business associate, receives consumer health information generated by a personal consumer device at any time for any reason, such consumer health information is considered protected health information and is subject to the same protections and restrictions under parts 162 and 164 of title 45, Code of Federal Regulations (or any successor regulations), as any other protected health information. 4. Enforcement The Secretary of Health and Human Services shall enforce the requirements of section 3 against an entity that collects or receives consumer health information in the same manner and to the same extent, as such secretary enforces the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191	Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act
No ESG at TSP Act This bill prohibits investments under the Thrift Savings Plan in mutual funds that are based on environmental criteria (e.g., emissions standards), social criteria (e.g., company diversity), political criteria (e.g., political affiliations), or corporate governance criteria that differ from the standards that currently apply under law.	117 S5000 IS: No ESG at TSP Act U.S. Senate 2022-09-28 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. II 117th CONGRESS 2d Session S. 5000 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Lee Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to prohibit investments under the Thrift Savings Plan in certain mutual funds that make investment decisions based primarily on environmental, social, or governance criteria, and for other purposes. 1. Short title This Act may be cited as the No ESG at TSP Act 2. Prohibition on certain mutual funds under the Thrift Savings Plan (a) Definitions In this section: (1) Board; Executive Director The terms Board Executive Director (2) Covered sum The term covered sum (3) Mutual fund window The term mutual fund window (4) Participant The term participant (5) Thrift Savings Fund The term Thrift Savings Fund (b) Prohibition (1) In general Section 8438(b)(5) of title 5, United States Code, is amended by adding at the end the following: (E) The Board may not offer through the mutual fund window any mutual fund, exchange-traded fund (as defined in section 270.6c–11 of title 17, Code of Federal Regulations, or any successor regulation), or other investment vehicle that invests in bonds or equities and that makes investment decisions based on ESG criteria, to the extent that those criteria are unrelated to maximizing monetary returns for investors. (F) The Board may not offer through the mutual fund window any mutual fund, exchange-traded fund (as defined in section 270.6c–11 of title 17, Code of Federal Regulations, or any successor regulation), or other investment vehicle that is marketed as making investment decisions based on ESG criteria. (G) In this paragraph, the term ESG criteria (i) Environmental criteria, including— (I) emissions, climate change, sustainability, environmental justice, pollution, or conservation; or (II) whether a company is engaged in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy. (ii) Social criteria, including— (I) diversity criteria, including— (aa) the sex, race, ethnicity, gender identity, sexual orientation, or socioeconomic status of the owners, board members, employees, or customers of companies; or (bb) whether the board members, employees, or customers described in item (aa) are members of a labor organization (as that term is defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 (II) whether a company is engaged in the manufacture, transportation, or sale of firearms, firearms accessories, or ammunition. (iii) Political criteria, including the perceived or actual political affiliations, donations, or associations of companies. (iv) Criteria for corporate governance standards that differ from the applicable standards required under State and Federal law, as in effect on the date of enactment of this subparagraph. . (2) Review and removal The Executive Director shall establish a process through which, during the period beginning on the date of enactment of this Act and ending on the effective date described in subsection (c), members of the Board shall— (A) identify investment vehicles that— (i) were added to the mutual fund window pursuant to the rule entitled Mutual Fund Window (ii) would violate subparagraph (E) or (F) of section 8438(b)(5) of title 5, United States Code, as added by paragraph (1); and (B) remove from the mutual fund window all investment vehicles identified under subparagraph (A). (3) Existing investments in impermissible mutual funds (A) Notice Not later than 30 days after the effective date described in subsection (c), the Executive Director shall notify each participant of the option to make an election under subparagraph (B). (B) Election During the 90-day period beginning on the day after the date on which the 30-day period described in subparagraph (A) ends, a participant may elect to have any covered sums credited to the account of that individual in the Thrift Savings Fund reinvested in accordance with section 8438 of title 5, United States Code, as amended by paragraph (1). (C) Mandatory reinvestment Beginning on the day after the date on which the 90-day period described in subparagraph (B) ends, the Board shall ensure that all covered sums with respect to which elections have not been made under that subparagraph are invested in the Government Securities Investment Fund established under section 8438(b)(1)(A) of title 5, United States Code. (4) Enforcement Section 8477(e)(3) of title 5, United States Code, is amended— (A) in subparagraph (B)(iii), by striking or (B) in subparagraph (C)(ii), by striking the period at the end and inserting ; or (C) by adding at the end the following: (D) by any participant or beneficiary against the Board— (i) to obtain any appropriate equitable relief to redress a violation of subparagraph (E) or (F) of section 8438(b)(5); (ii) to enjoin any act or practice which violates subparagraph (E) or (F) of section 8438(b)(5); or (iii) to obtain actual or compensatory damages to redress a violation of subparagraph (E) or (F) of section 8438(b)(5). . (c) Effective date The amendments made by paragraphs (1) and (4) of subsection (b) shall take effect on the date that is 1 year after the date of enactment of this Act.	No ESG at TSP Act
Tribal Connect Act of 2022 This bill expands tribal access to the Schools and Libraries Universal Service Support (E-rate) program, which provides discounted broadband internet access and telecommunications services to certain schools and libraries. It also establishes a pilot program to provide broadband internet access service to essential community-serving institutions (e.g., community centers) located on tribal land.	117 S5001 IS: Tribal Connect Act of 2022 U.S. Senate 2022-09-28 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. II 117th CONGRESS 2d Session S. 5001 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Heinrich Mr. Hoeven Mr. Luján Committee on Indian Affairs A BILL To amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes. 1. Short title This Act may be cited as the Tribal Connect Act of 2022 2. Tribal essential community-serving institutions and universal service support Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 (1) in subsection (h)(4), by inserting , except as provided in subsection (m)(2)(C), is a library or library consortium (2) by adding at the end the following: (m) Tribal essential community-Serving institutions and universal service support (1) Definitions In this subsection— (A) the term broadband internet access service (B) the term E-rate program (C) the term essential community-serving institution (i) a Tribal government building, chapter house, longhouse, community center, senior center, or after-school facility; or (ii) any other public building similar to a building described in clause (i); (D) the term High-Cost Program (E) the term Indian Tribe Indian tribe (2) Tribal essential community-serving institution pilot program (A) In general Not later than 180 days after the date of enactment of the Tribal Connect Act of 2022 Tribal Essential Community-Serving Institution Program (i) under which the Commission shall— (I) provide an opportunity for Indian Tribes to request broadband internet access service at essential community-serving institutions located on Tribal land; and (II) authorize support for the development of infrastructure to provide the services requested under subclause (I) in a manner similar to the deployment supported under the High-Cost Program; and (ii) which shall remain in effect through the end of fiscal year 2025. (B) Eligibility Universal service support obtained under this paragraph shall only be available if the applicable essential community-serving institution intends to deliver publicly available broadband internet access service and telecommunications services to students, teachers, librarians, and members of the community. (C) Eligibility for support after the demonstration program An essential community-serving institution that receives universal service support under this paragraph shall, after the conclusion of the pilot program described in subparagraph (A), be eligible for universal service support through existing (as of the date on which that pilot program concludes) and future universal service fund programs. (D) Use of contributions Of amounts collected under subsection (d), not more than $300,000,000 shall be made available to carry out the pilot program described in subparagraph (A). (3) Training and technical assistance for Indian Tribes and essential community-serving institutions (A) Technical assistance; annual reports (i) In general The Commission shall— (I) direct the administrator of the universal service support programs under this section to— (aa) provide technical assistance to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, including by conducting— (AA) outreach efforts targeted to Tribal schools and libraries, essential community-serving institutions, and Indian Tribes that do not have schools and libraries to promote awareness of the E-rate program and the demonstration programs; and (BB) specific training programs for Tribal schools and libraries, essential community-serving institutions, and Indian Tribes; and (bb) submit to the Commission an annual report regarding the provision of the technical assistance required under item (aa) during the year covered by the report; and (II) submit each annual report received under subclause (I)(bb) to— (aa) the Committee on Commerce, Science, and Transportation of the Senate; (bb) the Committee on Indian Affairs of the Senate; (cc) the Committee on Energy and Commerce of the House of Representatives; and (dd) the Committee on Natural Resources of the House of Representatives. (ii) Authorization of appropriations There are authorized to be appropriated $25,000,000 to provide the technical assistance required under clause (i)(I)(aa) for fiscal years 2023 through 2026. (B) Review of annual reports The Commission shall— (i) review each annual report received under subparagraph (A)(i)(I)(bb) to determine whether additional steps are necessary to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, so that all students who are members of Indian Tribes can have access to robust, high-speed broadband internet access service connections; and (ii) in conducting a review required under clause (i), consider the resources available to Tribal members through the entity responsible for administering the universal service programs established under this section. (C) Grants (i) In general The Institute of Museum and Library Services, in coordination with the Commission and the entity responsible for administering the universal service programs established under this section, shall make direct grants to essential community-serving institutions and Indian Tribes for technical assistance initiatives regarding the application process for the E-rate program and the pilot program established under paragraph (2). (ii) Authorization of appropriations There are authorized to be appropriated $25,000,000 to make the grants described in clause (i). (4) Coordination and performance measurement The Commission shall— (A) improve the reliability of the data of the Commission relating to institutions that receive universal service support by defining the term Tribal (B) develop performance goals and measures to track progress on achieving the strategic objective of the Commission of ensuring that all Indian Tribes have affordable access to broadband internet access service for educational purposes for students, teachers, librarians, and members of the community; (C) in coordination with the Institute of Museum and Library Services, identify, in the United States, all— (i) Tribal libraries; (ii) developing Tribal libraries; and (iii) Indian Tribes without adequate library services; and (D) not later than 2 years after the date of enactment of the Tribal Connect Act of 2022 (n) Appointment of Tribal member; expansion of office Not later than 180 days after the date of enactment of the Tribal Connect Act of 2022 (1) appoint a member of an Indian Tribe, as defined in subsection (m)(1), to the board of directors of that entity; and (2) create or expand the office of that entity dealing with matters affecting Indian Tribes, as defined in subsection (m)(1). .	Tribal Connect Act of 2022
Klamath Power and Facilities Agreement Support Act This bill addresses projects in the Klamath River Basin in Oregon and California. The Bureau of Reclamation must support lowering the Klamath Irrigation District's net delivered power cost through certain agreements (e.g., an agreement with the Bonneville Power Administration). Further, Reclamation may enter into contracts and agreements with state and local governments, tribes, and private parties to plan, construct, operate, and maintain projects in the basin watershed to include facilities to reduce fish entrainment (i.e., the transport of fish along the flow of water, out of their normal habitat and into unnatural or harmful environments); projects that reduce or avoid impacts on aquatic resources caused by diversion of water for irrigation; and projects that restore basin watershed habitats, including tribal fishery resources held in trust. The bill also authorizes Reclamation to pay for a portion of the operation and maintenance costs of an irrigation pumping plant in Tulelake, California. It also provides for contracts to cover certain costs involved with the replacement of the C-Canal flume within the Klamath Project. Further, the bill provides statutory authorization for Reclamation to implement a 2016 agreement to take ownership and operation of the Keno Dam and operation of the Link River Dam.	106 S5003 IS: Klamath Power and Facilities Agreement Support Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5003 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Wyden Mr. Merkley Committee on Energy and Natural Resources A BILL To amend the Klamath Basin Water Supply Enhancement Act of 2000 to provide the Secretary of the Interior with certain authorities with respect to projects affecting the Klamath Basin watershed, and for other purposes. 1. Short title This Act may be cited as the Klamath Power and Facilities Agreement Support Act 2. Klamath project water and power (a) Addressing water, power, and facilities management for irrigation Section 4 of the Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 (1) in subsection (b), by striking paragraph (1) and inserting the following: (1) In general Subject to appropriations and required environmental reviews, the Secretary is authorized to carry out activities, including entering into a contract or making financial assistance available through cooperative agreements or other methods, to plan, implement, and administer programs, including conservation and efficiency measures, land idling, and use of groundwater, to align water supplies and demand for irrigation water users associated with the Klamath Project, with a primary emphasis on programs developed or endorsed by local entities comprised of representatives of those water users. ; (2) in subsection (c), by adding at the end the following: (2) Implementation (A) In general Beginning not later than 180 days after the date of enactment of the Klamath Power and Facilities Agreement Support Act (B) Requirement The implementation of recommendations under subparagraph (A) shall be carried out in accordance with— (i) the report submitted under paragraph (1); and (ii) any reports submitted under paragraph (3). (3) Additional reports Not later than April 30, 2025, and every 5 years thereafter, the Secretary shall submit to each committee described in the matter preceding subparagraph (A) of paragraph (1) a report that describes— (A) any progress toward meeting the requirements of this subsection; and (B) any modifications or updates to the actions recommended under paragraph (1)(B). ; and (3) by adding at the end the following: (d) Restoration Activities The Secretary may— (1) plan, design, construct, operate, and maintain projects in the Klamath Basin watershed, including— (A) facilities to reduce fish entrainment; (B) projects that reduce or avoid impacts on aquatic resources of facilities involved in the storage or diversion of water for irrigation in the Klamath Project service area; and (C) projects that restore habitats in the Klamath Basin watershed, including Tribal fishery resources held in trust; (2) undertake studies, including feasibility studies, and improvements that the Secretary determines to be necessary to implement this subsection; (3) in implementing this subsection, enter into contracts, memoranda of understanding, financial assistance agreements, cost-sharing agreements, or other appropriate agreements with— (A) State, Tribal, and local governmental agencies; and (B) private parties; and (4) accept and expend non-Federal funds in order to facilitate implementation of this subsection. (e) Goals The goals of activities under subsections (b) and (d) shall include, as applicable— (1) the short-term and long-term reduction and resolution of conflicts relating to water in the Klamath Basin watershed; and (2) compatibility and utility for protecting natural resources throughout the Klamath Basin watershed, including the protection, preservation, and restoration of Klamath River Tribal fishery resources, particularly through collaboratively developed agreements. (f) Pumping Plant D The Secretary may enter into 1 or more agreements with the Tulelake Irrigation District to reimburse the Tulelake Irrigation District for not more than 69 percent of the cost incurred by the Tulelake Irrigation District for the operation and maintenance of Pumping Plant D, subject to the condition that the cost results in benefits to the United States. (g) Keno and Link river dams The Secretary shall comply with the terms of the agreement entitled 2016 Klamath Power and Facilities Agreement (h) Replacement of C Canal flume (1) In general The replacement of the C Canal flume within the Klamath Project shall be considered to be, and shall receive the treatment authorized for, qualified emergency extraordinary operation and maintenance work in accordance with Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. (2) Contract (A) In general Not later than 180 days after the date of receipt of a request from the Klamath Irrigation District to enter into a contract with the Klamath Irrigation District to amend the contract numbered 16–WC–20–4838, the Secretary shall enter into a contract with the Klamath Irrigation District providing that— (i) 35 percent of the total repayment obligation under the contract entered into under this subparagraph is nonreimbursable to the United States; and (ii) 65 percent of the total repayment obligation under the contract entered into under this subparagraph shall be repaid to the United States over a period of 50 years. (B) Inclusion Although the Secretary shall not condition the agreement to the contract entered into under subparagraph (A) on any other term, the contract may include other terms that are not less favorable to the contractor than contract numbered 16–WC–20–4838. . (b) Administration; effect (1) Compliance In implementing the amendments made by this section, the Secretary of the Interior shall comply with— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) all other applicable laws. (2) Effect None of the amendments made by this section— (A) modify any authority or obligation of the United States with respect to any Tribal trust or treaty obligation of the United States; (B) (i) create or determine any water right; or (ii) affect any water right or water right claim in existence on the date of enactment of this Act; or (C) authorize the use of Federal funds for the physical deconstruction of the Iron Gate, Copco 1, Copco 2, or John C. Boyle Dam located on the Klamath River in the States of California and Oregon.	Klamath Power and Facilities Agreement Support Act
Mandatory Materiality Requirement Act of 2022 This bill limits additional disclosure requirements applicable to issuers of securities. Specifically, the Securities and Exchange Commission may only require an additional disclosure if the commission determines that there is a substantial likelihood that a reasonable investor of the issuer would consider the information important with respect to an investment decision.	117 S5005 IS: Mandatory Materiality Requirement Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5005 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Rounds Ms. Lummis Mr. Tillis Mr. Hagerty Mr. Boozman Mr. Daines Mr. Grassley Mr. Sullivan Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Act of 1933 to require that information required to be disclosed to the Securities and Exchange Commission by issuers be material to investors of those issuers, and for other purposes. 1. Short title This Act may be cited as the Mandatory Materiality Requirement Act of 2022 2. Limitation on disclosure requirements (a) Securities Act of 1933 Section 2(b) of the Securities Act of 1933 ( 15 U.S.C. 77b(b) (1) in the subsection heading, by inserting ; limitation on disclosure requirements Formation (2) by striking Whenever (1) In general Whenever ; and (3) by adding at the end the following: (2) Limitation (A) In general Whenever pursuant to this title the Commission is engaged in rulemaking regarding disclosure obligations of issuers, the Commission may impose a disclosure requirement on an issuer only if the Commission expressly determines that there is a substantial likelihood that a reasonable investor of the issuer would consider the information disclosed to the Commission under the requirement to be important with respect to an investment decision regarding the issuer. (B) Applicability Subparagraph (A) shall not apply with respect to the removal of any disclosure requirement with respect to an issuer. (C) Rule of construction For the purposes of this paragraph, information is important with respect to an investment decision made by an investor if there is a substantial likelihood that the investor would view the failure to disclose that information as having significantly altered the total mix of information made available to the investor. . (b) Securities Exchange Act of 1934 Section 3(f) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(f) (1) in the subsection heading, by inserting ; limitation on disclosure requirements Formation (2) by striking Whenever (1) In general Whenever ; and (3) by adding at the end the following: (2) Limitation (A) In general Whenever pursuant to this title the Commission is engaged in rulemaking regarding disclosure obligations of issuers, the Commission may impose a disclosure requirement on an issuer only if the Commission expressly determines that there is a substantial likelihood that a reasonable investor of the issuer would consider the information disclosed to the Commission under the requirement to be important with respect to an investment decision regarding the issuer. (B) Applicability Subparagraph (A) shall not apply with respect to the removal of any disclosure requirement with respect to an issuer. (C) Rule of construction For the purposes of this paragraph, information is important with respect to an investment decision made by an investor if there is a substantial likelihood that the investor would view the failure to disclose that information as having significantly altered the total mix of information made available to the investor. .	Mandatory Materiality Requirement Act of 2022
African Diaspora Heritage Month Act of 2022 This bill designates September as African Diaspora Heritage Month.	117 S5006 ES: African Diaspora Heritage Month Act of 2022 U.S. Senate 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. 117th CONGRESS 2d Session S. 5006 IN THE SENATE OF THE UNITED STATES AN ACT To designate the month of September as African Diaspora Heritage Month. 1. Short title This Act may be cited as the African Diaspora Heritage Month Act of 2022 2. Findings Congress finds that— (1) the African diaspora population in the United States has grown significantly in recent years, with the number of African immigrants growing at a rate of almost 246 percent from 2000 to 2019; (2) the African diaspora community is one of the most diverse communities in the United States, inclusive of people who speak multiple languages, whose rich heritage comes from all across the African continent, and whose members practice various faiths; (3) during the 17th, 18th, and 19th centuries, a significant number of enslaved people from Africa were brought to the United States; (4) immigrants of African origin boast some of the highest educational achievements of any immigrant group; (5) African diaspora households contribute billions of dollars to the economy of the United States, with an estimated $10,100,000,000 in Federal taxes, $4,700,000,000 in State and local taxes, and a spending power of more than $40,300,000,000 in 2015; (6) Sub-Saharan African immigrants living in the United States, Europe, and elsewhere sent back $46,000,000,000 in remittances to the continent of Africa in 2021; (7) Government agencies, including the International Development Finance Corporation, the Department of Commerce, the Department of the Treasury, and the United States Trade Representative are critical to investments and enduring mutual partnerships between the United States and African nations; (8) in 2019, through the African Growth and Opportunity Act ( 19 U.S.C. 3701 et seq. (9) Prosper Africa and other similar Government initiatives are critical to building and strengthening ties between the United States and African businesses; (10) the total two-way goods trade with Sub-Saharan Africa totaled $44,900,000,000 in 2021, a 22 percent increase from $36,800,000,000 in 2019; (11) the African diaspora plays an invaluable role in shaping Government policy; (12) members of the African diaspora have an invaluable understanding of cross-cultural engagement between the United States and Africa, existing relations and networks on the African continent, and can support efforts to facilitate stronger ties between the United States and Africa; (13) the United States is committed to strengthening the government-to-government relationships between the United States and countries throughout the African continent; (14) Congress strongly supports the United States hosting a second United States-Africa Leaders Summit in December 2022, and urges collaboration between the Government and the African diaspora community in the United States in advance, during, and after the Summit as an opportunity to strengthen ties between the United States and African nations; (15) the African diaspora harbors a deep commitment to family and community, an enduring work ethic, and a perseverance to succeed and contribute to the society of the United States; and (16) all members of the African diaspora in the United States deserve access to Federal resources and a voice in the Government of the United States. 3. African Diaspora Heritage Month (a) In general Chapter 1 (1) by redesignating the second section 146 as section 147; and (2) by adding at the end the following: 148. African Diaspora Heritage Month (a) Designation September is African Diaspora Heritage Month. (b) Proclamations The President is requested to issue each year a proclamation calling on the people of the United States, and the chief executive officers of each State of the United States, the District of Columbia, and each territory and possession of the United States are requested to issue each year proclamations calling on the people of their respective jurisdictions, to observe African Diaspora Heritage Month with appropriate programs, ceremonies, and activities. . (b) Technical and conforming amendment The table of sections for chapter 1 (1) by striking the item relating to the second section 146 and inserting the following: 147. Choose Respect Day. 148. African Diaspora Heritage Month. . Passed the Senate December 13, 2022. Secretary	African Diaspora Heritage Month Act of 2022
Emergency Conservation Program Improvement Act of 2022 This bill revises the Emergency Conservation Program and the Emergency Forest Restoration Program to provide agricultural producers and owners of nonindustrial private forest land impacted by natural disasters the option to receive an advance on cost-sharing payments before carrying out emergency measures. The bill also expands eligibility for payments under the programs to include emergency measures to address damages caused by (1) a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes, and (2) a wildfire that is caused by the federal government.	117 S5007 IS: Emergency Conservation Program Improvement Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5007 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mrs. Fischer Mr. Luján Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Credit Act of 1978 to remove barriers to agricultural producers in accessing funds to carry out emergency measures under the emergency conservation program, and for other purposes. 1. Short title This Act may be cited as the Emergency Conservation Program Improvement Act of 2022 2. Improving the Emergency Conservation Program Section 401 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2201 (1) in subsection (b)— (A) in the subsection heading, by inserting and other emergency conservation measures fencing (B) in paragraph (1)— (i) by inserting or other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary), replacement of fencing, (ii) by striking option of receiving option of receiving, before the agricultural producer carries out the repair, replacement, or restoration— (A) with respect to a payment to the agricultural producer for a replacement, 75 percent of the cost of the replacement, as determined by the Secretary based on the fair market value of the cost of the replacement using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service; and (B) with respect to a payment to the agricultural producer for a repair or restoration, 50 percent of the cost of the repair or restoration, as determined by the Secretary based on the fair market value of the cost of the repair or restoration using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. ; and (2) by adding at the end the following: (c) Wildfire determination A wildfire that causes damage eligible for a payment under subsection (a) includes— (1) a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes; and (2) a wildfire that is caused by the Federal Government. . 3. Improving the Emergency Forest Restoration Program Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 (1) in subsection (a)(2), by striking wildfires, wildfires (including a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes and a wildfire that is caused by the Federal Government), (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: (e) Advance payments (1) In general The Secretary shall give an owner of nonindustrial private forest land the option of receiving, before the owner carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary based on the fair market value of the cost of the emergency measures using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. (2) Return of funds If the funds provided under paragraph (1) are not expended by the end of the 60-day period beginning on the date on which the owner of nonindustrial private forest land receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary. .	Emergency Conservation Program Improvement Act of 2022
Investing in State Energy Act of 2022 This bill revises requirements concerning the distribution of funds under the Weatherization Assistance Program (WAP) and the State Energy Program (SEP) to state agencies and local partners that implement energy initiatives. Under WAP, the Department of Energy (DOE) reduces energy costs for low-income households by increasing the energy efficiency of their homes. Under SEP, DOE supports state energy conservation plans and energy security. This bill requires DOE, upon receiving state or area plans under WAP or SEP, to distribute funds to the recipients of the funding as quickly as practicable. Within 60 days of Congress making the funds available for WAP and SEP, DOE must (1) provide application guidance for financial assistance, and (2) publish the allocation of financial assistance to be provided to states under the programs.	117 S5009 IS: Investing in State Energy Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5009 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mrs. Shaheen Ms. Collins Mr. Reed Mr. Coons Committee on Energy and Natural Resources A BILL To require certain information and financial assistance under the State energy program and the Weatherization Assistance Program to be distributed without undue delay to support State and local high-impact energy efficiency and renewable energy initiatives, and for other purposes. 1. Short title This Act may be cited as the Investing in State Energy Act of 2022 2. Timing for distribution of certain information and financial assistance under the Weatherization Assistance Program and the State energy program (a) Timing for distribution of certain information and financial assistance under the weatherization assistance program Section 417 of the Energy Conservation and Production Act ( 42 U.S.C. 6867 (1) in subsection (d), by striking the subsection designation and all that follows through Payments (d) Method and timing of payments (1) In general Payments ; and (2) by adding at the end the following: (2) Timing On receipt of a plan adopted pursuant to section 415(b), the Secretary shall distribute funds to the State, Indian Tribe, or other direct recipient to which the plan applies as quickly as practicable. (e) Distribution of information Not later than 60 days after the date on which funds have been made available to provide assistance under this part, the Secretary shall— (1) release application guidance to States, Indian Tribes, and other direct recipients of assistance under this part; and (2) publish the allocation of assistance to be provided to States, Indian Tribes, and other direct recipients of assistance under this part in accordance with the applicable distribution formula for the fiscal year. . (b) Timing for distribution of certain information and financial assistance under the State energy program Section 363 of the Energy Policy and Conservation Act ( 42 U.S.C. 6323 (f) Distribution of information Not later than 60 days after the date on which funds have been made available to provide financial assistance under this section, the Secretary shall— (1) release application guidance for financial assistance for energy conservation plans under this section; and (2) publish the allocation of assistance to be provided to States under this section in accordance with the applicable distribution formula for the fiscal year, including pursuant to subsection (b). (g) Timing of payments On receipt of a State energy conservation plan submitted under section 362, the Secretary shall distribute funds to a State as quickly as practicable. .	Investing in State Energy Act of 2022
Earmark Elimination Act of 2021 This bill establishes a point of order in the Senate against considering legislation that includes an earmark. An earmark is generally any congressionally directed spending, tax benefit, or tariff benefit that benefits a specific entity, state, locality, or congressional district other than through a statutory or administrative formula or competitive award process. The point of order may be waived by an affirmative vote of two-thirds of the Senate. If the point of order is successfully raised and sustained, the earmark must be stricken from the legislation.	117 S501 IS: Earmark Elimination Act of 2021 U.S. Senate 2021-03-01 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. II 117th CONGRESS 1st Session S. 501 IN THE SENATE OF THE UNITED STATES March 1, 2021 Mr. Daines Mr. Cruz Ms. Ernst Mr. Lankford Mr. Lee Mr. Johnson Mr. Paul Mr. Rubio Mr. Toomey Mr. Portman Committee on Rules and Administration A BILL To prohibit earmarks. 1. Short title This Act may be cited as the Earmark Elimination Act of 2021 2. Prohibition on earmarks (a) Bills and joint resolutions, amendments, amendments between the Houses, and conference reports (1) In general It shall not be in order in the Senate to consider a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that includes an earmark. (2) Procedure (A) In general Upon a point of order being made by any Senator under paragraph (1) against an earmark, and such point of order being sustained, such earmark shall be stricken. (B) Form of the point of order A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) (b) Conference report and amendment between the Houses procedure When the Senate is considering a conference report, or an amendment between the Houses— (1) upon a point of order being made by any Senator under subsection (a) with respect to one or more earmarks, and such point of order being sustained, such earmarks shall be stricken; and (2) after all points of order under subsection (a) have been disposed of— (A) the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken; (B) any such motion in the Senate shall be debatable under the same conditions as was the conference report or amendment between the Houses; and (C) in any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (c) Waiver; appeal A point of order under subsection (a) may be waived only by an affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). (d) Definitions (1) Earmark For the purpose of this section, the term earmark (A) included primarily at the request of a Senator or Member of the House of Representatives that provides, authorizes, or recommends a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process; (B) that— (i) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code of 1986; and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (C) that modifies the Harmonized Tariff Schedule of the United States in a manner that benefits ten or fewer entities. (2) Determination by the Senate In the event the Chair is unable to ascertain whether a provision with respect to which a Senator raises a point of order under subsection (a) constitutes an earmark, the question of whether the provision constitutes an earmark shall be submitted to the Senate and be decided without debate. (e) Application This section shall not apply to any authorization of appropriations to a Federal entity if such authorization is not specifically targeted to a State, locality, or congressional district.	Earmark Elimination Act of 2021
Ensuring Ukrainian Sovereignty Act This bill requires the immediate termination of all economic and military assistance to any country that recognizes Russia's annexation of any part of Ukraine.	117 S5010 IS: Ensuring Ukrainian Sovereignty Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5010 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Graham Committee on Foreign Relations A BILL To terminate United States economic and military assistance to any country that recognizes Russia's efforts to annex any part of Ukraine. 1. Short title This Act may be cited as the Ensuring Ukrainian Sovereignty Act 2. Purpose The purpose of this Act is to ensure that any country that recognizes the annexation by the Russian Federation of any part of Ukraine, including any territory taken from Ukraine beginning in 2014 and the results of any referenda sponsored by the Russian Federation that are held within Russian-occupied areas of Ukraine’s Donetsk, Luhansk, Zaporizhzhia, and Kherson regions, does not receive any economic or military assistance from the United States. 3. Termination of foreign assistance (a) Restriction The President shall immediately terminate all economic and military assistance from the United States to any country that recognizes any annexation described in section 2 and is prohibited from providing any such assistance to any such country. (b) Report The President shall— (1) submit a report to Committee on Foreign Relations of the Senate Committee on Armed Services of the Senate Committee on Appropriations of the Senate Committee on Foreign Affairs of the House of Representatives Committee on Armed Services of the House of Representatives Committee on Foreign Affairs of the House of Representatives (A) lists all of the countries that are subject to the restrictions described in subsection (a); and (B) identifies the amount of funding affected by such restrictions, disaggregated by country and program; and (2) submit an update of such report to the committees referred to in paragraph (1) whenever a country is added to, or removed from, the list referred to in paragraph (1).	Ensuring Ukrainian Sovereignty Act
