110 HR 2617 EAS2: Consolidated Appropriations Act, 2023 U.S. House of Representatives 2022-12-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS2d SessionH.R. 2617In the Senate of the United States,December 22, 2022.Senate Amendment to House Amendment to Senate Amendment:

That the bill from the House of Representatives (H.R. 2617) entitled An Act to amend section 1115 of title 31, United States Code, to amend the description of how performance goals are achieved, and for other purposes., do pass with the following

In lieu of the matter proposed to be inserted by the House in Senate amendment 4, insert the following:

1.

Short Title

This Act may be cited as the Consolidated Appropriations Act, 2023.

2.

Table of Contents

Sec. 1. Short title.Sec. 2. Table of contents.Sec. 3. References.Sec. 4. Explanatory statement.Sec. 5. Statement of appropriations.Sec. 6. Adjustments to compensation.Division A—Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023Title I—Agricultural ProgramsTitle II—Farm Production and Conservation ProgramsTitle III—Rural Development ProgramsTitle IV—Domestic Food ProgramsTitle V—Foreign Assistance and Related ProgramsTitle VI—Related Agency and Food and Drug AdministrationTitle VII—General ProvisionsDivision B—Commerce, Justice, Science, and Related Agencies Appropriations Act, 2023Title I—Department of CommerceTitle II—Department of JusticeTitle III—ScienceTitle IV—Related AgenciesTitle V—General ProvisionsDivision C—Department of Defense Appropriations Act, 2023Title I—Military PersonnelTitle II—Operation and MaintenanceTitle III—ProcurementTitle IV—Research, Development, Test and EvaluationTitle V—Revolving and Management FundsTitle VI—Other Department of Defense ProgramsTitle VII—Related AgenciesTitle VIII—General ProvisionsDivision D—Energy and Water Development and Related Agencies Appropriations Act, 2023Title I—Corps of Engineers—CivilTitle II—Department of the InteriorTitle III—Department of EnergyTitle IV—Independent AgenciesTitle V—General ProvisionsDivision E—Financial Services and General Government Appropriations Act, 2023Title I—Department of the TreasuryTitle II—Executive Office of the President and Funds Appropriated to the PresidentTitle III—The JudiciaryTitle IV—District of ColumbiaTitle V—Independent AgenciesTitle VI—General Provisions—This ActTitle VII—General Provisions—Government-wideTitle VIII—General Provisions—District of ColumbiaDivision F—Department of Homeland Security Appropriations Act, 2023Title I—Departmental Management, Intelligence, Situational Awareness, and OversightTitle II—Security, Enforcement, and InvestigationsTitle III—Protection, Preparedness, Response, and RecoveryTitle IV—Research, Development, Training, and ServicesTitle V—General ProvisionsDivision G—Department of the Interior, Environment, and Related Agencies Appropriations Act, 2023Title I—Department of the InteriorTitle II—Environmental Protection AgencyTitle III—Related AgenciesTitle IV—General ProvisionsDivision H—Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2023Title I—Department of LaborTitle II—Department of Health and Human ServicesTitle III—Department of EducationTitle IV—Related AgenciesTitle V—General ProvisionsDivision I—Legislative Branch Appropriations Act, 2023Title I—Legislative BranchTitle II—General ProvisionsDivision J—Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023Title I—Department of DefenseTitle II—Department of Veterans AffairsTitle III—Related AgenciesTitle IV—General ProvisionsDivision K—Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023Title I—Department of State and Related AgencyTitle II—United States Agency for International DevelopmentTitle III—Bilateral Economic AssistanceTitle IV—International Security AssistanceTitle V—Multilateral AssistanceTitle VI—Export and Investment AssistanceTitle VII—General ProvisionsDivision L—Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2023Title I—Department of TransportationTitle II—Department of Housing and Urban DevelopmentTitle III—Related AgenciesTitle IV—General Provisions—This ActDivision M—Additional Ukraine Supplemental Appropriations Act, 2023Division N—Disaster Relief Supplemental Appropriations Act, 2023Division O—Extenders and Technical CorrectionsTitle I—National Cybersecurity Protection System Authorization Extension Title II—NDAA Technical Corrections Title III—Immigration Extensions Title IV—Environment and Public Works Matters Title V—Safety EnhancementsTitle VI—Extension of Temporary Order for Fentanyl-Related SubstancesTitle VII—Federal Trade Commission Oversight of Horseracing Integrity and Safety AuthorityTitle VIII—United States Parole Commission ExtensionTitle IX—Extension of FCC Auction AuthorityTitle X—Budgetary EffectsDivision P—Electoral Count Reform and Presidential Transition ImprovementDivision Q—Aviation Related MattersDivision R—No TikTok on Government DevicesDivision S—Oceans Related MattersDivision T—SECURE 2.0 Act of 2022Division U—Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022Division V—STRONG Veterans Act of 2022Division W—Unleashing American Innovators Act of 2022Division X—Extension of Authorization for Special Assessment for Domestic Trafficking Victims’ FundDivision Y—CONTRACT Act of 2022Division Z—COVS ActDivision AA—Financial Services MattersDivision BB—Consumer Protection and CommerceDivision CC—Water Related Matters Division DD—Public Land Management Division EE—Post Office DesignationsDivision FF—Health and Human ServicesDivision GG—Merger Filing Fee ModernizationDivision HH—AgricultureDivision II—Pregnant WorkersDivision JJ—North Atlantic Right WhalesDivision KK—Pump for Nursing Mothers ActDivision LL—State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief FlexibilityDivision MM—Fairness for 9/11 Families Act

3.

References

Except as expressly provided otherwise, any reference to this Act contained in any division of this Act shall be treated as referring only to the provisions of that division.

4.

Explanatory Statement

The explanatory statement regarding this Act, printed in the Senate section of the Congressional Record on or about December 19, 2022, and submitted by the chair of the Committee on Appropriations of the Senate, shall have the same effect with respect to the allocation of funds and implementation of divisions A through L of this Act as if it were a joint explanatory statement of a committee of conference.

5.

Statement of appropriations

The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023.

6.

Adjustments to compensation

Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments for Members of Congress) during fiscal year 2023.

A

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023

B

COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

C

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023

D

ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

E

FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2023

F

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023

G

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

H

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

I

Legislative Branch Appropriations Act, 2023

J

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023

K

DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2023

L

TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

M

ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023

N

DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023

O

Extenders and technical corrections

P

Electoral Count Reform and Presidential Transition Improvement

1.

Short title, etc

This division may be cited as the Electoral Count Reform and Presidential Transition Improvement Act of 2022.

Q

Aviation related matters

101.

Advanced air mobility infrastructure pilot program

(a)

Establishment

Not later than 180 days after the date of enactment of this section, the Secretary shall establish a pilot program to provide grants that assist an eligible entity to plan for the development and deployment of infrastructure necessary to facilitate AAM operations, locally and regionally, within the United States.(b)

Planning grants

(1)

In general

The Secretary shall provide grants to eligible entities to develop comprehensive plans under paragraph (2) related to AAM infrastructure.(2)

Comprehensive plan

(A)

In general

Not later than 1 year after receiving a grant under this subsection, an eligible entity shall submit to the Secretary a comprehensive plan, including the development of potential public use or private-owned vertiport infrastructure, in a format capable of being published on the website of the Department of Transportation.(B)

Plan contents

The Secretary shall establish content requirements for comprehensive plans submitted under this subsection, which shall include as many of the following as possible:(i)The identification of planned or potential public use and private-owned vertiport locations.(ii)A description of infrastructure necessary to support AAM operations.(iii)A description of types of planned or potential AAM operations and a forecast for proposed vertiport operations, including estimates for initial operations and future growth.(iv)The identification of physical and digital infrastructure required to meet any standards for vertiport design and performance characteristics established by the Federal Aviation Administration (as in effect on the date on which the Secretary issues a grant to an eligible entity), including modifications to existing infrastructure and ground sensors, electric charging or other fueling requirements, electric utility requirements, wireless and cybersecurity requirements, fire safety, perimeter security, and other necessary hardware or software.(v)A description of any hazard associated with planned or potential vertiport infrastructure, such as handling of hazardous materials, batteries, or other fuel cells, charging or fueling of aircraft, aircraft rescue and firefighting response, and emergency planning.(vi)A description of potential environmental effects of planned or potential construction or siting of vertiports, including efforts to reduce potential aviation noise.(vii)A description of how planned or potential vertiport locations, including new or repurposed infrastructure, fit into State and local transportation systems and networks, including—(I)connectivity to existing public transportation hubs and intermodal and multimodal facilities for AAM operations;(II)opportunities to create new service to rural areas and areas underserved by air transportation; or(III)any potential conflict with existing aviation infrastructure that may arise from the planned or potential location of the vertiport.(viii)A description of how vertiport planning will be incorporated in State or metropolitan planning documents.(ix)The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned or potential vertiport location and planned or potential AAM operations, such as engagement with communities in rural areas, underserved communities, Tribal communities, individuals with disabilities, or racial and ethnic minorities to address equity of access.(x)The identification of State, local, or private sources of funding an eligible entity may use to assist with the construction or operation of a vertiport.(xi)The identification of existing Federal aeronautical and airspace requirements that must be met for the eligible entity’s planned or potential vertiport location.(xii)The identification of the actions necessary for an eligible entity to undertake the construction of a vertiport, such as planning studies to assess existing infrastructure, environmental studies, studies of projected economic benefit to the community, lease or acquisition of an easement or land for new infrastructure, and activities related to other capital costs.(3)

Application

To apply for a grant under this subsection, an eligible entity shall provide to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.(4)

Selection

(A)

In general

In awarding grants under this subsection, the Secretary shall consider the following:(i)Geographic diversity.(ii)Diversity of the proposed models of infrastructure financing and management.(iii)Diversity of proposed or planned AAM operations.(iv)The need for comprehensive plans that—(I)ensure the safe and efficient integration of AAM operations into the National Airspace System;(II)improve transportation safety, connectivity, access, and equity in both rural and urban regions in the United States;(III)leverage existing public transportation systems and intermodal and multimodal facilities;(IV)reduce surface congestion and the environmental impacts of transportation;(V)grow the economy and create jobs in the United States; and(VI)encourage community engagement when planning for AAM-related infrastructure.(B)

Priority

The Secretary shall prioritize awarding grants under this subsection to eligible entities that collaborate with commercial AAM entities, institutions of higher education, research institutions, or other relevant stakeholders to develop and prepare a comprehensive plan.(C)

Minimum allocation to rural areas

The Secretary shall ensure that not less than 20 percent of the amounts made available under subsection (c) are used to award grants to eligible entities that submit a comprehensive plan under paragraph (2) that is related to infrastructure located in a rural area.(5)

Grant amount

Each grant made under this subsection shall be made in an amount that is not more than $1,000,000.(6)

Briefing

(A)

In general

Not later than 180 days after the first comprehensive plan is submitted under paragraph (2), and every 180 days thereafter through September 30, 2025, the Secretary shall provide a briefing to the appropriate committees of Congress on the comprehensive plans submitted to the Secretary under such paragraph.(B)

Contents

The briefing required under subparagraph (A) shall include—(i)an evaluation of all planned or potential vertiport locations included in the comprehensive plans submitted under paragraph (2) and how such planned or potential vertiport locations may fit into the overall United States transportation system and network; and(ii)a description of lessons or best practices learned through the review of comprehensive plans and how the Secretary will incorporate any such lessons or best practices into Federal standards or guidance for the design and operation of AAM infrastructure and facilities.(c)

Authorization of appropriations

(1)

Authorization

There are authorized to be appropriated to the Secretary to carry out this section $12,500,000 for each of fiscal years 2023 and 2024, to remain available until expended.(2)

Administrative expenses

Of the amounts made available under paragraph (1), the Secretary may retain up to 1 percent for personnel, contracting, and other costs to establish and administer the pilot program under this section.(d)

Termination

(1)

In general

No grant may be awarded under this section after September 30, 2024.(2)

Continued funding

Funds authorized to be appropriated pursuant to subsection (c) may be expended after September 30, 2024—(A)for grants awarded prior to September 30, 2024; and(B)for administrative expenses.(e)

Definitions

In this section:(1)

Advanced air mobility; AAM

The terms advanced air mobility and AAM have the meaning given such terms in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note).(2)

Appropriate committees of congress

The term appropriate committees of Congress means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.(3)

Commercial AAM entities

The term commercial AAM entities means—(A)manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems related to AAM;(B)intended commercial operators of AAM aircraft and systems; and(C)intended commercial operators and developers of vertiports.(4)

Eligible entity

The term eligible entity means—(A)a State, local, or Tribal government, including a political subdivision thereof;(B)an airport sponsor;(C)a transit agency;(D)a port authority;(E)a metropolitan planning organization; or(F)any combination or consortium of the entities described in subparagraphs (A) through (E).(5)

Metropolitan planning organization

The term metropolitan planning organization has the meaning given such term in section 5303(b) of title 49, United States Code.(6)

Rural area

The term rural area means an area located outside a metropolitan statistical area (as designated by the Office of Management and Budget).(7)

Secretary

The term Secretary means the Secretary of Transportation.(8)

State

The term State means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam.(9)

Vertiport

The term vertiport means a designated location used or intended to be used to support AAM operations, including the landing, take-off, loading, taxiing, parking, and storage of aircraft developed for AAM operations.(10)

Vertical take-off and landing aircraft

The term vertical take-off and landing aircraft has the meaning given such term in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note).(f)

Rule of construction

Nothing in this section may be construed as conferring upon any person, State, local, or Tribal government the authority to determine the safety of any AAM operation or the feasibility of simultaneous operations by AAM and conventional aircraft within any given area of the national airspace system.

102.