One Stop Shop for Small Business Licensing Act of 2022 This bill requires the Office of Entrepreneurship Education of the Small Business Administration to establish a website that provides licensing and business permit information for small businesses.	117 S5012 IS: One Stop Shop for Small Business Licensing Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5012 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Rosen Mrs. Capito Committee on Small Business and Entrepreneurship A BILL To require the Director of the Office of Entrepreneurship Education of the Small Business Administration to establish and maintain a website regarding small business permitting and licensing requirements, and for other purposes. 1. Short title This Act may be cited as the One Stop Shop for Small Business Licensing Act of 2022 2. Centralized website for business permit and licensing requirements (a) Definitions In this section— (1) the term Director (2) the term small business concern 15 U.S.C. 632(a) (b) Website Not later than 1 year after the date of enactment of this Act, the Director shall establish, and thereafter the Director shall maintain, a publicly available website that provides information regarding Federal, State, and local business permitting and licensing requirements with respect to the operation of a small business concern, which shall be organized based on the location and type of small business concern.	One Stop Shop for Small Business Licensing Act of 2022
Protection and Advocacy in Education Act This bill directs the Department of Education to award grants for protection and advocacy systems to protect and advocate the rights of students with disabilities.	117 S5013 IS: Protection and Advocacy in Education Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5013 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Hassan Committee on Health, Education, Labor, and Pensions A BILL To authorize grants to establish a national education protection and advocacy program to enforce the rights and protections under the Individuals with Disabilities Education Act, the Americans with Disabilities Act of 1990, and section 504 of the Rehabilitation Act of 1973, and for other purposes. 1. Short title This Act may be cited as the Protection and Advocacy in Education Act 2. Grants to establish a national education protection and advocacy program (a) Definitions In this section: (1) American Indian consortium The term American Indian consortium 42 U.S.C. 15002 (2) Educational setting The term educational setting (3) Secretary The term Secretary (4) Protection and advocacy system The term protection and advocacy system 42 U.S.C. 15043 (b) Program established The Secretary shall make grants to protection and advocacy systems for the purpose of protecting the rights and advocating for the educational needs of children, youth, and adults who are (or may be) protected by or eligible for education or related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. (c) Uses of funds A protection and advocacy system shall use a grant under this section to carry out one or more of the following: (1) Monitoring and identifying conditions and practices that violate the laws described in subsection (b) with respect to the rights of students with disabilities. (2) Advocating for safe and humane conditions and the elimination of aversive and other dangerous practices at educational settings, including seclusion and restraint. (3) Collaborating with parent training and information centers, as described in section 671 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1471 (4) Advocating for redress of violations of the law and providing advocacy in dispute resolution proceedings. (5) Advocating for systemic change in educational settings to address violations of the laws described in subsection (b). (6) Pursuing administrative, legal, and other appropriate remedies to ensure that children, youth, and adults with disabilities in educational settings are eligible for and receiving the education, related services, protections, and rights to which they are entitled under the laws described in subsection (b). (d) System requirements To be eligible for a grant under this section, a protection and advocacy system shall— (1) have the authority to investigate incidents of abuse and neglect of youth, children, and adults with disabilities in educational settings if the incidents are reported to the protection and advocacy system or if there is probable cause to believe that the incidents occurred; (2) have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of children, youth, and adults in educational settings who are protected by or are (or may be) eligible for education or related services under the laws described in subsection (b); and (3) have the same authorities as set forth in section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 (e) Application A protection and advocacy system shall submit an application to the Secretary at such time, in such form and manner, and accompanied by such information as the Secretary may require, and shall include a description of how the system will use grant funds to address the needs of children, youth, and adults with disabilities in educational settings. (f) Appropriations less than $6,750,000 (1) In general With respect to any fiscal year for which the amount appropriated pursuant to subsection (o) to carry out this section is less than $6,750,000, the Secretary shall reserve funds in accordance with subsection (n)(1) and make grants from such remaining amounts among protection and advocacy systems that apply for a grant under this section. (2) Amount of grant The amount of a grant under paragraph (1) shall not be less than— (A) $120,000 for a protection and advocacy system located in 1 of the several States, the District of Columbia, or the Commonwealth of Puerto Rico; and (B) $60,000 for a protection and advocacy system located in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or the American Indian Consortium. (g) Appropriations of $6,750,000 or more (1) In general With respect to any fiscal year in which the amount appropriated pursuant to subsection (o) to carry out this section is not less than $6,750,000, the Secretary shall reserve funds in accordance with subsection (n)(2) and make grants from such remaining amounts not later than January 1 of the fiscal year to protection and advocacy systems that apply for a grant under this section. (2) Amount of grant Subject to paragraph (3), the amount of a grant to a protection and advocacy system under paragraph (1) shall be equal to an amount bearing the same ratio to the total amount appropriated for the fiscal year involved pursuant to subsection (o) and not reserved as the population of the State in which the grantee is located bears to the population of all States. (3) Minimums The amount of a grant under paragraph (1) shall not be less than— (A) $120,000 for a protection and advocacy system located in one of the several States, the District of Columbia, or the Commonwealth of Puerto Rico; and (B) $60,000 for a protection and advocacy system located in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands, and for the system serving the American Indian Consortium. (4) Adjustment For each fiscal year in which the total amount appropriated under subsection (o) to carry out this section is $10,000,000 or more, and such appropriated amount exceeds the total amount appropriated to carry out this section for the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under subsection (o) to carry out this section between the preceding fiscal year and the fiscal year involved. (h) Direct payment Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant for such system, unless the system provides otherwise for such payment. (i) No matching funds required The Federal share of a grant under this section shall be 100 percent and a grant recipient shall not be required to provide matching funds. (j) Annual report Each protection and advocacy system that receives a grant under this section shall submit an annual report to the Secretary concerning the services provided to protect and advocate for the educational needs of children, youth, and adults who are (or may be) eligible for education and related services under the laws described in subsection (b). (k) Administrative, reporting, and oversight requirements To the extent possible, reporting, monitoring, program financing, and other administrative and oversight requirements established by the Secretary under this section shall be consistent with the administrative, reporting, and oversight requirements for a protection and advocacy system under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 150001 et seq. (l) Supplement, not supplant A protection and advocacy system receiving funds under this section shall use such funds to supplement, and not supplant, funds used to protect the rights and advocate for the educational needs of children, youth, and adults who are (or may be) protected under or eligible for services under the laws described in subsection (b). (m) Carryover and program income Any amounts paid to a protection and advocacy system for a fiscal year under this section that remain unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. Program income generated from such amounts shall be considered additive and shall remain available for 5 additional fiscal years after the year in which such amount was paid to the protection and advocacy system. (n) Technical assistance (1) Appropriations of less than $6,750,000 For any fiscal year for which the amount appropriated to carry out this section is less than $6,750,000, the Secretary shall set aside 1 percent of the funds appropriated (but not less than $50,000) to make a grant to or a contract or cooperative agreement with a national organization with experience in providing training and technical assistance to protection and advocacy systems to provide such training and technical assistance. (2) Appropriations of not less than $6,750,000 For any fiscal year for which the amount appropriated to carry out this section is not less than $6,750,000, the Secretary shall set aside 2 percent of the funds appropriated to make a grant to or contract or cooperative agreement with a national organization with experience in providing training and technical assistance to protection and advocacy systems to provide such training and technical assistance. (o) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2023 through 2032.	Protection and Advocacy in Education Act
Preventing Frivolous Actions by IRS Agents Act This bill requires the Internal Revenue Service (IRS) to reimburse audited taxpayers whose gross income does not exceed $400,000 in the year of their audit and who have not been convicted of any crime related to the audit for the costs of such audit, including attorney's fees and court costs for civil or criminal proceedings in which the taxpayer prevails in court.	117 S5014 IS: Preventing Frivolous Actions by IRS Agents Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5014 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Marshall Mr. Braun Committee on Finance A BILL To require the Internal Revenue Service to pay for costs incurred by certain persons in the course of an audit. 1. Short title This Act may be cited as the Preventing Frivolous Actions by IRS Agents Act 2. Fees and expenses of audits (a) In general Subchapter A of chapter 78 7613. Fees and expenses of audits (a) In general In the case of an eligible taxpayer, the taxpayer shall be entitled to the payment of any fees or other expenses paid or incurred by the taxpayer in the course of an audit under this subtitle. (b) Timing of payment The payment under subsection (a) shall be due after the disposition of the taxpayer's case, including completion of any judicial proceedings. (c) Eligible taxpayer For purposes of this section, the term eligible taxpayer . (b) Clerical amendment The table of sections for subchapter A of chapter 78 Sec. 7613. Fees and expenses of audits. . 3. Attorney's fees, etc (a) In general Chapter 76 F Fees and expenses Sec. 7495. Fees and expenses. 7495. Fees and expenses In the case of any civil or criminal proceeding brought by or at the request of the Secretary in which the taxpayer prevails in court, the taxpayer shall be entitled to the payment of attorney's fees, court costs, and other expenses related to the taxpayer's defense in such proceeding. . (b) Clerical amendment The table of subchapters for chapter 76 SUBCHAPTER F—Fees and expenses .	Preventing Frivolous Actions by IRS Agents Act
Healthy Moms and Babies Act This bill establishes programs and requirements to support maternal health services under Medicaid and the Children's Health Insurance Program (CHIP), such as coverage options for maternity health homes, demonstration projects to expand telehealth services for pregnant and postpartum women, and agency guidance for states to address social determinants of health.	111 S5015 IS: Healthy Moms and Babies Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5015 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Grassley Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to improve maternal health coverage under Medicaid and CHIP, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Healthy Moms and Babies Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Mandatory reporting by State Medicaid programs on adult health care quality measures of maternal and perinatal health. Sec. 4. Medicaid quality improvement initiatives to reduce rates of caesarean sections. Sec. 5. State option to provide coordinated care through a health home for pregnant and postpartum women. Sec. 6. Guidance on care coordination to support maternal health. Sec. 7. MACPAC study on doulas and community health workers. Sec. 8. Demonstration projects to improve the delivery of maternal health care through telehealth. Sec. 9. CMS report on coverage of remote physiologic monitoring devices and impact on maternal and child health outcomes under Medicaid. Sec. 10. Guidance on community-based maternal health programs. Sec. 11. Developing guidance on maternal mortality and severe morbidity reduction for maternal care providers receiving payment under the Medicaid program. Sec. 12. Collection of information related to social determinants of the health of Medicaid and CHIP beneficiaries. Sec. 13. Report on payment methodologies for transferring pregnant women between facilities before, during, and after childbirth. Sec. 14. Medicaid guidance on State options to address social determinants of health for pregnant and postpartum women. Sec. 15. Payment error rate measurement (PERM) audit and improvement requirements. 2. Definitions In this Act: (1) CHIP The term CHIP 42 U.S.C. 1397aa et seq. (2) Comptroller General The term Comptroller General (3) Group health plan; health insurance issuer, etc The terms group health plan health insurance coverage health insurance issuer group health insurance coverage individual health insurance coverage 42 U.S.C. 300gg–91 (4) Medicaid The term Medicaid 42 U.S.C. 1396 et seq. (5) Medicaid managed care organization The term medicaid managed care organization 42 U.S.C. 1396b(m)(1)(A) (6) Secretary The term Secretary (7) State The term State 42 U.S.C. 701 et seq. 3. Mandatory reporting by State Medicaid programs on adult health care quality measures of maternal and perinatal health Section 1139B of the Social Security Act ( 42 U.S.C. 1320b–9b (1) in subsection (b)— (A) in paragraph (3)(B)— (i) in the subparagraph heading, by inserting and maternal and perinatal health behavioral health (ii) by striking all behavioral health all behavioral health and maternal and perinatal health (iii) by inserting and of maternal and perinatal health care for Medicaid eligible adults Medicaid eligible adults (B) in paragraph (5)(C)— (i) in the subparagraph heading, by inserting and maternal and perinatal health behavioral health (ii) by inserting and, with respect to Medicaid eligible adults, maternal and perinatal health measures behavioral health measures (2) in subsection (d)(1)(A), by inserting and maternal and perinatal health behavioral health 4. Medicaid quality improvement initiatives to reduce rates of caesarean sections (a) Medicaid state plan amendment Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) (1) in paragraph (86), by striking and (2) in paragraph (87), by striking the period at the end and inserting ; and (3) by inserting after paragraph (87) the following: (88) provide that, not later than January 1, 2024, and annually thereafter through January 1, 2034, the State shall submit a report to the Secretary, that shall be made publicly available, which contains with respect to the preceding calendar year— (A) the rate of low-risk cesarean delivery, as defined by the Secretary in consultation with relevant stakeholders, for pregnant women eligible for medical assistance under the State plan or a waiver of such plan in the State, as compared to the overall rate of cesarean delivery in the State; (B) a description of the State’s quality improvement activities to safely reduce the rate of low-risk cesarean delivery (as so defined) for pregnant women eligible for medical assistance under the State plan or a waiver of such plan in the State reported under subparagraph (A), including initiatives aimed at reducing racial and ethnic health disparities, hospital-level quality improvement initiatives, taking into account hospital type and the patient population served, and, if applicable, partnerships with State or regional perinatal quality collaboratives; (C) for each report submitted after January 1, 2024, the percentage change (if any) in the rate of low-risk cesarean delivery (as so defined) for pregnant women eligible for medical assistance under the State plan or a waiver of such plan in the State reported under subparagraph (A) from the rate reported for the most recent previous report; and (D) such other relevant data and information as determined by the Secretary, and in consultation with relevant stakeholders, such as State initiatives and evaluations of quality improvement activities, cesarean delivery rates, and health outcomes. . (b) GAO study regarding Medicaid caesarean births (1) Study The Comptroller General shall conduct a study regarding caesarean births under State Medicaid programs. The study shall include analyses of the following: (A) Changes in Medicaid payment rates for caesarean births and vaginal births over time, disaggregated by rates paid by fee-for-service Medicaid programs and by Medicaid programs that contract with medicaid managed care organizations and other specified entities to furnish medical assistance under such programs. (B) The frequency of primary and repeat caesarean births, as well as vaginal births after a caesarean, under Medicaid programs and a comparison of such frequency with the frequency of such births when paid for under a group health plan or by a health insurance issuer offering group or individual health insurance coverage. To the extent feasible, this information should be disaggregated according to race and ethnicity. (C) Comparisons of payment rates for caesarean and vaginal births under Medicaid programs with the payment rates for such births under a group health plan or by a health insurance issuer offering group or individual health insurance coverage. (D) Such other factors related to payment rates for caesarean and vaginal births under Medicaid as the Comptroller General determines appropriate. (2) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) GAO study on racial disparities in caesarean births (1) In general The Comptroller General shall conduct a study on racial disparities in the frequency of low- and high-risk caesarean births across hospitals of different settings (rural, urban, and suburban), volumes, and types (such as teaching, private, public, and not-for-profit) in a selection of 10 States. The study shall compare such information with respect to Medicaid and private payers and compare total charges, if feasible. The study shall also investigate, to the extent practicable, the day of the week and time of day that such births occur at a subset of hospitals in the selected States. Such study may consider other factors related to racial disparities in maternal health as the Comptroller General deems appropriate. (2) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. 5. State option to provide coordinated care through a health home for pregnant and postpartum women Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 1945B. State option to provide coordinated care through a health home for pregnant and postpartum women (a) State option (1) In general Notwithstanding section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability), beginning April 1, 2025, a State, at its option as a State plan amendment, may provide for medical assistance under this title to an eligible woman who chooses to— (A) enroll in a maternity health home under this section by selecting a designated provider, a team of health care professionals operating with such a provider, or a health team as the woman’s maternity health home for purposes of providing the woman with pregnancy and postpartum coordinated care services; or (B) receive such services from a designated provider, a team of health care professionals operating with such a provider, or a health team that has voluntarily opted to participate in a maternity health home for eligible women under this section. (2) Eligible woman defined In this section, the term eligible woman (A) who is eligible for medical assistance under the State plan (or under a waiver of such plan) for all items and services covered under the State plan (or waiver) that are not less in amount, duration, or scope, or are determined by the Secretary to be substantially equivalent, to the medical assistance available for an individual described in subsection (a)(10)(A)(i); and (B) who— (i) is pregnant; or (ii) had a pregnancy end within the last 365 days. (b) Qualification standards The Secretary shall establish standards for qualification as a maternity health home or as a designated provider, team of health care professionals operating with such a provider, or a health team eligible for participation in a maternity health home for purposes of this section. Such standards shall include requiring designated providers, teams of health care professionals operating with such providers, and health teams (designated as a maternity health home) to demonstrate to the State the ability to do the following: (1) Coordinate prompt care and access to necessary maternity care services, including services provided by specialists, and programs for an eligible woman during her pregnancy and the 365-day period beginning on the last day of her pregnancy. (2) Develop an individualized, comprehensive, patient-centered care plan for each eligible woman that accommodates patient preferences and, if applicable, reflects adjustments to the payment methodology described in subsection (c)(2)(B). (3) Develop and incorporate into each eligible woman’s care plan, in a culturally and linguistically appropriate manner consistent with the needs of the eligible woman, ongoing home care, community-based primary care, inpatient care, social support services, behavioral health services, local hospital emergency care, and, in the event of a change in income that would result in the eligible woman losing eligibility for medical assistance under the State plan or waiver, care management and planning related to a change in the eligible woman's health insurance coverage. (4) Coordinate with pediatric care providers, as appropriate. (5) Collect and report information under subsection (f)(1). (c) Payments (1) In general A State shall provide a designated provider, a team of health care professionals operating with such a provider, or a health team with payments for the provision of pregnancy and postpartum coordinated care services, to each eligible woman that selects such provider, team of health care professionals, or health team as the woman’s maternity health home or care provider. Payments made to a maternity health home or care provider for such services shall be treated as medical assistance for purposes of section 1903(a). (2) Methodology The State shall specify in the State plan amendment the methodology the State will use for determining payment for the provision of pregnancy and postpartum coordinated care services or treatment during an eligible woman's pregnancy and the 365-day period beginning on the last day of her pregnancy. Such methodology for determining payment— (A) may be based on— (i) a per-member per-month basis for each eligible woman enrolled in the maternity health home; (ii) a prospective payment model, in the case of payments to Federally qualified health centers or a rural health clinics; or (iii) an alternate model of payment (which may include a model developed under a waiver under section 1115) proposed by the State and approved by the Secretary; (B) may be adjusted to reflect, with respect to each eligible woman— (i) the severity of the risks associated with the woman's pregnancy; (ii) the severity of the risks associated with the woman's postpartum health care needs; and (iii) the level or amount of time of care coordination required with respect to the woman; and (C) shall be established consistent with section 1902(a)(30)(A). (d) Coordinating care (1) Hospital notification A State with a State plan amendment approved under this section shall require each hospital that is a participating provider under the State plan (or under a waiver of such plan) to establish procedures in the case of an eligible woman who seeks treatment in the emergency department of such hospital for— (A) providing the woman with culturally and linguistically appropriate information on the respective treatment models and opportunities for the woman to access a maternity health home and its associated benefits; and (B) notifying the maternity health home in which the woman is enrolled, or the designated provider, team of health care professionals operating with such a provider, or health team treating the woman, of the woman's treatment in the emergency department and of the protocols for the maternity health home, designated provider, or team to be involved in the woman’s emergency care or post-discharge care. (2) Education with respect to availability of a maternity health home (A) In general In order for a State plan amendment to be approved under this section, a State shall include in the State plan amendment a description of the State’s process for— (i) educating providers participating in the State plan (or a waiver of such plan) on the availability of maternity health homes for eligible women, including the process by which such providers can participate in or refer eligible women to an approved maternity health home or a designated provider, team of health care professionals operating such a provider, or health team; and (ii) educating eligible women, in a culturally and linguistically appropriate manner, on the availability of maternity health homes. (B) Outreach The process established by the State under subparagraph (A) shall include the participation of entities or other public or private organizations or entities that provide outreach and information on the availability of health care items and services to families of individuals eligible to receive medical assistance under the State plan (or a waiver of such plan). (3) Mental health coordination A State with a State plan amendment approved under this section shall consult and coordinate, as appropriate, with the Secretary in addressing issues regarding the prevention, identification, and treatment of mental health conditions and substance use disorders among eligible women. (4) Social and support services A State with a State plan amendment approved under this section shall consult and coordinate, as appropriate, with the Secretary in establishing means to connect eligible women receiving pregnancy and postpartum coordinated care services under this section with social and support services, including services made available under maternal, infant, and early childhood home visiting programs established under section 511, and services made available under section 330H or title X of the Public Health Service Act. (e) Monitoring A State shall include in the State plan amendment— (1) a methodology for tracking reductions in inpatient days and reductions in the total cost of care resulting from improved care coordination and management under this section; (2) a proposal for use of health information technology in providing an eligible woman with pregnancy and postpartum coordinated care services as specified under this section and improving service delivery and coordination across the care continuum; and (3) a methodology for tracking prompt and timely access to medically necessary care for eligible women from out-of-State providers. (f) Data collection (1) Provider reporting requirements In order to receive payments from a State under subsection (c), a maternity health home, or a designated provider, a team of health care professionals operating with such a provider, or a health team, shall report to the State, at such time and in such form and manner as may be required by the State, including through a health information exchange or other public health data sharing entity, the following information: (A) With respect to each such designated provider, team of health care professionals operating with such a provider, and health team (designated as a maternity health home), the name, National Provider Identification number, address, and specific health care services offered to be provided to eligible women who have selected such provider, team of health care professionals, or health team as the women's maternity health home. (B) Information on all applicable measures for determining the quality of services provided by such provider, team of health care professionals, or health team. (C) Such other information as the Secretary shall specify in guidance. (2) State reporting requirements (A) Comprehensive report A State with a State plan amendment approved under this section shall report to the Secretary (and, upon request, to the Medicaid and CHIP Payment and Access Commission), at such time, but at a minimum frequency of every 12 months, and in such form and manner determined by the Secretary to be reasonable and minimally burdensome, including through a health information exchange or other public health data sharing entity, the following information: (i) Information described in paragraph (1). (ii) The number and, to the extent available and while maintaining all relevant protecting privacy and confidentially protections, disaggregated demographic information of eligible women who have enrolled in a maternity health home pursuant to this section. (iii) The number of maternity health homes in the State. (iv) The medical conditions or factors that contribute to severe maternal morbidity among eligible women enrolled in maternity health homes in the State. (v) The extent to which such women receive health care items and services under the State plan before, during, and after the women’s enrollment in such a maternity health home. (vi) Where applicable, mortality data and data for the associated causes of death for eligible women enrolled in a maternity health home under this section, in accordance with subsection (g). For deaths occurring postpartum, such data shall distinguish between deaths occurring up to 42 days postpartum and deaths occurring between 43 days to up to 1 year postpartum. Where applicable, data reported under this clause shall be reported alongside comparable data from a State’s maternal mortality review committee, as established in accordance with section 317K(d) of the Public Health Service Act, for purposes of further identifying and comparing statewide trends in maternal mortality among populations participating in the maternity health home under this section. (B) Implementation report Not later than 18 months after a State has a State plan amendment approved under this section, the State shall submit to the Secretary, and make publicly available on the appropriate State website, a report on how the State is implementing the option established under this section, including through any best practices adopted by the State. (g) Confidentiality A State with a State plan amendment under this section shall establish confidentiality protections for the purposes of subsection (f)(2)(A) to ensure, at a minimum, that there is no disclosure by the State of any identifying information about any specific eligible woman enrolled in a maternity health home or any maternal mortality case, and that all relevant confidentiality and privacy protections, including the requirements under 1902(a)(7)(A), are maintained. (h) Rule of construction Nothing in this section shall be construed to require— (1) an eligible woman to enroll in a maternity health home under this section; or (2) a designated provider or health team to act as a maternity health home and provide services in accordance with this section if the provider or health team does not voluntarily agree to act as a maternity health home. (i) Planning grants (1) In general Beginning October 1, 2024, from the amount appropriated under paragraph (2), the Secretary shall award planning grants to States for purposes of developing and submitting a State plan amendment under this section. The Secretary shall award a grant to each State that applies for a grant under this subsection, but the Secretary may determine the amount of the grant based on the merits of the application and the goal of the State to prioritize health outcomes for eligible women. A planning grant awarded to a State under this subsection shall remain available until expended. (2) Appropriation There are authorized to be appropriated to the Secretary $50,000,000 for the period of fiscal years 2023 through 2025, for the purposes of making grants under this subsection, to remain available until expended. (3) Limitation The total amount of payments made to States under this subsection shall not exceed $50,000,000. (j) Additional definitions In this section: (1) Designated provider The term designated provider (2) Maternity health home The term maternity health home (3) Health team The term health team Public Law 111–148 (4) Pregnancy and postpartum coordinated care services (A) In general The term pregnancy and postpartum coordinated care services (B) Services described (i) In general The services described in this subparagraph shall include with respect to a State electing the State plan amendment option under this section, any medical assistance for items and services for which payment is available under the State plan or under a waiver of such plan. (ii) Other items and services In addition to medical assistance described in clause (i), the services described in this subparagraph shall include the following: (I) Any item or service for which medical assistance is otherwise available under the State plan (or a waiver of such plan) related to the treatment of a woman during the woman's pregnancy and the 1-year period beginning on the last day of her pregnancy, including mental health and substance use disorder services. (II) Comprehensive care management. (III) Care coordination (including with pediatricians as appropriate), health promotion, and providing access to the full range of maternal, obstetric, and gynecologic services, including services from out-of-State providers. (IV) Comprehensive transitional care, including appropriate follow-up, from inpatient to other settings. (V) Patient and family support (including authorized representatives). (VI) Referrals to community and social support services, if relevant. (VII) Use of health information technology to link services, as feasible and appropriate. (5) Team of health care professionals The term team of health care professionals (A) include— (i) physicians, including gynecologist-obstetricians, pediatricians, and other professionals such as physicians assistants, advance practice nurses, including certified nurse midwives, nurses, nurse care coordinators, dietitians, nutritionists, social workers, behavioral health professionals, physical counselors, physical therapists, occupational therapists, or any professionals that assist in prenatal care, delivery, or postpartum care for which medical assistance is available under the State plan or a waiver of such plan and determined to be appropriate by the State and approved by the Secretary; (ii) an entity or individual who is designated to coordinate such care delivered by the team; and (iii) when appropriate and if otherwise eligible to furnish items and services that are reimbursable as medical assistance under the State plan or under a waiver of such plan, doulas, community health workers, translators and interpreters, and other individuals with culturally appropriate and trauma-informed expertise; and (B) provide care at a facility that is freestanding, virtual, or based at a hospital, community health center, community mental health center, rural clinic, clinical practice or clinical group practice, academic health center, or any entity determined to be appropriate by the State and approved by the Secretary. . 6. Guidance on care coordination to support maternal health Not later than 2 years after the date of enactment of this Act, the Secretary shall issue guidance for State Medicaid programs on improved care coordination, continuity of care, and clinical integration to support the needs of pregnant and postpartum women for services eligible for Medicaid payment. Such guidance shall identify best practices for care coordination for such women, both with respect to fee-for-service State Medicaid programs and State Medicaid programs that contract with medicaid managed care organizations or other specified entities to furnish medical assistance for such women, and shall illustrate strategies for— (1) enhancing primary care and maternity care coordination with specialists, including cardiologists, specialists in gestational diabetes, dentists, lactation specialists, genetic counselors, and behavioral health providers; (2) integrating behavioral health providers to provide screening, assessment, treatment, and referral for behavioral health needs, including substance use disorders, maternal depression, anxiety, intimate partner violence, and other trauma; (3) integrating into care teams or coordinating with nonclinical professionals, including (if licensed or credentialed by a State or State-authorized organization) doulas, peer support specialists, and community health workers, and how these services provided by such professionals may be eligible for Federal financial participation under Medicaid; (4) screening pregnant and postpartum women for social needs and coordinating related services during the prenatal and postpartum periods to ensure social and physical supports are provided for such women during such periods and for their children; (5) supporting women who have had a stillbirth; (6) screening for maternal health, behavioral health, and social needs during well-child and pediatric care visits; and (7) streamlining and reducing duplication in care coordination efforts across and among providers, plans, and other entities for such women. 7. MACPAC study on doulas and community health workers (a) In general As part of the first report required under section 1900(b)(1) of the Social Security Act ( 42 U.S.C. 1396(b)(1) MACPAC (1) Information about coverage for doula services and community health worker services under State Medicaid programs that currently provide coverage for such services, including the type of doula services offered (such as prenatal, labor and delivery, postpartum support, and traditional doula services) and information on the prevalence of doulas that care for individuals in their own communities. (2) An analysis of strategies to facilitate the appropriate use of doula services in order to provide better care and achieve better maternal and infant health outcomes, including strategies that States may use to assist with services for which Federal financial participation is eligible under a State Medicaid plan or a waiver of such a plan by recruiting, training, and certifying a diverse doula workforce, particularly from underserved communities, communities of color, and communities facing linguistic or cultural barriers. (3) Provide examples of community health worker access in State Medicaid programs and strategies employed by States to encourage a broad care team to manage Medicaid patients. (4) An assessment of the impact of the involvement of doulas and community health workers on maternal health outcomes. (5) Recommendations, as MACPAC deems appropriate, for legislative and administrative actions to increase access to services that improve maternal health. (b) Stakeholder consultation In developing the report required under subsection (a), MACPAC shall consult with relevant stakeholders, including— (1) States; (2) organizations representing consumers, including those that are disproportionately impacted by poor maternal health outcomes; (3) organizations and individuals representing doula services providers and community health workers, including community-based doula programs and those who serve underserved communities, communities of color and communities facing linguistic or cultural barriers; and (4) organizations representing health care providers. 8. Demonstration projects to improve the delivery of maternal health care through telehealth (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall award grants to States to conduct demonstration projects under this section that are designed to expand the use of telehealth in State Medicaid programs for the delivery of health care to eligible pregnant or postpartum women. (b) Eligible pregnant or postpartum woman defined (1) In general In this section, the term eligible pregnant or postpartum woman (2) Postpartum women Such term includes a woman described in paragraph (1) through the end of the month in which the 365-day period beginning on the last day of the woman's pregnancy ends, without regard to any change in income of the family of which she is a member. (c) Application; selection of States; duration (1) Application (A) In general To conduct a demonstration project under this section, a State shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. Under the demonstration project, a State may include multiple proposed uses of grant funds, and propose to focus on multiple populations, as otherwise allowable under this section, within a single application. (B) Required information A State application to conduct a demonstration project under this section shall include the following: (i) The population (such as individuals residing in rural or medically underserved areas) that the demonstration project will target. (ii) A description of how the State proposes to use funds awarded under this section to conduct the demonstration project to integrate or increase the integration of telehealth into the State Medicaid program’s existing delivery system for furnishing medical assistance to and improving the health care outcomes of eligible pregnant or postpartum women. (iii) A description of how the State will use funds to address racial or ethnic disparities in access to maternal health services or maternal health outcomes, barriers to care, including in rural or medically underserved communities, other barriers to using telehealth, such as those experienced by individuals with disabilities and individuals with limited English proficiency, and as applicable, barriers to the use of telehealth in tribal communities. (iv) A certification that the application meets the requirements of subparagraph (C). (v) Such other information as the Secretary shall require. (C) Consultation with health care stakeholders Prior to the submission of an application to conduct a demonstration project under this section, a State shall consult with health care systems and providers, health plans (if relevant), consumer organizations and beneficiary advocates, and community-based organizations or other stakeholders in the area that the demonstration project will target to ensure that the proposed project addresses the health care needs of eligible pregnant or postpartum women in such area. (2) Selection of States and duration of projects (A) In general The Secretary shall award grants to States that apply and meet the application requirements to conduct 4-year demonstration projects under this section. A State may request, and the Secretary shall determine the appropriateness of, an application of up to $10,000,000. (B) Selection of projects In selecting a State to conduct a demonstration project under this section, the Secretary shall ensure that the State is aware of the 4-year duration of the project and shall determine the State has satisfied the application requirements. (3) Waiver of statewideness and comparability requirement The Secretary shall waive compliance with section 1902(a)(1) of the Social Security Act ( 42 U.S.C. 1396a(a)(1) 42 U.S.C. 1396a(a)(10)(B) (d) Use of grant funds A State may use funds from a grant awarded under this section to connect eligible pregnant or postpartum women to telehealth services delivered via telehealth that are furnished by— (1) primary and maternity care providers; (2) health care specialists; (3) behavioral health providers; and (4) other categories of health care providers identified by the Secretary. (e) Reports (1) State reports Each State that is awarded a grant to conduct a demonstration project under this section shall submit the following reports to the Secretary: (A) Initial report An initial report on the first 18 months during which the demonstration project is conducted, not later than the last day of the 19th month of the demonstration project, as described in subparagraph (B). (B) Final report Not later than 6 months after the date on which the State’s demonstration project ends, a final report that includes the following: (i) The number of eligible pregnant or postpartum women served under the demonstration project. (ii) The activities and services funded under the demonstration project, including the providers that received funds under the demonstration project. (iii) Demographic information about the eligible pregnant or postpartum women served under the demonstration project, if available. (iv) A description of the types of models or programs developed under the demonstration project. (v) How such models or programs impacted access to, and utilization of, telehealth services by eligible pregnant or postpartum women, including a description of how such models or programs addressed racial or ethnic disparities in access or utilization. (vi) Qualitative information on beneficiary experience. (vii) Challenges faced and lessons learned by the State in integrating (or increasing the integration of) telehealth into the delivery system for furnishing medical assistance to eligible pregnant or postpartum women in the areas targeted under the demonstration project. (2) Reports to congress (A) Initial report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to Congress summarizing the information reported by States under paragraph (1)(A). (B) Final report Not later than 5 years after the date of enactment of this Act, the Secretary shall submit a report to Congress summarizing the information reported by States under paragraph (1)(B). 9. CMS report on coverage of remote physiologic monitoring devices and impact on maternal and child health outcomes under Medicaid (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report containing information on authorities and State practices for covering remote physiological monitoring devices, including limitations and barriers to such coverage and the impact on maternal health outcomes, and to the extent appropriate, recommendations on how to address such limitations or barriers related to coverage of remote physiologic devices under State Medicaid programs, including, but not limited to, pulse oximeters, blood pressure cuffs, scales, and blood glucose monitors, with the goal of improving maternal and child health outcomes for pregnant and postpartum women enrolled in State Medicaid programs. (b) State resources Not later than 6 months after the submission of the report required by subsection (a), the Secretary shall update resources for State Medicaid programs, such as State Medicaid telehealth toolkits, to be consistent with the recommendations provided in such report. 10. Guidance on community-based maternal health programs Not later than 3 years after the date of enactment of this Act, the Secretary shall issue guidance to State Medicaid programs to support the use of evidence-based community-based maternal health programs, including programs that offer group prenatal care, home visiting services, childbirth and parenting education, peer supports, stillbirth prevention activities, and substance use disorder and recovery supports, under such programs, and any other programs as determined by the Secretary. 11. Developing guidance on maternal mortality and severe morbidity reduction for maternal care providers receiving payment under the Medicaid program (a) In general Subject to the availability of appropriations, not later than 36 months after the date of enactment of this Act, the Secretary shall publish on a public website of the Centers for Medicare & Medicaid Services guidance for States on resources and strategies for hospitals, freestanding birth centers (as defined in section 1905(l)(3)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(3)(B) (b) Updates The Secretary shall update the guidance and resources described in subsection (a) at least once every 3 years. (c) Consultation with advisory committee (1) Establishment Subject to the availability of appropriations, not later than 18 months after the date of enactment of this Act, the Secretary shall establish an advisory committee to be known as the National Advisory Committee on Reducing Maternal Deaths Advisory Committee (2) Duties The Advisory Committee shall provide consensus advice and guidance to the Secretary on the development and compilation of the guidance described in subsection (a) (and any updates to such guidance). (3) Membership (A) In general The Secretary, in consultation with such other heads of agencies, as the Secretary deems appropriate and in accordance with this paragraph, shall appoint not more than 41 members to the Advisory Committee. In appointing such members, the Secretary shall ensure that— (i) the total number of members of the Advisory Committee is an odd number; and (ii) the total number of voting members who are not Federal officials does not exceed the total number of voting Federal members who are Federal officials. (B) Required members (i) Federal officials The Advisory Committee shall include as voting members the following Federal officials, or their designees: (I) The Secretary. (II) The Administrator of the Centers for Medicare & Medicaid Services. (III) The Director of the Centers for Disease Control and Prevention. (IV) The Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration. (V) The Director of the Agency for Healthcare Research and Quality. (VI) The National Coordinator for Health Information Technology. (VII) The Director of the National Institutes of Health. (VIII) The Secretary of Veterans Affairs. (IX) The Director of the Indian Health Service. (X) The Deputy Assistant Secretary for Minority Health. (XI) The Administrator of the Substance Abuse and Mental Health Services Administration. (XII) The Deputy Assistant Secretary for Women's Health. (XIII) Such other Federal officials or their designees as the Secretary determines appropriate. (ii) Non-Federal officials (I) In general The Advisory Committee shall include the following as voting members: (aa) At least 1 representative from a professional organization representing hospitals and health systems. (bb) At least 1 representative from a medical professional organization representing primary care providers. (cc) At least 1 representative from a medical professional organization representing general obstetrician-gynecologists. (dd) At least 1 representative from a medical professional organization representing certified nurse-midwives. (ee) At least 1 representative from a medical professional organization representing other maternal fetal medicine providers. (ff) At least 1 representative from a medical professional organization representing anesthesiologists. (gg) At least 1 representative from a medical professional organization representing emergency medicine physicians and urgent care providers. (hh) At least 1 representative from a medical professional organization representing nurses. (ii) At least 1 representative from a professional organization representing community health workers. (jj) At least 1 representative from a professional organization representing doulas. (kk) At least 1 representative from a professional organization representing perinatal psychiatrists. (ll) At least 1 representative from State-affiliated programs or existing collaboratives with demonstrated expertise or success in improving maternal health. (mm) At least 1 director of a State Medicaid agency that has had demonstrated success in improving maternal health. (nn) At least 1 representative from an accrediting organization for maternal health quality and safety standards. (oo) At least 1 representative from a maternal patient advocacy organization with lived experience of severe maternal morbidity. (II) Requirements Each individual selected to be a member under this clause shall— (aa) have expertise in maternal health; (bb) not be a Federal official; and (cc) have experience working with populations that are at higher risk for maternal mortality or severe morbidity, such as populations that experience racial, ethnic, and geographic health disparities, pregnant and postpartum women experiencing a mental health disorder, or pregnant or postpartum women with other comorbidities such as substance use disorders, hypertension, thyroid disorders, and sickle cell disease. (C) Additional members (i) In general In addition to the members required to be appointed under subparagraph (B), the Secretary may appoint as non-voting members to the Advisory Committee such other individuals with relevant expertise or experience as the Secretary shall determine appropriate, which may include, but is not limited to, individuals described in clause (ii). (ii) Suggested additional members The individuals described in this clause are the following: (I) Representatives from State maternal mortality review committees and perinatal quality collaboratives. (II) Medical providers who care for women and infants during pregnancy and the postpartum period, such as family practice physicians, cardiologists, pulmonology critical care specialists, endocrinologists, pediatricians, and neonatologists. (III) Representatives from State and local public health departments, including State Medicaid Agencies. (IV) Subject matter experts in conducting outreach to women who are African American or belong to another minority group. (V) Directors of State agencies responsible for administering a State's maternal and child health services program under title V of the Social Security Act ( 42 U.S.C. 701 et seq. (VI) Experts in medical education or physician training. (VII) Representatives from medicaid managed care organizations. (4) Applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the committee established under this subsection. (d) Contents The guidance described in subsection (a) shall include, with respect to hospitals, freestanding birth centers, and other maternal care providers, the following: (1) Best practices regarding evidence-based screening and clinician education initiatives relating to screening and treatment protocols for individuals who are at risk of experiencing complications related to pregnancy, with an emphasis on individuals with preconditions directly linked to pregnancy complications and maternal mortality and severe morbidity, including— (A) methods to identify individuals who are at risk of maternal mortality or severe morbidity, including risk stratification; (B) evidence-based risk factors associated with maternal mortality or severe morbidity and racial, ethnic, and geographic health disparities; (C) evidence-based strategies to reduce risk factors associated with maternal mortality or severe morbidity through services which may be covered under Medicaid or CHIP, including, but not limited to, activities by community health workers (as such term is defined in section 2113 of the Social Security Act ( 42 U.S.C. 1397mm (D) resources available to such individuals, such as nutrition assistance and education, home visitation, mental health and substance use disorder services, smoking cessation programs, pre-natal care, and other evidence-based maternal mortality or severe morbidity reduction programs; (E) examples of educational materials used by providers of obstetrics services; (F) methods for improving community centralized care, including providing telehealth services or home visits to increase and facilitate access to and engagement in prenatal and postpartum care and collaboration with home health agencies, community health centers, local public health departments, or clinics; (G) guidance on medical record diagnosis codes linked to maternal mortality and severe morbidity, including, if applicable, codes related to social risk factors, and methods for educating clinicians on the proper use of such codes; (H) risk appropriate transfer protocols during pregnancy, childbirth, and the postpartum period; and (I) any other information related to prevention and treatment of at-risk individuals determined appropriate by the Secretary. (2) Guidance on monitoring programs for individuals who have been identified as at risk of complications related to pregnancy. (3) Best practices for such hospitals, freestanding birth centers, and providers to make pregnant women aware of the complications related to pregnancy. (4) A fact sheet for providing pregnant women who are receiving care on an outpatient basis with a notice during the prenatal stage of pregnancy that— (A) explains the risks associated with pregnancy, birth, and the postpartum period (including the risks of hemorrhage, preterm birth, sepsis, eclampsia, obstructed labor), chronic conditions (including high blood pressure, diabetes, heart disease, depression, and obesity) correlated with adverse pregnancy outcomes, risks associated with advanced maternal age, and the importance of adhering to a personalized plan of care; (B) highlights multimodal and evidence-based prevention and treatment techniques; (C) highlights evidence-based programs and activities to reduce the incidence of stillbirth (including tracking and awareness of fetal movements, improvement of birth timing for pregnancies with risk factors, initiatives that encourage safe sleeping positions during pregnancy, screening and surveillance for fetal growth restriction, efforts to achieve smoking cessation during pregnancy, community-based programs that provide home visits or other types of support, and any other research or evidence-based programming to prevent stillbirths); (D) provides for a method (through signature or otherwise) for such an individual, or a person acting on such individual’s behalf, to acknowledge receipt of such fact sheet; (E) is worded in an easily understandable manner and made available in multiple languages and accessible formats determined appropriate by the Secretary; and (F) includes any other information determined appropriate by the Secretary. (5) A template for a voluntary clinician checklist that outlines the minimum responsibilities that clinicians, such as physicians, certified nurse-midwives, emergency room and urgent care providers, nurses and others, are expected to meet in order to promote quality and safety in the provision of obstetric services. (6) A template for a voluntary checklist that outlines the minimum responsibilities that hospital leadership responsible for direct patient care, such as the institution’s president, chief medical officer, chief nursing officer, or other hospital leadership that directly report to the president or chief executive officer of the institution, should meet to promote hospital-wide initiatives that improve quality and safety in the provision of obstetric services. (7) Information on multi-stakeholder quality improvement initiatives, such as the Alliance for Innovation on Maternal Health, State perinatal quality improvement initiatives, and other similar initiatives determined appropriate by the Secretary, including— (A) information about such improvement initiatives and how to join; (B) information about public maternal data collection centers; (C) information about quality metrics used and outcomes achieved by such improvement initiatives; (D) information about data sharing techniques used by such improvement initiatives; (E) information about data sources used by such improvement initiatives to identify maternal mortality and severe morbidity risks; (F) information about interventions used by such improvement initiatives to mitigate risks of maternal mortality and severe morbidity; (G) information about data collection techniques on race, ethnicity, geography, age, income, and other demographic information used by such improvement initiatives; and (H) any other information determined appropriate by the Secretary. (e) Inclusion of best practices Not later than 18 months after the date of the publication of the guidance required under subsection (a), the Secretary shall update such guidance to include best practices identified by the Secretary for such hospitals, freestanding birth centers, and providers to track maternal mortality and severe morbidity trends by clinicians at such hospitals, freestanding birth centers, and providers including— (1) ways to establish scoring systems, which may include quality triggers and safety and quality metrics to score case and patient outcome metrics, for such clinicians; (2) methods to identify, educate, and improve such clinicians who may have higher rates of maternal mortality or severe morbidity compared to their regional or State peers (taking into account differences in patient risk for adverse outcomes, which may include social risk factors); (3) methods for using such data and tracking to enhance research efforts focused on maternal health, while also improving patient outcomes, clinician education and training, and coordination of care; and (4) any other information determined appropriate by the Secretary. (f) Cultural and linguistic appropriateness To the extent practicable, the Secretary should develop the guidance, best practices, fact sheets, templates, and other materials that are required under this section in a trauma-informed, culturally and linguistically appropriate manner. 12. Collection of information related to social determinants of the health of Medicaid and CHIP beneficiaries (a) Implementation assessment report to Congress (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to Congress that includes a description of whether and how information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP may be captured under the data systems for such programs as in effect on the date such report is submitted, including— (A) a description of whether and how ICD–10 codes (or successor codes) may be used to identify social determinants of health in programs such as Medicaid and CHIP, and whether other claims file or demographic information may be employed; and (B) a description of whether existing data systems under Medicaid and CHIP could be employed to capture such information, whether program or system changes would be required, how privacy and confidentiality as required under applicable law and regulations would be maintained, and the resources and timeframes at the Federal and State levels that would be needed to make such changes. (2) Guidance for States The Secretary shall issue detailed guidance for States concurrent with the submission of the report to Congress under paragraph (1). Such guidance shall address— (A) whether and how information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP could be captured employing existing systems under such programs; and (B) implementation considerations for capturing such information, including whether program or system changes would be required, whether additional steps would be needed to maintain privacy and confidentiality as required under relevant laws and regulations, and the resources and timeframes at that would be needed to make such changes. (3) Stakeholder input The Secretary shall develop the report required under paragraph (1) and the guidance required under paragraph (2) with the input of relevant stakeholders, such as State Medicaid directors, medicaid managed care organizations, and other relevant Federal agencies such as the Centers for Disease Control and Prevention, the Health Resources Services Administration, and the Agency for Healthcare Research and Quality. (4) Action plan report (A) In general If the Secretary determines in the report required under paragraph (1) that information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP cannot be captured under the data systems for such programs as in effect on the date such report is submitted, then, not later than 6 months after such date, the Secretary shall submit a second report to Congress that contains an action plan for implementing the program or data systems changes needed in order for such information to be collected while maintaining privacy and confidentiality as required under relevant laws and regulations. The action plan should be prepared so as to be implemented by the Federal Government and States not later than 2 years after the date on which the report required under this paragraph is submitted is submitted to Congress. (B) Revised guidance for states The Secretary shall revise and reissue the guidance for States required under paragraph (2) to take into account the action plan included in the report submitted to Congress under subparagraph (A). (5) Authorization of appropriations (A) Federal costs There are authorized to be appropriated to the Secretary, $40,000,000 for purposes of preparing the reports required under this subsection and implementing the collection of information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP. (B) State costs There are authorized to be appropriated to the Secretary, $50,000,000 for purposes of making payments to States in accordance with a methodology established by the Secretary for State expenditures attributable to planning for and implementing the collection of such information in accordance with subsection (d) of section 1946 of the Social Security Act ( 42 U.S.C. 1396w–5 (b) Application to States Section 1946 of the Social Security Act ( 42 U.S.C. 1396w–5 (d) Collection of information related to social determinants of health (1) Development of collection methods (A) In general Subject to paragraph (5), the Secretary, in consultation with the States, shall develop a method for collecting standardized and aggregated State-level information related to social determinants that may factor into the health of beneficiaries under this title and beneficiaries under title XXI which the States, notwithstanding section 1902(a)(7) and as a condition for meeting the requirements of section 1902(a)(6) and section 2107(b)(1), shall use to annually report such information: (i) A model uniform reporting field through the transformed Medicaid Statistical Information System (T–MSIS) (or a successor system) or another appropriate reporting platform, as approved by the Secretary. (ii) A model uniform questionnaire or survey (which may be included as part of an existing survey, questionnaire, or form administered by the Secretary), for purposes of the State or the Secretary collecting such information by administering regularly but not less than annually a questionnaire or survey of beneficiaries under this title and beneficiaries under title XXI. (iii) A model uniform form to be adapted for inclusion in the Medicaid and CHIP Scorecard developed by the Centers for Medicare & Medicaid Services, for purposes of the Secretary collecting such information. (iv) An alternative method identified by the Secretary for collecting such information. (B) Implementation In carrying out the requirements of subparagraph (A), the Secretary shall— (i) for purposes of the method described in clause (i) of such subparagraph, determine the appropriate providers and frequency with which such providers shall complete the reporting field identified and report the information to the State; (ii) for purposes of the method described in clause (ii) of such subparagraph, identify the means and frequency (which shall be no less frequent than once per year) with which a questionnaire or survey of beneficiaries is to be conducted; (iii) with respect to any method described in such subparagraph, issue guidance for ensuring compliance with applicable laws regarding beneficiary informed consent, privacy, and anonymity with respect to the information collected under such method; (iv) with respect to the collection of information relating to beneficiaries who are children, issue guidance on the collection of such information from a parent, legal guardian, or any other person who is legally authorized to share such information on behalf of the child when the direct collection of such information from children may not otherwise be feasible or appropriate; and (v) regularly evaluate the method under such subparagraph and the information reported using such method, and, as needed, make updates to the method and the information reported. (2) Social determinants of health The information collected in accordance with the method made available under paragraph (1) shall, to the extent practicable, include standardized definitions for identifying social determinants of health needs identified in the ICD–10 diagnostic codes Z55 through Z65 (or any such successor diagnostic codes), as defined by the Healthy People 2020 and related initiatives of the Office of Disease Prevention and Health Promotion of the Department of Health and Human Services, or any other standardized set of definitions for social determinants of health identified by the Secretary. Such definitions shall incorporate measures for quantifying the relative severity of any such social determinant of health need identified in an individual. (3) Federal privacy requirements Nothing in this subsection shall be construed to supersede any Federal privacy or confidentiality requirement, including the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and section 543 of the Public Health Service Act and any regulations promulgated thereunder. (4) Application to territories (A) In general To the extent that the Secretary determines that it is not practicable for a State specified in subparagraph (B) to report information in accordance with the method made available under paragraph (1), this subsection shall not apply with respect to such State. (B) Territories specified The States specified in this subparagraph are Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (5) Application (A) In general Subject to subparagraph (B), the requirement for a State to collect information in accordance with the method made available under paragraph (1) shall not apply to the State before the date that is 4 years after the date of enactment of this subsection. (B) Alternative date If an action plan is submitted to Congress under section 13(a)(4) of the Healthy Moms and Babies Act (6) Appropriation There is appropriated to the Secretary for fiscal year 2023 and each fiscal year thereafter $1,000,000 to carry out the provisions of this section and subsection (b)(2)(B). . (c) Report on data analyses Section 1946(b)(2) of such Act ( 42 U.S.C. 1396w–5(b)(2) (1) by striking Not later than (A) Initial reports Not later than ; and (2) by adding at the end the following: (B) Reports on collection of information related to social determinants of health (i) In general Not later than 5 years after the date on which the requirement to collect information under subsection (d) is first applicable to States, the Secretary shall submit to Congress a report that includes aggregate findings and trends across respective beneficiary populations for improving the identification of social determinants of health for beneficiaries under this title and beneficiaries under title XXI based on analyses of the data collected under subsection (d). (ii) Interim report Not later than 3 years after the date of enactment of this subparagraph, the Secretary shall submit to Congress an interim report on progress in developing, implementing, and utilizing the method selected by the Secretary under subsection (d)(1) along with any available, preliminary information that has been collected using such method. . (d) Conforming amendment Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) (U) Section 1946 (relating to addressing health care disparities). . 13. Report on payment methodologies for transferring pregnant women between facilities before, during, and after childbirth (a) In general Subject to the availability of appropriations, not later than 36 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the payment methodologies under Medicaid for the antepartum, intrapartum, and postpartum transfer of pregnant women from one health care facility to another, including any potential disincentives or regulatory barriers to such transfers. (b) Consultation In developing the report required under subsection (a), the Secretary shall consult with the advisory committee established under section 12(c). 14. Medicaid guidance on State options to address social determinants of health for pregnant and postpartum women Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance to States regarding options States may employ to address social determinants of health, as defined by the Healthy People 2030 and related initiatives of the Office of Disease Prevention and Health Promotion of the Department of Health and Human Services, including for pregnant and postpartum women. Such guidance shall, at a minimum, describe the authorities that States may leverage to support addressing the social determinants of health for pregnant and postpartum women and outline best practices for such efforts. 15. Payment error rate measurement (PERM) audit and improvement requirements (a) Biennial PERM audit requirement Beginning with fiscal year 2024, the Administrator shall conduct payment error rate measurement ( PERM (b) PERM error rate reduction plan requirement Beginning with fiscal year 2025, any State with an overall PERM error rate exceeding 15 percent in a PERM audit conducted with respect to the State in the previous fiscal year shall publish a plan, in coordination with, and subject to the approval of, the Administrator, for how the State will reduce its PERM error rate below 15 percent in the current fiscal year. (c) Notification; identification of sources of improper payments (1) Notification Not later than 6 months after the date of enactment of this Act, the Administrator shall notify the contractor conducting PERM audits of the Administrator's intent to modify contracts to require PERM audits not less than once every other year in each State. (2) Identification of sources of improper payments The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (d) State Medicaid director letter Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (e) State improper payment mitigation plans (1) In general Not later than January 1, 2023, each State Medicaid program shall submit to the Administrator a plan, which shall include specific actions and timeframes for taking such actions and achieving specified results, for mitigating improper payments under such program. (2) Publication of State plans The Administrator shall make State plans submitted under paragraph (1) available to the public. (f) Definitions In this section: (1) Administrator The term Administrator (2) State The term State 42 U.S.C. 1396 et seq. (3) State Medicaid program The term State Medicaid program 42 U.S.C. 1396 et seq.	Healthy Moms and Babies Act
Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System Act of 2022 This act designates the medical center of the Department of Veterans Affairs in Anchorage, Alaska, as the Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System.	S5016 ENR: Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System Act of 2022 U.S. Senate 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. One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 5016 IN THE SENATE OF THE UNITED STATES AN ACT To designate the medical center of the Department of Veterans Affairs located in Anchorage, Alaska, as the Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System 1. Short title This Act may be cited as the Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System Act of 2022 2. Findings Congress finds the following: (1) Mary Louise (Milligan) Rasmuson was born April 11, 1911, in East Pittsburgh, Pennsylvania. (2) Mary Louise received a Bachelor of Science degree from the Carnegie Institute of Technology and a Master of Education degree from the University of Pittsburgh. (3) Mary Louise was one of the first two women to receive an Honorary Doctorate of Laws degree from the Carnegie Institute of Technology. (4) In 1942, Mary Louise joined the Women’s Army Auxiliary Corps as a Private and was in the first graduating class. (5) Mary Louise worked up the ranks, and in 1957, President Dwight Eisenhower appointed Mary Louise as the Fifth Director of the Women’s Army Corps and she was reappointed to this position by President John F. Kennedy in 1961. (6) In 1962, Colonel Rasmuson retired from the Army. (7) Colonel Rasmuson was recognized for her outstanding service in the Women’s Army Corps with the Legion of Merit award with two Oak Leaf Clusters for her work in expanding the roles and duties of women in the Army, as well as her role in integrating Black women in the Women’s Army Corps. (8) Colonel Rasmuson became Director of the Women’s Army Corps during tumultuous times and is credited with enhancing the image and recruitment of women into the Women’s Army Corps during her years as the Director. (9) Colonel Rasmuson expanded opportunities for women to serve in assignments previously reserved only for men, starting with the assignments of 12 enlisted women into the First Missile Master Unit at Fort Meade, Maryland. (10) Colonel Rasmuson was instrumental in enabling women to be promoted above the grade of E–7 into the highest enlisted ranks of the Army, E–8 and E–9. (11) During her time in the Women’s Army Corps, Colonel Rasmuson was the guiding force behind the Army opening up the college enlistment option to women under the self-enhancement programs and witnessed the first female enlisted member attend college under those programs. (12) The career of Colonel Rasmuson also laid the groundwork for women to be fully integrated into the United States Army when the Women's Army Corps was disbanded in 1978. (13) In 1961, Mary Louise married a prominent leader in Alaska, Elmer E. Rasmuson, and she was the first Director of the Women’s Army Corps to be married while serving in that position. (14) After her retirement from military service in 1962, Mary Louise moved to Alaska where she continued her leadership as a veteran in her community in Alaska. (15) Mary Louise served as First Lady of Anchorage after the devastating magnitude 9.2 earthquake in 1964, after her husband, Elmer, was elected as mayor, serving from 1964 to 1967. (16) Mary Louise was an advocate of social justice, education, and the arts during her 45 years of work on the Board of the Rasmuson Foundation. (17) Mary Louise served as the Honorary Chair and was a major founder to renovate the Anchorage Veterans Memorial on the Delaney Parkstrip in downtown Anchorage. (18) Mary Louise also contributed to the Army Women’s Museum, the National Museum of the American Indian, and the National Museum of the United States Army. (19) Mary Louise was the Chair of the Anchorage Museum Foundation and helped establish the museum in Anchorage, serving as its Chair for 21 years. (20) On July 30, 2012, Mary Louise died at her home in Anchorage, at the age of 101, but her legacy of character and leadership will endure as an example to all who serve in the United States military. 3. Designation of Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System (a) Designation The medical center of the Department of Veterans Affairs in Anchorage, Alaska, shall, after the date of the enactment of this Act, be known and designated as the Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System (b) Reference Any reference in any law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be considered to be a reference to the Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System. Speaker of the House of Representatives Vice President of the United States and President of the Senate	Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System Act of 2022
DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act This bill restricts funding to an institution of higher education (IHE) that has a relationship with a Chinese entity of concern or Confucius Institute. A Confucius Institute is a cultural institute directly or indirectly funded by the Chinese government. Specifically, the Department of Homeland Security (DHS) must ensure that an IHE that has awarded a contract to, entered into an agreement with, or received an in-kind donation or gift from a Chinese entity of concern or Confucius Institute is ineligible to receive specified funds from DHS. The IHE may regain eligibility for these funds if it terminates the relationship.	117 S5018 IS: DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5018 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Scott of Florida Mr. Sullivan Mr. Grassley Mr. Tillis Mr. Johnson Committee on Homeland Security and Governmental Affairs A BILL To establish Department of Homeland Security funding restrictions on institutions of higher education that have a relationship with Confucius Institutes, and for other purposes. 1. Short title This Act may be cited as the DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act 2. Limitations on Confucius Institutes’ host schools (a) Definitions In this section: (1) Chinese entity of concern The term Chinese entity of concern (A) is involved in the implementation of military-civil fusion; (B) participates in the Chinese defense industrial base; (C) is affiliated with the Chinese State Administration for Science, Technology and Industry for the National Defense; (D) receives funding from any organization subordinate to the Central Military Commission of the Chinese Communist Party; or (E) provides support to any security, defense, police, or intelligence organization of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Confucius Institute The term Confucius Institute (3) Institution The term institution institution of higher education 20 U.S.C. 1002 (4) Relationship The term relationship (b) Restrictions on institutions of higher education (1) In general Beginning the first October 1 occurring after the date that is 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that an institution that has a relationship with a Confucius Institute or a Chinese entity of concern is ineligible to receive any Science and Technology or Research and Development funds from the Department of Homeland Security. (2) Eligibility after termination An institution described in paragraph (1) may receive Science and Technology or Research and Development funds from the Department of Homeland Security if the institution terminates the relationship between the institution and the Confucius Institute or Chinese entity of concern with which the institution has a relationship.	DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act