Samya Rose Stumo National Air Grant Fellowship Program

(a)

Short title

This section may be cited as the Samya Rose Stumo National Air Grant Fellowship Program Act of 2022.(b)

Designation

(1)

In general

Section 131 of division V of the Consolidated Appropriations Act of 2021 (49 U.S.C. 40101 note) is amended—(A)in the section heading, by inserting Samya Rose Stumo before National Air Grant Fellowship Program;(B)in the paragraph heading of subsection (a)(4), by inserting Samya Rose Stumo before National Air Grant Fellowship Program; and(C)by inserting Samya Rose Stumo before National Air Grant Fellowship Program each place it appears.(2)

Clerical amendment

Section 101(b) of division V of the Consolidated Appropriations Act of 2021 (Public Law 116–260) is amended by striking the item relating to section 131 and by inserting the following:Sec. 131. Samya Rose Stumo National Air Grant Fellowship Program..(c)

References

On and after the date of enactment of this section, any reference in a law, regulation, document, paper, or other record of the United States to the National Air Grant Fellowship Program shall be deemed to be a reference to the Samya Rose Stumo National Air Grant Fellowship Program.(d)

Sense of Congress

It is the sense of Congress that—(1)the lives of 189 passengers and crew, who died in the Lion Air Flight 610 crash on October 29, 2018, are commemorated and recognized, including, but not limited to, Captain Bhavye Suneja, First Officer Harvino, Permadi Anggrimulja, Liu Chandra, Chairul Aswan, Resti Amelia, Reni Ariyanti, Daniel Suhardja Wijaya, Mardiman, Dadang, Diah Damayanti, Dolar, Dony, Dwinanto, Eryant, Cici Ariska, Fendi Christanto, Dr. Ibnu Fajariyadi Hantoro, Inayah Fatwa Kurnia Dewi, Hendra, Hesti Nuraini, Henry Heuw, Khotijah, Jannatun Cintya Dewi, Ammad Mughni, Sudibyo Onggowardoyo, Shintia Melina, Citra Novita Anggelia Putri, Alviani Hidayatul Solikha, Damayanti Simarmata, Mery Yulyanda, Putri Yuniarsi, Putty Fatikah Rani, Tan Toni, Tami Julian, Moedjiono, Deny Maula, Michelle Vergina Bonkal, Mathew Darryl Bongkal, Adonia Magdiel Bonkal, Fiona Ayu Zen S, Agil Nugroho Septian, Wahyu Alldilla, Xherdan Fachredzi, Deryl Fida Febrianto, Bambang Rosali Usman, Nikki Bagus Santoso, Andrea Manfredi, Muhammad Luthfi Nurrandhani, Shandy Johan Ramadhan, Muchtar Rasyid, Rebiyanti, Eka Suganda, Yulia Silvianti, Syahrudin, Sekar Maulana, Fais Saleh Harharah, Natalia Setiawan, Alfiani Hidayatul Solikah, Robert Susanto, Rudolf Petrus Sayers, Muhammad Syafi, Sian Sian, Arif Yustian, Vicky Ardian, Wanto, and Verian Utama; (2)the life of Samya Rose Stumo and the lives of 156 passengers and crew who died in the Ethiopian Airlines Flight 302 crash on March 10, 2019, are commemorated and recognized, including, but not limited to, Abdishakur Shahad, Abdullahi Mohammed, Adam Kornaski, Adam Mbicha, Professor Agnes W. Gathumbi, Ahmednur Mohammed Omar, Alexandra Wachtmeister, Ama Tesfamariam, Ambassador Abiodun Oluremi Bashua, Ameen Ismail Noormohamed, Amina Ibrahim Odawaa, Amos Namanya, Angela Rehhorn, Ann Wangui Karanja, Anne Mogoi Birundu, Anne (last name unknown), Anne-Katrin Feigl, Anushka Dixit, Ashka Dixit, Kosha Vaidya, Prerit Dixit, Bennett Riffel, Benson Maina Gathu, Bernard Musembi Mutua, Captain Yared Getachew, Carolyne Karanja, Ryan Njuguna, Kerri Pauls, Rubi Pauls, Cedric Asiavugwa, Chunming Jack Wang, Cosmas Kipngetich Rogony, CP Christine Alalo, Danielle Moore, Darcy Belanger, Dawn Tanner, Djordje Vdovic, Doaa Atef Abdel Salam, Dr. Ben Ahmed Chihab, Dr. Manisha Nukavarapu, Ekta Adhikari, Elsabet Menwyelet, Father George Mukua, First Officer Ahmednur Mohammed, Ayantu Girma, Sara Gebre Michael, Carlo Spini, Gabriella Viciani, George Kabau, George Kabugi, George Kamau Thugge, Getnet Alemayehu, GaoShuang, Ghislaine De Claremont, Harina Hafitz, Siraje Hussein Abdi, Hussein Swaleh, Isaac Mwangi, Isabella Beryl Achieng Jaboma, Jackson Musoni, Jared Babu Mwazo, Mercy Ngami Ndivo, Jessica Hyba, Joanna Toole, Jonathan Seex, Jordi Dalmau Sayol, Josefin Ekermann, Joseph Kuria Waithaka, Julia Mwashi, Karim Saafi, Karoline Aadland, Kodjo Glato, Marcelino Rassul Tayob, Marie Philipp, Maria Pilar Buzzetti, Matthew Vecere, Max Thabiso Edkins, Mel Riffel, Micah John Messent, Michael Ryan, Meraf Yirgalem Areda, Juliet Otieno, Mulugeta Asfaw Shenkut, Mulusew Alemu, Mwazo, Nadia Adam Abaker Ali, Oliver Vick, Paolo Dieci, Peter DeMarsh, Professor Adesanmi, Saad Khalaf Al-Mutairi, Sam Pegram, Sara Chalachew, Sarah Auffret, Sebastiano Tusa, Shikha Garg, Sintayehu Aymeku, Sintayehu Shafi Balaker, Sofia Faisal Abdulkadir, Stéphanie Lacroix, Stella Mbicha Konarska, Tamirat Mulu Demessie, Anthony Wanjohi Ngare, United States Army Captain Antoine Lewis, Vaibhav Lahoti, Victor Tsang, Virginia Chimenit, WangHeo, Xavier Fricaudet, Yekaterina Polyakova, Alexander Polyako, Zhen Zhen Huang, ZhouYuan, Pannagesh Vaidya, Hansini Vaidya, Joseph Waithaka, Blanka Hrnko, Martin Hrnko, Michala Hrnko, Sergei Vyalikov, Suzan Mohamed Abu-Farag, Nasser Fatehy Al-Azab Douban, Asraf Mohamed Abdel Halim Al-Turkim, Abdel-Hamid Farrag Mohamed Magly, Essmat Abdel-Sattar Taha Aransa, Jin Yetao, Derick Lwugi, Reverend Sister Florence Wangari Yongi, Melvin Riffel, Mwazo Mercy Ngami, Reverend Norman Tendis, and Pius Adesanmi; (3)the life of Indonesian diver Syachrul Anto, who died during search and rescue recovery operations in the aftermath of the Lion Air Flight 610 crash, is commemorated and recognized; and(4)the Senate and the House of Representatives express their condolences to the families, friends, and loved ones of those who died on Lion Air Flight 610 and Ethiopian Airlines Flight 302 and commend their ongoing advocacy to advance aviation safety for the flying public at large.

103.

Temporary insurance for air carriers for certain terminated coverage

(a)

In general

Chapter 443 of title 49, United States Code, is amended by inserting after section 44302 the following:

44302a.

Temporary insurance

(a)

In general

The Secretary may provide insurance or reinsurance under this section to or for an air carrier for 1 coverage period not to exceed 90 days. Except as otherwise provided in this section, such insurance or reinsurance shall be subject to the requirements of this chapter. (b)

Restrictions

A policy for insurance or reinsurance issued under this section—(1)may not be issued unless the insurance carrier of the air carrier has unilaterally terminated the air carrier’s war risk liability coverage pursuant to—(A)notice under the policy;(B)an endorsement to the policy; or(C)an automatic termination provision in the policy or any endorsement thereto; and(2)may cover hull, comprehensive, and third party liability risks.(c)

Premium

A premium for insurance or reinsurance provided under this section shall be calculated based on a prorated amount equivalent to the premium that was in effect under the terminated insurance carrier policy.(d)

Approval

A policy for insurance or reinsurance provided under this section—(1)shall be exempt from the requirements of section 44302(c); and(2)may provide coverage to the extent allowed under section 44303, as determined by the Secretary, notwithstanding any determination by the President in subsection (a)(1) of such section.

.(b)

Conforming amendments

(1)

General authority

Section 44303(a) of title 49, United States Code, is amended by striking section 44302 and inserting sections 44302 and 44302a.(2)

Ending effective date

Section 44310(a) of title 49, United States Code, is amended by striking section 44305 and inserting sections 44302a and 44305.(c)

Clerical amendment

The analysis for chapter 443 of title 49, United States Code, is amended by inserting after the item relating to section 44302 the following:44302a. Temporary insurance..

104.

Removal of restriction on veterans concurrently serving in the Offices of Administrator and Deputy Administrator of the Federal Aviation Administration

Section 106(d)(1) of title 49, United States Code, is amended by striking , a retired regular officer of an armed force, or a former regular officer of an armed force.

105.

National aviation preparedness plan

(a)

In general

Not later than 2 years after the date of enactment of this section, the Secretary of Transportation, in coordination with the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of such other Federal departments or agencies as the Secretary of Transportation considers appropriate, shall develop a national aviation preparedness plan for communicable disease outbreaks.(b)

Contents of plan

The plan developed under subsection (a) shall, at a minimum—(1)provide airports and air carriers with an adaptable and scalable framework with which to align the individual plans, including the emergency response plans, of such airports and air carriers and provide guidance as to each individual plan;(2)improve coordination among airports, air carriers, the Transportation Security Administration, U.S. Customs and Border Protection, the Centers for Disease Control and Prevention, other appropriate Federal entities, and State and local governments and health agencies with respect to preparing for and responding to communicable disease outbreaks;(3)to the extent practicable, improve coordination among relevant international entities;(4)create a process to identify appropriate personal protective equipment, if any, for covered employees to reduce the likelihood of exposure to a covered communicable disease, and thereafter issue recommendations for the equipage of such employees;(5)create a process to identify appropriate techniques, strategies, and protective infrastructure, if any, for the cleaning, disinfecting, and sanitization of aircraft and enclosed facilities owned, operated, or used by an air carrier or airport, and thereafter issue recommendations pertaining to such techniques, strategies, and protective infrastructure;(6)create a process to evaluate technologies and develop procedures to effectively screen passengers for communicable diseases, including through the use of temperature checks if appropriate, for domestic and international passengers, crew members, and other individuals passing through airport security checkpoints;(7)identify and assign Federal agency roles in the deployment of emerging and existing technologies and solutions to reduce covered communicable diseases in the aviation ecosystem;(8)clearly delineate the responsibilities of the sponsors and operators of airports, air carriers, and Federal agencies in responding to a covered communicable disease;(9)incorporate, as appropriate, the recommendations made by the Comptroller General of the United States to the Secretary of Transportation contained in the report titled Air Travel and Communicable Diseases: Comprehensive Federal Plan Needed for U.S. Aviation System’s Preparedness, issued in December 2015 (GAO-16-127);(10)consider the latest peer-reviewed scientific studies that address communicable disease with respect to air transportation; and(11)consider funding constraints.(c)

Consultation

When developing the plan under subsection (a), the Secretary of Transportation shall consult with aviation industry and labor stakeholders, including representatives of—(1)air carriers, which shall include domestic air carriers consisting of major air carriers, low-cost carriers, regional air carriers and cargo carriers;(2)airport operators, including with respect to large hub, medium hub, small hub, and nonhub commercial service airports;(3)labor organizations that represent airline pilots, flight attendants, air carrier airport customer service representatives, and air carrier maintenance, repair, and overhaul workers;(4)the labor organization certified under section 7111 of title 5, United States Code, as the exclusive bargaining representative of air traffic controllers of the Federal Aviation Administration;(5)the labor organization certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors of the Federal Aviation Administration;(6)trade associations representing air carriers and airports;(7)aircraft manufacturing companies;(8)general aviation; and(9)such other stakeholders as the Secretary considers appropriate.(d)

Report

Not later than 30 days after the plan is developed under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes such plan.(e)

Review of plan

Not later than 1 year after the date on which a report is submitted under subsection (d), and again not later than 5 years thereafter, the Secretary shall review the plan included in such report and, after consultation with aviation industry and labor stakeholders, make changes by rule as the Secretary considers appropriate.(f)

GAO study

Not later than 18 months after the date of enactment of this section, the Comptroller General shall conduct and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study assessing the national aviation preparedness plan developed under subsection (a), including—(1)whether such plan—(A)is responsive to any previous recommendations relating to aviation preparedness with respect to an outbreak of a covered communicable disease or global health emergency made by the Comptroller General; and(B)meets the obligations of the United States under international conventions and treaties; and(2)the extent to which the United States aviation system is prepared to respond to an outbreak of a covered communicable disease.(g)

Definitions

In this section:(1)

Covered employee

The term covered employee means—(A)an individual whose job duties require interaction with air carrier passengers on a regular and continuing basis and who is an employee of—(i)an air carrier;(ii)an air carrier contractor;(iii)an airport; or(iv)the Federal Government; or(B)an air traffic controller or systems safety specialist of the Federal Aviation Administration.(2)

Covered communicable disease

The term covered communicable disease means a communicable disease that has the potential to cause a future epidemic or pandemic of infectious disease that would constitute a public health emergency of international concern as declared, after the date of enactment of this section, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).(3)

Temperature check

The term temperature check means the screening of an individual for a fever.

106.

Aerospace Supply Chain Resiliency Task Force

(a)

In general

Not later than 90 days after the date of enactment of this section, the Secretary of Transportation shall establish the Aerospace Supply Chain Resiliency Task Force (in this section referred to as the Task Force) to—(1)identify and assess risks to United States aerospace supply chains, including the availability of raw materials and critical manufactured goods, with respect to—(A)major end items produced by the aerospace industry; and(B)the infrastructure of the National Airspace System; and(2)identify best practices and make recommendations to mitigate risks identified under paragraph (1) and support a robust United States aerospace supply chain.(b)

Membership

(1)

In general

The Secretary shall appoint not more than 21 individuals to the Task Force.(2)

Composition

In appointing individuals to the Task Force, the Secretary shall appoint:(A)At least 1 individual representing each of the following:(i)Manufacturers of aircraft.(ii)Manufacturers of avionics.(iii)Manufacturers of aircraft propulsion systems.(iv)Manufacturers of aircraft structures.(v)Manufacturers of communications, navigation, and surveillance equipment used for the provision of air traffic services.(vi)Manufacturers of commercial space transportation launch vehicles.(vii)Commercial air carriers.(viii)General aviation operators.(ix)Rotorcraft operators.(x)Unmanned aircraft system operators.(xi)Aircraft maintenance providers.(xii)Aviation safety organizations.(B)At least 1 individual representing certified labor representatives of each of the following:(i)Aircraft mechanics. (ii)Aircraft engineers. (iii)Aircraft manufacturers.(iv)Airway transportation system specialists employed by the Federal Aviation Administration.(C)Individuals with expertise in logistics, economics, supply chain management, or another field or discipline related to the resilience of industrial supply chains.(c)

Activities

In carrying out the responsibilities of the Task Force described in subsection (a), the Task Force shall—(1)engage with the aerospace industry to document trends in changes to production throughput and lead times of major end items produced by the aerospace industry;(2)determine the extent to which United States aerospace supply chains are potentially exposed to significant disturbances, including the existence of and potential for supply chain issues such as chokepoints, bottlenecks, or shortages that could prevent or inhibit the production or flow of major end items and services;(3)explore new solutions to resolve such supply chain issues identified under paragraph (2), including through the use of—(A)existing aerospace infrastructure; and(B)aerospace infrastructure, manufacturing capabilities, and production capacities in small or rural communities;(4)evaluate the potential for the introduction and integration of advanced technology to—(A)relieve such supply chain issues; and(B)fill such gaps; (5)utilize, to the maximum extent practicable, existing supply chain studies, reports, and materials in carrying out the activities described in this subsection; and(6)provide recommendations to address, manage, and relieve such supply chain issues. (d)

Meetings

(1)

In general

Except as provided in paragraph (2), the Task Force shall convene at such times and places, and by such means, as the Secretary determines to be appropriate, which may include the use of remote conference technology.(2)

Timing

The Task Force shall convene for an initial meeting not later than 120 days after the date of enactment of this section and at least every 90 days thereafter.(e)

Reports to Congress

(1)

Report of Task Force

(A)

In general

Not later than 1 year after the date of the initial meeting of the Task Force, the Task Force shall submit to the appropriate committees of Congress a report on the activities of the Task Force.(B)

Contents

The report required under subparagraph (A) shall include—(i)best practices and recommendations identified pursuant to subsection (a)(2);(ii)a detailed description of the findings of the Task Force pursuant to the activities required by subsection (c); and(iii)recommendations of the Task Force, if any, for regulatory, policy, or legislative action to improve Government efforts to reduce barriers, mitigate risk, and bolster the resiliency of United States aerospace supply chains.(2)

Report of Secretary

Not later than 180 days after the submission of the report required under paragraph (1), the Secretary shall submit a report to the appropriate committees of Congress on the status or implementation of recommendations of the Task Force included in the report required under paragraph (1).(f)

Applicable law

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.(g)

Sunset

The Task Force shall terminate upon the submission of the report required by subsection (e)(1).(h)

Definitions

In this section:(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—(A)the Committee on Transportation and Infrastructure of the House of Representatives; and(B)the Committee on Commerce, Science, and Transportation of the Senate.(2)

Major end item

The term major end item means—(A)an aircraft;(B)an aircraft engine or propulsion system; (C)communications, navigation, or surveillance equipment used in the provision of air traffic services; and(D)any other end item the manufacture and operation of which has a significant effect on air commerce, as determined by the Secretary.