Affordable Electric Vehicles for America Act of 2022 This bill extends until after 2025 the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle tax credit.	117 S5020 IS: Affordable Electric Vehicles for America Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5020 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Warnock Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. 1. Short title This Act may be cited as the Affordable Electric Vehicles for America Act of 2022 2. Adjustment of certain requirements for clean vehicle credit (a) Final assembly Subparagraph (G) of section 30D(d)(1) Public Law 117–169 in the case of any motor vehicle sold after December 31, 2025, the final assembly (b) Critical minerals and battery components Section 30D Public Law 117–169 (1) in subsection (d)(7)— (A) in subparagraph (A), by striking December 31, 2024 December 31, 2025 (B) in subparagraph (B), by striking December 31, 2023 December 31, 2024 (2) in subsection (e)— (A) in paragraph (1)(B)— (i) in clause (i), by striking after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024 during calendar year 2026 (ii) in clause (ii), by striking 2024 2027 (iii) in clause (iii), by striking 2025 2028 (iv) in clause (iv), by striking 2026 2029 (v) in clause (v), by striking December 31, 2026 December 31, 2029 (B) in paragraph (2)(B)— (i) in clause (i), by striking after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024 during calendar year 2026 (ii) in clause (ii), by striking 2024 or 2025 2027 or 2028 (iii) in clause (iii), by striking 2026 2029 (iv) in clause (iv), by striking 2027 2030 (v) in clause (v), by striking 2028 2031 (vi) in clause (vi), by striking December 31, 2028 December 31, 2031 (C) in paragraph (3)(B), by striking December 31, 2022 December 31, 2025 (c) Effective date The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117–169	Affordable Electric Vehicles for America Act of 2022
Broadband Grant Tax Treatment Act This bill excludes from gross income, for income tax purposes, certain broadband grants made for broadband deployment.	117 S5021 IS: Broadband Grant Tax Treatment Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5021 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Warner Mr. Moran Mr. Kaine Mr. Wicker Mr. Warnock Mrs. Capito Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exclude certain broadband grants from gross income. 1. Short title This Act may be cited as the Broadband Grant Tax Treatment Act 2. Certain grants for broadband excluded from gross income (a) In general Part III of subchapter B of chapter 1 139J. Certain broadband grants (a) In general Gross income shall not include any qualified broadband grant made for purposes of broadband deployment. (b) Denial of double benefit Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any qualified broadband grant which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property. (c) Qualified broadband grant For purposes of this section, the term qualified broadband grant (1) any grant or subgrant received under the Broadband Equity, Access, and Deployment Program established under section 60102 of the Infrastructure Investment and Jobs Act, (2) any grant or subgrant received under the State Digital Equity Capacity Grant Program established under section 60304 of such Act, (3) any grant received under the Digital Equity Competitive Grant Program established under section 60305 of such Act, (4) any grant received under section 60401 of such Act (relating to middle mile grants), (5) any grant received— (A) under the broadband loan and grant pilot program established by section 779 of Public Law 115–141 (B) from funds made available for such program under the heading Distance Learning, Telemedicine, and Broadband Program Rural Utilities Service (6) any grant received from a State, territory, Tribal government, or unit of local government to the extent such grant was— (A) funded by amounts provided to the State or local government under section 602, 603, or 604 of the Social Security Act, and (B) provided for the stated purposes of making investments in broadband infrastructure, or (7) any grant or subgrant received under section 905 of division N of the Consolidated Appropriations Act, 2021. (d) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 Sec. 139J. Certain broadband grants. . (c) Effective date The amendments made by this section shall apply to amounts received in taxable years ending after March 11, 2021.	Broadband Grant Tax Treatment Act
Agriculture Disaster Assistance Improvement Act of 2022 This bill modifies access to Department of Agriculture disaster assistance programs and requires increased interagency cooperation in drought-related activities. The bill specifies that state and federal grazing permit holders are eligible for the Emergency Conservation Program and the Emergency Forest Restoration Program. Further, emergency measures eligible for payments include new permanent measures, such as permanent water wells and pipelines. The bill also waives the 30-day comment period required for applications under the National Environmental Policy Act of 1969 for emergency measures carried out during a drought emergency. Modifications to the Livestock Forage Disaster Program allow for one monthly payment when a county has four consecutive weeks of a D2 rating (severe drought) and two payments for eight consecutive weeks of D2. Currently, one payment is available for eight consecutive weeks of D2. The bill expands coverage for honey bee producers under the Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP) for losses caused by adverse weather or drought, such as transportation costs and reduced honey crops. Further, the bill requires the ELAP payment rate for honey bee producers to incorporate additional factors, such as per-hive and per-colony rates of loss. The USDA must establish an interagency working group to improve the consistency and accuracy of U.S. Drought Monitor data. Finally, the Farm Service Agency and the Forest Service must enter into a memorandum of understanding to better align their drought response activities.	117 S5023 IS: Agriculture Disaster Assistance Improvement Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5023 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Thune Mr. Luján Committee on Agriculture, Nutrition, and Forestry A BILL To improve disaster assistance programs of the Department of Agriculture, and for other purposes. 1. Short title This Act may be cited as the Agriculture Disaster Assistance Improvement Act of 2022 2. Emergency conservation program Title IV of the Agricultural Credit Act of 1978 is amended by inserting after section 402B ( 16 U.S.C. 2202b 402C. Additional requirements for the emergency conservation program (a) Eligibility of Federal, State, and local land users (1) In general An agricultural producer eligible to receive payments under sections 401 and 402 includes a person that— (A) holds a permit from the Federal Government to conduct agricultural production or grazing on Federal land; or (B) leases land from a State or unit of local government to conduct agricultural production or grazing on that land. (2) Effect Nothing in this subsection authorizes the Secretary to make a payment under section 401 or 402 to a State or unit of local government. (b) Permanent improvements Emergency measures eligible for payments under sections 401 and 402 include— (1) new permanent measures, including permanent water wells and pipelines; and (2) replacement or restoration of existing emergency measures with permanent measures, including permanent water wells and pipelines. (c) Streamlining application process (1) Waiver of public comment During a drought emergency, as determined by the Secretary, the 30-day public comment period required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. Secretary of the Interior (2) Acceptance of NRCS reviews With respect to an application to carry out emergency measures under section 401 or 402 on land administered by the Secretary of the Interior, the Secretary of the Interior may accept— (A) during a drought emergency, as determined by the Secretary, an archeological review conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of an archeological review required to be conducted; (B) an environmental review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) a review under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. . 3. Emergency forest restoration program Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 (1) in subsection (a)— (A) by redesignating paragraphs (1) through (3) as paragraphs (3) through (5), respectively; (B) by inserting before paragraph (3) (as so redesignated) the following: (1) Eligible entity The term eligible entity (A) with respect to nonindustrial private forest land, an owner of the nonindustrial private forest land; (B) with respect to Federal land, a person that holds a permit from the Federal Government to conduct agricultural production or grazing on the Federal land; and (C) with respect to land owned by a State or a unit of local government, a person that leases land from the State or unit of local government to conduct agricultural production or grazing on that land. (2) Eligible land The term eligible land (A) nonindustrial private forest land; (B) Federal land; and (C) land owned by a State or unit of local government. ; and (C) in paragraph (3) (as so redesignated)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking nonindustrial private forest land eligible land (II) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (iii) in the matter preceding clause (i) (as so redesignated), by striking The term (A) In general The term ; and (iv) by adding at the end the following: (B) Inclusions The term emergency measures (i) new permanent measures described in subparagraph (A), including permanent water wells and pipelines; and (ii) replacement or restoration of existing emergency measures with permanent measures described in subparagraph (A), including permanent water wells and pipelines. ; (2) in subsection (b)— (A) by striking an owner of nonindustrial private forest land who an eligible entity that (B) by striking restore the land restore eligible land (3) in subsection (c)— (A) by striking owner must eligible entity shall (B) by striking nonindustrial private forest land eligible land (4) in subsection (d), by striking an owner of nonindustrial private forest land an eligible entity (5) by redesignating subsection (e) as subsection (g); and (6) by inserting after subsection (d) the following: (e) Streamlining application process (1) Waiver of public comment During a drought emergency, as determined by the Secretary, the 30-day public comment period required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. Secretary of the Interior (2) Acceptance of NRCS reviews With respect to an application to carry out emergency measures under this section on land administered by the Secretary of the Interior, the Secretary of the Interior may accept— (A) during a drought emergency, as determined by the Secretary, an archeological review conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of an archeological review required to be conducted; (B) an environmental review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) a review under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (f) Effect Nothing in this section authorizes the Secretary to make a payment under this section to a State or unit of local government. . 4. Livestock forage disaster program Section 1501(c)(3)(D)(ii)(I) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(c)(3)(D)(ii)(I) (1) by striking at least 8 consecutive (aa) 4 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph (B); or (bb) 8 consecutive ; and (2) in item (bb) (as so designated), by striking 1 monthly payment 2 monthly payments 5. Emergency assistance for livestock, honey bees, and farm-raised fish (a) In general Section 1501(d) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(d) (1) in paragraph (1), by inserting drought, adverse weather, (2) in paragraph (2), by inserting adverse weather or drought (such as added transportation costs, feed costs, and reduced honey crops for eligible producers of honey bees), disease, (3) in paragraph (4)— (A) by striking In the case (A) In general In the case ; and (B) by adding at the end the following: (B) Requirements The payment rate under subparagraph (A) shall— (i) in the case of eligible producers of honey bees, incorporate per-hive and per-colony rates of loss; and (ii) incorporate a standardized expected mortality rate of 15 percent. ; and (4) by adding at the end the following: (5) Documentation (A) In general Any requirements for the submission of documentation by an eligible producer to receive a payment under this subsection shall be consistent nationwide. (B) Producers of honey bees The Secretary, in consultation with eligible producers of honey bees, shall establish a standard, for purposes of this subsection, for— (i) collecting data; and (ii) setting an annual rate for replacing colonies and hives of honey bees. . (b) Applicability to producers of honey bees The Secretary of Agriculture shall apply the amendments made by subsection (a) to producers of honey bees such that there is no limit on the size of a beekeeping operation with respect to those amendments. 6. Drought monitor interagency working group (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall establish an interagency working group (referred to in this section as the working group 7 U.S.C. 5856 (b) Membership The working group shall consist of not fewer than— (1) 3 representatives from the Department of Agriculture, including 1 representative from each of— (A) the Office of the Chief Economist, who shall serve as the Chair of the working group; (B) the Forest Service; and (C) the Farm Service Agency; (2) 4 representatives from the National Oceanic and Atmospheric Administration, including 1 representative from each of— (A) the Climate Prediction Center; (B) the National Centers for Environmental Information; (C) the National Integrated Drought Information System; and (D) the National Mesonet Program; (3) 1 representative from the National Drought Mitigation Center; (4) 1 representative from the Department of the Interior; and (5) 3 representatives from mesonet programs in States— (A) that have experienced severe drought, as determined by the United States Drought Monitor, in not less than 5 calendar years during the period of calendar years 2012 through 2021; and (B) more than 50 percent of the land area of which is designated by the Economic Research Service as a Level 1 frontier and remote area. (c) Duties The working group shall— (1) develop a means for the inclusion of additional in-situ data into the process of developing the United States Drought Monitor, including— (A) determining minimum requirements for data to be included in the United States Drought Monitor; (B) identifying data available from other government agencies, including through portals managed by the National Oceanic and Atmospheric Administration; and (C) identifying gaps in coverage and determining solutions to address those gaps; (2) identify and address potential barriers to the use of existing data, including— (A) identifying Federal datasets that would be of immediate use in developing the United States Drought Monitor where access is restricted to some or all authors of the United States Drought Monitor; and (B) developing proposed accommodations, modifications to contractual agreements, or updates to interagency memoranda of understanding to allow for incorporation of datasets identified under subparagraph (A); (3) develop an open and transparent methodology for vetting data products developed using remote sensing or modeling; (4) if determined appropriate by the working group, develop a methodology for inclusion of data that may otherwise be excluded from the United States Drought Monitor due to shorter periods of record; and (5) identify and address any other issues relating to data availability and quality, as determined appropriate by the Chair of the working group. (d) Report (1) In general Not later than 1 year after the date of enactment of this Act, the working group shall submit to the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, and the relevant committees of Congress a report containing recommendations for changes in policies, regulations, guidance documents, or existing law to meet the objectives described in subsection (c). (2) Definition of relevant committees of Congress In this subsection, the term relevant committees of Congress (A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Agriculture of the House of Representatives; and (D) the Committee on Science, Space, and Technology of the House of Representatives. (e) Action by the Secretary Not later than 180 days after the date of submission of the report under subsection (d), the Secretary of Agriculture, in coordination with the Secretary of Commerce and the Secretary of the Interior, shall incorporate, to the extent practicable, the recommendations of the working group to improve the United States Drought Monitor in accordance with section 12512 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 5856 (f) Termination The working group shall terminate on the date that is 90 days after the date on which the report is submitted under subsection (d). 7. Alignment of Farm Service Agency and Forest Service drought response (a) In general Not later than 60 days after the date of submission of the report under section 6(d), the Administrator of the Farm Service Agency and the Chief of the Forest Service shall enter into a memorandum of understanding to better align drought response activities of the Farm Service Agency and the Forest Service (referred to in this section as the agencies (b) Contents The memorandum of understanding entered into under subsection (a) shall include— (1) a commitment to better align practices of the agencies with respect to determining the severity of regional drought conditions; (2) a strategy for amending those determinations to ensure consistent policy with respect to drought response in cases where the agencies are making inconsistent determinations within the same spatial scale; (3) an agreement to utilize, to the extent practicable, the United States Drought Monitor in making those determinations; and (4) an agreement to provide consistent information to grazing permittees, operators, and other stakeholders affected by determinations relating to drought.	Agriculture Disaster Assistance Improvement Act of 2022
Low-Revenue Recipient Paycheck Protection Program Relief Act of 2022 This bill provides additional forgiveness and flexibilities to certain low-revenue recipients of Paycheck Protection Program loans.	116 S5026 IS: Low-Revenue Recipient Paycheck Protection Program Relief Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5026 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mrs. Gillibrand Committee on Small Business and Entrepreneurship A BILL To permit certain businesses to select an alternative covered period for loan forgiveness under the Paycheck Protection Program and provide certain businesses additional loan forgiveness, and for other purposes. 1. Short title This Act may be cited as the Low-Revenue Recipient Paycheck Protection Program Relief Act of 2022 2. Low-revenue recipient loan forgiveness (a) In general Section 7A of the Small Business Act ( 15 U.S.C. 636m (1) in subsection (i)— (A) in paragraph (1), by inserting or (m)(2) subsection (b) (B) in paragraph (3)(B), by inserting or (m)(2) subsection (b) (2) by adding at the end the following: (m) Low-Revenue recipients loan forgiveness (1) In general With respect to a covered loan received by a low-revenue recipient not later than December 1, 2020, and for which the low-revenue recipient has received no loan forgiveness under this section, at the election of the low-revenue recipient, the term covered period (A) beginning on the earlier of— (i) the date selected by the low-revenue recipient; or (ii) September 1, 2021; and (B) ending on a date selected by the eligible recipient of the covered loan that occurs during the period— (i) beginning on the date that is 8 weeks after the start date of the covered period specified in subparagraph (A); and (ii) ending on the date that is 24 weeks after the start date of the covered period specified in subparagraph (A). (2) Additional loan forgiveness (A) In general A low-revenue recipient that received loan forgiveness under this section for a covered loan received not later than December 1, 2020, shall be eligible for additional forgiveness of indebtedness on the covered loan in accordance with this paragraph. (B) Additional forgiveness calculation The amount of forgiveness of indebtedness on a covered loan for which a low-revenue recipient is eligible under this paragraph is the amount equal to the difference between— (i) the amount of forgiveness of indebtedness on the covered loan that the low-revenue recipient would be eligible for under this section, as in effect on the date on which the low-revenue recipient applies for loan forgiveness under this paragraph, if— (I) the low-revenue recipient had not received any loan forgiveness for the covered loan under this section; (II) for the purposes of this section, the term covered period (III) for the purposes of paragraphs (5) and (7) of subsection (d), the covered loan was made on or after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( Public Law 116–260 (ii) the amount of loan forgiveness for the covered loan that the low-revenue recipient received under this section. (C) Excess payment refund If the Administrator, pursuant to loan forgiveness under this paragraph and in accordance with subsection (c)(3), makes a remittance to a lender in an amount exceeding the total outstanding balance of the applicable covered loan, including any accrued interest, the lender shall pay to the low-revenue recipient an amount equal to that excess. (D) Additional forgiveness limit No low-revenue recipient may receive loan forgiveness under this paragraph more than once. (3) Low-revenue recipient defined In this subsection, the term low-revenue recipient (A) was not in operation during the period beginning on April 1, 2020, and ending on December 31, 2020; or (B) during the period described in subparagraph (A), had gross receipts of not more than 20 percent of the gross receipts of the eligible recipient during the corresponding period in 2019. . (b) Regulations Not later than 14 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue regulations carrying out subsection (m) of section 7A of the Small Business Act ( 15 U.S.C. 636m	Low-Revenue Recipient Paycheck Protection Program Relief Act of 2022
Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act This bill establishes requirements to address the health needs of incarcerated women related to pregnancy and childbirth. The bill requires the Bureau of Justice Statistics to collect data on the health needs of incarcerated pregnant women at the federal, state, tribal, and local levels. With respect to incarcerated women at the federal level, the bill requires the Bureau of Prisons (BOP) to provide appropriate services and programs to address the health and safety needs related to pregnancy and childbirth, as well as appropriate health care to a woman with a high-risk pregnancy; limits the use of restrictive housing for prisoners who are pregnant or in postpartum recovery; prohibits the use of solitary confinement for an incarcerated pregnant woman in her third trimester; requires the BOP to annually report on the number of administrative claims and appeals filed by pregnant inmates; and requires the Government Accountability Office (GAO) to study the services and protections for pregnant incarcerated women in federal pretrial detention facilities. With respect to incarcerated women at the state and local level, the bill requires the GAO to study the services and protections for pregnant incarcerated women in state and local correctional settings.	117 S5027 IS: Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5027 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Klobuchar Ms. Collins Committee on the Judiciary A BILL To address the health needs of incarcerated women related to pregnancy and childbirth, and for other purposes. 1. Short title This Act may be cited as the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act 2. Definitions In this Act: (1) In custody The term in custody (2) Other pregnancy outcome The term other pregnancy outcome (3) Postpartum recovery The term postpartum recovery (4) Restraints The term restraints (5) Restrictive housing The term restrictive housing 3. Data collection (a) In general Beginning not later than 1 year after the date of enactment of this Act, pursuant to the authority under section 302 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10132 (1) demographic and other information about incarcerated women who are pregnant, in labor, or in postpartum recovery, including the race, ethnicity, and age of the woman; (2) the provision of pregnancy care and services provided for such women, including— (A) whether prenatal, delivery, and post-delivery check-up visits were scheduled and provided; (B) whether a social worker, psychologist, doula or other support person was offered and provided during pregnancy and delivery and post-delivery; (C) whether a pregnancy or parenting program was offered and provided during pregnancy; (D) whether a nursery or residential program to keep mothers and infants together post-delivery was offered and whether such a nursery or residential program was provided; (E) the number of days the mother stayed in the hospital post-delivery; (F) the number of days the infant remained with the mother post-delivery; and (G) the number of days the infant remained in the hospital after the mother was discharged; (3) the location of the nearest hospital with a licensed obstetrician-gynecologist in proximity to where the incarcerated pregnant woman is housed and the length of travel required to transport the woman; (4) whether a written policy or protocol is in place— (A) to respond to unexpected childbirth, labor, deliveries, or medical complications related to the pregnancies of incarcerated pregnant women; and (B) for incarcerated pregnant women experiencing labor or medical complications related to pregnancy outside of a hospital; (5) the number of incarcerated women who are determined by a health care professional to have a high-risk pregnancy; (6) the total number of incarcerated pregnant women and the number of incarcerated women who became pregnant while incarcerated; (7) the number of incidents in which an incarcerated woman who is pregnant, in labor, or in postpartum recovery is placed in restrictive housing, the reason for such restriction or placement, and the circumstances under which each incident occurred, including the duration of time in restrictive housing, during— (A) pregnancy; (B) labor; (C) delivery; (D) postpartum recovery; and (E) the 6-month period after delivery; and (8) the disposition of the custody of the infant post-delivery. (b) Personally identifiable information Data collected under this section may not contain any personally identifiable information of any incarcerated pregnant woman or woman in postpartum recovery. 4. Care for federally incarcerated women related to pregnancy and childbirth (a) In general The Director of the Bureau of Prisons shall ensure that appropriate services and programs, as described in subsection (b), are provided to women in custody, to address the health and safety needs of such women related to pregnancy and childbirth. The warden of each Bureau of Prisons facility that houses women shall ensure that these services and programs are implemented for women in custody at that facility. (b) Services and programs provided The services and programs described in this subsection are the following: (1) Access to complete appropriate health services for the life cycle of women The Director of the Bureau of Prisons— (A) shall provide to each woman in custody— (i) pregnancy testing and testing for sexually transmitted diseases; and (ii) the option to decline such testing; and (B) at an inmate’s request, shall provide contraception. (2) Compliance with protocols relating to health of a pregnant woman On confirmation of the pregnancy of a woman in custody by clinical diagnostics and assessment, the chief health care professional of the Bureau of Prisons facility in which the woman is housed shall ensure that— (A) a summary of all appropriate protocols directly pertaining to the safety and well-being of the woman are provided to the woman; (B) such protocols are complied with; and (C) such protocols include an assessment of undue safety risks and necessary changes to accommodate the woman where and when appropriate, as it relates to— (i) housing or transfer to a lower bunk for safety reasons; (ii) appropriate bedding or clothing to respond to the woman’s changing physical requirements and the temperature in housing units; (iii) regular access to water and bathrooms; (iv) a diet that— (I) complies with the nutritional standards established by the Secretary of Agriculture and the Secretary of Health and Human Services in the Dietary Guidelines for Americans report published pursuant to section 301(a)(3) of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341(a)(3) (II) includes— (aa) any appropriate dietary supplement, including prenatal vitamins; (bb) timely and regular nutritious meals; (cc) additional caloric content in meals provided; (dd) a prohibition on withholding food from the woman or serving any food that is used as a punishment, including nutraloaf or any food similar to nutraloaf that is not considered a nutritious meal; and (ee) such other modifications to the diet of the woman as the Director of the Bureau of Prisons determines to be necessary after consultation with the Secretary of Health and Human Services and consideration of such recommendations as the Secretary may provide; (v) modified recreation and transportation, in accordance with standards within the obstetrical and gynecological care community, to prevent overexertion or prolonged periods of inactivity; and (vi) such other changes to living conditions as the Director of the Bureau of Prisons may require after consultation with the Secretary of Health and Human Services and consideration of such recommendations as the Secretary may provide. (3) Education and support services (A) Pregnancy in custody A woman who is pregnant at intake or who becomes pregnant while in custody shall, not later than 14 days after the pregnant woman notifies a Bureau of Prisons official of the pregnancy, receive prenatal education, counseling, and birth support services provided by a provider trained to provide such services, including— (i) information about the parental rights of the woman, including the right to place the child in kinship care, and notice of the rights of the child; (ii) information about family preservation support services that are available to the woman; (iii) information about the nutritional standards referred to in paragraph (2)(C)(iv); (iv) information pertaining to the health and safety risks of pregnancy, childbirth, and parenting, including postpartum depression; (v) information on breast-feeding, lactation, and breast health; (vi) appropriate educational materials, resources, and services related to pregnancy, childbirth, and parenting; (vii) information and notification services for incarcerated parents regarding the risk of debt repayment obligations associated with their child’s participation in social welfare programs, including assistance under any State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. 7 U.S.C. 2012 (viii) information from the Office of Child Support Enforcement of the Department of Health and Human Services regarding seeking or modifying child support while incarcerated, including how to participate in the Bureau of Prison’s Inmate Financial Responsibility Program under subpart B of part 545 of title 28, Code of Federal Regulations (or any successor program). (B) Birth while in custody or prior to custody A woman who, while in custody or during the 6-month period immediately preceding intake, gave birth or experienced any other pregnancy outcome shall receive counseling provided by a licensed or certified provider trained to provide such services, including— (i) information about the parental rights of the woman, including the right to place the child in kinship care, and notice of the rights of the child; and (ii) information about family preservation support services that are available to the woman. (4) Evaluations (A) In general Each woman in custody who is pregnant or whose pregnancy results in a birth or any other pregnancy outcome during the 6-month period immediately preceding intake or any time in custody thereafter shall be evaluated as soon as practicable after intake or confirmation of pregnancy through evidence-based screening and assessment for substance use disorders or mental health conditions, including postpartum depression or depression related to pregnancy, birth, or any other pregnancy outcome or early child care. (B) Risk factors Screening under subparagraph (A) shall include identification of any of the following risk factors: (i) An existing mental or physical health condition or substance use disorder. (ii) Being underweight or overweight. (iii) Multiple births or a previous still birth. (iv) A history of preeclampsia. (v) A previous Caesarean section. (vi) A previous miscarriage. (vii) Being older than 35 or younger than 15. (viii) Being diagnosed with the human immunodeficiency virus, hepatitis, diabetes, or hypertension. (ix) Such other risk factors as the chief health care professional of the Bureau of Prisons facility that house the woman may determine to be appropriate. (5) Unexpected births rulemaking The Director of the Bureau of Prisons shall provide services to respond to unexpected childbirth deliveries, labor complications, and medical complications related to pregnancy if a woman in custody is unable to access a hospital in a timely manner in accordance with rules promulgated by the Attorney General, which shall be promulgated not later than 180 days after the date of enactment of this Act. (6) Treatment The Director of the Bureau of Prisons shall use best efforts to provide a woman in custody who is pregnant and diagnosed with having a substance use disorder or a mental health disorder with appropriate evidence-based treatment. 5. Use of restrictive housing on incarcerated pregnant women during pregnancy, labor, and postpartum recovery prohibited (a) In general Section 4322 of title 18, United States Code, is amended to read as follows: 4322. Use of restrictive housing on incarcerated women during the period of pregnancy, labor, and postpartum recovery prohibited (a) Prohibition Except as provided in subsection (b), during the period beginning on the date on which pregnancy is confirmed by a health care professional and ending not earlier than 12 weeks after delivery, an incarcerated woman in the custody of the Bureau of Prisons, or in the custody of the United States Marshals Service pursuant to section 4086, shall not be held in restrictive housing. (b) Exceptions (1) Restrictive housing Subject to paragraph (4), the prohibition under subsection (a) relating to restrictive housing shall not apply if the Director of the Bureau of Prisons or a senior Bureau of Prisons official overseeing women’s health and services, in consultation with senior officials in health services, makes an individualized determination that restrictive housing is required as a temporary response to behavior that poses a serious and immediate risk of physical harm. (2) Review The official who makes a determination under subparagraph (A) shall review such determination daily for the purpose of removing an incarcerated woman as quickly as feasible from restrictive housing. (3) Restrictive housing plan The official who makes a determination under subparagraph (A) shall develop an individualized plan to move an incarcerated woman to less restrictive housing within a reasonable amount of time. (4) Prohibition on solitary confinement An incarcerated woman who is placed in restrictive housing under this subsection may not be placed in solitary confinement if the incarcerated woman is in her third trimester. (c) Reports (1) Report to Directors and health care professional after placement in restrictive housing Not later than 30 days after the date on which an incarcerated woman is placed in restrictive housing under subsection (b), the applicable official identified in subsection (b)(1), correctional officer, or United States Marshal shall submit to the Director of the Bureau of Prisons or the Director of the United States Marshals Service, as applicable, and to the health care professional responsible for the health and safety of the woman, a written report which describes the facts and circumstances surrounding the restrictive housing placement, and includes the following: (A) The reasoning upon which the determination for the placement was made. (B) The details of the placement, including length of time of placement and how frequently and how many times the determination was made subsequent to the initial determination to continue the restrictive housing placement. (C) A description of all attempts to use alternative interventions and sanctions before the restrictive housing was used. (D) Any resulting physical effects on the woman observed by or reported by the health care professional responsible for the health and safety of the woman. (E) Strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again. (2) Report to Congress Not later than 180 days after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act (d) Notice Not later than 24 hours after the confirmation of the pregnancy of an incarcerated woman by a health care professional, that woman shall be notified, orally and in writing, by an appropriate health care professional, correctional officer, or United States Marshal, as applicable— (1) of the restrictions on the use of restrictive housing placements under this section; (2) of the right of the incarcerated woman to make a confidential report of a violation of restrictions on the use of restrictive housing placement; and (3) that the facility staff have been advised of all rights of the incarcerated woman under subsection (a). (e) Violation reporting process Not later than 180 days after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act (f) Notification of rights The warden of the Bureau of Prisons facility where a pregnant woman is in custody shall notify necessary facility staff of the pregnancy and of the rights of the incarcerated pregnant woman under subsection (a). (g) Retaliation It shall be unlawful for any Bureau of Prisons or United States Marshals Service employee to retaliate against an incarcerated person for reporting under the processes established under subsection (e) a violation of subsection (a). (h) Education Not later than 90 days after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act (1) develop education guidelines regarding the physical and mental health needs of incarcerated pregnant women, and the use of restrictive housing placements on incarcerated women during the period of pregnancy, labor, and postpartum recovery; and (2) incorporate such guidelines into appropriate education programs. (i) Definition In this section, the term restrictive housing (1) removal from the general inmate population, whether voluntary or involuntary; (2) placement in a locked room or cell, whether alone or with another inmate; and (3) inability to leave the room or cell for the vast majority of the day. . (b) Clerical amendment The table of sections for chapter 317 4322. Use of restrictive housing on incarcerated women during the period of pregnancy, labor, and postpartum recovery prohibited. . 6. Treatment of women with high-risk pregnancies (a) In general Chapter 303 4051. Treatment of incarcerated pregnant women (a) High-Risk pregnancy health care The Director of the Bureau of Prisons shall ensure that each incarcerated pregnant woman receives an evaluation to determine if the pregnancy is high-risk and, if so, receives healthcare appropriate for a high-risk pregnancy, including obstetrical and gynecological care, during pregnancy and postpartum recovery. (b) High-Risk pregnancies (1) In general The Director of the Bureau of Prisons shall transfer to a Residential Reentry Center with adequate health care during her pregnancy and postpartum recovery any incarcerated woman who— (A) is determined by a health care professional to have a high-risk pregnancy; and (B) agrees to be transferred. (2) Priority The Residential Reentry Center to which an incarcerated pregnant woman is transferred under paragraph (1) shall, to the extent practicable, be in a geographical location that is close to the family members of the incarcerated pregnant woman. (3) Transportation To transport an incarcerated pregnant woman to a Residential Reentry Center, the Director of the Bureau of Prisons shall provide to the woman a mode of transportation that a healthcare professional has determined to be safe for transporting the pregnant woman. (4) Service of sentence Any time accrued at a Residential Reentry Center or alternative housing as a result of a transfer made under this section shall be credited toward service of the incarcerated pregnant woman’s sentence. (c) Definitions In this section: (1) Health care professional The term health care professional (A) a doctor of medicine or osteopathy who is authorized to diagnose and treat physical or mental health conditions under the laws of the State in which the doctor practices and where the facility is located; (B) any physician’s assistant or nurse practitioner who is supervised by a doctor of medicine or osteopathy described in subparagraph (A); or (C) any other person determined by the Director of the Bureau of Prisons to be capable of providing health care services. (2) High-risk pregnancy The term high-risk pregnancy (3) Postpartum recovery The term postpartum recovery (4) Residential reentry center The term Residential Reentry Center . (b) Conforming amendment The table of sections for chapter 303 4051. Treatment of incarcerated pregnant women. . 7. Reporting requirement regarding claims filed by pregnant inmates The Director of the Federal Bureau of Prisons shall make publicly available on the website of the Federal Bureau of Prisons on an annual basis the following information: (1) The total number of Administrative Remedy appeals related to pregnant inmates that were filed during the previous year. (2) The total number of institution-level Requests for Administrative Remedy related to pregnant inmates that were filed during the previous year. (3) The total number of informal requests for administrative remedy related to pregnant inmates that were filed during the previous year. (4) The total number of requests or appeals related to pregnant inmates during the previous year that were not resolved before the inmate gave birth or that were mooted because the inmate’s pregnancy ended. (5) The average amount of time that each category of request or appeal took to resolve during the previous year. (6) The shortest and longest amounts of time that a request or appeal in each category that was resolved in the last year took to resolve. 8. Education and technical assistance The Director of the National Institute of Corrections shall provide education and technical assistance, in conjunction with the appropriate public agencies, at State and local correctional facilities that house women and facilities in which incarcerated women go into labor and give birth, in order to educate the employees of such facilities, including health personnel, on the dangers and potential mental health consequences associated with the use of restrictive housing and restraints on incarcerated women during pregnancy, labor, and postpartum recovery, and on alternatives to the use of restraints and restrictive housing placement. 9. Bureau of Prisons staff and United States Marshals training (a) Bureau of prisons training (1) In general (A) Initial training Not later than 180 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall provide training to carry out the requirements of this Act and the amendments made by this Act to each correctional officer at any Bureau of Prisons facility that houses women who is employed on the date of enactment of this Act. (B) Subsequent training After the initial training provided under subparagraph (A), the Director of the Bureau of Prisons shall provide training to carry out the requirements of this Act and the amendments made by this Act twice each year to each correctional officer at any Bureau of Prisons facility that houses women. (2) New hires (A) Definition In this paragraph, the term covered new correctional officer (B) Training The Director of the Bureau of Prisons shall train each covered new correctional officer to carry out the requirements of this Act and the amendments made by this Act not later than 30 days after the date on which the covered new correctional officer is appointed. (b) United States Marshals training (1) In general On and after the date that is 180 days after the date of enactment of this Act, the Director of the United States Marshals Service shall ensure that each Deputy United States Marshal has received trained pursuant to the guidelines described in subsection (c). (2) New hires (A) Definition In this paragraph, the term new Deputy United States Marshal (B) Training Not later than 30 days after the date on which a new Deputy United States Marshal is appointed, the new Deputy United States Marshal shall receive training pursuant to the guidelines described in subsection (c). (c) Guidelines (1) In general The Director of the Bureau of Prisons and the United States Marshals Service shall each develop guidelines on the treatment of incarcerated women during pregnancy, labor, and postpartum recovery and incorporate such guidelines in the training required under this section. (2) Contents The guidelines developed under paragraph (1) shall include guidance on— (A) the transportation of incarcerated pregnant women; (B) housing of incarcerated pregnant women; (C) nutritional requirements for incarcerated pregnant women; and (D) the right of a health care professional to request that restraints not be used. 10. GAO study on State and local correctional facilities The Comptroller General of the United States shall conduct a study of services and protections provided for pregnant incarcerated women in local and State correctional settings, including— (1) policies on— (A) obstetrical and gynecological care; (B) education on nutritional issues and health and safety risks associated with pregnancy; (C) mental health and substance use treatment; (D) access to prenatal and post-delivery support services and programs; and (E) the use of restraints and restrictive housing placement; and (2) the extent to which the intent of such policies is fulfilled. 11. GAO study on Federal pretrial detention facilities (a) Study The Comptroller General of the United States shall conduct a study of services and protections provided for pregnant women who are incarcerated in Federal pretrial detention facilities, which shall examine— (1) what available data indicate about pregnant women detained or held in Federal pretrial detention facilities; (2) existing United States Marshals Service policies and standards that address the care of pregnant women in Federal pretrial detention facilities; and (3) what is known about the care provided to pregnant women in Federal pretrial detention facilities. (b) Report and best practices Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report of the results of the study conducted under subsection (a), which shall— (1) identify best practices for ensuring that Federal pretrial detention facilities implement services and protections for pregnant women consistent with this Act and the amendments made by this Act; and (2) provide recommendations on how to implement these best practices among all Federal pretrial detention facilities. (c) Definition For purposes of this section, the term Federal pretrial detention facilities 12. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation	Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act
Prioritizing Evidence for Workforce Development Act This bill requires state workforce development plans to describe how the state will prioritize funding evidence-based programs that demonstrate positive outcomes for their target populations.	117 S5028 IS: Prioritizing Evidence for Workforce Development Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5028 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To amend the Workforce Innovation and Opportunity Act to prioritize programs that provide evidence of performance. 1. Short title This Act may be cited as the Prioritizing Evidence for Workforce Development Act 2. Prioritizing programs that provide evidence of performance Section 102 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112 (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (D), by striking and (ii) in subparagraph (E), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (F) a description of how the State plans to prioritize the funding of evidence-based programs for which evidence from a rigorous evaluation of the programs shows a positive effect on the target population for the programs, with highest priority given to programs that are high-evidence interventions, next priority given to programs that are moderate-evidence interventions, and next priority given to programs that are low-evidence interventions. ; and (B) in paragraph (2)(C)— (i) in clause (vii), by striking and (ii) in clause (viii), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (ix) how the State will prioritize the funding of evidence-based programs for which evidence from a rigorous evaluation of the programs shows a positive effect on the target population for the programs. ; and (2) by adding at the end the following: (d) Definitions In subsection (b): (1) Evidence-based The term evidence-based (2) High-evidence The term high-evidence (A) two or more well-conducted experimental studies carried out in typical community settings and conducted at different implementation sites; or (B) one large multisite well-conducted experimental study carried out in such a setting. (3) Low-evidence The term low-evidence (4) Moderate-evidence The term moderate-evidence (5) Well-conducted experimental study The term well-conducted experimental study .	Prioritizing Evidence for Workforce Development Act
Digital Trading Clarity Act of 2022 This bill establishes a safe harbor from securities regulation for certain digital asset exchanges and intermediaries. This safe harbor applies if (1) such digital asset is not classified as a security by the Securities and Exchange Commission (SEC) or by a U.S. court; and (2) the exchange or intermediary complies with requirements regarding listings, customer protection, and disclosures. If a digital asset is determined to be a security and otherwise meets these requirements, the exchange or intermediary has a two year period during which the SEC may not pursue specified enforcement activity against the exchange or intermediary.	107 S5030 IS: Digital Trading Clarity Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5030 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Hagerty Committee on Banking, Housing, and Urban Affairs A BILL To provide digital asset intermediaries with a safe harbor from certain enforcement actions by the Securities and Exchange Commission, and for other purposes. 1. Short title This Act may be cited as the Digital Trading Clarity Act of 2022 2. Safe harbor (a) Definitions In this section: (1) Associated person The term associated person (2) Bank; exchange; securities laws; self-regulatory organization; statutory disqualification Except as otherwise expressly provided, the terms bank exchange securities laws self-regulatory organization statutory disqualification 15 U.S.C. 78c(a) (3) Broker-dealer The term broker-dealer 15 U.S.C. 78c(a) (4) Commission The term Commission (5) Digital asset The term digital asset (A) confers economic, proprietary, or access authority; and (B) is recorded using cryptographically-secured distributed ledger technology or any similar analogue. (6) Intermediary The term intermediary (A) means any centralized platform, including an exchange, that— (i) has customers; and (ii) makes a digital asset available for trading among multiple buyers and sellers under a Federal or State law, rule, or regulation that authorizes the platform to provide those services; and (B) does not include any individual. (7) List The term list (A) to make the asset available for trading; and (B) to effect transactions in the asset. (8) National securities exchange The term national securities exchange 15 U.S.C. 78f (9) Security Except as otherwise expressly provided, the term security (A) with respect to an application of the Securities Act of 1933 ( 15 U.S.C. 77a et seq. 15 U.S.C. 77b(a) (B) with respect to an application of the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. 15 U.S.C. 78c(a) (b) Safe harbor (1) In general Any digital asset with respect to which a determination has not been made under subsection (d), and that is listed through an intermediary that has satisfied the requirements described in subsection (c), shall not be considered to be a security. (2) Application Paragraph (1) shall apply to all activities of an intermediary that lists a digital asset that satisfies the conditions of that paragraph, including the listing of that digital asset through the intermediary. (c) Requirements The requirements described in this subsection with respect to an intermediary are as follows: (1) The intermediary shall establish a process for listing digital assets through the intermediary, which shall be reasonably designed to permit the intermediary to determine whether the digital asset is a security. (2) The process established under paragraph (1) shall include written policies and procedures to conduct and document an accurate classification of the applicable digital asset for the purposes of the securities laws, which shall be supported by materials that include legal analysis performed by attorneys with expertise in the securities laws, which shall take into consideration— (A) relevant Commission rules, enforcement actions, no-action letters, and exemptive orders and other relevant guidance provided by the Commission or the staff of the Commission; (B) relevant guidance from, or formal action taken by, other Federal agencies, including the Commodity Futures Trading Commission; and (C) relevant case law. (3) The intermediary, and any associated person with respect to the intermediary, shall consent to service of process for any civil action brought by, or any proceeding before, the Commission or a self-regulatory organization of which the intermediary is a member. (4) The intermediary, and each associated person to which paragraph (3) applies, shall maintain a written record of the consent provided under that paragraph, which shall be made available to the Commission and any applicable self-regulatory organization, upon request. (5) The intermediary shall— (A) determine and confirm that neither the intermediary nor any associated person with respect to the intermediary is subject to a statutory disqualification, which may be made on a good faith basis pursuant to a questionnaire completed by those associated persons; and (B) maintain a written record of the determinations and confirmations made under subparagraph (A), including any questionnaires described in that subparagraph, which shall be made available to the Commission and any applicable self-regulatory organization, upon request. (6) (A) The intermediary shall establish, maintain, and enforce written policies, procedures, and controls, consistent with industry best practices and guidance of the Commission, that are reasonably designed to demonstrate effective control with respect to the applicable digital asset and to protect against theft, loss, and accidental use of the private keys, or a shard of a private key, that the intermediary controls, including with respect to— (i) onboarding the digital asset and associating the digital asset with a private key, or a shard of a private key, in possession or under control of the intermediary; (ii) systems used to create, store, or use those private keys and shards of those private keys; (iii) the generation of cryptographically strong private keys and shards of private keys; and (iv) creating backup keys and shards of private keys. (B) Without limitation, the requirement under subparagraph (A) may be satisfied through— (i) a proprietary self-custody system; (ii) a self-custody vendor that provides self-custody services, such as key generation and recovery, if the systems of that vendor meet or exceed the reasonably designed security requirements of the intermediary; or (iii) a custodian, such as a bank, that the Commission has determined is a satisfactory control location. (7) The intermediary shall— (A) adopt customer protection measures, including— (i) in order to identify potentially manipulative or fraudulent conduct, by establishing, maintaining, and enforcing written policies, procedures, and controls that are reasonably designed to fulfill all applicable obligations of the intermediary under— (I) subchapter II of chapter 53 (II) the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 (title III of Public Law 107–56 (ii) by creating and keeping records in accordance with the obligations of the intermediary for a period of not less than 3 years, the first 2 years of which shall be in an easily accessible place; and (B) make all records created and kept under subparagraph (A) available to the Commission and any applicable self-regulatory organization, upon request. (8) The intermediary shall disclose on the website of the intermediary the risks associated with trading in the applicable digital asset, including that the protection provided pursuant to the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78aaa et seq. (A) does not apply to digital assets that are not securities, as defined in section 16 of that Act ( 15 U.S.C. 78lll (B) may not apply to all digital assets that are securities. (9) The intermediary shall enter into a written agreement with a bank or registered broker-dealer for the purposes of a compliance period described in subsection (e), which shall provide that— (A) beginning not later than 180 days after the date on which that compliance period begins, and until the intermediary is registered as described in paragraph (10)(B), that bank or broker-dealer shall facilitate transactions in that digital asset in a manner that is consistent with the obligations of the bank or broker-dealer under the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. (i) effecting transactions in that digital asset; (ii) issuing required confirmations and statements to customers relating to the transactions described in clause (i); (iii) maintaining required books and records relating to the transactions described in clause (i); (iv) ensuring that the broker-dealer remains compliant with the requirements under section 240.15c3–1 of title 17, Code of Federal Regulations, or any successor regulation, with respect to the transactions described in clause (i), including that the broker-dealer shall be subject to a $250,000 net capital requirement under such section 240.15c3–1, in addition to any other capital requirements that the Commission or any applicable self-regulatory organization may determine to be appropriate to protect investors; and (v) in a manner that complies with, or is exempt from, the requirements under section 240.15c3–3 of title 17, Code of Federal Regulations, or any successor regulation, receiving, delivering, and safeguarding funds and securities in connection with the transactions described in clause (i); (B) the intermediary shall notify customers of the intermediary that, during the period beginning on the date described in subparagraph (A) and ending on the date on which that compliance period ends, that bank or broker-dealer will effect transactions of that digital asset, as described in subparagraph (A)(i); and (C) within a reasonable timeframe, and not later than 180 days after the date on which that compliance period ends, the intermediary shall transfer operations that support effecting transactions in that digital asset to that bank or broker-dealer, unless that intermediary is a bank or has registered as a broker-dealer. (10) The intermediary shall certify that, if the applicable digital asset is determined under subsection (d) to be a security, after the end of any compliance period described in subsection (e), if applicable, the intermediary shall— (A) stop listing the digital asset; or (B) if the digital asset is registered under section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e (i) a broker-dealer; or (ii) a national securities exchange. (d) Commission or court determination (1) In general (A) Determination If the Commission (through a statement, formal rulemaking, or enforcement action, and without objection from the Commodity Futures Trading Commission), or a court of the United States in a final judgment, determines that a digital asset is a security, the Division of Examinations of the Commission shall request information from any intermediary listing the digital asset to determine if the intermediary satisfies the requirements under subsection (c). (B) Request by intermediary An intermediary may submit to the Commission a request for the Commission to make a determination under subparagraph (A). (2) Entry into compliance period If, after a request for information under paragraph (1), the Division of Examinations of the Commission determines that an intermediary has satisfied the requirements under subsection (c) with respect to a digital asset, the intermediary and digital asset shall enter the compliance period described in subsection (e). (3) Failure to comply If, after a request for information under paragraph (1), the Division of Examinations of the Commission determines that an intermediary has not satisfied the requirements under subsection (c) with respect to a digital asset— (A) the digital asset shall be considered to be a security with respect to that intermediary; and (B) the intermediary shall be subject to all legal requirements with respect to the activities of the intermediary with respect to the digital asset as a result of the application of subparagraph (A). (e) Compliance period (1) In general With respect to an intermediary and a digital asset described in subsection (d)(2), the following shall apply: (A) During the 2-year period beginning on the date on which the determination described in subsection (d)(1) is made, the following shall apply: (i) The intermediary shall not be subject to an enforcement action by the Commission, or any other cause of action, for a violation of section 5 or 17 of the Securities Act of 1933 ( 15 U.S.C. 77e 15 U.S.C. 78j(b) (ii) The intermediary shall not be subject to any enforcement action by the Commission for failure to register as a broker-dealer or as a national securities exchange (or for any associated requirements with respect to any such registrant) in connection with the activities of the intermediary with respect to that digital asset. (iii) In the case of a determination made by the Commission under subsection (d)(1), the intermediary may seek declaratory relief in an appropriate court of the United States stating that the digital asset is not a security, notwithstanding that determination by the Commission. (iv) With respect to an action brought under clause (iii), the court may, in the discretion of the court, permit the intermediary to continue to list the digital asset during the pendency of the action. (B) Beginning on the date that is 180 days after the date on which the 2-year period described in subparagraph (A) begins, the bank or broker-dealer described in subsection (c)(9) shall facilitate all transactions of the intermediary with respect to the relevant digital asset, as described in subsection (c)(9)(A), until the date on which the intermediary is registered as described in subsection (c)(10)(B). (2) End of compliance period After the end of the 2-year period described in paragraph (1)(A), any broker-dealer or exchange that lists the applicable digital asset shall stop listing that digital asset, if— (A) the digital asset— (i) is not registered under section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e (ii) does not otherwise qualify for an exemption from registration under section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e (B) an appropriate court of the United States has determined in an action described in paragraph (1)(A)(iii) that the digital asset is a security. (f) Retroactive effect With respect to a digital asset that the Commission has determined is a security, if the Commission subsequently determines that the digital asset is not a security, the applicable intermediary shall not be subject to any enforcement action by the Commission, or any other cause of action, for a violation of section 5 or 17 of the Securities Act of 1933 ( 15 U.S.C. 77e 15 U.S.C. 78j(b)	Digital Trading Clarity Act of 2022
Dearfield Study Act This bill directs the Department of the Interior to conduct a special resource study of the site known as Dearfield, in Weld County, Colorado, which was a historically black agricultural settlement founded by Oliver Toussaint Jackson. In conducting the study, Interior shall evaluate the national significance of the study area, and determine the suitability and feasibility of designating the study area as a unit of the National Park System.	117 S5031 IS: Dearfield Study Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5031 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Hickenlooper Mr. Bennet Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study of the site known as Dearfield 1. Short title This Act may be cited as the Dearfield Study Act 2. Definitions In this Act: (1) Secretary The term Secretary (2) Study area The term study area Dearfield 3. Dearfield special resource study (a) In general The Secretary shall conduct a special resource study of the study area. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the study area; (2) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (4) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives described in paragraphs (2) and (3). (c) Applicable law The study required under subsection (a) shall be conducted in accordance with section 100507 of title 54, United States Code. (d) Report Not later than 3 years after the date on which funds are first made available to carry out the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (1) the results of the study; and (2) any conclusions and recommendations of the Secretary.	Dearfield Study Act
Seafood Marketing Act of 2022 This bill provides for the reestablishment of the National Fish and Seafood Promotional Council until December 31, 2027. It also modifies qualifications for voting members of the council. Additionally, the bill also provides statutory authority for a definition of seafood to include finfish, mollusks, crustaceans, seaweed, and all other forms of aquatic life used for human consumption.	117 S5032 IS: Seafood Marketing Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5032 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Wicker Mr. Cardin Committee on Commerce, Science, and Transportation A BILL To provide for the reestablishment of the National Fish and Seafood Promotional Council, and for other purposes. 1. Short title This Act may be cited as the Seafood Marketing Act of 2022 2. Findings Congress makes the following findings: (1) The public health benefits of eating seafood for brain health, heart health, mental health, and overall wellness are well researched and established. (2) Prominent organizations have consistently recommended eating at least 2 servings of seafood per week, including— (A) the Department of Agriculture and the Department of Health and Human Services in the Dietary Guidelines for Americans in 2010, 2015, and 2020; (B) the Food and Drug Administration since 2004; and (C) the American Heart Association. (3) Only 1 in 5 people in the United States follow the Dietary Guidelines for Americans to eat at least 2 servings of seafood per week, according to the Centers for Disease Control and Prevention. (4) Eating seafood at least twice per week can reduce the risk of dying from heart disease by 36 percent. (5) More than 877,500 people in the United States die of heart disease or stroke each year, and the economic toll is approximately $363,000,000,000 in healthcare costs and lost productivity. (6) Close to 55,000 deaths per year are associated with insufficient seafood consumption in the United States. (7) Pregnant people in the United States eat on average 1.8 ounces of seafood per week compared to the dietary recommendation of 8 to 12 ounces of seafood per week. (8) Strong medical evidence shows that nutrients specific to seafood reduce the risk of preterm birth by more than 40 percent. In the United States, 1 in 10 infants are born prematurely, which can negatively impact brain development, vision, and hearing. (9) Public education campaigns have effectively communicated the health and nutritional benefits of other dietary recommendations. (10) A previous effort to promote the public health benefits of eating seafood was conducted by the National Fish and Seafood Promotional Council, which was Federally funded from 1987 to 1991. (11) The Marine Fisheries Advisory Committee of the National Oceanic and Atmospheric Administration published a report in July 2020 recommending establishing a National Seafood Council to elevate the narrative of the nutritional value of seafood, which the report states could directly improve the health of the people of the United States. (12) Increasing the awareness and perception of edible invasive non-native species of seafood can help control aquatic invasive species populations and sustain native stocks. 3. Reestablishment of National Fish and Seafood Promotional Council (a) First meeting Section 205(g) of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4004(g) first meet first meet not later than 180 days after the date of the enactment of the Seafood Marketing Act of 2022 (b) Initial appointments Section 207(a)(5) of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4006(a)(5) within ninety not later than 90 days after the date of the enactment of the Seafood Marketing Act of 2022 (c) Termination Section 206(g) of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4005(g) December 31, 1991 December 31, 2027 4. Modifications to qualifications for voting members of National Fish and Seafood Promotional Council Section 205(d) of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4004(d) (1) in paragraph (1), by striking subparagraphs (E) and (F) and inserting the following: (E) one member-at-large with demonstrated expertise in fresh-water and inland commercial fisheries who is not a resident of the States of the Alaska, Pacific, Southeast, and Northeast regions; (F) one member-at-large who is a person professionally engaged in consumer marketing and the dissemination of information pertaining to the nutritional benefits and preparation of seafood and seafood products; and (G) one member-at-large with demonstrated expertise in scientific research on the nutrition and public health benefits of seafood consumption. ; and (2) by amending paragraph (2) to read as follows: (2) Of the members appointed pursuant to each of subparagraphs (A) through (D) of paragraph (1), one shall be a harvester, one shall be a processor or a receiver, and at least one shall have demonstrated marketing expertise. . 5. Funding for Fisheries Promotion Fund Section 209 of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4008 (1) in subsection (b), by amending paragraph (1) to read as follows: (1) amounts appropriated pursuant to the authorization of appropriations under subsection (e) of this section; ; (2) in subsection (d), by striking fiscal year 1987 through fiscal year 1991 fiscal year 2023 through fiscal year 2027 (3) by adding at the end the following: (e) Authorization of appropriations There are authorized to be appropriated for the Fund $25,000,000 for each of fiscal years 2023 through 2027. . 6. Definition of seafood in Fish and Seafood Promotion Act of 1986 (a) In general Section 204 of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4003 (1) by striking paragraph (3); (2) by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively; and (3) by inserting after paragraph (13), as redesignated, the following: (14) seafood . (b) Conforming amendments The Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4001 et seq. (1) in section 202 ( 16 U.S.C. 4001 (A) in paragraph (1), by striking fish resources seafood resources (B) in paragraph (3), by striking fish contribute seafood contributes (C) in paragraph (6), by striking fish species seafood species (2) in section 203 ( 16 U.S.C. 4002 (A) in paragraph (2), by striking species of fish species of seafood (B) in paragraph (3), by striking domestically-produced fish domestically produced seafood (C) in paragraph (5), by striking fish seafood (D) in paragraph (7), by striking fish seafood (3) in section 204 ( 16 U.S.C. 4003 (A) in paragraph (4), as redesignated by subsection (a)(2), by striking fish seafood (B) in paragraph (11), as so redesignated, by striking fish or fish products (including fish seafood or seafood products (including seafood (C) in paragraph (12), as so redesignated, by striking fish seafood (D) by striking fish and fish products seafood and seafood products (E) by striking fish or fish products seafood or seafood products (4) in section 206 ( 16 U.S.C. 4005 (A) in subsection (c)— (i) in the first sentence, by striking fish or fish products seafood or seafood products (ii) in the second sentence, by striking fish species seafood species (B) by striking fish and fish products seafood and seafood products (5) in section 210 ( 16 U.S.C. 4009 (A) by striking fish and fish products seafood and seafood products (B) by striking fish or fish products seafood or seafood products (C) by striking fish or fish product seafood or seafood product (6) in section 213 ( 16 U.S.C. 4012 fish seafood (7) in section 216(a) ( 16 U.S.C. 4015(a) (A) in paragraph (2), by striking fish or fish products seafood or seafood products (B) in paragraph (4), by striking fish and fish products seafood and seafood products	Seafood Marketing Act of 2022
Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022 This bill reauthorizes, modifies, and establishes programs that address the quality of forensic science, the privacy of victims of crimes, and the integrity of criminal convictions.	108 S5033 IS: Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5033 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Cornyn Mr. Leahy Mr. Tillis Ms. Klobuchar Committee on the Judiciary A BILL To reauthorize the Paul Coverdell Forensic Sciences Improvement Grant Program, and for other purposes. 1. Short title This Act may be cited as the Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022 2. Ending the rape kit backlog (a) Tracking kits Section 2(a)(8) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40701(a)(8) , including through the implementation, improvement, or operation of sexual assault evidence tracking systems. (b) Program goals Section 2(o)(1) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40701(o)(1) (1) in the matter preceding subparagraph (A), by striking Not later than 18 months after the date of enactment of the SAFER Act of 2013 Not later than 1 year after the date of enactment of the Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022 (2) in subparagraph (D), by striking and (3) in subparagraph (E), by striking the period at the end and inserting ; and (4) by adding at the end the following: (F) a determination of whether eliminating the processing backlog of DNA evidence in the United States is a goal of the grant program established under this section. . (c) FBI report Not later than 180 days, the Director of the Federal Bureau of Investigation shall submit to Congress a report that describes the plan and the standards that must be met, as of the date of the submission of the report, of the Federal Bureau of Investigation to evaluate and validate the use of Rapid DNA instruments (as defined in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40702(c) 3. Requirements for CODIS access Section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12592 (c) Requirements for access (1) In general (A) Use of DNA profiles Subject to subparagraph (B), reference DNA profiles from victims of sexual assault may only be uploaded and searched by law enforcement databases that use software of the Combined DNA Index System for the purpose of analyzing DNA identification markers for quality control to detect sample contamination. (B) Prohibition The reference DNA profiles described in subparagraph (A) may not be uploaded or searched in the National DNA Index System of the Combined DNA Index System for any purpose. (2) Cancellation of access Access to the index described in subsection (a) is subject to cancellation if— (A) the quality control and privacy requirements described in subsection (b) are not met; or (B) a law enforcement agency reports a non-contamination-related match of a DNA profile described in paragraph (1)(A) that is uploaded or searched from the index to a DNA sample relating to another investigation resulting from an elimination database search of DNA profiles described in paragraph (1)(A) to an investigator or an officer of a court for the purpose of a criminal investigation or prosecution. . 4. Right of victims to be heard (a) Crime victims’ rights Section 3771(a)(9) of title 18, United States Code, is amended by striking informed consulted (b) Federal Rules of Criminal Procedure Rule 11(c)(2) of the Federal Rules of Criminal Procedure is amended— (1) by striking The parties (A) The parties ; and (2) by adding at the end the following: (B) In the case of a plea agreement for an offense involving sexual assault (as defined in section 3772 of title 18, United States Code), the government shall notify the court if a victim of the offense objects to the plea agreement. . 5. Victims’ rights to their reports Section 3771 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraph (10) as paragraph (13); and (B) by inserting after paragraph (9) the following: (10) The right to be provided, upon request, with a copy of the report and evidence on file from the applicable law enforcement or other investigative agency after the investigation is closed, whether closed by arrest or otherwise, except in the case of information that is required to be withheld or redacted because release of the information would adversely affect an ongoing investigation or harm public safety. (11) A free copy of the police or agency report shall be provided to the victim or victim’s representative within a reasonable period of time. (12) The right to be protected from the disclosure of confidential information, including an address, Social Security number, medical record number, driver’s license number, and employment identification number. . 6. Victims’ services improvements Section 503(c) of the Victims’ Rights and Restitution Act of 1990 ( 34 U.S.C. 20141(c) (1) in paragraph (1)— (A) in subparagraph (B), by inserting the manner (B) in subparagraph (C), by striking and (C) in subparagraph (D), by striking the period at the end and inserting ; and (D) by adding at the end the following: (E) provide a victim with reasonable resources needed to access Federal, State, or local services and relief described in subparagraphs (A), (B), and (C). ; (2) in paragraph (7)— (A) in the first sentence— (i) by inserting or any crime of violence (as defined in section 16 of title 18, United States Code) sexual assault (ii) by inserting or prosecuting agency investigating officer (B) in the second sentence, by striking The Attorney General For investigations of sexual assault, the Attorney General (3) in paragraph (8), by adding at the end the following: The responsible official shall also assist the victim in preparing and providing testimony when appropriate during the corrections process. 7. Sexual assault response training for law enforcement officers Section 303(a) of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40722(a) , and to implement evidence-based, trauma-informed practices to otherwise improve the investigation of, and response to, sexual assault cases DNA evidence 8. Office of Investigative Forensic Sciences Realignment (a) Findings Congress finds the following: (1) Forensic science is the application of scientific or technical practices to the recognition, collection, analysis, and interpretation of evidence to establish conclusions or opinions, facts, and findings that can be used for criminal and civil law or regulatory issues. (2) In particular, forensic science plays a pivotal role in exonerating suspects and wrongfully convicted individuals, implicating and convicting those who commit crimes, identifying missing person, bringing closure and justice to victims of crime and their families, providing actionable intelligence to law enforcement agencies to solve and prevent crime enabling transparent intelligence-led and data-driven policing, and by providing fact-based evidence for judges and juries which would otherwise not be available. (3) In 2009, the National Academy of Sciences, National Research Council published a report entitled Strengthening Forensic Science in the United States: A Path Forward, (4) Within the Department of Justice, Office of Justice Programs there was established the National Institute of Justice. The Office of Investigative Forensic Sciences was created as a component of National Institute of Justice to be the lead department in the Department of Justice for forensic science research and development as well as for the administration of programs that facilitate training, improve laboratory efficiency and reduce backlogs, all in an effort to strengthen forensic science in the United States. (5) The forensic sciences within Federal Government departments and agencies are fragmented, with many Federal agencies having some level of forensic science capabilities. There is a need for a central entity to provide robust leadership on forensic science issues within the Department of Justice. The Office of Investigative Forensic Sciences, currently as a component of the National Institute of Justice, does not have the same standing within the Office of Justice Programs or the Department of Justice as other equally important bureaus and offices. (6) The time is right to realign the Office of Investigative Forensic Sciences to the same program office level as other Office of Justice Programs bureaus and offices with a presidentially appointed director. (b) Establishment of the office of investigative forensic sciences Part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. 