107.

Covered operations elective standards

(a)

In general

Section 44729(a) of title 49, United States Code, is amended by striking covered operations until attaining 65 years of age. and inserting the following:covered operations described in subsection (b)(1) until attaining 65 years of age. Air carriers that employ pilots who serve in covered operations described in subsection (b)(2) may elect to implement an age restriction to prohibit employed pilots from serving in such covered operations after attaining 70 years of age by delivering written notice to the Administrator of the Federal Aviation Administration. Such election—(1)shall take effect 1 year after the date of delivery of written notice of the election; and(2)may not be terminated after the date on which such election takes effect by the air carrier..(b)

Covered operations

Section 44729(b) of title 49, United States Code, is amended by striking means operations under part 121 of title 14, Code of Federal Regulations. and inserting the following: means—(1)operations under part 121 of title 14, Code of Federal Regulations; or(2)operations by a person that—(A)holds an air carrier certificate issued pursuant to part 119 of title 14, Code of Federal Regulations, to conduct operations under part 135 of such title; (B)holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations; and(C)performed an aggregate total of at least 75,000 turbojet operations in calendar year 2019 or any subsequent year..(c)

Protection for compliance

An action or election taken in conformance with the amendments made by this section, or taken in conformance with a regulation issued to carry out the amendments made by this section, may not serve as a basis for liability or relief in a proceeding brought under any employment law or regulation before any court or agency of the United States or of any State or locality.

R

No TikTok on Government devices

101.

Short title

This division may be cited as the No TikTok on Government Devices Act.

102.

Prohibition on the use of TikTok

(a)

Definitions

In this section—(1)the term covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited; (2)the term executive agency has the meaning given that term in section 133 of title 41, United States Code; and (3)the term information technology has the meaning given that term in section 11101 of title 40, United States Code.(b)

Prohibition on the use of TikTok

(1)

In general

Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of National Intelligence, and the Secretary of Defense, and consistent with the information security requirements under subchapter II of chapter 35 of title 44, United States Code, shall develop standards and guidelines for executive agencies requiring the removal of any covered application from information technology.(2)

National security and research exceptions

The standards and guidelines developed under paragraph (1) shall include— (A)exceptions for law enforcement activities, national security interests and activities, and security researchers; and (B)for any authorized use of a covered application under an exception, requirements for executive agencies to develop and document risk mitigation actions for such use.

S

Oceans related matters

T

SECURE 2.0 Act of 2022

1.

Short title; etc

(a)

Short title

This division may be cited as the SECURE 2.0 Act of 2022. (b)

Amendment of 1986 Code

Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

U

Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022

1.

Short title; table of contents

(a)

Short title

This division may be cited as the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.(b)

Table of contents

The table of contents for this division is as follows:DIVISION U—Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022Sec. 1. Short title; table of contents.TITLE I—Health care mattersSubtitle A—Access to careSec. 101. Expansion of eligibility for hospital care, medical services, and nursing home care from the Department of Veterans Affairs to include veterans of World War II.Sec. 102. Department of Veterans Affairs treatment and research of prostate cancer.Subtitle B—Health care employeesSec. 111. Third party review of appointees in Veterans Health Administration who had a license terminated for cause and notice to individuals treated by those appointees if determined that an episode of care or services that they received was below the standard of care.Sec. 112. Compliance with requirements for examining qualifications and clinical abilities of health care professionals of Department of Veterans Affairs.Subtitle C—Care from non-Department of Veterans Affairs providersChapter 1—Wait times for careSec. 121. Calculation of wait time for purposes of eligibility under Veterans Community Care Program.Sec. 122. Plan regarding informing veterans of expected wait times for appointments for care.Chapter 2—Improvement of provision of careSec. 125. Modifications to access standards for care furnished through Community Care Program of Department of Veterans Affairs.Sec. 126. Strategic plan to ensure continuity of care in the case of the realignment of a medical facility of the Department.Chapter 3—Community care self-scheduling pilot programSec. 131. Definitions.Sec. 132. Pilot program establishing community care appointment self-scheduling technology.Sec. 133. Appointment self-scheduling capabilities.Sec. 134. Report.Chapter 4—Administration of non-Department careSec. 141. Credentialing verification requirements for providers of non-Department of Veterans Affairs health care services.Sec. 142. Claims for payment from Department of Veterans Affairs for emergency treatment furnished to veterans.Sec. 143. Publication of clarifying information for non-Department of Veterans Affairs providers.Sec. 144. Inapplicability of certain providers to provide non-Department of Veterans Affairs care.Subtitle D—Improvement of rural health and telehealthSec. 151. Establishment of strategic plan requirement for Office of Connected Care of Department of Veterans Affairs.Sec. 152. Comptroller General report on transportation services by third parties for rural veterans.Sec. 153. Comptroller General report on telehealth services of the Department of Veterans Affairs.Subtitle E—Care for aging veteransSec. 161. Strategy for long-term care for aging veterans.Sec. 162. Improvement of State veterans homes.Sec. 163. Geriatric psychiatry pilot program at State veterans homes.Sec. 164. Support for aging veterans at risk of or experiencing homelessness.Sec. 165. Secretary of Veterans Affairs contract authority for payment of care for veterans in non-Department of Veterans Affairs medical foster homes.Subtitle F—Foreign Medical ProgramSec. 171. Analysis of feasibility and advisability of expanding assistance and support to caregivers to include caregivers of veterans in the Republic of the Philippines.Sec. 172. Comptroller General report on Foreign Medical Program of Department of Veterans Affairs.Subtitle G—Research mattersSec. 181. Inapplicability of Paperwork Reduction Act.Sec. 182. Research and Development.Sec. 183. Expansion of hiring authorities for certain classes of research occupations.Sec. 184. Comptroller General study on dedicated research time for certain personnel of the Department of Veterans Affairs.Subtitle H—Mental health careSec. 191. Analysis of feasibility and advisability of Department of Veterans Affairs providing evidence-based treatments for the diagnosis of treatment-resistant depression.Sec. 192. Modification of resource allocation system to include peer specialists.Sec. 193. Gap analysis of psychotherapeutic interventions of the Department of Veterans Affairs.Sec. 193A. Prohibition on collection of copayments for first three mental health care outpatient visits of veterans.Subtitle I—Other mattersSec. 194. Requirement for ongoing independent assessments of health care delivery systems and management processes of the Department of Veterans Affairs.Sec. 195. Improved transparency of, access to, and usability of data provided by Department of Veterans Affairs.TITLE II—Benefits mattersSubtitle A—Benefits generallySec. 201. Improvements to process of the Department of Veterans Affairs for clothing allowance claims.Sec. 202. Medical opinions for certain veterans with service-connected disabilities who die of COVID–19.Sec. 203. Enhanced loan underwriting methods.Sec. 204. Department of Veterans Affairs loan fees.Subtitle B—EducationSec. 211. Native VetSuccess at Tribal Colleges and Universities Pilot Program.Sec. 212. Education for separating members of the Armed Forces regarding registered apprenticeships.Sec. 213. Websites regarding apprenticeship programs.Sec. 214. Transfer of entitlement to Post-9/11 Educational Assistance Program of Department of Veterans Affairs.Sec. 215. Use of entitlement under Department of Veterans Affairs Survivors’ and Dependents’ Educational Assistance Program for secondary school education.Sec. 216. Establishment of protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service.Subtitle C—GI Bill National Emergency Extended Deadline ActSec. 231. Short title.Sec. 232. Extension of time limitation for use of entitlement under Department of Veterans Affairs educational assistance programs by reason of school closures due to emergency and other situations.Sec. 233. Extension of period of eligibility by reason of school closures due to emergency and other situations under Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities.Sec. 234. Period for eligibility under Survivors' And Dependents' Educational Assistance Program of Department of Veterans Affairs.Subtitle D—Rural veterans travel enhancementSec. 241. Comptroller General of the United States report on fraud, waste, and abuse of the Department of Veterans Affairs beneficiary travel program.Sec. 242. Comptroller General study and report on effectiveness of Department of Veterans Affairs beneficiary travel program mileage reimbursement and deductible amounts.Sec. 243. Department of Veterans Affairs transportation pilot program for low income veterans.Sec. 244. Pilot program for travel cost reimbursement for accessing readjustment counseling services.Subtitle E—VA Beneficiary Debt Collection Improvement ActSec. 251. Short title.Sec. 252. Prohibition of debt arising from overpayment due to delay in processing by the Department of Veterans Affairs.Sec. 253. Prohibition on Department of Veterans Affairs interest and administrative cost charges for debts relating to certain benefits programs.Sec. 254. Extension of window to request relief from recovery of debt arising under laws administered by the Secretary of Veterans Affairs.Sec. 255. Reforms relating to recovery by Department of Veterans Affairs of amounts owed by individuals to the United States.TITLE III—Homelessness mattersSec. 301. Adjustments of grants awarded by the Secretary of Veterans Affairs for comprehensive service programs to serve homeless veterans.Sec. 302. Modifications to program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless.Sec. 303. Modifications to homeless veterans reintegration programs.Sec. 304. Expansion and extension of Department of Veterans Affairs housing assistance for homeless veterans.Sec. 305. Training and technical assistance provided by Secretary of Veterans Affairs to certain entities.Sec. 306. Modification of eligibility requirements for entities collaborating with the Secretary of Veterans Affairs to provide case management services to homeless veterans in the Department of Housing and Urban Development-Department of Veterans Affairs supported housing program.Sec. 307. Department of Veterans Affairs sharing of information relating to coordinated entry processes for housing and services operated under Department of Housing and Urban Development Continuum of Care Program.Sec. 308. Department of Veterans Affairs communication with employees responsible for homelessness assistance programs.Sec. 309. System for sharing and reporting data.Sec. 310. Pilot program on grants for health care for homeless veterans.Sec. 311. Pilot program on award of grants for substance use disorder recovery for homeless veterans.Sec. 312. Report by Comptroller General of the United States on affordable housing for veterans.Sec. 313. Study on financial and credit counseling.TITLE IV—Other mattersSec. 401. Department of Veterans Affairs supply chain resiliency.Sec. 402. Improvements to equal employment opportunity functions of Department of Veterans Affairs.Sec. 403. Department of Veterans Affairs Information Technology Reform Act of 2022.Sec. 404. Report on information technology dashboard information.Sec. 405. Improvements to transparency of law enforcement operations of Department of Veterans Affairs.Sec. 406. Plan for reduction of backlog of Freedom of Information Act requests.Sec. 407. Medal of Honor special pension technical correction.Sec. 408. Imposition of cap on employees of the Department of Veterans Affairs who provide equal employment opportunity counseling.

V

STRONG Veterans Act of 2022

1.

Short title; table of contents

(a)

Short Title

This division may be cited as the Support The Resiliency of Our Nation’s Great Veterans Act of 2022 or the STRONG Veterans Act of 2022.(b)

Table of Contents

The table of contents for this division is as follows:DIVISION V—STRONG Veterans Act of 2022Sec. 1. Short title; table of contents.TITLE I—Training to Support Veterans’ Mental HealthSec. 101. Mental health and suicide prevention outreach to minority veterans and American Indian and Alaska Native veterans.Sec. 102. Expansion of Vet Center workforce.Sec. 103. Expansion of mental health training for Department of Veterans Affairs.Sec. 104. Expansion of scholarships and loan repayment programs for mental health providers.TITLE II—Veterans Crisis LineSec. 201. Veterans Crisis Line.Subtitle A—Veterans Crisis Line Training and Quality ManagementSec. 211. Staff training.Sec. 212. Quality review and management.Sec. 213. Guidance for high-risk callers.Sec. 214. Oversight of training of social service assistants and clarification of job responsibilities.Subtitle B—Pilot Programs and Research on Veterans Crisis LineSec. 221. Pilot programs.Sec. 222. Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis Line.Subtitle C—Transition of Crisis Line NumberSec. 231. Feedback on transition of crisis line number.TITLE III—Outreach to VeteransSec. 301. Designation of Buddy Check Week by Secretary of Veterans Affairs.Sec. 302. Improvements to Veterans Justice Outreach Program.Sec. 303. Department of Veterans Affairs Governors Challenge Program.TITLE IV—Mental Health Care DeliverySec. 401. Expansion of peer specialist support program of Department of Veterans Affairs.Sec. 402. Expansion of Vet Center services.Sec. 403. Eligibility for mental health services.Sec. 404. Mental health consultations.TITLE V—ResearchSec. 501. Veterans integration to academic leadership program of the Department of Veterans Affairs.Sec. 502. Improvement of sleep disorder care furnished by Department of Veterans Affairs.Sec. 503. Study on inpatient mental health and substance use care from Department of Veterans Affairs.Sec. 504. Study on treatment from Department of Veterans Affairs for co-occurring mental health and substance use disorders.Sec. 505. Study on workload of suicide prevention teams of Department of Veterans Affairs.Sec. 506. Expansion of suicide prevention and mental health research.Sec. 507. Study on mental health and suicide prevention support for military families.Sec. 508. Research on brain health.Sec. 509. Study on efficacy of clinical and at-home resources for post-traumatic stress disorder.

W

Unleashing American Innovators Act of 2022

101.

Short title

This division may be cited as the Unleashing American Innovators Act of 2022.

102.

Definitions

In this division:(1)

Director

The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the Office.(2)

Office

The term Office means the United States Patent and Trademark Office.(3)

Patent pro bono programs

The term patent pro bono programs means the programs established pursuant to section 32 of the Leahy-Smith America Invents Act (35 U.S.C. 2 note).(4)

Southeast region of the United States

The term southeast region of the United States means the area of the United States that is comprised of the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, and Arkansas.

103.

Satellite offices

(a)

Amendments to purpose and required considerations

Section 23 of the Leahy-Smith America Invents Act (35 U.S.C. 1 note) is amended—(1)in subsection (b)—(A)in paragraph (1)— (i)by striking increase outreach activities to; and (ii)by inserting after Office the following: , including by increasing outreach activities, including to individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings; and(B)by striking paragraph (2) and inserting the following:(2)enhance patent examiner and administrative patent judge retention, including patent examiners and administrative patent judges from economically, geographically, and demographically diverse backgrounds;; and(2)in subsection (c)(1)—(A)in subparagraph (D), by striking and at the end;(B)in subparagraph (E), by striking the period at the end and inserting ; and; and(C)by adding at the end the following:(F)with respect to each office established after January 1, 2023, shall consider the proximity of the office to anchor institutions (such as hospitals primarily serving veterans and institutions of higher education), individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings..(b)

Southeast regional office

(1)

In general

Not later than 3 years after the date of enactment of this Act, the Director shall establish a satellite office of the Office in the southeast region of the United States. (2)

Considerations

When selecting a site for the office required under paragraph (1), the Director shall consider the following: (A)The number of patent-intensive industries located near the site.(B)How many research-intensive institutions, including institutions of higher education, are located near the site.(C)The State and local government legal and business frameworks that support intellectual property-intensive industries located near the site.(c)

Study on additional satellite offices

Not later than 2 years after the date of enactment of this Act, the Director shall complete a study to determine whether additional satellite offices of the Office are necessary to— (1)achieve the purposes described in section 23(b) of the Leahy-Smith America Invents Act (35 U.S.C. 1 note), as amended by this section; and(2)increase participation in the patent system by individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings.

104.