110. Office of Investigative Forensic Sciences (a) In general There is established, within the Office of Justice Programs, a program Office of Investigative Forensic Sciences (referred to in this section as the OIFS (b) Transfer There shall be transferred to the OIFS the personnel, including contractors and interns, assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, and the functions, powers, and duties of the following: (1) Oversight of existing cooperative agreements relating to forensic science administered by the Department of Justice and determining the purposes and objectives of discretionary grants relating to forensic science administered by the Department of Justice, other than a grant awarded under the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program established under section 412 of the Justice for All Act of 2004 ( 42 U.S.C. 40727 (2) The Office of Investigative and Forensic Sciences within the National Institute of Justice. (3) The forensic components of the Drugs and Crime program in the Office of Research and Evaluation within the National Institute of Justice. (4) The digital evidence component of the Office of Science and Technology within the National Institute of Justice. (c) Authority The OIFS shall have access to and authority to search Federal law enforcement databases and shall have assigned to it an Originating Agency Identification (ORI) Number to facilitate the sharing of information between the Office and law enforcement agencies. (d) Mission The mission of the OIFS is to strengthen and promote the use and application of forensic science within the judicial system by supporting forensic science service providers, as they continually improve the evidence-based, valid, and reliable practice of forensic science with a focus on quality assurance advancement research and development conducted through— (1) a fair, competitive, transparent merit review process; (2) testing and evaluation; (3) technology; (4) information exchange; (5) training; (6) capacity building for the forensic infrastructure; (7) the development of systems to implement research into practice; and (8) the development of systems to address quality management and other improvements to advance justice. (e) Officers and staff (1) In general The OIFS shall include— (A) a Director who shall have, at a minimum, a Master of Science degree; and (B) a Deputy Director who shall have, at a minimum, a Bachelor of Science degree. (2) Detailees The OIFS may also include employees of the National Institute of Standards and Technology, the National Science Foundation, and Centers for Disease Control and Prevention detailed to the Office of Forensic Science on a reimbursable basis. (f) Liaison If no detailed positions are filled under subsection (e)(2), the Directors of the National Science Foundation, the National Institute of Standards and Technology, and the Centers for Disease Control, shall each, in consultation with the OIFS, designate a liaison at each respective agency to facilitate communication between the OIFS and the agencies. (g) Duties and authority (1) In general The OIFS shall— (A) have the authorities relating to forensic science described in section 202(c); (B) in coordination with the National Institute of Justice, participate in the development of any Federal forensic science research agenda as the lead representatives on behalf of the Department of Justice, along with other departments and agencies of the Federal Government; (C) assume and execute the responsibilities of the offices, programs, and initiatives transferred under subsection (b), including determining the purposes and objectives of discretionary grants, oversight of cooperative agreements; (D) assist and support the Forensic Laboratory Needs Technology Working Group, Medical Legal Death Investigation Working Group, and Forensic Science Research and Development Technology Working Group in carrying out the respective functions of the working groups under this title and such other related functions as are necessary to perform the functions; and (E) evaluate the recommendations of the Forensic Laboratory Needs Technology Working Group, Medical Legal Death Investigation Working Group, and Forensic Science Research and Development Technology Working Group and take actions consistent with the mission of the OIFS. . (c) Deadline The transfer required under section 820 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b), shall be completed on the date that is 180 days after the date of enactment of this Act. 9. Paul Coverdell Forensic Sciences Improvement Grants (a) Amendments Part BB of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10561 et seq. (1) in section 2802 ( 34 U.S.C. 10562 (A) in the matter preceding paragraph (1), by inserting (b) Applications To request (B) by striking paragraphs (1) and (2) and inserting the following: (1) a certification that the State or unit of local government has developed a plan for forensic science service providers and forensic medicine service providers under a program described in section 2804, which shall include a specific description of the manner in which the grant will be used to carry out the plan; (2) (A) a certification that any forensic science service provider laboratory system, including any laboratory operated by a unit of local government within the State, or forensic medicine service provider in the State, that will receive any portion of the grant amount uses generally accepted laboratory practices and procedures, established by accrediting organizations or appropriate certifying bodies; (B) except with regard to any forensic medicine service provider in the State, a certification— (i) that any forensic science service provider laboratory system, including any forensic science service provider operated by a unit of local government within the State, that will receive any portion of the grant is accredited by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement; or (ii) that the State or unit of local government shall use a portion of the grant amount to prepare and apply for such accreditation as described in clause (i) not later than 2 years after the date on which the grant is awarded under this part; and (C) a certification that— (i) any forensic medicine service provider in the State that will receive any portion of the grant amounts is accredited by a accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement, or by an accrediting body that has developed and implemented programs of accreditation that promote within the office a quality management system designed to improve and maintain quality assurance, integrity and the use of generally accepted laboratory practices and procedures; or (ii) that the State or unit of local government shall use a portion of the grant amount to prepare and apply for accreditation described in clause (i) not later than 3 years after the date on which the grant is awarded under this part; ; (C) in paragraph (4)— (i) by striking that a government entity exists and an appropriate process is in place that a named government entity has an appropriate process in place (ii) by striking medical examiner's office, coroner's office forensic medicine service provider (D) by inserting before subsection (b), as so designated by subparagraph (A), the following: (a) Definitions In this section: (1) Forensic medicine service provider The term forensic medicine service provider (2) Forensic science service provider The term forensic science service provider ; and (E) by adding at the end the following: (c) Requirement Not later than 30 days after the date on which grant funds are dispersed under this part, the Attorney General shall publish on the public website of the Department of Justice— (1) a list of each forensic laboratory system, forensic medicine service provider, law enforcement storage facility, or medical facility that received the funds; and (2) as it corresponds to each entity listed under paragraph (1)— (A) the name of the government entity responsible for conducting independent external investigations under subsection (b)(4)(A); (B) a description of the process by which the government entity will conduct the independent external investigations into allegations of serious negligence or misconduct; and (C) instructions for how a person can file an allegation described in subparagraph (B). ; (2) in section 2803(a) ( 34 U.S.C. 10563(a) (A) in paragraph (1), by striking Eighty-five percent (A) In general Subject to subparagraph (B), 85 percent ; and (B) by adding at the end the following: (B) Additional allocation requirements (i) In general Of the total amount made to a State for a fiscal year under subparagraph (A), 5 percent shall be allocated for— (I) forensic science service providers pursuing first-time accreditation by an accrediting body that— (aa) is a signatory to an internationally recognized arrangement; and (bb) offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by such internationally recognized arrangement; and (II) forensic medicine service providers pursuing first-time accreditation by an accrediting body— (aa) that— (AA) is a signatory to an internationally recognized arrangement; and (BB) offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by such internationally recognized arrangement; (bb) that has developed and implemented programs of accreditation that promote within the office a quality management system designed to improve and maintain quality assurance, integrity and the use of generally accepted laboratory practices and procedures; or (cc) attests, in a manner that is legally binding and enforceable, to use a portion of the grant amount to prepare and apply for such accreditation not more than 3 years after the date on which a grant is awarded under section 2801. (ii) Requirement (I) In general Each State receiving a grant amount for a fiscal year shall submit a certification that the State Administering Agency has made reasonable efforts to notify the forensic science service providers and forensic medicine service providers in the State that not less than 5 percent of the total amount awarded under this part are available for preparation for or fees associated with first-time accreditation. (II) Reasonable efforts For purposes of subclause (I), reasonable efforts to provide notice include email or mail to known forensic science service provider contacts. (III) Rule of construction Nothing in this clause shall be construed to require that a forensic science service provider or forensic medicine service provider— (aa) apply for funds described in this clause; or (bb) sign a declaration stating the provider does not want the funds. (IV) Other allowable uses If any amount of the 5 percent of funds allocated under this subparagraph are not requested or used by a forensic science service provider or forensic medicine service provider, such amount may be allocated by the State to other allowable grant purposes. ; (3) in section 2804(a)(5) ( 34 U.S.C. 10564(a)(5) , coroners, and medical-legal death investigators (4) in section 2806(a) ( 34 U.S.C. 10566(a) (A) in paragraph (1), by inserting and forensic pathology or medical-legal death investigator science (B) in paragraph (2)— (i) by inserting or human remains sample (ii) by inserting examination or test results (C) in paragraph (3), after laboratory or forensic medicine service provider (D) in paragraph (4), by inserting or forensic medicine service provider provider (b) Reauthorization Section 1001(a)(24) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(24) (1) by striking subparagraphs (A) through (M); (2) by redesignating subparagraph (N) as subparagraph (A); (3) in subparagraph (A), as so redesignated, by striking the period at the end and inserting ; and (4) by adding at the end the following: (B) $40,000,000 for fiscal year 2023; (C) $43,000,000 for fiscal year 2024; (D) $46,000,000 for fiscal year 2025; (E) $50,000,000 for fiscal year 2026; and (F) $50,000,000 for fiscal year 2027. . (c) Operational needs assessment (1) In general Not later than 180 days after the date of enactment of this Act, and once every 3 years thereafter, the Attorney General shall conduct a study and submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the projected workload, backlog, personnel, workforce, resource, and equipment needs of forensic science providers and forensic medical service providers. (2) Required coordination The study required under paragraph (1) shall be conducted in conjunction with the Forensic Laboratory Needs-Technology Working Group and the Federal Interagency Medicolegal Death Investigation Working Group. (3) Considerations The report required under paragraph (1) shall consider— (A) the most recent Bureau of Justice Statistics census reports on Publicly Funded Forensic Science Service Providers, Digital Forensic Science Service Providers, and Medical Examiner/Coroner Offices; (B) the Report to Congress: Needs Assessment of Forensic Laboratories and Medical Examiner/Coroner Offices, published by the National Institute of Justice; and (C) the practical and applied implications of any other scientific reports on forensic science with relevance to the operational, quality management, and practical needs of the forensic science community. (4) Public availability The report submitted under paragraph (1) shall be made available to the public. 10. Removing unnecessary authorizations Title III of the Justice for All Act of 2004 ( Public Law 108–405 $7,400,000 for fiscal year 2017 and $10,000,000 for each of fiscal years 2018 through 2021 11. Improving the quality of representation in State capital cases (a) Authorization Section 426(a)(5) of the Innocence Protection Act of 2004 ( 34 U.S.C. 60306(a)(5) $22,500,000 for fiscal year 2021. $12,500,000 for each of fiscal years 2023 through 2027, (b) Authorization of grant program To ensure case review, representation, and provide post-Conviction relief (1) In general Subtitle B of title IV of the Justice for All Act of 2004 ( 34 U.S.C. 60301 et seq. 427. Wrongful conviction reviews (1) Purpose The Attorney General shall administer grant programs within the Bureau of Justice Assistance, to encourage the review of possible cases of wrongful conviction and facilitate post-conviction relief by establishing or expanding State and local conviction integrity units and by providing high quality representation for defendants litigating post-conviction claims of innocence. (2) Conviction integrity unit grants (A) Eligible entity defined In this paragraph, the term eligible entity (B) Authorization The Attorney General, acting through the Director of the Bureau of Justice Assistance, shall make grants to eligible entities for the purpose of creating State and local conviction integrity units or entities. (C) Application requirements Each application for a grant under this paragraph shall— (i) demonstrate a plan by the applicant to create, maintain, or expand a State or local conviction integrity unit with the intention to conduct substantive, evidence-based conviction review; (ii) develop a tool to survey or conduct focus groups with community members, non-profit organizations, or public defender offices dedicated to receiving petitions for or reviewing wrongful convictions, and existing local Conviction Integrity Units in order to identify— (I) the needs of individuals or their counsel seeking review of their convictions or sentences; and (II) the needs of existing local conviction integrity units and non-profit organizations or public defender’s offices dedicated to receiving petitions for or reviewing wrongful convictions; (iii) use the information gathered under clause (ii) and conviction integrity unit best practices to advise procedural conduct in conviction review; (iv) develop procedures to ensure that conviction integrity unit is able to operate independently in rules and practice from the other units within the district attorney’s offices or any prosecutors previously involved with the case; (v) in the case of a prosecutor’s office that cannot meet the requirement in clause (iv) because of the size of the office, provide a written policy detailing reasonable steps that shall be taken to preserve independence and ethical integrity during the investigation; (vi) allow for meaningful participation in the review process by petitioner’s counsel; and (vii) develop victim notification procedures for final exonerations as appropriate. (D) Preference In awarding grants under this paragraph, the Attorney General shall give preference to applicants who demonstrate a partnership with a nonprofit organization, law school innocence clinic, or public defender’s office dedicated to receiving petitions for or review wrongful convictions and wrongful sentences. (E) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027 to carry out this paragraph, of which not more than 5 percent of the grant funding shall be used for training and technical assistance for grantees. (3) Wrongful conviction review grants (A) Eligible entity defined In this paragraph, the term eligible entity (B) Authorization The Attorney General shall establish a wrongful conviction review grant program and award grants to eligible entities for the purpose of providing high quality post-conviction representation for defendants in post-conviction claims of innocence. (C) Use of funds A grant awarded under this paragraph shall be used to support an eligible entity in providing— (i) post-conviction legal representation of innocence claims; (ii) case review, evaluation, and management; (iii) experts; (iv) potentially exonerative forensic testing by a forensic service provider that is accredited by an accrediting body that— (I) is a signatory to an internationally recognized arrangement; and (II) offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by the internationally recognized arrangement described in subclause (I); and (v) investigation services related to supporting these post-conviction innocence claims. (D) Authorization of appropriations There are authorized to be appropriated to carry out this paragraph— (i) $15,000,000 for fiscal year 2023; (ii) $18,000,000 for fiscal year 2024; (iii) $22,000,000 for fiscal year 2025; (iv) $26,000,000 for fiscal year 2026; and (v) $30,000,000 for fiscal year 2027. . (2) Clerical amendment The table of contents in section 1(b) of the Justice for All Act of 2004 ( Public Law 108–405 Sec. 427. Wrongful conviction reviews. . 12. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (a) Reauthorization The Innocence Protection Act of 2004 (title IV of Public Law 108–405 (1) in section 412(a) ( 34 U.S.C. 40727(a) and units of local government States (2) in section 413 ( 34 U.S.C. 40722 (A) in the matter preceding paragraph (1), by striking 2017 through 2021 2022 through 2026 (B) by striking paragraph (2) and inserting the following: (2) demonstrate the existence of current laws, regulations, or policies for relevant jurisdictions in the State in which the eligible entity operates that require preservation of biological evidence secured in relation to the investigation or prosecution of a State offense— (A) under a State statute or a State or local rule, regulation, or practice, in a manner that seeks to ensure that reasonable measures are taken by jurisdictions within the State to preserve such evidence; or (B) under a State statute or a State or local rule, regulation, or practice, in a manner comparable to section 3600A of title 18, United States Code, if— (i) jurisdictions within the State that would benefit from this grant program comply with this requirement; and (ii) such jurisdictions may preserve such evidence for longer than the period of time that such evidence would be required to be preserved under such section 3600A. . (b) Authorization of appropriations Section 412 of the Innocence Protection Act of 2004 ( 34 U.S.C. 40727 (b) Appropriation There are authorized to be appropriated— (1) $15,000,000 for fiscal year 2023; (2) $18,000,000 for fiscal year 2024; (3) $22,000,000 for fiscal year 2025; (4) $26,000,000 for fiscal year 2026; and (5) $30,000,000 for fiscal year 2027. . 13. Additional DNA-related reauthorizations (a) DNA research and development Section 305(c) of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40724(c) 2017 through 2021 2023 through 2027 (b) DNA identification of missing persons Section 308(c) of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40726(c) 2017 through 2021 2023 through 2027 14. Accountability For fiscal year 2023, and each fiscal year thereafter, all grants awarded by the Department of Justice that are authorized under this Act shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding (B) Requirement Beginning in fiscal year 2023, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding grants under this Act, the Attorney General shall give priority to eligible entities that, during the 3 fiscal years before submitting an application for a grant under this Act, did not have an unresolved audit finding showing a violation in the terms or conditions of a Department of Justice grant program. (E) Reimbursement If an entity is awarded grant funds under this Act during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs authorized under this Act, the term nonprofit organization section 501(c)(3) (B) Prohibition The Attorney General may not award a grant under this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) (C) Disclosure Each nonprofit organization that is awarded a grant under this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in funds made available to the Department of Justice, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy (as designated by the Deputy Attorney General) provides prior written authorization that the funds may be expended to host the conference, or was approved by the Attorney General through the application process and subsequent cooperative agreement award and any approved revisions. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph. (4) Annual certification Beginning in fiscal year 2023, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification indicating whether— (A) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; (B) all mandatory exclusions required under paragraph (1)(C) have been issued, which includes a list of any grant recipients excluded under paragraph (1) from the previous year; and (C) all reimbursements required under paragraph (1)(E) have been made. (5) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this Act may not be utilized by any grant recipient to— (i) lobby any representative of the Department of Justice regarding the award of grant funding; or (ii) lobby any representative of a Federal, State, local, or Tribal government regarding the award of grant funding. (B) Penalty If the Attorney General determines that any recipient of a grant under this Act has violated subparagraph (A), the Attorney General shall— (i) require the grant recipient to repay the grant in full; and (ii) prohibit the grant recipient from receiving another grant under this Act for not less than 5 years. (6) Other prohibitions None of the funds provided under this Act shall be used by grant or cooperative agreement recipients as a management fee or profit for the purpose of circumventing statutory or other limitations included in the terms and conditions of the award on otherwise allowable costs, including the use of management fees or profit to purchase alcoholic beverages, entertainment, meals for non-business purposes, and membership dues for social or sporting clubs. (7) Preventing duplicative grants (A) In general Before the Attorney General awards a grant to an applicant under this Act, the Attorney General shall compare potential grant awards with other grants awarded under this Act to determine whether duplicate grants are awarded for the same purpose. (B) Report If the Attorney General awards duplicate grants to the same applicant for the same purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— (i) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and (ii) the reason the Attorney General awarded the duplicate grants.	Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022
Housing Survivors of Major Disasters Act of 2022 This bill makes certain individuals and households eligible for housing assistance in connection with a major disaster, including Hurricane Maria of 2017. To be eligible, an individual or household must be (1) residing on or otherwise occupying property located in the area for which the major disaster was declared but does not have documented ownership rights to and is not renting such property; or (2) residing in or occupying, or have resided in, an area for which the major disaster was declared during the designated incident period, including individuals experiencing homelessness. The Federal Emergency Management Agency (FEMA) must consider alternative forms of proof to determine the eligibility of an individual or household for assistance. In the case of an individual or household that does not have documented ownership rights in the predisaster primary residence, FEMA must consider evidence of constructive ownership. FEMA shall create and distribute a declarative form statement that applicants for assistance can use to self-certify eligibility for assistance and shall make the statement available in specified languages at all active Disaster Recovery Centers and on its website and social media. FEMA shall conduct an analysis comparing the costs, benefits, and effectiveness of assistance provided under the Disaster Housing Assistance Program with other temporary housing options provided by FEMA. FEMA and the Department of Housing and Urban Development must consult regarding the implementation of a disaster housing assistance program or similar joint program.	117 S5035 IS: Housing Survivors of Major Disasters Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5035 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Warren Mr. Blumenthal Mr. Markey Mr. Durbin Ms. Klobuchar Mrs. Gillibrand Mr. Van Hollen Mr. Sanders Mr. Menendez Mr. Kaine Mr. Bennet Mr. Merkley Mr. Booker Mr. Padilla Mr. Warnock Committee on Homeland Security and Governmental Affairs A BILL To make available necessary disaster assistance for families affected by major disasters, and for other purposes. 1. Short title This Act may be cited as the Housing Survivors of Major Disasters Act of 2022 2. Definitions In this Act: (1) FEMA The term FEMA (2) Administrator The term Administrator 3. Eligibility for and use of disaster assistance (a) Financial assistance Notwithstanding any other provision of law, individuals and households described in subsection (c) may be eligible for assistance made available under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 42 U.S.C. 5170 (b) Use of funds Any assistance provided pursuant to subsection (a) may include costs relating to obtaining title for a property described in subsection (c)(1), including the cost of land surveys and any other taxes or fees associated with obtaining the title for such property. (c) Eligible individuals or households With respect to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (1) is residing on a property located in the area for which the major disaster was declared but does not have documented ownership rights to such property and is not renting such property; or (2) is or was residing in, or otherwise permanently or temporarily occupying, an area for which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (d) Evidence (1) Consideration In the case of an individual or household that does not have documented ownership rights in the predisaster primary residence of the individual or household, in making a determination to provide assistance pursuant to paragraphs (2) and (3) of section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(c) (2) Forms of evidence In determining whether an individual or household has constructive ownership for the purpose of paragraph (1), the Administrator shall consider a wide range of evidence, including the following: (A) A utility (including gas, electric, sewer, or water) bill with the name and address of the individual. (B) A merchant’s statement (including a credit card, delivery notice, or first class mail) with the name and address of the individual. (C) A pay stub from an employer with the name and address of the individual. (D) A current driver’s license or State-issued identification card of the individual. (E) The deed or title for the applicable property. (F) A mortgage payment booklet or another mortgage document. (G) Property title of mobile home certificate of title. (H) A real estate property tax receipt. (I) A school registration containing the address of self, child, or children. (J) A will and testament with the name and address of the individual. (K) In a State that does not require a will and testament for the transfer of immovable property, a death certificate and birth certificate that establishes an automatic transfer of legal ownership. (L) Medical records that list the name and address of the individual. (M) A charitable donation receipt that lists the name and address of the individual. (N) Any other documentation, certification, identification, or proof of occupancy or ownership not included on this list that can reasonably link the individual requesting assistance to the applicable property. (e) Applicability This section shall apply to funds appropriated on or after the date of enactment of this Act. 4. Declarative statement (a) Development of declarative statement (1) In general Not later than 30 days after the date of enactment of this Act, the Administrator shall create, in coordination with the appropriate authorities of the applicable jurisdiction, and distribute, where necessary, a declarative statement form that an applicant for assistance provided pursuant to section 3 may use to self-certify such applicant’s eligibility for assistance pursuant to this Act. (2) Prohibition of notarization The Administrator may not require the declarative statement form created under paragraph (1) to require notarization by the applicant. (b) Exemptions A declarative statement form created under subsection (a)(1) shall be exempt from publication notice, public comment periods, and agency information collection review and approval by the Office of Management and Budget required by the Paperwork Reduction Act ( 44 U.S.C. 3501 et seq. (c) Guidance Not later than 30 days after the date of enactment of this Act, the Administrator shall provide written notification and guidance to employees of FEMA regarding the requirements of this Act. (d) Publication Not later than 30 days after the date of enactment of this Act, the Administrator shall— (1) make the declarative statement form created under subsection (a)(1) available in Spanish and English at all active Disaster Recovery Centers; and (2) publish in English, Spanish, and any other locally predominant languages on the website of FEMA and on social media the declarative statement form and instructions on how applicants can reopen or seek further appeal of relevant determinations. (e) Past disasters For applicants of assistance provided pursuant to section 3 since January 1, 2017, the Administrator shall provide an applicant not fewer than 180 days to submit the declarative statement form to reopen or appeal a case after such applicant has received notice of the right to do so. 5. Repair and rebuilding Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 (1) in subsection (b)(1)— (A) by striking rendered uninhabitable damaged by a major disaster (B) by striking uninhabitable, as a result of damage caused by a major disaster damaged by a major disaster (2) in subsection (c)— (A) in paragraph (2)(A)(i) by striking to a safe and sanitary living or functioning condition to ensure that such residences are habitable during longer term recovery (including through coordination with other sources for repair and rebuilding of such residences) (B) in paragraph (4) by striking in cases in which if the President determines such assistance is a cost effective alternative to other housing solutions, including the costs associated with temporary housing provided under this section. 6. FEMA HUD Agreements In the case of any major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 42 U.S.C. 5174	Housing Survivors of Major Disasters Act of 2022
Ending China's Unfair Advantage Act of 2022 This bill prohibits implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer until the agreement is amended to remove China from the list of developing countries.	117 S5037 IS: Ending China's Unfair Advantage Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5037 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Barrasso Mr. Lee Mr. Sullivan Mr. Cruz Mr. Johnson Mr. Scott of South Carolina Mr. Inhofe Mr. Cornyn Committee on Foreign Relations A BILL To prohibit funding for the Montreal Protocol on Substances that Deplete the Ozone Layer until China is no longer defined a developing country. 1. Short title This Act may be cited as the Ending China's Unfair Advantage Act of 2022 2. Prohibition on use of funds for the Montreal Protocol on Substances that Deplete the Ozone Layer until China is no longer defined a developing country (a) In general Notwithstanding any other provision of law, no Federal funds may be obligated or expended to implement the Montreal Protocol until the President certifies to the appropriate congressional committees that the Parties to the Montreal Protocol have amended their Decision I/12E, Clarification of terms and definitions: developing countries, (b) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Montreal Protocol The term Montreal Protocol	Ending China's Unfair Advantage Act of 2022
Green Spaces, Green Vehicles Act of 2021 This bill directs the Department of Energy (DOE), the Forest Service, and the National Park Service (NPS) to collaborate on a Green Spaces, Green Vehicles Initiative to facilitate the installation and use of zero-emissions vehicle infrastructure, including on land that is not National Forest System land or NPS land. The agencies shall facilitate such installation and use, including by acquiring zero-emissions vehicles for the fleets of the Forest Service and the NPS. For purposes of determining whether the acquisition of alternative fueled vehicles is practical for the fleet of the Forest Service or the NPS, DOE shall take into account the availability on National Forest System land or NPS land, as applicable, of zero-emissions vehicle infrastructure.	117 S504 IS: Green Spaces, Green Vehicles Act of 2021 U.S. Senate 2021-03-01 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. II 117th CONGRESS 1st Session S. 504 IN THE SENATE OF THE UNITED STATES March 1, 2021 Ms. Cortez Masto Ms. Smith Ms. Stabenow Mr. Merkley Ms. Rosen Ms. Hirono Mr. Heinrich Mr. Wyden Committee on Energy and Natural Resources A BILL To establish the Green Spaces, Green Vehicles Initiative to facilitate the installation of zero-emissions vehicle infrastructure on National Forest System land, National Park System land, and certain related land, and for other purposes. 1. Short title This Act may be cited as the Green Spaces, Green Vehicles Act of 2021 2. Definitions In this Act: (1) Appropriate agency head The term appropriate agency head (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land; and (B) the Secretary of the Interior, acting through the Director of the National Park Service, with respect to National Park System land. (2) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Natural Resources of the House of Representatives; (C) the Committee on Appropriations of the House of Representatives; (D) the Committee on Energy and Natural Resources of the Senate; and (E) the Committee on Appropriations of the Senate. (3) Covered land The term covered land (A) National Forest System land; (B) National Park System land; and (C) any land, including land owned by a unit of local government or Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (i) that is located not more than 25 miles from land described in subparagraph (A) or (B); and (ii) with respect to which the Secretary or an appropriate agency head has entered into an agreement with the owner of the land for the installation of zero-emissions vehicle infrastructure on the land, after making a determination that the infrastructure to be installed under the agreement is related to providing zero-emissions vehicles with access to land described in subparagraph (A) or (B). (4) Secretary The term Secretary (5) Zero-emissions vehicle infrastructure The term zero-emissions vehicle infrastructure (6) Zero-emissions vehicle The term zero-emissions vehicle (A) a zero-emission vehicle (as defined in section 88.102–94 of title 40, Code of Federal Regulations (or successor regulations)); or (B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions. 3. Establishment of Green Spaces, Green Vehicles Initiative (a) Establishment The Secretary and the appropriate agency heads shall collaborate on an initiative, to be known as the Green Spaces, Green Vehicles Initiative (b) Duties The Secretary and the appropriate agency heads shall facilitate the installation and use of zero-emissions vehicle infrastructure on covered land— (1) by entering into agreements with public, private, or nonprofit entities for the acquisition, installation, and operation, including use-fee processing and collection, on covered land of publicly accessible zero-emissions vehicle infrastructure that is directly related to the charging or fueling of a vehicle in accordance with this section; (2) by acquiring, in coordination with the Administrator of General Services, zero-emissions vehicles, including shuttle vehicles, for the fleets of the Forest Service and the National Park Service; (3) by providing information to the public, including by publishing a map on any relevant agency website, regarding the availability of existing and planned zero-emissions vehicle infrastructure on covered land; and (4) by allowing for the use of charging infrastructure by employees of the Forest Service and the National Park Service to charge vehicles used by the employees in commuting to or from work. (c) Requirement In carrying out this section, the Secretary and the appropriate agency heads shall ensure that the installation and use of zero-emissions vehicle infrastructure on covered land— (1) is consistent with— (A) all rules established for the covered land on which the zero-emissions vehicle infrastructure is installed; (B) any applicable general management plan prepared under section 100502 of title 54, United States Code, for that covered land; (C) any applicable land and resource management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (D) any other organizing or other document relating to the management of that covered land; and (2) complies with all applicable laws relating to the management of the covered land. (d) Considerations In determining the location for zero-emissions vehicle infrastructure acquired and installed on covered land under subsection (b), the Secretary and the appropriate agency heads shall consider whether a proposed location would— (1) support the use of zero-emissions vehicles by Federal fleets and visitors to Federal facilities; (2) complement, to the extent feasible, alternative fueling corridor networks established under section 151 of title 23, United States Code; (3) meet current or anticipated market demands for charging or fueling infrastructure; and (4) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance. (e) Location of infrastructure Any zero-emissions vehicle infrastructure acquired, installed, or operated under subsection (b) shall be located on covered land. (f) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $72,000,000 for each fiscal year. (2) Limitations on use of funds (A) Federal fleets Not more than 20 percent of any funds appropriated to carry out this section may be used to acquire zero-emissions vehicles under subsection (b)(2). (B) Urbanized areas Not more than 30 percent of any funds appropriated to carry out this section may be used to acquire, install, or operate zero-emissions vehicle infrastructure in an urbanized area (as designated by the Bureau of the Census). (C) Administrative costs Not more than 2 percent of any funds appropriated to carry out this section may be used for administrative costs. 4. Agreements for shuttle or other transportation services on National Forest System land and National Park System land In entering into an agreement with an entity to provide shuttle or other transportation services on or to covered land, an appropriate agency head shall give priority consideration to an entity that would provide the applicable services using zero-emissions vehicles. 5. Alternative fuel use by light duty Federal vehicles Section 400AA(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6374(a) (5) For purposes of making a determination under paragraph (1) as to whether the acquisition of alternative fueled vehicles is practicable for the fleet of the Forest Service or the National Park Service, the Secretary, in cooperation with the Secretary of Agriculture or the Secretary of the Interior, as applicable, shall take into account the availability on National Forest System land or National Park System land, as applicable, of zero-emissions vehicle infrastructure (as defined in section 2 of the Green Spaces, Green Vehicles Act of 2021 Green Spaces, Green Vehicles Act of 2021 (6) (A) Notwithstanding any other provision of law, the Secretary, in cooperation with the Secretary of Agriculture or the Secretary of the Interior, as applicable, shall develop a strategy to, by 2030, increase the number of zero-emissions vehicles (as defined in section 2 of the Green Spaces, Green Vehicles Act of 2021 (i) a number that is equal to 125 percent of the number of zero-emissions vehicles in the fleet and shuttle operations of each agency on the date of enactment of this paragraph; and (ii) a number that is equal to 25 percent of all vehicles in the fleet and shuttle operations of each agency. (B) The strategy developed under subparagraph (A) shall be updated not less frequently than once every 2 years. . 6. Report Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Secretary and the appropriate agency heads shall submit to the appropriate committees of Congress a report that describes— (1) the location of— (A) any zero-emissions vehicle infrastructure acquired, installed, or operated, or planned to be acquired, installed, or operated, under section 3(b)(1); and (B) any zero-emissions vehicles acquired for the fleet of the Forest Service or the National Park Service under section 3(b)(2); (2) the amount of Federal funds expended to carry out each duty under section 3(b); (3) any allocation of costs or benefits between the Federal Government and private or nonprofit entities under an agreement entered into by the Secretary or the appropriate agency heads under section 3(b)(1); (4) the justifications for the expenditure of funds to carry out section 3 during the period covered by the report, including, with respect to any zero-emissions vehicle infrastructure installed during the period covered by the report, an analysis of each of the considerations under section 3(d); (5) if applicable, any challenges in acquiring the necessary workforce to install, operate, or maintain— (A) any zero-emissions vehicle infrastructure acquired, installed, or operated, or planned to be acquired, installed, or operated, under section 3(b)(1); and (B) any zero-emissions vehicles acquired for the fleet of the Forest Service or the National Park Service under section 3(b)(2); (6) with respect to each agreement for shuttle or other transportation services on or to covered land entered into by an appropriate agency head during the period covered by the report, how the appropriate agency head complied with the requirements of section 4; (7) the strategy developed under paragraph (6)(A) of section 400AA(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6374(a) (8) any recommendations of the Secretary with respect to any additional funding or authority needed to carry out paragraph (6) of section 400AA(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6374(a)	Green Spaces, Green Vehicles Act of 2021
Safer Supervision Act of 2022 This bill modifies provisions relating to the terms of supervised release after imprisonment, including by (1) requiring individualized assessments and written explanations by the court as to whether supervised release is appropriate, and (2) providing a presumption of early termination of supervised release if the individual has served half of the term and meets certain other criteria.	117 S5040 IS: Safer Supervision Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5040 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Coons Mr. Cornyn Mr. Durbin Mr. Lee Mr. Booker Mr. Blunt Mr. Cramer Mr. Wicker Committee on the Judiciary A BILL To amend title 18, United States Code, to provide appropriate standards for the inclusion of a term of supervised release after imprisonment, and for other purposes. 1. Short title This Act may be cited as the Safer Supervision Act of 2022 2. Findings Congress finds the following: (1) Over 110,000 people were on Federal supervised release as of June 2021. (2) The Supreme Court of the United States explained in Johnson v. United States that Supervised release departed from the parole system it replaced by giving district courts the freedom to provide postrelease supervision for those, and only those, who needed it. … Congress aimed, then, to use the district courts’ discretionary judgment to allocate supervision to those releasees who needed it most. (3) Federal probation officers report significant caseloads that can exceed 100 cases per officer. This can create a difficult burden for the officers and limit their ability to provide appropriate supervision to those who need it. (4) The potential for early termination or other modifications of supervision, when consistent with public safety, can not only reduce burdens and save valuable judicial resources, but also create positive incentives for compliance and rehabilitation consistent with the purposes of supervision. In the 12-month period ending in June 2021, early terminations were 23 percent of successful supervised release closures. (5) The Administrative Office of the United States Courts has explained that excessive correctional intervention for low-risk defendants may increase the probability of recidivism by disrupting prosocial activities and exposing defendants to antisocial associates. (6) Supervised release is and should remain an important tool for the Federal courts to use, as appropriate, to, among other items, protect the public from further crimes, deter future criminal conduct, and help the defendant become a contributing member of society by recovering from substance use disorder, participating in rehabilitation and training programs, and providing restitution to victims, among other outcomes. (7) Better tailoring when and how supervised release is imposed, encouraging early termination when appropriate, and expanding judicial discretion on certain revocations will reduce burdens on law enforcement officers and taxpayers, encourage compliance and improve public safety, and better assist defendants in their pursuit of rehabilitation and reintegration, to the benefit of themselves, victims, and communities. 3. Inclusion of a term of supervised release after imprisonment Section 3583 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking The court (1) In general The court ; and (B) by adding at the end the following: (2) Individualized assessment When determining whether to include a term of supervised release as part of the sentence, and except to the extent that a term of supervised release is required by statute as described in paragraph (1), the court shall— (A) make an individualized assessment under the factors set forth in subsections (c) and (d) as to— (i) whether such a term is appropriate; and (ii) the appropriate length and conditions of such a term; and (B) provide the reasons of the court for imposing or not imposing such a term on the record. ; (2) in subsection (d), in the fifth sentence, by striking shall also may also (3) in subsection (e)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (B) by striking The court may, (1) In general Subject to paragraph (2), the court may, ; (C) in subparagraph (A), as so redesignated, by striking after the expiration of one year of supervised release (D) in subparagraph (C), as so redesignated, by striking this paragraph this subparagraph (E) in subparagraph (D), as so redesignated, by striking this paragraph this subparagraph (F) by adding at the end the following: (2) Termination of supervised release For purposes of the termination of supervised release under paragraph (1)(A)— (A) after a defendant has served 50 percent of the term of supervised release imposed on the defendant, the Administrative Office of the United States Courts shall provide notice to a defendant, defendant’s counsel, and any local Federal Public Defender Organization or Community Defender Organization of the opportunity to seek early termination of supervised release under paragraph (1)(A) and the process for doing so; (B) there shall be a presumption of early termination of supervised release for a defendant under supervision if— (i) (I) for a defendant serving a term of supervised release imposed in connection with a conviction for an offense described in subsection (a) of section 16, the defendant has served 66.6 percent of the term of supervised release imposed on the defendant; or (II) for a defendant other than a defendant described in subclause (I), the defendant has served 50 percent of the term of supervised release imposed on the defendant; (ii) the defendant has demonstrated good conduct and compliance while on supervised release; and (iii) the early termination will not jeopardize public safety; (C) the Government shall have an opportunity to object to a request for termination of supervised release and to present evidence, which the defendant shall have the opportunity to rebut, in any proceeding relating to such request; and (D) crime victims’ rights under section 3771 shall apply to any proceeding relating to a request for early termination of supervised release. (3) Public safety In assessing whether early termination will not jeopardize public safety under this subsection, the court shall consider the nature of the offense committed by the defendant, the defendant’s criminal history, the defendant’s record while incarcerated (including good behavior and violations of prison rules), the defendant’s efforts to reintegrate into the community and to avoid recidivism, any statements or information provided by victims of the offense, and other factors the court may find relevant to public safety. (4) Assistance of counsel The court may appoint a Federal public defender, a community defender, or other counsel qualified to be appointed under section 3006A to assist a defendant seeking early termination of supervised release under paragraph (1)(A) or modification of conditions under paragraph (1)(B). (5) Rule of construction Paragraph (2)(B) shall not be construed to limit the discretion of a court under paragraph (1). ; (4) in subsection (g)— (A) in the subsection heading, by striking possession of controlled substance or firearm or for refusal to comply with drug testing distribution of a controlled substance or possession of a firearm (B) by amending paragraph (1) to read as follows: (1) (A) possesses a controlled substance with the intent to distribute; or (B) possesses a controlled substance, the possession of which may be punished by imprisonment for a term exceeding 1 year; ; (C) in paragraph (2), by inserting or (D) by amending paragraph (3) to read as follows: (3) willfully refuses to comply with drug testing imposed as a condition of supervised release; ; (E) by striking paragraph (4); and (F) in the matter following paragraph (4), by striking subsection (e)(3) subsection (e)(1)(C) (5) in subsection (k), in the second sentence, by striking subsection (e)(3) subsection (e)(1)(C) 4. Law enforcement availability pay for probation and pretrial services officers Not later than 180 days after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts, in consultation with the Director of the Office of Personnel Management, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing a legislative proposal, and considerations for implementation of the proposal, that would provide law enforcement availability pay to Federal probation officers and pre-trial services officers that is equal to that provided to criminal investigators under section 5545a of title 5, United States Code. 5. GAO report (a) Initiation of study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study on Federal post-release supervision and reentry services. (b) Report The Comptroller General of the United States shall submit to Congress a report regarding the study under subsection (a), which shall include findings and potential recommendations related to— (1) the number of individuals that have been placed on Federal probation or supervised release since 2019; (2) the process for transitioning an individual from the custody of the Bureau of Prisons to the Office of Probation and Pretrial Services or the custody of the United States Marshals Service; (3) a review of Federal programs or funding sources that aim to assist individuals from the custody of the Bureau of Prisons with reentry, including— (A) ongoing mental health and substance use counseling, housing, medical care, education, and job placement; and (B) any changes in such programs or funding since 2019; and (4) a workforce assessment of judicial districts, including an analysis of— (A) during 2020 and 2021, the number of officers, officer caseloads, and overtime hours worked, reported, or accrued; and (B) the system for tracking overtime hours worked by officers of the Office of Probation and Pretrial Services.	Safer Supervision Act of 2022
Training Psychiatrists for the Future Act This bill provides for additional psychiatry residency positions for purposes of graduate medical education payments under Medicare.	117 S5041 IS: Training Psychiatrists for the Future Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5041 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Stabenow Mr. Daines Mr. Menendez Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. 1. Short title This Act may be cited as the Training Psychiatrists for the Future Act 2. Distribution of additional residency positions in psychiatry and psychiatry subspecialties (a) In general Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) (1) in paragraph (4)(F)(i), by striking and (9) (9), and (10) (2) in paragraph (4)(H)(i), by striking and (9) (9), and (10) (3) by adding at the end the following new paragraph: (10) Distribution of additional residency positions in psychiatry and psychiatry subspecialties (A) Additional residency positions (i) In general For fiscal year 2025, and for each succeeding fiscal year until the aggregate number of full-time equivalent residency positions distributed under this paragraph is equal to the aggregate number of such positions made available (as specified in clause (ii)(I)), the Secretary shall, subject to the succeeding provisions of this paragraph, increase the otherwise applicable resident limit for each qualifying hospital (as defined in subparagraph (F)) that submits a timely application under this subparagraph by such number as the Secretary may approve effective beginning July 1 of the fiscal year of the increase. (ii) Number available for distribution (I) Total number available The aggregate number of such positions made available under this paragraph shall be equal to 400. (II) Annual limit The aggregate number of such positions so made available shall not exceed 200 for a fiscal year. (iii) Distribution for psychiatry or psychiatry subspecialty residencies Each of the positions made available under this paragraph shall be in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)). (iv) Process for distributing positions (I) Rounds of applications The Secretary shall initiate a separate round of applications for an increase under clause (i) for each fiscal year for which such an increase is to be provided. (II) Timing The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. Such increase shall be effective beginning July 1 of such fiscal year. (B) Distribution For purposes of providing an increase in the otherwise applicable resident limit under subparagraph (A), the following shall apply: (i) Considerations in distribution In determining for which qualifying hospitals such an increase is provided under subparagraph (A), the Secretary shall take into account the demonstrated likelihood of the hospital filling the positions made available under this paragraph within the first 5 training years beginning after the date the increase would be effective, as determined by the Secretary. (ii) Distribution for certain categories of hospitals With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute such aggregate number to the following categories of hospitals: (I) To hospitals that are located in a rural area (as defined in section 1886(d)(2)(D)) or are treated as being located in a rural area pursuant to section 1886(d)(8)(E). (II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. (III) To hospitals in States with— (aa) new medical schools that received Candidate School Pre-Accreditation Full Accreditation Accreditation (bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with Full Accreditation Accreditation (IV) To hospitals that serve areas designated as health professional shortage areas under section 332(a)(1)(A) of the Public Health Service Act, as determined by the Secretary. (V) To hospitals located in States with less than 27 residents per 100,000 people. (C) Requirements (i) In general Subject to clause (ii), a hospital that receives an increase in the otherwise applicable resident limit under this paragraph shall ensure, during the 5-year period beginning on the date of such increase, that— (I) the number of full-time equivalent residents in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)), excluding any additional positions attributable to an increase under this paragraph, is not less than the average number of full-time equivalent residents in such a residency during the 3 most recent cost reporting periods ending prior to the date of enactment of this paragraph; and (II) all of the positions attributable to such increase are in a psychiatry or psychiatry subspecialty residency (as determined by the Secretary). The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. (ii) Redistribution of positions if hospital no longer meets certain requirements In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall— (I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and (II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. (iii) Limitation A hospital may not receive more than 10 additional full-time equivalent residency positions under this paragraph. (iv) Prohibition on distribution to hospitals without an increase agreement No increase in the otherwise applicable resident limit of a hospital may be made under this paragraph unless such hospital agrees to increase the total number of full-time equivalent residency positions under the approved medical residency training program of such hospital by the number of such positions made available by such increase under this paragraph. (D) Application of per resident amounts for nonprimary care With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for nonprimary care computed under paragraph (2)(D) for that hospital. (E) Permitting facilities to apply aggregation rules The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (F) Definitions In this paragraph: (i) Otherwise applicable resident limit The term otherwise applicable resident limit (ii) Psychiatry or psychiatry subspecialty residency The term psychiatry or psychiatry subspecialty residency (iii) Qualifying hospital The term qualifying hospital (iv) Reference resident level The term reference resident level (v) Resident level The term resident level . (b) IME Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) (1) in clause (v), in the third sentence, by striking and (h)(9) (h)(9), and (h)(10) (2) by moving clause (xii) 4 ems to the left; and (3) by adding at the end the following new clause: (xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions. . (c) Prohibition on judicial review Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww—4(h)(7)(E)) is amended by inserting paragraph (10), paragraph (8),	Training Psychiatrists for the Future Act
More Behavioral Health Providers Act This bill provides for additional Medicare payments to health care practitioners who provide services in mental health professional shortage areas for individual with mental health or substance use disorders. The bill applies to physicians, physician assistants, nurse practitioners, clinical nurse specialists, clinical social workers, clinical psychologists, marriage and family therapists, and mental health counselors.	117 S5042 IS: More Behavioral Health Providers Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5042 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Stabenow Mr. Daines Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand eligibility for incentives under the Medicare health professional shortage area bonus program to practitioners furnishing mental health and substance use disorder services. 1. Short title This Act may be cited as the More Behavioral Health Providers Act 2. Expanding eligibility for incentives under the Medicare health professional shortage area bonus program to practitioners furnishing mental health and substance use disorder services Section 1833(m) of the Social Security Act ( 42 U.S.C. 1395l(m) (1) by striking paragraph (1) and inserting the following new paragraph: (1) In the case of— (A) physicians' services (other than specified health services that are eligible for the additional payment under subparagraph (B)) furnished in a year to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the physician (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part; and (B) specified health services (as defined in paragraph (5)) furnished in a year to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under such section 332(a)(1)(A)) as a mental health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the physician or applicable practitioner (as defined in paragraph (6)) (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from such Trust Fund an amount equal to 15 percent of the payment amount for the service under this part. ; (2) in paragraph (2)— (A) by striking in paragraph (1) in subparagraph (A) or (B) of paragraph (1) (B) by inserting or, in the case of specified health services, the physician or applicable practitioner physician (3) in paragraph (3), by striking in paragraph (1) in subparagraph (A) or (B) of paragraph (1) (4) in paragraph (4)— (A) in subparagraph (B), by inserting or applicable practitioner physician (B) in subparagraph (C), by inserting or applicable practitioner physician (5) by adding at the end the following new paragraph: (5) In this subsection, the term specified health services (A) for purposes of diagnosis, evaluation, or treatment of a mental health disorder, as determined by the Secretary; or (B) with a substance use disorder diagnosis for purposes of treatment of such disorder or co-occurring mental health disorder, as determined by the Secretary. (6) In this subsection, the term applicable practitioner (A) A physician assistant, nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)). (B) A clinical social worker (as defined in section 1861(hh)(1)). (C) A clinical psychologist (as defined by the Secretary for purposes of section 1861(ii)). (D) A marriage and family therapist (as defined in section 1861(lll)(2)). (E) A mental health counselor (as defined in section 1861(lll)(4)). .	More Behavioral Health Providers Act
Expand the Behavioral Health Workforce Now Act This bill requires the Centers for Medicare & Medicaid Services to issue guidance for states on ways to increase education, training, recruitment, and retention of mental health and substance use disorder providers under Medicaid and the Children's Health Insurance Program (CHIP), particularly in rural and underserved areas.	117 S5043 IS: Expand the Behavioral Health Workforce Now Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5043 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Stabenow Mr. Daines Committee on Finance A BILL To require the Secretary of Health and Human Services to issue guidance to States on strategies under Medicaid and CHIP to increase mental health and substance use disorder care provider education, training, recruitment, and retention. 1. Short title This Act may be cited as the Expand the Behavioral Health Workforce Now Act 2. Guidance to States on strategies under Medicaid and CHIP to increase mental health and substance use disorder care provider education, training, recruitment, and retention Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States on strategies under Medicaid and CHIP to increase education, training, recruitment, and retention of mental health and substance use disorder care providers that participate in Medicaid or CHIP, with a focus on improving the capacity of the mental health and substance use disorder care workforce in rural and underserved areas. Such guidance shall include, and not be limited to, strategies on how States may utilize waivers under section 1115 of the Social Security Act ( 42 U.S.C. 1315 42 U.S.C. 1396 et seq.	Expand the Behavioral Health Workforce Now Act
Federal Contracting Fairness Act of 2022 This bill makes various revisions to the Small Business Administration 8(a) Business Development program, which assists small businesses owned by socially and economically disadvantaged individuals participate in federal contracting. For example, the bill (1) allows participants to opt in to a ramp-up period if they meet certain requirements, and (2) increases the threshold for certain sole-source loans.	117 S5044 IS: Federal Contracting Fairness Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5044 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Cardin Ms. Duckworth Committee on Small Business and Entrepreneurship A BILL To improve the Federal contracting programs of the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the Federal Contracting Fairness Act of 2022 2. Findings Congress finds the following: (1) There remain disparities in education, employment, and business history, which includes unequal contracting opportunities, unequal access to credit or capital, and acquisition of credit or capital under commercially unfavorable circumstances, between individuals defined as socially and economically disadvantaged under the Small Business Act ( 15 U.S.C. 631 et seq. (2) The following statistics reiterate the disparities described in paragraph (1): (A) Of the 16,300,000 students enrolled in 4-year undergraduate university in the fall of 2016, 9,100,000 were White, 3,200,000 were Hispanic, 2,200,000 were Black, and 1,100,000 million were Asian. In 2018, 41 percent of all 18- to 24-year-olds were enrolled in college. However, 37 percent of Black 18- to 24-year-olds and 26 percent of Hispanic 18- to 24-year-olds were enrolled in college. Additionally, in 2019, 29 percent of Black adults had a bachelor's degree or higher, 21 percent of Latino or Hispanic adults had a bachelor's degree or higher, and 22 percent of Pacific Islander adults had a bachelor's degree or higher, as compared to 45 percent of White adults. (B) In 2020, 24 percent of Black employees and 24 percent of Hispanic employees report having been discriminated against at work, compared to 15 percent of White employees reporting discrimination at work. In the first quarter of 2022, the unemployment rate in the United States among White workers was 3.6 percent compared to 6.8 percent among Black workers and 4.9 percent among Hispanic workers. (C) With regards to contracting, in 2021, 2.78 percent of Federal contracts were awarded to Asian-owned small businesses, 1.67 percent went to Black-owned small businesses, 1.78 percent went to Hispanic-owned small businesses, and 2.69 percent went to Native American-owned small businesses compared to 15.64 percent of Federal contracts awarded to White-owned small businesses. In total, 9.4 percent of contracting dollars went to minority-owned businesses when 19 percent of United States employer businesses are minority-owned. (D) In terms of access to capital, in 2021, 15 percent of Asian-owned small businesses received all the financing they sought, 16 percent of Black-owned small businesses received all the non-emergency financing they sought, and 19 percent of Hispanic-owned small businesses received all the non-emergency financing they sought, as compared to 35 percent of White-owned small businesses. (3) Given these disparities, the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) 3. Definitions In this Act: (1) Administration; Administrator The terms Administration Administrator (2) Qualified HUBZone small business concern; small business concern; small business concern owned and controlled by service-disabled veterans; small business concern owned and controlled by women The terms qualified HUBZone small business concern small business concern small business concern owned and controlled by service-disabled veterans small business concern owned and controlled by women 15 U.S.C. 632 4. Duration of participation; ramp-up period; transition period (a) Extension of program participation period Section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) (1) in the matter preceding subparagraph (A), by striking nine years 10 years (2) in subparagraph (A), by striking four years 5 years (3) in subparagraph (B), by striking five years 5 years (b) Ramp-Up period (1) Definition In this subsection, the term covered small business concern (A) is in the first 3 years as a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (B) is an individually owned entity; and (C) has not been awarded a contract under such section 8(a), excluding contracts that meet the simplified acquisition threshold described in section 134 of title 41, United States Code. (2) Election (A) In general Subject to subparagraph (B), a covered small business concern may elect at the time of certification to begin the 10-year program participation period under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) (i) the date on which the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (ii) 3 years after the date on which the covered small business concern was certified to participate in the program established under such section 8(a). (B) Limitation Notwithstanding subparagraph (A), the program participation period for a covered small business concern under section 7(j)(15) shall not exceed 13 years. (3) Training (A) In general Except as provided in subparagraph (B), if a covered small business concern makes an election under paragraph (2), the covered small business concern shall— (i) participate in 12 hours per year of marketing, business development training, and engagement to show intent in building capacity to participate in the Federal contracting market, which shall be satisfied through training provided by the Administration, the Minority Business Development Agency, resource partners of the Administration, Procurement Technical Assistance Centers, or national organizations with expertise in Federal contracting or that provide contracting certifications; and (ii) log the progress of the covered small business concern on the training carried out under subparagraph (A) in the annual review submitted by the covered small business concern. (B) Exception (i) In general The requirements under subparagraph (A)(i) shall be waived for a covered small business concern if, before reaching 36 hours of training under subparagraph (A)(i), the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (ii) Requirement to log Notwithstanding clause (i), a covered small business concern that receives a waiver under clause (i) is required to log the training in which the small business concern participates under subparagraph (A) in accordance with clause (ii) of such subparagraph. (c) Transition period (1) Definitions In this subsection— (A) the term covered small business concern 15 U.S.C. 637(a) (B) the term economically disadvantaged individual 15 U.S.C. 637(a)(6)(A) (2) Increased amounts The Administrator may permit the owner of a covered small business concern to have an adjusted gross income and personal net worth that is not more than 3 times higher than the amount allowed for the covered small business program under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (A) an investment in the covered small business concern to continue to compete in the Federal contracting market, such as investment in company infrastructure; (B) a plan for how the covered small business concern is being prepared to compete for Federal contracts after exiting the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (C) any other metrics as determined by the Administrator. 5. Administrative requirements for 8(a) firms Not later than 90 days after the date of enactment of this Act, the Administrator shall issue or revise regulations to— (1) make the review process for small business concerns already certified under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (A) providing that, with respect to such an annual review, each such small business concern— (i) shall submit to the Administrator a new business plan, including a contract forecast, a transitional management plan, and an annual performance of contracts, and a business capture strategy approach only if the plan or approach, as applicable, has changed, as compared with the previous year; and (ii) may indicate to the Administrator that there has been no change to the business plan or business capture strategy approach described in clause (i) during the previous year; and (B) making such other reductions in the number of forms and documents submitted by each such small business concern that the Administrator determines necessary, while still ensuring that each such small business concern maintains good standing with respect to the program carried out under such section 8(a); (2) determine a new process for how the Administrator processes the annual review of each such small business concern that, at a minimum, requires the Administrator to conduct a review, which shall be expedited, of the small business concern when the small business concern is awarded a contract under such section 8(a); and (3) coordinate with the General Services Administration to streamline the Past Performance Questionnaire form for small business concerns and Federal agencies participating in the programs established under sections 8(a), 8(m), 31, and 36 of the Small Business Act ( 15 U.S.C. 637(a) 6. SBA representation on the Federal Acquisition Regulation Council Section 1302(b) of title 41, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following: (E) the Administrator of the Small Business Administration. ; and (2) in paragraph (2)(A), by striking subparagraphs (B) to (D) subparagraphs (B) through (E) 7. Office of Small and Disadvantaged Business Utilization; Director Section 15(k)(3) of the Small Business Act ( 15 U.S.C. 644(k)(3) be at a level that is not less senior than the Under Secretary of Defense for Policy or the Under Secretary of Defense for Acquisition and Sustainment, appraisals), 8. Sole source thresholds The Small Business Act ( 15 U.S.C. 631 et seq. (1) in section 8 ( 15 U.S.C. 637 (A) in subsection (a)(1)(D)(i), by striking subclause (II) and inserting the following: (II) the anticipated award price of the contract (including options and options periods) will exceed— (aa) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development, except that such amount shall be $14,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; (bb) $14,000,000 (or $16,000,000, if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45) in the case of a contract opportunity described in item (aa), if the small business concern subcontracts with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (cc) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing, except that such amount shall be $16,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; or (dd) $10,000,000 in the case of any other contract opportunity, except that such amount shall be $12,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45. ; and (B) in subsection (m)— (i) in paragraph (7)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; and (ii) in paragraph (8)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; (2) in section 31(c)(2)(A)(ii) ( 15 U.S.C. 657a(c)(2)(A)(ii) (I) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (II) $14,000,000 in the case of a contract opportunity described in item (aa), if the qualified HUBZone small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (III) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (IV) $10,000,000 in the case of any other contract opportunity; and ; and (3) in section 36(c)(2) ( 15 U.S.C. 657f(c)(2) (A) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (B) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (C) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (D) $10,000,000 in the case of any other contract opportunity; and . 9. Mentor-protege program (a) Removal of restriction on number of mentors (1) In general Section 45(b)(3)(A) of the Small Business Act ( 15 U.S.C. 657r(b)(3)(A) , including any restrictions (2) Regulations The Administrator shall issue regulations to provide that there is no restriction on the number of mentors under section 45 of the Small Business Act ( 15 U.S.C. 657r 15 U.S.C. 637(a) (b) Database The Administrator shall create an online centralized database for mentors and proteges (as defined in section 45 of the Small Business Act ( 15 U.S.C. 657r (c) Streamlined process The Administrator shall issue regulations to streamline the process for applying to the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r 10. Certification process (a) Regulations Not later than 1 year after the date of enactment of this Act, the Administrator shall issue regulations to streamline the certification process for small business concerns seeking to become certified as— (1) a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (2) a small business concern owned and controlled by women; (3) a qualified HUBZone small business concern; or (4) a small business concern owned and controlled by service-disabled veterans. (b) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that outlines how the Administrator plans to streamline the certification process described in subsection (a). 11. Repeal of bonafide office rule Section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) 12. Reports (a) Demographic data Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall— (1) make publicly available on the website of the Administration— (A) disaggregated data on the size and number of contracts in total by the Federal Government and by each Federal agency to small business concerns by demographics, including, at a minimum, the gender, race, and ethnicity categories published by the Administration in the disaggregated Federal contracting data in December 2021, and the size of the small business concern; and (B) data on the number of small business concerns owned and controlled by disabled individuals that are participating in the program established under section 8(a); and (2) with consultation with the Administrator of General Services, include on SAM.gov the ability for small business concerns to report the data described in paragraph (1)(B). (b) Review of size standards Not later than 180 days after the date of enactment of this Act, the Administrator shall conduct a review of and submit to Congress a report on the size standards applicable to participants in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (c) Ability To obtain set-Aside and sole source contracts Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on— (1) the ability of small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (A) small business concerns participating in that program that are not owned by Alaska Native Corporations or Native Hawaiian Organizations; and (B) small business concerns participating in that program that are owned by Alaska Native Corporations or Native Hawaiian Organizations; and (2) the best sole source thresholds to enable small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (d) Changes to 8 (a) Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on a plan to implement the changes to the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) 13. Authorization of appropriations There is authorized to be appropriated to the Administration— (1) for fiscal year 2023 and every fiscal year thereafter— (A) $20,000,000 to increase the number of procurement center representatives under section 15(l) of the Small Business Act ( 15 U.S.C. 644(l) (B) $20,000,000 to increase the number of district office business specialists available under the 8(a) program; (C) $5,000,000 for costs related to certifying small business concerns as small business concerns owned and controlled by women; and (D) $400,000 for costs related to processing applications to participate in the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r (2) for fiscal year 2023, to remain available until expended, $2,500,000 to replace the dynamic small business search database of the Administration.	Federal Contracting Fairness Act of 2022
Fairness for 9/11 Families Act This bill authorizes and provides funding for lump-sum catch-up payments from the United States Victims of State Sponsored Terrorism Fund to 9/11 victims, 9/11 spouses, and 9/11 dependents. The bill also rescinds specified unobligated funds that were provided to the Small Business Administration for the Paycheck Protection Program.	117 S5045 IS: Fairness for 9/11 Families Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5045 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Menendez Mr. Schumer Mr. Blumenthal Mrs. Gillibrand Mr. Booker Mr. Murphy Committee on the Judiciary A BILL To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund. 1. Short title This Act may be cited as the Fairness for 9/11 Families Act 2. Appropriations (a) In general Section 404(d)(4)(C) of the Justice for United States Victims of State Sponsored Terrorism Act ( 34 U.S.C. 20144(d)(4)(C) (iv) Authorization (I) In general The Special Master shall authorize lump sum catch-up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). (II) Appropriations (aa) In general There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. (bb) Limitation Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. . (b) Emergency designation (1) In general The amounts provided under the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (2) Designation in the Senate and the House The amendments made by subsection (a) are designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (c) Rescission Of the unobligated balances of amounts made available under the heading Small Business Administration—Business Loans Program Account, CARES Act 15 U.S.C. 636(a)	Fairness for 9/11 Families Act