Community Outreach Offices

(a)

Establishment

(1)

In general

Subject to paragraphs (2) and (3), not later than 5 years after the date of enactment of this Act, the Director shall establish not fewer than 4 community outreach offices throughout the United States. (2)

Restriction

No community outreach office established under paragraph (1) may be located in the same State as— (A)the principal office of the Office; or (B)any satellite office of the Office.(3)

Requirement for Northern New England region

(A)

In general

The Director shall establish not less than 1 community outreach office under this subsection in the northern New England region, which shall serve the States of Vermont, New Hampshire, and Maine. (B)

Considerations

In determining the location for the office required to be established under subparagraph (A), the Director shall give preference to a location in which—(i)as of the date of enactment of this Act— (I)there is located not less than 1 public institution of higher education and not less than 1 private institution of higher education; and(II)there are located not more than 15 registered patent attorneys, according to data from the Office of Enrollment and Discipline of the Office; and(ii)according to data from the 2012 Survey of Business Owners conducted by the Bureau of the Census, less than 45 percent of the firms (as that term is defined for the purposes of that Survey) are owned by women, minorities, or veterans.(b)

Purposes

The purposes of the community outreach offices established under subsection (a) are to—(1)further achieve the purposes described in section 23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 1 note), as amended by this division;(2)partner with local community organizations, institutions of higher education, research institutions, and businesses to create community-based programs that— (A)provide education regarding the patent system; and (B)promote the career benefits of innovation and entrepreneurship; and(3)educate prospective inventors, including individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings, about all public and private resources available to potential patent applicants, including the patent pro bono programs.

105.

Updates to the patent pro bono programs

(a)

Study and updates

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Director shall— (A)complete a study of the patent pro bono programs; and(B)submit the results of the study required under subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.(2)

Scope of the study

The study required under paragraph (1)(A) shall—(A)assess—(i)whether the patent pro bono programs, as in effect on the date on which the study is commenced, are sufficiently serving prospective and existing participants;(ii)whether the patent pro bono programs are sufficiently funded to serve prospective participants;(iii)whether any participation requirement of the patent pro bono programs, including any requirement to demonstrate knowledge of the patent system, serves as a deterrent for prospective participants;(iv)the degree to which prospective inventors are aware of the patent pro bono programs;(v)what factors, if any, deter attorneys from participating in the patent pro bono programs; (vi)whether the patent pro bono programs would be improved by expanding those programs to include non-attorney advocates; and(vii)any other issue the Director determines appropriate; and(B)make recommendations for such administrative and legislative action as may be appropriate.(b)

Use of results

Upon completion of the study required under subsection (a), the Director shall work with the Pro Bono Advisory Council, the operators of the patent pro bono programs, and intellectual property law associations across the United States to update the patent pro bono programs in response to the findings of the study.(c)

Expansion of income eligibility

(1)

In general

The Director shall work with and support, including by providing financial support to, existing patent pro bono programs and intellectual property law associations across the United States to expand eligibility for the patent pro bono programs to an individual living in a household, the gross household income of which is not more than 400 percent of the Federal poverty line.(2)

Rule of construction

Nothing in paragraph (1) may be construed to prevent a patent pro bono program from electing to establish a higher eligibility level, as compared to the level described in that paragraph.

106.

Pre-prosecution assessment pilot program

(a)

Pilot program

Not later than 1 year after the date of enactment of this Act, the Director shall establish a pilot program to assist first-time prospective patent applicants in assessing the strengths and weaknesses of a potential patent application submitted by such a prospective applicant.(b)

Considerations

In developing the pilot program required under subsection (a), the Director shall establish—(1)a notification process to notify a prospective patent applicant seeking an assessment described in that subsection that any assessment so provided may not be considered an official ruling of patentability from the Office;(2)conditions to determine eligibility for the pilot program, taking into consideration available resources;(3)reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospective patent applicant;(4)procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono programs; and(5)procedures to protect the confidentiality of the information disclosed by prospective patent applicants.

107.

Fee reduction for small and micro entities

(a)

Title 35

Section 41(h) of title 35, United States Code, is amended—(1)in paragraph (1), by striking 50 percent and inserting 60 percent; and (2)in paragraph (3), by striking 75 percent and inserting 80 percent.(b)

False certifications

Title 35, United States Code, is amended—(1)in section 41, by adding at the end the following:(j)

Penalty for false assertions

In addition to any other penalty available under law, an entity that is found to have falsely asserted entitlement to a fee reduction under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false assertion, whether the Director discovers the false assertion before or after the date on which a patent has been issued.; and(2)in section 123, by adding at the end the following:(f)

Penalty for false certifications

In addition to any other penalty available under law, an entity that is found to have falsely made a certification under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false certification, whether the Director discovers the false certification before or after the date on which a patent has been issued..(c)

Leahy-Smith America Invents Act

Section 10(b) of the Leahy Smith America Invents Act (35 U.S.C. 41 note) is amended— (1)by striking 50 percent and inserting 60 percent; and(2)by striking 75 percent and inserting 80 percent.(d)

Study on fees

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Director shall—(A)complete a study of the fees charged by the Office; and(B)submit the results of the study required under subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.(2)

Scope of study

The study required under paragraph (1)(A) shall—(A)assess whether—(i)fees for small and micro entities are inhibiting the filing of patent applications by those entities;(ii)fees for examination should approximately match the costs of examination and what incentives are created by using maintenance fees to cover the costs of examination; and(iii)the results of the assessments performed under clauses (i) and (ii) counsel in favor of changes to the fee structure of the Office, such as— (I)raising standard application and examination fees;(II)reducing standard maintenance fees; and(III)reducing the fees for small and micro entities as a percentage of standard application fees; and(B)make recommendations for such administrative and legislative action as may be appropriate.

X

Extension of authorization for special assessment for domestic trafficking victims' fund

101.

Extension of authorization for special assessment for domestic trafficking victims’ fund

Section 3014(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking December 23, 2022 and inserting December 23, 2024.

Y

CONTRACT Act of 2022

101.

Short title

This division may be cited as the Continuity for Operators with Necessary Training Required for ATC Contract Towers Act of 2022 or the CONTRACT Act of 2022.

102.

Annuity supplement

Section 8421a(c) of title 5, United States Code, is amended—(1)by striking as an air traffic and inserting the following:as an—(1)air traffic;(2)in paragraph (1), as so designated, by striking the period at the end and inserting ; or; and(3)by adding at the end the following:(2)air traffic controller pursuant to a contract made with the Secretary of Transportation under section 47124 of title 49..

Z

COVS Act

101.

Short title

This division may be cited as the Computers for Veterans and Students Act of 2022 or the COVS Act.

102.

Findings

Congress finds the following:(1)Access to computers and computer technology is indispensable for success in the 21st century. Millions of Americans do not regularly use a computer and research shows that substantial disparities remain in both internet use and the quality of access, with the digital divide concentrated among older, less educated, less affluent populations, especially veterans, low-income students, and senior citizens.(2)The COVID–19 pandemic has highlighted the gap between those with computer access and those without. Millions of students, their families, and workers from across the economy were unable to do schoolwork, work remotely from home, or connect to loved ones and their communities because of the digital divide.(3)Any Federal program that distributes surplus, repairable Federal computers or technology equipment would benefit from a partnership with a nonprofit organization whose mission is bridging the digital divide.

103.

Refurbishment and distribution of surplus computers and technology equipment

(a)

In general

Subchapter III of chapter 5 of title 40, United States Code, is amended by inserting after section 549 the following:

549a.

Donation of personal property through nonprofit refurbishers

(a)

Authorization

Not later than 30 days after the date on which the Administrator provides State agencies for surplus property an opportunity to review surplus computer or technology equipment under section 549, the Administrator shall, as appropriate, transfer full title to such surplus computer or technology equipment that is determined to be eligible under subsection (b)(1) to nonprofit computer refurbishers for repair, distribution, and subsequent transfer of full title of the equipment to eligible recipients under this section.(b)

Eligibility, participation, and duties

(1)

Eligibility

Surplus computer or technology equipment is eligible for transfer under this section if a Federal agency determines that—(A)the surplus computer or technology equipment is repairable; and(B)the surplus computer or technology equipment meets the Guidelines for Media Sanitization issued by the National Institute of Standards and Technology (NIST Special Publication 800–88), or any successor thereto. (2)

Participation

The Administrator may establish partnerships with nongovernmental entities, at no cost and through cooperative agreements, to facilitate the identification and participation of nonprofit computer refurbishers under this section.(3)

Duties of refurbishers

A nonprofit computer refurbisher that receives surplus computer or technology equipment under this section shall—(A)make necessary repairs to restore the surplus computer or technology equipment to working order;(B)distribute the repaired surplus computer or technology equipment to eligible recipients at no cost, except to the extent—(i)necessary to facilitate shipping and handling of such equipment; and (ii)that such cost is consistent with any regulations promulgated by the Administrator under subsection (d);(C)offer training programs on the use of the repaired computers and technology equipment for the recipients of the equipment; and(D)use recyclers to the maximum extent practicable in the event that surplus computer or technology equipment transferred under this section cannot be repaired or reused.(c)

Reporting requirements

(1)

Refurbisher reports

A nonprofit computer refurbisher that receives surplus computer or technology equipment under this section shall provide the Administrator with any information the Administrator determines to be necessary for required reporting— (A)including information about the distribution of such equipment; and(B)which shall not include any personal identifying information about the recipient of such equipment apart from whether a recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran for the purposes of eligibility under this section. (2)

Administrator reports

Annually and consistent with reporting requirements for transfers of Federal personal property to non-Federal entities, the Administrator shall submit to Congress and make publicly available a report that includes, for the period covered by the report—(A)a description of the efforts of the Administrator under this section; (B)a list of nongovernmental entities with which the Administrator had a partnership described in subsection (b)(2);(C)a list of nonprofit computer refurbishers that received, made repairs to, and distributed surplus computer and technology equipment, including disclosure of any foreign ownership interest in a nonprofit computer refurbisher; and(D)a list of donated and subsequently repaired surplus computer or technology equipment identifying—(i)the Federal agency that donated the surplus computer or technology equipment;(ii)the State and county (or similar unit of local government) where the recipient is located; and(iii)whether the recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran. (3)

Agency reports

Not later than 5 years after the date of enactment of this section, and annually thereafter, the head of each Federal agency shall make publicly available a report on the number of pieces of repairable surplus computer or technology equipment that were sent to recycling, abandoned, or destroyed.(d)

Regulations

The Administrator shall issue regulations that are necessary and appropriate to implement this section, including—(1)allowing nonprofit computer refurbishers to assess nominal fees (which shall not exceed fair market value) on recipients of refurbished surplus computer or technology equipment to facilitate shipping and handling of the surplus computer or technology equipment;(2)determining, in coordination with other relevant Federal agencies, eligibility and certification requirements for nongovernmental entities and nonprofit computer refurbishers to participate in the program established under this section, including whether the participation of a nongovernmental entity or nonprofit computer refurbisher poses any actual or potential harm to the national security interests of the United States; (3)establishing an efficient process for identifying eligible recipients; and(4)determining appropriate recyclers to dispose of surplus computer or technology equipment if it cannot be repaired or refurbished under this section. (e)

Judicial review

Nothing in this section shall be construed to create any substantive or procedural right or benefit enforceable by law by a party against the United States, its agencies, its officers, or its employees.(f)

Rule of construction

Nothing in this section may be construed to supersede the requirements of the Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480; 15 U.S.C. 3701 et seq.). (g)

Definitions

In this section: (1)

Administrator

The term Administrator means the Administrator of General Services. (2)

Digital divide

The term digital divide means the gap between those who have an internet-connected computer and the skills to use the computer and those who do not.(3)

Disability

The term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).(4)

Educational institution

The term educational institution means—(A)any public or private child care center, preschool, elementary school, secondary school, accredited institution of vocational or professional education, or institution of higher education;(B)in the case of an accredited institution of vocational or professional education or an institution of higher education composed of more than 1 school, college, or department that is administratively a separate unit, each such school, college, or department; and(C)a home school (whether treated as a home school or private school for the purposes of applicable State law).(5)

Eligible recipient

The term eligible recipient means an educational institution, individual with a disability, low-income individual, student, senior in need, or veteran that is residing or based in the United States.(6)

Institution of higher education

The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).(7)

Low-income individual

The term low-income individual has the meaning given that term in section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689).(8)

Nongovernmental entity

The term nongovernmental entity means an organization or group of organizations that— (A)are not part of a Federal, State, local, Tribal, or territorial government; and (B)are nonprofit computer refurbishers or other industry participants that—(i)primarily work to improve access to information and communication technology in their mission to bridge the digital divide through coordination and oversight of computer refurbishment and repair; and(ii)operate in the United States. (9)

Nonprofit computer refurbisher

The term nonprofit computer refurbisher means a nonprofit organization that— (A)primarily works to improve access to information and communication technology in their mission to bridge the digital divide; and(B)operates in the United States.(10)

Nonprofit organization

The term nonprofit organization means an organization that is described under section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (11)

Repairable

The term repairable means property that is unusable in its current state but can be economically repaired. (12)

Secondary school

The term secondary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(13)

Senior

The term senior means an individual who is 65 years of age or older.(14)

Senior in need

The term senior in need means a senior who experiences cultural, social, or geographical isolation that—(A)restricts the ability of the senior to perform normal daily tasks; or(B)threatens the capacity of the senior to live independently.(15)

State agency for surplus property

The term State agency for surplus property has the meaning given the term state agency under section 549(a).(16)

Student

The term student means any individual enrolled in an educational institution, but not a public or private child care center.(17)

Surplus computer or technology equipment

The term surplus computer or technology equipment means computer or technology equipment that is property described under section 549(b)(2).(18)

Technology equipment

The term technology equipment means any physical asset related to a computer or information technology, including any peripheral component, tablet, communication device (such as a router, server, or cell phone), printer, scanner, uninterruptible power source, cable, or connection.(19)

Veteran

The term veteran has the meaning given that term in section 101 of title 38.

.(b)

Conforming amendment

The table of sections for chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 549 the following: 549a. Donation of personal property through nonprofit refurbishers..

AA

Financial services matters

BB

Consumer Protection and Commerce

CC

Water related matters

101.

Extension of authorizations related to fish recovery programs

Section 3 of Public Law 106–392 (114 Stat. 1603; 123 Stat. 1310) is amended—(1)by striking 2023 each place it appears and inserting 2024;(2)in subsection (b)(1), by striking $179,000,000 and inserting $184,000,000;(3)in subsection (b)(2), by striking $30,000,000 and inserting $25,000,000;(4)in subsection (h), by striking , at least 1 year prior to such expiration,; and(5)in subsection (j), by striking 2021 each place it appears and inserting 2022.

102.

Colorado River System conservation pilot program

Section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113–235), is amended—(1)in subsection (b)(2), by striking additional funds and inserting funds for new water conservation agreements or;(2)in subsection (c)(2), by striking 2022 and inserting 2024; and(3)in subsection (d), by striking 2018 and inserting 2025.

103.

Salton Sea projects

Section 1101 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4661) is amended—(1)by redesignating subsections (b) through (d) as subsections (c) through (e), respectively;(2)by inserting after subsection (a) the following:(b)

Additional project authorities

(1)

In general

The Secretary of the Interior, acting through the Commissioner of Reclamation, may provide grants and enter into contracts and cooperative agreements to carry out projects located in the area of the Salton Sea in southern California to mitigate impacts from dust from dry and drying lakebeds and to improve fish and wildlife habitat, recreational opportunities, and water quality, in partnership with—(A)State, Tribal, and local governments;(B)water districts;(C)joint powers authorities, including the Salton Sea Authority;(D)nonprofit organizations; and(E)institutions of higher education.(2)

Included activities

The projects described in paragraph (1) may include—(A)construction, operation, maintenance, permitting, and design activities required for the projects; and(B)dust suppression projects.; and(3)in subsection (c) (as so redesignated), by striking project referred to in subsection (a) and inserting projects referred to in subsections (a) and (b).

104.

Authorization of Sun River project, Montana

(a)

Authorization

The Secretary, acting through the Commissioner of Reclamation and pursuant to the reclamation laws, may construct, operate, and maintain facilities in the Sun River project, Montana, for the purpose of hydroelectric power generation.(b)

Effect

The authorization under subsection (a) shall—(1)be in addition to any other authorizations for the Sun River project under existing law; and(2)not limit, restrict, or alter operations of the Sun River project in a manner that would be adverse to the satisfaction of valid existing water rights or water deliveries to the holder of any valid water service contract.

105.

Eligibility under the Infrastructure Investment and Jobs Act of small water storage and groundwater storage projects

Section 40903(b)(1)(B)(i) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3203(b)(1)(B)(i)) is amended by striking 2,000 and inserting 200.

DD

Public land management

1.

Definition of Secretary

In this division, the term Secretary means the Secretary of the Interior.

EE

Post office designations

101.

Coya Knutson Post Office

(a)

Designation

The facility of the United States Postal Service located at 202 2nd Avenue in Oklee, Minnesota, shall be known and designated as the Coya Knutson Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Coya Knutson Post Office.

102.

Robert Smalls Post Office

(a)

Designation

The facility of the United States Postal Service located at 11 Robert Smalls Parkway Suite C in Beaufort, South Carolina, shall be known and designated as the Robert Smalls Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Robert Smalls Post Office.

103.

Robert J. Dole Memorial Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 135 West Wisconsin Street in Russell, Kansas, shall be known and designated as the Robert J. Dole Memorial Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Robert J. Dole Memorial Post Office Building.

104.

Charles E. Fraser Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 10 Bow Circle in Hilton Head Island, South Carolina, shall be known and designated as the Charles E. Fraser Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Charles E. Fraser Post Office Building.

105.

Harriet Tubman Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 501 Charles Street in Beaufort, South Carolina, shall be known and designated as the Harriet Tubman Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Harriet Tubman Post Office Building.

106.

Corporal Benjamin Desilets Post Office

(a)

Designation

The facility of the United States Postal Service located at 114 North Magnolia Street in Elmwood, Illinois, shall be known and designated as the Corporal Benjamin Desilets Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Corporal Benjamin Desilets Post Office.

107.

Sgt. Jeremy C. Sherman Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 101 West Walnut Street in Watseka, Illinois, shall be known and designated as the Sgt. Jeremy C. Sherman Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sgt. Jeremy C. Sherman Post Office Building.

108.

Sergeant Bret D. Isenhower Memorial Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 120 East Oak Avenue in Seminole, Oklahoma, shall be known and designated as the Sergeant Bret D. Isenhower Memorial Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sergeant Bret D. Isenhower Memorial Post Office Building.

109.

Cottle Centanni Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 4770 Eureka Avenue in Yorba Linda, California, shall be known and designated as the Cottle Centanni Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Cottle Centanni Post Office Building.

110.

Captain Robert C. Harmon and Private John R. Peirson Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 430 South Knowles Avenue in New Richmond, Wisconsin, shall be known and designated as the Captain Robert C. Harmon and Private John R. Peirson Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Captain Robert C. Harmon and Private John R. Peirson Post Office Building.

111.

Corporal Mitchell Red Cloud, Jr. Post Office

(a)

Designation

The facility of the United States Postal Service located at 619 Hewett Street in Neillsville, Wisconsin, shall be known and designated as the Corporal Mitchell Red Cloud, Jr. Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Corporal Mitchell Red Cloud, Jr. Post Office.

112.

Corporal Joseph Rodney Chapman Post Office

(a)

Designation

The facility of the United States Postal Service located at 415 High Street in Freeport, Pennsylvania, shall be known and designated as the Corporal Joseph Rodney Chapman Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Corporal Joseph Rodney Chapman Post Office.

113.

Harold Billow Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 1 East Main Street in Mount Joy, Pennsylvania, shall be known and designated as the Harold Billow Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Harold Billow Post Office Building.

114.

Romuald Bud Brzezinski Post Office

(a)

Designation

The facility of the United States Postal Service located at N4805 State Highway 32 in Krakow, Wisconsin, shall be known and designated as the Romuald Bud Brzezinski Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Romuald Bud Brzezinski Post Office.

115.

Mitchell F. Lundgaard Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 410 Franklin Street in Appleton, Wisconsin, shall be known and designated as the Mitchell F. Lundgaard Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Mitchell F. Lundgaard Post Office Building.

116.

Judge James Perez Post Office

(a)

Designation

The facility of the United States Postal Service located at 615 North Bush Street in Santa Ana, California, shall be known and designated as the Judge James Perez Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Judge James Perez Post Office.

117.

Change of address for Marilyn Monroe Post Office

Section 1 of Public Law 116–80 is amended to read as follows:

1.

Marilyn Monroe Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 15701 Sherman Way in Van Nuys, California, shall be known and designated as the Marilyn Monroe Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Marilyn Monroe Post Office Building.

.

118.

Jesus Antonio Collazos Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 2200 North George Mason Drive in Arlington, Virginia, shall be known and designated as the Jesus Antonio Collazos Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Jesus Antonio Collazos Post Office Building.

119.

Esteban E. Torres Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 396 South California Avenue in West Covina, California, shall be known and designated as the Esteban E. Torres Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Esteban E. Torres Post Office Building.

120.

District of Columbia Servicemembers and Veterans Post Office

(a)

Designation

The facility of the United States Postal Service located at 400 Southern Avenue Southeast in Washington, District of Columbia, shall be known and designated as the District of Columbia Servicemembers and Veterans Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the District of Columbia Servicemembers and Veterans Post Office.

121.

Army Specialist Joseph Joey W. Dimock II Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 75 Commerce Drive in Grayslake, Illinois, shall be known and designated as the Army Specialist Joseph Joey W. Dimock II Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Army Specialist Joseph Joey W. Dimock II Post Office Building.

122.

Corporal Hunter Lopez Memorial Post Office Building

(a)

Designation

The facility of the United States Postal Service located at 79125 Corporate Centre Drive in La Quinta, California, shall be known and designated as the Corporal Hunter Lopez Memorial Post Office Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Corporal Hunter Lopez Memorial Post Office Building.

123.

Chief Rudy Banuelos Post Office

(a)

Designation

The facility of the United States Postal Service located at 123 South 3rd Street in King City, California, shall be known and designated as the Chief Rudy Banuelos Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Chief Rudy Banuelos Post Office.

124.

Chairman Richard Milanovich Post Office

(a)

Designation

The facility of the United States Postal Service located at 333 North Sunrise Way in Palm Springs, California, shall be known and designated as the Chairman Richard Milanovich Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Chairman Richard Milanovich Post Office.

125.

U.S. Senator Dennis Chávez Post Office

(a)

Designation

The facility of the United States Postal Service located at 400 North Main Street in Belen, New Mexico, shall be known and designated as the U.S. Senator Dennis Chávez Post Office.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the U.S. Senator Dennis Chávez Post Office.

FF

Health and Human Services

1.

Short title

This division may be cited as the Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022.

2.