Combating Organized Retail Crime Act of 2022 This bill expands federal enforcement of criminal offenses related to organized retail crime. Organized retail crime typically refers to large-scale retail theft and fraud by organized groups of professional shoplifters, or boosters, who make money by stealing merchandise and reselling it for a fraction of the retail cost. First, with respect to criminal offenses involving the transportation of stolen property across state lines and the sale or receipt of stolen goods, the bill broadens the scope of conduct that qualifies as offenses. Additionally, the bill makes the offenses predicate offenses (i.e., underlying offenses) for prosecutions under the federal money laundering statute and authorizes the criminal forfeiture of any property representing or traceable to the gross proceeds obtained as a result of an offense or a conspiracy to commit an offense. Second, with respect to criminal offenses involving theft from an interstate or foreign shipment, the bill makes an offense an underlying offense for prosecution under the federal money laundering statute and authorizes the criminal forfeiture of any property representing or traceable to the gross proceeds obtained as a result of an offense or a conspiracy to commit an offense. Finally, the bill establishes a center—the Organized Retail Crime Coordination Center—within the Department of Homeland Security to coordinate the federal law enforcement activities related to organized retail crime.	117 S5046 IS: Combating Organized Retail Crime Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5046 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Grassley Ms. Cortez Masto Committee on the Judiciary A BILL To combat organized crime involving the illegal acquisition of retail goods for the purpose of selling those illegally obtained goods through physical and online retail marketplaces. 1. Short title This Act may be cited as the Combating Organized Retail Crime Act of 2022 2. Findings It is the sense of Congress that— (1) organized retail crime, a crime involving groups of individuals specifically targeting retail stores, often by using violence or threats of violence to subdue employees and shoppers while robbing stores of their most valuable and easily diverted merchandise, has been a growing concern to retailers, industry, and law enforcement; (2) retailers have seen a dramatic increase in occurrences of organized retail crime, costing retailers approximately $720,000 per every $1,000,000,000 in sales in 2019, representing more than a 50-percent increase in such losses since 2015. Further, according to the National Retail Federation, the use of violence or aggression is increasing in the commission of these crimes, with 2/3 (3) organized retail crime— (A) threatens the safety and liberty of individuals in the United States when those individuals engage in commerce; (B) erodes the retail economy for customers and businesses alike; and (C) finances transnational criminal organizations that use the proceeds of those thefts to support the criminal goals of the criminal organizations; and (4) it has become necessary for Congress— (A) to amend title 18, United States Code, to ensure that law enforcement has the legal tools necessary to combat organized retail crime in the same capacity as law enforcement is able to combat theft and diversion from other portions of the supply chain; and (B) to direct the executive branch to create a central coordination center to align Federal, State, local, territorial, and Tribal efforts to combat organized retail crime. 3. Amendments to title 18, United States Code Part I of title 18, United States Code, is amended— (1) in section 982(a)(5)— (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; (B) by inserting after subparagraph (B) the following: (C) section 659 (interstate or foreign shipments by carrier; State prosecutions); ; (C) in subparagraph (E), as so redesignated, by striking ; or (D) by inserting after subparagraph (F), as so redesignated, the following: (G) section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting); or (H) section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps) ; (2) in section 1956(c)(7)(D)— (A) by inserting section 659 (interstate or foreign shipments by carrier; State prosecutions), section 658 (relating to property mortgaged or pledged to farm credit agencies), (B) by inserting section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting), section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps), section 2281 (relating to violence against maritime fixed platforms), (3) in section 2314, in the first paragraph— (A) by inserting or by using any facility of interstate or foreign commerce, commerce (B) by inserting or of an aggregate value of $5,000 or more during any 12-month period, more, (C) by inserting , embezzled, stolen (D) by inserting , false pretense, or other illegal means fraud (4) in section 2315, in the first paragraph— (A) by inserting or of an aggregate value of $5,000 or more during any 12-month period, $5,000 or more, (B) by striking ; or (C) by inserting , or have been stolen, unlawfully converted, or taken by the use of any facility of interstate or foreign commerce in the commission of said act; or 4. Establishment of a Center to Combat Organized Retail Crime (a) In general Title III of the Trade Facilitation and Trade Enforcement Act of 2015 19 U.S.C. 4341 et seq. 305A. Organized Retail Crime Coordination Center (a) Definitions In this section: (1) Center The term Center (2) Organized retail crime The term organized retail crime (A) any crime described in section 2314 or 2315 of title 18, United States Code; and (B) aiding or abetting the commission of, or conspiring to commit, any act that is in furtherance of a violation of a crime referred to in paragraph (1). (b) Organized Retail Crime Coordination Center (1) Establishment Not later than 90 days after the date of the enactment of the Combating Organized Retail Crime Act of 2022 (2) Duties The duties of the Center shall include— (A) coordinating Federal law enforcement activities related to organized retail crime, including investigations of national and transnational criminal organizations that are engaged in organized retail crime; (B) establishing relationships with State and local law enforcement agencies and organizations, including organized retail crime associations, and sharing information regarding organized retail crime threats with such agencies and organizations; (C) assisting State and local law enforcement agencies with their investigations of organized retail crime groups; (D) establishing relationships with retail companies, sharing information with such companies regarding organized retail crime threats, and providing mechanisms for the receipt of investigative information on such threats; (E) establishing a secure system for sharing information regarding organized retail crime threats by leveraging existing information systems at the Department of Homeland Security and the Department of Justice; (F) tracking trends with respect to organized retail crime and releasing annual public reports on such trends; and (G) supporting the provision of training and technical assistance in accordance with subsection (c). (3) Leadership; staffing (A) Director The Center shall be headed by a Director, who shall be— (i) an experienced law enforcement officer; (ii) appointed by the Director of U.S. Immigration and Customs Enforcement; and (iii) in the Senior Executive Service (as defined in section 3132 of title 5, United States Code). (B) Deputy director The Director of the Center shall be assisted by a Deputy Director, who shall be appointed, on a 2-year rotational basis, upon request from the Executive Associate Director of Homeland Security Investigations, by— (i) the Director of the Federal Bureau of Investigation; (ii) the Director of the United States Secret Service; or (iii) the Chief Postal Inspector. (C) Federal staff The staff of the Center shall include— (i) Special Agents and Analysts from Homeland Security Investigations; (ii) detailed criminal investigators, analysts, and liaisons from other Federal agencies who have responsibilities related to organized retail crime, including detailees from— (I) U.S. Customs and Border Protection; (II) the United States Secret Service; (III) the United States Postal Inspection Service; and (IV) the Bureau of Alcohol, Tobacco, Firearms and Explosives. (D) State and local staff The staff of the Center may include detailees from State and local law enforcement agencies, who shall serve at the Center on a nonreimbursable basis. (4) Coordination (A) In general The Center shall coordinate its activities, as appropriate, with other Federal agencies and centers responsible for countering transnational organized crime threats. (B) Shared resources In establishing the Center, the Executive Associate Director of Homeland Security Investigations may co-locate or otherwise share resources and personnel, including detailees and agency liaisons, with— (i) the National Intellectual Property Rights Coordination Center, established pursuant to section 305(a)(1); or (ii) other existing interagency centers within the Department of Homeland Security. (C) Agreements The Director of the Center, or his or her designee, may enter into agreements with Federal, State, local, and Tribal agencies and private sector entities to facilitate carrying out the duties described in subsection (b)(2). (D) Information sharing Subject to the approval of the Director of the Center, information that would otherwise be subject to the limitation on the disclosure of confidential information set forth in section 1905 of title 18, United States Code, may be shared if such disclosure is operationally necessary. The Director may not delegate his or her authority under this subparagraph. (5) Reporting requirements (A) Initial report (i) In general Not later than 1 year after the date of the enactment of the Combating Organized Retail Crime Act of 2022 (I) the Committee on the Judiciary of the Senate (II) the Committee on Homeland Security and Governmental Affairs of the Senate (III) the Committee on the Judiciary of the House of Representatives (IV) the Committee on Homeland Security of the House of Representatives (ii) Contents The report required under clause (i) should include a description of— (I) the organizational structure of the Center; (II) the agencies and partner organizations that are represented within the Center; (III) any challenges that had to be addressed while establishing the Center; (IV) any lessons learned from establishing the Center, including successful prosecutions resulting from the activities of the Center; (V) recommendations for ways to strengthen the enforcement of laws involving organized retail crime; (VI) recommendations for ways to include organized retail crime within a holistic supply chain security enforcement framework; (VII) the intersections and commonalities between organized retail crime organizations and other organized theft groups, including supply chain diversion and theft; and (VIII) the impact of organized theft groups on the scarcity of vital products, including medicines, personal protective equipment, and infant formula. (B) Annual report Beginning on the date that is 1 year after the submission of the report required under subparagraph (A), the Director shall submit an annual report that describes the activities of the Center during the previous year to the congressional committees listed in subparagraph (A). (c) Training and technical assistance (1) Evaluation Not later than 180 days after the date of the enactment of the Combating Organized Retail Crime Act of 2022 (2) Evaluation scope The evaluation required under paragraph (1) shall evaluate, at a minimum— (A) the Homeland Security Grant Program at the Federal Emergency Management Agency; (B) grant programs at the Office of Justice Programs within the Department of Justice; and (C) relevant training programs at the Federal Law Enforcement Training Center. (3) Report Not later than 45 days after the completion of the evaluation required under paragraph (1), the Secretary of Homeland Security and the Attorney General shall jointly submit a report to the congressional committees listed in subsection (b)(5)(A)(i) that— (A) describes the results of such evaluation; and (B) includes recommendations on ways to expand grants, training, and technical assistance for combating organized retail crime. (4) Enhancing or modifying training and technical assistance Not later than 45 days after submitting the report required in paragraph (3), the Secretary of Homeland Security and the Attorney General shall jointly issue formal guidance to relevant agencies and offices within the Department of Homeland Security and the Department of Justice for modifying or expanding, as appropriate, the prioritization of training and technical assistance designed to counter organized retail crime. . (b) Clerical amendment The table of contents for the Trade Facilitation and Trade Enforcement Act of 2015 Public Law 107–296 Sec. 305A. Organized Retail Crime Coordination Center. .	Combating Organized Retail Crime Act of 2022
Native American Tax Parity and Relief Act of 2022 This bill makes changes to the Internal Revenue Code to treat Indian tribal governments in the same manner as their state counterparts for tax purposes. Among other changes, the bill treats Indian tribes as states for purposes of the issuance of tax-exempt bonds, equalizes the tax treatment of charities funded by Indian tribal governments, enhances the ability of tribal governments to enforce child support orders, expands the special-needs adoption tax credit to apply to adoptions ratified by a tribal court, designates certain Indian areas as difficult development areas for purposes of the low-income housing tax credit, increases the amount of wages and benefits taken into account for purposes of determining the Indian employment tax credit, and creates an annual $175 million New Markets Tax Credit for low-income tribal communities and for projects that serve or employ Tribe members.	117 S5048 IS: Native American Tax Parity and Relief Act of 2022 U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5048 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Cortez Masto Mr. Wyden Mr. Schatz Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes. 1. Short title This Act may be cited as the Native American Tax Parity and Relief Act of 2022 2. Findings The Congress finds the following: (1) There is a unique Federal legal and political relationship between the United States and Indian tribes. (2) Indian tribes have the responsibility and authority to provide governmental programs and services to tribal citizens, develop tribal economies, and build community infrastructure to ensure that Indian reservation lands serve as livable, permanent homes. (3) The United States Constitution, United States Federal Court decisions, Executive orders, and numerous other Federal laws and regulations recognize that Indian tribes are governments, retaining the inherent authority to tax and operate as other governments, including (inter alia) financing projects with government bonds and maintaining eligibility for general tax exemptions via their government status. (4) Codifying tax parity with respect to tribal governments is consistent with Federal treaties recognizing the sovereignty of tribal governments. (5) Indian tribes face historic disadvantages in accessing the underlying capital to build the necessary infrastructure for job creation, and certain statutory restrictions on tribal governance further inhibit tribes’ ability to develop strong governance and economies. (6) Indian tribes are sometimes excluded from the Internal Revenue Code of 1986 in key provisions which results in unfair tax treatment for tribal citizens or unequal enforcement authority for tribal enforcement agencies. (7) Congress is vested with the authority to regulate commerce with Indian tribes, and hereby exercises that authority in a manner which furthers tribal self-governance, and in doing so, further affirms the United States government-to-government relationship with Indian tribes. 3. Treatment of Indian Tribes as States with respect to bond issuance (a) In general Section 7871(c) (c) Special rules for tax-Exempt bonds (1) In general In applying section 146 to bonds issued by Indian Tribal Governments the Secretary shall annually— (A) establish a national bond volume cap based on the greater of— (i) the State population formula approach in section 146(d)(1)(A) (using national Tribal population estimates supplied annually by the Department of the Interior in consultation with the Census Bureau), and (ii) the minimum State ceiling amount in section 146(d)(1)(B) (as adjusted in accordance with the cost of living provision in section 146(d)(2)), and (B) under regulations prescribed by the Secretary, allocate such national bond volume cap among all Indian Tribal Governments seeking such an allocation in a particular year. (2) Application of geographic restriction In the case of national bond volume cap allocated under paragraph (1), section 146(k)(1) shall not apply to the extent that such cap is used with respect to financing for a facility located on qualified Indian lands. (3) Restriction on financing of certain gaming facilities No portion of the volume cap allocated under this subsection may be used with respect to the financing of any portion of a building in which class II or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act) is conducted or housed or any property actually used in the conduct of such gaming. (4) Definitions and special rules For purposes of this subsection— (A) Indian Tribal government The term Indian Tribal Government (B) Intertribal consortiums, etc In any case in which an Indian Tribal Government has authorized an intertribal consortium, a Tribal organization, or an Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act, to plan for, coordinate or otherwise administer services, finances, functions, or activities on its behalf under this subsection, the authorized entity shall have the rights and responsibilities of the authorizing Indian Tribal Government only to the extent provided in the Authorizing resolution. (C) Qualified indian lands The term qualified Indian lands 25 U.S.C. 1452(d) (i) the active conduct of a trade or business by an Indian Tribe on, contiguous to, within reasonable proximity of, or with a substantial connection to, an Indian reservation or Alaska Native village, or (ii) infrastructure (including roads, power lines, water systems, railroad spurs, and communication facilities) serving an Indian reservation or Alaska Native village. . (b) Conforming amendment Subparagraph (B) of section 45(c)(9) (B) Indian tribe For purposes of this paragraph, the term Indian tribe . (c) Effective date The amendments made by this section shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. 4. Treatment of tribal foundations and charities like charities funded and controlled by other governmental funders and sponsors (a) In general Section 170(b)(1) (I) Treatment of charities substantially funded by Indian tribal governments For purposes of subparagraph (A)(vi), the term governmental unit . (b) Certain supporting organizations Section 509(a) of such Code is amended by adding at the end the following: For purposes of paragraph (3), an organization described in paragraph (2) shall be deemed to include an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 5. Improving effectiveness of tribal child support enforcement agencies by parity of access to the Federal parent locator service and Federal tax refund offsets (a) Access to federal parent locator service Section 453(c) of the Social Security Act ( 42 U.S.C. 653(c) (1) by striking and (2) by striking the period at the end of paragraph (5) and inserting ; and (3) by adding at the end the following: (6) the child support enforcement agency of an Indian tribe or tribal organization that is eligible for a grant under section 455(f). . (b) Improving the collection of past-Due child support from federal tax refunds (1) Amendment to the social security act Section 464 of the Social Security Act ( 42 U.S.C. 664 (d) Applicability to indian tribes and tribal organizations eligible for a grant under this part This section, except for the requirement to distribute amounts in accordance with section 457, shall apply to an Indian tribe or tribal organization eligible for a grant under section 455(f) in the same manner in which this section applies to a State with a plan approved under this part. . (2) Amendment to the internal revenue code Subsection (c) of section 6402 For purposes of this subsection, any reference to a State shall include a reference to any Indian tribe or tribal organization described in section 464(d) of the Social Security Act. 6. Recognizing indian tribal governments for purposes of determining under the adoption credit whether a child has special needs (a) In general Section 23(d)(3) (1) in subparagraph (A), by inserting or Indian tribal government a State (2) in subparagraph (B), by inserting or Indian tribal government such State (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 7. Inclusion of Indian areas as difficult development areas for purposes of certain buildings (a) In general Subclause (I) of section 42(d)(5)(B)(iii) , and any Indian area (b) Indian area Clause (iii) of section 42(d)(5)(B) (II) Indian area For purposes of subclause (I), the term Indian area 25 U.S.C. 4103(11) (III) Special rule for buildings in Indian areas In the case of an area which is a difficult development area solely because it is an Indian area, a building shall not be treated as located in such area unless such building is assisted or financed under the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4101 et seq. 25 U.S.C. 4103(22) . (c) Effective date The amendments made by this section shall apply to buildings placed in service after December 31, 2021. 8. Indian employment tax credit (a) Extension Section 45A (b) Modification of determination of amount of credit Paragraph (2) of section 45A(a) (2) the quotient of— (A) the sum of the qualified wages and qualified employee health insurance costs which were paid or incurred by the employer (or any predecessor) during the two most recent calendar years ending before the beginning of such taxable year, divided by (B) 2. . (c) Increased limitation Section 45A(b)(3) $20,000 $30,000 (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 9. New markets tax credit for tribal statistical areas (a) Additional allocations for tribal statistical areas Section 45D(f) (4) Additional allocations for tribal statistical areas (A) In general In the case of each calendar year after 2021, there is (in addition to any limitation under any other paragraph of this subsection) a new markets tax credit limitation of $175,000,000 which shall be allocated by the Secretary as provided in paragraph (2) except that such limitation may only be allocated with respect to Tribal Statistical Areas. (B) Carryover of unused tribal statistical area limitation (i) In general If the credit limitation under subparagraph (A) for any calendar year exceeds the amount of such limitation allocated by the Secretary for such calendar year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. (ii) Limitation on carryover No amount of credit limitation may be carried under clause (i) past the 5th calendar year following the calendar year in which such amount of credit limitation arose. (iii) Transfer of expired tribal statistical area limitation to general limitation In the case of any amount of credit limitation which would (but for clause (ii)) be carried under clause (i) to the 6th calendar year following the calendar year in which such amount of credit limitation arose, the new market tax credit limitation under paragraph (1) for such 6th calendar year shall be increased by the amount of such credit limitation. (C) Tribal Statistical Area For purposes of this paragraph, the term Tribal Statistical Area (i) any low-income community which is located in any Tribal Census Tract, Oklahoma Tribal Statistical Area, Tribal-Designated Statistical Area, Alaska Native Village Statistical Area, or Hawaiian Home Land, and (ii) any low-income community described in subsection (e)(1)(B). . (b) Eligibility of certain businesses serving tribal members Section 45D(e)(1) (1) In general The term low-income community (A) comprising a population census tract if— (i) the poverty rate for such tract is at least 20 percent, or (ii) (I) in the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80 percent of statewide median family income, or (II) in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income, or (B) which is used for a qualified active low-income community business which— (i) services a significant population of Tribal or Alaska Native Village members who are residents of a low-income community described in subsection (f)(5)(C)(i), and (ii) obtains a written statement from the relevant Indian Tribal Government (within the meaning of section 7871(c)) that documents the eligibility of such qualified active low-income community business with respect to the requirement of clause (i). Subparagraph (A)(ii) shall be applied using possession wide median family income in the case of census tracts located within a possession of the United States. . (c) Regulatory authority Section 45D(i) and , and (7) which provide documentation requirements for the written statement required under subsection (e)(1)(B)(ii), and (8) which provide procedures for identifying qualified low-income community businesses which meet the requirements of subsection (e)(1)(B)(i) (taking into account the location need of such businesses, especially with businesses that serve multiple tribal or Alaska Native Village communities. . (d) Effective date The amendments made by this section shall apply to new markets tax credit limitation determined for calendar years after December 31, 2021. 10. Tribal general welfare programs clarification (a) In general Section 1612(b) of the Social Security Act ( 42 U.S.C. 1382a(b) ; and ; and (27) any Indian general welfare benefit (as defined in section 139E . (b) Exclusion from resources Section 1613(a) of the Social Security Act ( 42 U.S.C. 1382b(a) ; and ; and (18) for the 9-month period beginning after the month in which received, any Indian general welfare benefit (within the meaning of section 139E .	Native American Tax Parity and Relief Act of 2022
Defending Memory Chip Supply Chains from the Chinese Communist Party Act This bill requires the President to impose sanctions on entities that produce flash memory integrated circuits of at least 128 layers and that have financial links to countries of concern. The bill also requires sanctions on the Yangtze Memory Technologies Corporation.	117 S5050 IS: Defending Memory Chip Supply Chains from the Chinese Communist Party Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5050 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Cotton Committee on Banking, Housing, and Urban Affairs A BILL To impose sanctions on certain foreign flash memory integrated circuit companies that threaten the interests of the United States. 1. Short title This Act may be cited as the Defending Memory Chip Supply Chains from the Chinese Communist Party Act 2. Imposition of sanctions on certain foreign entities (a) In general (1) Asset blocking On and after the date that is 30 days after the date of the enactment of this Act, the President shall exercise all the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (2) Determination of significance For the purposes of this subsection, in determining if transactions are significant, the President may consider the totality of the facts and circumstances, including the factors set forth in section 561.404 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (3) Rule of construction For purposes of this section, participation in an international standards-setting organization or in the activities of such an organization may not be construed to be transactions. (b) Entities affiliated with a country of concern described An entity is described in this subsection if the entity is— (1) Yangtze Memory Technologies Corporation (YMTC), any of its subsidiaries, or any company in which YMTC or its subsidiaries own at least 5 percent; or (2) an entity— (A) that is engaged in the production of flash memory integrated circuits of at least 128 layers; and (B) (i) that receives or has received subsidies or investments from any national, provincial, county, municipal, or other government, quasi-government, or party body of a country of concern, including the Chinese Communist Party; (ii) that has links to the sale, transfer, or research and development of technology for the Armed Forces of a country of concern, including the People’s Liberation Army; (iii) that is directly or indirectly owned or controlled by the government or ruling party of a country of concern or by another entity described in this subsection; (iv) five percent or more of the outstanding voting stock or shares of which are owned, controlled, or held by the government or ruling party of a country of concern or by another entity described in this subsection; (v) that is subject to substantial influence from either a country of concern or another entity described in this subsection; (vi) that is domiciled in a country of concern and shares with another entity described in this subsection an employee in a position of material decisionmaking authority; (vii) that is part of another entity that is headquartered in a country of concern, including a subsidiary, a holding company, a contract affiliate, or a variable interest entity; or (viii) that is otherwise substantially influenced by a national of a country of concern or by another entity domiciled in the country of concern. (c) Exceptions (1) Intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. (2) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good (d) Waiver The President may waive the application of sanctions under this section with respect to a foreign person for renewable periods of not more than 30 days each if the President determines and reports to Congress that such a waiver is vital to the national security interests of the United States. (e) Implementation; penalties (1) Implementation The President shall exercise the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (f) Definitions (1) In general In this section: (A) Country of concern The term country of concern (i) has the meaning given the term foreign adversary 47 U.S.C. 1607(c)(2) (ii) includes the People’s Republic of China, Russia, Iran, North Korea, Cuba, and Venezuela. (B) United states person The term United States person (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. (g) Severability If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.	Defending Memory Chip Supply Chains from the Chinese Communist Party Act
Foster Youth and Driving Act This bill expands state foster care and adoption assistance programs to provide driving preparation assistance to foster youth and related training for foster parents. The bill further directs assistance to states and tribal organizations for age-appropriate foster youth to, among other things, obtain automobile insurance, complete driver's education, obtain a driver's license, and purchase a vehicle.	117 S5051 IS: Foster Youth and Driving Act U.S. Senate 2022-09-29 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. II 117th CONGRESS 2d Session S. 5051 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Hassan Mr. Young Committee on Finance A BILL To amend title IV of the Social Security Act to expand foster parent training and authorize new appropriations to support the obtainment of a driver’s license. 1. Short title This Act may be cited as the Foster Youth and Driving Act 2. Foster parent training related to preparing a child to drive Section 471(a)(24) of the Social Security Act ( 42 U.S.C. 671(a)(24) (1) by striking and knowledge and skills knowledge and skills (2) by inserting before the semicolon at the end the following: and, when appropriate to the age or other circumstance of the child, knowledge and skills related to preparing the child to drive, including assuring opportunity for practice driving hours and assistance in obtaining a driver’s license and automotive insurance and in applying as needed for driving and transportation assistance as described in section 477(k) 3. Requirement to include a plan for driving preparation in case plan Section 475(1) of the Social Security Act ( 42 U.S.C. 675(1) (1) in subparagraph (G)(ii), by moving the margin for subclause (II) 2 ems to the right; and (2) by adding at the end the following: (H) A plan for assuring that the child, when appropriate to the age or other circumstance of the child, receives assistance, knowledge, and skills related to preparing to drive, including opportunity for practice driving hours and assistance in obtaining a driver’s license and automotive insurance and in applying as needed for driving and transportation assistance as described in section 477(k). . 4. Driving and transportation assistance program (a) Purpose Section 477(a) of the Social Security Act ( 42 U.S.C. 677(a) (1) in paragraph (6), by striking and (2) in paragraph (7), by striking the period at the end and inserting ; and (3) by adding at the end the following: (8) to provide driving and transportation assistance to children in foster care and certain former foster care recipients who have attained the appropriate age and circumstances to begin receiving such assistance. . (b) Driving and transportation assistance Section 477 of the Social Security Act ( 42 U.S.C. 677 (k) Funds for driving and transportation assistance (1) In general The following conditions shall apply to a State driving and transportation assistance program under this section: (A) Assistance under the program shall be available to youth who have experienced foster care at age 14 or older, as described in subsection (a)(1). (B) The State may allow youths participating in the assistance program on the date they attain 21 years of age to remain eligible until they attain 26 years of age, as long as the State is satisfied that they are working or enrolled in a postsecondary education or other employment training program and are making satisfactory progress toward completion of that program. (C) The assistance provided for an individual under this section— (i) may include vehicle insurance costs, driver’s education class and testing fees, practice lessons, practice hours, license fees, roadside assistance, deductible assistance, assistance in purchasing an automobile, and any other costs related to obtaining a driver’s license and driving legally in the State; and (ii) shall not exceed the lesser of $4,000 per year or the total cost of the items described in clause (i), excluding the cost of a vehicle purchased as part of the program. (D) The State shall ensure that, in the case of a youth in foster care under the age of 18 participating in the assistance program, the youth’s foster parent (if any) may authorize another adult to provide any authorization required by the State to be provided by a parent or guardian in order for such a youth to obtain a driver’s license or permit or take driving lessons. (E) The State shall work to remove barriers to obtaining a driver’s license and appropriate insurance for youth under the age of 18, such as addressing liability and insurance laws to allow minor youth to more easily obtain a license. (F) The amount of assistance under this section— (i) shall not, for purposes of the Internal Revenue Code of 1986, be includible in the gross income of the individual with respect to whom such assistance is provided, and (ii) shall be disregarded for purposes of determining such individual’s eligibility for, or the amount of, any other Federal or federally supported assistance, except that the State agency shall take appropriate steps to prevent duplication of benefits under this and other Federal or federally supported programs. (G) The State shall coordinate the program with other appropriate programs, including those described under subsection (b)(3)(F), to support current and former youth in their transition to adulthood. (H) The State shall work to streamline processes for communicating program eligibility and shall conduct public awareness efforts to ensure that foster youth are aware of the assistance available under the program. (I) The State agrees to submit such annual data to the Secretary as the Secretary may require, including data specifying the number of individuals, of those in foster care or formerly in foster care who have attained from 15 to 26 years of age, who (as appropriate to the age and other circumstances of the individual)— (i) are eligible for a driver’s license; (ii) have completed a driver’s education course; (iii) have completed driver’s training hours; (iv) have obtained a learner’s permit; (v) have obtained a driver’s license; (vi) own a vehicle or otherwise have access to a vehicle to drive; and (vii) have automotive liability insurance. (2) Report The Secretary shall annually submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the State driving and transportation assistance program under this subsection, and shall make such report publicly available. Such report shall include a compilation of the State data submitted to the Secretary under paragraph (1)(I). . (c) Certification Section 477(b)(3) of the Social Security Act ( 42 U.S.C. 677(b)(3) (L) A certification by the chief executive officer of the State that the State driving and transportation assistance program under this section is in compliance with the conditions specified in subsection (k)(1), including a statement describing methods the State will use— (i) to ensure that the total amount of driving and transportation assistance to a youth under this section and under other Federal and federally supported programs does not exceed the limitation specified in subsection (k)(1)(C)(ii); and (ii) to avoid duplication of benefits under this and any other Federal or federally assisted benefit program. . (d) Increased authorization of appropriations Section 477(h) of the Social Security Act ( 42 U.S.C. 677(h) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) an additional $36,000,000, which are authorized to be available for payments to States for driving and transportation assistance in accordance with subsection (k)(1). . (e) Allotments to States Section 477(c) of the Social Security Act ( 42 U.S.C. 677(c) (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Driving and transportation assistance allotment (A) In general From the amount, if any, appropriated pursuant to subsection (h)(3) for a fiscal year and remaining after the reservation described in subparagraph (B), the Secretary may allot to each State with an application approved under subsection (b) for the fiscal year an amount equal to the State foster care ratio multiplied by the amount so specified. (B) Reservations for Indian tribes and tribal organizations The Secretary shall reserve up to 3 percent of the amount appropriated each year pursuant to subsection (h)(3) for payments to Indian tribes and tribal organizations to be used in accordance with subsection (k). . (f) Discretionary grants Section 474 of the Social Security Act ( 42 U.S.C. 674 (1) in subsection (e)(1), by striking section 477(a)(6) section 477(a)(5) (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following: (f) Discretionary grants for driving and transportation assistance From amounts appropriated pursuant to section 477(h)(3), the Secretary may make a grant to a State with a plan approved under this part, for a calendar quarter, in an amount equal to the lesser of— (1) 80 percent of the amounts expended by the State during the quarter to carry out programs for the purposes described in section 477(a)(8); or (2) the amount, if any, allotted to the State under section 477(c)(4)(A) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this subsection for such purposes for all prior quarters in the fiscal year. . (g) Payments to Indian tribal organizations Section 477 of the Social Security Act ( 42 U.S.C. 677 (l) Payments to Indian tribes and tribal organizations for driving and transportation assistance programs (1) In general An Indian tribe or tribal organization (as such terms are defined for purposes of section 428(c)) which has a plan for child welfare services approved under subpart 1 of part B of this title and which operates a foster care program may apply for an allotment out of any amounts reserved for a fiscal year under subsection (c)(4)(B) to carry out programs for the purposes described in subsection (a)(8). (2) Application An Indian tribe or tribal organization desiring an allotment under paragraph (1) of this subsection shall submit an application to the Secretary to directly receive such allotment that includes a plan which— (A) satisfies such requirements of subsections (b)(3) and (k) as the Secretary determines are appropriate in consultation with the tribe or tribal organization; (B) contains a description of the Indian tribe or tribal organization's consultation process regarding the programs to be carried out under the plan with each State in which the Indian tribe or tribal organization is located; and (C) contains an explanation of the results of such consultation, particularly with respect to— (i) determining the eligibility for driving and transportation assistance benefits and services of Indian children to be served under the programs to be carried out under the plan; and (ii) the process for consulting with the State in order to ensure the continuity of such benefits and services for such children who will transition from receiving such benefits and services under programs carried out under a State plan under subsection (b)(2) to receiving such benefits and services under programs carried out under a plan under this subsection. (3) Payments The Secretary shall pay an Indian tribe or tribal organization with an application approved under this subsection from the allotment determined for the Indian tribe or tribal organization under paragraph (4) in the same manner as is provided in section 474(f) with respect to a State, or in such other manner as is determined appropriate by the Secretary, except that in no case shall an Indian tribe or tribal organization receive a lesser proportion of such funds than a State is authorized to receive under such section. (4) Allotment From the total amount reserved for a fiscal year under subsection (c)(4)(B), the Secretary shall allot to the Indian tribes or tribal organizations with an application approved under this subsection for that fiscal year an amount based on each Indian tribe or tribal organization’s share of the total tribal child population among all such tribes and tribal organizations with an application so approved. (5) Data and evaluation The Secretary shall consult with tribes and tribal organizations to determine the tribally relevant data needed to understand how the driving and transportation assistance program helps tribal youth and if any policies would improve tribal youth access to drivers’ licenses and, to the extent practicable, the number and demographic data of tribal youth served. (6) Matching requirement In determining the amounts expended by an Indian tribe or tribal organization for purposes of section 474(f)(1), the Secretary may take into account in-kind expenditures of the Indian tribe or tribal organization. . (h) Technical assistance Section 477(g)(2) of the Social Security Act ( 42 U.S.C. 677(g)(2) (1) by striking the amount specified in subsection (h) each of the amounts specified in paragraphs (1) and (2) of subsection (h), and up to 5 percent of the amount specified in paragraph (3) of such subsection, (2) by adding at the end the following: With respect to such reservations of amounts specified in paragraph (3) of subsection (h), the Secretary— (A) shall consider a higher reservation of funds for initial fiscal years to the extent necessary to support States in establishing a new program in each State; and (B) shall not consider an entity an appropriate entity unless the entity has demonstrated the capacity to successfully administer a State-mandated program to provide driver’s licenses to youth under the age of 18 who are in State foster care and to increase the number of such foster youth who obtain a driver’s license. .	Foster Youth and Driving Act