Table of contents

The table of contents for this division is as follows:DIVISION FF—Health and Human ServicesSec. 1. Short title.Sec. 2. Table of contents.TITLE I—Restoring Hope for Mental Health and Well-BeingSec. 1001. Short title.Subtitle A—Mental Health and Crisis Care NeedsChapter 1—Crisis Care Services and 9–8–8 ImplementationSec. 1101. Behavioral Health Crisis Coordinating Office.Sec. 1102. Crisis response continuum of care.Sec. 1103. Suicide Prevention Lifeline Improvement.Chapter 2—Into the Light for Maternal Mental Health and Substance Use DisordersSec. 1111. Screening and treatment for maternal mental health and substance use disorders.Sec. 1112. Maternal mental health hotline.Sec. 1113. Task force on maternal mental health.Sec. 1114. Residential treatment program for pregnant and postpartum women pilot program reauthorization.Chapter 3—Reaching Improved Mental Health Outcomes for Patients Sec. 1121. Innovation for mental health.Sec. 1122. Crisis care coordination.Sec. 1123. Treatment of serious mental illness.Sec. 1124. Study on the costs of serious mental illness.Chapter 4—Anna Westin LegacySec. 1131. Maintaining education and training on eating disorders.Chapter 5—Community Mental Health Services Block Grant ReauthorizationSec. 1141. Reauthorization of block grants for community mental health services.Chapter 6—Peer-Supported Mental Health ServicesSec. 1151. Peer-supported mental health services.Subtitle B—Substance Use Disorder Prevention, Treatment, and Recovery ServicesChapter 1—Native Behavioral Health ResourcesSec. 1201. Behavioral health and substance use disorder resources for Native Americans.Chapter 2—Summer Barrow Prevention, Treatment, and RecoverySec. 1211. Grants for the benefit of homeless individuals.Sec. 1212. Priority substance use disorder treatment needs of regional and national significance.Sec. 1213. Evidence-based prescription opioid and heroin treatment and interventions demonstration.Sec. 1214. Priority substance use disorder prevention needs of regional and national significance.Sec. 1215. Sober Truth on Preventing (STOP) Underage Drinking Reauthorization.Sec. 1216. Grants for jail diversion programs.Sec. 1217. Formula grants to States.Sec. 1218. Projects for Assistance in Transition From Homelessness.Sec. 1219. Grants for reducing overdose deaths.Sec. 1220. Opioid overdose reversal medication access and education grant programs.Sec. 1221. Emergency department alternatives to opioids.Chapter 3—Excellence in Recovery HousingSec. 1231. Clarifying the role of SAMHSA in promoting the availability of high-quality recovery housing.Sec. 1232. Developing guidelines for States to promote the availability of high-quality recovery housing.Sec. 1233. Coordination of Federal activities to promote the availability of recovery housing.Sec. 1234. National Academies of Sciences, Engineering, and Medicine study and report.Sec. 1235. Grants for States to promote the availability of recovery housing and services.Sec. 1236. Funding.Sec. 1237. Technical correction.Chapter 4—Substance Use Prevention, Treatment, and Recovery Services Block GrantSec. 1241. Eliminating stigmatizing language relating to substance use.Sec. 1242. Authorized activities.Sec. 1243. State plan requirements.Sec. 1244. Updating certain language relating to Tribes.Sec. 1245. Block grants for substance use prevention, treatment, and recovery services.Sec. 1246. Requirement of reports and audits by States.Sec. 1247. Study on assessment for use of State resources.Chapter 5—Timely Treatment for Opioid Use DisorderSec. 1251. Study on exemptions for treatment of opioid use disorder through opioid treatment programs during the COVID–19 public health emergency.Sec. 1252. Changes to Federal opioid treatment standards.Chapter 6—Additional Provisions Relating to Addiction TreatmentSec. 1261. Prohibition.Sec. 1262. Eliminating additional requirements for dispensing narcotic drugs in schedule III, IV, and V for maintenance or detoxification treatment.Sec. 1263. Requiring prescribers of controlled substances to complete training.Sec. 1264. Increase in number of days before which certain controlled substances must be administered.Chapter 7—Opioid Crisis ResponseSec. 1271. Opioid prescription verification.Sec. 1272. Synthetic opioid and emerging drug misuse danger awareness.Sec. 1273. Grant program for State and Tribal response to opioid use disorders.Subtitle C—Access to Mental Health Care and CoverageChapter 1—Improving Uptake and Patient Access to Integrated Care ServicesSec. 1301. Improving uptake and patient access to integrated care services.Chapter 2—Helping Enable Access to Lifesaving ServicesSec. 1311. Reauthorization and provision of certain programs to strengthen the health care workforce.Sec. 1312. Reauthorization of minority fellowship program.Chapter 3—Eliminating the Opt-Out for Nonfederal Governmental Health PlansSec. 1321. Eliminating the opt-out for nonfederal governmental health plans.Chapter 4—Mental health and substance use disorder parity implementationSec. 1331. Grants to support mental health and substance use disorder parity implementation.Subtitle D—Children and YouthChapter 1—Supporting Children’s Mental Health Care AccessSec. 1401. Technical assistance for school-based health centers.Sec. 1402. Infant and early childhood mental health promotion, intervention, and treatment.Sec. 1403. Co-occurring chronic conditions and mental health in youth study.Sec. 1404. Best practices for behavioral and mental health intervention teams.Chapter 2—Continuing Systems of Care for ChildrenSec. 1411. Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances.Sec. 1412. Substance Use Disorder Treatment and Early Intervention Services for Children and Adolescents.Chapter 3—Garrett Lee Smith Memorial ReauthorizationSec. 1421. Suicide prevention technical assistance center.Sec. 1422. Youth suicide early intervention and prevention strategies.Sec. 1423. Mental health and substance use disorder services for students in higher education.Sec. 1424. Mental and behavioral health outreach and education at institutions of higher education.Chapter 4—Media and Mental HealthSec. 1431. Study on the effects of smartphone and social media use on adolescents.Sec. 1432. Research on the health and development effects of media and related technology on infants, children, and adolescents.Subtitle E—Miscellaneous ProvisionsSec. 1501. Limitations on authority.TITLE II—Preparing For and Responding to Existing Viruses, Emerging New Threats, and PandemicsSec. 2001. Short title.Subtitle A—Strengthening Federal and State preparednessChapter 1—Federal leadership and accountabilitySec. 2101. Appointment and authority of the Director of the Centers for Disease Control and Prevention.Sec. 2102. Advisory committee to the director of the centers for disease control and prevention.Sec. 2103. Public health and medical preparedness and response coordination.Sec. 2104. Office of Pandemic Preparedness and Response Policy.Chapter 2—State and local readinessSec. 2111. Improving State and local public health security.Sec. 2112. Supporting access to mental health and substance use disorder services during public health emergencies.Sec. 2113. Trauma care reauthorization.Sec. 2114. Assessment of containment and mitigation of infectious diseases.Sec. 2115. Consideration of unique challenges in noncontiguous States and territories.Subtitle B—Improving public health preparedness and response capacityChapter 1—Improving public health emergency responsesSec. 2201. Addressing factors related to improving health outcomes.Chapter 2—Improving State, local, and Tribal public health dataSec. 2211. Modernizing State, local, and Tribal biosurveillance capabilities and infectious disease data.Sec. 2212. Genomic sequencing, analytics, and public health surveillance of pathogens.Sec. 2213. Supporting State, local, and Tribal public health data.Sec. 2214. Epidemic forecasting and outbreak analytics.Sec. 2215. Public health data transparency.Sec. 2216. GAO report on public health preparedness, response, and recovery data capabilities.Chapter 3—Revitalizing the public health workforceSec. 2221. Improving recruitment and retention of the frontline public health workforce.Sec. 2222. Awards to support community health workers and community health.Sec. 2223. Improving public health emergency response capacity.Sec. 2224. Increasing educational opportunities for allied health professions.Sec. 2225. Public Health Service Corps annual and sick leave.Sec. 2226. Leadership exchange pilot for public health and medical preparedness and response positions at the Department of Health and Human Services.Sec. 2227. Continuing educational support for health professionals serving in rural and underserved communities.Chapter 4—Enhancing public health preparedness and responseSec. 2231. Centers for public health preparedness and response.Sec. 2232. Vaccine distribution plans.Sec. 2233. Coordination and collaboration regarding blood supply.Sec. 2234. Supporting laboratory capacity and international collaboration to address antimicrobial resistance.Sec. 2235. One Health framework.Sec. 2236. Supporting children during public health emergencies.Subtitle C—Accelerating research and countermeasure discoveryChapter 1—Fostering research and development and improving coordinationSec. 2301. Research centers for pathogens of pandemic concern.Sec. 2302. Improving medical countermeasure research coordination.Sec. 2303. Accessing specimen samples and diagnostic tests.Sec. 2304. National Academies of Sciences, Engineering, and Medicine study on natural immunity in relation to the COVID–19 pandemic.Chapter 2—Improving biosafety and biosecuritySec. 2311. Improving control and oversight of select biological agents and toxins.Sec. 2312. Strategy for Federal high-containment laboratories.Sec. 2313. National Science Advisory Board for Biosecurity.Sec. 2314. Research to improve biosafety.Sec. 2315. Federally-funded research with enhanced pathogens of pandemic potential.Chapter 3—Preventing undue foreign influence in biomedical researchSec. 2321. Foreign talent recruitment programs.Sec. 2322. Securing identifiable, sensitive information and addressing other national security risks related to research.Sec. 2323. Duties of the Director.Sec. 2324. Protecting America’s biomedical research enterprise.Sec. 2325. GAO Study.Sec. 2326. Report on progress to address undue foreign influence.Chapter 4—Advanced Research Projects Agency–HealthSec. 2331. Advanced Research Projects Agency–Health.Subtitle D—Modernizing and strengthening the supply chain for vital medical productsSec. 2401. Warm base manufacturing capacity for medical countermeasures.Sec. 2402. Supply chain considerations for the Strategic National Stockpile.Sec. 2403. Strategic National Stockpile equipment maintenance.Sec. 2404. Improving transparency and predictability of processes of the Strategic National Stockpile.Sec. 2405. Improving supply chain flexibility for the Strategic National Stockpile.Sec. 2406. Reimbursement for certain supplies.Sec. 2407. Action reporting on stockpile depletion.Sec. 2408. Provision of medical countermeasures to Indian programs and facilities.Sec. 2409. Grants for State strategic stockpiles.Sec. 2410. Study on incentives for domestic production of generic medicines.Sec. 2411. Increased manufacturing capacity for certain critical antibiotic drugs.Subtitle E—Enhancing development and combating shortages of medical productsChapter 1—Development and reviewSec. 2501. Accelerating countermeasure development and review.Sec. 2502. Third party test evaluation during emergencies.Sec. 2503. Platform technologies.Sec. 2504. Increasing EUA decision transparency.Sec. 2505. Improving FDA guidance and communication.Chapter 2—Mitigating shortagesSec. 2511. Ensuring registration of foreign drug and device manufacturers.Sec. 2512. Extending expiration dates for certain drugs.Sec. 2513. Combating counterfeit devices.Sec. 2514. Preventing medical device shortages.Sec. 2515. Technical corrections.TITLE III—Food and Drug AdministrationSec. 3001. Short title.Sec. 3002. Definition.Subtitle A—ReauthorizationsSec. 3101. Reauthorization of the critical path public-private partnership.Sec. 3102. Reauthorization of the best pharmaceuticals for children program.Sec. 3103. Reauthorization of the humanitarian device exemption incentive.Sec. 3104. Reauthorization of the pediatric device consortia program.Sec. 3105. Reauthorization of provision pertaining to drugs containing single enantiomers.Sec. 3106. Reauthorization of certain device inspections.Sec. 3107. Reauthorization of orphan drug grants.Sec. 3108. Reauthorization of reporting requirements related to pending generic drug applications and priority review applications.Sec. 3109. Reauthorization of third-party review program.Subtitle B—Drugs and BiologicsChapter 1—Research, Development, and Competition ImprovementsSec. 3201. Prompt reports of marketing status by holders of approved applications for biological products.Sec. 3202. Improving the treatment of rare diseases and conditions.Sec. 3203. Emerging technology program.Sec. 3204. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing.Sec. 3205. Public workshop on cell therapies.Sec. 3206. Clarifications to exclusivity provisions for first interchangeable biosimilar biological products.Sec. 3207. GAO report on nonprofit pharmaceutical organizations.Sec. 3208. Rare disease endpoint advancement pilot program.Sec. 3209. Animal testing alternatives.Sec. 3210. Modernizing accelerated approval.Sec. 3211. Antifungal research and development.Sec. 3212. Advancing qualified infectious disease product innovation.Sec. 3213. Advanced manufacturing technologies designation program.Chapter 2—Transparency, Program Integrity, and Regulatory ImprovementsSec. 3221. Safer disposal of opioids.Sec. 3222. Therapeutic equivalence evaluations.Sec. 3223. Public docket on proposed changes to third-party vendors.Sec. 3224. Enhancing access to affordable medicines.Subtitle C—Medical DevicesSec. 3301. Dual submission for certain devices.Sec. 3302. Medical Devices Advisory Committee meetings.Sec. 3303. GAO report on third-party review.Sec. 3304. Certificates to foreign governments.Sec. 3305. Ensuring cybersecurity of medical devices.Sec. 3306. Bans of devices for one or more intended uses.Sec. 3307. Third party data transparency.Sec. 3308. Predetermined change control plans for devices.Sec. 3309. Small business fee waiver.Subtitle D—Infant FormulaSec. 3401. Protecting infants and improving formula supply.Subtitle E—CosmeticsSec. 3501. Short title.Sec. 3502. Amendments to cosmetic requirements.Sec. 3503. Enforcement and conforming amendments.Sec. 3504. Records inspection.Sec. 3505. Talc-containing cosmetics.Sec. 3506. PFAS in cosmetics.Sec. 3507. Sense of the Congress on animal testing.Sec. 3508. Funding.Subtitle F—Cross-Cutting ProvisionsChapter 1—Clinical trial diversity and modernizationSec. 3601. Diversity action plans for clinical studies.Sec. 3602. Guidance on diversity action plans for clinical studies.Sec. 3603. Public workshops to enhance clinical study diversity.Sec. 3604. Annual summary report on progress to increase diversity in clinical studies.Sec. 3605. Public meeting on clinical study flexibilities initiated in response to COVID–19 pandemic.Sec. 3606. Decentralized clinical studies.Sec. 3607. Modernizing clinical trials.Chapter 2—InspectionsSec. 3611. Device inspections.Sec. 3612. Bioresearch monitoring inspections.Sec. 3613. Improving Food and Drug Administration inspections.Sec. 3614. GAO report on inspections of foreign establishments manufacturing drugs.Sec. 3615. Unannounced foreign facility inspections pilot program.Sec. 3616. Enhancing coordination and transparency on inspections.Sec. 3617. Enhancing transparency of drug facility inspection timelines.Chapter 3—MiscellaneousSec. 3621. Regulation of certain products as drugs.Sec. 3622. Women’s Health Research Roadmap.Sec. 3623. Strategic workforce plan and report.Sec. 3624. Enhancing Food and Drug Administration hiring authority for scientific, technical, and professional personnel.Sec. 3625. Facilities management.Sec. 3626. User fee program transparency and accountability.Sec. 3627. Improving information technology systems of the Food and Drug Administration.Sec. 3628. Reporting on mailroom and Office of the Executive Secretariat of the Food and Drug Administration.Sec. 3629. Facilitating the use of real world evidence.Sec. 3630. Facilitating exchange of product information prior to approval.Sec. 3631. Streamlining blood donor input.TITLE IV—Medicare provisionsSubtitle A—Medicare ExtendersSec. 4101. Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals.Sec. 4102. Extension of the Medicare-Dependent Hospital program.Sec. 4103. Extension of add-on payments for ambulance services.Subtitle B—Other expiring Medicare provisionsSec. 4111. Extending incentive payments for participation in eligible alternative payment models.Sec. 4112. Extension of support for physicians and other professionals in adjusting to Medicare payment changes.Sec. 4113. Advancing telehealth Beyond COVID–19.Sec. 4114. Revised phase-in of Medicare clinical laboratory test payment changes.Subtitle C—Medicare mental health provisionsSec. 4121. Coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program.Sec. 4122. Additional residency positions.Sec. 4123. Improving mobile crisis care in Medicare.Sec. 4124. Ensuring adequate coverage of outpatient mental health services under the Medicare program.Sec. 4125. Improvements to Medicare prospective payment system for psychiatric hospitals and psychiatric units.Sec. 4126. Exception for physician wellness programs.Sec. 4127. Consideration of safe harbor under the anti-kickback statute for certain contingency management interventions.Sec. 4128. Provider outreach and reporting on certain behavioral health integration services.Sec. 4129. Outreach and reporting on opioid use disorder treatment services furnished by opioid treatment programs.Sec. 4130. GAO study and report comparing coverage of mental health and substance use disorder benefits and non-mental health and substance use disorder benefits.Subtitle D—Other Medicare ProvisionsSec. 4131. Temporary inclusion of authorized oral antiviral drugs as covered part D drug.Sec. 4132. Restoration of CBO access to certain part D payment data.Sec. 4133. Medicare coverage of certain lymphedema compression treatment items.Sec. 4134. Permanent in-home benefit for IVIG services.Sec. 4135. Access to non-opioid treatments for pain relief.Sec. 4136. Technical amendments to Medicare separate payment for disposable negative pressure wound therapy devices.Sec. 4137. Extension of certain home health rural add-on payments.Sec. 4138. Remedying election revocations relating to administration of COVID–19 vaccines.Sec. 4139. Payment rates for durable medical equipment under the Medicare Program.Sec. 4140. Extending Acute Hospital Care at Home waivers and flexibilities.Sec. 4141. Extension of pass-through status under the Medicare program for certain devices impacted by COVID–19.Sec. 4142. Increasing transparency for home health payments under the Medicare program.Sec. 4143. Waiver of cap on annual payments for nursing and allied health education payments.Subtitle E—Health Care Tax provisionsSec. 4151. Extension of safe harbor for absence of deductible for telehealth.Subtitle F—OffsetsSec. 4161. Reduction of Medicare Improvement Fund.Sec. 4162. Extension of adjustment to calculation of hospice cap amount under Medicare.Sec. 4163. Medicare direct spending reductions.TITLE V—Medicaid and CHIP ProvisionsSubtitle A—TerritoriesSec. 5101. Medicaid adjustments for the territories.Subtitle B—Medicaid and CHIP CoverageSec. 5111. Funding extension of the Children’s Health Insurance Program and related provisions.Sec. 5112. Continuous eligibility for children under Medicaid and CHIP.Sec. 5113. Modifications to postpartum coverage under Medicaid and CHIP.Sec. 5114. Extension of Money Follows the Person Rebalancing demonstration.Sec. 5115. Extension of Medicaid protections against spousal impoverishment for recipients of home and community-based services.Subtitle C—Medicaid and CHIP Mental HealthSec. 5121. Medicaid and CHIP requirements for health screenings, referrals, and case management services for eligible juveniles in public institutions.Sec. 5122. Removal of limitations on Federal financial participation for inmates who are eligible juveniles pending disposition of charges.Sec. 5123. Requiring accurate, updated, and searchable provider directories.Sec. 5124. Supporting access to a continuum of crisis response services under Medicaid and CHIP.Subtitle D—Transitioning from Medicaid FMAP Increase RequirementsSec. 5131. Transitioning from Medicaid FMAP increase requirements.Subtitle E—Medicaid Improvement FundSec. 5141. Medicaid improvement fund.TITLE VI—Human ServicesSec. 6101. Jackie Walorski Maternal and Child Home Visiting Reauthorization Act of 2022.Sec. 6102. Extension of Temporary Assistance for Needy Families Program.Sec. 6103. 1-year extension of child and family services programs.

GG

Merger Filing Fee Modernization

101.

Short title

This division may be cited as the Merger Filing Fee Modernization Act of 2022.

HH

Agriculture

101.

Definition

In this division, the term Secretary means the Secretary of Agriculture.

II

Pregnant Workers

101.

Short title

This division may be cited as the Pregnant Workers Fairness Act.

102.

Definitions

As used in this division—(1)the term Commission means the Equal Employment Opportunity Commission;(2)the term covered entity—(A)has the meaning given the term respondent in section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(n)); and(B)includes—(i)an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 701(b) of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b));(ii)an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code;(iii)an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and(iv)an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies;(3)the term employee means—(A)an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f));(B)a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), and an individual described in section 201(d) of that Act (2 U.S.C. 1311(d));(C)a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code;(D)a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or(E)an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies;(4)the term known limitation means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee’s representative has communicated to the employer whether or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); (5)the term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)); (6)the term qualified employee means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if—(A)any inability to perform an essential function is for a temporary period;(B)the essential function could be performed in the near future; and(C)the inability to perform the essential function can be reasonably accommodated; and(7)the terms reasonable accommodation and undue hardship have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms are construed under such Act and as set forth in the regulations required by this division, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation.

103.

Nondiscrimination with regard to reasonable accommodations related to pregnancy

It shall be an unlawful employment practice for a covered entity to—(1)not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;(2)require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process referred to in section 102(7);(3)deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee;(4)require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee; or(5)take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.

104.

Remedies and enforcement

(a)

Employees Covered by title VII of the Civil Rights Act of 1964

(1)

In general

The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the Commission, the Attorney General, or any person alleging a violation of title VII of such Act (42 U.S.C. 2000e et seq.) shall be the powers, remedies, and procedures this division provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this division against an employee described in section 102(3)(A) except as provided in paragraphs (2) and (3) of this subsection.(2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this division provides to the Commission, the Attorney General, or any person alleging such practice.(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this division provides to the Commission, the Attorney General, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).(b)

Employees Covered by Congressional Accountability Act of 1995

(1)

In general

The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) for the purposes of addressing allegations of violations of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this division provides to address an allegation of an unlawful employment practice in violation of this division against an employee described in section 102(3)(B), except as provided in paragraphs (2) and (3) of this subsection. (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) for the purposes of addressing allegations of such a violation shall be the powers, remedies, and procedures this division provides to address allegations of such practice.(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, for purposes of addressing allegations of such a violation, shall be the powers, remedies, and procedures this division provides to address any allegation of such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).(c)

Employees covered by chapter 5 of title 3, United States Code

(1)

In general

The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person alleging a violation of section 411(a)(1) of such title shall be the powers, remedies, and procedures this division provides to the President, the Commission, the Board, or any person, respectively, alleging an unlawful employment practice in violation of this division against an employee described in section 102(3)(C), except as provided in paragraphs (2) and (3) of this subsection.(2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this division provides to the President, the Commission, the Board, or any person alleging such practice.(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this division provides to the President, the Commission, the Board, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).(d)

Employees Covered by Government Employee Rights Act of 1991

(1)

In general

The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b; 2000e–16c) to the Commission or any person alleging a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this division provides to the Commission or any person, respectively, alleging an unlawful employment practice in violation of this division against an employee described in section 102(3)(D), except as provided in paragraphs (2) and (3) of this subsection.(2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this division provides to the Commission or any person alleging such practice.(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this division provides to the Commission or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).(e)

Employees Covered by section 717 of the Civil Rights Act of 1964

(1)

In general

The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to the Commission, the Attorney General, the Librarian of Congress, or any person alleging a violation of that section shall be the powers, remedies, and procedures this division provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this division against an employee described in section 102(3)(E), except as provided in paragraphs (2) and (3) of this subsection. (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this division provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice.(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this division provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).(f)

Prohibition Against Retaliation

(1)

In General

No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by this division or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this division.(2)

Prohibition against coercion

It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this division.(3)

Remedy

The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection.(g)

Limitation

Notwithstanding subsections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this division or regulations implementing this division, damages may not be awarded under section 1977A of the Revised Statutes (42 U.S.C. 1981a) if the covered entity demonstrates good faith efforts, in consultation with the employee with known limitations related to pregnancy, childbirth, or related medical conditions who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such employee with an equally effective opportunity and would not cause an undue hardship on the operation of the covered entity.

105.

Rulemaking

(a)

EEOC Rulemaking

Not later than 1 year after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code, to carry out this division. Such regulations shall provide examples of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions.(b)

OCWR Rulemaking

(1)

In general

Not later than 6 months after the Commission issues regulations under subsection (a), the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall (in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384)), issue regulations to implement the provisions of this division made applicable to employees described in section 102(3)(B), under section 104(b). (2)

Parallel with agency regulations

The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Commission under subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued under paragraph (1) that a modification of such substantive regulations would be more effective for the implementation of the rights and protection under this division.

106.

Waiver of State immunity

A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this division. In any action against a State for a violation of this division, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

107.

Relationship to other laws

(a)

In general

Nothing in this division shall be construed—(1)to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals affected by pregnancy, childbirth, or related medical conditions; or(2)by regulation or otherwise, to require an employer-sponsored health plan to pay for or cover any particular item, procedure, or treatment or to affect any right or remedy available under any other Federal, State, or local law with respect to any such payment or coverage requirement. (b)

Rule of construction

This division is subject to the applicability to religious employment set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1(a)).

108.

Severability

If any provision of this division or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this division and the application of that provision to other persons or circumstances shall not be affected.

109.

Effective date

This division shall take effect on the date that is 180 days after the date of enactment of this Act.

JJ

North Atlantic Right Whales

KK

PUMP for Nursing Mothers Act

101.

Short title

This division may be cited as the Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act.

102.

Breastfeeding accommodations in the workplace

(a)

Expanding employee access to break time and space

The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—(1)in section 7 (29 U.S.C. 207), by striking subsection (r); and(2)by inserting after section 18C (29 U.S.C. 218c) the following:

18D.

Breastfeeding accommodations in the workplace

(a)

In general

An employer shall provide—(1)a reasonable break time for an employee to express breast milk for such employee’s nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and(2)a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.(b)

Compensation

(1)

In general

Subject to paragraph (2), an employer shall not be required to compensate an employee receiving reasonable break time under subsection (a)(1) for any time spent during the workday for such purpose unless otherwise required by Federal or State law or municipal ordinance.(2)

Relief from duties

Break time provided under subsection (a)(1) shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break.(c)

Exemption for small employers

An employer that employs less than 50 employees shall not be subject to the requirements of this section, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.(d)

Exemption for crewmembers of air carriers

(1)

In general

An employer that is an air carrier shall not be subject to the requirements of this section with respect to an employee of such air carrier who is a crewmember(2)

Definitions

In this subsection:(A)

Air carrier

The term air carrier has the meaning given such term in section 40102 of title 49, United States Code.(B)

Crewmember

The term crewmember has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).(e)

Applicability to rail carriers

(1)

In general

Except as provided in paragraph (2), an employer that is a rail carrier shall be subject to the requirements of this section. (2)

Certain employees

An employer that is a rail carrier shall be subject to the requirements of this section with respect to an employee of such rail carrier who is a member of a train crew involved in the movement of a locomotive or rolling stock or who is an employee who maintains the right of way, provided that compliance with the requirements of this section does not—(A)require the employer to incur significant expense, such as through the addition of such a member of a train crew in response to providing a break described in subsection (a)(1) to another such member of a train crew, removal or retrofitting of seats, or the modification or retrofitting of a locomotive or rolling stock; or(B)result in unsafe conditions for an individual who is an employee who maintains the right of way.(3)

Significant expense

For purposes of paragraph (2)(A), it shall not be considered a significant expense to modify or retrofit a locomotive or rolling stock by installing a curtain or other screening protection.(4)

Definitions

In this subsection: (A)

Employee who maintains the right of way

The term employee who maintains the right of way means an employee who is a safety-related railroad employee described in section 20102(4)(C) of title 49, United States Code.(B)

Rail carrier

The term rail carrier means an employer described in section 13(b)(2). (C)

Train crew

The term train crew has the meaning given such term as used in chapter II of subtitle B of title 49, Code of Federal Regulations (or successor regulations).(f)

Applicability to motorcoach services operators

(1)

In general

Except as provided in paragraph (2), an employer that is a motorcoach services operator shall be subject to the requirements of this section. (2)

Employees who are involved in the movement of a motorcoach

An employer that is a motorcoach services operator shall be subject to the requirements of this section with respect to an employee of such motorcoach services operator who is involved in the movement of a motorcoach provided that compliance with the requirements of this section does not—(A)require the employer to incur significant expense, such as through the removal or retrofitting of seats, the modification or retrofitting of a motorcoach, or unscheduled stops; or(B)result in unsafe conditions for an employee of a motorcoach services operator or a passenger of a motorcoach.(3)

Significant expense

For purposes of paragraph (2)(A), it shall not be considered a significant expense—(A)to modify or retrofit a motorcoach by installing a curtain or other screening protection if an employee requests such a curtain or other screening protection; or (B)for an employee to use scheduled stop time to express breast milk.(4)

Definitions

In this subsection:(A)

Motorcoach; motorcoach services

The terms motorcoach and motorcoach services have the meanings given the terms in section 32702 of the Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136 note).(B)

Motorcoach services operator

The term motorcoach services operator means an entity that offers motorcoach services.(g)

Notification prior to commencement of action

(1)

In general

Except as provided in paragraph (2), before commencing an action under section 16(b) for a violation of subsection (a)(2), an employee shall—(A)notify the employer of such employee of the failure to provide the place described in such subsection; and(B)provide the employer with 10 days after such notification to come into compliance with such subsection with respect to the employee.(2)

Exceptions

Paragraph (1) shall not apply in a case in which—(A)the employee has been discharged because the employee—(i)has made a request for the break time or place described in subsection (a); or(ii)has opposed any employer conduct related to this section; or(B)the employer has indicated that the employer has no intention of providing the place described in subsection (a)(2). (h)

Interaction with State and Federal law

(1)

Laws providing greater protection

Nothing in this section shall preempt a State law or municipal ordinance that provides greater protections to employees than the protections provided for under this section.(2)

No effect on title 49 preemption

This section shall have no effect on the preemption of a State law or municipal ordinance that is preempted under subtitle IV, V, or VII of title 49, United States Code.

.(b)

Clarifying remedies

The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—(1)in section 15(a) (29 U.S.C. 215(a))—(A)by striking the period at the end of paragraph (5) and inserting ; and; and(B)by adding at the end the following:(6)to violate any of the provisions of section 18D.; and(2)in section 16(b) (29 U.S.C. 216(b)), by striking 15(a)(3) each place the term appears and inserting 15(a)(3) or 18D.(c)

Authorizing employees to temporarily obscure the field of view of an image recording device on a locomotive or rolling stock while expressing breast milk

Section 20168(f) of title 49, United States Code, is amended—(1)by striking A railroad carrier and inserting the following:(1)

In general

Except as provided in paragraph (2), a railroad carrier; and(2)by adding at the end the following:(2)

Temporarily obscuring field of view of an image recording device while expressing breast milk

(A)

In general

For purposes of expressing breast milk, an employee may temporarily obscure the field of view of an image recording device required under this section if the passenger train on which such device is installed is not in motion. (B)

Resuming operation

The crew of a passenger train on which an image recording device has been obscured pursuant to subparagraph (A) shall ensure that such image recording device is no longer obscured immediately after the employee has finished expressing breast milk and before resuming operation of the passenger train..

103.

Effective date

(a)

Expanding access

The amendments made by section 102(a) shall take effect on the date of enactment of this Act.(b)

Remedies and clarification

The amendments made by section 102(b) shall take effect on the date that is 120 days after the date of enactment of this Act. (c)

Authorizing employees to temporarily obscure the field of view of an image recording device on a locomotive or rolling stock while expressing breast milk

The amendments made by section 102(c) shall take effect on the date of enactment of this Act. (d)

Application of law to employees of rail carriers

(1)

In general

Section 18D of the Fair Labor Standards Act of 1938 (as added by section 102(a)) shall not apply to employees who are members of a train crew involved in the movement of a locomotive or rolling stock or who are employees who maintain the right of way of an employer that is a rail carrier until the date that is 3 years after the date of enactment of this Act.(2)

Definitions

In this subsection:(A)

Employee; employer

The terms employee and employer have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).(B)

Employees who maintains the right of way; rail carrier; train crew

The terms employee who maintains the right of way, rail carrier, and train crew have the meanings given such terms in section 18D(e)(4) of the Fair Labor Standards Act of 1938, as added by section 102(a). (e)

Application of law to employees of motorcoach services operators

(1)

In general

Section 18D of the Fair Labor Standards Act of 1938 (as added by section 102(a)) shall not apply to employees who are involved in the movement of a motorcoach of an employer that is a motorcoach services operator until the date that is 3 years after the date of enactment of this Act.(2)

Definitions

In this subsection:(A)

Employee; employer

The terms employee and employer have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).(B)

Motorcoach; motorcoach services operator

The terms motorcoach and motorcoach services operator have the meanings given such terms in section 18D(f)(4) of the Fair Labor Standards Act of 1938, as added by section 102(a).

LL

State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility

101.

Short title

This division may be cited as the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act.

102.

Authority to use coronavirus relief funds for infrastructure projects

(a)

In general

Title VI of the Social Security Act (42 U.S.C. 801 et seq.), as amended by section 40909 of the Infrastructure Investment and Jobs Act, is amended—(1)in section 602—(A)in subsection (a)(1), by inserting (except as provided in subsection (c)(5)) after December 31, 2024; and(B)in subsection (c)—(i)in paragraph (1)—(I)in the matter preceding subparagraph (A), by striking paragraph (3) and inserting paragraphs (3), (4), and (5);(II)by amending subparagraph (C) to read as follows:(C)for the provision of government services up to an amount equal to the greater of—(i)the amount of the reduction in revenue of such State, territory, or Tribal government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or(ii)$10,000,000;;(III)in subparagraph (D), by striking the period at the end and inserting ; or; and(IV)by adding at the end the following new subparagraph:(E)to provide emergency relief from natural disasters or the negative economic impacts of natural disasters, including temporary emergency housing, food assistance, financial assistance for lost wages, or other immediate needs.; and(ii)by adding at the end the following new paragraph: (5)

Authority to use funds for certain infrastructure projects

(A)

In general

Subject to subparagraph (C), notwithstanding any other provision of law, a State, territory, or Tribal government receiving a payment under this section may use funds provided under such payment for projects described in subparagraph (B), including, to the extent consistent with guidance or rules issued by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to subparagraph (C)(iv)—(i)in the case of a project eligible under section 117 of title 23, United States Code, or section 5309 or 6701 of title 49, United States Code, to satisfy a non-Federal share requirement applicable to such a project; and(ii)in the case of a project eligible for credit assistance under the TIFIA program under chapter 6 of title 23, United States Code—(I)to satisfy a non-Federal share requirement applicable to such a project; and(II)to repay a loan provided under such program.(B)

Projects described

A project referred to in subparagraph (A) is any of the following:(i)A project eligible under section 117 of title 23, United States Code. (ii)A project eligible under section 119 of title 23, United States Code.(iii)A project eligible under section 124 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act.(iv)A project eligible under section 133 of title 23, United States Code. (v)An activity to carry out section 134 of title 23, United States Code. (vi)A project eligible under section 148 of title 23, United States Code. (vii)A project eligible under section 149 of title 23, United States Code.(viii)A project eligible under section 151(f) of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act.(ix)A project eligible under section 165 of title 23, United States Code. (x)A project eligible under section 167 of title 23, United States Code.(xi)A project eligible under section 173 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (xii)A project eligible under section 175 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (xiii)A project eligible under section 176 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (xiv)A project eligible under section 202 of title 23, United States Code. (xv)A project eligible under section 203 of title 23, United States Code.(xvi)A project eligible under section 204 of title 23, United States Code. (xvii)A project eligible under the program for national infrastructure investments (commonly known as the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program). (xviii)A project eligible for credit assistance under the TIFIA program under chapter 6 of title 23, United States Code.(xix)A project that furthers the completion of a designated route of the Appalachian Development Highway System under section 14501 of title 40, United States Code.(xx)A project eligible under section 5307 of title 49, United States Code. (xxi)A project eligible under section 5309 of title 49, United States Code.(xxii)A project eligible under section 5311 of title 49, United States Code. (xxiii)A project eligible under section 5337 of title 49, United States Code.(xxiv)A project eligible under section 5339 of title 49, United States Code.(xxv)A project eligible under section 6703 of title 49, United States Code, as added by the Infrastructure Investment and Jobs Act. (xxvi)A project eligible under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). (xxvii)A project eligible under the bridge replacement, rehabilitation, preservation, protection, and construction program under paragraph (1) under the heading highway infrastructure program under the heading Federal highway administration under the heading Department of Transportation under title VIII of division J of the Infrastructure Investment and Jobs Act.(C)

Limitations; application of requirements

(i)

Limitation on amounts to be used for infrastructure projects

(I)

In general

The total amount that a State, territory, or Tribal government may use from a payment made under this section for uses described in subparagraph (A) shall not exceed the greater of—(aa)$10,000,000; and(bb)30 percent of such payment.(II)

Rule of application

The spending limitation under subclause (I) shall not apply to any use of funds permitted under paragraph (1), and any such use of funds shall be disregarded for purposes of applying such spending limitation. (ii)

Limitation on operating expenses

Funds provided under a payment made under this section shall not be used for operating expenses of a project described in clauses (xx) through (xxiv) of subparagraph (B).(iii)

Application of requirements

Except as otherwise determined by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to clause (iv) or provided in this section—(I)the requirements of section 60102 of the Infrastructure Investment and Jobs Act shall apply to funds provided under a payment made under this section that are used pursuant to subparagraph (A) for a project described in clause (xxvi) of subparagraph (B) that relates to broadband infrastructure;(II)the requirements of titles 23, 40, and 49 of the United States Code, title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq) shall apply to funds provided under a payment made under this section that are used for projects described in subparagraph (B); and(III)a State government receiving a payment under this section may use funds provided under such payment for projects described in clauses (i) through (xxvii) of subparagraph (B), as applicable, that—(aa)demonstrate progress in achieving a state of good repair as required by the State’s asset management plan under section 119(e) of title 23, United States Code; and(bb)support the achievement of 1 or more performance targets of the State established under section 150 of title 23, United States Code.(iv)

Oversight

The Secretary may delegate oversight and administration of the requirements described in clause (iii) to the appropriate Federal agency.(v)

Supplement, not supplant

Amounts from a payment made under this section that are used by a State, territory, or Tribal government for uses described in subparagraph (A) shall supplement, and not supplant, other Federal, State, territorial, Tribal, and local government funds (as applicable) otherwise available for such uses.(D)

Reports

The Secretary, in consultation with the Secretary of Transportation, shall provide periodic reports on the use of funds by States, territories, and Tribal governments under subparagraph (A).(E)

Availability

Funds provided under a payment made under this section to a State, territory, or Tribal government shall remain available for obligation for a use described in subparagraph (A) through December 31, 2024, except that no amount of such funds may be expended after September 30, 2026.; and(2)in subsection 603—(A)in subsection (a), by inserting (except as provided in subsection (c)(6)) after December 31, 2024; and(B)in subsection (c)—(i)in paragraph (1)—(I)in the matter preceding subparagraph (A), by striking paragraphs (3) and (4) and inserting paragraphs (3), (4), (5), and (6);(II)by amending subparagraph (C) to read as follows:(C)for the provision of government services up to an amount equal to the greater of—(i)the amount of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county to the emergency; or(ii)$10,000,000;;(III)in subparagraph (D), by striking the period at the end and inserting ; or; and(IV)by adding at the end the following new subparagraph:(E)to provide emergency relief from natural disasters or the negative economic impacts of natural disasters, including temporary emergency housing, food assistance, financial assistance for lost wages, or other immediate needs.; and(ii)by adding at the end the following new paragraph:(6)

Authority to use funds for certain infrastructure projects

(A)

In general

Subject to subparagraph (B), notwithstanding any other provision of law, a metropolitan city, nonentitlement unit of local government, or county receiving a payment under this section may use funds provided under such payment for projects described in subparagraph (B) of section 602(c)(5), including, to the extent consistent with guidance or rules issued by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to subparagraph (B)(iv)— (i)in the case of a project eligible under section 117 of title 23, United States Code, or section 5309 or 6701 of title 49, United States Code, to satisfy a non-Federal share requirement applicable to such a project; and(ii)in the case of a project eligible for credit assistance under the TIFIA program under chapter 6 of title 23, United States Code—(I)to satisfy a non-Federal share requirement applicable to such a project; and(II)to repay a loan provided under such program.(B)

Limitations; application of requirements

(i)

Limitation on amounts to be used for infrastructure projects

(I)

In general

The total amount that a metropolitan city, nonentitlement unit of local government, or county may use from a payment made under this section for uses described in subparagraph (A) shall not exceed the greater of—(aa)$10,000,000; and(bb)30 percent of such payment.(II)

Rule of application

The spending limitation under subclause (I) shall not apply to any use of funds permitted under paragraph (1), and any such use of funds shall be disregarded for purposes of applying such spending limitation. (ii)

Limitation on operating expenses

Funds provided under a payment made under this section shall not be used for operating expenses of a project described in clauses (xx) through (xxiv) of section 602(c)(5)(B).(iii)

Application of requirements

Except as otherwise determined by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to clause (iv) or provided in this section—(I)the requirements of section 60102 of the Infrastructure Investment and Jobs Act shall apply to funds provided under a payment made under this section that are used pursuant to subparagraph (A) for a project described in clause (xxvi) of section 602(c)(5)(B) that relates to broadband infrastructure; and(II)the requirements of titles 23, 40, and 49 of the United States Code, title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq) shall apply to funds provided under a payment made under this section that are used for projects described in section 602(c)(5)(B). (iv)

Oversight

The Secretary may delegate oversight and administration of the requirements described in clause (iii) to the appropriate Federal agency. (v)

Supplement, not supplant

Amounts from a payment made under this section that are used by a metropolitan city, nonentitlement unit of local government, or county for uses described in subparagraph (A) shall supplement, and not supplant, other Federal, State, territorial, Tribal, and local government funds (as applicable) otherwise available for such uses.(C)

Reports

The Secretary, in consultation with the Secretary of Transportation, shall provide periodic reports on the use of funds by metropolitan cities, nonentitlement units of local government, or counties under subparagraph (A). (D)

Availability

Funds provided under a payment made under this section to a metropolitan city, nonentitlement unit of local government, or county shall remain available for obligation for a use described in subparagraph (A) through December 31, 2024, except that no amount of such funds may be expended after September 30, 2026..(b)

Technical amendments

Sections 602(c)(3) and 603(c)(3) of title VI of the Social Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are each amended by striking paragraph (17) of.(c)

Guidance and effective date

(1)

Guidance or rule

Within 60 days of the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall issue guidance or promulgate a rule to carry out the amendments made by this section, including updating reporting requirements on the use of funds under this section. (2)

Effective date

The amendments made by this section shall take effect upon the issuance of guidance or the promulgation of a rule described in paragraph (1). (d)

Department of the Treasury administrative expenses

(1)

Reduction of funds available for administrative expenses

Title IV of division A of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended—(A)in section 4003(f), by striking $100,000,000 and inserting 61,000,000; and(B)in section 4112(b), by striking $100,000,000 and inserting $67,000,000.(2)

Authority

Notwithstanding any other provision of law, the unobligated balances from amounts made available to the Secretary of the Treasury (referred to in this subsection as the Secretary) for administrative expenses pursuant to the provisions specified in paragraph (3) shall be available to the Secretary (in addition to any other appropriations provided for such purpose) for the purpose described in paragraph (4) (subject to the limitation in such paragraph) and for administrative expenses of the Department of the Treasury, except for the Internal Revenue Service, determined by the Secretary to be necessary to respond to the coronavirus emergency, including any expenses necessary to implement any provision of— (A)the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136);(B)division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260);(C)the American Rescue Plan Act (Public Law 117–2); or(D)title VI of the Social Security Act (42 U.S.C. 801 et seq.).(3)

Provisions specified

The provisions specified in this paragraph are the following: (A)Amounts made available under section 4027(a) of the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. 9061(a)) to pay costs and administrative expenses under section 4003(f) of such Act (15 U.S.C. 9042(f))) and amounts made available by section 4120(a) of the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. 9080) to pay costs and administrative expenses under section 4112(b) of such Act (15 U.S.C. 9072(b)) (after application of the amendments made by paragraph (1) of this subsection).(B)Section 421(f)(2) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260). (C)Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) of the American Rescue Plan Act of 2021 (Public Law 117–2). (D)Section 602(a)(2) of the Social Security Act (42 U.S.C. 802(a)(2)).(4)

Payments to eligible revenue sharing consolidated governments

Of amounts made available under paragraph (2), up to $10,600,000 shall be available to the Secretary (in addition to any other appropriations provided for such purpose) for making payments to eligible revenue sharing consolidated governments under subsection (g) of section 605 of the Social Security Act (42 U.S.C. 805), as added by section 103 of this Act.

103.

Allowing payments to eligible revenue sharing consolidated governments from local assistance and tribal consistency fund

(a)

In general

Section 605 of the Social Security Act (42 U.S.C. 805) is amended by adding at the end the following new subsection:(g)

Payments to eligible revenue sharing consolidated governments

(1)

Payments to eligible revenue sharing consolidated governments for fiscal years 2023 and 2024

The Secretary shall allocate and pay to each eligible revenue sharing consolidated government for each of fiscal years 2023 and 2024 an amount equal to the amount that the Secretary would have allocated to such eligible revenue sharing consolidated government for fiscal year 2022 if all eligible revenue sharing consolidated governments had been treated as eligible revenue sharing counties for purposes of being eligible for payments under subsection (b)(1) for such fiscal year using the allocation methodology adopted by the Department of the Treasury for such eligible revenue sharing counties as of the date of enactment of this subsection.(2)

Funding for payments

(A)

In general

The Secretary shall make the allocations and payments described in paragraph (1) from the amounts described in subparagraph (B), which shall be available to the Secretary for such purpose notwithstanding any other provision of law.(B)

Amounts described

The amounts described in this subparagraph are the following:(i)Any amount allocated to an eligible revenue sharing county under subsection (b)(1) for fiscal year 2022 or 2023 that, as of January 31, 2023, has not been requested by such county.(ii)Amounts made available to the Secretary under section 102(d)(4) of the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act..(b)

Conforming amendments

Section 605 of the Social Security Act (42 U.S.C. 805), as amended by subsection (a), is further amended—(1)in subsection (a), by inserting , subject to subsection (g), after obligated;(2)in subsection (c), by striking or an eligible Tribal government and inserting , an eligible Tribal government, or an eligible revenue sharing consolidated government;(3)in subsections (d) and (e), by inserting or eligible revenue sharing consolidated government after eligible revenue sharing county each place it appears; and(4)in subsection (f)—(A)by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and(B)by inserting before paragraph (2) (as so redesignated) the following new paragraph:(1)

Eligible revenue sharing consolidated government

The term eligible revenue sharing consolidated government means a county, parish, or borough— (A)that has been classified by the Bureau of the Census as an active government consolidated with another government; and(B)for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program..

104.

Extension of availability of coronavirus relief fund payments to Tribal governments

Section 601(d)(3) of the Social Security Act (42 U.S.C. 801(d)(3)) is amended by inserting (or, in the case of costs incurred by a Tribal government, during the period that begins on March 1, 2020, and ends on December 31, 2022) before the period.

105.

Rescission of coronavirus relief and recovery funds declined by States, territories, or other governmental entities

Title VI of the Social Security Act (42 U.S.C. 801 et seq.) is amended by adding at the end the following new section:

606.

Rescission of funds declined by States, territories, or other governmental entities

(a)

Rescission

(1)

In general

Subject to paragraphs (2) and (3), if a State, territory, or other governmental entity provides notice to the Secretary of the Treasury in the manner provided by the Secretary of the Treasury that the State, territory, or other governmental entity intends to decline all or a portion of the amounts that are to be awarded to the State, territory, or other governmental entity from funds appropriated under this title, an amount equal to the unaccepted amounts or portion of such amounts allocated by the Secretary of the Treasury as of the date of such notice that would have been awarded to the State, territory, or other governmental entity shall be rescinded from the applicable appropriation account. (2)

Exclusion

Paragraph (1) shall not apply with respect to funds that are to be paid to a State under section 603 for distribution to nonentitlement units of local government.(3)

Rules of construction

Paragraph (1) shall not be construed as—(A)preventing a sub-State governmental entity, including a nonentitlement unit of local government, from notifying the Secretary of the Treasury that the sub-State governmental entity intends to decline all or a portion of the amounts that a State may distribute to the entity from funds appropriated under this title; or(B)allowing a State to prohibit or otherwise prevent a sub-State governmental entity from providing such a notice.(b)

Use for deficit reduction

Amounts rescinded under subsection (a) shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction.(c)

State or other governmental entity defined

In this section, the term State, territory, or other governmental entity means any entity to which a payment may be made directly to the entity under this title other than a Tribal government, as defined in sections 601(g), 602(g), and 604(d), and an eligible Tribal government, as defined in section 605(f).

.

MM

Fairness for 9/11 Families Act

101.

Improvements to the Justice for United States Victims of State Sponsored Terrorism Act

(a)

Short title

This section may be cited as the Fairness for 9/11 Families Act. (b)

In general

Section 404 of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended—(1)in subsection (b)—(A)in paragraph (1)(B), in the first sentence, by inserting and during the 1-year period beginning on the date of enactment of the Fairness for 9/11 Families Act, the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel before the period at the end; and(B)in paragraph (2)(A), by inserting Not later than 30 days after the date of enactment of the Fairness for 9/11 Families Act, the Special Master shall update, as necessary as a result of the enactment of such Act, such procedures and other guidance previously issued by the Special Master. after the period at the end of the second sentence;(2)in subsection (c)(3)(A), by striking clause (ii) and inserting the following:(ii)Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless—(I)the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or(II)the final judgment was awarded to a 1983 Beirut barracks bombing victim or a 1996 Khobar Towers bombing victim before the date of enactment of the Fairness for 9/11 Families Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment.;(3)in subsection (d)—(A)in paragraph (3)(B), by adding at the end the following: (iii)For the purposes of clause (i), the calculation of the total compensatory damages received or entitled or scheduled to be received by an applicant who is a 1983 Beirut barracks bombing victim or a 1996 Khobar Towers bombing victim from any source other than the Fund shall include the total amount received by the applicant as a result of or in connection with the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), such that any such applicant who has received or is entitled or scheduled to receive 30 percent or more of such applicant’s compensatory damages judgment as a result of or in connection with such proceedings shall not receive any payment from the Fund, except in accordance with the requirements of clause (i), or as part of a lump-sum catch-up payment in accordance with paragraph (4)(D).; and(B)in paragraph (4)—(i)in subparagraph (A), by striking (B) and (C) and inserting (B), (C), and (D);(ii)in subparagraph (C), by adding at the end the following:(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.; and(iii)by adding at the end the following:(D)

Lump sum catch-up payments for 1983 Beirut barracks bombing victims and 1996 Khobar Towers bombing victims

(i)

In general

Not later than 1 year after the date of enactment of the Fairness for 9/11 Families Act, and in accordance with clauses (i) and (ii) of paragraph (3)(A), the Comptroller General of the United States shall conduct an audit and publish in the Federal Register a notice of proposed lump sum catch-up payments to the 1983 Beirut barracks bombing victims and the 1996 Khobar Towers bombing victims who have submitted applications in accordance with subsection (c)(3)(A)(ii)(II) on or after such date of enactment, in amounts that, after receiving the lump sum catch-up payments, would result in the percentage of the claims of such victims received from the Fund being equal to the percentage of the claims of non-9/11 victims of state sponsored terrorism received from the Fund, as of such date of enactment.(ii)

Public comment

The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i).(iii)

Report

Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on— (I)the amount of the proposed lump sum catch-up payment for each 1983 Beirut barracks bombing victim; (II)the amount of the proposed lump sum catch-up payment for each 1996 Khobar Towers bombing victim; and (III)amount of lump sum catch-up payments described in subclauses (I) and (II).(iv)

Lump sum catch-up payment reserve fund

(I)

In general

There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection.(II)

Authorization

Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in subclauses (I) and (II) of clause (iii).(III)

Appropriations

(aa)

In general

There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended.(bb)

Limitation

Except as provided in subclause (IV), 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.(IV)

Expiration

(aa)

In general

The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II).(bb)

Remaining amounts

All amounts remaining in the lump sum catch-up payment reserve fund in excess of the amounts described in subclauses (I) and (II) of clause (iii) shall be deposited into the Fund under this section.;(4)in subsection (e)(2)(B), by adding at the end the following:(v)

Exception for 1983 Beirut barracks bombing victims and 1996 Khobar Towers bombing victims

Nothing in this subparagraph shall apply with respect to— (I)a 1983 Beirut barracks bombing victim or a 1996 Khobar Towers bombing victim who submits an application under subsection (c)(3)(A)(ii)(II) on or after the date of enactment of the Fairness for 9/11 Families Act; or (II)the assets, or the net proceeds of the sale of properties or related assets, attributable to a person described in subclause (I).; and(5)in subsection (j), by adding at the end the following:(15)

1983 Beirut barracks bombing victim

The term 1983 Beirut barracks bombing victim— (A)means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon; and(B)includes a plaintiff, estate, or successor in interest described in subparagraph (A) who is a judgment creditor in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014, in the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17, 2008).(16)

1996 Khobar Towers bombing victim

The term 1996 Khobar Towers bombing victim— (A)means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the June 25, 1996 bombing of the Khobar Tower housing complex in Saudi Arabia; and (B)includes a plaintiff, estate, or successor in interest described in subparagraph (A) who is a judgment creditor in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014, in the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17, 2008)..(c)

GAO report on funding for the United States Victims of State Sponsored Terrorism Fund

Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating ways to increase deposits into the United States Victims of State Sponsored Terrorism Fund established under paragraph (1) of section 404(e) of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144(e)) (in this subsection referred to as the Fund), including assessing the advisability and effect of—(1)expanding the scope of the criminal offenses for which funds, and the net proceeds from the sale of property, forfeited or paid to the United States are deposited in the Fund under paragraph (2)(A)(i) of such section; (2)expanding the scope of the civil penalties or fines for which funds, and the net proceeds from the sale of property, forfeited or paid to the United States are deposited in the Fund under paragraph (2)(A)(ii) of such section to include civil penalties or fines imposed, including as part of a settlement agreement, on an entity for providing material support to an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and(3)increasing to 100 percent the percentage of funds, and the net proceeds from the sale of property, forfeited or paid to the United States as a civil penalty or fine that are deposited in the Fund under paragraph (2)(A)(ii) of such section.(d)

Rescissions

(1)

Business Loans Program Account

Of the unobligated balances of amounts made available under the heading Small Business Administration—Business Loans Program Account, CARES Act, for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $4,954,772,000 are hereby rescinded.(2)

Shuttered Venue Operators grant

Of the unobligated balances of amounts made available under the heading Small Business Administration—Shuttered Venue Operators, for carrying out section 324 of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9009a), $459,000,000 are hereby rescinded.(3)

Aviation Manufacturing Payroll Support Program

Of the unobligated balances of amounts made available under section 7202 of the American Rescue Plan Act of 2021 (15 U.S.C. 9132), $568,228,000 are hereby rescinded.

Secretary